NUREG-0980

°-U.S.N R C Vol. 1, No. 8

United States Nuclear Regulatory Commission

Protecting People and the Environment

Nuclear Regulatory

Legislation

1 10 th Congress; 2 nd Session

Office of the General Counsel
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SU.S.NRC

United States Nuclear Regulatory Commission

Protecting People and the Environment

NUREG-0980

Vol. 1, No. 8

Nuclear Regulatory

Legislation

1101h Congress; 2 n, Session

Prepared by:

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Date Published: May 2009
I
FOREWORD

This compilation of statutes and materials pertaining to nuclear regulatory

legislation through the 110th Congress, 2nd Session, has been prepared by the

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

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

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

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

completeness and accuracy of this material, neither the United States

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

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

completeness of the material presented in this compilation.

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

Anthony de Jesiis

Legislative Specialist

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Anthony.deJesus@nrc.gov

This document is available from the NRC Home Page at:

http://www.nrc.gov/reading-rn/doc-collections/nuregs/staff/sr0980/

and is published in two bound volumes.

iii

Table of Contents - Volume 1

1: Atomic Energy Act of 1954, as Amended

2: Energy Reorganization Act of 1974, as Amended

3: Reorganization Plan of 1980 and Other Documents

Pertaining to NRC Jurisdiction

V

Table of Contents - Volume 1

1. Atomic Energy Act of 1954, as Amended ............................. 1

2. Energy Reorganization Act of 1974, as Amended ............ 223

3. Reorganization Plan of 1980 and Other Documents

Pertaining to ARC Jurisdiction ............................................. 255

A. REORGANIZATION PLAN NO. 1 OF 1980 ....................................... 257

B. REORGANIZATION PLAN NO. 3 OF 1970 ........................................ 261

C. EXECUTIVE ORDER 11834-ACTIVATION OF THE ENERGY

RESEARCH AND DEVELOPMENT ADMINISTRATION AND

THE NUCLEAR REGULATORY COMMISSION .............................. 265

D. OMB MEMORANDUM REGARDING RESPONSIBILITY FOR

SETTING RADIATION PROTECTION STANDARDS .......... 266

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREE

M ILE ISLAND (12/7/79) .......................................................................... 268

vii

1:Atoi Enegy Ac of 15,as Amende

1. Atomic Energy Act of 1954, as Amended

Contents

T itle I- A tom ic E nergy .......................................................................................... 7

Chapter 1- Declaration, Findings, And Purpose .............................................. 7

Sec. 1. D eclaration ........................................................................................ 7

Sec. 2. F indings ............................................................................................. 7

Sec. 3. P urp ose ............................................................................................. . . 8

C hapter 2-D efinitions .......................................................................................... 9

Sec. 11. D efinitions ........................................................................................ 9

C hapter 3-O rganization ...................................................................................... 16

Sec. 23. O ffice .............................................................................................. 16

Sec. 24. General Manager, Deputy and Assistant General Managers ........ 17

Sec. 25. Divisions, Offices, And Positions ................................................. 17

Sec. 26. General Advisory Committee ...................................................... 18

Sec. 27. Military Liaison Committee ........................................................ 19

Sec. 28. Appointment Of Army, Navy, Or Air Force Officers ................ 19

Sec. 29. Advisory Committee On Reactor Safeguards ............................. 20

C hapter 4-R esearch ............................................................................................ 20

Sec. 31. Research Assistance ..................................................................... 20

Sec. 32. Research by the Commission ....................................................... 21

Sec. 33. Research For Others ..................................................................... 21

Chapter 5-Production Of Special Nuclear Material ........................................ 22

Sec. 41. Ownership And Operation Of Production Facilities .................. 22

Sec. 42. Irradiation Of Materials ............................................................... 23

Sec. 43. Acquisition of Production Facilities ............................................. 23

Sec. 44. Disposition Of Energy ................................................................... 23

Chapter 6-Special Nuclear Material ................................................................. 23

Sec. 51. Special Nuclear Material .............................................................. 23

Sec. 53. Domestic Distribution Of Special Nuclear Material .................. 24

Sec. 54. Foreign Distribution Of Special Nuclear Material ..................... 27

Sec. 55. A cquisition ..................................................................................... 29

Sec. 56. Guaranteed Purchase Prices ...................................................... 30

Sec. 57. Prohibition ..................................................................................... 30

Sec. 58. R eview ........................................................................................... 32

Chapter 7-Source Material ................................................................................. 33

Sec. 61. Source Material ............................................................................ 33

Sec. 62. License For Transfers Required ................................................. 33

Sec. 63. Domestic Distribution Of Source Material ................................. 33

Sec. 64. Foreign Distribution Of Source Material .................................... 34

Sec. 65. R eporting ....................................................................................... 34

Sec. 66. A cquisition ..................................................................................... 34

Sec. 67. Operations On Lands Belonging To The United States ............. 35

Sec. 68. Public And Acquired Lands ....................................................... 35

Sec. 69. Prohibition ..................................................................................... 36

Chapter 8-Byproduct Material ......................................................................... 36

Sec. 81. Domestic Distribution ................................................................... 36

Sec. 82. Foreign Distribution Of Byproduct Material ............................ 38
Sec. 83. Ownership And Custody Of Certain Byproduct Material And

D isposable Sites ......................................................................................... 38

Sec. 84. Authorities Of Commission Respecting Certain Byproduct

M aterial .................................................................................................. . . 40

Chapter 9-Military Application Of Atomic Energy ................................... 41

Sec. 91. A uthority ........................................................................................ 41

Sec. 92. Prohibition ..................................................................................... 43

Chapter 10-Atomic Energy Licenses .............................................................. 43

Sec. 101. License R equired ........................................................................ 43

Sec. 102. Utilization And Production Facilities For Industrial Or

C om m ercial Purposes ............................................................................... 43

Sec. 103. Com m ercial Licenses ................................................................. 44

Sec. 104. Medical Therapy And Research And Development ................. 45

Sec. 105. Antitrust Provisions ................................................................... 46

Sec. 106. Classes O f Facilities ................................................................... 48

Sec. 107. O perators' Licenses ................................................................... 48

Sec. 108. War Or National Emergency ..................................................... 48

Sec. 109. Component And Other Parts Of Facilities ............................... 49

Sec. 110. E xclusions ................................................................................... 50

Sec. 111. Distribution By The Department Of Energy ............................ 50

Chapter 11- International Activities ................................... 50

Sec. 121. Effect Of International Arrangements ...................................... 50

Sec. 122. Policies Contained In International Arrangements ................. 50

Sec. 123. Cooperation With Other Nations ............................................... 51

Sec. 124. International Atomic Pool .......................................................... 56

Sec. 125. Cooperation With Berlin ............................................................ 56

Sec. 126. Export Licensing Procedures ..................................................... 56

Sec. 127. Criteria Governing United States Nuclear Exports ................. 60

Sec. 128. Additional Export Criterion And Procedures .......................... 61

Sec. 129. Conduct Resulting In Termination Of Nuclear Exports ...... 62

Sec. 130. Congressional Review Procedures ............................................ 64

Sec. 131. Subsequent Arrangements ......................................................... 68

Sec. 132. Authority To Suspend Nuclear Cooperation With Nations

Which Have Not Ratified The Convention On The Physical Security

O f N uclear M aterial ................................................................................. 72

Sec. 133. Consultation With The Department Of Defense Concerning

Certain Exports And Subsequent Arrangements ................................. 72

Sec. 134. Further Restrictions On Exports .............................................. 73

Chapter 12-Control Of Information ................................................................. 76

Sec. 141. P olicy ............................................................................................ 76

Sec. 142. Classification And Declassification Of Restricted Data ........... 76

Sec. 143. Department Of Defense Participation ..................................... 77

Sec. 144. International Cooperation .......................................................... 77

Sec. 145. R estrictions ................................................................................... 79

Sec. 146. G eneral Provisions ..................................................................... 81

Sec. 147. Safeguards Inform ation ............................................................... 81

Sec. 148. Prohibition Against The Dissemination Of Certain

Unclassified Inform ation ......................................................................... 83

Sec. 149. Fingerprinting For Criminal History Record Checks ............. 85

Chapter 13-Patents And Inventions ................................................................ 87

2
Sec. 151. Inventions Relating To Atomic Weapons, And Filing Of

Reports ..................................................................................................... 87

Sec. 152. Inventions Made Or Conceived During Commission

Contracts ................................................................................................... 88

Sec. 153. Nonmilitary Utilization ............................................................... 90

Sec. 154. Injunctions .................................................................................. 92

Sec. 155. Prior Art ...................................................................................... 92

Sec. 156. Commission Patent Licenses ..................................................... 92

Sec. 157. Compensation, Awards, And Royalties ..................................... 92

Sec. 158. M onopolistic Use Of Patents ..................................................... 93

Sec. 159. Federally Financed Research ......................... : ........................... 93

Sec. 160. Saving Clause ............................................................................... 93

Chapter 14-General Authority .......................................................................... 94

Sec. 161. General Provisions ..................................................................... 94

Sec. 161A. Use Of Firearms By Security Personnel ................................... 101

Sec. 162. Contracts ........................................................................................ 102

Sec. 163. Advisory Committees .................................................................... 102

Sec. 164. Electric Utility Contracts ............................................................. 103

Sec. 165. Contract Practices........................................................................ 103

Sec. 166. Comptroller General Audit .......................................................... 103

Sec. 167. Claims Settlements ........................................................................ 104

Sec. 168. Payments In Lieu Of Taxes .......................................................... 104

Sec. 169. No Subsidy ..................................................................................... 104

Sec. 170. Indemnification And Limitation Of Liability ............................. 105

Sec. 170A. Conflicts Of Interest Relating To Contracts And Other

Arrangements ............................................................................................. 123

Sec. 170B. Uranium Supply .......................................................................... 124

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

R etirees ........................................................................................................ 12 5

Sec. 170D. Security Evaluations ................................................................... 126

Sec. 170E. Design Basis Threat Rulemaking ............................................... 126

Sec. 170F. Recruitment Tools ...................................................................... 127

Sec. 170G. Expenses Authorized To Be Paid By The Commission ........... 128

Sec. 170H. Radiation Source Protection ..................................................... 128

Sec. 1701. Secure Transfer Of Nuclear M aterials ...................................... 131

Chapter 15-Compensation For Private Property Acquired ............................ 132

Sec. 171. Just Compensation ........................................................................ 132

Sec. 172. Condemnation Of Real Property ................................................. 132

Sec. 173. Patent Application Disclosures .................................................... 133

Sec. 174. Attorney General Approval Of Title ........................................... 133

Chapter 16-Judicial Review And Administrative Procedure .......................... 133

Sec. 181. General ........................................................................................... 133

Sec. 182. License Applications ..................................................................... 134

Sec. 183. Terms Of Licenses ......................................................................... 135

Sec. 184. Inalienability Of Licenses ............................................................. 135

Sec. 185. Construction Permits And Operating Licenses .......................... 136

Sec. 186. Revocation ...................................................................................... 136

Sec. 187. M odification Of License ............... : ............................................... 137

Sec. 188. Continued Operation Of Facilities ............................................... 137

Sec. 189. Hearings And Judicial Review ..................................................... 137

3
Sec. 190. Licensee Incident Reports ............................................................ 140

Sec. 191. Atomic Safety And Licensing Board ........................................... 140

Sec. 192. Temporary Operating License ..................................................... 140

Sec. 193. Licensing Of Uranium Enrichment Facilities ............................. 143

Chapter 17-Joint Committee On Atomic Energy .............................................. 144

C hapter 18-Enforcem ent ..................................................................................... 146

Sec. 221. G eneral Provisions ........................................................................ 146

Sec. 222. Violations Of Specific Sections ..................................................... 146

Sec. 223. Violation Of Sections Generally ................................................... 147

Sec. 224. Communication Of Restricted Data ............................................ 148

Sec. 225. Receipt Of Restricted Data ........................................................... 148

Sec. 226. Tampering With Restricted Data .................................... ............ 148

Sec. 227. Disclosure Of Restricted Data ...................................................... 149

Sec. 228. Statute Of Limitations .................................................................. 149

Sec. 229. Trespass On Commission Installations ....................................... 149

Sec. 230. Photographing, Etc., Of Commission Installations .................... 150

Sec. 231. O ther L aw s .................................................................................... 150

Sec. 232. Injunction Proceedings ................................................................. 150

Sec. 233. Contempt Proceedings .................................................................. 150

Sec. 234. Civil Monetary Penalties For Violations Of Licensing

R equirem ents ............................................................................................. 15 1

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

E nergy R egulations .................................................................................... 151

Sec. 235. Protection Of Nuclear Inspectors ................................................ 153

Sec. 236. Sabotage Of Nuclear Facilities Or Fuel ....................................... 154

C hapter 19-M iscellaneous .................................................................................. 155

Sec. 241. Transfer Of Property .................................................................... 155

Sec. 242. C old Standby ................................................................................. 155

Sec. 243. Scholarship And Fellowship Program ......................................... 155

Sec. 244. Partnership Program With Institutions Of Higher Education. 156

Sec. 251. Report To Congress. [Repealed] .................................................. 157

Sec. 261. A ppropriations .............................................................................. 157

Sec. 271. A gency Jurisdiction ....................................................................... 158

Sec. 272. Applicability Of Federal Power Act ............................................ 158

Sec. 273. Licensing Of Government Agencies ............................................ 158

Sec. 274. Cooperation With States .............................................................. 158

Sec. 275. Health And Environmental Standards For Uranium Mill

T ailin g s ........................................................................................................ 164

Sec. 276. State Authority To Regulate Radiation Below Level Of

Regulatory Concern Of Nuclear Regulatory Commission ..................... 167

Sec. 281. Separability ................................................................................... 167

Sec. 291. Short T itle ...................................................................................... 167

Chapter 20-Joint Committee On Atomic Energy Abolished; Functions And

R esponsibilities R eassigned .............................................................................. 168

Sec. 301. Joint Committee On Atomic Energy Abolished ......................... 168

Sec. 302. Transfer Of Certain Functions Of The Joint Committee On

Atomic Energy And Conforming Amendments To Certain Other

L aw s . ........................................................................................................... 16 8

Sec. 303. Information And Assistance To Congressional Committees..... 168

Chapter 21-Defense Nuclear Facilities Safety Board ........................................ 169

4
Sec. 311. E stablishm ent ................................................................................ 169

Sec. 312. Functions Of The Board ............................................................... 170

Sec. 313. Pow ers O f B oard ........................................................................... 171

Sec. 314. Responsibilities Of The Secretary Of Energy ............................. 173

Sec. 315. Board Recommendations .............................................................. 173

Sec. 3 16. R ep orts ........................................................................................... 175

See. 317. Judicial R eview .............................................................................. 175

Sec. 318. D efi nition ........................................................................................ 175

Sec. 319. Contract Authority Subject To Appropriations ......................... 176

Sec. 320. Transmittal Of Certain Information to Congress ...................... 176

Sec. 321. Annual Authorization Of Appropriations ................................... 176

Title IT-United States Enrichment Corporation ................................................ 179

Chapter 22-General Provisions ........................................................................... 179

Sec. 1201. D efinitions .................................................................................... 179

Sec. 1202. P urposes ....................................................................................... 180

Chapter 23-Establishment, Powers, And Organization Of Corporation ........ 181

Sec. 1301. Establishment Of The Corporation ........................................... 181

Sec. 1302. C orporate O ffices ........................................................................ 181

Sec. 1303. Powers Of The Corporation ....................................................... 181

Sec. 1304. Board Of Directors ................................................ ..................... 182

Sec. 1305. Employees Of The Corporation ................................................. 183

Sec. 1306. A udits ........................................................................................... 184

Sec. 1307. A nnual R eports ............................................................................ 184

Sec. 1308. A ccounts ....................................................................................... 185

Sec. 1309. O bligations ................................................................................... 185

Sec. 1310. Exemption From Taxation And Payments In Lieu Of Taxes.. 186

Sec. 1311. Cooperation With Other Agencies ............................................. 187

Sec. 1312. Applicability Of Certain Federal Laws ..................................... 187

Sec. 13 13. Security ........................................................................................ 188

Sec. 1314. Control Of Information .............................................................. 188

Sec. 1315. T ransition ..................................................................................... 188

Sec. 1316. Working Capital Account ........................................................... 189

Chapter 24-Rights, Privileges, And Assets Of The Corporation ...................... 189

Sec. 1401. Marketing And Contracting Authority ..................................... 189

Sec. 1402. P ricing .......................................................................................... 190

Sec. 1403. Leasing Of Gaseous Diffusion Facilities Of Department ......... 190

Sec. 1404. Capital Structure Of Corporation ............................................. 191

Sec. 1405. Patents And Inventions ................................. : ............................. 192

Sec. 1406. L iabilities ...................................................................................... 192

Sec. 1407. Transfer Of Uranium Inventories .............................................. 192

Sec. 1408. Purchase Of Highly Enriched Uranium From Former Soviet

U n io n ........................................................................................................... 19 2

Chapter 25-Privatization Of The Corporation .................................................. 193

Sec. 1501. Strategic Plan For Privatization ................................................ 193

Sec. 1502. Privatization ............................................................................... 193

Chapter 26-Avlis And Alternative Technologies For Uranium Enrichment.. 194

Sec. 1601. Assessment By United States Enrichment Corporation .......... 194

Sec. 1602. Transfer Of Rights And Property To United States

Enrichm ent C orporation ........................................................................... 195

5
Sec. 1603. Predeployment Activities By United States Enrichment

C orp oration ................................................................................................ 195

Sec. 1604. United States Enrichment Corporation Sponsorship Of

Private For-Profit Corporation To Construct Avlis And Alternative

Technologies For Uranium Enrichment ................................................... 196

Sec. 1605. Aviis Commercialization Fund Within United States

E nrichm ent C orporation ........................................................................... 197

Sec. 1606. Department Research And Development Assistance ............... 197

Sec. 1607. Site Selection.............. .............. ....... .198

Sec. 1608. Exclusion From Price-Anderson Coverage ............................... 198

Chapter 27-Licensing And Regulation Of Uranium Enrichment Facilities .... 198

Sec. 1701. Gaseous Diffusion Facilities ........................................................ 198

See. 1702. Licensing Of Other Technologies ............................................... 199

See. 1703. Regulation Of Restricted Data ................................................... 200

Chapter 28-Decontamination And Decommissioning .................................. .... 200

Sec. 1801. Uranium Enrichment Decontamination And

D ecom m issioning Fund .............................................................................. 200

Sec. 1802. D eposits ........................................................................................ 200

See. 1803. D epartm ent Facilities .................................................................. 201

Sec. 1804. Em ployee Provisions ................................................................... 202

Sec. 1805. Reports To Congress ................................................................... 202

Title III-R escissions A nd O ffsets ......................................................................... 202

Chapter 1-Energy And Water Development Uranium Enrichment

C ap a city ............................................................................................................. 2 0 2

Subchapter A-United States Enrichment Corporation Privatization ....... 202

Sec. 3101. Short T itle .................................................................................... 202

Sec. 3102. D efinitions .................................................................................... 202

Sec. 3103. Sale O f The Corporation ............................................................ 203

Sec. 3104. M ethod O f Sale ............................................................................ 203

Sec. 3105. Establishment Of Private Corporation ..................................... 204

Sec. 3106. Transfers To The Private Corporation ..................................... 205

Sec. 3107. Leasing Of Gaseous Diffusion Facilities .................................... 205

Sec. 3108. Transfer O f Contracts ................................................................ 206

Sec. 3109. Liabilities ...................................... 207

Sec. 3110. Em ployee Protections .................................................................. 208

Sec. 3111. O w nership Lim itations ............................................................... 211

Sec. 3112. Uranium Transfers And Sales .................................................... 212

Sec. 3112a. Incentives For Additional Downblending Of Highly

Enriched Uranium By The Russian Federation ...................................... 215

Sec. 3113. Low -L evel W aste ......................................................................... 219

Sec. 3 114. A vlis .............................................................................................. 220

Sec. 3115. Application Of Certain Laws ..................................................... 220

6
A. THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

Public Law 83-703 68 Stat. 919

August 30, 1954

Title I- Atomic Energy

Chapter 1- Declaration, Findings, And Purpose

42 USC 2011.

Declaration.

42 USC 2012.

Findings.

Sec. 1. Declaration.

Atomic energy is capable of application for peaceful as well as

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

States that'-

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

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

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

contribution to the common defense and security; and

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

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

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

enterprise.

Sec. 2. Findings.

The Congress of the United States hereby makes the following

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

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

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

security.

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

nuclear material affect interstate and foreign commerce and must be

regulated in the national interest.

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

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

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

safety of the public.

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

utilization facilities are affected with the public interest, and regulation by

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

the facilities used in connection therewith is necessary in the national

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

Public Law 88-489 (78 Stat. 602)(1964), section 20, the Private Ownership of Special Nuclear Materials Act

reads as follows:

Nothing in this Act shall be deemed to diminish existing authority of the United States, or of the

Atomic Energy Commission under the Atomic Energy Act of 1954, as amended to regulate source,

byproduct, and special nuclear material and production and utilization facilities or to control such materials

and facilities exported from the United States by imposition of governmental guarantees and security

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

health and safety of the public, or to reduce the responsibility of the Atomic Energy Commission to achieve

such objectives. 3

Public Law 88-489 (78 Stat. 602) (1964), section 1, deleted 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.

7
interest to assure the common defense and security and to protect the

health and safety of the public.

f. The necessity for protection against possible interstate damage

occurring from the operation of facilities for production or utilization of

source or special nuclear material places the operation of those facilities in

interstate commerce for the purposes of this Act.

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

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

common defense and security and promote the general welfare.

i.4 In order to protect the public and to encourage the development of

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

common defense and security, the United States may make funds

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

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

losses.

5

See. 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. 5

Public Law 85-256 (71 Stat. 576), (1957), section 1, added subsection i. 6

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;

8
42 USC 2014.

Definitions.

Agency of the

U.S.

Agreement for

cooperation.

Atomic energy.

Atomic

weapon.

Byproduct

material.

Chapter 2-Definitions

Sec. 11. Def'mitions.

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

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

used in this Act:

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

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

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

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

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

establishment in the judicial branch.

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

another nation or regional defense organization authorized or permitted by

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

section 123.7

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

course of nuclear fission or nuclear transformation.

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

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

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

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

prototype, or a weapon test device.

e. The term "byproduct material" means-

(I) 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

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

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

activity.s

7

Public Law 87-206 (75 Stat. 475) (1961), section 2, amended this subsection by adding section 91c. 8

Public Law 109-58 (119 Stat. 806), August 8, 2005; section 651(e)(1), revised subsection (e) of section 11

(Definitions) of the Atomic Energy Act of 1954 by adding new paragraphs (3) and (4) to the definition of

byproduct material. Former subsection (e) read:

9
"(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), section 651(e)(4) and (5), added the following

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

SlIe. of the Act:

(4) FINAL REGULATIONS.-

(A) REGULATIONS.-

Deadline. (i) IN GENERAL.-Not later than 18 months after the date of enactment of

this Act, the Commission, after consultation with States and other stakeholders, shall issue

final regulations establishing such requirements as the Commission determines to be

necessary to carry out this section and the amendments made by this section.

(ii) INCLUSIONS.-The regulations shall include a definition of the term "discrete source"

for purposes of paragraphs (3) and (4) of section I Ie. of the Atomic Energy Act of 1954 (42

U.S.C. 2014(e)) (as amended by paragraph (1)).

(B) COOPERATION.-In promulgating regulations under paragraph (1), the Commission shall, to

the maximum extent practicable-

(i) cooperate with States; and

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

(C) TRANSITION PLAN.-

(i) DEFINITION OF BYPRODUCT MATERIAL-In this paragraph, the term "byproduct

material" has the meaning given the term in paragraphs (3) and (4) of section 1I e, 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, theCommission, 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

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

defined in paragraph (1) or (2) of section 1 le. 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 11 e. 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 1 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 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 lIe. of the

Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1)) if the Commission

determines that the waiver is in accordance with the protection of the public health and safety and the

promotion of the common defense and security.-

(B) EXCEPTIONS.-

(i) IN GENERAL.-The Commission may not grant a waiver under subparagraph (A) with

respect to10
0 ; ; ý

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

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

and security, defense and security of the United States.

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

information. category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the

Design. 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

Extraordinary information contained therein.

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

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

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

causing radiation levels off-site, which the Nuclear Regulatory

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

substantial, and which the Nuclear Regulatory Commission or the

Secretary of Energy, as appropriate determines has resulted or will

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

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

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

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

Nuclear Regulatory Commission or the Secretary of Energy, as

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

which such determination shall be made. As used in this subsection, "offsite" means away from "the location" or "the contract location" as defined

in the applicable Nuclear Regulatory Commission or the Secretary of

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

Financial section 170.

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

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

defending claims and settling suits for such damages.10

Government 1. The term "Government agency" means any executive department,

agency. 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,

(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 I year after the date of enactment of this Act; or

(111) 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-

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

amended by paragraph (1)); and

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

the public health and safety.

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

granted under this subsection.

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

'OPublic Law 85-256 (71 Stat. 576) (1957), section 3, added subsection k.

11
authority, administration, or other establishment in the executive branch

of the Government.

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

obligations under a policy of insurance furnished as proof of financial

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

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

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

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

in an indemnity agreement entered into pursuant to section 170.11

International n. The term "international arrangement" means any international

arrangement. 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.

Congressional o. Energy Committees' means the Committee on Energy and Natural

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

the House of Representatives.12

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

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

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

incident, 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:

42 USC 2091. Provided, however, That as the term is used in section 170 1., it shall 42 USC 20911 include any such occurrence outside of the United States: And provided 42 USC 2111 * further, That as the term is used in section 170d., it shall include any such 42 USC 2151. 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

Regulatory Commission to another person licensed by the Nuclear

Regulatory Commission. 15

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

12 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(1) amended section to reflect the current names of

congressional committees.

13Public Law 85-256 (71 Stat. 576) (1957), section 3, added subsection p. S

4

Public Law 89-645 (80 Stat. 891) (1966), section 1, amended this subsection by inserting the phase: "including an extraordinary nuclear occurrence".

"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 1 lq. Prior to amendment, the proviso read as follows: And provided further,

12
Operator. r. The term "operator" means any individual who manipulates the

Person. controls of a utilization or production facility.

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

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

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

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

government or nation or any political subdivision of any such government

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

Person agent, or agency of the foregoing.

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

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

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

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

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

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

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

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

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

executed and any other personwho may be liable for public liability by

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

any project to which indemnification under the provisions of section 170d.

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

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

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

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

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

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

produce new special nuclear material.

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

facility. 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, 8 '9 such term as used in Chapters 10 and 16 shall not include any

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.

"

6

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 I 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." 17public Law 101-575 (104 Stat. 2834) (1990) section 5(a) added a new last sentence to section I Iv. 18

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."

13
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. 0

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.

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

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

material, 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 51,

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

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

but does not include source material.

2

"Public Law 104-134 (110 Stat. 1321-349), Title I1, section 3116(b)(l), 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. 2 '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.

14
United States.

Utilization

facility.

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

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

Zone and Puerto Rico.22

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

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

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

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

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

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

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

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

especially designed for such equipment or device as determined by the

Commission.

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

have the meanings given such terms in section 2 of the Nuclear Waste

Policy Act of 1982 (42 USC 10101).

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

elements that have an atomic number greater than 92, including

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

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

concentrations as the Nuclear Regulatory Commission may prescribe to

protect the public health and safety.

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

activities subject to an agreement of indemnification under subsection d.

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

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

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

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

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

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

(93 Stat. 1265).

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

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

route in the case of an accident involving transportation of source

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

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

production or utilization facility, if the evacuation is-

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

but that poses imminent danger of bodily injury or property damage

from the radiological properties of source material, special nuclear

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

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

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

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

who reasonably determined that such an evacuation was necessary to

protect the public health and safety.

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

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

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

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

22Public 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. 23

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

15
the nuclear incident involved occurs, unless such law is inconsistent with

the provisions of such section.

Jj. Legal Costs.-As used in section 170, the term "legal costs" means

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

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

under such section.

Chapter 3-Organization

Sec. 23. Office.

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.24

24Public 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, 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.

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. The term of office of each member of the Commission

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

taking office'after June 30, 1950, shall expire, as designated by the President at the time of the

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

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

to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall

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

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

b. No membey 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(10)(A) previously amended section.22a. by

repealing the last sentence, which read:

Each member, except the Chairman, shall receive compensation at the rate of $22,000 per annum; and

the member designated as Chairman shall receive compensation at the rate of $22,500 per annum.

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.

16
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. 25

There is hereby established within the Commission:

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

Commission, and who shall discharge such of the administrative and

executive functions of the Commission as the Commission may direct.

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

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

Commission.

26

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

General Manager during his absence when so directed by the General

Manager, and who shall perform such other administrative and executive

functions as the General Manager shall direct. The Deputy General

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

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

shall be removable by the General Manager.27

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

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

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

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

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

b the General Manager. 28

Sec. 25. Divisions, Offices, And Positions.

There is hereby established within the Commission: 29

a. A Division of Military Application and such other 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

2

1Public 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. 26

Public Law 88-426 (78 Stat. 400) (1964), section 306(0, 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. 27Public Law 88-426 (78 Stat. 400) (1964), section 306(0, 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." 28

Public Law 88-426 (78 Stat. 400) (1964), section 306(0, 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." 29

Public 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."

17
Program Manager for Military Application, who shall be appointed by the

divisions. Commission and shall be an active commissioned officer of the Armed

Forces serving in general or flag officer rank or grade, as appropriate.

Each other program division shall be under the direction of a Director who

shall be appointed by the Commission. The Commission shall require

each such division to exercise such of the Commission's administrative

and executive powers as the Commission may determine; 30

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

Counsel. Counsel who shall be appointed by the Commission; 3 1 and

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

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

responsible for gathering information to show whether or not the

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

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

which the Federal Bureau of Investigation is responsible) and the

appropriate rules and regulations of the Commission.

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

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

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

General Manager with the approval of the Commission. They shall be

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

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

b the General Manager. 33

Sec. 26. General Advisory Committee.

(Repealed 34)

3

0Public Law 90-190 (81 Star. 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 88426 (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. 31

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 per

annum."

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

$16,000. 32

Public Law 88-426 (78 Stat. 400) (1964), section 306(f), amended the first sentence of section 25c. 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.

"

3

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." 34

Public Law 95-91 (91 Stat. 608) (1977) section 709(cX1). repealed section 26 which read:

General 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

18
42 USC 2038.

Appointment of

Army, Navy or

Air Force

Officers.

Chairman,

Military

Liaison

Committee.

Sec. 27. Military Liaison Committee.

(Repealed 35)

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

Officers.

Notwithstanding the provisions of any other law, the officer of the

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

Military Application shall serve without prejudice to his commissioned

status as such officer. Any such officer serving as Assistant General

Manager for Military Application shall receive in addition to his pay and

allowances, including special and incentive pays, for which pay and

allowances the Commission shall reimburse his service, an amount equal

to' the difference between such pay and allowances, including special and

incentive pays, and the compensation established for this position.36

Notwithstanding the provisions of any other law, any active or retired

officer of the Army, Navy, or Air Force may serve as Chairman of the

Military Liaison Committee without prejudice to his active or retired

status as such officer. Any such active officer serving as Chairman of the

Military Liaison Committee shall receive, in addition to his pay and

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.

35Public 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 of--

a. 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. 36

Public 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 difference

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

for this position pursuant to section 303, or section 309 of the Federal Executive Salary Act of 1964.

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

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

19
42 USC 2039.

Committee on

Reactor

Safeguards.

allowances, including special and incentive pays, an amount equal to the

difference between such pay and allowances, including special and

incentive pays, and the compensation fixed for such Chairman. Any such

retired officer serving as Chairman of the Military Liaison Committee

shall receive the compensation fixed for such Chairman and his retired

pay.37

Sec. 29. Advisory Committee On Reactor Safeguards.

There is hereby established an Advisory Committee on Reactor

Safeguards consisting of a maximum of fifteen members appointed by the

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

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

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

proposed or existing reactor facilities and the adequacy of proposed

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

Commission may request. One member shall be designated by the

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

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

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

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

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

Committee.

38 , 39

Chapter 4-Research

Sec. 31. Research Assistance.

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

as to insure the continued conduct of research and development and

training40 activities in the fields specified below, by private or public

institutions or persons, and to assist in the acquisition of an everexpanding fund of theoretical and practical knowledge in such fields. To

this end the Commission is authorized and directed to make arrangements

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

and development activities relating to-

(1) nuclear processes;

(2) the theory and production of atomic energy, including

processes, materials, and devices related to such production;

(3) utilization of special nuclear material and radioactive material

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

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

radioactive material and processes entailed in the utilization or

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

including industrial or commercial uses, the generation of usable

42 USC 2051.

Research

assistance.

37Public Law 107-107, Division A, title X, Subtitle E, section 1048(i)(l 1), (115 Stat. 1230); December 28,

2001. 3 8

Public Law 85-256 (71 Stat. 576) (1957), section 5, added section 29. 3

"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. 4 0

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

20
Grants for

construction of

reactors, etc.

41 USC 252(c)

(See 41 USC

260(b)).

42 USC 2052.

Research by the

Commission.

42 USC 2053.

Research for

others.

energy, and the demonstration of advances in the commercial or

industrial application of atomic energy;

41

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

research and production activities; and

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

developing more efficient methods to meet the Nation's energy

needs."

b. GRANTS AND CONTRIBUTIONS.-The Commission is

authorized-

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

operation of reactors and other facilities and other equipment to

colleges, universities, hospitals, and eleemosynary or charitable

institutions for the conduct of educational and training activities

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

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

equipment to institutions of higher education (as defined in section

102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to support

courses, studies, training, curricula, and disciplines pertaining to

nuclear safety, security, or environmental protection, or any other field

that the Commission determines to be critical to the regulatory mission

of the Commission.43

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

section, without regard to the provisions of section 3709 of the Revised

Statutes, as amended, upon certification by the Commission that such

action is necessary in the interest of the common defense and security, or

upon a showing by the Commission that advertising is not reasonably practicable; (2) make partial and advance payments under such

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

of its equipment and facilities as it may deem desirable.

d. The arrangements made pursuant to this section shall contain such

provisions (1) to protect health, (2) to minimize danger to life or property,

and (3) to require the reporting and to permit the inspection of work

performed thereunder, as the Commission may determine. No such

arrangement shall contain any provisions or conditions which prevent the

dissemination of scientific or technical information, except to the extent

such dissemination is prohibited by law.

Sec. 32. Research by the Commission.

The Commission is authorized and directed to conduct, through its

own facilities, activities and studies of the types specified in section 31.

Sec. 33. Research For Others.

Where the Commission finds private facilities or laboratories are

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

through its own facilities, such of those activities and studies of the types

specified in section 31 as it deems appropriate to the development of

energy.44 To the extent the Commission determines that private facilities

41

Public Law 91-560 (84 Stat. 1472) (1970), section 1, amended paragraph 3 1a.(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. 42

Public Law 92-84 (85 Stat. 304) (1971), section 201(a). added paragraph (6). 43

Public Law 109-58 (119 Stat. 801), August 8, 2005; Title VI, section 651(cXl).

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

follows:

21
42 USC 2061.

Ownership and

operation of

production

facilities.

Operation of

the

Commission's

production

facilities.

41 USC 252 (c)

(See 41 USC

260 (b)).

or laboratories are inadequate to the purpose, and that the Commission's

facilities, or scientific or technical resources have the potential of lending

significant assistance to other persons in the fields of protection of public

health and safety, the Commission may also assist other persons in these

fields by conducting for such persons, through the Commission's own

facilities, research and development or training activities and studies. The

Commission is authorized to determine and make such charges as in its

discretion may be desirable for the conduct of the activities and studies

referred to in this section.45

Chapter 5-Production Of Special Nuclear Material

Sec. 41. Ownership And Operation Of Production

Facilities.

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

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

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

conduct of research and development activities in the fields specified in

section 3 1, 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.46

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

Commission is authorized and directed to produce or to provide for the

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

the extent deemed necessary, the Commission is authorized to make, or to

continue in effect, contracts with persons obligating them to produce

special nuclear material in facilities owned by the Commission. The

Commission is also authorized to enter into research and development

contracts authorizing the contractor to produce special nuclear material in

facilities owned by the Commission to the extent that the production of

such special nuclear material may be incident to the conduct of research

and development activities under such contracts. Any contract entered into

under this section shall contain provisions (1) prohibiting the contractor

from subcontracting any part of the work he is obligated to perform under

the contract, except as authorized by the Commission; and (2) obligating

the contractor (A) to make such reports pertaining to activities under the

contract to the Commission as the Commission may require (B) to submit

to inspection by employees of the Commission of all such activities, and

(C) to comply with all safety and security regulations which may be

prescribed by the Commission. Any contract made under the provisions of

this paragraph may be made without regard to the provisions of section

"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

4 types specified in section 31 as it deems appropriate to the development of atomic energy." 5Public Law 90-190 (81 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.

46Public Law 102-486 (106 Stat. 2943) Oct. 24, 1992 added new section (3).

22
Operation of

other production

facilities.

42 USC 2062.

Irradiation of

materials.

42 USC 2063.

Acquisition of

production

facilities.

44 USC 252(c)

(See 41 USC

260(b)).

42 USC 2064.

Disposition of

energy.

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.4 7

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

may be produced in the facilities which under this section are not required

to be owned by the Commission.

See. 42. Irradiation Of Materials.

The Commission and persons lawfully producing or utilizing special

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

radiation incident to the processes of producing or utilizing special

nuclear material.

Sec. 43. Acquisition of Production Facilities.

The Commission is authorized to purchase any interest in facilities for

the production of special nuclear materials, or in real property on which

such facilities are located, without regard to the provisions of section 3709

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

Commission that such action is necessary in the interest of the common

defense and security, or upon a showing by the Commission that

advertising is not reasonably practicable. Partial and advance payments

may be made under contracts for such purposes. The Commission is

further authorized to requisition, condemn, or otherwise acquire any

interest in such production facilities, or to condemn or otherwise acquire

such real property, and just compensation shall be made therefor.

See. 44. Disposition Of Energy.

If energy is produced at production facilities of the Commission or is

produced in experimental utilization facilities of the Commission, such

energy may be used by the Commission, or transferred to other

Government agencies, or sold to publicly, cooperatively, or privately

owned utilities or users at reasonable and nondiscriminatory prices. If the

energy produced is electric energy, the price shall be subject to regulation

by the appropriate agency having jurisdiction. In contracting for the

disposal of such energy, the Commission shall give preference and

priority to public bodies and cooperatives or to privately owned utilities

providing electric utility services to high cost areas not being served by

public bodies or cooperatives. Nothing in this Act shall be construed to

authorize the Commission to engage in the sale or distribution of energy

for commercial use except such energy as may be produced by the

Commission incident to the operation of research and development

facilities of the Commission, or of production facilities of the

Commission.

Chapter 6-Special Nuclear Material

Sec. 51. Special Nuclear Material.

The Commission may determine from time to time that other material

is special nuclear material in addition to that specified in the definition as

special nuclear material. Before making any such determination, the

42 USC 2071.

Special nuclear

material.

47Public 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.

23
42 USC 2073.

Nuclear

material

licenses

Commission must find that such material is capable of releasing

substantial quantities of atomic energy and must find that the

determination that such material is special nuclear material is in the

interest of the common defense and security, and the President must have

expressly assented in writing to the determination. The Commission's

determination, together with the assent of the President, shall be submitted

to the Energy Committee 49 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 Energy50

Committee, after having received such determination, may by resolution

in writing, waive the conditions of or all or any portion of such thirty-day period.

Sec. 53. Domestic Distribution Of Special Nuclear

Material.

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

receive in interstate commerce, transfer, deliver, acquire, possess, own,

receive possession of or title to, import, or export under the terms of an

agreement for cooperation arranged pursuant to section 123, special

nuclear material, (ii) to make special nuclear material available for the

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

the United States to qualified applicants requesting such material- 5 2

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

types specified in section 31;

(2) for use in the conduct of research and development activities or

in medical therapy under a license issued pursuant to section 104;

(3) for use under a license issued pursuant to section 103;

(4) for such other uses as the Commission determines to be

appropriate to carry out the purposes of this Act. 53

b. The Commission shall establish, by rule, minimum criteria for the

issuance of specific or general licenses for the distribution of special

4

"Public Law 103-437 (108 Stat. 4592), section 15(f))(2), changed "Joint Committee" to "Energy Committee". 49

See Public Law'95-110, section 30lb. 50

Public Law 103-437 (108 Stat. 4592), section 15(f))(2), changed "Joint Committee" to "Energy Committee". 51

Public Law 88-489 (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. 52

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

applicants requesting such material- 53

Public Law 85-681 (72 Stat. 632) (1958), section 1, added clause (4).

24
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.5 4 Provided however, That unless otherwise authorized by law, the

Commission shall not after December 31, 1970, distribute special nuclear

material except by sale 55 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 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.

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)56 and shall

make a reasonable charge determined pursuant to this section for the use

of special nuclear material licensed and distributed by lease under

subsection 53a.(3). The Commission shall establish criteria in writing for

the determination of whether special nuclear material will be distributed

by grant and for the determination of whether a charge will be made for

the use of special nuclear material licensed and distributed by lease under

subsection 53a.(l), (2) or (4), considering, among other things, whether

the licensee is a nonprofit or eleemosynary institution and the purposes for

which the special nuclear material will be used.57

54

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

or enrichment services."

"Section (cXI1) amended by Public Law 102-486 (106 Stat. 2943), Oct. 24, 1992. 1

6

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

Vhrase and the same phrase in the next sentence read "subsection 53a. (1) or subsection 53a (2)."

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 distributed under subsection 53a.(1), (2) or (4) and shall make a reasonable charge determined pursuant to this section for the use of special nuclear material licensed and

25
d. In determining the reasonable charge to be made by the

Commission for the use of special nuclear material distributed by lease58

to licensees of utilization or production facilities licensed pursuant to

section 103 or section 104, in addition to consideration of the cost thereof,

the Commission shall take into consideration-

(1) the use to be made of the special nuclear material;

(2) the extent to which the use of the special nuclear material will

advance the development of the peaceful uses of atomic energy;

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

use for which the license is issued;

(4) whether the special nuclear material is to be used in facilities

licensed pursuant to section 103 or section 104. In this respect, the

Commission shall, insofar as practicable, make uniform,

nondiscriminatory charges for the use of special nuclear material

distributed to facilities licensed pursuant to section 103; and

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

licensed pursuant to section 103, the Commission shall make a further

charge equivalent to the sale price for similar special nuclear material

established by the Commission in accordance with subsection 53c.(2),

and the Commission may make such a charge with respect to such

material consumed in a facility licensed pursuant to section 104."9

License e. Each license issued pursuant to this section shall contain and be

conditions. subject to the following conditions-

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

the license except as defined by the license;

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

assigned or otherwise transferred in violation of the provisions of this

Act;

(4) all special nuclear material shall be subject to the right of

recapture or control reserved by section 108 and to all other provisions

of this Act;

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

production facility except in accordance with the provisions of this

Act;

(6) special nuclear material shall be distributed only on terms, as

may be established by rule of the Commission, such that no user will

be permitted to construct an atomic weapon;

(7) special nuclear material shall be distributed only pursuant to

such safety standards as may be established by rule of the Commission

to protect health and to minimize danger to life or property; and

(8) except to the extent that the indemnification and limitation of

liability provisions of section 170 apply, the licensee will hold the

United States and the Commission harmless from any damages

distributed under subsection 53a.(3). The Commission shall establish criteria in writing for the

determination of whether a charge will be made for the use of special nuclear material licensed and

distributed under subsection 53a.(1), (2) or (4) considering, among other things, whether the licensee is a non-profit or eleemosynary institution and the purposes for which the special nuclear material will be used.

58Public Law 88-489 (78 Stat. 602) (1964), section 7, added the words "by lease".

"gPublic Law 88489 (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.

6Public Law 88-489 (78 Stat. 602) (1964), section 8, deleted, subsec. 53e.(1). Subsec. 53e.(1) read:

(1) title to all special nuclear material shall at all times be in the United States:

26
Distribution for

independent

research, etc.

42 USC 2074.

Foreign

distribution of

special nuclear

material.

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

licensee.6 1

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

sufficient special nuclear material to permit the conduct of widespread

independent research and development activities to the maximum extent

practicable.62 In the event that applications for special nuclear material

exceed the amount available for distribution, preference shall be given to

those activities which are most likely, in the opinion of the Commission,

to contribute to basic research, to the development of peacetime uses of

atomic energy, or to the economic and military strength of the Nation.

Sec. 54. Foreign Distribution Of Special Nuclear

Material.

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

group of nations by distributing special nuclear material and to distribute

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

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

is made in accordance with section 123. Unless hereafter otherwise

authorized by law the Commission shall be compensated for special

nuclear material so distributed at not less than the Commission's

published charges applicable to the domestic distribution of such material,

except that the Commission to assist and encourage research on peaceful

uses or for medical therapy may so distribute without charge during any

calendar year only a quantity of such material which at the time of transfer

does not exceed in value $10,000 in the case of one nation or $50,000 in

the case of any group of nations. The Commission may distribute to the

International Atomic Energy Agency, or to any group of nations, only

such amounts of special nuclear materials and for such period of time as

are authorized by Congress: Provided, however, That, (i) notwithstanding

this provision, the Commission is hereby authorized, subject to the

provisions of section 123, to distribute to the Agency, five thousand

kilograms of contained uranium-235, five hundred grams of uranium-233,

and three kilograms of plutonium, together with the amounts of special

nuclear material which will match in amount the sum of all quantities of

special nuclear materials made available by all other members of the

Agency to June 1, 1960; and (ii) notwithstanding the foregoing provisions

of this subsection, the Commission may distribute to the International

Atomic Energy Agency, or to any group of nations, such other amounts of

special nuclear materials and for such other periods of time as are

established in writing by the Commission: Provided, however, That before

they are established by the Commission pursuant to this subdivision (ii),

such proposed amounts and periods shall be submitted to the Congress

and referred to the Energy Committees 63 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

61

Public 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 material by the licensee. 62

Public Law 90-190 (81 Stat. 575)(1967), 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. 63

See Public Law 95-110, section 301b; Public Law 103-437 (108 Stat. 4581) (1994), section 15 (0(3) (A)

struck "Joint Committee" and substituted Energy Committees.

27
Purchase of

special nuclear

material.

Foreign

distribution of

certain

materials.

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 sixtyday period the Energy Committees shall submit to their respective houses

reports of their views 64and recommendations respecting the proposed

amounts and periods and an accompanying proposed concurrent

resolution stating in substance that the Congress favors, or does not favor,

as the case may be, the proposed amounts or periods. The Commission

may agree to repurchase any special nuclear material distributed under a

sale arrangement pursuant to this subsection which is not consumed in

the course of activities conducted in accordance with the agreement for

cooperation, or any uranium remaining after irradiation of such special

nuclear material, at a repurchase price not to exceed the Commission's

sale price for comparable special nuclear material or uranium in effect at

the time of delivery of such material to the Commission. The

Commission may also agree to purchase, consistent with and within the

period of the agreement for cooperation, special nuclear material produced

in a nuclear reactor located outside the United States through the use of

special nuclear material which was leased or sold pursuant to this

subsection. Under any such agreement the Commission shall purchase

only such material as is delivered to the Commission during any period

when there is in effect a guaranteed purchase price for the same material

produced in a nuclear reactor by a person licensed under section 104,

established by the Commission pursuant to section 56, and the price to be

paid shall be the price so established by the Commission and in effect for

the same material delivered to the Commission.

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

Commission is authorized to distribute to any person outside the United

States (1) plutonium containing 80 percent centrum or more by weight of

plutonium-238, and (2) other special nuclear material when it has, in

accordance with subsection 57d., exempted certain classes or quantities of

such other special nuclear material or kinds of uses or users thereof from

the requirements for a license set forth in this chapter. Unless hereafter

otherwise authorized by law, the Commission shall be compensated for

special nuclear material so distributed at not less than the Commission's

published charges applicable to the domestic distribution of such material.

The Commission shall not distribute any plutonium containing 80 per

centrum or more by weight of 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. 65

Public Law 103-437 (108 Stat. 4581) (1994), section 15 (0(3) (B) struck "Joint Committee" and substituted

Energy Committees. 6

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

follows:

Sec.54. Foreign Distribution Of Special Nuclear Material.-The Commission is authorized to cooperate

with any nation by distributing special nuclear material and to distribute such special nuclear material,

pursuant to the terms of an agreement for cooperation to which such nation is a party and which is made in

accordance with section 123. Unless hereafter otherwise authorized by law the Commission shall be

compensated for special nuclear material so distributed at not less than the Commission's published

charges applicable to the domestic distribution of such material, except that the Commission to assist and

28
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):

(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

131 a.(2)(E) shall be subject to the requirements of section 131.66

See. 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. 67 Providing, That

42 USC 2075.

Acquisition.

41 USC 252(c)

(See 41 USC

260(b)).

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 1, 1960. The Commission may agree to repurchase any special

nuclear material distributed under a sale arrangement pursuant to this section which is not consumed in the

course of the activities conducted in accordance with the agreement for cooperation, or any uranium

remaining after irradiation of such special nuclear material, at a repurchase price not to exceed the

Commission's sale price for comparable special nuclear material or uranium in effect at the time of

delivery of such material to the Commission. The Commission may also agree to purchase, consistent with

and within the period of the agreement for cooperation, special nuclear material produced in a nuclear

reactor located outside the United States through the use of special nuclear material which was leased or

sold pursuant to this section. Under any such agreement, the Commission shall purchase only such

material as is delivered to the Commission during any period when there is in effect a guaranteed purchase

price for the same material produced in a nuclear reactor by a person licensed under section 104,

established by the Commission pursuant to section 56, and the price to be paid shall be the price so

established by the Commission and in effect for the same material delivered to the Commission.

Public Law 88-487 (78 Stat. 602)(1964) has added the last three sentences to section 54, Public Law

87-206 (75 Stat. 475)(1961) section 4, had added the words "five hundred grams of uranium 233 and three

kilograms ofplutonium" 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.

6Public Law 95-242 (92 Stat. 125)(1978), section 301(a) and section 303(b)(1) added subsec. 54(d) and subsec.

54(e), respectively. 67Public Law 88-489 (78 Stat. 602)(1964), section 10, amended section 55 by substituting a complete new

section 55. Before amendment section 55 read as follows:

29
42 USC 2076.

Guaranteed

purchase

prices.

42 USC 2077.

Unauthorized

handling.

42 USC 2077.

Special nuclear

material

production.

Technology

transfers.

the authority in this section to commit United States funds for any

activities pursuant to any subsequent arrangement under section

131 a.(2)(E) shall be subject to the requirements of section 131.68

Sec. 56. Guaranteed Purchase Prices.

The Commission shall establish guaranteed purchase prices for

plutonium produced in a nuclear reactor by a person licensed under

section 104 and delivered to the Commission before January 1, 1971. The

Commission shall also establish for such periods of time as it may deem

necessary but not to exceed ten years as to any such period, guaranteed

purchase prices for uranium enriched in the isotope 233 produced in a

nuclear reactor by a person licensed under section 103 or section 104 and

delivered to the Commission within the period of the guarantee. 69

Guaranteed purchase prices established under the authority of this section

shall not exceed the Commission's determination of the estimated value

of plutonium or uranium enriched in the isotope 233 as fuel in nuclear

reactors, and such prices shall be established on a non-discriminatory

basis: Provided, That the Commission is authorized to establish such

guaranteed purchase prices only for such plutonium or uranium enriched

in the isotope 233 as the Commission shall determine is produced through

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

Commission pursuant to section 53.7

See. 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

material7

' 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

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. 6

8Public Law 95-242 (92 Stat. 131) (1978), section 303(b)(2), added the proviso at the end of section 55.

"9Public Law 91-560 (84 Stat. 1472) (1970), section 2, added "section 103 or" to this sentence. 7

"Public Law 88-489 (78 Stat. 602)(1964), 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

years. 71

Public Law 108-458 (118 Stat. 3768), Dec. 17, 2004 added new language. Formerly read "in the production

of any special nuclear material".

30
Authorization

requests,

procedures.

Standards and

criteria.

Trade secrets,

protection.

42 USC 2014.

42 USC 2074*

42 USC 2094.

42 USC 7172.

the Secretary of Energy shall be made only with the concurrence of the

Department of State and after consultation with72 the Nuclear Regulatory

Commission, the Department of Commerce, and the Department of

Defense. The Secretary of Energy shall, within ninety days after the

enactment of the Nuclear Non-Proliferation Act of 1978, establish orderly

and expeditious procedures, including provision for necessary

administrative actions and inter-agency memoranda of understanding,

which are mutually agreeable to the Secretaries of State, Defense,

Commerce,73 and the Nuclear Regulatory Commission for the

consideration of requests for authorization under this subsection. Such

procedures shall include, at a minimum, explicit direction on the handling

of such requests, express deadlines for the solicitation and collection of

the views of the consulted agencies (with identified officials responsible

for meeting such deadlines), an inter-agency coordinating authority to

monitor the processing of such requests, predetermined procedures for the

expeditious handling of intra-agency and inter-agency disagreements and

appeals to higher authorities, frequent meetings of inter-agency

administrative coordinators to review the status of all pending requests,

and similar administrative mechanisms. To the extent practicable, an

applicant should be advised of all the information required of the

applicant for the entire process for every agency's needs at the beginning

of the process. Potentially controversial requests should be identified as

quickly as possible so that any required policy decisions or diplomatic

consultations can be initiated in a timely manner. An immediate effort

should be undertaken to establish quickly any necessary standards and

criteria, including the nature of only required assurances or evidentiary

showings, for the decision required under this subsection. The processing

of any requests proposed and filed as of the date of enactment of the

Nuclear Non-Proliferation Act of 1978 shall not be delayed pending the

development and establishment of procedures to implement the

requirements of this subsection. Any trade secrets or proprietary

information submitted by any person seeking an authorization under this

subsection shall be afforded the maximum degree of protection allowable

by law: Provided further, That the export of component parts as defined

in subsection 1 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.74

c. The Commission shall not-

(]) 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

72

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

Agency".

7

3Public Law 105-277 (112 Stat. 2681-774), Oct. 21; 1998, struck "the Arms Control and Disarmament

Agency".

"4Public 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.

31
(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.

Certain d. The Commission is authorized to establish classes of special nuclear

exemptions. 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 makesa finding that the exemption of such

classes or quantities of special nuclear material or such kinds of uses or

users would not be inimical to the common defense and security and

would not constitute unreasonable risk to the health and safety of the

public.75

e. Special nuclear material, as defined in section 11, produced in

facilities licensed under section 103 or section 104 may not be transferred,

reprocessed, used, or otherwise made available by any instrumentality of

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

42 Usc 2078. Sec. 58. Review.

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 Energy

Committees and a period of forty-five days shall elapse while Congress is

in session (in computing such forty-five days there shall be excluded the

days in which either House is not in session because of adjournment for

more than three days): Provided, however, That the Energy Committees,

after having received the proposed guaranteed purchase price, guaranteed

purchase price period, or criteria for the waiver of such charge, may by

resolution in writing waive the conditions of, or all or any portion of, such

forty-five day period.77 78

75

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

(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--

(1) 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

76 nuclear material to such person would be inimical to the common defense and security. Section 14 of Public Law 97-415 (96 Stat. 2067) (1983) added new subsec. e to section 57.

77Public Law 85-79 (71 Stat. 274) (1957), added section 58.

32
42 USC 2091.

Source

material.

Submittal of

determination

to Joint

Committee.

42 USC 2092.

License for

transfers

required.

42 USC 2093.

Domestic

distribution of

source material.

Chapter 7-Source Material

Sec. 61. Source Material.

The Commission may determine from time to time that other material is

source material in addition to those specified in the definition of source

material. Before making such determination, the Commission must find

that such material is essential to the production of special nuclear material

and must find that the determination that such material is source material

is in the interest of the common defense and security, and the President

must have expressly assented in writing to the determination. The

Commission's determination, together with the assent of the President,

shall be submitted to the Energy Committees 79 and a period of thirty days

shall elapse while Congress is in session (in computing such thirty days,

there shall be excluded the days on which either House is not in session

because of an adjournment of more than three days) before the

determination of the Commission may become effective: Provided,

however, That the Energy Committees, 80 after having received such

determination, may by resolution in writing waive the conditions of or all

or any portion of such thirty-day period.

Sec. 62. License For Transfers Required.

Unless authorized by a general or specific license issued by the

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

transfer or receive in interstate commerce, transfer, deliver, receive

possession of or title to, or import into or export from the United States

any source material after removal from its place of deposit in nature,

except that licenses shall not be required for quantities of source material

which, in the opinion of the Commission are unimportant.

Sec. 63. Domestic Distribution 6f Source Material.

a. The Commission is authorized to issue licenses for and to distribute

source material within the United States to qualified applicants requesting

such material-

(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; or

7

8Public 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): Provided, however, That the Joint Committee, after having received

the proposed fair price, guaranteed fair prices period, or criteria for the waiver of such charge, may by resolution waive

the conditions of or all or any portion of such forty-five day period.

Public Law 103-437 (108 Stat. 4581) (1994), section 15 (0(4) struck "Joint Committee" and substituted Energy

Committees throughout section.

79See Public Law 95-110, section 301b.

"' Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(4) struck "Joint Committee" and substituted

Energy Committees throughout section.

33
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 161 m. 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 161 in., for the source material licensed and distributed under

subsection 63a.(3). The Commission shall establish criteria in writing for

the determination of whether a charge will be made for the source material

licensed and distributed under subsection 63a.(1), subsection 63a.(2), or

subsection 63a.(4), considering, among other things, whether the licensee

is a nonprofit or eleemosynary institution and the purposes for which the

source material will be used.

42 USC 2094. Sec. 64. Foreign Distribution Of Source Material.

Foreign The Commission is authorized to cooperate with any nation by

distribution of distributing source material and to distribute source material pursuant to

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

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

also authorized to distribute source material outside of the United States

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

inimical to the interests of the United States. The authority to distribute

source material under this section other than under an export license

granted by the Nuclear Regulatory Commission shall in no case extend to

quantities of source material in excess of three metric tons per year per

recipient.

81

42 USC 2095. Sec. 65. Reporting.

Reporting. The Commission is authorized to issue such rules, regulations, or

orders requiring reports of ownership, possession, extraction, refining,

shipment, or other handling of source material as it may deem necessary,

except that such reports shall not be required with respect to (a) any

source material prior to removal from its place of deposit in nature, or (b)

quantities of source material which in the opinion of the Commission are

unimportant or the reporting of which will discourage independent

prospecting for new deposits. 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.

81

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

34
41 USC 252(c)

(See 41 USC

260(b)).

42 USC 2097.

Operations on

lands belonging

to the United

States.

42 USC 2098.

Public and

acquired lands.

Release of

reservation.

Any purchase made under this section may be made without regard to the

provisions of section 3709 of the Revised Statutes, as amended, upon

certification by the Commission that such action is necessary in the

interest of the common defense and security, or upon a showing by the

Commission that advertising is not reasonably practicable. Partial and

advanced payments may be made under contracts for such purposes. The

Commission may establish guaranteed prices for all source material

delivered to it within a specified time. Just compensation shall be made

for any right, property, or interest in property taken, requisitioned,

condemned, or otherwise acquired under this section.

Sec. 67. Operations On Lands Belonging To The United

States.

The Commission is authorized, to the extent it deems necessary to

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

prospecting for, exploration for, mining of, or removal of deposits of

source material in lands belonging to the United States: Provided,

however, That notwithstanding any other provisions of law, such leases or

permits may be issued for lands administered for national park,

monument, and wildlife purposes only when the President by Executive

Order declares that the requirements of the common defense and security

make such action necessary. Sec. 68. Public And Acquired Lands.

a.82 No individual, corporation, partnership, or association, which had

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

program, may benefit by any location, entry, or settlement upon the public

domain made after such individual, corporation, partnership, or

association took part in such project, if such individual, corporation,

partnership, or association, by reason of having had such part in the

development of the atomic energy program, acquired confidential official

information as to the existence of deposits of such uranium, thorium, or

other materials in the specific lands upon which such location, entry, or

settlement is made, and subsequent to the date of the enactment of this

Act made such location, entry, or settlement or caused the same to be

made for his, or its, or their benefit.

b. Any reservation of radioactive mineral substances, fissionable

materials, or source material, together with the right to enter upon the land

and prospect for, mine, and remove the same, inserted pursuant to

Executive Order 9613 of September 13, 1945, Executive Order 9701 of

March 4, 1946, the Atomic Energy Act of 1946, or Executive Order 9908

of December 5, 1947, in any patent, conveyance, lease, permit, or other

authorization or instrument disposing of any interest in public or acquired

lands of the United States, is hereby released, remised, and quitclaimed to

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

"

2

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

read: PUBLIC LANDS

35
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.8 3

30 USC 501- c. Notwithstanding the provisions of the Atomic Energy Act of 1946,

505. as amended, and particularly section 5(b)(7) thereof,"4 or the provisions of

the Act of August 12, 1953 (67 Stat. 539), and particularly section 3

thereof, any mining claim, heretofore located under the mining laws of the

United States, for or based upon a discovery of a mineral deposit which is

a source material and which, except for the possible contrary construction

of said Atomic Energy Act, would have been locatable under such mining

laws, shall, insofar as adversely affected by such possible contrary

construction, be valid and effective, in all respects to the same extent as if

said mineral deposit were a locatable mineral deposit other than a source

material.

Sec. 69. Prohibition.

42 USC 2099. The Commission shall not license any person to transfer or deliver,

Prohibition. 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.

42 USC 2111. a. IN GENERAL-No person may85 transfer or receive in interstate

Domestic commerce, manufacture, produce, transfer, acquire, own, possess, import,

distribution, or export any byproduct material, except to the extent authorized by this

section, section 82 or section 84.86 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 87 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

"

3

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. 84

See Atomic Energy Act of 1946, appendix B, infra, section 5(b)(7). 85

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

subsection (a) by inserting "(a). In general" preceding text. 86

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. 87Section 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.

36
discourage the use of such material or the development of sources of

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

encourage research and development. In distributing such material, the

Commission shall give preference to applicants proposing to use such

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

therapy. The Commission shall not permit the distribution of any

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

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

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

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

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

disclosed in the application therefor or approved by the Commission. The

Commission is authorized to establish classes of byproduct material and

to exempt certain classes or quantities of material or kinds of uses or users

from the requirements for a license set forth in this section when it makes

a finding that the exemption of such classes or quantities of such material

or such kinds of uses or users will not constitute an unreasonable risk to

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

public.

b. REQUIREMENTS-

(1) IN GENERAL-Except as provided in paragraph (2), byproduct

material, as defined in paragraphs (3) and (4) of section lIe., 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 lIe., 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 lIe.,

disposed of under this section shall not be considered to be low-level

radioactive waste for the purposes of-

(1) section 2 of the Low-Level Radioactive Waste Policy Act (42

U.S.C. 2021b); or

(2) carrying out a compact that is-

(A) entered into in accordance with that Act (42 U.S.C. 202 lb

et seq.); and

(B) Approved by Congress. 85

"8Public Law 109-58 (119 Stat. 807, 808), 2005, section 651(e)(3), added new subsection b., "Requirements",

and c., "Treatment as Low-Level Radioactive Waste";

Note: Public Law 109-58 (119 Stat. 808, August 8, 2005, Title VI, section 651(e)(3), redefined Low-Level

Radioactive Waste in section 2(9) of the Low Level Radioactive Waste Policy Amendments Act to take into

account the addition of paragraphs (3) and (4) of section lIe. of the Atomic Energy Act.

37
42 USC 2112.

Foreign

distribution of

byproduct

material.

42 USC 2113.

42 USC 2014.

42 USC 2111.

42 USC 2014.

Rule,

regulation or

order.

Sec. 82. Foreign Distribution Of Byproduct Material.

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

distributing byproduct material, and to distribute byproduct material,

pursuant to the terms of an agreement for cooperation to which such

nation is party and which is made in accordance with section 123.

b. The Commission is also authorized to distribute byproduct material

to any person outside the United States upon application thereforby such

person and demand such charge for such material as would be charged for

the material if it were distributed within the United States: Provided,

however, That the Commission shall not distribute any such material to

any person under this section if, in its opinion, such distribution would be

inimical to the common defense and security. And provided further, That

the Commission may require such reports regarding the use of material

distributed pursuant to the provisions of this section as it deems necessary.

c. The Commission is authorized to license others to distribute

byproduct material to any person outside the United States under the same

conditions, except as to charges, as would be applicable if the material

were distributed by the Commission.

Sec. 83. Ownership And Custody Of Certain Byproduct

Material And Disposable Sites.

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

under section 62 or section 81 for any activity which results in the

production of any byproduct material, as defined in section 11 e.(2), shall

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

(2) ownership of any byproduct material, as defined in section

I1 e.(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 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.89

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

that prior to the termination of any license which is issued after the

effective date of this section, title to the land, including any interest

therein (other than land owned by the United States or by a State) which is

used for the disposal of any byproduct material, as defined by section

11 e.(2), pursuant to such license shall be transferred to:

(i) the United States or-

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

of such State

89

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 (I) and (2) upon the termination of such

license, whichever first occurs.

38
unless9° 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 91 in such manner as will protect the

public health, safety, and the environment.

(B) If the Commission determines by order that use of the surface

or subsurface estates, or both, of the land transferred to the United

States or to a State under sub-paragraph (A) would not endanger the

public health, safety, welfare, or environment, the Commission,

pursuant to such regulations as it may prescribe, shall permit the use of

the surface or subsurface estates, or both, of such land in a manner

consistent with the provisions of this section. If the Commission

permits such use of such land, it shall provide the person who

transferred such land with the right of first refusal with respect to such

use of such land.

(2) If transfer to the United States of title to such byproduct

material and such land is required under this section, the Secretary

of Energy or any Federal agency designated by the President shall,

following the Commission's determination of compliance under

subsection c., assume title and custody of such byproduct material

and land transferred as provided in this subsection. Such Secretary

or Federal agency shall maintain such material and land in such

manner as will protect the public health and safety and the

environment. Such custody may be transferred to another officer or

instrumentality of the United States only upon approval of the

President.

(3) If transfer to a State of title to such byproduct material is

required in accordance with this subsection, such State shall,

following the Commission's determination of compliance under

subsection d., assume title and custody of such byproduct material

and land transferred as provided in this subsection. Such State 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

42 USC 2092.

9°Public Law 96-106 (93 Stat. 800).(1979), section 22(e)(1) amended section 83(b)(l)(A) 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 9 t

Public Law 96-106 (93 Stat. 800) (1979) section 22(e)(2) amended section 83(b)(1)(A) by inserting "section

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

39
42 USC 2014.

42 USC 2114.

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 I1 e.(2), to a State or the United States pursuant

to this subsection shall not relieve any licensee of liability for any

fraudulent or negligent acts done prior to such transfer.

(7) Material and land transferred to the United States or a State

in accordance with this subsection shall be transferred without cost

to the United States or a State (other than administrative and legal

costs incurred in carrying out such transfer). Subject to the

provisions of paragraph (1)(B) of this subsection, the United States

or a State shall not transfer title to material or property acquired

under this subsection to any person, unless such transfer is in the

same manner as provided under section 104(h) of the Uranium

Mill Tailings Radiation Control Act of 1978.

(8) The provisions of this subsection respecting transfer of title

and custody to land shall not apply in the case of lands held in trust

by the United States for any Indian tribe or lands owned by such

Indian tribe subject to a restriction against alienation imposed by

the United States. In the case of such lands which are used for the

disposal of byproduct material, as defined in section 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. 92

See. 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 e.(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, 93

92

Public Law 95-604 (92 Stat. 3033) (1978, section 202(a), added section 83. 93

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

40
Infra. (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 b. In carrying out its authority under this section, the Commission is

note. authorized to42 USC 2112. (1) by rule, regulation, or order require persons, officers, or

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

regulation of to conduct monitoring, perform remedial work, and to comply with

order. 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.

Civil penalty. 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

42 USC 2282. Commission under any other provisions of this Act.94

42 USC 2014. c. In the case of sites at which ores are processed primarily for their

42 USC 2114. source material content or which are used for the disposal of byproduct

material as defined in section 11 e.(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

42 USC 2022. 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 275.95

Chapter 9-Military Application Of Atomic Energy

42 USC 2121. Sec. 91. Authority.

a. The Commission is authorized to- Authority. (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

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

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

41
States has been obtained, which consent and direction shall be

obtained at least once each year;

(3) provide for safe storage, processing, transportation, and

disposal of hazardous waste (including radioactive waste) resulting

from nuclear materials production, weapons production and

surveillance programs, and naval nuclear propulsion programs;

(4) carry out research on and development of technologies needed

for the effective negotiation and verification of international

agreements on control of special nuclear materials and nuclear

weapons; and

(5) under applicable law (other than this paragraph) and consistent

with other missions of the Department of Energy, make transfers of

federally owned or originated technology to State and local

governments, private industry, and universities or nonprofit

organizations so that the prospects for commercialization of such

technology are enhanced.

b. The President from time to time may direct the Commission (1) to

deliver such quantities of special nuclear material or atomic weapons to

the Department of Defense for such use as he deems necessary in the

interest of national defense, or (2) to authorize the Department of Defense

to manufacture, produce, or acquire any atomic weapon or utilization

facility for military purposes: Provided, however, That such authorization

shall not extend to the production of special nuclear material other than

that incidental to the operation of such utilization facilities.

c. The President may authorize the Commission or the Department of

Defense, with the assistance of the other, to cooperate with another nation

and, notwithstanding the provisions of section 57, 62, or 81, to transfer by

sale, lease, or loan to that nation, in accordance with terms and conditions

of a program approved by the President-

(1) nonnuclear parts of atomic weapons provided that such nation

has made substantial progress in the development of atomic weapons,

and other nonnuclear parts of atomic weapons systems involving

Restricted Data provided that such transfer will not contribute

significantly to that nation's atomic weapon design, development or

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

of training and operational readiness;

(2) utilization facilities for military applications; and

(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

42
42 USC 2122.

Prohibition.

facilities for military applications the Commission, or the Department of

Defense with respect to cooperation it has been authorized to undertake,

may authorize any person to transfer such utilization facilities for military

applications in accordance with the terms and conditions of this

subsection and of the agreement for cooperation96

.

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 31 a. or section 101.97

"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."98

Chapter 10-Atomic Energy Licenses

Sec. 101. License Required.

It shall be unlawful, except as provided in section 91, for any person

within the United States to transfer or receive in interstate commerce,

manufacture, produce, transfer, acquire, possess, use, 99 import, or export

any utilization or production facility except under and in accordance with

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

104.

Sec. 102. Utilization And Production Facilities For

Industrial Or Commercial Purposes.

a. Except as provided in subsections b. and c., or otherwise

specifically authorized by law, any license hereafter issued for a

utilization or production facility for industrial or commercial purposes

shall be issued pursuant to section 103.

b. Any license hereafter issued for a utilization or production facility

for industrial or commercial purposes, the construction or operation of

which was licensed pursuant to subsection 104b. prior to enactment into

law of this subsection, shall be issued under subsection 104b.

42 USC 2131.

License

required.

42 USC 2132.

96Public Law 83-703 (68 Stat. 936), Aug. 30, 1954, Title I, Ch. 9, section 91, Public Law 85-479, (72 Stat.

276), July 2, 1958, section 1; 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(a)(8), renumbered title

yPublic. Law 108-458 (118 Stat. 3771), December 17,2004, added new language to section al. 9

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

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

43
42 USC 2133.

Commercial

licenses.

c. Any license for a utilization or production facility for industrial or

commercial purposes constructed or operated under an arrangement with

the Commission entered into under the Cooperative Power Reactor

Demonstration Program shall, except as otherwise specifically required by

applicable law, be issued under subsection 104b.' 0° Sec. 103. Commercial Licenses.

a. The Commission is authorized to issue licenses to persons applying

therefor to transfer or receive in interstate commerce, manufacture,

produce, transfer, acquire, possess, usel'l 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.'0 2 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'0 3 and may be renewed upon the expiration of such

period.

d. No license under this section may be given to any person for

activities which are not under or within the jurisdiction of the United

States, except for the export of production or utilization facilities under

terms of an agreement for cooperation arranged pursuant to section 123,

or except under the provisions of section 109. No license may be issued

to an alien or any'04 corporation or other entity if the Commission knows

1

0OPublic 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."

..2Public 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 cooperation arranged pursuant to section 123, such type of

utilization or production facility.

'O3Public Law 109-58, (119 Stat. 782), August 8, 2005, section 621, inserted "from the authorization

to commence operations" after "forty years". 104Public 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.

44
42 USC 2133.

42 USC 2237.

42 USC 2134.

Medical

therapy and

research and

development.

or has reason to believe it is owned, controlled, or dominated by an alien,

a foreign corporation, or a foreign government. In any event, no license

may be issued to any person within the United States if, in the opinion of

the Commission, the issuance of a license to such person would be

inimical to the common defense and security or to the health and safety of

the public.

f. Each license issued for a utilization facility under this section or

section 104b. shall require as a condition thereof that in case of any

accident which could result in an unplanned release of quantities of fission

products in excess of allowable limits for normal operation established by

the Commission, the licensee shall immediately so notify the

Commission. Violation of the condition prescribed by this subsection

may, in the Commission's discretion, constitute grounds for license

revocation. In accordance with section 187 of this Act, the Commission

shall promptly amend each license for a utilization facility issued under

this section or section 104b. which is in effect on the date of enactment of

this subsection to include the provisions required under this subsection.' 05

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 forin 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.'0 6

c. The Commission is authorized to issue licenses to persons applying

therefor for utilization and production facilities useful in the conduct of

research and development activities of the types specified in section 31

and which are not facilities of the type specified in subsection 104b. The

Commission is directed to impose only such minimum amount of

regulation of the licensee as the Commission finds will permit the

Commission to fulfill its obligations under this Act to promote the

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

'

0 5

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

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

follows:

b. The Commission is authorized to issue licenses to persons applying therefor for utilization and

production facilities involved in the conduct of research and development activities leading to the

demonstration of the practical value of such facilities for industrial or commercial purposes. In issuing

licenses under this subsection, the Commission shall impose the minimum amount of such regulations and

terms of license as will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will be compatible with

the regulations and terms of license which would apply in the event that a commercial license were later to

be issued pursuant to section 103 for that type of facility. In issuing such licenses, priority shall be given to

those activities which will, in the opinion of the Commission, lead to major advances in the application of

atomic energy for industrial or commercial purposes.

45
42 USC 2135.

Antitrust

provisions.

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 Act10 7 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 seventysix'0 8 inclusive, of an Act entitled 'An Act to reduce taxation, to provide

revenue for the Government, and for other purposes approved August

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

existing laws against unlawful restraints and monopolies, and for other

purposes, approved October fifteen, nineteen hundred and fourteen; and

'An Act to create a Federal Trade Commission, to define its powers and

duties, and for other purposes, approved September twenty-six, nineteen

hundred and fourteen. In the event a licensee is found by a court of

competent jurisdiction, either in an original action in that court or in a

proceeding to enforce or review the findings or orders of any Government

agency having jurisdiction under the laws cited above, to have violated

any of the provisions of such laws in the conduct of the licensed activity,

the Commission may suspend, revoke, or take such other action as it may

deem necessary with respect to any license issued by the Commission

under the provisions of this Act.

b. The Commission shall report promptly to the Attorney General any

information it may have with respect to any utilization of special nuclear

material or atomic energy which appears to violate or to tend toward the

violation of any of the foregoing Acts, or to restrict free competition in

private enterprise.

c. (1) The Commission shall promptly transmit to the Attorney

General a copy of any license application provided for in paragraph (2) of

this subsection, and a copy of any written request provided for in

paragraph (3) of this subsection; and the Attorney General shall, within a

reasonable time, but in no event to exceed 180 days after receiving a copy

of such application or written request, render such advice to the

Commission as he determines to be appropriate in regard to the finding to

be made by the Commission pursuant to paragraph (5) of this subsection.

Such advice shall include an explanatory statement as to the reasons or

basis therefor.

(2) Paragraph (1) of this subsection shall apply to an application

for a license to construct or operate a utilization or production facility

under section 103: Provided, however, That paragraph (1) shall not apply

'

0

°Public Law 88-489 (78 Stat. 602) (1964), section 14, deleted the phrase ", including the provisions which vest

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

'

0 8

Public Law 107-273 (116 Stat. 1921), Nov. 2, 2002, Div. C, Title IV, section 14102(c)(2)(D).

46
to an application for a license to operate a utilization or production facility

for which a construction permit was issued under section 103 unless the

Commission determines such review is advisable on the ground that

significant changes in the licensee's activities or proposed activities have

occurred subsequent to the previous review by the Attorney General and

the Commission under this subsection in connection with the construction

permit for the facility.

(3) With respect to any Commission permit for the construction of

a utilization or production facility issued pursuant to subsection 104b.

prior to the enactment into law of this subsection, any person who

intervened or who sought by timely written notice to the Commission to

intervene in the construction permit proceeding for the facility to obtain a

determination of antitrust considerations or to advance a jurisdiction basis

for such determination shall have the right, upon a written request to the

Commission, to obtain an antitrust review under this section of the

application for an operating license. Such written request shall be made

within 25 days after the date of initial Commission publication in the

Federal Register of notice of the filing of an application for an operating

license for the facility or the date of enactment into law of this subsection,

whichever is later.

(4) Upon the request of the Attorney General, the Commission

shall furnish or cause to be furnished such information as the Attorney

General determines to be appropriate for the advice called for in

paragraph (1) of this subsection.

(5) Promptly upon receipt of the Attorney General's advice, the

Commission shall publish the advice in the Federal Register. Where the

Attorney General advises that there may be adverse antitrust aspects and

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

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

Commission on such licensing matter in connection with the subject

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

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

be provided during the proceedings in connection with such subject

matter, and shall make a finding as to whether the activities under the

license would create or maintain a situation inconsistent with the antitrust

laws as specified in subsection 105a.

(6) In the event the Commission's finding under paragraph (5) is

in the affirmative, the Commission shall also consider, in determining

whether the license should be issued or continued, such other factors,

including the need for power in the affected area, as the Commission in its

judgment deems necessary to protect the public interest. On the basis of

its findings, the Commission shall have the authority to issue or continue a

license as applied for, to refuse to issue a license, to rescind a license or

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

appropriate. . (7) The. Commission, with the approval of the Attorney General,

may except from any of the requirements of this subsection such classes

or types of licenses as the Commission may determine would not

significantly affect the applicant's activities under the antitrust laws as

specified in subsection 105a.

(8) With respect to any application for a construction permit on

file at the time of enactment into law of this subsection, which permit

would be for issuance under section 103, and with respect to any

application for an operating license in connection with which a written

request for an antitrust review is made as provided for in paragraph (3),

the Commission, after consultation with the Attorney General, may, upon

determination that such action is necessary in the public interest to avoid

47
42 USC 2136.

Classes of

facilities.

42 USC 2137.

Operators'

licenses.

42 USC 2138.

War or national

emergency.

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.'0 9

(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. 110

See. 106. Classes Of Facilities.

The Commission maya. group the facilities licensed either under section 103 or under

section 104 into classes which may include either production or utilization

facilities or both, upon the basis of the similarity of operating and

technical characteristics of the facilities;

b. define the various activities to be carried on at each such class of

facility; and

c. designate the amounts of special nuclear material available for use

b each such facility. Sec. 107. Operators' Licenses.

The Commission shalla. prescribe uniform conditions for licensing individuals as operators

of any of the various classes of production and utilization facilities

licensed in this Act;

b. determine the qualifications of such individuals;

c. issue licenses to such individuals in such form as the Commission

may prescribe; and

d. suspend such licenses for violations of any provision of this Act or

any rule or regulation issued thereunder whenever the Commission deems

such action desirable.

See. 108. War Or National Emergency.

Whenever the Congress declares that a state of war or national

emergency exists, the Commission is authorized to suspend any licenses

granted under this Act if in its judgment such action is necessary to the

common defense and security. The Commission is authorized during such

period, if the Commission finds it necessary to the common defense and

security, to order the recapture of any special nuclear material"' or to

"~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 persons under section 103, it shall

notify the Attorney General of the proposed license and the proposed terms and conditions thereof, except

such classes br 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 1 50a. Within a reasonable time, in no event to exceed 90 days after receiving such notification,

the Attorney General shall advise the Commission whether, insofar as he can determine, the proposed

license would tend to create or maintain a situation inconsistent with the antitrust laws, and such advice

shall be published in the Federal Register. Upon the request of the Attorney General, the Commission shall

furnish or cause to be furnished such information as the Attorney General determines to be appropriate or

necessary to enable him to give the advice called for by this section.

S0Public Law 109-58, (119 Stat. 784), August 8, 2005; section 625, subsection (C)(9) added paragraph (9).

"'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.

48
42 USC 2139.

Domestic

activities

licenses,

issuance,

authorization.

Export licenses.

order the operation of any facility licensed under section 103 or section

104, and is authorized to order the entry into any plant or facility in order

to recapture such material, or to operate such facility. Just compensation

shall be paid for any damages caused by the recapture of any special

nuclear material or by the operation of any such facility.

Sec. 109. Component And Other Parts Of Facilities.

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

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

1 lcc.(2) the Commission may issue general licenses for domestic

activities required to be licensed under section 101, if the Commission

determines in writing that such general licensing will not constitute an

unreasonable risk to the common defense and security.

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

Commerce," 1

2 the Commission is authorized and directed to determine

which component parts as defined in subsection 1 lv.(2) or 1 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, 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 111(2)

of the Treaty will be applied with respect to such component, substance,

or item; (2) no such component, substance, or item will be used for any

nuclear explosive device or for research on or development of any nuclear

explosive device; and (3) no such component, substance, or item will be

re-transferred to the jurisdiction of any nation or group of nations unless

the prior consent of the United States is obtained for such retransfer; and

after determining in writing that the issuance of each such general or

specific license or category of licenses will not be inimical to the common

defense and security; Provided, That a specific license shall not be

required for an export pursuant to this section if the component, item or

substance is covered by a facility license issued pursuant to section 126 of

this Act.

c. The Commission shall not issue an export license under the

authority of subsection b. if it is advised by the executive branch, in

accordance with the procedures established under subsection 126 a., that

the export would be inimical to the common defense and security of the

United States." 3

.. Public Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "and the Director". .. 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 Facilities-With respect to those utilization and production facilities

which are so determined by this Commission pursuant to subsection 1 lv.(2) or 1 lcc.(2) the Commission

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

determines in writing that such general licensing will not constitute an unreasonable risk to the common

defense and security, and (b) issue licenses for the export of such facilities, if the Commission determines

in writing that each export will not constitute an unreasonable risk to the common defense and security.

Amended by Public Law 89-645 (80 Stat. 891) (1966), section 1. Prior to amendment, reference

was to "I It.(2)."

Amended by Public Law 89-645 (80 Stat. 891) (1966), section 1. Prior to amendment, reference

was to "I laa(2)." Earlier, Public Law 87-615 (76 Stat. 409) (1962), section 9, had amended the reference.

Prior to this amendment the reference was to "II v.(2)."

49
42 USC 2140.

Exclusions.

42 USC 2141.

42 USC 2112.

Supra.

Sec. 110. Exclusions.

Nothing in this subchapter shall be deemed

a. to require a license for (1) the processing, fabricating, or refining of

special nuclear material, or the separation of special nuclear material, or

the separation of special nuclear material from other substances, under

contract with and for the account of the Commission; or (2) the

construction or operation of facilities under contract with and for the

account of the Commission; or

b. to require a license for the manufacture, production, or acquisition

by the Department of Defense of any utilization facility authorized

pursuant to section 91, or for the use of such facility by the Department of

Defense or a contractor thereof.

Sec. 111. Distribution By The Department Of Energy.

a. The Nuclear Regulatory Commission is authorized to license the

distribution of special nuclear material, source material, and byproduct

material by the Department of Energy, pursuant to sections 54, 64, and 82

of this Act, respectively, in accordance with the same procedures

established by law for the export licensing of such material by any person:

Provided, That nothing in this section shall require the licensing of the

distribution of byproduct material by the Department of Energy under

section 82 of this Act.

b. The Department of Energy shall not distribute any special nuclear

material or source material under section 54 or section 64 of this Act other

than under an export license issued by the Nuclear Regulatory

Commission until (1) the Department has obtained the concurrence of the

Department of State and has consulted with" 1

4 the Nuclear Regulatory

Commission, and the Department of Defense under mutually agreed

procedures which shall be established within not more than ninety days

after the date of enactment of this provision and (2) the Department finds

based on a reasonable judgment of the assurances provided and the

information available to the United States Government, that the criteria in

section 127 of this Act or their equivalent and any applicable criteria in

subsection 128 are met, and that the proposed distribution would not be

inimical to the common defense and security. " 5

Chapter 11- International Activities

Sec. 121. Effect Of International Arrangements.

Any provision of this Act or any action of the Commission to the

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

international arrangements made after the date of enactment of this Act

shall be deemed to be of no force or effect.

Sec. 122. Policies Contained In International

Arrangements.

In the performance of its functions under this Act, the Commission

shall give maximum effect to the policies contained in any international

arrangement made after the date of enactment of this Act.

42 USC 2151.

Effect of

international

arrangements.

42 USC 2152.

Policies

contained

in international

arrangements.

" 4Public Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "the Arms Control and Disarmament

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

50
42 USC 2153

42 USC 2073,

2074, 2077,

2094, 2112,

2121, 2133,

2134, 2164.

Cooperative

agreements,

submitted to

President.

Contents.

42 USC 2121.

42 USC 2164.

Sec. 123. Cooperation With Other Nations.

No cooperation with any nation, group of nations or regional defense

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

shall be undertaken untila. the proposed agreement for cooperation has been submitted to the

President, which proposed agreement shall include the terms, conditions,

duration, nature, and scope of the cooperation; and shall include the

following requirements:

(1) a guaranty by the cooperating party that safeguards as set forth in

the agreement for cooperation will be maintained with respect to all

nuclear materials and equipment transferred pursuant thereto, and with

respect to all special nuclear material used in or produced through the

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

equipment remains under the jurisdiction or control of the cooperating

party, irrespective of the duration of other provisions in the agreement

or whether the agreement is terminated or suspended for any reason;

(2) in the case of non-nuclear-weapon states, a requirement, as a

condition of continued United States nuclear supply under the

agreement for cooperation, that IAEA safeguards be maintained with

respect to all nuclear materials in all peaceful nuclear activities within

the territory of such state, under its jurisdiction, or carried out under its

control anywhere;

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

pursuant to subsection 91 c., a guaranty by the cooperating party that

no nuclear materials and equipment or sensitive nuclear technology to

be transferred pursuant to such agreement, and no special nuclear

material produced through the use of any nuclear materials and

equipment or sensitive nuclear technology transferred pursuant to such

agreement, will be used for any nuclear explosive device, or for

research on or development of any nuclear explosive device, or for any

other military purpose;

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

pursuant to subsection 91 c. and agreements for cooperation with

nuclear-weapon states, a stipulation that the United States shall have

the right to require the return of any nuclear materials and equipment

transferred pursuant thereto and any special nuclear material produced

through the use thereof if the cooperating party detonates a nuclear

explosive device or terminates or abrogates an agreement providing

for IAEA safeguards;

(5) a guaranty by the cooperating party that any material or any

Restricted Data transferred pursuant to the agreement for cooperation

and, except in the case of agreements arranged pursuant to subsection

91c., 144b., 144c., or 144d.,1 6 any production or utilization facility

transferred pursuant to the agreement for cooperation or any special

nuclear material produced through the use of any such facility or

through the use of any material transferred pursuant tothe agreement,

will not be transferred to unauthorized persons or beyond the

jurisdiction or control of the cooperating party without the consent of

the United States;

(6) a guaranty by the cooperating party that adequate physical

security will be maintained with respect to any nuclear material

transferred pursuant to such agreement and with respect to any special

nuclear material used in or produced through the use of any material,

116As amended by Public Law 103-337 (108 Stat. 2663), October 5, 1994.

51
production facility, or utilization facility transferred pursuant to such

agreement;

(7) except in the case of agreements for cooperation arranged

pursuant to subsection 9 1c., 144b., 144c., or 144d.,"17 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 1 18 arranged

pursuant to subsection 91 c., 144b., 144c., or 144d., a guaranty by

the cooperating party that no plutonium, no uranium 233, and no

uranium enriched to greater than twenty percent in the isotope 235,

transferred pursuant to the agreement for cooperation, or recovered

from any source or special nuclear material so transferred or from any

source or special nuclear material used in any production facility or

utilization facility transferred pursuant to the agreement for

cooperation, will be stored in any facility that has not been approved

in advance by the United States; and

(9) except in the case of agreements for cooperation arranged

pursuant to subsection 91c., 144b., 144c., or 144d.," 9 a guaranty by

the cooperating party that any special nuclear material, production

facility, or utilization facility produced or constructed under the

jurisdiction of the cooperating party by or through the use of any

sensitive nuclear technology transferred pursuant to such agreement

for cooperation will be subject to all the requirements specified in this

subsection.

The President may exempt a proposed agreement for cooperation

(except an agreement arranged pursuant to subsection 91 c., 144b.,

144c., or 144d.'20)'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.12 1 any proposed agreement for cooperation shall be negotiated

by the Secretary of State, with the technical assistance and

concurrence of the Secretary of Energy and122 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

42 USC 2121.

42 USC 2164.

Agreement

requirements

Presidential

exemptions.

Nuclear

Proliferation

Assessment

Statement,

submitted to

President.

Proposed

cooperation

agreements

submittal to

President.

1

7 As amended by Public Law 103-337 (108 Stat. 2663), October 5, 1994. 1

8 As amended by Public Law 103-337 (108 Stat. 2663), October 5, 1994.

119As amended by Public Law 103-337 (108 Stat. 2663), October 5, 1994.

1

20

As amended by Public Law 103-337 (108 Stat. 3092), October 5, 1994.

121As amended by Public Law 103-337 (108 Stat. 3092), October 5, 1994.

122Public 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")".

52
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 3 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 91 c.,

144b., 144c., or 144d.,' 24 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 91 c., or 144b., which are to be implemented by the

Department of Defense, by the Secretary of Defense;

b. the President has submitted text of the proposed agreement for

cooperation, except an agreement arranged pursuant to section 91 c.,

144b., 144c., or 144d. of section 144,12 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 jproposed agreement with all the

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;

c. the proposed agreement for cooperation (if not an agreement subject

to subsection d.), together with the approval and determination of the

President, has been submitted to the Committee on Foreign Affairs' 27 of

the House of Representatives and the Committee on Foreign Relations of

the Senate for a period of thirty days of continuous session (as defined in

subsection 130g.): Provided, however, That these committees, after

having received such agreement for cooperation, may by resolution in

writing waive the conditions of all or any portion of such thirty-day

period; and

d. the proposed agreement for cooperation (if arranged pursuant to

subsection 91c., 144b., 144c., or 144d., or if entailing implementation of

sections 53, 54a., 103, or 104 in relation to a reactor that may be capable

of producing more than five thermal megawatts or special nuclear material

for use in connection therewith) has been submitted to the Congress,

together with the approval and determination of the President, for a period

of sixty days of continuous session (as defined in subsection 130g. of this

Act) and referred to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the Senate,

and in addition, in the case of a proposed agreement for cooperation

Submittal to

congressional

committees.

42 USC 2073.

42 USC 2074.

42 USC 2133.

42 USC 2134.

1

23

As amended by Public Law 99-64, section 301 (a)(1). '

24

As amended by Public Law 103-337 (108 Stat. 3092), October 5, 1994. 125

As amended by Public Law 103-337 (108 Stat. 32092), October 5, 1994. 126

As amended by Public Law 99-64, section 301(a)(2).

127 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (0(5) struck "International Relations" and

substituted "Foreign Affairs" throughout section.

53
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 sixtyday period the Congress adopts, and there is enacted, a joint resolutionlzs

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,129 when required by

subsection 123a., have been submitted to the Congress: Provided further,

That an agreement for cooperation exempted by the President pursuant to

subsection a. from any requirement contained in that subsection, or an

agreement exempted pursuant to section 104(a)(1) of the Henry J. Hyde

United States-India Peaceful Atomic Energy Cooperation Act of 2006,"'1

shall not become effective unless the Congress adopts, and there is

enacted, a joint resolution stating that the Congress does favor such

agreement.131 During the sixty-day period the Committee on Foreign

Affairs of the House of Representatives and the Committee on Foreign

Relations of the Senate shall each hold hearings on the proposed

agreement for cooperation and submit a report to their respective bodies

recommending whether it should be approved or disapproved.132 Any

such proposed agreement for cooperation shall be considered pursuant to

the procedures set forth in section 130i. of this Act. 1

33

Following submission of a proposed agreement for cooperation

(except an agreement for cooperation arranged pursuant to subsection

91c., 144b., 144c., or 144d.) to the Committee on Foreign Affairs of the

House of Representatives and the Committee on Foreign Relations of the

Senate, the Nuclear Regulatory Commission, the Department of State, the

Department of Energy, and the Department of Defense shall, upon the

request of either of those committees, promptly furnish to those

committees their views as to whether the safeguards and other controls

contained therein provide an adequate framework to ensure that any

export as contemplated by such agreement will not be inimical to or

constitute an unreasonable risk to the common defense and security.

If, after the date of enactment of the Nuclear Non-Proliferation Act of

1978, the Congress fails to disapprove a proposed agreement for

cooperation which exempts the recipient nation from the requirement set

forth in subsection 123a.(2), such failure to act shall constitute a failure to

adopt a resolution of disapproval pursuant to subsection 128b.(3) for

purposes of the Commission's consideration of applications and requests

under section 126a.(2) and there shall be no congressional review

pursuant to section 128 of any subsequent license or authorization with

respect to that state until the first such license or authorization which is

issued after twelve months from the elapse of the sixty-day period in

42 USC 2121.

42 USC 2164.

Agency views to

Congressional

Committees.

1

28

As amended by Public Law 99-64, section 301(a)(l).

"

29

Public 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".

" Public law 109-401 (120 Stat. 2734) (2006) amended section to include exemption clause from Henry J.

HWde United States-India Peaceful Atomic Energy Cooperation Act of 2006.

13 As amended by Public Law 99-64, section 301(b)(2).

1

32

As amended by Public Law 99-64, section 301(a)(3). 1

33

As amended by Public Law 99-64, section 301(b)(3).

54
which the agreement for cooperation in question is reviewed by the

Congress.

1

34

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:

See 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

91 c. 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 (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) 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 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;

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 thermal

megawatts or special nuclear material for use 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 Stat. 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 85-479 (72 Stat. 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 readas 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

55
President.

42 USC 2154.

International

atomic pool.

42 USC 2153.

Cooperation

with Berlin.

42 USC 2155.

42 USC 2112.

Executive

branch

judgment

notice to

commission.

Exemption.

Supra.

Contents.

Procedure.

e. The President shall keep the Committee on Foreign Affairs of the

House of Representatives and the Committee on Foreign Relations of the

Senate fully and currently informed of any initiative or negotiations

relating to a new or amended agreement for peaceful nuclear cooperation

pursuant to this section (except an agreement arranged pursuant to section

91 c., 144 b. 144 c., or 144 d., or an amendment thereto).' 35

Sec. 124. international Atomic Pool.

The President is authorized to enter into an international arrangement

with a group of nations providing for international cooperation in the

nonmilitary applications of atomic energy and he may thereafter cooperate

with that group of nations pursuant to section 54a, 57, 64, 82, 103, 104, or

144a.: Provided, however, That the cooperation is undertaken pursuant to

an agreement for cooperation entered into in accordance with section 123.

Sec. 125. Cooperation With Berlin.

The President may authorize the Commission to enter into agreements

for cooperation with the Federal Republic of Germany in accordance with

section 123, on behalf of Berlin, which for the purposes of this Act

comprises those areas over which the Berlin Senate exercises jurisdiction

(the United States, and French sectors) and the Commission may

thereafter cooperate with Berlin pursuant to section 54a,'36 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. 1

37

Sec. 126. Export Licensing Procedures.

a. No license may be issued by the Nuclear Regulatory Commission

(the "Commission") for the export of any production or utilization facility,

or any source material or special nuclear material, including distributions

of any material by the Department of Energy under section 54, 64, or 82,

for which a license is required or requested, no exemption from any

requirement for such an export license may be granted by the

Commission, as the case may be, until-

(1) the Commission has been notified by the Secretary of State

that it is the judgment of the executive branch that the proposed export

or exemption will not be inimical to the common defense and security,

or that any export in the category to which the proposed export

belongs would not be inimical to the common defense and security

because it lacks significance for nuclear explosive purposes.

Secretary of State shall, within ninety days after the enactment of this

section, establish orderly and expeditious procedures, including

provision for necessary administrative actions and inter-agency

memoranda of understanding, which are mutually agreeable to the

Secretaries of Energy, Defense, and Commerce,' 8 and the Nuclear

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, or 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 Stat. 276) (1958), section 4 added new subsec. 123d.

3 Public Law 110-369 (122 Stat. 4028) (2008), added sub-section e. 1

36

Sec. 5 of Public Law 93-377 (88 stat. 475) (1974) amended sections 124 and 125 by substituting the terms

"54a" for the term "54."

'17Public Law 85-14 (71 Stat. 11) (1957), added section 125.

'

38

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

Disarmament Agency".

56
Standards and

criteria.

Notice to

congressional

committees.

Regulatory Commission for the preparation of the executive branch

judgment on export applications under this section. Such procedures

shall include, at a minimum, explicit direction on the handling of such

applications, express deadlines for the solicitation and collection of the

views of the consulted agencies (with identified officials responsible

for meeting such deadlines), an inter-agency coordinating authority to

monitor the processing of such applications, predetermined procedures

for the expeditious handling of intra-agency and inter-agency

disagreements and appeals to higher authorities, frequent meetings of

inter-agency administrative coordinators to review the status of all

pending applications, and similar administrative mechanisms. To the

extent practicable, an applicant should be advised of all the

information required of the applicant for the entire process for every

agency's needs at the beginning of the process. Potentially

controversial applications should be identified as quickly as possible

so that any required policy decisions or diplomatic consultations can

be initiated in a timely manner. An immediate effort should be

undertaken to establish quickly any necessary standards and criteria,

including the nature of any required assurances or evidentiary

showing, for the decisions required under this section. The processing

of any export application proposed and filed as of the date of

enactment of this section shall not be delayed pending the

development and establishment of procedures to implement the

requirements of this section. The executive branch judgment shall be

completed in not more than sixty days from receipt of the application

or request, unless the Secretary of State in his discretion specifically

authorizes additional time for consideration of the application or

request because it is in the national interest to allow such additional

time. The Secretary shall notify the Committee on Foreign Relations of

the Senate and the Committee on Foreign Affairs139 of the House of

Representatives of any such authorization. In submitting any such

judgment, the Secretary of State shall specifically address the extent to

which the export criteria then in effect are met and the extent to which

the cooperating party has adhered to the provisions of the applicable

agreement for cooperation. In the event he considers it warranted, the

Secretary may also address the following additional factors, among

others:

(A) whether issuing the license or granting the exemption will

materially advance the non-proliferation policy of the United

States by encouraging the recipient nation to adhere to the Treaty,

or to participate in the undertakings contemplated by section 403

or 404(a) of the Nuclear Non-Proliferation Act of 1978;

(B) whether failure to issue the license or grant the exemption

would otherwise be seriously prejudicial to the non-proliferation

objectives of the United States; and

(C) whether the recipient nation or group of nations has agreed

that conditions substantially identical to the export criteria set

forth in section 127 of this Act will be applied by another nuclear

supplier nation or group of nations to the proposed United States

export, and whether in the Secretary's judgment those conditions

will be implemented in a manner acceptable to the United States.

"9 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(5) struck "International Relations" and

substituted "Foreign Affairs" throughout section.

57
Data and

recommendations.

Data and

recommendations.

42 USC 2154.

Extension,

notice

to Congress.

Findings.

Judicial review,

Exception.

The Secretary of State shall provide appropriate data and

recommendations, subject to requests for additional data and

recommendations, as required by the Commission or the Secretary of

Energy, as the case may be; and

(2) the Commission finds, based on a reasonable judgment of the

assurances provided and other information available to the Federal

Government, including the Commission, that the criteria in section 127

of this Act or their equivalent, and any other applicable statutory

requirements, are met: Provided, That continued cooperation under

an agreement for cooperation as authorized in accordance with section

124 of this Act shall not be prevented by failure to meet the provisions

of paragraph (4) or (5) of section 127 for a period of thirty days after

enactment of this section, and for a period of twenty-three months

thereafter if the Secretary of State notifies the commission that the

nation or group of nations bound by the relevant agreement has agreed

to negotiations as called for in section 404(a) of the Nuclear NonProliferation act of 1978; however, nothing in this subsection shall be

deemed to relinquish any rights which the United States may have

under agreements for cooperation in force on the date of enactment of

this section: Provided further, That if, upon the expiration of such

twenty four month period, the President determines that failure to

continue cooperation with any group of nations which has been

exempted pursuant to the above proviso from the provisions of

paragraph (4) or (5) of section 127 of this Act, but which has not yet

agreed to comply with those provisions would be seriously prejudicial

to the achievement of United States non-proliferation objectives or

otherwise jeopardize the common defense and security, he may, after

notifying the Congress of his determination, extend by Executive order

the duration of the above proviso for a period of twelve months, and

may further extend the duration of such proviso by one year

increments annually thereafter if he again makes such determination

and so notifies the Congress. In the event that the Committee on

Foreign Affairs of the House of Representatives or the Committee on

Foreign Relations of the Senate reports a joint resolution to take any

action with respect to any such extension, such joint resolution will be

considered in the House or Senate, as the case may be, under

procedures identical to those provided for the consideration of

resolutions pursuant to section 120 of this Act: And additionally

provided, That the Commission is authorized to (A) make a single

finding under this subsection for more than a single application or

request, where the applications or requests involve exports to the same

country, in the same general time frame, of similar significance for

nuclear explosive purposes and under reasonably similar

circumstances and (B) make a finding under this subsection that there

is no material changed circumstance associated with a new application

or request from those existing at the time of the last application or

request for an export to the same country, where the prior application

or request was approved by the Commission using all applicable

procedures of this section, and such finding of no material changed

circumstance shall be deemed to satisfy the requirement of this

paragraph for findings of the Commission. The decision not to make

any such finding in lieu of the findings which would otherwise be

required to be made under this paragraph shall not be subject to

judicial review: And provided further, That nothing contained in this

section is intended to require the Commission independently to

conduct or prohibit the Commission from independently conducting

58
country or site specific visitations in the Commission's consideration

of the application of IAEA safeguards.

b. (1) Timely consideration shall be given by the Commission to

requests for export license and exemptions and such requests shall be

granted upon a determination that all applicable statutory requirements

have been met.

Presidential (2) If, after receiving the executive branch judgment that the

review, 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 Report to export may be authorized by Executive order: Provided, That prior to

Congress and any such export, the President shall submit the Executive order,

congressional together with his explanation of why, in light of the Commission's

Committee. decision, the export should nonetheless be made, to the Congress for a

period of sixty days of continuous session (as defined in subsection

130g.) and shall be referred to the Committee on Foreign Affairs of the

House of Representatives and the Committee on Foreign Relations of

the Senate, but any such proposed export shall not occur if during such

sixty-day period the Congress adopt a concurrent resolution stating in

substance that it does not favor the proposed export. Any such

Executive order shall be considered pursuant to the procedures set

forth in section 130 of this Act for the consideration of Presidential

Review. submissions. And provided further, That the procedures established

pursuant to subsection (b) of section 304 of the Nuclear NonProliferation 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. In initiating its review

Concerns and the Commission may identify a set of concerns and requests for

request, information associated with the projected issuance of such license and

transmittal to shall transmit such concerns and requests to the executive branch

executive which shall address such concerns and requests in its written

branch, 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

59
Referral to

congressional

committees.

42 USC 2156.

such Presidential authorizations under this subsection, and subject to

the Congressional review procedures set forth herein.

However, if the Commission has commenced procedures for public

participation regarding the proposed export under regulations

promulgated pursuant to subsection (b) of section 304 of the Nuclear

Non-Proliferation Act of 1978, or-within sixty days after receipt of the

executive branch judgment on the proposed export-the Commission

has identified and transmitted to the executive branch a set of

additional concerns or requests for information, the President may not

authorize the proposed export until sixty days after public proceedings

are completed or sixty days after a full executive branch response to

the Commission's additional concerns or requests has been made

consistent with subsection a.(1) of this section: Provided further, That

nothing in this section shall affect the right of the Commission to

obtain data and recommendations from the Secretary of State at any

time as provided in subsection a.(1) of this section.

c. In the event that the House of Representatives or the Senate passes a

joint resolution which would adopt one or more additional export criteria,

or would modify any existing export criteria under this Act, any such joint

resolution shall be referred in the other House to the Committee on

Foreign Relations of the Senate or the Committee on Foreign Affairs of

the House of Representatives, as the case may be, and shall be considered

by the other House under applicable procedures provided for the

consideration of resolutions pursuant to section 130 of this Act."4 ' 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 NonProliferation Act of 1978, physical security measures shall be deemed

adequate if such measures provide a level of protection equivalent to

that required by the applicable regulations.

(4) No such materials, facilities, or sensitive nuclear technology

proposed to be exported, and no special nuclear material produced

through the use of such material, will be re-transferred to the

jurisdiction of any other nation or group of nations unless the prior

1

40

Public Law 95-242 (92 Stat. 131) (1978), section 304(a), added section 126.

60
42 USC 2157.

Export

applications,

criterion

enforcement.

approval of the United States is obtained for such re-transfer. In

addition to other requirements of law, the United States may approve

such retransfer only if the nation or group of nations designated to

receive such retransfer agrees that it shall be subject to the conditions

required by this section.

(5) No such material proposed to be exported and no special

nuclear material produced through the use of such material will be

reprocessed, and no irradiated fuel elements containing such material

removed from a reactor shall be altered in form or content, unless the

prior approval of the United states is obtained for such reprocessing or

alteration.

(6) No such sensitive nuclear technology shall be exported unless

the foregoing conditions shall be applied to any nuclear material or

equipment which is produced or constructed under the jurisdiction of

the recipient nation or group of nations by or through the use of any

exported sensitive nuclear technology.141

Sec. 128. Additional Export Criterion And Procedures.

a, (1) As a condition of continued United States export of source

material, special nuclear material, production or utilization facilities, and

any sensitive nuclear technology to non-nuclear-weapon states, no such

export shall be made unless IAEA safeguards are maintained with respect

to all peaceful nuclear activities in, under the jurisdiction of, or carried out

under the control of such state at the time of the export.

(2) The President shall seek to achieve adherence to the foregoing

criterion by recipient non-nuclear weapon states.

b. The criterion set forth in subsection a. shall be applied as an export

criterion with respect to any application for the export of materials,

facilities, or technology specified in subsection a. which is filed after

eighteen months from the date of enactment of this section, or for any

such application under which the first export would occur at least twentyfour months after the date of enactment of this section, except as provided

in the following paragraphs:

(1) If the Commission or the Department of Energy, as the case may

be, is notified that the President has determined that failure to approve an

export to which this subsection applies because such criterion has not yet

been met would be seriously prejudicial to the achievement of United

States non-proliferation objectives or otherwise jeopardize the common

defense and security, the license or authorization may be issued subject to

other applicable requirements of law: Provided, That no such export of

any production or utilization facility or of any source or special nuclear

material (intended for use as fuel in any production or utilization facility)

which has been licensed or authorized pursuant to this subsection shall be

made to any non-nuclear-weapon state which has failed to meet such

criterion until the first such license or authorization with respect to such

state is submitted to the Congress (together with a detailed assessment of

the reasons underlying the President's determination, the judgement of the

executive branch required under section 126 of this Act, and any

Commission opinion and views) for a period of sixty days of continuous

session (as defined in subsection 130g. of this Act) and referred to the

Committee on Foreign Affairs' 4 2 of the House of Representatives and the

Committee on Foreign Relations of the Senate, but such export shall not

"

4

'Public Law 95-242 (92 Stat. 136) (1978), section 305, added section 127.

142 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(5) struck "International Relations" and

substituted "Foreign Affairs" throughout section.

61
Congressional

disapproval,

resolution.

Export

authorizations,

congressional

review.

42 USC 2158.

Export

terminations,

criterion.

occur if during such sixty-day period the Congress adopts a concurrent

resolution stating in substance that the Congress does not favor the

proposed export. Any such license or authorization shall be considered

pursuant to the procedures set forth in section 130 of this Act for the

consideration of Presidential submissions.

(2) If the Congress adopts a resolution of disapproval pursuant to

paragraph (1), no further export of materials, facilities, or technology

specified in subsection a. shall be permitted for the remainder of that

Congress, unless such state meets the criterion or the President notifies the

Congress that he has determined that significant progress has been made

in achieving adherence to such criterion by such state or that United States

foreign policy interests dictate reconsideration and the Congress, pursuant

to the procedure of paragraph (1), does not adopt a concurrent resolution

stating in substance that it disagrees with the President's determination.

(3) If the Congress does not adopt a resolution of disapproval with

respect to a license or authorization submitted pursuant to paragraph (1),

the criterion set forth in subsection a. shall not be applied as an export

criterion with respect to exports of materials, facilities and technology

specified in subsection a. to that state: Provided, That the first license or

authorization with respect to that state which is issued pursuant to this

paragraph after twelve months from the elapse of the sixty-day period

specified in paragraph (1), and the first such license or authorization

which is issued after each twelve-month period 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 state4.

Sec. 129. Conduct Resulting In Termination Of Nuclear

Exports.

a. No nuclear materials and equipment or sensitive nuclear technology

shall be exported to-'144

(1) any non-nuclear-weapon state that is found by the President to

have, at any time after the effective date of this section,

(A) detonated a nuclear explosive device; or

(B) terminated or abrogated IAEA safeguards; or

(C) materially violated an IAEA safeguards agreement; or

(D) engaged in activities involving source or special nuclear

material and having direct significance for the manufacture or

acquisition of nuclear explosive devices, and has failed to take

steps which, in the President's judgment, represent sufficient

progress toward terminating such activities; or

(2) any nation or group of nations that is found by the President to

have, at any time after the effective date of this section,

(A) materially violated an agreement for cooperation with the

United States, or, with respect to material or equipment not

supplied under an agreement for cooperation, materially violated

the terms under which such material or equipment was supplied or

the terms of any commitments obtained with respect thereto

pursuant to section 402(a) of the Nuclear Non-Proliferation Act of

1978; or

1

4

1Public Law 95-242 (92 Stat. 137), section 306, added section 128.

'"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".

62
(B) assisted, encouraged, or induced any non-nuclear-weapon

state to engage in activities involving source or special nuclear

material and having direct significance for the manufacture or

acquisition of nuclear explosive devices, and has failed to take

steps which, in the President's judgment, represent sufficient

progress toward terminating such assistance, encouragement, or

inducement; or

(C) entered into an agreement after the date of enactment of

this section for the transfer of reprocessing equipment, materials,

or technology to the sovereign control of a non-nuclear-weapon

state except in connection with an international fuel cycle

evaluation in which the United States is a participant or pursuant to

a subsequent international agreement or understanding to which

the United States subscribes;

unless the President determines that cessation of such exports would be

seriously prejudicial to the achievement of United States non-proliferation

Report to objectives or otherwise jeopardize the common defense and security:

Congress. Provided, That prior to the effective date of any such determination, the

Infra. President's determination, together with a report containing the reasons

for his determination, shall be submitted to the Congress and referred to

the Committee on Foreign Affairs145 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, and there is enacted, a joint resolution' 46

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.'

47

b.(1) Notwithstanding any other provision of law, including

specifically section 121 of this Act, and except as provided in para-graphs

(2) and (3), no nuclear materials and equipment or sensitive nuclear

technology, including items and assistance authorized by section 57b. of

this Act and regulated under part 810 of title 10, Code of Federal

Regulations, and nuclear-related items on the Commerce Control List

maintained under part 774 of title 15 of the Code of Federal Regulations,

shall be exported or reexported, or transferred or retransferred whether

directly or indirectly, and no Federal agency shall issue any license,

approval, or authorization for the export or reexport, or transfer, or

retransfer, whether directly or indirectly, of these items or assistance (as

defined in this paragraph) to any country whose government has been

identified by the Secretary of State as engaged in state sponsorship of

terrorist activities (specifically including any country the government of

which has been determined by the Secretary of State under section

620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371 (a)),

section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.

2405(j)(1), or section 40(d) of the Arms Export Control Act (22 U.S.C.

4 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (0(5) struck "International Relations" and

substituted "Foreign Affairs" throughout section. ' Public Law 110-369 (122 Stat. 4028) (2008), section 203 struck out "Congress adopts a concurrent

resolution" and inserted "Congress adopts, and there is enacted, ajoint resolution".

'

47

Public Law 95-242 (92 Stat. 138) (1978), section 307, added section 129

63
2780(d)) to have repeatedly provided support for acts of international

terrorism).

(2) This subsection shall not apply to exports, reexports, transfers, or

retransfers of radiation monitoring technologies, surveillance equipment,

seals, cameras, tamper-indication devices, nuclear detectors, monitoring

systems, or equipment necessary to safely store, transport, or remove

hazardous materials, whether such items, services, or information are

regulated by the Department of Energy, the Department of Commerce, or

the Commission, except to the extent that such technologies, equipment,

seals, cameras, devices, detectors, or systems are available for use in the

design or construction of nuclear reactors or nuclear weapons.

(3) The President may waive the application of paragraph (1)

to a country if the President determines and certifies to Congress that

the waiver will not result in any increased risk that the country

receiving the waiver will acquire nuclear weapons, nuclear reactors, or

any materials or components of nuclear weapons and-

(A) the government of such country has not within the

preceding 12-month period willfully aided or abetted the

international proliferation of nuclear explosive devices to

individuals or groups or willfully aided and abetted an individual

or groups in acquiring unsafeguarded nuclear materials;

(B) in the judgment of the President, the government of such

country has provided adequate, verifiable assurances that it will

cease its support for acts of international terrorism;

(C) the waiver of that paragraph is in the vital national security

interest of the United States; or

(D) such a waiver is essential to prevent or respond to a

serious radiological hazard in the country receiving the waiver that

may or does threaten public health and safety.

(b) APPLICABILITY TO EXPORTS APPROVED FOR

TRANSFER BUT NOT TRANSFERRED Subsection b. of section 129 of

Atomic Energy Act of 1954, as added by subsection (a) of this section,

shall apply with respect to exports that have been approved for transfer as

of the date of the enactment of this Act but have not yet been transferred

as of that date.148

Sec. 130. Congressional Review Procedures.

a. Not later than forty-five days of continuous session of Congress

after the date of transmittal to the Congress of any submission of the

President required by subsection149 126a.(2), 126b.(2), 128b., 129,

13 la.(3), or 131 f.(1)(A) of this Act, the Committee on Foreign Relations

of the Senate and the Committee on Foreign Affairs of the House of

Representatives150 shall each submit a report to its respective House on its

views and recommendations respecting such Presidential submission

together with a resolution, as defined in subsection f., stating in substance

that the Congress approves or disapproves such submission, as the case

may be: Provided, That if any such committee has not reported such a

resolution at the end of such forty-five day period, such committee shall

be deemed to be discharged from further consideration of such

submission.'51 If no such resolution has been reported at the end of such

period, the first resolution, as defined in subsection f., which is introduced

42 USC 2158

note.

42 USC 2159.

42 USC 2121.

42 USC 2164.

Congressional

committee

reports.

14'Public Law 109-58, (119 Stat. 789), August 8, 2005, section 632(a)(1), added subsection (b). 1

49

Public Law 99-64, section 301(c)(1)(A)(i) 5

SPublic Law 99-64, section 301(c)(1)(A)(ii)

"'Public Law 99-64, section 301(c)(1)(B)

64
within five days thereafter within such House shall be placed on the

appropriate calendar of such House.

b. When the relevant committee or committees have reported such a

resolution (or have been discharged from further consideration of such a

resolution pursuant to subsection a.) or when a resolution has been

introduced and placed on the appropriate calendar pursuant to subsection

a., as the case may be, it is at any time thereafter in order (even though a

previous motion to the same effect has been disagreed to) for any Member

of the respective House to move to proceed to the consideration of the

resolution. The motion is highly privileged and is not debatable. The

motion shall not be subject to amendment, or to a motion to postpone, or

to a motion to proceed to the consideration of other business. A motion to

reconsider the vote by which the motion is agreed to or disagreed to shall

not be in order. If a motion to proceed to the consideration of the

resolution is agreed to, the resolution shall remain the unfinished business

of the respective House until disposed of.

c. Debate on the resolution, and on all debatable motions and appeals

in connection therewith, shall be limited to not more than ten hours, which

shall be divided equally between individuals favoring and individuals

opposing the resolution. A motion further to limit debate is in order and

not debatable. An amendment to a motion to postpone, or a motion to

recommit the resolution, or a motion to proceed to the consideration of

other business is not in order. A motion to reconsider the vote by which

the resolution is agreed to or disagreed to shall not be in order. No

amendment to any concurrent resolution pursuant to the procedures of this

section is in order except as provided in subsection d.

d. Immediately following (1) the conclusion of the debate on such

concurrent resolution, (2) a single quorum call at the conclusion of debate

if requested in accordance with the rules of the appropriate House, and (3)

the consideration of an amendment introduced by the Majority Leader or

his designee to insert the phrase, "does not" in lieu of the word "does" if

the resolution under consideration is a concurrent resolution of approval,

the vote on final approval of the resolution shall occur.

e. Appeals from the decisions of the Chair relating to the application

of the rules of the Senate or the House of Representatives, as the case may

be, to the procedure relating to such a resolution shall be decided without

debate.

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. (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

65
(B) the days on which either House is not in session because of

an adjournment of more than three days are excluded in the

computation of any period of time in which Congress is in

continuous session.

h. This section is enacted by Congress-

(1) as an exercise of the rulemaking power of the Senate and the

House of Representatives, respectively, and as such they are deemed a

part of the rules of each House, respectively, but applicable only with

respect to the procedure to be followed in that House in the case of

resolutions described by subsection f. of this section; and they

supersede other rules only to the extent that they are inconsistent

therewith; and

(2) With full recognition of the constitutional right of either House

to change the rules (so far as relating to the procedure of that House) at

any time, in the same manner and to the same extent as in the case of

any other rule of that House.' 52

i. (1) For the purposes of this subsection, the term "joint resolution"

means-

(A) for an agreement for cooperation pursuant to section 123 of

this Act, a joint resolution, the matter after the resolving H. R.

7081-7 clause of which is as follows: "That the Congress

(does or does not) favor the proposed agreement for cooperation

transmitted to the Congress by the President on .",_ 1

(B) for a determination under section 129 of this Act, a joint

resolution, the matter after the resolving clause of which is as

follows: "That the Congress does not favor the determination

transmitted to the Congress by the President on .", or

(C) for a subsequent arrangement under section 201 of the

United States-India Nuclear Cooperation Approval and

Nonproliferation Enhancement Act, a joint resolution, the

matter after the resolving clause of which is asfollows: "That

the Congress does not favor the subsequent arrangement to the

Agreement for Cooperation Between the Government of the

United States of America and the Government of India

Concerning Peaceful Uses of Nuclear Energy that was

transmitted to Congress by the President on September 10,

2008.", with the date' 53 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,' 54 for himself and the

"

32

Public Law 95-242 (92 Stat. 138) (1978), section 308, added section 130. 1i3 Public Law 110-369 (122 Stat. 4028) (2008), section 205 (1) struck out "means ajoint 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" and inserted

sub-sections A, B, and C. '14 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(5) struck "International Relations" and

substituted "Foreign Affairs" throughout section.

66
ranking minority member of the Committee, or by Members of the

House designated by the chairman and ranking minority member; and

shall be introduced (by request) in the Senate by the majority leader of

the Senate, for himself and the minority leader of the Senate, or by

Members of the Senate designated by the majority leader and minority

leader of the Senate. If either House is not in session on the day on

which such an agreement for cooperation is submitted, the joint

resolution shall be introduced in that House, as provided in the

preceding sentence, on the first day thereafter on which that House is

in session.

(3) All joint resolutions introduced in the House of Representatives

shall be referred to the appropriate committee or committees, and all

joint resolutions introduced in the Senate shall be referred to the

Committee on Foreign Relations and in addition, in the case of a

proposed agreement for cooperation arranged pursuant to section 91 c.,

144b., or 144c., the Committee on Armed Services.

(4) If the committee of either House to which a joint resolution has been

referred has not reported it at the end of 45 days after its introduction (or

in the case of a joint resolution related to a subsequent arrangement under

section 201 of the United States-India Nuclear Cooperation Approval and

Nonproliferation Enhancement Act, 15 days after its introduction),'55 the

committee shall be discharged from further consideration of the joint

resolution or of any other joint resolution introduced with respect to the

same matter; except that, in the case of a joint resolution which has been

referred to more than one committee, if before the end of that 45-day

period (or in the case of a joint resolution related to a subsequent

arrangement under section 201 of the United States-India Nuclear

Cooperation Approval and Nonproliferation Enhancement Act, 15-day

period)' 56 one such committee has reported the joint resolution, any

committee to which the joint resolution was referred shall be discharged

from further consideration of the joint resolution or of any other joint

resolution introduced with respect to the same matter.

(5) A joint resolution under this subsection shall be considered in

the Senate in accordance with the provisions of section 601 (b)(4) of

the International Security Assistance and Arms Export Control Act of

1976. For the purpose of expediting the consideration and passage of

joint resolutions reported or discharged pursuant to the provisions of

this subsection, it shall be in order for the committee on Rules of the

House of Representatives to present for consideration a resolution of

the House of Representatives providing procedures for the immediate

consideration of a joint resolution under this subsection which may be

similar, if applicable, to the procedures set forth in section 601 (b)(4)

of the International Security Assistance and Arms Export Control Act

of 1976.

(6) In the case of a joint resolution described in paragraph (1), if

prior to the passage by one House of a joint resolution of that House,

that House receives a joint resolution with respect to the same matter

from the other House, then-

(A) the procedure in that House shall be the same as if no joint

resolution had been received from the other House; but

t"Public Law 110-369 (122 Stat. 4028) (2008), section 205 (2)(A) inserted parenthetical information.

156 Public Law 110-369 (122 Stat. 4028) (2008), section 205 (2)(A) inserted parenthetical information.

67
(B) the vote on final passage shall be on the joint resolution of

the other House.

See. 131. Subsequent Arrangements.

a.(1) Prior to entering into any proposed subsequent arrangement

42 Usc 2160. under an agreement for cooperation (other than an agreement for

42 USC 2121. cooperation arranged pursuant to subsection 91c., 144b., or 144c. of this

Act), the Secretary of Energy shall obtain the concurrence of the Secretary 42 U SC 2164. of State and shall consult with the Commission, and the Secretary of Consultation. 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

Notice recipient of source or special nuclear material, production or utilization

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' 57 to prepare

a Nuclear Proliferation Assessment Statement pursuant to paragraph (2) of

this subsection, notice of the proposed subsequent arrangement which is

the subject of the requirement to prepare a Nuclear Proliferation

Assessment Statement158 shall not be published until after the receipt by

the Secretary of Energy of such Statement or the expiration of the 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 Secretary

Statement. of State, in consultation with such Secretary or the Commission shall

prepare an unclassified Nuclear Proliferation Assessment Statement with

regard to 'such proposed subsequent arrangement regarding the adequacy

of the safeguards and other control mechanisms and the application of the

peaceful use assurances of the relevant agreement to ensure that assistance

to be furnished pursuant to the subsequent arrangement will not be used to

Subsequent further any military or nuclear explosive purpose. For the purposes of this

arrangements. 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) involvingContracts. (A) contracts for the furnishing of nuclear materials and

equipment;

(B) approvals for the transfer, for which prior approval is

required under an agreement for cooperation, by a recipient of any

source or special nuclear material, production or utilization facility,

or nuclear technology;

(C) authorization for the distribution of nuclear materials and

equipment pursuant to this Act which is not subject to the

procedures set forth in section 11 lb., section 126, or section 109b.;

(D) arrangements for physical security;

"'Public Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "the Director declares that he intends".

'

58

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

68
(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.(l).

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 StatesReport to (I) the Secretary of Energy may not enter into any subsequent

congressional arrangement for the retransfer of any such material to a third country

committees. for reprocessing, for the reprocessing of any such material, or for the

subsequent retransfer of any plutonium in quantities greater than 500

grams resulting from the reprocessing of any such material, until he

has provided the Committee on Foreign Affairs'59 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

119 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(6)(A) struck "International Relations" and

substituted "Foreign Affairs" throughout section.

69
Nuclear

materials,

reprocessing or

transfer

procedures.

Controversial

requests,

identification.

Standards and

criteria.

Nuclear

Proliferation

Assessment

Statement.

Notice to

congressional

committees.

Presidential

waiver.

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 intraagency and inter-agency disagreements and appeals to higher authorities,

frequent meetings of inter-agency administrative coordinators to review

the status of all pending requests, and similar administrative mechanisms.

To the extent practicable, an applicant should be advised of all the

information required of the applicant for the entire process for every

agency's needs at the beginning of the process. Potentially controversial

request should be identified as quickly as possible so that any required

policy decisions or diplomatic consultations can be initiated in a timely

manner. An immediate effort should be undertaken to establish quickly

any necessary standards and criteria, including the nature of any required

assurance or evidentiary showings, for the decisions required under this

section. Further, such procedures shall specify that if he intends to

prepare a Nuclear Proliferation Assessment Statement, the Secretary of

State' 60 shall so declare in his response to the Department of Energy. If

the Secretary of State' 6' declares that he intends to prepare such a

Statement, he shall do so within sixty days of his receipt of a copy of the

proposed subsequent arrangement (during which time the Secretary of

Energy may not enter into the subsequent arrangement), unless pursuant

to the Secretary of State's162 request, the President waives the sixty-day

requirement and notifies the Committee on Foreign Affairs of the House

of Representatives and the Committee on Foreign Relations of the Senate

of such waiver and the justification therefor. The processing of any

subsequent arrangement proposed and filed as of the date of enactment of

"*Public Law 105-277 (112 Stat. 2681-775), Oct. 21, 1998, struck "Director" and added "Secretary of State". 161Public Law 105-277 (112 Stat. 2681-775), Oct. 21, 1998, struck "Director" and added "Secretary of State".

1

62

Public Law 105-277 (112 Stat. 2681-775), Oct. 21, 1998, struck "Director" and added "Secretary of State".

70
42 USC 7172.

Presidential

plan, submittal

to Congress.

Notice to

congressional

committees.

this section shall not be delayed pending the development and

establishment of procedures to implement the requirements of this section.

d. Nothing in this section is intended to prohibit, permanently or

unconditionally, the reprocessing of spent fuel owned by a foreign nation

which fuel has been supplied by the United States, to preclude the United

States from full participation in the International Nuclear Fuel cycle

Evaluation provided for in section 105 of the Nuclear Non-Proliferation

Act of 1978; to in any way limit the presentation or consideration in that

evaluation of any nuclear fuel cycle by the United States or any other

participation; nor to prejudice open and objective consideration of the

results of the evaluation.

e. Notwithstanding subsection 402(d) of the Department of Energy

Organization Act (Public Law 95-91), the Secretary of Energy, and not

the Federal Energy Regulatory Commission, shall have sole jurisdiction

within the Department of Energy over any matter arising from any

function of the Secretary of energy in this section.

f.(1) With regard to any subsequent arrangement under subsection

a.(2)(E) (for the storage or disposition of irradiated fuel elements), where

such arrangement involves a direct or indirect commitment of the United

States for the storage or other disposition, interim or permanent, of any

foreign spent nuclear fuel in the United States, the Secretary of Energy

may not enter into any such subsequent arrangement, unless:

(A)(i) Such commitment of the United States has been

submitted to the Congress for a period of sixty days of continuous

session (as defined in subsection 130g. of this act) and has been

referred to the Committee on Foreign Affairs of the House of

representatives and the Committee on Foreign Relations of the

Senate, but any such commitment shall not become effective if

during such sixty-day period the Congress adopts a concurrent

resolution stating in substance that it does not favor the

commitment, any such commitment to be considered pursuant to

the procedures set forth in section 130 of this act for the

consideration of Presidential submission; or (ii) if the President has

submitted a detailed generic plan for such disposition or storage in

the United States to the Congress for a period of sixty days of

continuous session (as defined in subsection 130g. of this Act),

which plan has been referred to the Committee on Foreign Affairs

of the House of Representatives and the Committee on Foreign

Relations of the Senate and has not been adoption of a concurrent

resolution stating in substance that Congress does not favor the

plan; and the commitment is subject to the terms of an effective

plan. any such plan shall be considered pursuant to the procedures

set forth in section 130 of this act for the consideration of

Presidential submissions:

(B) The Secretary of Energy has complied with subsection a.;

and

(C) The Secretary of Energy has complied, or in the

arrangement will comply with all other statutory requirements of

this Act, under sections 54 and 55 and any other applicable

sections, and any other requirements of law.

(2) Subsection (1) shall not apply to the storage or other

disposition in the United States of limited quantities of foreign spent

nuclear fuel if the President determines that (A) a commitment under

section 54 or 55 of this Act of the United States for storage or other

disposition of such limited quantities in the United States is required

by an emergency situation, (B) it is in the national interest to take such

immediate action, and (C) he notifies the Committees on Foreign

71
Plan, contents.

Foreign spent

nuclear fuel.

42 USC 2160b.

President of

U.S.

42 USC 2160c.

42 USC 2160.

Affairs and Science, Space, and Technology163 of the House of

Representatives and the Committees on Foreign Relations and Energy

and Natural Resources of the Senate of the determination and action,

with a detailed explanation and justification thereof, as soon as

possible.

(3) Any plan submitted by the President under subsection f.(1)

shall include a detailed discussion, with detailed information, and any

supporting documentation thereof, relating to policy objectives,

technical description, geographic information, cost data and

justifications, legal and regulatory considerations, environmental

impact information and any related international agreements,

arrangements for understandings.

(4) For the purposes of this subsection, the term "foreign spent

nuclear fuel" shall include any nuclear fuel irradiated in any nuclear

power reactor located outside of the United States and operated by any

foreign legal entity, government or non-government, regardless of the

legal ownership or other control of the fuel or the reactor and

regardless of the origin or licensing of the fuel or reactor, but not

including fuel irradiated in a research reactor.164

Sec. 132. Authorit 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. 1

65

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 5166 kilograms of uranium enriched

to more than 20 percent in the isotope 233 or the isotope 235.167

163 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(6)(B) struck "Science and Technology" and

substituted "Science, Space, and Technology".

'•Public Law 95-242 (92 Stat. 127) (1978), section 303(a), added section 131.

1

65

Public Law 992399 (100 Stat 853) (1986), section 602 added section 132.

'6Public Law 103-236 (108 Stat. 521) (1994), changed 20 kilograms to 5 kilograms. 1

67

Public Law 99-399 (100 Stat 853) (1986), section 602 added section 133.

72
42 USC 2160d.

Sec. 134. Further Restrictions On Exports.

(a). IN GENERAL168

-Except as provided in subsection b., the

Commission169 may issue a license for the export of highly enriched

uranium to be used as a fuel or target in a nuclear research or test reactor

only if, in addition to any other requirement of this Act, the Commission

determines that-

(1) there is no alternative nuclear reactor fuel or target enriched in

the isotope 235 to a lesser percent that the proposed export, that can be

used in that reactor;

(2) the proposed recipient of that uranium has provided assurances

that, whenever an alternative nuclear reactor fuel or target can be used

in that reactor, it will use that alternative in lieu of highly enriched

uranium; and

(3) the United States Government is actively developing an

alternative nuclear reactor fuel or target than can be used in that

reactor.

b. MEDICAL ISOTOPE PRODUCTION.-

(1) DEFINITIONS-In this subsection:

(A) HIGHLY ENRICHED URANIUM-The term 'highly

enriched uranium' means uranium enriched to include

concentration of U-235 above 20 percent.

(B) MEDICAL ISOTOPE-The term 'medical isotope' includes

Molybdenum 99, Iodine 131, Xenon 133, and other radioactive

materials used to produce a radiopharmaceutical for diagnostic,

therapeutic procedures or for research and development.

(C) RADIOPHARMACEUTICAL-The term 'radiopharmaceutical' means a radioactive isotope that-

(i) contains byproduct material combined with chemical or

biological material; and

(ii) is designed to accumulate temporarily in a part of the

body for therapeutic purposes or for enabling the production of

a useful image for use in a diagnosis of a medical condition.

(D) RECIPIENT COUNTRY-The term 'recipient country'

means Canada, Belgium, France, Germany, and the Netherlands.

(2) LICENSES-The Commission may issue a license authorizing

the export (including shipment to and use at intermediate and ultimate

consignees specified in the license) to a recipient country of highly

enriched uranium for medical isotope production if, in addition to any

other requirements of this Act (except subsection a.), the Commission

determines that-

(A) a recipient country that supplies an assurance letter to the

United States Government in connection with the consideration by

the Commission of the export license application has informed the

United States Government that any intermediate consignees and

the ultimate consignee specified in the application are required to

use the highly enriched uranium solely to produce medical

isotopes; and

(B) the highly enriched uranium for medical isotope production

will be irradiated only in a reactor in a recipient country that-

(i) uses an alternative nuclear reactor fuel; or

"

6

'Public 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".

'

69

Public Law 109-58 (119 Stat. 785), August 8, 2005, section 630(1) struck out "The Commission" and inserted

"Except as provided in subsection (b), the Commission".

73
(ii) is the subject of an agreement with the United States

Government to convert to an alternative nuclear reactor fuel

when alternative nuclear reactor fuel can be used in the reactor.

(3) REVIEW OF PHYSICAL PROTECTION REQUIREMENTS-

(A) IN GENERAL-The Commission shall review the

adequacy of physical protection requirements that, as of the date of

an application under paragraph (2), are applicable to the

transportation and storage of highly enriched uranium for medical

isotope production or control of residual material after irradiation

and extraction of medical isotopes.

(B) IMPOSITION OF ADDITIONAL REQUIREMENTS-If

the Commission determines that additional physical protection

requirements are necessary (including a limit on the quantity of

highly enriched uranium that may be contained in a single

shipment), the Commission shall impose such requirements as

license conditions or through other appropriate means.

(4) FIRST REPORT TO 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) low enriched uranium targets have been developed and

demonstrated for use in the reactors and target processing

facilities that produce significant quantities of medical isotopes

to serve United States needs for such isotopes;

(ii) sufficient quantities of medical isotopes are available

from low enriched uranium targets and fuel to meet United

States domestic needs; and

(iii) the average anticipated total cost increase from

production of medical isotopes in such facilities without use of

highly enriched uranium is less than 10 percent.

(C) REPORT BY THE SECRETARY-Not later than 5 years

after the .date of enactment of the Energy Policy Act of 2005, the

Secretary shall submit to Congress a report that-

(i) contains the findings of the National Academy of

Sciences made in the study under subparagraph (A); and

(ii) discloses the existence of any commitments from

commercial producers to provide domestic requirements for

medical isotopes without use of highly enriched uranium

consistent with the feasibility criteria described in

subparagraph (B) not later than the date that is 4 years after the

date of submission of the report.

74
(5) SECOND REPORT TO CONGRESS-If the study of the

National Academy of Sciences determines under paragraph (4)(A)(i)

that the procurement of supplies of medical isotopes from commercial

sources that do not use highly enriched uranium is feasible, but the

Secretary is unable to report the existence of commitments under

paragraph (4)(C)(ii), not later than the date that is 6 years after the date

of enactment of the Energy Policy Act of 2005, the Secretary shall

submit to Congress a report that describes options for developing

domestic supplies of medical isotopes in quantities that are adequate to

meet domestic demand without the use of highly enriched uranium

* consistent with the cost increase described in paragraph (4)(B)(iii).

(6) CERTIFICATION-At such time as commercial facilities that

do not use highly enriched uranium are capable of meeting domestic

requirements for medical isotopes, within the cost increase described

in paragraph (4)(B)(iii) and without impairing the reliable supply of

medical isotopes for domestic utilization, the Secretary shall submit to

Congress a certification to that effect.

(7) SUNSET PROVISION-After the Secretary submits a

certification under paragraph (6), the Commission shall, by rule,

terminate its review of export license applications under this

subsection. 1

70

c. As used in this section 171-

(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. 172

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.

17

°Public Law 109-58, (119 Stat. 785), August 8, 2005, section 630(2), (3), added subsection (b) and

redesignated former subsection "b." as subsection "c.".

•'7 Public Law 109I58, (119 Stat. 785), August 8, 2005, section 630(2), redesignated former subsection '"." as

subsection "c.".

.

72

Public Law 102-486 (106 Stat 2945), added new section 134.

75
42 USC 2161.

Policy.

42 USC 2162.

Classification

and

declassification

of restricted

data.

50 USC 406(d).

(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

(B) subsequent retransfers of such material within EURATOM,

without regard to the extent of United States control over such

retransfers.'73

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

'ePublic Law 103-160 (107 Stat 1959 ), Nov. 30, 1993, Div C., Title XXXII, section 3202(a)(2), added.

76
42 USC 2163.

Department of

Defense

participation.

42 USC 2164.

International

cooperation.

Cooperation by

Defense

Department.

pursuant to an agreement for cooperation entered into in accordance with

subsection b. or d. of section 144.174

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.175 and 145c.176 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

with section 123, or is undertaken7pursuant to an agreement existing

on the effective date of this Act. 17

b. The President may authorize the Department of Defense, with the

assistance of the Commission, to cooperate with another nation or with a

regional defense organization to which the United States is a party, and to

communicate to that nation or organization such Restricted Data

(including design information) as is necessary to-

""Public Law 103-337 (108 Stat. 3092) (1994)

'

75

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". 1 6

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."

P77Public 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.

77
(1) the development of defense plans;

(2) the training of personnel in the employment of and defense

against atomic weapons and other military applications of atomic

energy;

(3) the evaluation of the capabilities of potential enemies in the

employment of atomic weapons and other military applications of

atomic energy; and

(4) the development of compatible delivery systems for atomic

weapons;

whenever the President determines that the proposed cooperation and the

proposed communication of the Restricted Data will promote and will not

constitute an unreasonable risk to the common defense and security, while

such other nation or organization is participating with the United States

pursuant to an international arrangement by substantial and material

contributions to the mutual defense and security: Provided, however,

That the cooperation is undertaken pursuant to an agreement entered into

accordance with section 123.178

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

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."179

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

'

78

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.

'

79

public Law 103-337 (108 Stat. 3091), October 5, 1994, added new subsection "d."

78
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. 1

80

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.

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

42 USC 2165.

Restrictions.

Investigations

by CSC.

1

80

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."]

79
Investigations

by FBI.

Commission may accept an investigation and report on the character,

associations, and loyalty of an individual made by another Government

agency which conducts personnel security investigations, provided that a

security clearance has been granted to such individual by another

Government agency based on such investigation and report.

d. In the event an investigation made pursuant to subsections a. and b.

of this section develops any data reflecting that the individual who is the

subject of the investigation is of questionable loyalty, the Civil Service

Commission shall refer the matter to the Federal Bureau of Investigation

for the conduct of a full field investigation, the results of which shall be

furnished to the Civil Service commission for its information and

appropriate action.

e. (1) If the President deems it to be in the national interest he may

from time to time determine that investigations of any group or class

which are required by subsections (a), (b), and (c) of this section be made

by the Federal Bureau of Investigation.

(2) In the case of an individual employed in a program known as a

Special Access Program,181 any investigation required by subsections a.,

b., and c. of this section shall be made by the Federal Bureau of

Investigation. 1

8 2

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

(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

83

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

...Public Law 108-136 (117 Stat. 1749), Nov. 24, 2003, Div. C, title XXXI, section 3131, 1

82

Public Law 106-65 (113 Stat. 934), Oct. 5, 1999, Div. C, title XXXI, Subtitle D, sec. 3144(a).

.

83

Public Law 108-136 (117 Stat. 1749), Nov. 24,2003, Div. C, title XXXI, section 3131.

80
42 USC 2166.

General

Provisions.

42 USC 2167.

Regulations.

Commission finds that such action is required to prevent impairment of its

activities in furtherance of the common defense and security.184

Sec. 146. General Provisions.

a. Sections 141 to 145, inclusive, shall not exclude the applicable

provisions of any other laws, except that no Government agency shall take

any action under such other laws inconsistent with the provisions of those

sections.

b. The Commission shall have no power to control or restrict the

dissemination of information other than as granted by this or any other

law.

Sec. 147. Safeguards Information.

a. In addition to any other authority or requirement regarding

protection from disclosure of information, and subject to subsection (b)(3)

of section 552 of title 5 of the United States Code, the Commission shall

prescribe such regulations, after notice and opportunity for public

comment, or issue such orders, as necessary to prohibit the unauthorized

disclosure of safeguards information which specifically identifies a

licensee's or applicant's detailed-

'

84

Public 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", "f", and

"g." Before amendment, the section read as follows:

Sec. 145. Restrictions.-

a. No arrangement shall be made under section 31, no contract shall be made or continued in effect

under section 41, and no license shall be issued under section 103 or 104, unless the person with whom

such arrangement is made, the contractor or prospective contractor, or the prospective licensee agrees in

writing not to permit any individual to have access to Restricted Data until the Civil Service Commission

shall have made an investigation and report to the Commission on the character, associations, and loyalty

of such individual and the Commission shall have determined that permitting such person to have access to

Restricted Data will not endanger the common defense security.

b. Except as authorized by the Commission or the General Manager upon a determination by the

Commission or General Manager that such action is clearly consistent with the national interest, no

individual shall be employed by the Commission nor shall the Commission permit any individual to have

access to Restricted Data until the Civil Service Commission shall have made an investigation and report to

the Commission on the character, associations, and loyalty of such individual, and the Commission shall

have determined that permitting such person to have access to Restricted Data will not endanger the

common defense and security.

c. In the event an investigation made pursuant to subsections a. and b. of this section develops any

data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the Civil

Service Commission shall refer the matter to the Federal Bureau of Investigation of the conduct of a full

field investigation, the results of which shall be furnished to the Civil Service Commission for its

information and appropriate action.

d. If the President deems it to be in the national interest, he may from time to time cause investigations

of any group or class which are required by subsections a. and b. of this section to be made by the Federal

bureau of Investigation instead of by the Civil Service Commission.

e. Notwithstanding the provisions of subsections a. and b. of this section, a majority of the members of

the Commission shall certify those specific positions which are of a high degree of importance or

sensitivity and upon such certification the investigation and reports required by such provisions shall be

made by the Federal Bureau of Investigation instead of by the Civil Service Commission.

f. The Commission shall establish standards and specifications in writing as to the scope and extent of

investigations to be made by the Civil Service Commission pursuant to subsections a. and b. of this section.

Such standards and specifications shall be based on the location and class or kind of work to be done, and

shall, among other considerations, take into account the degree of importance to the common defense and

security of the Restricted Data to which access will be permitted.

g. Whenever the Congress declares that a state of war exists, or in the event of a national disaster due

to enemy attack, the Commission is authorized during the state of war or period of national disaster due to

enemy attack to employ individuals and to permit individual access to Restricted Data pending the

investigation report, and determination required by section 145b., to the extent that and so long as the

Commission finds that such action is required to prevent impairment of its activities in furtherance of the

common defense and security.

81
(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.

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

42 USC 2282. 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.

42 USC 2273. 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 161 b. of this Act.

c. Any determination by the Commission concerning the applicability

of this section shall be subject to judicial review pursuant to subsection

(a)(4)(B) of section 552 of title 5 of the United States Code.

d. Upon prescribing or issuing any regulation or order under

subsection a. of this section, the Commission shall submit to Congress a

report that:

(1) specifically identifies the type of information the Commission

intends to protect from disclosure under the regulation or order;

(2) specifically states the Commission's justification for

determining that unauthorized disclosure of the information to be

protected from disclosure under the regulation or order could

reasonably be expected to have a significant adverse effect on the

health and safety of the public or the common defense and security by

significantly increasing the likelihood of theft, diversion, or sabotage

of such material or such facility, as specified under subsection (a) of

this section; and

82
(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:18 5

(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

amount of information necessary to protect the health and safety of the

public or the common defense and security. 1

86

Sec. 148. Prohibition Against The Dissemination Of

Certain Unclassified Information.

a. 187 (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,188) shall prescribe such regulations, after

notice and opportunity for public comment thereon, or issue such orders

as may be necessary to prohibit the unauthorized dissemination of

unclassified information pertaining to-

(A) the design of production facilities or utilization facilities;

(B) security measures (including security plans, procedures,

and equipment) for the physical protection of (i) production or

utilization facilities, (ii) nuclear material contained in such

facilities, or (iii) nuclear material in transit; or

(C) the design, manufacture, or utilization of any atomic

weapon or component if the design, manufacture, or utilization of

such weapon or component was contained in any information

declassified or removed from the Restricted Data category by the

Secretary (or the head of the predecessor agency of the Department

of Energy) pursuant to section 142.

(2) The Secretary may prescribe regulations or issue orders under

paragraph (1) to prohibit the dissemination of any information

described in such paragraph only if and to the extent that the Secretary

determines that the unauthorized dissemination of such information

could reasonably be expected to have a significant adverse effect on

42 USC 2168.

Regulations.

42 USC 2162.

1

85

NOTE: 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. 116

Public Law 96-295 (94 Stat. 788) (1980), section 207(a)(1), added new section 147. 1

87

public Law 97-90 (95 Stat. 1163) (198 1), section 210(a)(1), added new section 148.

"' 8 Public Law 97-415 (96 Stat. 2067) (1983), section 17 inserted in section 148a.(I) after "Secretary" the words

"with respect to atomic energy defense programs."

83
Penalties.

42 USC 2282.

42 USC 2273.

Judicial review.

Quarterly

report.

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

by significantly increasing the likelihood of (A) illegal production of

nuclear weapons, or (B) theft, diversion, or sabotage of nuclear

materials, equipment, or facilities.

(3) In making a determination under paragraph (2), the Secretary

may consider what the likelihood of an illegal production, theft,

diversion, or sabotage referred to in such paragraph would be if the

information proposed to be prohibited from dissemination under this

section were at no time available for dissemination.

(4) The Secretary shall exercise his authority under this subsection

to prohibit the dissemination of any information described in

subsection a.( 1)-

(A) so as to apply the minimum restrictions needed to protect

the health and safety of the public or the common defense and

security; and

(B) upon a determination that the unauthorized dissemination

of such information could reasonably be expected to result in a

significant adverse effect on the health and safety of the public or

the common defense and security by significantly increasing the

likelihood of (i) illegal production of nuclear weapons, or (ii) theft,

diversion, or sabotage of nuclear materials, equipment, or facilities.

(5) Nothing in this section shall be construed to authorize the

Secretary to authorize the withholding of information from the

appropriate committees of the Congress.

b. (1) Any person who violates any regulation or order of the Secretary

issued under this section with respect to the unauthorized dissemination of

information shall be subject to a civil penalty, to be imposed by the

Secretary, of not to exceed $100,000 for each such violation. The

Secretary may compromise, mitigate, or remit any penalty imposed under

this subsection.

(2) The provisions of subsections b. and c. of section 234 of this

Act shall be applicable with respect to the imposition of civil penalties

by the Secretary under this section in the same manner that such

provisions are applicable to the imposition of civil penalties by the

Commission under subsection a. of such section.

c. For the purposes of section 223 of this Act, any regulation

prescribed or order issued by the Secretary under this section shall also be

deemed to be prescribed or issued under section 161 b. of this Act.

d. Any determination by the Secretary concerning the applicability of

this section shall be subject to judicial review pursuant to section

552(a)(4)(B) of title 5, United States Code.

e. The Secretary shall prepare on a quarterly basis a report to be made

available upon the request of any interested person, detailing the

Secretary's application during that period of each regulation or order

prescribed or issued under this section. In particular, such report shall-

(1) identify any information protected from disclosure pursuant to

such regulation or order;

(2) specifically state the Secretary's justification for determining

that unauthorized dissemination of the information protected from

disclosure under such regulation or order could reasonably be

expected to have a significant adverse effect on the health and safety

of the public or the common defense and security by significantly

increasing the likelihood of illegal production of nuclear weapons, or

theft, diversion, or sabotage of nuclear materials, equipment, or

facilities, as specified under subsection a.; and

(3) provide justification that the Secretary has applied such

regulation or order so as to protect from disclosure only the minimum

84
42 USC 2169.

Notification.

amount of information necessary to protect the health and safety of the

public or the common defense and security.189

Sec. 149. Fingerprinting For Criminal History Record

Checks.

a.(l)(A)(i)' 90 The Commission shall require each individual or entity

described in clause (ii) to fingerprint each individual described in

subparagraph (B) before the individual described in subparagraph (B) is

permitted access under subparagraph (B).

(ii) The individuals and entities referred to in clause (i) are

individuals and entities that, on or before the date on which an

individual is permitted access under subparagraph (B)-

(I) are licensed or certified to engage in an activity subject

to regulation by the Commission;

(II) have filed an application for a license or certificate to

engage in an activity subject to regulation by the Commission;

or

(III) have notified the Commission in writing of an intent to

file an application for licensing, certification, permitting, or

approval of a product or activity subject to regulation by the

Commission.

(B) The Commission shall require to be fingerprinted any

individual who-

(i) is permitted unescorted access to-

(I) a utilization facility; or

(II) radioactive material or other property subject to

regulation by the Commission that the Commission

determines to be of such significance to the public health

and safety or the common defense and security as to

warrant fingerprinting and background checks; or

(ii) is permitted access to safeguards information under section

147;

(2) All fingerprints obtained by an individual or entity as required

in paragraph (1) shall be submitted to the Attorney General of the

'"Public Law 97-415 (96 Stat. 2067) (1983) section 17 added new subsec. "d" and "e" to section 148.

'0o 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 utilization facility under section 2133 or 2134(b)

of this title to fingerprint each individual who is permitted unescorted access to the facility or is permitted

access to safeguards information under section 2167 of this title. All fingerprints obtained by a licensee or

applicant as required in the preceding sentence shall be submitted to the Attorney General of the United

States through the Commission for identification and a criminal history records check. The costs of any

identification and records check conducted pursuant to the preceding sentence shall be paid by the licensee

or applicant. Notwithstanding any other provision of law, the Attorney General may provide all the results

of the search to the Commission, and, in accordance with regulations prescribed under this section, the

Commission may provide such results to the licensee or applicant submitting such fingerprints."

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 (c)(2)(B) struck out

unescorted access to the facility of a licensee or applicant" and inserted unescorted access to a utilization

facility, radioactive material, or other property described in subsection(a)(I XB) of this section".

Public Law 109-58 (119 Stat. 810), section 652(3), (4); August 8, 2005; subsection (d) was redesignated 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).

85
United States through the Commission for identification and a

criminal history records check.

(3) The costs of an identification or records check under paragraph

(2) shall be paid by the individual or entity required to conduct the

fingerprinting under paragraph (1)(A).

(4) Notwithstanding any other provision of law-

(A) the Attorney General may provide any result of an

identification or records check under paragraph (2) to the

Commission; and

(B) the Commission, in accordance with regulations prescribed

under this section, may provide the results to the individual or

entity required to conduct the fingerprinting under paragraph

(1)(A). by rule, may relieve

Health and b. The Commission,

medical care. persons from the obligations imposed by this section, under specified

Safety. 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.

Regulations. 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;

42 USC 2168. (B) to ensure that such information is used solely for the

purpose of determining whether an individual shall be permitted

unescorted access to a utilization facility, radioactive material, or

other property described in subsection a.(1)(B) or shall be

permitted access to safeguards information under section 147;

(C) to ensure that no final determination may be made solely

on the basis of information provided under this section involving-

(i) an arrest more than 1 year old for which there is no

information of the disposition of the case; or

(ii) an arrest that resulted in dismissal of the charge or an

acquittal; and

(D) to protect individuals subject to fingerprinting under this

section from misuse of the criminal history records; and

(3) to provide each individual subject to fingerprinting under this

section with the right to complete, correct, and explain information

contained in the criminal history records prior to any final adverse

determination.

d. The Commission may require a person or individual to conduct

fingerprinting under subsection a.(1) by authorizing or requiring the use of

any alternative biometric method for identification that has been approved

by-

(1) the Attorney General; and

(2) the Commission, by regulation.

e. (1) The Commission may establish and collect fees to process

fingerprints and criminal history records under this section.

(2) Notwithstanding section 3302(b) of title 31, United States

Code, and to the extent approved in appropriation Acts-

(A) a portion of the amounts collected under this subsection in

any fiscal year may be retained and used by the Commission to

carry out this section; and

(B) the remaining portion of the amounts collected under this

subsection in such fiscal year may be transferred periodically to the

86
42 USC 2181.

Inventions

relating to

atomic

weapons.

Inventions

reports.

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. 191

Chapter 13-Patents And Inventions

See. 151. Inventions Relating To Atomic Weapons, And

Filing Of Reports.

a.' No patent shall hereafter be granted for any invention or

discovery which is useful solely in the utilization of special nuclear

material or atomic energy in an atomic weapon. Any patent granted for

any such invention or discovery is hereby revoked, and just compensation

shall be made therefor.

b. No patent hereafter granted shall confer any rights with respect to

any invention or discovery to the extent that such invention or discovery

is used in the utilization of special nuclear material or atomic energy in

atomic weapons. Any rights conferred by any patent heretofore granted

for any invention or discovery are hereby revoked to the extent that such

invention or discovery is so used, and just compensation shall be made

therefor.

c. Any person who has made or hereafter makes any invention or

discovery useful in the production or utilization of special nuclear material

or atomic energy, shall file with the Commission a report containing a

complete description thereof unless such invention or discovery is

described in an application for a patent filed with the Under Secretary of

Commerce for Intellectual Property and Director of the United States

Patent and Trademark Office' by such person within the time required

for the filing of such report. The report covering any such invention or

discovery shall be filed on or before the one hundred and eightieth day

after such person first discovers or first has reason to believe that such

invention or discovery is useful in such production or utilization.194

"d. The Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office' 95 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 15 1 c., and shall provide the Commission access

to all such applications.

'9' Public Law 99-399 (100 Stat. 853) (1986), section 606 added section 149, which has been amended by

Public Law 109-58 (119 Stat. 810) section 652.

'

92

Public Law 87-206 (75 Stat. 475) (1961), section 7, changed the title of this section. The title prior to

amendment was "Military Utilization." 193

As amended by Public Law 106-113 (113 Stat 1536), November 29, 1999, Division B, section 1000(aX9).

' 4Public Law 87-206 (75 Stat. 475) (1961), section 8, amended section 151c. Before amendment, section 151c

read as follows:

c. Any person who has made or hereafter makes any invention or discovery useful (1) in the production

or utilization of special nuclear material or atomic energy; (2) in the utilization of special nuclear material

in an atomic weapon; or (3) in the utilization of atomic energy in an atomic weapon, shall file with the

Commission a report containing a complete description thereof unless such invention or discovery is

described in an application for a patent filed with the Commission of Patents by such person within the

time required for the filing of such report. The report covering any such invention or discovery shall be

filed on or before whichever of the following is the later either the ninetieth day after completion of such

invention or discovery; or the ninetieth day after such person first discovers or first has reason to believe

that such invention or discovery is useful in such production or utilization.

'•As amended by Public Law 106-113 (113 Stat 1536), November 29, 1999., Division B, section 1000(a)(9).

87
42 USC 2182.

Invention

conceived

during

Commission

contracts.

"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.196

Sec. 152. Inventions Made Or Conceived During

Commission Contracts.

Any invention or discovery, useful in the production or utilization of

special nuclear material or atomic energy, made or conceived in the

course of or under any contract, subcontract, or arrangement entered into

with or for the benefit of the Commission, regardless of whether the

contract, subcontract, or arrangement involved the expenditure of funds

by the Commission, shall be vested in, and be the property of, the

Commission, except that the Commission may waive its claim to any such

invention or discovery under such circumstances as the Commission may

deem appropriate, consistent with the policy of this section. No patent for

any invention or discovery, useful in the production or utilization of

special nuclear material or atomic energy, shall be issued unless the

applicant files with the application, or within thirty days after request

therefor by the Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark 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' 97 forward copies of the application and the

statement to the Commission.

The Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office may proceed

with the application and issue the patent to the applicant (if the invention

or discovery is otherwise patentable) unless the Commission, within 90

days after receipt of copies of the application and statement, directs the

Under Secretary of Commerce for Intellectual Property and Director of

the United States Patent and Trademark Office to issue the patents to the

Commission (if the invention or discovery is otherwise patentable) to be

held by the Commission as the agent of and on behalf of the United

States.

If the Commission files such a direction with the Under Secretary of

Commerce for Intellectual Property and Director of the United States

Patent and Trademark Office, and if the applicant's statement claims, and

the applicant still believes, that the invention or discovery was not made

or conceived in the course of or under any contract, subcontract or

'96Public Law 87-206 (75 Stat. 475) (1961) section 9, added subsec. e.

197Amended by Public Law 87-615 (76 Stat. 409) (1962), section 11. Prior to amendment word was "allowances."

88
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.19 8

198

Public Law 87-206 (75 Stat. 475) (1961), section 10, amended section 152. Before amendment this section

read as follows:

Sec. 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 for any invention or discovery, useful in the production or

utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the

application, or within 30 days after request therefor by the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark Office, a statement under oath setting

forth the full facts surrounding the making or conception of the invention or discovery described in the

application and whether the invention or discovery was made or conceived in the course of, in connection

with or under the terms of any contract, subcontract, arrangement, or other relationship with the

Commission, regardless of whether the contract or agreement involved the expenditure of funds by the

Commission. The Under Secretary of Commerce for Intellectual Property and Director of the United States

Patent and Trademark Office shall forthwith forward copies of the application and the statement to the

Commission.

The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent

and Trademark Office may proceed with the application and issue the patent to the applicant (if the

invention or discovery is otherwise patentable) unless the Commission, within 90 days after receipt of

copies of the application and statement, directs the Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office to issue the patent to the Commission (if the

invention or discovery is otherwise patentable) to be held by the Commission as the agent of and on behalf

of the United States.

If the Commission files such a direction with the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent 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

89
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

(4) whose activities or proposed activities are authorized under

section 31, may at any time make application to the Commission for a

patent license for the use of an invention or discovery useful in the

production or utilization of special nuclear material or atomic energy

covered by a patent. Each such application shall set forth the nature

and purpose of the use which the applicant intends to make of the

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.-

relationship with the Commission entitling. the Commission to take title to the application or the patent the

applicant may, within 30 days after notification of the filing of such a direction, request a hearing before a

Board of Patents Interferences. The Boards shall have the power to hear and determine whether the

Commission was entitled to the direction filed with the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark Office. The Board shall follow the rules

and procedures established for interference cases and procedures established an appeal may be taken by

either the applicant or the Commission from the final order of the Board to the Court of Customs and Patent

Appeals in accordance with the procedures governing the appeals from the Board of Patent Interferences

(amended by 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.

90
(1) the Commission, within 30 days after the filing of such

application, shall make available to the owner of the patent all of the

information contained in such application, and shall notify the owner

of the patent of the time and place at which a hearing will be held by

the Commission;

(2) the Commission shall hold a hearing within 60 days after the

filing of such application at a time and place designated by the

Commission; and

(3) in the event an applicant applies for two or more patent

licenses, the Commission may, in it discretion, order the consolidation

of such applications, and if the patents are owned by more than one

owner, such owners may be made parties to one hearing.

e. If, after any hearing conducted pursuant to subsection 153d, the

Commission finds that-

(1) the invention or discovery covered by the patent is of primary

importance in the production or utilization of special nuclear material

atomic energy;

(2) the licensing of such invention or discovery is of primary

importance to the conduct of the activities of the applicant;

(3) the activities to which the patent license are proposed to be

applied by such applicant are of primary importance to the furtherance

of policies and purposes of this Act; and

(4) such applicant cannot otherwise obtain a patent license from

the owner of the patent on terms which the Commission deems to be

reasonable for the intended use of the patent to be made by such

applicant, the Commission shall license the applicant to use the

invention or discovery covered by the patent for the purposes stated in

such application on terms deemed equitable by the Commission and

generally not less fair than those granted by the patents or by the

Commission to similar licensees for comparable use.

f. The Commission shall not grant any patent license pursuant to

subsection 153e. for any other purpose than that stated in the application.

Nor shall the Commission grant any patent license to any other applicant

for a patent license on the same patent without an application being made

by such applicant pursuant to subsection 153c., and without separate

notification and hearing as provided in subsection 153d., and without a

separate finding as provided in subsection 153e.

g. The owner of the patent affected by a declaration or a finding made

by the Commission pursuant to subsection 153b. or 153e. shall be entitled

to a reasonable royalty fee from the licensee for any use of an invention or

discovery licensed by the section. Such royalty fee may be agreed upon by

such owner and the patent licensee, or in the absence of such agreement

shall be determined for each patent license by the Commission pursuant to

subsection 157c.

h. The provisions of this section shall apply to any patent the

application for which shall have been filed before September 1, 1979.199

'"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 Sept. 1, 1974 to Sept. 1, 1979.

91
42 USC 2184.

Injunctions.

42 USC 2185.

Prior art.

42 USC 2186.

Commission

patent licenses.

42 USC 2187.

Compensation,

awards, and

royalties.

Eligibility.

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 200 declared to be affected with

the public interest pursuant to subsection 153a. Such a patent license shall

not waive any of the other provisions of this Act.

Sec. 157. Compensation, Awards, And Royalties.

a. Patent Compensation Board.-The Commission shall designate a

patent Compensation Board to consider applications under this section.

The members of the Board shall receive a per diem compensation for each

day spent in meetings or conferences, and all members shall receive their

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

Board. The members of the Board may serve as such without regard to the

provisions of section 281, 283, or 284 of title 18 20J of the United States

Code, except in so far as such sections may prohibit any such member

from receiving compensation in respect of any particular matter which

directly involves the Commission or in which the Commission is directly

interested.

b. Eligibility.-

(1) Any owner of a patent licensed under section 158 or subsection

153b. or 153e., or any patent licensed thereunder may make

application to the Commission for the determination of a reasonable

royalty fee in accordance with such procedures as the Commission by

regulation may establish.

(2) Any person seeking to obtain the just compensation provided in

section 151 shall make application therefor to the Commission in

accordance with such procedures as the Commission may by

regulation establish. . (3) Any person making any invention or discovery useful in the

production or utilization of special nuclear material or atomic energy,

who is not entitled to compensation or a royalty therefor under this Act

and who has complied with the provisions of section 151 c. hereof may

make application to the Commission for, and the Commission may

2

°Public Law 96-517 (94 Stat. 3027) (1980), section 7(a), amended section 156 by deleting the words "held by

the Commission or." 201 These sections have been repealed.

92
Standards.

42 USC 2188.

Monopolistic

use of patents.

42 USC 2189.

Federally

financed

research.

42 USC 2190.

Saving clause.

grant, an award. The Commission may also, after consultation with202

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.2 °

3

Sec. 158. Monopolistic Use Of Patents.

Whenever the owner of any patent hereafter granter for any invention

or discovery or primary use in the utilization or production of special

nuclear material or atomic energy is found by a court of competent

jurisdiction to have intentionally used such patent in a manner so as to

violate any of the antitrust laws specified in subsection 105a., there may

be included in the judgement of the court, in its discretion and in addition

to any other lawful sanction, a requirement that such owner license such

patent to any other licensee of the Commission who demonstrates a need

therefor. If the court, at its discretion, deems that such licensee shall pay a

reasonable royalty to the owner of the patent, the reasonable royalty shall

be determined in accordance with section 157.

See. 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 I(a)(1), 1 I(a)(2), or 11 (b) of the

Atomic Energy Act of 1946,205 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

202 Public 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." 2

°

3

Public Law 87-206 (75 Stat. 475) (1961), section 11, added subsection 4. 2

"The 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. 20 S5ee Atomic Energy Act of 1946, appendix 4, infra, section 11.

93
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 a. establish advisory boards to advise with and make recommendations

provisions, 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;°6

c. make such studies and investigations, obtain such information, and

hold such meetings or hearings as the Commission may deem necessary

or proper to assist it in exercising any authority provided in this Act, or in

the administration or enforcement of this Act, or any regulations or orders

issued thereunder. For such purposes the Commission is authorized to

administer oaths and affirmations, and by subpoena to require any person

to appear and testify or appear and produce documents, or both, at any

designated place. Witnesses subpoenaed under this subsection shall be

paid the same fees and mileage as are paid witnesses in the district courts

of the United States; 20 7

d. appoint and fix the compensation of such officers and employees as

may be necessary to carry out the functions of the Commission. Such

officers and employees shall be appointed in accordance with the civilservice laws and their compensation fixed in accordance with the

5 USC 5101. Classification Act of 1949, as amended, except that, to the extent the

Commission deems such action necessary to the discharge of its

responsibilities, personnel may be employed and their compensation fixed

without regard to such laws: Provided, however, That no officer or

employee (except such officers and employees whose compensation is

fixed by law, and scientific and technical personnel up to a limit of the

highest rate of grade 18 of the General Schedule of the Classification Act

of 1949, as amended)20 8 whose position would be subject to the

206Public Law 101-575 (104 Stat. 2835)(1990), Amended section 161b. 207

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 excused from complying with any requirements under this paragraph because of his

privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of

February 11, 1893, shall apply with respect to any individual who specifically claims such privilege. 2

""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.

94
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.20 9

The Commission shall make adequate provision for administrative review

of any determination to dismiss any employee;

e. acquire such material, property, equipment, and facilities, establish

or construct such buildings and facilities, and modify such buildings and

facilities from time to time, as it may deem necessary, and construct,

acquire, provide, or arrange for such facilities and services (at project sites

where such facilities and services are not available) for the housing,

health, safety, welfare, and recreation of personnel employed by the

Commission as it may deem necessary, subject to the provisions of

section 174: Provided, however, That in the communities owned by the

Commission, the Commission is authorized to grant privileges, leases and

permits upon adjusted terms which (at the time of the initial grant of any

privilege, grant, lease, or permit, or renewal thereof, or in order to avoid

inequities or undue hardship prior to the sale by the United States of

property affected by such grant)210 are fair and reasonable to responsible

persons to operate commercial businesses without advertising and without

advertising (sic) and without securing competitive bids, but taking into

consideration, in addition to the price, and among other things (1) the

quality and type of services required by the residents of the community,

(2) the experience of each concession applicant in the community and its

surrounding area, (3) the ability of the concession applicant to meet the

needs of the community, and (4) the contribution the concession applicant

has made or will make to the other activities and general welfare of the

community; 2 "

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,2 1 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

2

°9Public Law 85-681 (72 Stat. 633) (1958), section -- amended subsec. 161d. by inserting this sentence. 2

""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. 211

Public Law 84-722 (70 Stat. 553) (1956), amended section 161e. by adding the proviso clause. 212

'The text of Executive Order 9816, providing for the transfer of properties and personnel of the Manhattan

Engineer District to the Atomic Energy Commission on January 1, 1947, will be found in appendix 8, infra.

95
40 USC 47 1.

40 USC 488

note.

42 USC 2201(K).

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,213

(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, 214

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 161 m. 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

2

" 3Section 7 of Public Law 93-377 (88 Stat. 475) (1974), amended subsection 161i. by adding the phrase

beginning with the word "including" and ending with the word "security" the second time it appears thereafter.

"'Public 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".

96
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;

m. 216 enter into agreements with persons licensed under section 103,

104, 53a.(4), or 63a.(4) 217 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.215 delegate to the General Manager or other officers of the

Commission any of those functions assigned to it under this Act except

215

Public Law 99-661 (100 Stat. 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.

216

public Law 87-456 (76 Stat. 72) (1962), section 303(c), the Tariff Classification Act of 1962, repealed section

161 1, 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 161 1, read as follows:

1. 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. 2

"'Public Law 86-300 (73 Stat. 574) (1959), section 1, amended subsection 161m. to authorize agreements with

Fersons 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 161n., 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 (1) not more than one per centrmm 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.

97
Easements for

rights-of-way.

those specified in sections 51, 57b.,219 61,220 108, 123, 145b. (with respect

to the determination of those persons to whom the Commission may

reveal Restricted Data in the national interest), 145f.,221 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.

222

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.

2t

"Public Law 90-190 (81 Stat. 575) (1967), section 11, amended section 161n. by striking out "57a.(3)" and

inserting in lieu thereof "57b." 22

.Public 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)". 221

Amended by Public Law 87-615 (76 Stat. 409) (1962), section 12. Prior to amendment reference was to 145e, 222Public Law 84-1006 (70 Stat. 1069), section 4, added subsection q. (originally subsection r.).

98
Succession of

authority.

Processing

contracts.

Long term

contract

authority.

(8) Mechanical refrigeration.

(9) Telephone service.

Proceeds of sales under this subsection shall be credited to the

appropriation currently available for the supply of that utility or service.

To meet local needs the Commission may make minor expansions and

extensions of any distributing system or facility within or in the

immediate vicinity of a Commission-owned community through which a

utility or service is furnished under this subsection.223

s. establish a plan for a succession of authority which will assure the

community of direction of the Commission's operations in the event of a

national disaster due to enemy activity. Notwithstanding any other

provision of this Act, the person or persons succeeding to command in the

event of disaster in accordance with the plan established pursuant to this

subsection shall be vested with all of the authority of the Commission:

Provided, That any such succession to authority, and vesting of authority

shall be effective only in the event and as long as a quorum of three or

more members of the Commission is unable to convene and exercise

direction during the disaster period: Provided further, That the disaster

period includes the period when attack on the United States is imminent

and the post-attack period necessary to reestablish normal lines of

command;

224

t. enter into contracts for the processing, fabricating, separating, or

refining in facilities owned by the Commission of source, byproduct or

other material, or special nuclear material, in accordance with and within

the period of an agreement for cooperation while comparable services are

available to persons licensed under section 103 or 104: Provided, That the

prices for services under such contracts shall be no less than the prices

currently charged by the Commission pursuant to section 161 in.;

u. (1) enter into contracts for such periods of time as the Commission

may deem necessary or desirable, but not to exceed five years from the

date of execution of the contract, for the purchase or acquisition of reactor

services or services related to or required by the operation of reactors;

(2) (A) enter into contracts for such periods of time as the

Commission may deem necessary or desirable for the purchase or

acquisition of any supplies, equipment, materials, or services required

by the Commission whenever the Commission determines that: (i) it is

advantageous to the Government to make such purchase or acquisition

from commercial sources; (ii) the furnishing of such supplies,

equipment, materials, or services will require the construction or

acquisition of special facilities by the vendors or supplies thereof; (iii)

the amortization chargeable to the Commission constitutes an

appreciable portion of the cost of contract performance, excluding cost

of materials; and (iv) the contract fgr such period is more

advantageous to the Government than a similar contract not executed

under the authority of this subsection. Such contracts shall be entered

into for periods not to exceed five years each from the date of initial

delivery of such supplies, equipment, materials, or services or ten

years from the date of execution of the contracts excluding periods of

renewal under option.

'23Public Law 85-162 (71 Stat. 403) (1957), section 204, added subsection 4. (originally subsection s.). 224

Public 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.

99
(B) In entering into such contracts the Commission shall be

guided by the following principles: (i) the percentage of the total

cost of special facilities devoted to contract performance and

chargeable to the Commission should not exceed the ratio between

the period of contract deliveries and the anticipated useful life of

such special facilities; (ii) the desirability of obtaining options to

renew the contract for reasonable periods at prices not to include

charges for special facilities already amortized; and (iii) the

desirability of reserving in the Commission the right to take title to

the special facilities under appropriate circumstances; and

(3) include in contracts made under this subsection provisions

which limit the obligation of funds to estimated annual deliveries and

services and the unamortized balance of such amounts due for special

facilities as the parties shall agree is chargeable to the performance of

the contract. Any appropriation available at the time of termination or

thereafter made available to the Commission for operating expenses

shall be available for payment of such costs which may arise from

termination as the contract may provide. The term "special facilities"

as used in this subsection means any land and any depreciable

buildings, structures, utilities, machinery, equipment, and fixtures

necessary for the production or furnishing of such supplies,

equipment, materials, and services and not available to the vendors or

suppliers for the performance of the contract.225

Contract v. provide services in support of the United States Enrichment

authority. 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;. 226 227

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

42 USC 2231. with the provisions of section 9701 of Title 31 or any other law.22 , 229 230

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 ensure42 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 materials as defined in

section I1 e.(2), by a licensee to permit the completion of all

requirements established by the Commission for the decontamination,

22

.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. 6

Public Law 88-489 (78 Stat. 602) (1964), section 16, added subsection v. 227

Public Law 102-486 (106 Stat. 2944) Oct. 24, 1992, changed section v. 22

1Public Law 92-314 (86 Stat. 222) (1972), section 301, added subsection w. 229

Public Law 102-486 (106 Stat. 2944) Oct. 24, 1992, amended section w. 230

Public 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 ehapted that has control over any fund for the decommissioning of the facility".

100
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 licensewill 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.2 3 1

See. 161A. Use Of Firearms By Security Personnel.

a. DEFINITIONS-In this section, the terms 'handgun', 'rifle', 'shotgun', 'firearm', 'ammunition', 'machine gun', 'short-barreled

shotgun', and 'short-barreled rifle' have the meanings given the terms in

section 921(a) of title 18, United States Code.

b. AUTHORIZATION-Notwithstanding subsections (a)(4), (a)(5),

(b)(2), (b)(4), and (o) of section 922 of title 18, United States Code,

section 925(d)(3) of title 18, United States Code, section 5844 of the

Internal Revenue Code of 1986, and any law (including regulations) of a

State or a political subdivision of a State that prohibits the transfer,

receipt, possession, transportation, importation, or use of a handgun, a

rifle, a shotgun, a short-barreled shotgun, a short-barreled rifle, a

machinegun, a semiautomatic assault weapon, ammunition for any such

gun or weapon, or a large capacity ammunition feeding device, in carrying

out the duties of the Commission, the Commission may authorize the

security personnel of any licensee or certificate holder of the Commission

(including an employee of a contractor of such a licensee or certificate

holder) to transfer, receive, possess, transport, import, and use I or more

such guns, weapons, ammunition, or devices, if the Commission

determines that-

(1) the authorization is necessary to the discharge of the official

duties of the security personnel; and

(2) the security personnel-

(A) are not otherwise prohibited from possessing or

receiving a firearm under Federal or State laws relating to

possession of firearms by a certain category of persons;

42 USC 2201a.

231

Public Law 95-604 (92 Stat. 3036) (1978), section 203, added a new subsection. 161(x).

101
(B) have successfully completed any requirement under this

section for training in the use of firearms and tactical

maneuvers;

(C) are engaged in the protection of-

(i) a facility owned or operated by a licensee or

certificate holder of the Commission that is designated

by the Commission; or

(ii) radioactive material or other property owned or

possessed by a licensee or certificate holder of the

Commission, or that is being transported to or from a

facility owned or operated by such a licensee or

certificate holder, and that has been determined by the

Commission to be of significance to the common

defense and security or public health and safety; and

(D) are discharging the official duties of the security

personnel in transferring, receiving, possessing, transporting, or

importing the weapons, ammunition, or devices.

c. BACKGROUND CHECKS-A person that receives, possesses,

transports, imports, or uses a weapon, ammunition, or a device under

subsection (b) shall be subject to a background check by the Attorney

General, based on fingerprints and including a background check under

section 103(b) of the Brady Handgun Violence Prevention Act (Public

Law 103-159; 18 U.S.C. 922 note) to determine whether the person is

prohibited from possessing or receiving a firearm under Federal or State

law.

d. EFFECTIVE DATE-This section takes effect on the date on which

guidelines are issued by the Commission, with the approval of the

Attorney General, to carry out this section. 232

Sec. 162. Contracts.

The President may, in advance, exempt any specific action of the

Commission in a particular matter from the provisions of law relating to

contracts whenever he determines that such action is essential in the

interest of the common defense and security. See. 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 161 a. may serve as such without regard to the

provisions of section 281, 283, or 284 of title 18233 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

institution 234 in respect of any particular matter which directly involves

the Commission or in which the Commission is directly interested.235

42 USC 2202.

Contracts.

42 USC 2203.

Advisory

committees.

23

"Public Law 109-58, (119 Stat. 811), August 8, 2005; Title VI, section 653, added new section 161A. 233 These sections have been repealed. 23

4Public Law 86-300 (73 Stat. 574) (1959), section 2, amended section 163 by inserting after the words "from

receiving 23 compensation" the words "from a source other than a nonprofit educational institution." .Public 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 "except to the extent that they

affect officers or employees of the executive branch of the United States Government [or] of any independent

agency of the United States, * * * as to whom they are no longer applicable."

102
42 USC 2204.

Electric utility

contracts.

42 USC 2205.

Contract

practices.

42 USC 2206.

Comptroller

General audit.

Sec. 164. Electric Utility Contracts.

The Commission is authorized in connection with the construction or

operations of the Oak Ridge, Paducah, and Portsmouth installations of the

Commission, without regard to section 3679 of the Revised Statutes, as

amended, to enter into new contracts or modify or confirm existing

contracts to provide for electric utility serves for periods not exceeding

twenty-five years, and such contracts shall be subject to termination by the

Commission upon payment of cancellation costs as provided in such

contracts, and any appropriation presently or hereafter made available to

the Commission shall be available for the payment of such cancellation

costs. Any such cancellation payments shall be taken into consideration in

determination of the rate to be charged in the event the Commission or

any other agency of the Federal Government shall purchase electric utility

services from the contractors subsequent to the cancellation and during the

life of the original contract. The authority of the Commission under this

section to enter into new contracts or modify or confirm existing contracts

to provide for electric utility services includes, in case such electric utility

services are to be furnished to the Commission by the Tennessee Valley

Authority, authority to contract with any person to furnish electric utility

services to the Tennessee Valley Authority in replacement thereof. Any

contract hereafter entered into by the Commission pursuant to this section

shall be submitted to the Energy Committees 236 and a period of thirty days

shall elapse while Congress is in session (in computing such thirty days,

there shall be excluded the days on which either House is not in session

because of adjournment for more than three days) before the contract of

the Commission shall become effective: Provided, however, That the

Energy Committees, after having received the proposed contract, may by

resolution in writing, waive the conditions of or all or any portion of such

thirty-day period.

Sec. 165. Contract Practices.

a. In carrying out the purposes of this Act the Commission shall not

use the cost-plus-percent age-of-cost system of contracting.

b. No contract entered into under the authority of this Act shall

provide, and no contract entered into under the authority of the Atomic

Energy Act of 1946, as amended, shall be modified or amended after the

date of enactment of this Act to provide, for direct payment or direct

reimbursement by the Commission of any Federal income taxes on behalf

of any contractor performing such contract for profit.

Sec. 166. Comptroller General Audit.

No moneys appropriated for the purposes of this Act shall be available

for payments under any contract with the Commission, negotiated without

advertising, except contracts with any foreign government or any agency

thereof and contracts with foreign producers, unless such contract includes

a clause to the effect that the Comptroller General of the United States or

any of his duly authorized representatives shall, until the expiration of

three years after final payment, have access 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:

236 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(7) struck "Joint Committee" and substituted

"Energy Committees" throughout section.

103
And provided further, That nothing in this section shall preclude the

earlier disposal of contractor and subcontractor records in accordance with

records disposal schedules ahreed upon between the Commission and the

General Accounting Office.27

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. 238

See. 168. Payments In Lieu Of Taxes.

42 USC 2208. In order to render financial assistance to those States and localities in

Payments in which the activities of the Commission are carried on, and in which the

Lieu 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

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

ayment.

ec. 169. No Subsidy.

42 USC 2209. No funds of the Commission shall be employed in the construction or

No subsidy. operation of facilities licensed under section 103 or 104 except under

contract or other arrangement entered into pursuant to section 31.

237

Public Law 85-681 (72 Stat. 632) (1958), section 8, amended section 166 by adding the second proviso

clause. 23 8

Public Law 87-206 (75 Stat. 474) (1961), section 14, amended section 167. Prior to amendment, this section

read as follows:

Sec. 167. Claim Settlements-The Commission, acting on behalf of the United States, is authorized to consider,

ascertain, adjust, determine, settle, and pay, any claim for money damage of $5,000 or less against the United

States for bodily injury, death, or damage to or loss of real or personal property resulting from any detonation,

explosion, or radiation produced in the conduct of the Commission's program for testing atomic weapons,

where such claim' is presented to the Commission in writing within one year after the accident or incident out of

which the claim arises: Provided, however, That the damage to or loss of property, or bodily injury or death,

shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his

agents, or employees. Any such settlement under the authority of this section shall be final and conclusive for

all purposes, notwithstanding any other provision of law to the contrary.

104
42 USC 2210.

Indemnification

agreement.

Waiver.

Liability

insurance.

Sec. 170. Indemnification And Limitation Of Liability.

a.239 REQUIREMENT OF FINANCIAL PROTECTION FOR

LICENSEES 4°-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") 241 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 applicant

waive any immunity from public liability conferred by Federal or State

law.

242

b. AMOUNT AND TYPE OF FINANCIAL PROTECTION FOR

LICENSEES

2 43

(1)244 The amount of primary financial protection 245 required shall

be the amount of liability insurance available from private sources,

except that the Commission may establish a lesser amount on the basis

of criteria set forth in writing, which it may revise from time to time,

taking into consideration such factors as the following: (A) the cost

and terms of private insurance, (B) the type, size, and location of the

licensed activity and other factors pertaining to the hazard, and (C) the

nature and purpose of the licensed activity: Provided, That for

facilities designed for producing substantial amounts of electricity and

having a rated capacity of 100,000 electrical kilowatts or more, the

239

240

Public Law 85-256 (71 Stat. 576) (1957), section 4, added section 170.

Public Law 100-408 (102 Stat. 1080), August 20, 1988; section 16(e)(l), inserted immediately following the

subsection designation "(a)" in the original a subsection heading "Requirement of Financial Protection for

Licensees". 24 1

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". 1

42

Public Law 944197 (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. 243

Public Law 100-408 (102 Stat. 1080), August 20, 1988, section 16(e)(2), inserted immediately following the

subsection designation "(b)" in the original a subsection heading "Amount and Type of Financial Protection for

Licensees."

2

4Public Law 100-408 (102 Stat. 1066), August 20, 1988, section 2(C)(1) 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 (1). 245

Public Law 100-408 (102 Stat. 1066), August 20, 1988, section 2(a)(l), (2), (C)(2), 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)".

105
amount of primary financial protection 246 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

such a plan shall not be more than $95,800,000247 (subject to

adjustment for inflation under subsection t.) but not more than

$15,000,000 in any 1 year (subject to adjustment for inflation under

subsection t.), 2 48 for each facility for which licensee is required to

maintain the maximum amount of primary financial protection: And

provided further, That the amount which may be charged a licensee

following any nuclear incident shall not exceed the licensee's pro rata

share of the aggregate public liability claims and costs (excluding legal

costs subject to subsection o.(1)(D), payment of which has not been

authorized under such subsection) arising out of the nuclear incident.

Payment of any State premium taxes which may be applicable to any

deferred premium provided for in this Act shall be the responsibility of

the licensee and shall not be included in the retrospective premium

established by the Commission. 249

(2)(A) The Commission may, on a case by case basis, assess

annual deferred premium amounts less than the standard annual

deferred premium amount assessed under paragraph (1)-

(i) for any facility, if more than one nuclear incident occurs

in any one calendar year; or

(ii) for any licensee licensed to operate more than one

facility, if the Commission determines that the financial impact

24 6

Public Law 100-408 (102 Stat. 1066), August 20, 1988, section 2(a)(l), in the second sentence of paragraph

l) substituted "primary financial protection" for "financial protection".

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 "$63,000,000" and inserted "$95,800,000". 24 8

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 1 year" and inserted "15,000,000 in any 1 year (subject to

adjustment for inflation under subsection (t) of this section)". 24 Public Law 100-408 (102 Stat. 1066), August 8, 1988, section 2(a)(1), (3), (b), the third sentence of

paragraph (1) 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,".

106
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.25 °

(3) The Commission shall establish such requirements as are

necessary to assure availability of funds to meet any assessment of

deferred premiums within a reasonable time when due, and may

provide reinsurance or shall otherwise guarantee the payment of such

premiums in the event it appears that the amount of such premiums

will not be available on a timely basis through the resources of private

industry and insurance. Any agreement by the Commission with a

licensee or indemnitor to guarantee the payment of deferred premiums

may contain such terms as the Commission deems appropriate to carry

out the purposes of this section and to assure reimbursement to the

Commission for its payments made due to the failure of such licensee

or indemnitor to meet any of its obligations arising under or in

connection with financial protection required under this subsection

including without limitation terms creating liens upon the licensed

facility and the revenues derived there from or any other property or

revenues of such licensee to secure such reimbursement and consent to

the automatic revocation of any license.2 5 1

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 funds25

"Public Law 100-408 (102 Stat. 1066), August 8, 1988, section 2(C)(3) 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

garagraph (2) for successor provisions. Public Law 94-197 (89 Stat. 1111) (1975), section 3, amended subsection 170b. 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.

107
(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

Securities. obligations shall bear interest at a rate determined by the Secretary of

Treasury by taking into consideration the average market yield on

outstanding marketable obligations to the United States of comparable

maturities during the month preceding the issuance of the obligations

under this paragraph. The Secretary of the Treasury shall purchase any

issued obligations, and for such purpose the Secretary of the Treasury

may use as a public debt transaction the proceeds from the sale of any

securities issued under chapter 31 of title 31, United States Code, and the

purposes for which securities may be issued under such chapter are

extended to include any purchase of such obligations. The Secretary of the

Treasury may at any time sell any of the obligations acquired by the

Secretary of the Treasury under this paragraph. All redemptions,

purchases, and sales by the Secretary of the Treasury of obligations under

this parapraph shall be treated as public debt transactions of the United

States.15

(5)(A) For purposes of this section only, the Commission shall

consider a combination of facilities described in subparagraph (B) to

be a single facility having a rated capacity of 100,000 electrical

kilowatts or more.

(B) A combination of facilities referred to in subparagraph (A)

is two or more facilities located at a single site, each of which has a

rated capacity of 100,000 electrical kilowatts or more but not more

than 300,000 electrical kilowatts, with a combined rated capacity of

not more than 1,300,000 electrical kilowatts.2 5 3

c. INDEMNIFICATION OF NUCLEAR REGULATORY

COMMISSION LICENSEES-The Commission shall, with respect 214to

licenses issued between August 30, 1954, and December 31, 2025, for

which it requires financial protection of less than $560,000,000, agree to

2

" 2Public Law 100-408 (102 Stat. 1067), August 8, 1988, section 2(d)(2), added paragraph (4). 253

Public Law 109-58 (119 Stat. 781), August 8, 2005; Title VI, section 608 added paragraph (5). 25

1 4Public Law 108-7 (117 Stat. 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 VI, section 602(a)

struck out "licenses" and inserted "licensees:" in the subsection heading and following "August 30, 1954, and",

struck out "December 31, 2003" and inserted "December 31, 2025".

108
indemnify and hold harmless the licensee and other persons indemnified,

as their interest may appear, from public liability arising from nuclear

incidents which is in excess of the level of financial protection required of

the licensee. The aggregate indemnity for all persons indemnified in

connection with each nuclear incident shall not exceed $500,000,000

excluding costs of investigating and settling claims and defending suits

for damage: Provided, however, That this amount of indemnity shall be

reduced by the amount that the financial protection required shall exceed

$60,000,000. Such a contract of indemnification shall cover public

liability arising out of or in connection with the licensed activity. With

respect to any production or utilization facility for which a construction

permit is issued between August 30, 1954, and December 31, 2025,255 the

requirements of this subsection shall apply to any license issued for such

facility subsequent to December 31, 2025. 256, 25

d.(1)(A) In addition to any other authority the Secretary of Energy (in

this section referred to as the "Secretary") may have, the Secretary shall,

until December 31, 2025,258, 259 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.

255

Public Law 109-58 (119 Stat. 779), August 8, 2005, Title VI, section 602(b) struck out "December 31, 2003"

and inserted "December 31, 2025". 5

6

Public 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 1 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. 257

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". .. Public Law 108-375 (118 Stat. 2171), Oct. 28, 2004, Div. C, title XXXI, section 3141. 259

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". 26 0

Public 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

109
Effective date.

Claims.

(B)(i)(I) Beginning 60 days after the date of enactment of the

Price-Anderson Amendments Act of 1988, agreements of

indemnification under subparagraph (A) shall be the exclusive

means of indemnification for public liability arising from activities

described in such subparagraph, including activities conducted

under a contract that contains an indemnification clause under

Public Law 85-804 entered into between August 1, 1987, and the

date of enactment of the Price-Anderson Amendments Act of

1988.

(B)(i)(II) The Secretary may incorporate in agreements of

indemnification under subparagraph (A) the provisions relating to

the waiver of any issue or defense as to charitable or governmental

immunity authorized in subsection n. (1) to be incorporated in

agreements of indemnification. Any such provisions incorporated

under this subclause shall apply to any nuclear incident arising out

of nuclear waste activities subject to an agreement of

indemnification under subparagraph (A).

(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.

(2) In an agreements of indemnification entered into under

paragraph (1), the Secretary-

(A) may require the contractor to provide and maintain

financial protection of such a type and in such amounts as the

Secretary shall determine to be appropriate to cover public liability

arising out of or in connection with the contractual activity; and

(B) shall indemnify the persons indemnified against such

liability above the amount of the financial protection required, in

the amount of $10,000,000,000 (subject to adjustment for inflation

under subsection t.), in the aggregate, for all persons indemnified

in connection with the contract and for each nuclear incident,

including such legal costs of the contractor as are approved by the 261 Secretary.

(3) All agreements of indemnification under which the Department

of Energy (or its predecessor agencies) may be required to indemnify

any person under this section shall be deemed to be amended, on the

date of enactment of the Price-Anderson Amendments Act of 2005, to

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

26 States, the amount of indemnity provided by theCommission shall not exceed $100 million.

1Public 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 the persons indemnified for each

nuclear incident, including such legal costs of the contractor as are approved by the Secretary".

110
reflect the amount of indemnity for public liability and any applicable

financial protection required of the contractor under this subsection. 262

(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).263

(5) In the case of nuclear incidents occurring outside the United

States, the amount of the indemnity provided by the Commission

under this subsection shall not exceed $500,000,000.26

(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.265

(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 erformed

under the contract shall be effective to bar such liability.

e. Limitation On Aggregate Public Liability.-( 1)267 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 exceed262

Public Law 109-58 (119 Stat. 780), August 8, 2005, Title V1, section 604(b), rewrote paragraph (3), which

formerly read:

(3)(A) Notwithstanding paragraph (2), if the maximum amount of financial protection required of

licenses under subsection (b) of this section is increased by the Commission, the amount of indemnity,

together with any financial protection required of the contractor, shall at all times remain equal to or greater

than the maximum amount of financial protection required of licensees under subsection (b) of this section.

(B) The amount of indemnity provided contractors under this subsection shall not, at any time, be

reduced in the event that the maximum amount of financial protection required of licensees is reduced. (C) All agreements of indemnification under which the Department of Energy (or its predecessor

agencies) may be required to indemnify any person, shall be deemed to be amended on August 20, 1988, to

reflect the amount of indemnity for public liability and any applicable financial protection required of the

contractor under this subsection on August 20, 1988. 263

Public Law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) added paragraphs (3) and (4). 2

'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". 265

Public 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". 2

"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 paragraph

(l)A)" for "executed" and "indemnified under this subsection" for "indemnified under this section". 67

Public Law 100-408 (102 Stat. 1066), August 8, 1988, section 2(C)(3), 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.

111
(A) in the case of facilities designed for producing substantial

amounts of electricity and having a rated capacity of 100,000

electrical kilowatts or more, the maximum amount of financial

protection required of such facilities under subsection b. (plus any

surcharge assessed under subsection o.(1)(E));

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.268, 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.269

(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).270

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 $500,000,00027r,

together with the amount of financial protection required of the

contractor.

f. Collection of Fees by Nuclear Regulatory Commission272

-The

Commission or the Secretary, as appropriate, is authorized to collect a fee

from all persons with whom an indemnification agreement is executed

under this section. This fee shall be $30 per year per thousand kilowatts of

thermal energy capacity for facilities licensed under section 103:

Provided, That the Commission or the Secretary, as appropriate, is

authorized to reduce the fee for such facilities in reasonable relation to

268

Public Law 109-58 (119 Stat. 780), August 8, 2005, Title VI, 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;". 269

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 (1), the Congress will thoroughly review the particular incident in

accordance with the procedures set forth in subsection 170i of this section and will in accordance with such

procedures, take whatever action is determined to be necessary (including approval of appropriate compensation

plans and appropriation of funds) to provide full and prompt compensation to the public for all public liability

claims resulting from a disaster of such magnitude".

27°Public Law 100-408 (102 Stat. 1070), August 8, 1988; section 6 added paragraph (3). 271

Public Law 109-58 (119 Stat. 781), August 8, 2005, Title VI, section 605(b) struck out [J 100,000,000" and

inserted "$500,000,000" following "shall not exceed".

.

2

.Public Law 100-408 (102 Stat. 1080), August 8, 1988, section 16(e)(4) inserted. subsection heading

"Collection of Fees by Nuclear Regulatory Commission".

112
Private

insurance

organizations.

Use of services.

41 USC 252 (c)

(See 41 USC

260 (b)).

Terms of

settlement.

increases in fmancial protection required above a level of $60,000,000.

For facilities licensed under section 104, and for construction permits

under section 185, the Commission is authorized to reduce the fee set

forth above. The Commission shall establish criteria in writing for

determination of the fee for facilities licensed under section 104, taking

into consideration such factors as (1) the type, size, and location of facility

involved, and other factors pertaining to the hazard, and (2) the nature and

purpose of the facility. For other licenses, the Commission shall collect

such nominal fees as it deems appropriate. No fee under this subsection

shall be less than $100 per year."273

g. Use of Services of Private Insurers 274

-In administering the

provisions of this section, the Commission or the Secretary, as

appropriate, shall use, to the maximum extent practicable, the facilities

and services of private insurance organizations, and the Commission or

the Secretary, as appropriate, may contract to pay a reasonable

compensation for such services. Any contract made under the provisions

of this subsection may be made without regard to the provisions of section

3709 of the Revised Statutes (41 USC 5), as amended, upon a showing by

the Commission or the Secretary, as appropriate, that advertising is not

reasonable practicable and advance payments may be made.

h. Conditions of Agreements of Indemnification 275

-The agreement of

indemnification may contain such terms as the Commission or the

Secretary, as appropriate, deems appropriate to carry out the purposes of

this section. Such agreement shall provide that, when the Commission or

the Secretary, as appropriate, makes a determination that the United States

willprobably 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.

276

i. Compensation Plans. 277

-(0) After any nuclear incident involving

damages that are likely to exceed the applicable amount of aggregate

public liability under subparagraph (A), (B), or (C) of subsection e. (1),

the Secretary or the Commission, as appropriate, shall-

(A) make a survey of the causes and extent of damage; and

273

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

Froviso to the second sentence. 1

4

Public Law 100-408 (102 Stat. 1081), August 8, 1988; section 16(e)(5) inserted subsection heading "Use of

Services 27 of Private Insurers". .Public Law 100-408 (102 Stat. 1081), August 8, 1988; section 16(e)(6) inserted subsection heading

"Conditions 276 of Agreements of Indemnification". Public Law 100-408 (102 Stat. 1066), August 8, 1988), section 2(C)(3) 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.

.

7

.Public Law 100-408 (102 stat. 1071), August 8, 1988, section 7(a) inserted subsection heading

"Compensation Plans".

113
Reports, (B) expeditiously submit a report setting forth the results of

Defense such survey to the Congress, to the Representatives of the affected

and national districts, to the Senators of the affected States, and (except for

security, 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 (2) Not later than 90 days after any determination by a court,

U'S. 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 enacted-

(i) as an exercise of the rulemaking power of the Senate and

as such it is deemed a part of the rules of the Senate, but

applicable only with respect to the procedure to be followed in

the Senate in the case of resolutions described by subparagraph

(B) and it supersedes other rules only to the extent that it is

inconsistent therewith; and

114
(ii) with full recognition of the constitutional right of the

Senate to change the rules at any time, in the same manner and

to the same extent as in the case of any other rule of the Senate.

(B) For purposes of this paragraph, the term "resolution" means

only a joint resolution of the Congress the matter after the

resolving clause of which is as follows: That the approves

the compensation plan numbered submitted to the Congress

on _, 19_, the first blank space therein being filled with the

name of the resolving House and the other blank spaces being

appropriately filled; but does not include a resolution which

specifies more than one compensation plan.

(C) A resolution once introduced with respect to a

compensation plan shall immediately be referred to a committee

(and all resolutions with respect to the same compensation plan

shall be referred to the same committee) by the President of the

Senate.

(D)(i) If the committee of the Senate to which a resolution with

respect to a compensation plan has been referred has not reported it

at the end of twenty calendar days after its referral, it shall be in

order to move either to discharge the committee from further

consideration of such resolution or to discharge the committee

from further consideration with respect to such compensation plan

which has been referred to the committee.

(ii) A motion to discharge may be made only by an

individual favoring the resolution, shall be highly privileged

(except that it may not be made after the committee has

reported a resolution with respect to the same compensation

plan), and debate thereon shall be limited to not more than one

hour, to be divided equally between those favoring and those

opposing the resolution. An amendment to the motion shall not

be in order, and it shall not be in order to move to reconsider

the vote by which the motion was agreed to or disagreed to.

(iii) If the motion to discharge is agreed to or disagreed to

the motion may not be renewed, nor may another motion to

discharge the committee be made with respect to any other

resolution with respect to the same compensation plan.

(E)(i) When the committee has reported, or has been

discharged from further consideration of, a resolution, it shall be at

any time thereafter in order (even though a previous motion to the

same effect has been disagreed to) to move to proceed to the

consideration of the resolution. The motion shall be highly

privileged and shall not be debatable. An amendment to the motion

shall not be in order, and it shall not be in order to move to

reconsider the vote by which the motion was agreed to or

disagreed to.

(ii) Debate on the resolution referred to in clause (i) of this

subparagraph shall be limited to not more than ten hours, which

shall be divided equally between those favoring and those

opposing such resolution. A motion further to limit debate shall

not be debatable. An amendment to, or motion to recommit, the

resolution shall not be in order, and it shall not be in order to

move to reconsider the vote by which such resolution was

agreed to or disagreed to.

(F)(i) Motions to postpone, made with respect to the discharge

from committee, or the consideration of a resolution or motions to

proceed to the consideration of other business, shall be decided

without debate.

115
(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. 278

Contracts in j. Contracts in Advance of Appropriations 279

-In administering the

advance of provisions of this section, the Commission or the Secretary, as

appropriations, 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

Educational k. With respect to any license issued pursuant to section 53, 63, 81,

activities. 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, 2025280, 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;

281

(2) such contracts of indemnification shall cover public liability

arising out of or in connection with the licensed activity; and shall

include damage to property of persons indemnified, except property

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

where the nuclear incident occurs; and

(3) such contracts of indemnification, when entered into with a

licensee having immunity from public liability because it is a State

agency, shall provide also that the Commission shall make payments

under the contract on account of activities of the licensee in the same

manner and to the same extent as the Commission would be required

to do if the licensee were not such a State agency.

Any licensee may waive an exemption to which it is entitled under this

subsection. With respect to any production or utilization facility for which

a construction 282 permit is issued between August 30, 1954, and December

31, 2025 , the requirements of this subsection shall apply to any license

issued for such facility subsequent to December 31, 2025. 83, 284

... Public Law 100-408 (102 Stat. 1066), August 8, 1988, section 2(C)(4), added paragraph (2).

7

9

Public Law 100-408 (102 Stat. 1081) August 8, 1988, section 16(e)(7) inserted subsection heading "Contracts

in Advance of Appropriations". 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". 2 1

'See Public Law 100-408 (102 Stat. 1074), August 20, 1988, section 8(a)(2). 282

public Law 109-58 (119 Stat 779), August 8, 2005, Title VI, section 602(C), following "August 30, 1954,

and" struck out "August I, 2002" and inserted "December 31, 2025". 283

Public Law 85-744 (72 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" wherever it appeared to "August 1, 1977".

Public Law 94-197 (89 Stat. 1111) (1975), section 10 amended subsection 170k. By substituting the date

"August 1, 1987" for the date "August 1, 1977" wherever it appeared and by substituting the word "excluding"

for the words "including the reasonable". 284

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".

116
1. Presidential Commission On Catastrophic Nuclear Accidents.-*

(1) Not later than 90 days after the date of the enactment of the PriceAnderson 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.(1), and shall submit to the Congress a final report

setting forth-

(A) recommendations for any changes in the laws and rules

governing the liability or civil procedures that are necessary for the

equitable, prompt, and efficient resolution and payment of all valid

damage claims, including the advisability of adjudicating public

liability claims through an administrative agency instead of the

judicial system;

(B) recommendations for any standards or procedures that are

necessary to establish priorities for the hearing, resolution, and

payment of claims when awards are likely to exceed the amount of

funds available within a specific time period; and

(C) recommendation for any special standards or procedures

necessary to decide and pay claims for latent injuries caused by the

nuclear incident.

(4)(A) The chairperson of the study commission may appoint and

fix the compensation of a staff of such persons as may be necessary to

discharge the responsibilities of the study commission, subject to the

applicable provisions of the Federal Advisory Committee Act (5 USC

App.) and title 5, United States Code.

(B) To the extent permitted by law and requested by the

chairperson of the study commission, the Administrator of General

Services shall provide the study commission with necessary

administrative services, facilities, and support on a reimbursable

basis.

(C) The Attorney General, the Secretary of Health and Human

Services, and the 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

117
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.

Termination (6) The study commission shall terminate upon the expiration of

date. the 2-month period beginning on the date on which the final report

required in paragraph (3) is submitted.285

Emergency m. Coordinated Procedures for Prompt Settlement of Claims and

Assistance Emergency Assistance 2 6

-The Commission or the Secretary, as

payments. appropriate, is authorized to enter into agreements with other indemnitors

to establish coordinated procedures for the prompt handling, investigation,

and settlement of claims for public liability. The Commission or the

Secretary, as appropriate, and other indemnitors may make payments to,

or for the aid of, claimants for the purpose of providing immediate

assistance following a nuclear incident. Any funds appropriate to the

Commission or the Secretary, as appropriate, shall be available for such

payments. Such payments may be made without securing releases, shall

not constitute an admission of the liability of any person indemnified or of

any indemnitor, and shall operate as a satisfaction to the extent thereof of

any final settlement or judgment.287

Waiver of n. Waiver of Defenses and Judicial Procedures288-

defenses. (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 which2

"'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

1

6Public 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". 287

Public Law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) added paragraphs (3) and (4). 288

Public Law 100-408 (102 Stat. 1081), August 8, 1988, section 16(e)(10) inserted subsection heading "Waiver

of Defenses and Judicial Procedures".

118
(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.,

(E) arises out of, results from, or occurs in the course of,

transportation of source material, byproduct material, or special

nuclear material to or from any facility licensed under section 53,

63, or 81, for which the Commission has imposed as a condition of

the license a requirement that the licensee have and maintain

financial protection under subsection a., or

(F) arises out of, results from, or occurs in the course of nuclear

waste activities.

The Commission or the Secretary, as appropriate, may incorporate

provisions in indemnity agreements with licensees and contractors under

this section, and may require provisions to be incorporated in insurance

policies or contracts furnished as proof of financial protection, which

waive (i) any issue or defense as to conduct of the claimant or fault of

persons indemnified, (ii) any issue or defense as to charitable or

governmental immunity, and (iii) any issue or defense based on any

statute of limitations if suit is instituted within three years from the date

on which the claimant first knew, or reasonable could have know, of his

injury or damage and the cause thereof. The waiver of any such issue or

defense shall be effective regardless of whether such issue or defense may

otherwise be deemed jurisdictional or relating to an element in the cause

of action. When so incorporated, such waivers shall be judicially

enforceable in accordance with their terms by the claimant against the

person indemnified. Such waivers shall not preclude a defense based upon

a failure to take reasonable steps to mitigate damages, nor shall such

waivers apply to injury or damage to a claimant or to claimants property

which is intentionally sustained by the claimant or which results from a

nuclear incident intentionally and wrongfully caused by the claimant. The

waivers authorized in this subsection shall, as to indemnitors, be effective

only with respect to those obligations set forth in the insurance policies or

the contracts furnished as proof of financial protection and in the

indemnity agreements. Such waivers shall not apply to, or prejudice the

prosecution or defense of, any claim or portion of claim which is not

within the protection afforded under (i) the terms of insurance policies or

contracts furnished as proof of financial protection, or indemnity

agreements, and (ii) the limit of liability provisions of subsection e.

42 USC 2210. (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

119
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.

Courts, U.S. (3) (A) Following any nuclear incident, the chief judge of the

United States district court having jurisdiction under paragraph (2)

with respect to public liability actions (or the judicial council of the

judicial circuit in which the nuclear incident occurs) may appoint a

special caseload management panel (in this paragraph referred to as

the 'management panel") to coordinate and assign (but not necessarily

hear themselves) cases arising out of the nuclear incident, if-

(i) a court, acting pursuant to subsection o. determines that the

aggregate amount of public liability is likely to exceed the amount

of primary financial protection available under subsection b. (or an

equivalent amount in the case of a contractor indemnified under

subsection d.); or

(ii) the chief judge of the United States district court (or the

judicial council of the judicial circuit) determines that cases arising

out of the nuclear incident will have an unusual impact on the

work of the court.

(B)(i) Each management panel shall consist only of members who

are United States district judges or circuit judges.

(ii) Members of a management panel may include any United

States district judge or circuit judge of another district court or

court of appeals, if the chief judge of such other district court or

court of appeals consents to such assignment.

(C) It shall be the function of each management panel-

(i) to consolidate related or similar claims for hearing or trial;

(ii) to establish priorities for the handling of different classes of

cases;

(iii) to assign cases to a particular judge or special master;

(iv) to appoint special masters to hear particular types of cases,

or particular elements or procedural steps of cases;

(v) to promulgate special rules of court, not inconsistent with

the Federal Rules of Civil Procedure, to expedite cases or allow

more equitable consideration of claims;

(vi) to implement such other measures, consistent with existing

law and the Federal Rules of Civil Procedure, as will encourage the

equitable, prompt, and efficient resolution of cases arising out of

the nuclear incident; and

(vii) to assemble and submit to the President such data,

available to the court, as may be useful in estimating the aggregate

damages from the nuclear incident. 289

2 89

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) asso designated, substituted

"indemnity provided by the Secretary under this subsection" for "indemnity provided by the Commission".

120
Allocation of o. Plan For Distribution Of Funds.-(l) 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

42 USC 2210. subsection e.(1):

(A) Total payments made by or for all indemnitors as a result of

such nuclear incident shall not exceed 15 per centum of such limit of

liability without the prior approval of such court;

(B) The court shall not authorize payments in excess of 15 per

centum of such limit of liability unless the court determines that such

payments are or will be in accordance with a plan of distribution

which has been approved by the court of such payments are not likely

to prejudice the subsequent adoption and implementation by the court

of a plan of distribution pursuant to subparagraph (C); and

(C) The Commission or the Secretary, as appropriate, shall, and

any other indemnitor or other interested person may, submit to such

district court a plan for the disposition of pending claims and for the

distribution of remaining funds available. Such a plan shall include an

allocation of appropriate amounts for personal injury claims, property

damage claims, and possible latent injury claims which may not be

discovered until a later time and shall include establishment of

priorities between claimants and classes of claims, as necessary to

insure the most equitable allocation of available funds. Such court

shall have all power necessary to approve, disapprove, or modify plans

proposed, or to adopt another plan; and to determine the proportionate

share of funds available for each claimant. The Commission or the

Secretary, as appropriate, any other indermitor, 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.(1) shall, in addition to such deferred premium, be

charged such an amount as is necessary to pay a pro rata share of such

claims and costs, but in no case more than 5 percent of the maximum

amount of such standard deferred premium described in such

subsection.

(2) A court may authorize the payment of legal costs under para-graph

(1)(D) only if the person requesting such payment has-

(A) submitted to the court the amount of such payment requested;

and

(B) demonstrated to the court-

(i) that such costs are reasonable and equitable; and

(ii) that such person has121
(I) litigated in good faith;

(II) avoided unnecessary duplication of effort with that of

other parties similarly situated;

(III) not made frivolous claims or defenses; and

(IV) not attempted to unreasonably delay the prompt

settlement or adjudication of such claims.29

p. Reports To Congress.-The Commission and the Secretary shall

submit to the Congress by December 31, 2021291, 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. 292

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 annual 293 standard deferred premium under

subsection b.(1) not less than once during each 5-year period following

August 20, 2003294 in accordance with the aggregate percentage change in

the Consumer Price Index since295 (A) August 20, 2003, in the case of the first adjustment under

this subsection; or

(B) the previous adjustment under this subsection.

2

9°Public Law 100-408 (102 Stat. 1066) (1988), added 170 subsection o.1.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.". 29 1

Public Law 109-58 (119 Stat. 781), August 8, 2005, Title VI, section 606, struck out "August 1, 1998" and

inserted "December 31, 2021" following "to the Congress by". 292

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

Sl)(A)" for "executed" and "indemnified under this subsection" for "indemnified under this section".

9 Public Law 109-58 (119 Stat. 780), August 8, 2005; Title VI, section 603(2)(A), (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.

294Public Law 108-375 (118 Stat. 2171), Div. C, Title XXXI, section 3141; subsection (D)(1)(A), in

subparagraph (A) substituted "until December 31, 2006" for until "December 31, 2004". 295

Public Law 109-58 (119 Stat. 780), August 8, 2005, Title VI, section 603(2)(C), struck out "August 20, 1988"

and inserted "August 20, 2003".

122
42 USC 2210a.

Conflict of

interest.

(2) The Secretary shall adjust the amount of indemnification

provided under an agreement of indemnification under subsection d.

not less than once during each 5-year period following July 1, 2003, in

accordance with the aggregate percentage change in the Consumer

Price Index since-

(A) that date, in the case of the first adjustment under this

paragraph; or

(B) the previous adjustment under this paragraph.

(3) For purposes of this subsection, the term "Consumer Price

Index" means the Consumer Price Index for all urban consumers

published by the Secretary of Labor.296

Sec. 170A. Conflicts Of Interest Relating To Contracts

And Other Arrangements.

a. The Commission shall, by rule, require any person proposing to

enter into a contract, agreement, or other arrangement, whether by

competitive bid or negotiation, under this Act or any other law

administered by it for the conduct of research, development, evaluation

activities, or for technical and management support services, to provide

the Commission, prior to entering into any such contract, agreement, or

arrangement, with all relevant information, as determined by the

Commission, bearing on whether that person has a possible conflict of

interest with respect to-

(1) being able to render impartial, technically sound, or objective

assistance or advice in light of other activities or relationships with

other persons, or

(2) being given an unfair competitive advantage. Such person shall

insure, in accordance with regulations prescribed by the Commission,

compliance with this section by any subcontractor (other than a supply

subcontractor) or such person in the case of any subcontract for more

than $10,000.

b. EVALUATION297- (1) IN GENERAL298

-Except as provided in paragraph (2)299, 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.

2

96Public Law 109-58 (119 Stat. 781), August 8, 2005, Title VI, section 607, redesignated former paragraph (2)

as (3) and inserted a new paragraph (2). 297

Public Law 109-58 (119 Stat. 794), August 8, 2005, Title VI, section 639(2), struck out the editoriallysupplied heading and inserted "(b) Evaluation". 29

'Public Law 109-58 (119 Stat. 794), August 8, 2005, Title VI, section 639(2), added paragraph (1) by inserting

"(1) In general" following the subsection (b) heading, and redesignated former paragraph (1) as subparagraph

"'Public Law 109-58 (119 Stat. 794), August 8, 2005, Title V1, section 639(2), struck out "the Commission"

and inserted "except as provided in paragraph (2), the Nuclear Regulatory Commission".

123
Publication.

42 USC 2210b.

42 USC 2231.

Report to

Congress and

President.

Regulations.

Proprietary

information,

disclosure.

Criteria.

(2)300 NUCLEAR REGULATORY COMMISSION.-

Notwithstanding any conflict of interest, the Nuclear Regulatory

Commission may enter into a contract, agreement, or arrangement

with the Department of Energy or the operator of a Department of

Energy facility, if the Nuclear Regulatory Commission determines

that-

(A) the conflict of interest cannot be mitigated; and

(B) adequate justification exists to proceed without mitigation

of the conflict of interest.301

c. The Commission shall publish rules for the implementation of this

section, in accordance with section 553 of title 5, United States Code

(without regard to subsection (a)(2) thereof) as soon as practicable after

the date of the enactment of this section, but in no event later than 120

days after such date.30 2

See. 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 deems necessary to carry out the

monitoring and reporting requirements of this section.

b. Upon a satisfactory showing to the Secretary of Energy by any

person that any information, or portion thereof obtained under this

section, would, if made public, divulge proprietary information of such

person, the Secretary shall not disclose such information and disclosure

thereof shall be punishable under section 1905 of title 18, United States

Code.

c. The criteria referred to in subsection a. shall also include, but not be

limited to-

(1) an assessment of whether executed contracts or options for

source material or special nuclear material will result in greater than

371⁄2 percent of actual or projected domestic uranium requirements for

any two-consecutive-year period being supplied by source material or

special nuclear material from foreign sources;

(2) projections of uranium requirements and inventories of

domestic utilities for a 10 year period;

(3) present and probable future use of the domestic market by

foreign imports;

(4) whether domestic economic reserves can supply all future

needs for a future 10 year period;

(5) present and projected domestic uranium exploration

expenditures and plans; (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

3

mPublic Law 109-58 (119 Stat. 794), August 8, 2005, Title VI, section 639(3), added paragraph (2). 301

Public Law 109-58 (119 Stat. 794), August 8, 2005, Title VI, section 639(1), redesignated former paragraphs

(1) and (2) as subparagraphs (A) and (B), respectively. 3

0 Public Law 95-601 (92 Stat. 2950) (1978), section 8(a) added to a new section 170A.

124
Imported

material,

impact on

domestic

industry and

national

security.

Investigations.

42 USC 2210c.

(8) a projection of domestic uranium production and uranium price

levels which will be in effect under various assumptions with respect

to imports.

d. The Secretary or Energy, at any time, may determine on the basis

of the monitoring and annual reports required under this section that

source material or special nuclear material from foreign sources is being

imported in such increased quantities as to be a substantial cause of

serious injury, or threat thereof, to the United States uranium mining and

milling industry. Based on that determination, the United States Trade

Representative shall request that the United States International Trade

Commission initiate an investigation under section 201 of the Trade Act

of 1974 (19 USC 2251).

e. (1) If, during the period 1982 to 1992, the Secretary of Energy

determines that executed contracts or options for source material or

special nuclear material from foreign sources for use in utilization

facilities within or under the jurisdiction of the United States represent

greater than 371⁄22 percent of actual or projected domestic uranium

requirements for any two-consecutive-year period, or if the Secretary of

Energy determines the level of contracts or options involving source

material and special nuclear material from foreign sources may threaten

to impair the national security, the Secretary of Energy shall request the

Secretary of Commerce to initiate under section 232 of the Trade

Expansion Act of 1962 (19 USC 1862) an investigation to determine the

effects on the national security of imports of source material and special

nuclear material. The Secretary of Energy shall cooperate fully with the

Secretary of Commerce in carrying out such an investigation and shall

make available to the Secretary of Commerce the findings that lead to this

request and such other information that will assist the Secretary of

Commerce in the conduct of the investigation.

(2) The Secretary of Commerce shall, in the conduct of any

investigation requested by the Secretary of Energy pursuant to this

section, take into account any information made available by the

Secretary of Energy, including information regarding the impact on

national security of projected or executed contracts or options for

source material or special nuclear material from foreign sources or

whether domestic production capacity is sufficient to supply projected

national security requirements.

(3) No sooner than 3 years following completion of any

investigation by the Secretary of Commerce under paragraph (1), if no

recommendation has been made pursuant to such study for trade

adjustments to assist or protect domestic uranium production, the

Secretary of Energy may initiate a request for another such

investigation by the Secretary of Commerce. 303

Sec. 170C. Elimination of Pension Offset For Certain

Rehired Federal Retirees.

a. IN GENERAL.-The Commission may waive the application of

section 8344 or 8468 of title 5, United States Code, on a case-by-case

basis for employment of an annuitant.-

(1) in a position of the Commission for which there is exceptional

difficulty in recruiting or retaining a qualified employee; or

(2) when a temporary emergency hiring need exists.

b. PROCEDURES.-The Commission shall prescribe procedures for

the exercise of authority under this section, including3

" 3Public Law 97-415, section 23(b)(1), amended chapter 14 to include a new section 170B.

125
42 USC 2210d.

Deadline.

42 USC 2210e.

Deadlines.

(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.3° Sec. 170D. Security Evaluations.

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.

30 5

See. 170E. Design Basis Threat Rulemaking.

a. RULEMAKING.-The Commission shall-

(1) not later than 90 days after the date of enactment of this

section, initiate a rulemaking proceeding, including notice and

opportunity for public comment, to be completed not later than 18

months after that date, to revise the design basis threats of the

Commission; or

(2) not later than 18 months after the date of enactment of this

section, complete any ongoing rulemaking to revise the design basis

threats.

b. FACTORS.-When conducting its rulemaking, the Commission

shall consider the following, but not be limited to-

(1) the events of September 11, 2001;

(2) an assessment of physical, cyber, biochemical, and other

terrorist threats;

304

Public Law 109-58 (119 Stat. 783), August 8, 2005, section 624(a), added new section 170C. 3

"SPublic Law 109-58 (119 Stat. 799), August 8, 2005, section 651(a)(1), added new section 170D.

126
Deadline.

Deadline.

42 USC 2210f.

(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

emergency siren warning system, if the alternating current supply within

the 10-mile emergency planning zone of the power plant is lost.3 6

Sec. 170F. Recruitment Tools.

a. The Commission may purchase promotional items of nominal value

for use in the recruitment of individuals for employment. 30 7

306Public Law 109-58 (119 Stat. 799), August 8, 2005, section 651(a)(1), added new section 170E. 307

Public Law 109-58 (119 Stat. 801), August 8, 2005, section 651(c)(2), added new section 170F.

127
42 USC 2210g.

42 USC 2210h.

Sec. 170G. Expenses Authorized To Be Paid By The

Commission.

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. 308

Sec. 170H. Radiation Source Protection.

a. DEFINITIONS.-In this section:

(1) CODE OF CONDUCT.-The term 'Code of Conduct'

means the code entitled the 'Code of Conduct on the Safety and

Security of Radioactive Sources', approved by the Board of

Governors of the International Atomic Energy Agency and dated

September 8, 2003.

(2) RADIATION SOURCE.-The term 'radiation source'

means-

(A) a Category 1 Source or a Category 2 Source, as defined

in the Code of Conduct; and

(B) any other material that poses a threat such that the

material is subject to this section, as determined by the

Commission, by regulation, other than spent nuclear fuel and

special nuclear materials.

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

secure manner; and

Deadline. (C) before the date on which the radiation source is shippedNotification. (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

3

""Public Law 109-58 (119 Stat. 801), August 8, 2005, section 651 (c)(3), added new section 170G.

128
Deadline.

Regulations.

Deadline.

Contracts.

Deadline.

Establishment.

(B) the shipment will be made in accordance with any

applicable Federal or State law or regulation; and

(3) selling or otherwise transferring ownership of a radiation

source, unless the Commission-

(A) has determined that the licensee has verified that the

proposed recipient is authorized under law to receive the radiation

source; and

(B) has required that the transfer shall be made in accordance

with any applicable Federal or State law or regulation.

c. TRACKING SYSTEM.-

(1)(A) Not later than 1 year after the date of enactment of this

section, the Commission shall issue regulations establishing a

mandatory tracking system for radiation sources in the United

States.

(B) In establishing the tracking system under subparagraph

(A), the Commission shall coordinate with the Secretary of

Transportation to ensure compatibility, to the maximum extent

practicable, between the tracking system and any system

established by the Secretary of Transportation to track the

shipment of radiation sources.

(2) The tracking system under paragraph (1) shall-

(A) enable the identification of each radiation source by

serial number or other unique identifier;

(B) require reporting within 7 days of any change of

possession of a radiation source;

(C) require reporting within 24 hours of any loss of control

of, or accountability for, a radiation source; and

(D) provide for reporting under subparagraphs (B) and (C)

through a secure Internet connection.

d. PENALTY.-A violation of a regulation issued under subsection a.

or b. shall be punishable by a civil penalty not to exceed $1,000,000.

e. NATIONAL ACADEMY OF SCIENCES STUDY.-

(1) Not later than 60 days after the date of enactment of this

section, the Commission shall enter into an arrangement with the

National Academy of Sciences under which the National Academy of

Sciences shall conduct a study of industrial, research, and commercial

uses for radiation sources.

(2) The study under paragraph (1) shall include a review of uses of

radiation sources in existence on the date on which the study is

conducted, including an identification of any industrial or other

process that-

(A) uses a radiation source that could be replaced with an

economically and technically equivalent (or improved) process that

does not require the use of a radiation source; or

(B) may be used with a radiation source that would pose a

lower risk to public health and safety in the event of an accident or

attack involving the radiation source.

(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).

129
(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.

Deadlines. (B) Not later than 1 year after the date of enactment of this section,

Reports. and not less than once every 4 years thereafter, the task force shall submit

to Congress and the President a report, in unclassified form with a

classified annex if necessary, providing recommendations, including

recommendations for appropriate regulatory and legislative changes, for-

(i) a list of additional radiation sources that should be required to

be secured under this Act, based on the potential attractiveness of the

sources to terrorists and the extent of the threat to public health and

safety of the sources, taking into consideration-

(I) radiation source radioactivity levels;

(II) radioactive half-life of a radiation source;

(III) dispersability;

(IV) chemical and material form;

(V) for radioactive materials with a medical use, the

availability of the sources to physicians and patients for medical

treatment; and

(VI) any other factor that the Chairperson of the Commission

determines to be appropriate;

(ii) the establishment of, or modifications to, a national system for

recovery of lost or stolen radiation sources;

(iii) the storage of radiation sources that are not used in a safe and

secure manner as of the date on which the report is submitted;

(iv) modifications to the national tracking system for radiation

sources;

(v) the establishment of, or modifications to, a national system

(including user fees and other methods) to provide for the proper

disposal of radiation sources secured under this Act;

(vi) modifications to export controls on radiation sources to ensure

that foreign recipients of radiation sources are able and willing to

adequately control radiation sources from the United States;

(vii)(I) any alternative technologies available as of the date on

which the report is submitted that may perform some or all of the

130
functions performed by devices or processes that employ radiation

sources; and

(II) the establishment of appropriate regulations and incentives

for the replacement of the devices and processes described in

subclause (I)-

(aa) with alternative technologies in order to reduce the number

of radiation sources in the United States; or

(bb) with radiation sources that would pose a lower risk to

public health and safety in the event of an accident or attack

involving the radiation source; and

(viii) the creation of, or modifications to, procedures for improving

the security of use, transportation, and storage of radiation sources,

including-

(I) periodic audits or inspections by the Commission to ensure

that radiation sources are properly secured and can be fully accounted

for;

(II) evaluation of the security measures by the Commission;

(III) increased fines for violations of Commission regulations

relating to security and safety measures applicable to licensees that

possess radiation sources;

(IV) criminal and security background checks for certain

individuals with access to radiation sources (including individuals

involved with transporting radiation sources);

(V) requirements for effective and timely exchanges of

information relating to the results of criminal and security background

checks between the Commission and any State with which the

Commission has entered into an agreement under section 274b.;

(VI) assurances of the physical security of facilities that contain

radiation sources (including facilities used to temporarily store

radiation sources being transported); and

(VII) the screening of shipments to facilities that the

Commission determines to be particularly at risk for sabotage of

radiation sources to ensure that the shipments do not contain

explosives.

g. ACTION BY COMMISSION.-Not later than 60 days after the date

of receipt by Congress and the President of a report under subsection

f.(3)(B), the Commission, in accordance with the recommendations of the

task force, shall-

(1) take any action the Commission determines to be appropriate,

including revising the system of the Commission for licensing

radiation sources; and

(2) ensure that States that have entered into agreements with the

Commission under section 274b. take similar action in a timely

manner.

30 9

Sec. 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.

Deadline.

42 USC 2210i.

Procedures

"°Public Law 109-58 (119 Stat. 802), August 8, 2005, section 651(d)(1), added new section 170H.

131
Deadline.

42 USC 2210i

note.

42 USC 2210i

note.

42 USC 2210i

note.

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

170D 310 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.31

'

Chapter 15-Compensation For Private Property Acquired

Sec. 171. Just Compensation.

The United States shall make just compensation for any property or

interests therein taken or requisitioned pursuant to sections 43, 55,

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,314 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.

See. 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.

42 USC 2221.

Just

compensation.

42 USC 2222.

Condemnation

of real property.

40 USC 3113.

40 USC 3116,

3117,3118.

310

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 1701. 311

Public Law 109-58 (119 Stat. 813), August 8, 2005, section 656(a), added new section 1701.

"'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. 313

Public Law 88-489 (78 Stat. 602) (1964), section 17 added 55. 3t4

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."

132
42 USC 2223.

Patent

application

disclosures.

42 USC 2224.

Attorney

General

approval of

title.

40 USC 3111.

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 Claims31 5 or in any district court of the United States for the

district in which such claimant is a resident in a manner provided by

section 1346 of title 28 of the United States Code to recover such further

sum as added to such 75 per centum will constitute just compensation.

Sec. 174. Attorney General Approval Of Title.

All real property acquired under this Act shall be subject to the

provisions of section 355 of the Revised Statutes, as amended: Provided,

however, That real property acquired by purchase or donation, or other

means of transfer may also be occupied, used, and improved for the

purposes of this Act prior to approval of title by the Attorney General in

those cases where the President determines that such action is required in

the interest of the common defense and security

Chapter 16-Judicial Review And Administrative Procedure

Sec. 181. General.

The provisions of the Administrative Procedure Act (Public Law 404,

Seventy-ninth Congress, approved June 11, 1946) shall apply to all

agency action taken under this Act, and the terms "agency" and "agency

action" shall have the meaning specified in the Administrative Procedure

Act: Provided, however, That in the case of agency proceedings or actions

which involve Restricted Data, defense information, safeguards

information protected from disclosure under the authority of section

147316 or information protected from dissemination under authority of

section 148317 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.

42 USC 2231.

General.

3 "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." 316

public 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. 317

public 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."

133
42 USC 2232. Sec. 182. License Applications.

License a. Each application for a license hereunder shall be in writing and shall

applications, specifically state such information as the Commission, by rule or

regulation, may determine to be necessary to decide such of the technical

and financial qualifications of the applicant, the character of the applicant,

the citizenship of the applicant, or any other qualifications of the applicant

as the Commission may deem appropriate for the license. In connection

with applications for licenses to operate production or utilization facilities,

the applicant shall state such technical specifications, including

information of the amount, kind, and source of special nuclear material

required, the place of the use, the specific characteristics of the facility,

and such other information as the Commission may, by rule or regulation,

deem necessary in order to enable it to find that the utilization or

production of special nuclear material will be in accord with the common

defense and security and will provide adequate protection to the health

and safety of the public. Such technical specifications shall be a part of

any license issued. The Commission may at any time after the filing of the

original application, and before the expiration of the license, require

further written statements in order to enable the Commission to determine

whether the application should be granted or denied or whether a license

should be modified or revoked. All applications and statements shall be

signed by the applicant or licensee. Applications for, and statements made

in connection with, licenses under sections 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.318

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 disclosure3

'

9

Commercial c. The Commission shall not issue any license under section 103. for a

power. 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

31 "Public 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. 319

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.

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.

134
42 USC 2233.

Terms of

licenses.

42 USC 2234.

Inalienability

of licenses.

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. 320

d. The Commission, in issuing any license for a utilization or

production facility for the generation of commercial power under section

103, shall give preferred consideration to applications for such facilities

which will be located in high cost power areas in the United States if there

are conflicting applications for a limited opportunity for such license.

Where such conflicting applications resulting from limited opportunity for

such license include those submitted by public or cooperative bodies such

applications shall be given preferred consideration.

Sec. 183. Terms Of Licenses.

Each license shall be in such form and contain such terms and

conditions as the Commission may, by rule or regulation, prescribe to

effectuate the provisions of this Act, including the following provisions:

b.3 21 No right to the special nuclear material shall be conferred by the

license except as defined by the license.

c. Neither the license nor any right under the license shall be assigned

or otherwise transferred in violation of the provisions of this Act.

d. Every license issued under this Act shall be subject to the right of

recapture or control reserved by section 108, and to all of the other

provisions of this Act, now or hereafter in effect and to all valid rules and

regulations of the Commission.

Sec. 184. Inalienability Of Licenses.

No license granted hereunder and no right to utilize or produce special

nuclear material granted hereby shall be transferred, assigned or in any

manner disposed of, either voluntarily or involuntarily, directly or

indirectly, through transfer of control of any license to any person, unless

the Commission shall, after securing full information, find that the

transfer is in accordance with the provisions of this Act, and shall give its

consent in writing. The Commission may give such consent to the

creation of a mortgage, pledge, or other lien upon any facility or special

nuclear material, owned or thereafter acquired by a licensee, or upon

any leasehold or other interest to such facility,323 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.

32

°Public 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. 321

Public 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.". 322

Public Law 88-489 (78 Stat. 602) (1964), section 19, added "or special nuclear material." 323

Public Law 88-489 (78 Stat. 602) (1964), section 19, substituted the word "facility" for the word "property."

135
42 USC 2235.

Construction

permits.

42 USC 2236.

Revocation.

Sec. 185. Construction Permits And Operating Licenses.

a. All applicants for licenses to construct or modify production or

utilization facilities shall, if the application is otherwise acceptable to the

Commission, be initially granted a construction permit. The construction

permit shall state the earliest and latest dates for the completion of the

construction or modification. Unless the construction or modification of

the facility is completed by the completion date, the construction permit

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.(l)(A), the

Commission shall issue to the applicant a combined construction and

operating license if the application contains sufficient information to

support the issuance of a combined license and the Commission

determines that there is reasonable assurance that the facility will be

constructed and will operate in conformity with the license, the provisions

of this Act, and the Commission's rules and regulations. The Commission

shall identify within the combined license the inspections, tests, and

analyses, including those applicable to emergency planning, that the

licensee shall perform, and the acceptance criteria that, if met, are

necessary and sufficient to provide reasonable assurance that the facility

has been constructed and will be operated in conformity with the license,

the provisions of this Act, and the Commission's rules and regulations.

Following issuance of the combined license, the Commission shall ensure

that the prescribed inspections, tests, and analyses are performed and,

prior to operation of the facility, shall find that the prescribed acceptance

criteria are met. Any finding made under this subsection shall not require

a hearing except as provided in section 189a.(I)(B). 324 and NOTE.

Sec. 186. Revocation.

a. Any license may be revoked for any material false statement in the

application or any statement of fact required under section 182, or because

of conditions revealed by such application or statement of fact or any

report, record, or inspection or other means which would warrant the

Commission to refuse to grant a license on an original application, or for

failure to construct or operate a facility in accordance with the terms of

the construction permit or license or the technical specifications in the

application, or for violation of, or failure to observe any of the terms and

provisions of this Act or of any regulation of the Commission.

"4Public 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.(l)(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.

136
5 USC 558(b).

5 USC 551.

42 USC 2237.

Modification of

license.

42 USC 2238.

Continued

operation of

facilities.

42 USC 2239.

Hearings and

judicial review.

Federal

Register

Publication.

b. The Commission shall follow the provisions of section 9(b) of the

Administrative Procedure Act in revoking any license.

c. Upon revocation of the license, the Commission may immediately

retake possession of all special nuclear material held by the licensee. In

cases found by the Commission to be of extreme importance to the

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

Commission may recapture any special nuclear material held by the

licensee or may enter upon and operate the facility prior to any of the

procedures provided under the Administrative Procedures Act. Just

compensation shall be paid for the use of the facility.

Sec. 187. Modification Of License.

The terms and conditions of all licenses shall be subject to

amendment, revision, or modification, by reason of amendments of this

Act, or by reason of rules and regulations issued in accordance with the

terms of this Act.

Sec. 188. Continued Operation Of Facilities.

Whenever the Commission finds that the public convenience and

necessity or the production program of the Commission requires

continued operation of a production facility or utilization facility the

license for which has been revoked pursuant to section 186, the

Commission may, after consultation with the appropriate regulatory

agency, State or Federal, having jurisdiction, order that possession be

taken of and such facility be operated for such period of time as the public

convenience and necessity or the production program of the Commission

may, in the judgment of the Commission, require, or until a license for the

operation of the facility shall become effective. Just compensation shall

be paid for the use of the facility.

Sec. 189. Hearings And Judicial Review.

a. (1)(A) In any proceeding under this Act, for the granting,

suspending, revoking, or amending of any license or construction permit,

or application to transfer control, and in any proceeding for the issuance

or modification of rules and regulations dealing with the activities of

licensees, and in any proceeding for the payment of compensation, an

award, or royalties under section 153, 157, 186c., or 188, the Commission

shall grant a hearing upon the request of any person whose interest may be

affected by the proceeding, and shall admit any such person as a party to

such proceeding. The Commission shall hold a hearing after thirty days'

notice and publication once in the Federal Register, on each application

under section 103 or 104b. for a construction permit for a facility, and on

any application under section 104c. for a construction permit for a testing

facility. In cases where such a construction permit has been issued

following the holding of such a hearing, the Commission may, in the

absence of a request therefor by any person whose interest may be

affected, issue an operating license or an amendment to a construction

permit or an amendment to an operating license without a hearing, but

upon thirty days' notice and publication once in the Federal Register of its

intent to do so. The Commission may dispense with such thirty days'

notice and publication with respect to any application for an amendment

to a construction permit or an amendment to an operating license upon a

determination by the Commission that the amendment involves no

significant hazards consideration.325

325

Public Law 87-615 (76 Stat. 409) (1962), section 2, amended this section. Before amendment, it read:

SEC. 189. HEARINGS AND JUDICIAL REVIEW.-

137
(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

combined license have not been, or will not be met, and the

specific operational consequences of nonconformance that

would be contrary to providing reasonable assurance of

adequate protection of the public health and safety.

(iii) After receiving a request for a hearing under clause (i),

the Commission expeditiously shall either deny or grant the

request. If the request is granted, the Commission shall

determine, after considering petitioners' prima facie showing

and any answers thereto, whether during a period of interim

operation, there will be reasonable assurance of adequate

protection of the public health and safety. If the Commission

determines that there is such reasonable assurance, it shall

allow operation during an interim period under the combined

license.

(iv) The Commission, in its discretion, shall determine

appropriate hearing procedures, whether informal or formal

adjudicatory, for any hearing under clause (i), and shall state its

reasons therefor.

(v) The Commission shall, to the maximum possible extent,

render a decision on issues raised by the hearing request within

180 days of the publication of the notice provided by clause (i)

or the anticipated date for initial loading of fuel into the reactor,

whichever is later. Commencement of operation under a

combined license is not subject to subparagraph (A).326

(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

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 1'02-486 (106 Stat. 3120) added a subparagraph designator (A), to section 189a(1) and added a

new subsection (B)(i). 326Public 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.(I)(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.

138
Notice

publication.

Regulations

establishing

standards,

criteria,

and procedures.

42 USC 2239(b).

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.

(B) The Commission shall periodically (but not less frequently

than once every thirty days) publish notice of any amendments

issued, or proposed to be issued, as provided in subparagraph (A).

Each such notice shall include all amendments issued, or proposed

to be issued, since the date of publication of the last such periodic notice. Such notice shall, with respect to each amendment or

proposed amendment (i) identify the facility involved; and (ii)

provide a brief description of such amendment. Nothing in this

subsection shall be construed to delay the effective date of any

amendment.

(C) The Commission shall, during the ninety-day period

following the effective date of this paragraph, promulgate regulations establishing (i) standards for determining whether any

amendment to an operating license involves no significant hazards

consideration; (ii) criteria for providing or, in emergency

situations, dispensing with prior notice and reasonable opportunity

for public comment on any such determination, which criteria shall

take into account the exigency of the need for the amendment

involved; and (iii) procedures for consultation on any such

determination with the State in which the facility involved is

located.327

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. 328

327

Public Law 97-415 (96 Stat. 2067) (1983), section 12 amended section 189 by inserting (1) after subsection

ýa) designation and by adding at end thereof new paragraph (2)(A)(B)(C). 2 Public Law 104-134 (110 Stat. 1321-349), April 26, 1996, Title III, 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

139
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.329

Sec. 191. Atomic Safety And Licensing Board.

42 USC 2241. a. Notwithstanding the provisions of sections 7(a) and 8(a) of the

Atomic Safety Administrative Procedure Act, the Commission is authorized to establish

and Licensing one or more atomic safety and licensing boards, each comprised of three

Board members, one of whom shall be qualified in the conduct of administrative

5 USC 556. proceedings and two of whom shall have such technical or other

5 USC 557. qualifications as the Commission deems appropriate to the issues to be

decided, to conduct such hearings as the Commission may direct and

make such intermediate or final decisions as the Commission may

authorize with respect to the granting, suspending, revoking or amending

of any license or authorization under the provisions of this Act, any other

provision of law, or any regulation of the Commission issued

thereunder. 330

The Commission may delegate to a board such other regulatory

functions as the Commission deems appropriate. The Commission may

appoint a panel of qualified persons from which board members may be

selected.

b. Board members may be appointed by the Commission from private

life, or designated from the staff of the Commission or other Federal

agency. Board members appointed from private life shall receive a per

diem compensation for each day spent in meetings or conferences, and all

members shall receive their necessary traveling or other expenses while

engaged in the work of a board. The provisions of section 163 shall be

applicable to board members appointed from private life.33'

Sec. 192. Temporary Operating License.

42 USC 2242. a. In any proceeding upon an application for an operating license for a

Temporary utilization facility required to be licensed under section 103 or 104b. of

licensing this Act, in which a hearing is otherwise required pursuant to section

authority. 189a., the applicant may petition the Commission for a temporary

operating license for such facility authorizing fuel loading, testing, and

42 USC 2133. operation at a specific power level to be determined by the Commission,

42 USC 2134. pending final action by the Commission on the application. The initial

Initial petition. 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

amended (Ch. 1189, 64 Stat. 1129), and to the provisions of section 10 of the Administrative Procedure

329 Act, as amended. Section 190 was added by Public Law 87-206 (75 Stat. 475) (1961), section 16. 330

Public Law 91-560 (84 Stat. 1472) (1970), section 10, amended the first sentence of subsectionl91a. Before

amendment, it read as follows:

Notwithstanding the provisions of sections 7(a) and 8(a) of the Administrative Procedure Act, the

Commission is authorized to establish one or more atomic safety and licensing boards, each composed of

three members, two of whom shall be technically qualified and one of whom shall be qualified in the

conduct of administrative proceedings, to conduct such hearings as the Commission may direct and make

such intermediate or final decisions as the Commission may authorize with respect to the granting,

suspending, revoking or amending of any license or authorization under the provisions of this Act, any

other provision of law, or any regulation of the Commission issued hereunder.

33t

Section 191 was added by Public Law 87-615 (76 Stat. 409) (1962), section 1.

140
full thermal power. Following issuance by the Commission of the

temporary operating license for each such facility, the licensee may file

petitions with the Commission to amend the license to allow facility

operation in staged increases at specific power levels, to be determined by

the Commission, exceeding 5 percent of rated full thermal power. The

initial petition for a temporary operating license for each such facility may

be filed at any time after the filing of (1) the report of the Advisory

Committee on Reactor Safeguards required by section 182b.; (2) the filing

of the initial Safety Evaluation Report by the Nuclear Regulatory

Commission staff and the Nuclear Regulatory Commission staff's first

supplement to the report prepared in response to the report of the

Advisory Committee on Reactor Safeguards for the facility; (3) the

Nuclear Regulatory Commission staff's final detailed statement on the

environmental impact of the facility prepared pursuant to section

102(2)(C) of the National Environmental Policy Act of 1969 (42 USC

4332(2)(C)); and (4) a State, local, or utility emergency preparedness plan

for the facility. Petitions for the issuance of a temporary operating license,

Affidavits. or for an amendment to such a license allowing operation at a specific

power level greater than that authorized in the initial temporary operating

license, shall be accompanied by an affidavit or affidavits setting forth the

specific fact upon which the petitioner relies to justify issuance of the

temporary operating license or the amendment thereto. The Commission

Publication in shall publish notice of each such petition in the Federal Register and in

Federal such trade or news publications as the Commission deems appropriate to

Register. 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

transmittal 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

141
Judicial review.

28 USC 2341

et seq.

Hearing.

Infra.

on Natural Resources and on 332 Energy and Commerce of the House of

Representatives and the Committee on Environment and Public Works of

the Senate. The final order of the Commission with respect to the issuance

or amendment of a temporary operating license shall be subject to judicial

review pursuant to chapter 158 of title 28, United States Code. The

requirements of section 189a. of this Act with respect to the issuance or

amendment of facility licenses shall not apply to the issuance or

amendment of a temporary operating license under this section.

c. Any hearing on the application for the final operating license for a

facility required pursuant to section 189a. shall be concluded as promptly

as practicable. The Commission shall suspend the temporary operating

license if it finds that the applicant is not prosecuting the application for

the final operating license with due diligence. Issuance of a temporary

operating license under subsection b. of this section shall be without

prejudice to the right of any party to raise any issue in a hearing required

pursuant to section 189a; and failure to assert any ground for denial or

limitation of a temporary operating license shall not bar the assertion of

such ground in connection with the issuance of a subsequent final

operating license. Any party to a hearing required pursuant to section

189a. on the final operating license for a facility for which a temporary

operating license has been issued under subsection b., and any member of

the Atomic Safety and Licensing Board conducting such hearing, shall

promptly notify the Commission of any information indicating that the

terms and conditions of the temporary operating license are not being met,

or that such terms and conditions are not sufficient to comply with the

provisions of paragraph (2) of subsection b.

d. The Commission is authorized and directed to adopt such

administrative remedies as the Commission deems appropriate to

minimize the need for issuance of temporary operating licenses pursuant

to this section.

332 Public Law 103-437 (108 Stat. 4581) (1994), section 15 (f)(5) struck "Interior and Insular Affairs and" and

substituted "Natural Resources and on".

142
Expiration date.

42 USC 2243.

Federal Register,

publication.

e. The authority to issue new temporary operating licenses under this

section shall expire on December 31, 1983.333

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

license for the construction and operation of a uranium enrichment

facility is completed.

(b) Adjudicatory Hearing.-

(1) In General.-The Commission shall conduct a single

adjudicatory hearing on the record with regard to the licensing of the

construction and operation of a uranium enrichment facility under

sections 53 and 63.

(2) Timing.-Such hearing shall be completed and a decision issued

before the issuance of a license for such construction and operation.

(3) Single Proceeding.-No further Commission licensing action

shall be required to authorize operation.

(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.

133Section 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 Licenses.-

a. In an proceeding upon an application for an operating license for a nuclear power reactor, in which

a hearing is otherwise required pursuant to section 189a., the applicant may petition the Commission for a

temporary operating license authorizing operation of the facility pending final action by the Commission on

the application. Such petition may be filed at any time after filing of: (1) the report of the Advisory

Committee on Reactor Safeguards required by subsection 182b.; (2) the safety evaluation of the application

by the Commission's regulatory staff; and (3) the regulatory staff's final detailed statement on the

environmental impact of the facility prepared pursuant to section 102(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, 1971, if the regulatory staffs final detailed statement required under section 102(2)(C) is not

completed, the Commission must satisfy the applicable requirements of the National Environmental Policy

Act prior to issuing any temporary operating license under this section 192. The petition shall be

accompanied by an affidavit or affidavits setting forth the facts upon which the petitioner relies to justify

issuance of the temporary operating license. Any party to the proceeding may file affidavits in support of,

or opposition to, the petition within fourteen days subject to judicial review pursuant to the Act of

December 29, 1950, as amended (Ch. 1189, 64 Stat. 1129).

c. The hearing on the application for the final operating license otherwise required pursuant to section

189a. shall be concluded as promptly as practicable. The Commission shall vacate the temporary operating

license if it finds that the applicant is not prosecuting the application for the final operating license with due

diligence. Issuance of a temporary operating license pursuant to subsection b. of this section shall be

without prejudice to the position of any party to the proceeding in which a hearing is otherwise required

pursuant to section 189a.; and failure to assert any ground for denial or limitation of a temporary operating

license shall not bar the assertion of such ground in connection with the issuance of a subsequent final

operating license.

d. The authority under this section shall expire on October 30, 1973.

143
Claims. (d) Insurance and Decommissioning.-"(1) The Commission shall

Nuclear require, as a condition of the issuance of a license under sections 53 and

materials. 63 for a uranium enrichment facility, that the licensee have and maintain

liability insurance of such type and in such amounts as the Commission

judges appropriate to cover liability claims arising out of any occurrence

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

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

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

toxic, explosive, or other hazardous properties of chemical compounds

containing source or special nuclear material.

(2) The Commission shall require, as a condition for the issuance

of a license under sections 53 and 63 for a uranium enrichment

facility, that the licensee provide adequate assurance of the availability

of funds for the decommissioning (including decontamination) of such

facility using funding mechanisms that may include, but are not

necessarily limited to, the following:

(A) Prepayment (in the form of a trust, escrow account,

government fund, certificate of deposit, or deposit of government

securities).

(B) Surety (in the form of a surety or performance bond, letter

of credit, or line of credit), insurance, or other guarantee (including

parent company guarantee) method.

(C) External sinking fund in which deposits are made at least

annually.

(e) No Price-Anderson Coverage.-Section 170 of this Act shall not

apply to any license under section 53 or 63 for a uranium enrichment

facility constructed after the date of enactment of this section.3 34

(f) LIMITATION.-No license or certificate of compliance may be

issued to the United States Enrichment Corporation or its successor under

this section or section 53, 63, or 1701, if the Commission determines that335

(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 336)

334

Public Law 101-575 (104 Stat. 2835) (1990), added new section 193.

"'Public Law 104-134 (110 Stat. 1321-349), April 26, 1996, Title III, Ch. I, Subch. A, section 3116(b)(2),

added subsection (f). 3

1

6

Public Law 95-110 (91 Stat. 884) (1977), which added chapter 20, repealed chapter 17, which read as

follows:

JOINT COMMITTEE ON ATOMIC ENERGY

Sec. 201. Membership.-There is hereby established a Joint Committee on Atomic Energy to be composed

of nine Members of the Senate to be appointed by the President of the Senate, and nine Members of the House

of 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

144
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

Senate, and the members of the Joint Committee who are Members of the House of Representatives shall from

time to time report to the House, by bill or otherwise, their recommendations with respect to matters within the

jurisdiction of their respective Houses which are referred to the Joint Committee or otherwise within the

jurisdiction of the Joint Committee.

b. The members of the Joint Committee who are Members of the Senate and the Members of the Joint

Committee who are Members of the House of Representatives shall, on or before June 30 of each year, report to

their respective Houses on the development, use, and control of nuclear energy for the common defense and

security and for peaceful purposes. Each report shall provide facts and information available to the Joint

Committee concerning nuclear energy which will assist the appropriate committees of the Congress and

individual members in the exercise of informed judgment on matters of weaponry; foreign policy; defense;

international trade; and in respect to the expenditure and appropriation of Government revenues. Each report

shall be presented formally under circumstances which provide for clarification and discussion by the Senate

and the House of Representatives. In recognition of the need for public understanding, presentations of the

reports shall be made to the maximum extent possible in open session and by means of unclassified written

materials.

Sec. 203. Chairman.-Vacancies in the membership of the Joint Committee shall not affect the power of the

remaining members to execute the functions of the Joint Committee, and shall be filled in the same manner as in

the case of the original selection. The Joint Committee shall select a Chairman and a Vice Chairman from

among its members at the beginning of each Congress. The Vice Chairman shall act in the place and stead of

the Chairman in the absence of the Chairman. The Chairmanship shall alternate between the Senate and the

House of Representatives with each Congress, and the Chairman shall be selected by the Members from that

House entitled to the Chairmanship. The Vice Chairman shall be chosen from the House other than that of the

Chairman by the Members from that House.

Sec. 204 Powers.-In carrying out its duties under this Act, the Joint Committee, or any duly authorized

subcommittee thereof, is authorized to hold such hearings or investigations, to sit and act at such places and

times to require, by subpoena or otherwise, the attendance of such witnesses and the production of such books,

papers, and documents, to administer such oaths, to take such testimony, to procure such printing and binding,

and to make such expenditures as it deems advisable. The Joint Committee may make such rules respecting its

organization and procedures as it deems necessary: Provided, however, That no measure or recommendation

shall be reported from the Joint Committee unless a majority of the committee assent. Subpoenas may be

issued over the signature of the Chairman of the Joint Committee or by any member designated by him or by

the Joint Committee, and may be served by such person or persons as may be designated by such Chairman or

member. The Chairman of the Joint Committee or any member thereof may administer 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 cany

firearms while in the discharge of their official duties for the committee.

Sec. 206. Classification of Information.-- The Joint Committee may classify information originating within

the committee in accordance with standards used generally by the executive branch for classifying Restricted

Data or defense information.

145
Chapter 18-Enforcement

42 USC 2271.

General

provisions.

42 USC 2272.

Violation of

specific

sections.

Sec. 221. General Provisions.

a. To protect against the unlawful dissemination of Restricted Data

and to safeguard facilities, equipment, materials, and other property of the

Commission, the President shall have authority to utilize the services of

any Government agency to the extent he may deem necessary or desirable.

b. The Federal Bureau of Investigation of the Department of Justice

shall investigate all alleged or suspected criminal violations of this Act.

c. No action shall be brought against any individual or person for any

violation under this Act unless and until the Attorney General of the

United States has advised the Commission with respect to such action and

no such action shall be commenced except by the Attorney General of the

United States, And provided further, that nothing in this subsection shall

be construed as applying to administrative action taken by the

Commission.

337

Sec. 222. Violations Of Specific Sections.

a. Whoever willfully violates, attempts to violate, or conspires to

violate, any provisions of section 57 or 101, or whoever unlawfully

interferes, attempts to interfere, or conspires to interfere with any

recapture or entry under section 108, shall, upon conviction thereof, be

punished by a fine of not more than $10,000 or by imprisonment for not

more than ten years, or both, except that whoever commits such an

offense with intent to injure the United States or with intent to secure an

advantage to any foreign nation shall, upon conviction thereof, be

punished by imprisonment for life, or by imprisonment for any term of

years or a fine of not more than $20,000 or both.339

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

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). 337

"Public Law 101-647 (104 Stat. 4789), section 1211, deleted :

"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,". 335

"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. 339

"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 or a fine of not more than $20,000 or both" in

lieu of "death or imprisonment for life (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".

146
42 USC 2273.

Violation of

sections

generally.

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." .

340

Sec. 223. Violation Of Sections Generally.

a. Whoever 341 willfully violates, attempts to violate, or conspires to

violate, any provision of this Act for which no criminal 342 penalty is

specifically provided or of any regulation or order prescribed or issued

under section 65 or subsection 161 b., i., or o,34 3 shall, upon conviction

thereof, be punished by a fine of not more than $5,000 or by

imprisonment for not more than two years, or both, except that whoever

commits such as offense with intent to injure the United States or with

intent to secure an advantage to any foreign nation, shall, upon conviction

thereof, be punished by a fine of not more than $20,000 or by

imprisonment for not more than twenty years, or both.

b. Any individual director, officer, or employee of a firm constructing,

or supplying the components of any utilization facility required to be

licensed under section 103 or 104b. of this Act who by act or omission, in

connection with such construction or supply, knowingly and willfully

violates or causes to be violated, any section of this Act, any rule,

regulation, or order issued thereunder, or any license condition, which

violation results, or if undetected could have resulted, in a significant

impairment of a basic component of such a facility shall, upon conviction,

be subject to a fine of not more than $25,000 for each day of violation, or

to imprisonment not to exceed two years, or both. If the conviction is for a

violation committed after a first conviction under this subsection,

punishment shall be a fine of not more than $50,000 per day of violation,

or imprisonment for not more than two years, or both. For the purposes of

this subsection, the term "basic component" means a facility structure,

system, component or part thereof necessary to assure-

(1) the integrity of the reactor coolant pressure boundary,

(2) the capability to shut-down the facility and maintain it in a safe

shut-down condition, or

(3) the capability to prevent or mitigate the consequences of

accidents which could result in an unplanned offsite release of

quantities of fission products in excess of the limits established by the

Commission.

The provisions of this subsection shall be prominently posted at each

site where a utilization facility required to be licensed under section 103

or 104b. of the Act is under construction and on the premises of each plant

where components for such a facility are fabricated.

c. 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

Basic

component.

42 USC 2133.

42 USC 2134.

Contracts.

341

°Public Law 108-458 (118 Stat. 3771), Dec. 17,2004 added new section "b.". 34

"Public Law 96-295 (94 Stat. 786)(1980), section 203, designated the existing paragraph as subsection a. 34 2

Public Law 91-161 (83 Stat. 444)(1969), section 6, amended section 223 by adding the word "criminal"

before the word "penalty." 343

Public 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 "o."

147
42 USC 2274.

Communication

of restricted

data.

42 USC 2275.

Receipt of

restricted data.

42 USC 2276.

Tampering

with restricted

data.

issued thereunder by the Secretary of Energy (or expressly incorporated

by reference by the Secretary for purposes of nuclear safety, except any

rule, regulation, or order issued by the Secretary of Transportation), which

violation results in or, if undetected, would have resulted in a nuclear

incident as defined in subsection 11 q. 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.344

Sec. 224. Communication Of Restricted Data.

Whoever, lawfully or unlawfully, having possession of, access to,

control over, or being entrusted with any document, writing, sketch,

photograph, plan, model, instrument, appliance, note, or information

involving or incorporating Restricted 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;

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.345

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.346

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

3

"Public 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. 34

.Public Law 79-585, August 1, 1946, Title I, section 224; Public Law 83-703 (68 Stat. 958), August 30, 1954,

section 1; 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(a)(8) (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 I (Div, A, title X, Title X, section 1087(g)(9). 346

Public Law 106-65 (113 Stat. 938), October 30, 2000, Div. C, Title XXXI, Subtitle G, section 3148(b), as

amended.

148
42 USC 2277.

Disclosure of

restricted data.

42 USC 2278.

Statute of

limitations.

42 USC 2278a.

Trespass on

Commission

installations.

special nuclear material, shall be punished by imprisonment for life, or by

imprisonment for any term of years or a fine of not more than $20,000 or

both.

Sec. 227. Disclosure Of Restricted Data.

Whoever, being or having been an employee or member of the

Commission, a member of the Armed Forces, an employee of any agency

of the United States, or being or having been a contractor of the

Commission or of an agency of the United States, or being or having been

an employee of a contractor of the Commission or of an agency of the

United States, or being or having been a licensee of the Commission, or

being or having been an employee of a licensee of the Commission,

knowingly communicates, or whoever conspires to communicate or to

receive, any Restricted Data, knowing or having reason to believe that

such data is Restricted Data, to any person not authorized to receive

Restricted Data pursuant to the provisions of this Act or under rule or

regulation of the Commission issued pursuant thereto, knowing or having

reason to believe such person is not so authorized to receive Restricted

Data shall, upon conviction thereof, be punishable by a fine of not more

than $12,500."47

Sec. 228. Statute Of Limitations.

Except for a capital offense, no individual or person shall be

prosecuted, tried, or punished for any offense prescribed or defined in

sections 224 to 226, inclusive, of this Act, unless the indictment is found

or the information is instituted within ten years next after such offense

shall have been committed.

Sec. 229. Trespass On Commission Installations. 3 4

1

a.(1) The Commission is authorized to issue regulations relating to the

entry upon or carrying, transporting, or otherwise introducing or causing

to be introduced any dangerous weapon, explosive, or other dangerous

instrument or material likely to produce substantial injury or damage to

persons or property, into or upon any facility, installation, or real property

subject to the jurisdiction, administration, in the custody of the

Commission, or subject to the licensing authority of the Commission or

certification by the Commission under this chapter or any other Act,

(2) Every such regulation of the Commission shall be posted

conspicuously at the location involved.349

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.

347

Public Law 106-65 (113 Stat. 938), Oct 5, 1999, Div. C., Title XXXI, Subtitle G, section 3148(a),

lsubstituted $12,500 for $2,500). 4

8

Public Law 84-1006 (70 Stat. 1069) (1956), section 6, added a new section 229. 349

Public Law 109-58 (119 Stat. 812), August 8, 2005, section 654(3)(B), designated the second sentence of

subsection (a) as paragraph (2).

149
42 USC 2278b.

Photographing

of Commission

installations.

42 USC 2279.

Other laws.

42 USC 2280.

Injunction

proceedings.

42 USC 2281.

Contempt

proceedings.

Sec. 230. Photographing, Etc., Of Commission

Installations.

It shall be an offense, punishable by a fine of not more than $1,000 or

imprisonment for not more than one year, or both- 350

(1) to make any photograph, sketch, picture, drawing, map or

graphical representation, while present on property subject to the

jurisdiction, administration or in the custody of the Commission, of

any installations or equipment designated by the President as requiring

protection against the general dissemination of information relative

thereto, in the interest of the common defense and security, without

first obtaining the permission of the Commission, and promptly

submitting the product obtained to the Commission for inspection or

such other action as may be deemed necessary; or

(2) to use or permit the use of an aircraft or any contrivance used,

or designed for navigation or flight in air, for the purpose of making a

photograph, sketch, picture, drawing, map or graphical representation

of any installation or equipment designated by the President as

provided in the preceding paragraph, unless authorized by the

Commission.

See. 231. Other Laws.

Sections 224 to 230 shall not exclude the applicable provisions of any

other laws.35

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.352

Sec. 233. Contempt Proceedings.

In case of failure or refusal to obey a subpoena served upon any

person pursuant to subsection 161 c., 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.35 3

3

3

5 Public Law 84-1006 (70 Stat. 1069) (1956), section 6, added a new section 230. 35'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.".

...Public Law 84-1006 (70 Stat. 1069) (1956), section 6, renumbered former sections 230 and 231 to sections

232 and 233, respectively.

... Public Law 84-1006 (70 Stat. 1069) (1956), section 6, renumbered former sections 230 and 231 to sections

232 and 233, respectively.

150
Sec. 234. Civil Monetary Penalties For Violations Of

Licensing Requirements.

42 USC 2282. a.35 4 Any person who (1) violates any licensing or certification355

provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or

42 USC 2073. 1701 or any rule, regulation, or order issued thereunder, or any term,

42 USC 2077. condition, or limitation of any license or certification issued thereunder, or

42 USC 2092. (2) commits any violation for which a license may be revoked under

42 USC 2093. section 186, shall be subject to a civil penalty, to be imposed by the

42 USC 2111. Commission, of not to exceed $100,000356 for each such violation.3 7 If

42 USC 2112. any violation is a continuing one, each day of such violation shall

42 USC 2131. constitute a separate violation for the purpose of computing the applicable

42 USC 2133. civil penalty. The Commission shall have the power to compromise,

42 USC 2134. mitigate, or remit such penalties.

42 USC 2137. b. Whenever the Commission has reason to believe that a person has

42 USC 2139. become subject to the imposition of a civil penalty under the provisions of

42 USC 2236. this section, it shall notify such person in writing (1) setting forth the date,

Civil penalties. 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 section, rule, 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

354

Public Law 100-408 (102 Stat. 1066) (1988), section 17 added section 234A. Public Law 91-161 (83 Stat.

444) (1069), section 4, added section 234.

"I Public Law 104-134, (110 Stat. 1321) (1996), section 416, amended section 234 in the first sentence, by

substituting "any licensing or certification provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or

1701" for "any licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109," and "any

license or certification issued thereunder" for "any license issued thereunder."

356

The NRC by rulemaking periodically enlarges this number to account for inflation pursuant to the Federal

Civil Penalties Act of 1990, as amended. The current number is $140,000. 73 Fed. Reg. 54671 (September 23,

2008). 357

Public 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.

151
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 degree 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

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.

Courts, U.S. (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).

Courts, U.S. (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.

"'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."

152
Courts, U.S.

Schools and

colleges.

Corporations.

42 USC 2283.

42 USC 2133.

42 USC 2134.

(C) Any election to have this paragraph apply may not be

revoked except with consent of the Secretary.

(4) If any person fails to pay an assessment of a civil penalty after

it has become a final and unappealable order under paragraph (2), or

after the appropriate district court has entered final judgment in favor

of the Secretary under paragraph (3), the Secretary shall institute an

action to recover the amount of such penalty in any appropriate district

court of the Untied States. In such action, the validity and

appropriateness of such final assessment order or judgment shall not

be subject to review.

d. (1) Notwithstanding subsection a., in the case of any not-for-profit

contractor, subcontractor, or supplier, the total amount of civil penalties

paid under subsection a. may not exceed the total amount of fees paid

within any 1-year period (as determined by the Secretary) under the

contract under which the violation occurs.

(2) For purposes of this section, the term 'not-for-profit' means

that no part of the net earning of the contractor, subcontractor, or

supplier inures to the benefit of any natural person or for-profit

artificial person.359.

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

..9Public 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, Title 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 (4L

U.S.C. 2011 et seq.) occurring under a contract entered into before the date of enactment of this section ".

153
subsection a. of this section, while such person is engaged in such

inspection duties or on account of the performance of such duties, shall be

punished as provided under section 111 of title 18, United States Code. 360

Sec. 236. Sabotage Of Nuclear Facilities Or Fuel.

42 USC 2284. a. Any person who knowingly361 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,I any nuclear fuel for a utilization facility licensed under this

Act, or any spent nuclear fuel from such a facility;

(4) any uranium enrichment, uranium conversion, or nuclear fuel

fabrication facility licensed or certified363 by the Nuclear Regulatory

Commission;

(5) any production, utilization, waste storage, waste treatment,

waste disposal, uranium enrichment, uranium conversion, or nuclear

fuel fabrication facility subject to licensing or certification under this

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;364

Penalties. or attempts or conspires to do such an act, shall be fined not more than

$10,000 or imprisoned for not more than 20 years, or both, and, if death

results to any person, shall be imprisoned for any term of years or for life.

b. Any person who knowingly 365 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.366

360

Public Law 96-295 (94 Stat. 786) (1980), section 202, added new section 235. 361

Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655. 36 2

Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655, amended paragraph 3 by deleting

"such a utilization facility" and inserting "a utilization facility licensed under this act".

3

63

Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655, added "uranium conversion and

nuclear fuel fabrication facilities" to this paragraph. 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 I1, 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(a)(8); Public Law 107-56 (115 Stat. 380, 381), October 26,

2001, Title VIII, section 810(f), 811 (h). 364Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655, added paragraphs (5), (6) and (7) to

subsection a. of section 236. 3

15Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655, changed "intentionally and

willfully" to "knowingly" in section 236. 3

6Public Law 107-56 (115 Stat. 380, 381), October 26, 2001, Title VIII, section 810(f), 81 l(h).

154
42 USC 2015.

Transfer of

property.

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. 67

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.368

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

Commission, that shall be not less than 1 time and not more than 3

times the period for which the assistance was provided; and

36 7

Aug. 30, 1954, Chapter 1073, Title I, Ch. 19, section 241, 68 Stat. 960; Oct. 24, 1992, Public Law 102-486

106 Stat. 2944), Title IX, section 902(a)(8). 6

1Public Law 107-222 (116 Stat. 1336), August 21, 2002, Energy Policy Act of 1992 [Thorium Reimbursement

Program Authorization].

155
(D) if the recipient fails to meet the requirements of

subparagraph (A), (B), or (C), reimburse the United States

Government for-

(i) the entire amount of the assistance provided the recipient

under the scholarship or fellowship; and

(ii) interest at a rate determined by the Commission.

(2) WAIVER OR SUSPENSION.-The Commission may establish

criteria for the partial or total waiver or suspension of any obligation

of service or payment incurred by a recipient of a scholarship or

fellowship under this section.

d. COMPETITIVE PROCESS.-Recipients of scholarships or

fellowships under this section shall be selected through a competitive

process primarily on the basis of academic merit and such other criteria as

the Commission may establish, with consideration given to financial need

and the goal of promoting the participation of individuals identified in

section 33 or 34 of the Science and Engineering Equal Opportunities Act

(42 U.S.C. 1885a, 1885b.).

e. DIRECT APPOINTMENT.-The Commission may appoint directly,

with no further competition, public notice, or consideration of any other

potential candidate, an individual who has-

(1) received a scholarship or fellowship awarded by the

Commission under this section; and

(2) completed the academic program for which the scholarship or

fellowship was awarded.369

Sec. 244. Partnership Program With Institutions Of

Higher Education.

a. DEFINITIONS.-In this section:

(1) HISPANIC-SERVING INSTITUTION.-The term 'Hispanicserving institution' has the meaning given the term in section 502(a) of

the Higher Education Act of 1965 (20 U.S.C. 110 1a(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-

(I) to educate and train students (including present or potential

employees of the Commission); and

(2) to conduct research in the field of science, engineering, or law,

or any other field that the Commission determines is important to the

work of the Commission. 370

42 USC 2015c.

369Public Law 109-58 (119 Stat. 182), August 8, 2005, section 622.

3"Public Law 109-58 (119 Stat. 802), August 8, 2005, Title VI, section 651(cX4).

156
42 USC 2016.

Report to

Congress.

42 USC 2017.

Sec. 251. Report To Congress. [Repealed]

The Commission shall submit to the Congress, in January371 of each

year, a report concerning the activities of the Commission. The

Commission shall include in such report, and shall at such other times as

it deems desirable submit to the Congress, such recommendationsfor

additional legislation as the Commission deems necessary or desirable.

Sec. 261. Appropriations.

a.372 No appropriation 373 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. 374

b. Any Act appropriating funds to the Commission may appropriate

specified portions thereof to be accounted for upon the certification of the

Commission only.

"'This section (Act Aug. 30, 1954, Ch 1073, title 1, 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), (11I Stat.

2042). It provided for a report to Congress on the activities of the Atomic Energy Commission.

rePublic Law 88-72 (77 Stat. 84) (1963), section 107, the AEC Fiscal Year 1964 Authorization Act, amended

section 261. Before amendment this section read as follows:

Sec. 261. APPROPRIATIONS--

a. There are hereby authorized to be appropriated such sums as may be necessary and appropriate to

carry out the provisions and purposes of this Act, except--

(1) Such as may be necessary for acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction or expansion: Provided, That for the purposes of this

subsection a., any nonmilitary experimental reactor which is designed to produce more than 10,000

thermal kilowatts of heat (except for intermittent excursions) or which is designed to be used in the

production of electric power shall be deemed to be a facility.

(2) Such as may be necessary to carry out cooperative programs with persons for the development

and construction of reactors for the demonstration of their use, in whole or in part, in the production of

electric power or process heat, or for propulsion, or solely or principally for the commercial provision

of byproduct material, irradiation, or other special services, for civilian use, by arrangements

(including contracts, agreements, and loans) or amendments thereto, providing for the payment of

funds, the rendering of services, and the undertaking of research and development without full

reimbursement, the waiver of charges accompanying such arrangement, or the provision by the

Commission of any other financial assistance pursuant to such arrangement, or which involves the

acquisition or condemnation of any real property or any facility or for plant or facility acquisition,

construction or expansion undertaken by the Commission as a part of such arrangements.

b. The acts appropriating such sums may appropriate specified portions thereof to be accounted for

upon the certification of the Commission only.

c. Funds are hereby authorized to be appropriated for advance planning, construction design, and

architectural services in connection with any plant or facility not otherwise authorized, and for the

restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the

Commission is authorized to use available funds for such purposes.

d. Funds hereafter authorized to be appropriated for any project to be used in connection with the

development or production of special nuclear material or atomic weapons may be used to start another

project not otherwise authorized. If the substituted project is within the limit of cost of the project for

which substitution is to be made, and the Commission certifies that-

(1) the substituted project is essential to the common defense and security;

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

operations; and

(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to

furnish from a privately owned plant or facility the product or services to be provided by the new

project. Subsections c. and d. added by Public Law 87-615 (76 Stat. 409), section 8. For previous

amendments of this section see "Atomic Energy Legislation Through 87th Congress, 2nd Session,"

p.79. 3

"Excerpts from legislation appropriating funds to the Atomic Energy Commission are set forth in Appendix 5.

"

4Legislation authorizing appropriations to the Commission is set forth in Part II, Infra.

157
42 USC 2018.

Agency

jurisdiction.

42 USC 2019.

Applicability of

Federal Power

Act.

42 USC 2020.

Licensing of

Government

agencies.

42 USC 2021.

Cooperation

with States.

c. Notwithstanding the provisions of subsection a., funds are hereby

authorized to be appropriated for the restoration or replacement of any

plant or facility destroyed or otherwise seriously damaged, and the

Commission is authorized to use available funds for such purposes.

d. Funds authorized to be appropriated for any construction project to

be used in connection with the development or production of special

nuclear material or atomic weapons may be used to start another

construction project not otherwise authorized if the substituted

construction project is within the limit of cost of the construction project

for which substitution is to be made, and the Commission certifies that-

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

security;

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

characteristics or weapon logistics operations; and

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

person on terms satisfactory to it to furnish from a privately owned

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

project.

Sec. 271. Agency Jurisdiction.

Nothing in this Act shall be construed to affect the authority or

regulations of any Federal, State, or Local agency with respect to the

generation, sale, or transmission of electric power produced through the

use of nuclear facilities licensed by the Commission: Provided, That this

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

agency any authority to regulate, control, or restrict any activities of the

Commission.375

Sec. 272. Applicability Of Federal Power Act.

Every licensee under this Act who holds a license from the

Commission for a utilization of production facility for the generation of

commercial electric energy under section 103 and who transmits such

electric energy in interstate commerce or sells it as wholesale in interstate

commerce shall be subject to the regulatory provisions of the Federal

Power Act.

Sec. 273. Licensing Of Government Agencies.

Nothing in this Act shall preclude any Government agency now or

hereafter authorized by law to engage in the production, marketing, or

distribution of electric energy from obtaining a license under section 103,

if qualified under the provisions of section 103, for the construction and

operation of production of utilization facilities for the primary purpose of

producing electric energy for disposition for ultimate public consumption.

Sec. 274. Cooperation With States.

a.3 76 It is the purpose of this section-

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

atomic energy, and to clarify the respective responsibilities under this

Act of the States and the Commission with respect to the regulation of

byproduct, source, and special nuclear materials;

171Public Law 89-135 (79 Stat. 551) (1965), amended section 271. Prior to amendment, this section read as

follows:

Sec. 271. AGENCY JURISDICTION-Nothing in this Act shall be construed to affect the authority or

regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of

electric power. 376

Public Law 86-373 (73 Stat. 688) (1959), section 1, added section 274.

158
(2) to recognize the need, and establish programs for cooperation

between the States and the Commission with respect to control of

radiation, hazards associated with use of such materials;

(3) to promote an orderly regulatory pattern between the

Commission and State governments with respect to nuclear

development and use and regulation of byproduct, source, and special

nuclear materials;

(4) to establish procedures and criteria for discontinuance of

certain of the Commission's regulatory responsibilities with respect to

byproduct, source, and special nuclear materials, and the assumption

thereof by the States;

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

standards for the guidance of Federal agencies and cooperation with

the States; and

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

regulate effectively such materials, additional legislation may be

desirable.

Agreements b. Except as provided in subsection c., the Commission is authorized

with States. to enter into agreements with the Governor of any State providing for

discontinuance of the regulatory authority of the Commission under

Chapters 6, 7, and 8, and section 161 of this Act, with respect to any one

or more of the following materials within the State:

(1) Byproduct materials (as defined in section 1 le.).

(2) Source materials;

(3) Special nuclear materials in quantities not sufficient to form a

critical mass.

377

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;,7

(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

42 USC 2014. 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 I1 e.(2). 79

"

77

Public Law 109-58 (119 Stat. 807), August 8, 2005, Title VI, section 651(e)(2), revised paragraph (1), and

renumbered paragraphs (3) and (4) of section 274b. as paragraphs (2) and (3). 3

1

7 Public Law 102-486 (106 Stat. 2944), Oct. 24, 1992.

g

79

Public Law 95-604 (92 Stat. 3038) (1978), section 204(0, added a new sentence after paragraph (4).

159
Conditions.

Publication in

Federal

Register.

Exemptions.

Licensing

requirements.

Federal

Radiation

Council.

Notwithstanding any agreement between the Commission and any State

pursuant to subsection b., the Commission is authorized by rule,

regulation, or order to require that the manufacturer, processor, or

producer of any equipment, device, commodity, or other product

containing source, byproduct, or special nuclear material shall not transfer

possession or control of such product except pursuant to a license issued

by the Commission.

d. The Commission shall enter into an agreement under subsection b.

of this section with any State if-

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

for the control of radiation hazards adequate to protect the public

health and safety with respect to the materials within the State covered

by the proposed agreement, and that the State desires to assume

regulatory responsibility for such materials; and

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

with the requirements of subsection o. and in all other respects 380

compatible with the Commission's program for regulation of such

materials, and that the State program is adequate to protect the public

health and safety with respect to the materials covered by the proposed

agreement.

e. (1) Before any agreement under subsection b. is signed by the

Commission, the terms of the proposed agreement and of proposed

exemptions pursuant to subsection f. shall be published once each week

for four consecutive weeks in the Federal Register; and such opportunity

for comment by interested persons on the proposed agreement and

exemptions shall be allowed as the Commission determines by regulation

or order to be appropriate.

(2) Each proposed agreement shall include the proposed effective

date of such proposed agreement or exemptions. The agreement and

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,381

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

3

"Public 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." 3

SReorganization Plan No. 3 of 1970 abolished the Federal Radiation Council and transferred its functions to

the Administrator of the Environmental Protection Agency.

160
Inspections.

Termination of

agreement.

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 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)382 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 ote83 its agreement with

the State and reassert the licensing and regulatory4 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. 385

(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.

..2Public Law 96-295 (94 Stat. 787) (1980), section 205, inserted "(I)" afterj.

"3Public Law 95-604 (92 Stat. 3037) (1978), section 204(d)(1), amended section 274j by adding the words "all

or part of" after "suspend."

1"Public Law 95-604 (92 Stat. 3037) (1978), section 204(d)(2), amended section 274j by inserting "(1)" after

"finds that."

"' 5Public 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.

161
A temporary suspension under this paragraph shall remain in effect

only for such time as the emergency situation exists and shall authorize

the Commission to exercise its authority only to the extent necessary to

contain or eliminate the danger.38 6

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.

Notice of 1. With respect to each application for Commission license authorizing

filing, 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 16 lb. or i.; to issue rules, regulations, or

orders to protect the common defense and security, to protect restricted

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

For purposes of subsection 161 i., 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.

Definition. 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

Agreement. District of Columbia. As used in this section the term "agreement"

includes any amendment to any agreement.39

o. In the licensing and regulation of byproduct material, as defined in

section lIe. (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

3

1 6Public Law 96-295 (94 Stat. 787) (1980), section 205 added new subsection j. (2). 3

4

7

Public Law 95-604 (92 Stat. 3037) (1978), section 204(c), added last sentence to section 274n.

162
presented during the public comment period and which is

subject to judicial review;

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

participation through written comments or a public hearing and

provide for judicial review of the rule;

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

the human environment a written analysis (which shall be available

to the public before the commencement of any such proceedings)

of the impact of such license, including any activities conducted

pursuant thereto, on the environment, which analysis shall include-

(i) an assessment of the radiological and nonradiological

impacts to the public health of the activities to be conducted

pursuant to such license;

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

groundwater resulting from such activities;

(iii) consideration of alternatives, including alternative sites

and engineering methods, to the activities to be conducted

pursuant to such license; and

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

decommissioning, decontamination, and reclamation impacts,

associated with activities to be conducted pursuant to such

license, including the management of any byproduct material,

as defined by section 1 le.(2); and

(D) prohibit any major construction activity with respect to

such material prior to complying with the provisions of

subparagraph (C).

If any State under such agreement imposes upon any licensee any

requirement for the payment of funds to such State for the reclamation or

long-term maintenance and monitoring of such material, and if transfer to

the United States of such material is required in accordance with section

83b. of this Act, such agreement shall be amended by the Commission to

provide that such State shall transfer to the United States upon termination

of the license issued to such licensee the total amount collected by such

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

they must be sufficient to ensure compliance with the standards

established by the Commission pursuant to section 161 x. 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.388

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 e.(2), the State may adopt alternatives (including,

where appropriate, site-specific alternatives) to the requirements adopted

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

opportunity for public hearing, the Commission determines that such

alternatives will achieve a level of stabilization and containment of the

sites concerned, and a level of protection for public health, safety, and the

environment from radiological and nonradiological hazards associated

with such sites, which is equivalent to, to the extent practicable, or more

stringent than the level which would be achieved by standards and

requirements adopted and enforced by the Commission for the same

purpose and any final standards promulgated by the Administrator of the

42 USC 2201.

42 USC 2014.

388

Public Law 95-604 (92 Stat. 3037) (1978), section 204(e), added a new subsection o.

163
42 USC 2022. Environmental Protection Agency in accordance with section 275. Such

alternative State requirements may take into account local or regional

conditions, including geology, topography, hydrology and meteorology. 38 9

Sec. 275. Health And Environmental Standards For

Uranium Mill Tailings. 42 USC 2022. a. As soon as practicable, but not later than October 1, 1982,39o 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.391 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

standards in final form. 39 2

42 USC 2014. b.(1) As soon as practicable, but not later than October 31, 1982, the

42 USC 6901 Administrator shall, by rule, propose and within 11 months thereafter

note. promulgate in final form,3 93 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 e.(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

actions under this Act without regard to any provision of this Act

requiring such actions to comply with, or be taken in accordance with,

3 89

Public Law 97-415 (96 Stat. 2067) (1983), section 19 added this paragraph. 39'Public Law 97-415 (96 Stat. 2067) (1983), section 18 substituted "October 1, 1982" for "one year after the

date of enactment of this section." 39 1

Public Law 97-415 (96 Stat. 2067) (1983), section 22 added this language to section 275a. 392

Public Law 97-415 (96 Stat. 2067) (1983), section 18 substituted this language for "one year after enactment

of this section."

313public Law 972415 (96 Stat. 2067) (1983), section 22 added this language to section 275b(1).

164
standards promulgated by the Administrator. In any such case, the

Commission shall promulgate, and from time to time revise, any such

42 USC 2014. standards of general application which the Commission deems necessary

to carry out its responsibilities in the conduct of its licensing activities

under this Act. Requirements established by the Commission under this

Act with respect to byproduct material as defined in section 1 le.(2) shall

confirm to such standards. Any requirements adopted by the Commission

respecting such byproduct material before promulgation by the

Commission of such standards shall be amended as the Commission

deems necessary to conform to such standards in the same manner as

provided in subsection f.(3). Nothing in this subsection shall be construed

to prohibit or suspend the implementation or enforcement by the

Commission of any requirement of the Commission respecting byproduct material as defined in section 1 le.(2) pending promulgation by the

Commission of any such standard of general application. 394 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. 395

(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 e.(2) of this Act. The

42 USC 2021. Administration may periodically revise any standard promulgated

pursuant to this subsection. Within three years after such revision of any such standard, the Commission and any State permitted to exercise

authority under section 274b.(2) shall apply such revised standard in the

case of any license for byproduct material as defined in section I1 e.(2) or

any revision thereof.

Consultation. c. (1) Before the promulgation of any rule pursuant to this section, the

Notice, hearing Administrator shall publish the proposed rule in the Federal Register,

opportunity. together with a statement of the research, analysis, and other available

Publication in information in support of such proposed rule, and provide a period of

Federal public comment of at least thirty days for written comments thereon and

Register. 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.

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 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

3

94Public Law 97-415 (96 Stat. 2067) (1983), section 18 changed subsectioin b from "eighteen months after

enactment of this section" to current language. 395

Public Law 97-415 (96 Stat. 2067) (1983). section 22 added this language at end of subsection b.

165
5 USC el seq. 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.

42 USC 2021. 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.

42 USC 2014. e. Nothing in this Act applicable to byproduct material, as defined in

42 USC 7401 section I1 e.(2) of this Act, shall affect the authority of the Administrator

note. under the Clean Air Act of 1970, as amended, or the Federal Water

Pollution Control Act, as amended.396

Uranium mill f.(1) Prior to January 1, 1983, the Commission shall not implement or

licensing enforce the provisions of the Uranium Mill Licensing Requirements

requirement published as final rules at 45 Federal Register 65521 to 65538 on October

regulations. 3, 1980 (hereinafter in this subsection referred to as the "October 3

Implementation regulations") After December 31, 1982, the Commission is authorized to

and implement and enforce the provisions of such October 3 regulations (and

Enforcement. 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.

Review, public (2) Following the proposal by the Administrator of standards under

comment, and subsection b., the Commission shall review the October 3 regulations,

suspension. 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 1 le.(2))

under this Act on a licensee-by-licensee basis as the Commission deems

necessary to protect public health, safety, and the environment.

(3) Not later than 6 months after the date on which the Administrator

promulgates final standards pursuant to subsection b. of this section, the

Commission shall, after notice and opportunity for public comment,

amend the October 3 regulations, and adopt such modifications, as the

Commission deems necessary to conform to such final standards of the

Administrator.

3

96Public Law 95-604 (92 Stat. 3039) (1978), section 206(a), added section 275.

166
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

environment.3

Sec. 276. State Authority To Regulate Radiation Below

Level Of Regulatory Concern Of Nuclear Regulatory

Commission.

42 USC 2023. (a)398 IN GENERAL.-No provision of this Act, or of the Low-Level

Radioactive Waste Policy Act, may be construed to prohibit or otherwise

restrict the authority of any State to regulate, on the basis of radiological

hazard, the disposal or off-site incineration of low-level radioactive waste,

if the Nuclear Regulatory Commission, after the date of the enactment of

the Energy Policy Act of 1992 exempts such waste from regulation.

(b) RELATION TO OTHER STATE AUTHORITY.-This section

may not be construed to imply preemption of existing State authority.

Except as expressly provided in subsection (a), this section may not be

construed to confer on any State any additional authority to regulate

activities licensed by the Nuclear Regulatory Commission.

(c) DEFINITIONS.-For purposes of this section:

(1) The term "low-level radioactive waste" means radioactive

material classified by the Nuclear Regulatory Commission as lowlevel radioactive waste on the date of the enactment of the Energy

Policy Act of 1992.

(2) The term "off-site incineration" means any incineration of

radioactive materials at a facility that is located off the site where such

materials were generated.

(3) The term "State" means each of the several States, the District

of Columbia, and any commonwealth, territory, or possession of the

United States.

(b) REVOCATION OF RELATED NRC POLICY STATEMENTS.-

The policy statements of the Nuclear Regulatory Commission published

in the Federal Register on July 3, 1990 (55 Fed. Reg. 27522) and August

29, 1986 (51 Fed. Reg. 30839), relating to radioactive waste below

regulatory concern, shall have no effect after the date of the enactment of

this Act.99

See. 281. Separability.

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.

See. 291. Short Title.

Short title. This Act may be cited as the "Atomic Energy Act of 1954 ."

39 1

Public Law 97-415 (96 Stat. 2067) (1983), section 18 added new subsection f.

398

Public Law 102-486 (106 Stat. 3122)

399Public Law 102-486 (106 Stat. 3122); Oct. 24, 1992 added new section 276.

167
42 USC 2258.

Records,

transfer.

42 USC 2251 et

seq. Repealed.

Repealed.

42 USC 2315.

Repealed.

2 USC 190j.

Repeal.

42 USC 2259.

Chapter 20-Joint Committee On Atomic Energy Abolished;

Functions And Responsibilities Reassigned

Sec. 301. Joint Committee On Atomic Energy Abolished.

a. The Joint Committee on Atomic Energy is abolished.

b. Any reference in any rule, resolution, or order of the Senate or the

House of Representatives or in any law, regulation, or Executive order to

the Joint Committee on Atomic Energy shall, on and after the date of

enactment of this section, be considered as referring to the committees of

the Senate and the House of Representatives which, under the rules of the

Senate and the House, have jurisdiction over the subject matter of such

reference.

c. All records, data, charts, and files of the Joint Committee on Atomic

Energy are transferred to the committees of the Senate and House of

Representatives which, under the rules of the Senate and the House, have

jurisdiction over the subject matters to which such records, data, charts,

and files relate. In the event that any record, data, chart, or file shall be

within the jurisdiction of more than one committee, duplicate copies shall

be provided upon request.

Sec. 302. Transfer Of Certain Functions Of The Joint

Committee On Atomic Energy And Conforming

Amendments To Certain Other Laws.

a. Effective on the date of enactment of this section, chapter 17 of this

Act is repealed.

b. Section 103 of the Atomic Energy Community Act of 1955, as

amended, is repealed.

c. Section 3 of the Congressional Budget and Impoundment Control

Act of 1974 is amended by-

(1) striking the subsection designation "(a)"; and

(2) repealing subsection (b).

d. Section 252(a)(3) of the Legislative Reorganization Act of 1970 is

repealed.

Sec. 303. Information And Assistance To Congressional

Committees.

a. The Secretary of Energy and the Nuclear Regulatory Commission

shall keep the committees of the Senate and the House of Representatives

which, under the rules of the Senate and the House, have jurisdiction over

the functions of the Secretary or the Commission, fully and currently

informed with respect to the activities of the Secretary and the

Commission.

b. The Department of Defense and Department of State shall keep the

committees of the Senate and the House of Representatives which, under

the rules of the Senate and the House, have jurisdiction over national

security considerations of nuclear energy, fully and currently informed

with respect to such matters within the Department of Defense and

Department of State relating to national security considerations of nuclear

technology which are within the jurisdiction of such committees.

c. Any Government agency shall furnish any information requested by

the committees of the Senate and the House of Representatives which,

under the rules of the Senate and the House, have jurisdiction over the

development, utilization, or application of nuclear energy, with respect to

the activities or responsibilities of such agency in the field of nuclear

energy which are within the jurisdiction of such committees.

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

168
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.

400

Chapter 21-Defense Nuclear Facilities Safety Board

Sec. 311. Establishment.

42 USC 2286. (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").

President of (b) Membership.-(1) The Board shall be composed of five members

U.S. 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.

42 USC 2286. (4) Not later than 180 days after the date of the enactment of this

President of chapter, the President shall submit to the Senate nominations for

U.S. appointment to the Board. In the event that the President is unable to

Reports. 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.

President of (c) Chairman and Vice Chairman.-(1) The President shall designate a

U.S. 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.

4

0°Public Law 95-110 (91 Stat. 884) (1977) added Chapter 20.

169
42 USC 2286a.

(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.-(l) Except as provided under paragraph (2), the members

of the Board shall serve for terms of five years. Members of the Board

may be reappointed.

(2) Of the members first appointed-

(A) one shall be appointed for a term of one year;

(B) one shall be appointed for a term of two years;

(C) one shall be appointed for a term of three years;

(D) one shall be appointed for a term of four years; and

(E) one shall be appointed for a term of five years, as

designated by the President at the time of appointment.

(3) Any member appointed to fill a vacancy occurring before the

expiration of the term of office for which such member's predecessor

was appointed shall be appointed only for the remainder of such term.

A member may serve after the expiration of that member's term until a

successor has taken office.

(e) Quorum.-Three members of the Board shall constitute a quorum,

but a lesser number may hold hearings.

Sec. 312. Functions Of The Board.

The Board shall perform the following functions:

(1) Review And Evaluation Of Standards.-The Board shall review

and evaluate the content and implementation of the standards relating

to the design, construction, operation, and decommissioning of

defense nuclear facilities of the Department of Energy (including all

applicable Department of Energy orders, regulations, and

requirements) at each Department of Energy defense nuclear facility.

The Board shall recommend to the Secretary of Energy those specific

measures that should be adopted to ensure that public health and safety

are adequately protected. The Board shall include in its

recommendations necessary changes in the content and

implementation of such standards, as well as matters on which

additional data or additional research is needed.

(2) Investigations.-(A) The Board shall investigate any event or

practice at a Department of Energy defense nuclear facility which the

Board determines has adversely affected, or may adversely affect,

public health and safety.

(B) The purpose of any Board investigation under

subparagraph (A) shall be-

(i) to determine whether the Secretary of Energy is

adequately implementing the standards described in paragraph

(1) of the Department of Energy (including all applicable

Department of Energy orders, regulations, and requirements) at

the facility;

(ii) to ascertain information concerning the circumstances

of such event or practice and its implications for such

standards;

(iii) to determine whether such event or practice is related

to other events or practices at other Department of Energy

defense nuclear facilities; and

(iv) to provide to the Secretary of Energy such

recommendations for changes in such standards or the

170
implementation of such standards (including Department of

Energy orders, regulations, and requirements) and such

recommendations relating to data or research needs as may be

prudent or necessary.

(3) Analysis Of Design And Operational Data.-The Board shall

have access to and may systematically analyze design and operational

data, including safety analysis reports, from any Department of Energy

defense nuclear facility.

(4) Review Of Facility Design And Construction.-The Board shall

review the design of a new Department of Energy defense nuclear

facility before construction of such facility begins and shall

recommend to the Secretary, within a reasonable time, such

modifications of the design as the Board considers necessary to ensure

adequate protection of public health and safety. During the

construction of any such facility, the Board shall periodically review

and monitor the construction and shall submit to the Secretary, within

a reasonable time, such recommendations relating to the construction

of that facility as the Board considers necessary to ensure adequate

protection of public health and safety. An action of the Board, or a

failure to act, under this paragraph may not delay or prevent the

Secretary of Energy from carrying out the construction of such a

facility.

(5) Recommendations.-The Board shall make such

recommendations to the Secretary of Energy with respect to

Department of Energy defense nuclear facilities, including operations

of such facilities, standards, and research needs, as the Board

determines are necessary to ensure adequate protection of public

health and safety. In making its recommendations the Board shall

consider the technical and economic feasibility of implementing the

recommended measures.

See. 313. Powers Of Board.

(a) Hearings.-(l) The Board or a member authorized by the Board

may, for the purpose of carrying out this chapter, hold such hearings and

sit and act at such times and places, and require, by subpoena or

otherwise, the attendance and testimony of such witnesses and the

production of such evidence as the Board or an authorized member may

find advisable.

(2) (A) Subpoenas may be issued only under the signature of the

Chairman or any member of the Board designated by him and shall be

served by any person designated by the Chairman, any member, or any

person as otherwise provided by law. The attendance of witnesses and

the production of evidence may be required from any place in the

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

171

42 USC 2286b.
Classified

information.

42 USC 2286b.

under the Federal Rules of Civil Procedure for the United States

district courts.

(E) All process of any court to which application may be made

under this section may be served in the judicial district in which

the person required to be served resides or may be found.

(b) Staff.-The Board may, for the purpose of performing its

responsibilities under this Chapter-

(1) hire such staff as it considers necessary to perform the

functions of the Board, but not more than the equivalent of 100 fulltime employees; and

(2) procure the temporary and intermittent services of experts and

consultants to the extent authorized by section 3109(b) of title 5,

United States Code, at rates the Board determines to be reasonable.

(c) Regulations.-The Board may prescribe regulations to carry out the

(d) Reporting Requirements.-The Board may establish reporting

requirements for the Secretary of Energy which shall be binding upon the

Secretary. The information which the Board may require the Secretary of

Energy to report under this subsection may include any information

designated as classified information, or any information designated as

safeguards information and protected from disclosure under section 147 or

148 of this Act.

(e) Use Of Government Facilities, Etc.-The Board may, for the

purpose of carrying out its responsibilities under this chapter, use any

facility, contractor, or employee of any other department or agency of the

Federal Government with the consent of and under appropriate support

arrangements with the head of such department or agency and, in the case

of a contractor, with the consent of the contractor.

(f) Assistance From Certain Agencies Of The Federal Government.-

With the consent of and under appropriate support arrangements with the

Nuclear Regulatory Commission, the Board may obtain the advice and

recommendations of the staff of the Commission on matters relating to

the Board's responsibilities and may obtain the advice and

recommendations of the Advisory Committee on Reactor Safeguards on

such matters.

(g) Assistance From Organizations Outside The Federal GovernmentThe 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.

172
42 USC 2286c.

Contracts.

42 USC 2286d.

Federal

Register,

publication.

Federal

Register,

publication.

Sec. 314. Responsibilities Of The Secretary Of Energy.

(a) Cooperation.-The Secretary of Energy shall fully cooperate with

the Board and provide the Board with ready access to such facilities,

personnel, and information as the Board considers necessary to carry out

its responsibilities under this chapter. Each contractor operating a

Department of Energy defense nuclear facility under a contract awarded

by the Secretary shall, to the extent provided in such contract or otherwise

with the contractor's consent, fully cooperate with the Board and provide

the Board with ready access to such facilities, personnel, and information

of the contractor as the Board considers necessary to carry out its

responsibilities under this chapter.

(b) Access To Information.-The Secretary of Energy may deny access

to information provided to the Board to any person who-

(1) has not been granted an appropriate security clearance or access

authorization by the Secretary of Energy; or

(2) does not need such access in connection with the duties of such

person.

Sec. 315. Board Recommendations.

(a) Public Availability And Comment.-Subject to subsections (g) and

(h) and after receipt by the Secretary of Energy of any recommendations

from the Board under section 312, the Board promptly shall make such

recommendations available to the public in the Department of Energy's

regional public reading rooms and shall publish in the Federal Register

such recommendations and a request for the submission to the Board of

public comments on such recommendations. Interested persons shall have

30 days after the date of the publication of such notice in which to submit

comments, data, views, or arguments to the Board concerning the

recommendations.

(b) Response By Secretary.-

(1) The Secretary of Energy shall transmit to the Board, in writing,

a statement on whether the Secretary accepts or rejects, in whole or in

part, the recommendations submitted to him by the Board under

section 312, a description of the actions to be taken in response to the

recommendations, and his views on such recommendations. The

Secretary of Energy shall transmit his response to the Board within 45

days after the date of the publication, under subsection (a), of the

notice with respect to such recommendations or within such additional

period, not to exceed 45 days, as the Board may grant.

(2) At the same time as the Secretary of Energy transmits his

response to the Board under paragraph (1), the Secretary, subject to

subsection (h), shall publish such response, together with a request for

public comment on his response, in the Federal Register.

(3) Interested persons shall have 30 days after the date of the

publication of the Secretary of Energy's response in which to submit

comments, data, views, or arguments to the Board concerning the

Secretary's response.

(4) The Board may hold hearings for the purpose of obtaining

public comments on its recommendations and the Secretary of

Energy's response.

(c) Provision Of Information To Secretary.-The Board shall furnish

the Secretary of Energy with copies of all comments, data, views, and

arguments submitted to it under subsection (a) or (b).

173
(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

Federal recommendation or make a revised recommendation and shall notify the

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

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.

Reports. (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.

Public health (g) Imminent Or Severe Threat.-

and safety. (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).

President of (2) At the same time that the Board transmits a recommendation

U.S. 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

174
Energy shall submit his recommendation to the President. The

President shall review the Secretary of Energy's recommendation and

shall make the decision concerning acceptance or rejection of the

Board's recommendation.

Public (3) After receipt by the President of the recommendation from the

information. Board under this subsection, the Board promptly shall make such

recommendation available to the public and shall transmit such

recommendation to the Committees on Armed Services and on

Appropriations of the Senate and to the Speaker of the House of

Representatives. The President shall promptly notify such committees

and the Speaker of his decision and the reasons for that decision.

(h) Limitation.-Notwithstanding any other provision of this section,

the requirements to make information available to the public under this

section42 USC 2286e.

42 USC 2286f.

42 USC 2286g.

(1) shall not apply in the case of information that is classified; and

(2) shall be subject to the orders and regulations issued by the

Secretary of Energy under section 147 and 148 of this Act to prohibit

dissemination of certain information.

Sec. 316. Reports.

(a) Board Report.-

(1) The Board shall submit to the Committees on Armed Services

and on Appropriations of the Senate and to the Speaker of the House

of Representatives each year, at the same time that the President

submits the budget to Congress pursuant to section 1105(a) of title 31,

United States Code, a written report concerning its activities under this

chapter, including all recommendations made by the Board, during the

year preceding the year in which the report is submitted. The Board

may also issue periodic unclassified reports on matters within the

Board's responsibilities.

(2) The annual report under paragraph (1) shall include an

assessment of-

(A) The improvements in the safety of Department of Energy

defense nuclear facilities during the period covered by the report;

(B) the improvements in the safety of Department of Energy

defense nuclear facilities resulting from actions taken by the Board

or taken on the basis of the activities of the Board; and

(C) the outstanding safety problems, if any, of Department of

Energy defense nuclear facilities.

(b) DOE Report.-The Secretary of Energy shall submit to the

Committees on Armed Services and on Appropriations of the Senate and

to the Speaker of the House of Representatives each year, at the same time

that the President submits the budget to Congress pursuant to section

1105(a) of title 31, United State Code, a written report concerning the

activities of the Department of Energy under this chapter during the year

preceding the year in which the report is submitted.

Sec. 317. Judicial Review.

Chapter 7 of title 5, United States Code, shall apply to the activities of

the Board under this chapter.

Sec. 318. Definition.

As used in this chapter, the term "Department of Energy defense

nuclear facility" means any of the following:

(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 include175
42 USC 2286h.

42 USC 2286h-1.

42 USC 2286i.

42 USC 2286e

note.

(A) any facility or activity covered by Executive Order No.

12344, dated February 1, 1982, pertaining to the Naval nuclear

propulsion program;

(B) any facility or activity involved with the assembly or

testing of nuclear explosives or with the transportation of nuclear

explosives or nuclear material;

(C) any facility that does not conduct atomic energy defense

activities; or

(D) any facility owned by the United States Enrichment

Corporation.

(2) A nuclear waste storage facility under the control or

jurisdiction of the Secretary of Energy, but the term does not include a

facility developed pursuant to the Nuclear Waste Policy Act of 1982

(42 USC 10101 et seq.) and licensed by the Nuclear Regulatory

Commission.

Sec. 319. Contract Authority Subject To Appropriations.

The authority of the Board to enter into contracts under this chapter is

effective only to the extent that appropriations (including transfers of

appropriations) are provided in advance for such purpose.

Sec. 320. Transmittal Of Certain Information to

Congress.

Whenever the Board submits or transmits to the President or the

Director of the Office of Management and Budget any legislative

recommendation, or any statement or information in preparation of a

report to be submitted to the Congress pursuant to section 316(a), the

401 Board shall submit at the same time a copy thereof to the Congress.

Sec. 321. Annual Authorization Of Appropriations.

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.

Sec. 316. Reports.

Sec. 317. Judicial review.

Sec. 318. Definition.

Sec. 319. Contract authority subject to appropriations.

Sec. 320. Annual authorization of appropriations.

(b) Salary For Board 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.

(c) Requirements For First Annual Report.-(1) Before submission of

the first annual report by the Defense Nuclear Facilities Safety Board

under section 316(a) of the Atomic Energy Act of 1954 (as added by

subsection (a)), the Board shall conduct a study on whether nuclear

401

Public Law 103-160 (107 Stat 1959), Nov. 30, 1993, Div C., Title XXXII, section 3202(a)(2).

176
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 "nondefense nuclear facilities") should be subject to independent external

oversight. The Board shall include in such first annual report the results of

such study and the recommendation of the Board on whether non-defense

nuclear facilities should be subject to independent external oversight.

(2) If the Board recommends in the report that non-defense nuclear

facilities should be subject to such oversight, the report shall include a

discussion of alternative mechanisms for implementing such oversight,

including mechanisms such as a separate executive agency and

oversight as a part of the Board's responsibilities. The discussion of

alternative mechanisms of oversight also shall include considerations

of budgetary costs, protection of the security of sensitive nuclear

weapons information, and the similarities and differences in the

design, construction, operation, and decommissioning of defense and

non-defense nuclear facilities of the Department of Energy.

(d) Requirements For Fifth Annual Report.-The fifth annual report

submitted by the Defense Nuclear Facilities Safety Board under section

316(a) of the Atomic Energy Act of 1954 (as added by subsection (a))

shall include-

(1) an assessment of the degree to which the overall administration

of the Board's activities are believed to meet the objectives of

Congress in establishing the Board;

(2) recommendations for continuation, termination, or modification

of the Board's functions and programs, including recommendations

for transition to some other independent oversight arrangement if it is

advisable; and

(3) recommendations for appropriate transition requirements in the

event that modifications are recommended.

• 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.4 °

2

NEGOTIATED RULEMAKING ON FINANCIAL

PROTECTION FOR RADIOPHARMACEUTICAL

LICENSEES.

42 USC 2210 (A) Rulemaking Proceeding.-

note. (1) Purpose.-The Nuclear Regulatory Commission (hereafter in

Contracts. 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

42Public Law 100-456 (102 Stat. 2076) (1988) added Chapter 21.

177
by a State under section 274(b) of the Atomic Energy Act of 1954 (42

USC 202 1(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 USC22 10) and if so, the terms and conditions of such

indemnification, shall be rendered by the Commission within 18

months of the date of the enactment of this Act.

(b) Negotiated Rulemaking.-

(1) Administrative Conference Guidelines.-For the purpose of

making the determination required under subsection (a), the

Commission shall, to the extent consistent with the provisions of this

Act, conduct a negotiated rulemaking in accordance with the guidance

provided by the Administrative Conference of the United States in

Recommendation 82-4, "Procedures for Negotiating Proposed

Regulations" (42 Fed. Reg. 30708, July 15, 1982).

(2) Designation Of Convener.-Within 30 days of the date of the

enactment of this Act, the Commission shall designate an individual or

individuals recommended by the Administrative Conference of the

United States to serve as a convener for such negotiations.

Contracts. (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. 403

4 03

Public Law 100-408 (102 Stat. 1066) (1988), section 19, provided for this rulemaking which is not part of the

Atomic Energy Act.

178
Title II-United States Enrichment Corporation

Chapter 22-General Provisions

42 USC 2297.

Sec. 1201. Def'nitions.

For purposes of this title:4

04 405

(1) The term "alternative technologies for uranium enrichment"

means technologies to enrich uranium by methods other than the

gaseous diffusion process.

(2) The term "AVLIS" means atomic vapor laser isotope

separation technology.

(3) The term "Board" means the Board of Directors of the

Corporation established under section 1304.

(4) The term "Corporation" means the United States Enrichment

Corporation.

(5) The term "corrective actions" has the meaning given such term

by the Administrator of the Environmental Protection Agency under

section 3004(u) of the Solid Waste Disposal Act (42 USC 6924(u)).

(6) The term "decontamination and decommissioning" means

those activities, other than response actions or corrective actions,

undertaken to decontaminate and decommission inactive uranium

enrichment facilities that have residual radioactive or mixed

radioactive and hazardous chemical contamination, including depleted

tailings.

(7) The term "Department" means the Department of Energy.

(8) The term "highly enriched uranium" means uranium enriched

to 20 percent or more of the uranium-235 isotope.

(9) The term "low-enriched uranium" means uranium enriched to

less than 20 percent of the uranium-235 isotope.

(10) The term "releases" has the meaning given the term "release"

in section 101(22) of the Comprehensive Environmental response,

Compensation, and Liability Act of 1980 (42 USC 9601(22)).

(11) The term "remedial action" has the meaning given such term

in section 101 (24) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 USC 9601(24)).

(12) the term "response actions" has the meaning given the term "response" in section 101(25) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 USC

9601(25)).

(13) The term "Secretary" means the Secretary of Energy.

(14) The term "uranium enrichment" means the separation of

uranium of a given isotopic content into 2 components, 1 having a

higher percentage of a fissile isotope and 1 having a lower

percentage.4 °

6

4

°4Added by Public Law 102-486 (106 Stat. 2924). 4

0 5 Section will be repealed on privatization date. Act April 26, 1996, Public Law 104-134 (110 Stat. 1321-

349), 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) 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.)

4°Severability provisions for Title IX of Public Law 102-486 (106 Stat. 2946), Oct 24, 1992, section 904,

provides:

179
42 USC 2297a.

Sec. 1202. Purposes.

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).

(6) To conduct research and development as required to meet

business objectives for the purposes of identifying, evaluating,

improving, and testing alternative technologies for uranium

enrichment.

(7) To conduct the business as a self-financing corporation and

eliminate the need for Federal Government appropriations or sources

of Federal financing other than those provided in this title.

(8) To help maintain a reliable and economical domestic source of

uranium enrichment services.

(9) To comply with laws, and regulations promulgated thereunder,

to protect the public health, safety, and the environment.

(10) To continue at all times to meet the objectives of ensuring the

Nation's common defense and security, including abiding by United

States laws and policies concerning special nuclear materials and

nonproliferation of atomic weapons and other nonpeaceful uses of

atomic energy.

(11) To take all other lawful actions in furtherance of these

purposes.

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 III, 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.

180
42 USC 2297b.

42 USC 2297b-1.

42 USC 2297b-2.

Chapter 23-Establishment, Powers, And Organization Of

Corporation

Sec. 1301. Establishment Of The Corporation.

(a)407 408 IN GENERAL.-There is established a body corporate to be

known as the United States Enrichment Corporation.

(b) GOVERNMENT CORPORATION.-The Corporation shall be

established as a wholly owned Government corporation subject to chapter

91 of title 31, United States Code (commonly referred to as the

Government Corporation Control Act), except as otherwise provided in

this title.

(c) FEDERAL AGENCY.-The Corporation shall be an agency and

instrumentality of the United States.

Sec. 1302. Corporate Offices.

The Corporation shall maintain an office for the service of process and

papers in the District of Columbia, and shall be deemed, for purposes of

venue in civil actions, to be a resident thereof. The Corporation may

establish offices in such other place or places as it may deem necessary or

apropriate in the conduct of its business.

Sec. 1303. Powers Of The Corporation.

In order to accomplish its purposes, the Corporation-

(1) shall, except as provided in this title or applicable Federal law,

have all the powers of a private corporation incorporated under the

District of Columbia Business Corporation Act;

(2) shall have the priority of the United States with respect to the

payment of debts out of bankrupt, insolvent, and decedents' estates;

(3) may obtain from the Administrator of General Services the

services the Administrator is authorized to provide agencies of the

United States, on the same basis as those services are provided to other

agencies of the United States;

(4) shall enrich uranium, provide for uranium to be enriched by

others, or acquire enriched uranium (including low-enriched uranium

derived from highly enriched uranium provided under section 1408);

(5) may conduct, or provide for conducting, those research and

development activities related to uranium enrichment and related

processes and activities the Corporation considers necessary or

advisable to maintain the Corporation as a commercial enterprise

operating on a profitable and efficient basis;

(6) may enter into transactions regarding uranium, enriched

uranium, or depleted uranium with-

(A) persons licensed under section 53, 63, 103, or 104 in

accordance with the licenses held by those persons;

(B) persons in accordance with, and within the period of, an

agreement for cooperation arranged under section 123; or

(C) persons otherwise authorized by law to enter into such

transactions;

4 07

Added by Public Law 102-486 (106 Stat. 2925). 408

Section will be repealed on privatization date. Public Law 104-134 (110 Stat. 1321-349), April 26, 1996,

Title III, 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.)

181
42 USC 2297b-3.

(7) may enter into contracts with persons licensed under section

53, 63, 103, or 104, for as long as the Corporation considers necessary

or desirable, to provide uranium or uranium enrichment and related

services;

(8) may enter into contracts to provide uranium or uranium

enrichment and related services in accordance with, and within the

period of, an agreement for cooperation arranged under section 123 or

as otherwise authorized by law; and

(9) shall sell to the Department as provided in this title, without

regard to section 57e., the amounts of uranium enrichment and related

services that the Department determines from time to time are required

for it to-

(A) carry out Presidential directions and authorizations under

section 91; and

(B) conduct other Department programs.

Sec. 1304. Board Of Directors.

(a) IN GENERAL.-The powers of the Corporation are vested in the

Board of Directors.

(b) APPOINTMENT.-The Board of Directors shall consist of five

individuals, to be appointed by the President by and with the advice and

consent of the Senate. The President shall designate a Chairman of the

Board from among members of the Board.

(c) QUALIFICATIONS.-Members of the Board shall be citizens of

the United States. No member of the Board shall be an employee of the

Corporation or have any direct financial relationship with the Corporation

other than that of being a member of the Board.

(d) TERMS.-

(1) IN GENERAL.-Except as provided in paragraph (2), members

of the Board shall serve five-year terms or until the election of a new

Board of Directors under section 1704, whichever comes first.

(2) INITIAL MEMBERS .-Of the members first appointed to the

Board-

(A) I shall be appointed for a 1-year term;

(B) 1 shall be appointed for a 2-year term;

(C) I shall be appointed for a 3-year term; and

(D) 1 shall be appointed for a 4-year term.

(3) REAPPOINTMENT.-Members of the Board may be

reappointed by the President, by and with the advice and consent of

the Senate.

(e) VACANCIES.-Upon the occurrence of a vacancy on the Board,

the President by and with the advice and consent of the Senate shall

appoint an individual to fill such vacancy for the remainder of the

applicable term.

(f) MEETINGS AND QUORUM.-The Board shall meet at any time

pursuant to the call of the Chairman and as provided by the bylaws of the

Corporation, but not less than quarterly. Three voting members of the

Board shall constitute a quorum. A majority of the Board shall adopt and

from time to time may amend bylaws for the operation of the Board.

(g) POWERS.-The Board shall be responsible for general

management of the Corporation and shall have the same authority,

privileges, and responsibilities as the board of directors of a private

corporation incorporated under the District of Columbia Business

Corporation Act.

(h) COMPENSATION.-Members of the Board shall serve on a parttime basis and shall receive per diem, when engaged in the actual

performance of Corporation duties, plus reimbursement for travel,

182
42 USC 2297b-4.

subsistence, and other necessary expenses incurred in the performance of

their duties.

(i) MEMBERSHIP OF SECRETARY OF TREASURY.-The

President may appoint the Secretary of the Treasury or his designee to

serve as a member Of the Board or as a nonvoting, ex officio member of

the Board.

(j) CONFLICT OF INTEREST REQUIREMENTS.-No director,

officer, or other management level employee of the Corporation may have

a financial interest in any customer, contractor, or competitor of the

Corporation or in any business that may be adversely affected by the

success of the Corporation.

Sec. 1305. Employees Of The Corporation.

(a) APPOINTMENT.-The Board shall appoint such officers and

employees as are necessary for the transaction of its business.

(b) COMPENSATION, DUTIES, AND REMOVAL-The Board

shall, without regard to section 5301 of title 6, United States Code, fix the

compensation of all officers and employees of the Corporation, define

their duties, and provide a system of organization to fix responsibility and

promote efficiency. Any officer or employee of the Corporation may be

removed in the discretion of the Board.

(c) APPLICABLE CRITERIA.-The Board shall ensure that the

personnel function and organization is consistent with the principles of

section 2301(b) of title 5, United States Code, relating to merit system

principles. Officers and employees shall be appointed, promoted, and

assigned on the basis of merit and fitness, and other personnel actions

shall be consistent with the principles of fairness and due process but

without regard to those provisions of title 5 of the United States Code

governing appointments and other personnel actions in the competitive

service.

(d) TREATMENT OF PERSONS EMPLOYED PRIOR TO

TRANSITION DATE.-Compensation, benefits, and other terms and

conditions of employment in effect immediately prior to the transition

date, whether provided by statute or by rules of the Department or the

executive branch, shall continue to apply to officers and employees who

transfer to the Corporation from other Federal employment until changed

by the Board.

(e) PROTECTION OF EXISTING EMPLOYEES.-

(1) IN GENERAL.-It is the purpose of this subsection to ensure

that the establishment of the Corporation pursuant to this chapter shall

not result in any adverse effects on the employment rights, wages, or

benefits of employees at facilities that are operated, directly or under

contract, in the performance of the functions vested in the Corporation.

(2) APPLICABILITY OF EXISTING COLLECTIVE

BARGAINING AGREEMENT.-Any employer (including the

Corporation) at a facility described in paragraph (1) shall abide by the

terms of a collective bargaining agreement in effect on April 30, 1991,

at each individual facility until-

(A) the earlier of the date on which a new bargaining

agreement is signed; or

(B) the end of the 2-year period beginning on the date of the

enactment of this title.

(3) APPLICABILITY OF NLRA.-Except as specifically provided

in this subsection, the Corporation is subject to the provisions of the

National Labor Relations Act (29 USC 151 et seq.).

(4) BENEFITS OF TRANSFEREES AND DETAILEES.-At the

request of the Board and subject to the approval of the Secretary, an

183
42 USC 2297b-5.

42 USC 2297b-6.

employee of the Department may be transferred or detailed as

provided for in section 1315, to the Corporation without any loss in

accrued benefits or standing within the Civil Service System. For

those employees who accept transfer to the Corporation, it shall be

their option as to whether to have any accrued retirement benefits

transferred to a retirement system established by the Corporation or to

retain their coverage under either the Civil Service Retirement System

or the Federal Employees' Retirement System, as applicable, in lieu of

coverage by the Corporation's retirement system. For those employees

electing to remain with one of the Federal retirement systems, the

Corporation shall withhold pay and make such payments as are

required under the Federal retirement system. For those Department

employees detailed, the Department shall offer those employees a

position of like grade, compensation, and proximity to their official

duty station after their services are no longer required by the

Corporation.

Sec. 1306. Audits.

(a) INDEPENDENT AUDITS.-

(1) IN GENERAL.-The financial statements of the Corporation

shall be prepared in accordance with generally accepted accounting

principles and shall be audited annually by an independent certified

public accountant in accordance with auditing standards issued by the

Comptroller General. Such auditing standards shall be consistent with

the private sector's generally accepted auditing standards.

(2) REVIEW BY GAO.-The Comptroller General may review any

audit of the Corporation's financial statements conducted under

paragraph (1). The Comptroller General shall report to the Congress

and the Corporation the results of any such review and shall include in

such report appropriate recommendations.

(b) GAO AUDITS.-

(1) IN GENERAL.-The Comptroller General may audit the

financial statements of the Corporation for any year in the manner

provided in subsection (a)(1).

(2) REIMBURSEMENT BY CORPORATION.-The Corporation

shall reimburse the Comptroller General for the full cost of any audit

conducted under this subsection, as determined by the Comptroller

General.

(c) AVAILABILITY OF BOOKS AND RECORDS.-AIl books,

accounts, financial records, reports, files, papers, and other property

belonging to or in use by the Corporation and its auditor that the

Comptroller General considers necessary to the performance of any audit

or review under this section shall be made available to the Comptroller

General, subject to section 1314.

(d) TREATMENT OF GAO AUDITS.-Activities the Comptroller

General conducts under this section shall be in lieu of any other audit of

the financial transactions of the Corporation the Comptroller General is

required to make under chapter 91 of title 31, United States Code, or other

law.

Sec. 1307. Annual Reports.

(a) IN GENERAL.-The Corporation shall prepare and submit an

annual report of its activities to the President and the Congress. This

report shall contain-

(1) a general description of the Corporation's operations;

(2) a summary of the Corporation's operating and financial

performance, including an explanation of the decision to pay or not

pay dividends;

184
42 USC 2297b-7.

42 USC 2297b-8.

(3) copies of audit reports prepared under section 1305;

(4) the information required under regulations issued under section

13 of the Securities Exchange Act of 1934 (15 USC 78m); and

(5) an identification and assessment of any impairment of capital

or ability of the Corporation to comply with this title.

(b) DEADLINE.-The report shall be completed not later than 150

days following the close of each of the Corporation's fiscal years and shall

accurately reflect the financial position of the Corporation at fiscal year

end.

Sec. 1308. Accounts.

(a) ESTABLISHMENT OF UNITED STATES ENRICHMENT

CORPORATION FUND.-There is established in the Treasury of the

United States a revolving fund, to be known as the "United States

Enrichment Corporation Fund", which shall be available to the

Corporation, without need for further appropriation and without fiscal

year limitation, for carrying out its purposes, functions, and powers, and

which shall not be subject to apportionment under subchapter II of chapter

15 of title 31, United States Code.

(b) TRANSFER OF UNEXPENDED BALANCES.-On the transfer

date, the Secretary shall, without need of further appropriation, transfer to

the Corporation the unexpended balance of appropriations and other

monies available to the Department (inclusive of funds set aside for

accounts payable), and accounts receivable which are related to functions

and activities acquired by the Corporation from the Department pursuant

to this title, including all advance payments.

Sec. 1309. Obligations.

(a) ISSUANCE.-

(1) IN GENERAL.-The Corporation may issue and sell bonds,

notes, and other evidences of indebtedness (collectively referred to in

this title as "bonds"), except that the Corporation may not issue or sell

bonds for the purpose of constructing new uranium enrichment

facilities or conducting directly related preconstruction activities.

Borrowing under this paragraph during any fiscal year ending before

October 1, 1996, shall be subject to approval in appropriation Acts.

(2) USE OF REVENUES.-The Corporation may pledge and use

its revenues for payment of the principal of and interest on its bonds,

for their purchase or redemption, and for other purposes incidental to

these functions, including creation of reserve funds and other funds

that may be similarly pledged and used.

(3) AGREEMENTS WITH HOLDERS AND TRUSTEES.- The

Corporation may enter into binding covenants with the holders and

trustees of its bonds with respect to

(A) the establishment of reserve and other funds;

(B) stipulations concerning the subsequent issuance of bonds;

and

(C) other matters not inconsistent with this title; that the

Corporation determines necessary or desirable to enhance the

marketability of the bonds.

(b) NOT OBLIGATIONS OF UNITED STATES.-Bonds issued by

the Corporation under this section shall not be obligations of, or

guaranteed as to principal or interest by, the United States, and the bonds

shall so plainly state.

(c) TERMS AND CONDITIONS.-

(1) NEGOTIABLE; MATURITY.-Bonds issued by the

Corporation under this section shall be negotiable instruments unless

185
otherwise specified in the bond and shall mature not more than 50

years after their date of issuance.

(2) ROLE OF SECRETARY OF THE TREASURY.-

(A) RIGHT OF DISAPPROVAL.-The Corporation may set the

terms and conditions of bonds issued under this section, subject to

disapproval of such terms and conditions by the Secretary of the

Treasury within 5 days after the Secretary of the Treasury is

notified of the following terms and conditions of the bonds:

(i) Their forms and denominations.

(ii) The times, amounts, and prices at which they are sold.

(iii) Their rates of interest.

(iv) The terms at which they may be redeemed by the

Corporation before maturity.

(v) The priority of their claims on the Corporation's net

revenues with respect to principal and interest payments.

(vi) Any other terms and conditions.

(B) INAPPLICABILITY OF RIGHT TO PRESCRIBE

TERMS.-Section 9108(a) of title 31, United States Code, shall not

apply to the Corporation.

(d) INAPPLICABILITY OF SECURITIES REQUIREMENTS.- The

Corporation shall be considered an executive department of the United

States for purposes of section 3(c) of the Securities Exchange Act of 1934

(15 USC 78c(c)).

(e) INAPPLICABILITY OF FEE.-The Corporation shall not issue or

sell any bonds to the Federal Financing Bank.

Sec. 1310. Exemption From Taxation And Payments In

Lieu Of Taxes.

(a) EXEMPTION FROM TAXATION.-In order to render financial

assistance to those States and localities in which the facilities of the

Corporation are located, the Corporation shall, beginning in fiscal year

1998, make payments to State and local governments as provided in this

section. These payments shall be in lieu of any and all State and local

taxes on the real and personal property of the Corporation. All property of

the Corporation is expressly exempted from taxation in any manner or

form by any State, county, or other local government entity including

State, county, or other local government sales tax.

(b) PAYMENTS IN LIEU OF TAXES.-Beginning in fiscal year

1998, the Corporation shall make annual payments, in amounts

determined by the Corporation to be fair and reasonable, to the State and

local governmental agencies having tax jurisdiction in any area where

facilities of the Corporation are located. In making these determinations,

the Corporation shall be guided by the following criteria:

(1) The Corporation shall take into account the customs and

practices prevailing in the area with respect to appraisal, assessment,

and classification of industrial property and any special considerations

extended to large-scale industrial operations.

(2) The payment made to any taxing authority for any period shall

not be less than the payments that would have been made to the taxing

authority for the same period by the Department and its 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 prevailing immediately prior

to the transition date.

42 USC 2297b-9.

186
42 USC 2297b-10.

42 USC 2297b-11.

(c) TIME OF PAYMENTS.-Payments shall be made by the

Corporation at the time when payments of taxes by taxpayers to each

taxing authority are due and payable.

(d) DETERMINATION OF AMOUNT DUE.-The determination by

the Corporation of the amounts due under this section shall be final and

conclusive.

Sec. 1311. Cooperation With Other Agencies.

The Corporation may request to use on a reimbursable basis the

available services, equipment, personnel, and facilities of agencies of the

United States, and on a similar basis may cooperate with such agencies in

the establishment and use of services, equipment, and facilities of the

Corporation. Further, the Corporation may confer with and avail itself of

the cooperation, services, records, and facilities of State, territorial,

municipal, or other local agencies.

See. 1312. Applicability Of Certain Federal Laws.

(a) ANTITRUST LAWS.-The Corporation shall conduct its activities

in a manner consistent with the policies expressed in the following

antitrust laws:

(1) The Sherman Act (15 USC 1-7).

(2) The Clayton Act (15 USC 12-27).

(3) Sections 73 and 74 of the Wilson Tariff Act (15 USC 8 and 9).

(b) ENVIRONMENTAL LAWS.-The Corporation shall be subject to,

and comply with, all Federal and State, interstate, and local environmental

laws and requirements, both substantive and procedural, in the same

manner, and to the same extent, as any person who is subject to such laws

and requirements. For purposes of enforcing any such law or substantive

or procedural requirements (including any injunctive relief, administrative

order, or civil or administrative penalty or fine) against the Corporation,

the United States expressly waives any immunity otherwise applicable to

the Corporation. For the purposes of this subsection, the term "person"

means an individual, trust, firm, joint stock company, corporation,

partnership, association, State, municipality, or political subdivision of a

State.

(c) OSHA REQUIREMENTS.-Notwithstanding sections 3(5),

4(b)(1), and 19 of the Occupational Safety and Health Act of 1970 (29

USC 652(5), 653(b) (1), and 668)), the Corporation shall be subject to,

and comply with, such Act and all regulations and standards promulgated

thereunder in the same manner, and to the same extent, as an employer is

subject to such Act. For the purposes of enforcing such Act (including any injunctive relief, administrative order, or civil, administrative, or criminal

penalty or fine) against the Corporation, the United States expressly

waives any immunity otherwise applicable to the Corporation.

(d) LABOR STANDARDS.-The Act of March 3, 1931 (known as the

Davis-Bacon Act) (40 USC 276a et seq.) and the Service Contract Act of

1965 (41 USC 351 et seq.) shall apply to the Corporation. All laborers and

mechanics employed on the construction, alteration, or repair of projects

funded, in whole or in part, by the Corporation shall be paid wages at

rates not less than those prevailing on projects of a similar character in the

locality as determined by the Secretary of Labor in accordance with such

Act of March 3, 1931. The Secretary of Labor shall have, with respect to

the labor standards specified in this subsection, the authority and functions

set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64

Stat. 1267) and the Act of June 13, 1934 (40 USC 276c). (e) ENERGY REORGANIZATION ACT REQUIREMENTS.- The

Corporation is subject to the provisions of section 210 of the Energy

Reorganization Act of 1974 (42 USC 5850) to the same extent as an

187
42 USC 2297b-12.

42 USC 2297b-13.

42 USC 2297b-14.

President.

employer subject to such section, and, with respect to the operation of the

facilities leased by the Corporation, section 206 of the Energy

Reorganization Act of 1974 (42 USC 5846) shall apply to the directors

and officers of the Corporation.

(f) EXEMPTION FROM FEDERAL PROPERTY

REQUIREMENTS.-The Corporation shall not be subject to the Federal

Property and Administrative Services Act of 1949 (41 USC 471 et seq.).

Sec. 1313. Security.

Any references to the term "Commission" or to the Department in

sections 16 1k., 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

Corporation on the transition date.

(2) CONTINUATION UNTIL BOARD HAS QUORUM.-In the

event that a quorum of the Board has not qualified by the transition

date, the Transition Manager shall continue to exercise the powers and

duties of the Board until a quorum has qualified.

(c) RATIFICATION OF TRANSITION MANAGER'S ACTIONS.-

All actions taken by the Transition Manager before the qualification of a

quorum of the Board shall be subject to ratification by the Board.

(d) RESPONSIBILITIES OF SECRETARY.-Before the transition

date, the Secretary shall-

(1) continue to be responsible for the management and operation of

the uranium enrichment plants;

(2) provide funds, to the extent provided in appropriations Acts, to

the Transition Manager to pay salaries and expenses;

(3) delegate Department employees to assist the Transition

Manager in meeting his responsibilities under this section; and

(4) assist and cooperate with the Transition Manager in preparing

for the transfer of the uranium enrichment enterprise to the

Corporation on the transition date.

(e) TRANSITION DATE.-The transition date shall be July 1, 1993.

(f) DETAIL OF PERSONNEL.-For the purpose of continuity of

operations, maintenance, and authority, the Department shall detail, for up

to 18 months after the date of the enactment of this title, appropriate

Department personnel as may be required in an acting capacity, until such

time as a Board is confirmed and top officers of the Corporation are hired.

188
42 USC 2297b-15.

42 USC 2297c.

The Corporation shall reimburse the Department and its contractors for

the detail of such personnel.

Sec. 1316. Working Capital Account.

There shall be established within the Corporation a Working Capital

Account in which the Corporation may retain all revenue necessary for

legitimate business expenses, or investments, related to carrying out its

purposes.

Chapter 24-Rights, Privileges, And Assets Of The Corporation

Sec. 1401. Marketing And Contracting Authority.

(a) 409 410 EXCLUSIVE MARKETING AGENT.-The Corporation

shall act as the exclusive marketing agent on behalf of the United States

Government for entering into contracts for providing enriched uranium

(including low-enriched uranium derived from highly enriched uranium)

and uranium enrichment and related services. The Department may not

market enriched uranium (including low-enriched uranium derived from

highly enriched uranium), or uranium enrichment and related services,

after the transition date.

(b) TRANSFER OF CONTRACTS.

(1) IN GENERAL.-Except as provided in paragraph (2), all

contracts, agreements, and leases with the Department, including all

uranium enrichment contracts and power purchase contracts, that have

been executed by the Department before the transition date and that

relate to uranium enrichment and related services shall transfer to the

Corporation.

(2) EXCEPTIONS.

(A) TVA SETTLEMENT.-The rights and responsibilities of

the Department under the settlement agreement with the Tennessee

Valley Authority, filed on December 18, 1987, with the United

States Court of Federal Claims,4 1' 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

4Added by Public Law 102-486 (106 Stat. 2934). 41 0

Section will be repealed on privatization date. Public Law 104-134 (110 Stat. 1321-349), April 26, 1996,

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.) 41

'Public Law 102-572 (106 Stat. 4516), Oct. 29, 1992, Title IX, section902(b)(l), struck "United States Claims

Court" and inserted "Court of Federal Claims."

189
42 USC 2297c-1.

42 USC 2297c-2.

the Department, may enter into such contracts it determines to be

appropriate.

412

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 that will remain the responsibility of the Department pursuant

412

The bracketed words "United States Court of Federal Claims" were inserted in subsection (B)(2)A) of this

section on the authority of section 902(bXl) 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 III, 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.)

190
42 USC 2297c-3.

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) that have been incurred by the United States for uranium

enrichment activities prior to the transition date.

191
42 USC 2297c-4.

42 USC 2297c-5.

42 USC 2297c-6.

42 USC 2297c-7.

Sec. 1405. Patents And Inventions.

The Corporation may at any time apply to the Department for a patent

license for the use of an invention or discovery useful in the production or

utilization of special nuclear material or atomic energy covered by a

patent when the patent has not been declared to be affected with the public

interest under section 153a. and when use of the patent is within the

Corporation's authority. An application shall constitute an application

under section 153c. subject to section 153c., d., e., f., g., and h.

Sec. 1406. Liabilities.

(a) LIABILITIES BASED ON OPERATIONS BEFORE

TRANSITION.-Except as otherwise provided in this title, all liabilities

attributable to operation of the uranium enrichment enterprise before the

transition date shall remain direct liabilities of the Department.

(b) JUDGMENTS BASED ON OPERATIONS BEFORE

TRANSITION.- Any judgment entered against the Corporation imposing

liability arising out of the operation of the uranium enrichment enterprise

before the transition date shall be considered a judgment against and shall

be payable solely by the Department.

(c) REPRESENTATION.-With regard to any claim seeking to impose

liability under subsection (a) or (b), the United States shall be represented

by the Department of Justice.

(d) JUDGMENTS BASED ON OPERATIONS AFTER

TRANSITION.-Any judgment entered against the Corporation arising

from operations of the Corporation on or after the transition date shall be

payable solely by the Corporation from its own funds. The Corporation

shall not be considered a Federal agency for purposes of chapter 171 of

title 28, United States Code.

Sec. 1407. Transfer Of Uranium Inventories.

The Secretary shall transfer to the Corporation without charge all raw

and low-enriched uranium inventories of the Department necessary for the

fulfillment of contracts transferred under section 1401 (b).

Sec. 1408. Purchase Of Highly Enriched Uranium From

Former Soviet Union.

(a) IN GENERAL.-The Corporation is authorized to negotiate the

purchase of all highly enriched uranium made available by any State of

the former Soviet Union under a government-to-government agreement or

shall assume the obligations of the Department under any contractual

agreement that has been reached with any such State or any private entity

before the transition date. The Corporation may only purchase this

material so long as the quality of the material can be made suitable for use

in commercial reactors.

(b) ASSESSMENT OF POTENTIAL USE.-The Corporation shall

prepare an assessment of the potential use of highly enriched uranium in

the business operations of the Corporation.

(c) PLAN FOR BLENDING AND CONVERSION.-In the event that

the agreement under subsection (a) provides for the Corporation to

provide for the blending and conversion the assessment shall include a

plan for such blending and conversion. The plan shall determine the leastcost approach to providing blending and conversion services, compatible

with environmental, safety, security, and nonproliferation requirements.

The plan shall include a competitive process that the Corporation shall use

for selecting a provider of such services, including the public solicitation

of proposals from the private sector to allow a determination of the leastcost approach.

192
42 USC 2297d.

42 USC 2297d-1.

(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)4 1

3 1 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 President and Congress upon

completion.

Sec. 1502. Privatization.

(a) IMPLEMENTATION.-Subsequent to transmitting a plan for

privatization pursuant to section 1501, and subject to subsections (b) and

(c), the Corporation may implement the privatization plan if the

Corporation determines, in consultation with appropriate agencies of the

United States, that privatization will-

(1) result in a return to the United States at least equal to the net

present value of the Corporation;

(2) not result in the Corporation being owned, controlled, or

dominated by an alien, a foreign corporation, or a foreign government;

(3) not be inimical to the health and safety of the public or the

common defense and security; and

4

" 3Added by Public Law 102-486 (106 Stat. 2937) 414

Section will be repealed on privatization date. Act April 26, 1996, Public Law 104-134 (110 Stat. 1321-

349), 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) 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.)

193
(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.

(a)411 416 IN GENERAL.-The Corporation shall prepare an assessment

,of the economic viability of proceeding with the commercialization of

AVLIS and alternative technologies for uranium enrichment in

accordance with this chapter. The assessment shall include-

(1) an evaluation of market conditions together with a marketing

strategy;

(2) an analysis of the economic viability of competing enrichment

technologies;

(3) an identification of predeployment and capital requirements for

the commercialization of AVLIS and alternative technologies for

uranium enrichment;

(4) an estimate of potential earnings from the licensing of AVLIS

and alternative technologies for uranium enrichment to a private

government sponsored corporation;

(5) an analysis of outstanding and potential patent and related

claims with respect to AVLIS and alternative technologies for uranium

enrichment, and a plan for resolving such claims; and

(6) a contingency plan for providing enriched uranium and related

services in the event that deployment of AVLIS and alternative

42 USC 2297e.

4

15Added by Public Law 102-486 (106 Stat. 2939). 4 16

Section will be repealed on privatization date. Act April 26, 1996, Public Law 104-134 (110 Stat. 1321-

349), Title III, 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.)

194
42 USC 2297e-1.

42 USC 2297e-2.

technologies for uranium enrichment is determined not to be

economically viable.

(b) DETERMINATION BY CORPORATION TO PROCEED WITH

COMMERCIALIZATION OF AVLIS OR ALTERNATIVE

TECHNOLOGIES FOR URANIUM ENRICHMENT.-The succeeding

sections of this chapter shall apply only to the extent the Corporation

determines in its business judgment, on the basis of the assessment

prepared under subsection (a), to proceed with the commercialization of

AVLIS or alternative technologies for uranium enrichment.

Sec. 1602. Transfer Of Rights And Property To United

States Enrichment Corporation.

(a) EXCLUSIVE RIGHT TO COMMERCIALIZE.-The Corporation

shall have the exclusive commercial right to deploy and use any AVLIS

patents, processes, and technical information owned or controlled by the

Government, upon completion of a royalty agreement with the

Department.

(b) TRANSFER OF RELATED PROPERTY TO CORPORATION.-

(1) IN GENERAL.-TO the extent requested by the Corporation,

the President shall transfer without charge to the Corporation all of the

Department's right, title, or interest in and to property owned by the

Department, or by the United States but under control or custody of

the Department, that is directly related to and materially useful in the

performance of the Corporation's purposes regarding AVLIS and

alternative technologies for uranium enrichment, including-

(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.

See. 1603. Predeployment Activities By United States

Enrichment Corporation.

The Corporation may begin activities necessary to prepare AVLIS or

alternative technologies for uranium enrichment for commercialization

including-

(1) completion of preapplication activities with the Nuclear

Regulatory Commission;

(2) preparation of a transition plan to move AVLIS or alternative

technologies for uranium enrichment from the laboratory to the

marketplace;

(3) confirmation of technical performance;

195
42 USC 2297e-3.

(4) validation of economic projections;

(5) completion of feasibility and risk studies;

(6) initiation of preliminary plant design and engineering; and

(7) site selection, site characterization, and environmental

documentation activities on the basis of site evaluations and

recommendations prepared for the Department by the Argonne

National Laboratory.

Sec. 1604. United States Enrichment Corporation Sponsorship Of Private For-Profit Corporation To

Construct Avlis And Alternative Technologies For

Uranium Enrichment.

(a) ESTABLISHMENT.-

(1) IN GENERAL.-If the Corporation determines to proceed with

the commercialization of AVLIS or alternative technologies for

uranium enrichment under this chapter, the Corporation may provide

for the establishment of a private for-profit corporation, which shall

have as its initial purpose the construction of a uranium enrichment

facility using AVLIS technology or alternative technologies for

uranium enrichment.

(2) PROCESS OF ORGANIZATION.-For purposes of the

establishment of the private corporation under paragraph (1), the

Corporation shall appoint not less than 3 persons to be incorporators.

The incorporators so appointed shall each sign the articles of

incorporation and shall serve as the initial board of directors until the

members of the 1 st 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

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,

196
42 USC 2297e-4.

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 Corporation.

(b) EXPENDITURES FROM FUND.-Amounts in the AVLIS

Commercialization Fund shall be available for-

(1) expenses of the Corporation in preparing the assessment under

section 1601;

(2) expenses of predeployment activities under section 1603; and

(3) grants to the private corporation under section 1604.

(c) LIMITATIONS.-

(1) EXCLUSIVE SOURCE OF FUNDS.-The Corporation may

not incur any obligation, or expend any amount, with respect to

AVLIS or alternative technologies for uranium enrichment, except

from amounts available in the AVLIS Commercialization Fund.

(2) UNAVAILABLE FOR CONSTRUCTION COSTS.-No

amount may be used from the AVLIS Commercialization Fund for the

costs of constructing an AVLIS, or alternative technologies for

uranium enrichment, production facility or engaging in directly related

preconstruction activities (other than activities specified in subsection

(b)).

(d) AUTHORIZATION OF APPROPRIATIONS.-There is authorized

to be appropriated $364,000,000 from the Uranium Enrichment Special

Fund for purposes of this section.

(e) COST REPORT.-On the basis of the assessment under section

1601 (a)(3), the Corporation shall submit to the Congress a report on the

capital requirements for commercialization of AVLIS.

Sec. 1606. Department Research And Development

Assistance.

197
42 USC 2297e-5.

42 USC 2297e-6.

42 USC 2297e-7.

If requested by the Corporation, the Secretary shall provide, on a

reimbursable basis, research and development of AVLIS and alternative

technologies for uranium enrichment.

Sec. 1607. Site Selection.

This chapter shall not prejudice consideration of the site of an existing

uranium enrichment facility as a candidate site for future expansion or

replacement of uranium enrichment capacity through AVLIS or

alternative technologies for uranium enrichment. Selection of a site for the

AVLIS, or alternative technologies for uranium enrichment, facility shall

be made on a competitive basis, taking into consideration economic

performance, environmental compatibility, and use of any existing

uranium enrichment facilities.

Sec. 1608. Exclusion From Price-Anderson Coverage.

Section 170 shall not apply to any license under section 53, 63, or 103

for a uranium enrichment facility constructed after the date of the

enactment of this title.

Chapter 27-Licensing And Regulation Of Uranium

Enricliment Facilities

42 USC 2297f.

Sec. 1701. Gaseous Diffusion Facilities.

(a)417 41 ISSUANCE OF STANDARDS.-Within 2 years after the date

of the enactment of this title [enacted October 24, 1992], the Nuclear

Regulatory Commission shall establish by regulation such standards as are

necessary to govern the gaseous diffusion uranium enrichment facilities of

the Department in order to protect the public health and safety from

radiological hazard and provide for the common defense and security.

Regulations promulgated pursuant to this subsection shall, among other

things, require that adequate safeguards (within the meaning of section

147) are in place.

(b) ANNUAL REPORT.-

(1) IN GENERAL.-Not later than the date on which a certificate of

compliance is issued under subsection (c), the Nuclear Regulatory

Commission in consultation with the Department and the

Environmental Protection Agency, shall report to the Congress on the

status of health, safety, and environmental conditions at the gaseous

diffusion uranium enrichment facilities of the Department.

(2) REQUIRED DETERMINATION.-Such report shall include a

determination regarding whether the gaseous diffusion uranium

enrichment facilities of the Department are in compliance with the

standards established under subsection (a) and all applicable laws.

(c) CERTIFICATION PROCESS.-

(1) ESTABLISHMENT.-The Nuclear Regulatory Commission

shall establish a certification process to ensure that the Corporation

complies with standards established under subsection (a).

4 1

TAdded by Public Law 102-486 (106 Star. 2951), October 24, 1992, as amended by Public 104-134, (110 Stat.

1321-349), April 26, 1996, Title III, Chapter 1, subchapter A, section 3116(b)(3); Public Law 105-362 (112

Stat. 3292), November 10, 1998, Title II, section 1202. 418

Section will be repealed on privatization 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.)

198
(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.419

(3) TREATMENT OF CERTIFICATE OF COMPLIANCE.-The

requirement for a certificate of compliance under paragraph (1) shall

be in lieu of any requirement for a license for any gaseous diffusion

facility of the Department leased by the Corporation.

(4) NRC REVIEW.-

(A) IN GENERAL-The Nuclear Regulatory Commission, in

consultation with the Environmental Protection Agency, shall

review the operations of the Corporation with respect to any

gaseous diffusion uranium enrichment facilities of the Department

leased by the Corporation to ensure that public health and safety

are adequately protected.

(B) ACCESS TO FACILITIES AND INFORMATION.- The

Corporation and the Department shall cooperate fully with the

Nuclear Regulatory Commission and the Environmental Protection

Agency and shall provide the Nuclear Regulatory Commission and

the Environmental Protection Agency with the ready access to the

facilities, personnel, and information the Nuclear Regulatory

Commission and the Environmental Protection Agency consider

necessary to carry out their responsibilities under this subsection.

A contractor operating a Corporation facility for the Corporation

shall provide the Nuclear Regulatory Commission and the

Environmental Protection Agency with ready access to the

facilities, personnel, and information of the contractor as the

Nuclear Regulatory Commission and the Environmental Protection

Agency consider necessary to carry out their responsibilities under

this subsection.

(C) LIMITATION.-The Nuclear Regulatory Commission shall

limit its finding under subsection (b)(2) to a determination of

whether the facilities are in compliance with the standards

established under subsection (a).

(d) REQUIREMENT FOR OPERATION.-The gaseous diffusion

uranium enrichment facilities of the Department may not be operated by

the Corporation unless the Nuclear Regulatory Commission, in

consultation with the Environmental Protection Agency, makes a

determination of compliance under subsection (b) or approves a plan

prepared by the Department for achieving compliance required under

subsection (b).

Sec. 1702. Licensing Of Other Technologies.

(a) IN GENERAL.-Corporation facilities using alternative

technologies for uranium enrichment, including than AVLIS, shall be

licensed under sections 53, 63, and 193.420

(b) COSTS FOR DECONTAMINATION AND

DECOMMISSIONING.-The Corporation shall provide for the costs of

42 USC 2297f-1.

419

As amended April 26, 1996, Public Law 104-134 (110 Stat. 1321-349), Nov. 10, 1998, Title III, Chapter 1,

subchapter A, section 3116(b)(3); Public Law 105-362 (112 Stat. 3292), Title XII, section 1202. 42 5

Public Law 104-134 (110 Stat. 1321-349), April 26, 1996, Title 111, Chapter 1, subchapter A, section

3116(bX4).

199
42 USC 2297f-2.

42 USC 2297g.

42 USC 2297g1.

decontamination and decommissioning of any Corporation facilities

described in subsection (a) in accordance with the requirements of the

amendments made by section 5 of the Solar, Wind, Waste, and

Geothermal Power Production Act of 1990.

Sec. 1703. Regulation Of Restricted Data.

The Corporation shall be subject to this Act with respect to the use of,

or access to, Restricted Data to the same extent as any private corporation.

Chapter 28-Decontamination And Decommissioning

Sec. 1801. Uranium Enrichment Decontamination And

Decommissioning Fund.

(a)42. 422 ESTABLISHMENT.-There is established in the Treasury of the

United States an account to be known as the Uranium Enrichment

Decontamination and Decommissioning Fund (referred to in this chapter

as the "Fund"). The Fund, and any amounts deposited in it, including any

interest earned thereon, shall be available to the Secretary subject to

appropriations for the exclusive purpose of carrying out this chapter.

(b) ADMINISTRATION.-

(1) IN GENERAL.-The Secretary of the Treasury shall hold the

Fund and, after consultation with the Secretary, annually report to the

Congress on the financial condition and operations of the Fund during

the preceding fiscal year.

(2) INVESTMENTS.-The Secretary of the Treasury shall invest

amounts contained within the Fund in obligations of the United State-

(A) having maturities determined by the Secretary of the

Treasury to be appropriate for what the Department determines to

be the needs of the Fund; and

(B) bearing interest at rates determined to be appropriate by the

Secretary of the Treasury, taking into consideration the current

average market yield on outstanding marketable obligations of the

United States with remaining periods to maturity comparable to

these obligations.

Sec. 1802. Deposits.

(a) AMOUNT.-The Fund shall consist of deposits in the amount of

$488,333,333423 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:

(1) Sums collected pursuant to subsection (c).

(2) Appropriations made pursuant to subsection (d).

(c) SPECIAL ASSESSMENT.-The Secretary shall collect a special

assessment from domestic utilities. The total amount collected for a fiscal

year shall not exceed $160,000,000 (to be annually adjusted for inflation

4

21Added by Public Law 102-486 (106 Stat. 2953) 4

22

Section will be repealed on privatization date. Act April 26, 1996, Public Law 104-134 (110 Stat. 1321-

349), Title III, 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.) 423

Public Law 105-388 (112 Stat. 3485), Nov. 13, 1998 struck "$488,333,333".

200
using the Consumer Price Index for all-urban consumers published by the

Department of Labor). The amount collected from each utility pursuant to

this subsection on for a fiscal year shall be in the same ratio to the amount

required under subsection (a) to be deposited for such fiscal year as the

total amount of separative work units such utility has purchased from the

Department of Energy for the purpose of commercial electricity

generation, before the date of the enactment of this title, bears to the total

amount of separative work units purchased from the Department of

Energy for all purposes (including units purchased or produced for

defense purposes) before the date of the enactment of this title. For

purposes of this subsection-

(1) a utility shall be considered to have purchased a separative

work unit from the Department if such separative work unit was

produced by the Department, but purchased by the utility from another

source; and

(2) a utility shall not be considered to have purchased a separative

work unit from the Department if such separative work unit was

purchased by the utility, but sold to another source.

(d) AUTHORIZATION OF APPROPRIATIONS.-There are

authorized to be appropriated to the Fund, for the period encompassing 15

years after the date of the enactment of this title, such sums as are

necessary to ensure that the amount required under subsection (a) is

deposited for each fiscal year.

(e) TERMINATION OF ASSESSMENTS.-The collection of amounts

under subsection (c) shall cease after the earlier of-

(1) 16 years after the date of the enactment of this title; or

(2) the collection of $2,260,000,000 (to be annually adjusted for

inflation using the Consumer Price Index for all-urban consumers

published by the Department of Labor) under such subsection.

(f) CONTINUATION OF DEPOSITS.-Except as provided in

subsection (e), deposits shall continue to be made into the Fund under

subsection (d) for the period specified in such subsection.

(g) TREATMENT OF ASSESSMENT.-Any special assessment

levied under this section on domestic utilities for the decontamination and

decommissioning of the Department's gaseous diffusion enrichment

facilities shall be deemed a necessary and reasonable current cost of fuel

and shall be fully recoverable in rates in all jurisdictions in the same

manner as the utility's other fuel cost.

Sec. 1803. Department Facilities.

(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.-The

National Academy of Sciences shall conduct a study and provide

recommendations for reducing costs associated with decontamination and

decommissioning, and shall report its findings to the Congress within 3

years after the date of the enactment of this title. Such report shall include

a determination of the decontamination and decommissioning required for

each facility shall identify alternative methods, using different

technologies, shall include sit-specific surveys of the actual

contamination, and shall provide estimated costs of those activities.

(b) PAYMENT OF DECONTAMINATION AND

DECOMMISSIONING COSTS.-The costs of all decontamination and

decommissioning activities of the Department shall be paid from the Fund

until such time as the Secretary certifies and the Congress concurs, by

law, that such activities are complete.

(c) PAYMENT OF REMEDIAL ACTION COSTS.-The annual cost

of remedial action at the Department's gaseous diffusion facilities shall be

paid from the Fund to the extent the amount available in the Fund is

sufficient. To the extent the amount in the Fund is insufficient, the

201

42 USC 2297g-2.
42 USC 2297g-3.

42 USC 2297g-4.

Department shall be responsible for the cost of remedial action. No

provision of this title may be construed to relieve in any way the

responsibility or liability of the Department for remedial action under

applicable Federal and State laws and regulations.

Sec. 1804. Employee Provisions.

All laborers and mechanics employed by contractors or subcontractors

in the performance'of decontamination or decommissioning of uranium

enrichment facilities of the Department shall be paid wages at rates not

less than those prevailing on projects of a similar character in the locality

as determined by the Secretary of Labor in accordance with the Act of

March 3, 1931 (known as the Davis-Bacon Act) (40 USC 276a et seq.).

The Secretary of Labor shall have, with respect to the labor standards

specified in this section, the authority and functions set forth in

Reorganization Plan Numbered 14 of 1950 (15 FR 3176, 64 Stat. 1267)

and the Act of June 13, 1934 (40 USC 276c). This section may not be

construed to require the contracting out of activities associated with the

decontamination or decommissioning of uranium enrichment facilities.

Sec. 1805. Reports To Congress.

Within 3 years after the date of the enactment of this title, and at least

once every 3 years thereafter, the Secretary shall report to the Congress on

progress under this chapter. The 5th report submitted under this section

shall contain recommendations of the Secretary for the reauthorization of

the program and Fund under this title.

Title III-Rescissions And Offsets

Chapter 1-Energy And Water Development Uranium Enrichment

Capacity

Subchapter A-United States Enrichment Corporation Privatization

Sec. 3101. Short Title.

This subchapter may be cited as the "USEC Privatization Act.",424 425

Sec. 3102. Definitions.

Except as provided in section 3112A, for purposes of this

subchapter:

426

(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.

42 USC 2011

note.

42 USC 2297h.

424

This 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. 425

Section will be repealed on privatization date. Act April 26, 1996, Public Law 104-134 (110 Stat. 1321-

349), Title III, 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.)

426 Public Law 110-329 (122 Stat. 3647) struck out "For purposes" and inserted "Except as provided in section

3112A".

202
(3) The term "gaseous diffusion plants" means the Paducah

Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth

Gaseous Diffusion Plant at Piketon, Ohio.

(4) The term "highly enriched uranium" means uranium enriched

to 20 percent or more of the uranium-235 isotope.

(5) The term "low-enriched uranium" means uranium enriched to

less than 20 percent of the uranium-235 isotope, including that which

is derived from highly enriched uranium.

(6) The term "low-level radioactive waste" has the meaning given

such term in section 2(9) of the Low-Level Radioactive Waste Policy

Act (42 USC 2021b(9)).

(7) The term "private corporation" means the corporation

established under section 3105.

(8) The term "privatization" means the transfer of ownership of the

Corporation to private investors.

(9) The term "privatization date" means the date on which 100

percent of the ownership of the Corporation has been transferred to

private investors.

(10) The term "public offering" means an underwritten offering to

the public of the common stock of the private corporation pursuant to

section 3104.

(11) The "Russian HEU Agreement" means the Agreement

Between the Government of the United States of America and the

Government of the Russian Federation Concerning the Disposition of

Highly Enriched Uranium Extracted from Nuclear Weapons, dated

February 18, 1993.

(12) The term "Secretary" means the Secretary of Energy.

(13) The "Suspension Agreement" means the Agreement to

Suspend the Antidumping Investigation on Uranium from the Russian

Federation, as amended.

(14) The term "uranium enrichment" means the separation of

uranium of a given isotopic content into two components, one having a

higher percentage of a fissile isotope and one having a lower

percentage.

See. 3103. Sale Of The Corporation.

(a) Authorization.-The Board of Directors of the Corporation, with the

approval of the Secretary of the Treasury, shall transfer the interest of the

United States in the United States Enrichment Corporation to the private

sector in a manner that provides for the long-term viability of the

Corporation, provides for the continuation by the Corporation of the

operation of the Department of Energy's gaseous diffusion plants,

provides for the protection of the public interest in maintaining a reliable

and economical domestic source of uranium mining, enrichment and

conversion services, and, to the extent not inconsistent with such

purposes, secures the maximum proceeds to the United States.

(b) Proceeds.-Proceeds from the sale of the United States' interest in

the Corporation shall be deposited in the general fund of the Treasury.

Sec. 3104. Method Of Sale.

(a) Authorization.-The Board of Directors of the Corporation, with the

approval of the Secretary of the Treasury, shall transfer ownership of the

assets and obligations of the Corporation to the private corporation

established under section 3105 (which may be consummated through a

merger or consolidation effected in accordance with, and having the

effects provided under, the law of the State of incorporation of the private

corporation, as if the Corporation were incorporated thereunder).

42 USC 2297h-1.

42 USC 2297h-2.

203
42 USC 2297h-3.

(b) Board Determination.-The Board, with the approval of the

Secretary of the Treasury, shall select the method of transfer and establish

terms and conditions for the transfer that will provide the maximum

proceeds to the Treasury of the United States and will provide for the

long-term viability of the private corporation, the continued operation of

the gaseous diffusion plants, and the public interest in maintaining reliable

and economical domestic uranium mining and enrichment industries.

(c) Adequate Proceeds.-The Secretary of the Treasury shall not allow

the privatization of the Corporation unless before the sale date the

Secretary of the Treasury determines that the method of transfer will

provide the maximum proceeds to the Treasury consistent with the

principles set forth in section 3103(a).

(d) Application of Securities Laws.-Any offering or sale of securities

by the private corporation shall be subject to the Securities Act of 1933

(15 USC 77a et seq.), the Securities Exchange Act of 1934 (15 USC 78a

et seq.), and the provisions of the Constitution and laws of any State,

territory, or possession of the United States relating to transactions in

securities.

(e) Expenses.-Expenses of privatization shall be paid from

Corporation revenue accounts in the United States Treasury.

Sec. 3105. Establishment Of Private Corporation.

(a) Incorporation.-

(1) The directors of the Corporation shall establish a private forprofit corporation under the laws of a State for the purpose of

receiving the assets and obligations of the Corporation at privatization

and continuing the business operations of the Corporation following

privatization.

(2) The directors of the Corporation may serve as incorporators of

the private corporation and shall take all steps necessary to establish

the private corporation, including the filing of articles of incorporation

consistent with the provisions of this subchapter.

(3) Employees and officers of the Corporation (including members

of the Board of Directors) acting in accordance with this section on

behalf of the private corporation shall be deemed to be acting in their

official capacities as employees or officers of the Corporation for

purposes of section 205 of title 18, United States Code.

(b) Status of the Private Corporation.-

(1) The private corporation shall not be an agency, instrumentality,

or establishment of the United States, a Government corporation, or a

Government-controlled corporation.

(2) Except as otherwise provided by this subchapter, financial

obligations of the private corporation shall not be obligations of, or

guaranteed as to principal or interest by, the Corporation or the United

States, and the obligations shall so plainly state.

(3) No action under section 1491 of title 28, United States Code,

shall be allowable against the United States based on actions of the

private corporation.

(c) Application of Post-Government Employment Restrictions.-

Beginning on the privatization date, the restrictions stated in section

207(a), (b), (c), and (d) of title 18, United States Code, shall not apply to

the acts of an individual done in carrying out official duties as a director,

officer, or employee of the private corporation, if the individual was an

officer or employee of the Corporation (including a director) continuously

during the 45 days prior to the privatization date.

(d) Dissolution.-In the event that the privatization does not occur, the

Corporation will provide for the dissolution of the private corporation

204
42 USC 2297h-4.

Records.

42 USC 2297h-5.

within one year of the private corporation's incorporation unless the

Secretary of the Treasury or his delegate, upon the Corporation's request,

agrees to delay any such dissolution for an additional year.

Sec. 3106. Transfers To The Private Corporation.

Concurrent with privatization, the Corporation shall transfer to the

private corporation-

(1) the lease of the gaseous diffusion plants in accordance with

section 3107,

(2) all personal property and inventories of the Corporation,

(3) all contracts, agreements, and leases under section 3108(a),

(4) the Corporation's right to purchase power from the Secretary

under section 3108(b),

(5) such funds in accounts of the Corporation held by the Treasury

or on deposit with any bank or other financial institution as approved

by the Secretary of the Treasury, and

(6) all of the Corporation's records, including all of the papers and

other documentary materials, regardless of physical form or

characteristics, made or received by the Corporation.

Sec. 3107. Leasing Of Gaseous Diffusion Facilities.

(a) Transfer of Lease.-Concurrent with privatization, the Corporation

shall transfer to the private corporation the lease of the gaseous diffusion

plants and related property for the remainder of the term of such lease in

accordance with the terms of such lease.

(b) Renewal.-The private corporation shall have the exclusive option

to lease the gaseous diffusion plants and related property for additional

periods following the expiration of the initial term of the lease.

(c) Exclusion of Facilities for Production of Highly Enriched

Uranium.-The Secretary shall not lease to the private corporation any

facilities necessary for the production of highly enriched uranium but

may, subject to the requirements of the Atomic Energy Act of 1954 (42

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 22 10(d)).

(g) Waiver of EIS Requirement.-The execution or transfer of the lease

between the Secretary and the Corporation or the private corporation, and

any extension or renewal thereof, shall not be considered to be a major

Federal action significantly affecting the quality of the human

environment for purposes of section 102 of the National Environmental

Policy Act of 1969 (42 USC 4332).

(h) Maintenance of Security

(1) In General-With respect to the Paducah Gaseous Diffusion

Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio,

the guidelines relating to the authority of the Department of Energy's

205
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

officers427 carrying sidearms at all times to ensure maintenance of

security at the gaseous diffusion plants (whether a gaseous diffusion

plant is operated directly by a Federal agency or by a private entity

under a contract or lease with a Federal agency).

(2) Funding428

(A) The costs of arming and providing arrest authority to the

security policy officers required under paragraph (1) shall be paid

as follows:

(i) the Department of Energy (the "Department") shall pay

the percentage of the costs equal to the percentage of the total

number of employees at the gaseous diffusion plant who are:

(I) employees of the Department or the contractor or

subcontractors of the Department; or (II) employees of the

private entity leasing the gaseous diffusion plant who perform

work on behalf of the Department (including employees of a

contractor or subcontractor of the private entity); and

(ii) the private entity leasing the gaseous diffusion plant

shall pay the percentage of the costs equal to the percentage of

the total number of employees at the gaseous diffusion plant

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.

429

Sec. 3108. Transfer Of Contracts.

(a) Transfer of Contracts.-Concurrent with privatization, the

Corporation shall transfer to the private corporation all contracts,

agreements, and leases, including all uranium enrichment contracts, that

were-

(1) transferred by the Secretary to the Corporation pursuant to

section 1401(b) of the Atomic Energy Act of 1954 (42 USC 2297c(b)),

or

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

2' 2 Public Law 105-245 (112 Stat. 1853), Title III, section 310, Oct. 7, 1998. 42

1Public Law 105-245 (112 Stat. 1853), Oct. 7, 1998, Title III, section 310: added new paragraph (2). 42

'Public Law 104-134 (110 Stat. 1321-338), Apr. 26, 1996, Title I1I, 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 111, section 310.

206
executed by the Secretary before July 1, 1993. The Secretary shall

continue to receive power for the gaseous diffusion plants under such

contracts and shall continue to resell such power to the private corporation

at cost during the term of such contracts.

(c) Effect of Transfer.-(1) Notwithstanding subsection (a), the United

States shall remain obligated to the parties to the contracts, agreements,

and leases transferred under subsection (a) for the performance of its

obligations under such contracts, agreements, or leases during their terms.

Performance of such obligations by the private corporation shall be

considered performance by the United States.

(2) If a contract, agreement, or lease transferred under subsection

(a) is terminated, extended, or materially amended after the

privatization date-

(A) the private corporation shall be responsible for any

obligation arising under such contract, agreement, or lease after

any extension or material amendment, and

(B) the United States shall be responsible for any obligation

arising under the contract, agreement, or lease before the

termination, extension, or material amendment.

(3) The private corporation shall reimburse the United States for

any amount paid by the United States under a settlement agreement

entered into with the consent of the private corporation or under a

judgment, if the settlement or judgment-

(A) arises out of an obligation under a contract, agreement, or

lease transferred under subsection (a), and

(B) arises out of actions of the private corporation between the

privatization date and the date of a termination, extension, or

material amendment of such contract, agreement, or lease.

(d) Pricing.-The Corporation may establish prices for its products,

materials, and services provided to customers on a basis that will allow it

to attain the normal business objectives of a profit making corporation.

Sec. 3109. Liabilities.

(a) Liability of the United States.-

(1) Except as otherwise provided in this subchapter, all liabilities

arising out of the operation of the uranium enrichment enterprise

before July 1, 1993, shall remain the direct liabilities of the Secretary.

(2) Except as provided in subsection (a)(3) or otherwise provided

in a memorandum of agreement entered into by the Corporation and

the Office of Management and Budget prior to the privatization date,

all liabilities arising out of the operation of the Corporation between

July 1, 1993, and the privatization date shall remain the direct

liabilities of the United States.

(3) All liabilities arising out of the disposal of depleted uranium

generated by the Corporation between July 1, 1993, and the

privatization date shall become the direct liabilities of the Secretary.

(4) Any stated or implied consent for the United States, or any

agent or officer of the United States, to be sued by any person for any

legal, equitable, or other relief with respect to any claim arising from

any action taken by any agent or officer of the United States in

connection with the privatization of the Corporation is hereby

withdrawn.

(5) To the extent that any claim against the United States under this

section is of the type otherwise required by Federal statute or

regulation to be presented to a Federal agency or official for

adjudication or review, such claim shall be presented to the

Department of Energy in accordance with procedures to be established

207

42 USC 2297h-7.
42 USC 2297h-8.

by the Secretary. Nothing in this paragraph shall be construed to

impose on the Department of Energy liability to pay any claim

presented pursuant to this paragraph.

(6) The Attorney General shall represent the United States in any

action seeking to impose liability under this subsection.

(b) Liability of the Corporation.-Notwithstanding any provision of any

agreement to which the Corporation is a party, the Corporation shall not

be considered in breach, default, or violation of any agreement because of

the transfer of such agreement to the private corporation under section

3108 or any other action the Corporation is required to take under this

subchapter.

(c) Liability of the Private Corporation.-Except as provided in this

subchapter, the private corporation shall be liable for any liabilities arising

out of its operations after the privatization date.

(d) Liability of Officers and Directors.-

(1) No officer, director, employee, or agent of the Corporation

shall be liable in any civil proceeding to any party in connection with

any action taken in connection with the privatization if, with respect to

the subject matter of the action, suit, or proceeding, such person was

acting within the scope of his employment.

(2) This subsection shall not apply to claims arising under the

Securities Act of 1933 (15 USC 77a. et seq.), the Securities Exchange

Act of 1934 (15 USC 78a. et seq.), or under the Constitution or laws of

any State, territory, or possession of the United States relating to

transactions in securities.

See. 3110. Employee Protections.

(a) Contractor Employees.-

(1) Privatization shall not diminish the accrued, vested pension

benefits of employees of the Corporation's operating contractor at the

two gaseous diffusion plants.

(2) In the event that the private corporation terminates or changes

the contractor at either or both of the gaseous diffusion plants, the plan

sponsor or other appropriate fiduciary of the pension plan covering

employees of the prior operating contractor shall arrange for the

transfer of all plan assets and liabilities relating to accrued pension

benefits of such plan's participants and beneficiaries from such plant

to a pension plan sponsored by the new contractor or the private

corporation or a joint labor-management plan, as the case may be.

(3) In addition to any obligations arising under the National Labor

Relations Act (29 USC 151 et seq.), any employer (including the

private corporation if it operates a gaseous diffusion plant without a

contractor or any contractor of the private corporation) at a gaseous

diffusion plant shall-

(A) abide by the terms of any unexpired collective bargaining

agreement covering employees in bargaining units at the plant and

in effect on the privatization date until the stated expiration or

termination date of the agreement; or

(B) in the event a collective bargaining agreement is not in

effect upon the privatization date, have the same bargaining

obligations under section 8(d) of the National Labor Relations Act

(29 USC 158(d)) as it had immediately before the privatization

date.

(4) If the private corporation replaces its operating contractor at a

gaseous diffusion plant, the new employer (including the new

contractor or the private corporation if it operates a gaseous diffusion

plant without a contractor) shall208
(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 vested participants in a pension plan maintained either by the

Corporation's operating contractor or by a contractor employed

prior to July 1, 1993, by the Department of Energy to operate a

gaseous diffusion plant; and

(ii) persons who are employed by the Corporation's

operating contractor on or before the privatization date and are

vested participants in a pension plan maintained either by the

Corporation's operating contractor or by a contractor employed

prior to July 1, 1993, by the Department of Energy to operate a

gaseous diffusion plant.

(C) The Secretary shall fund the entire cost of post-retirement

health benefits for persons who retired from employment with an

operating contractor prior to July 1, 1993.

(D) The Secretary and the Corporation shall fund the cost of

post-retirement health benefits for persons who retire from

employment with an operating contractor on or after July 1, 1993,

in proportion to the retired person's years and months of service at

a gaseous diffusion plant under their respective management.

(7)(A) Any suit under this subsection alleging a violation of an

agreement between an employer and a labor organization shall be

brought in accordance with section 301 of the Labor Management

Relations Act (29 USC 185).

(B) Any charge under this subsection alleging an unfair labor

practice violative of section 8 of the National Labor Relations Act

(29 USC 158) shall be pursued in accordance with section 10 of

the National Labor Relations Act (29 USC 160).

(C) Any suit alleging a violation of any provision of this

subsection, to the extent it does not allege a violation of the

National Labor Relations Act, may be brought in any district court

of the United States having jurisdiction over the parties, without

regard to the amount in controversy or the citizenship of the

parties.

209
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.45U

(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);

(B) such additional agency contributions as are determined

necessary by the Office of Personnel Management to pay, in

combination with the sums under subparagraph (A), the "normal

cost" (determined using dynamic assumptions) of retirement

benefits for those employees who elect to retain their coverage

under CSRS pursuant to paragraph (1), with the concept of "normal cost" being used consistent with generally accepted

actuarial standards and principles; and

(C) such additional amounts, not to exceed two percent of the

amounts under subparagraphs (A) and (B), as are determined

necessary by the Office of Personnel Management to pay the cost

43

'Public Law 109-58 (119 Stat. 790), August 8, 2005, section 633, added new section (8).

210
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.

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,

211

42 USC 2297h-9.
42 USC 2297h-10.

(2) members of the underwriting syndicate purchasing shares in

stabilization transactions in connection with the privatization, or

(3) in the case of shares beneficially held in the ordinary course of

business for others, any commercial bank, broker-dealer, or clearing

agency.

Sec. 3112. Uranium Transfers And Sales.

(a) Transfers and Sales by the Secretary.-The Secretary shall not

provide enrichment services or transfer or sell any uranium (including

natural uranium concentrates, natural uranium hexafluoride, or enriched

uranium in any form) to any person except as consistent with this section.

(b) Russian HEU.

(1) On or before December 31, 1996, the United States Executive

Agent under the Russian HEU Agreement shall transfer to the

Secretary without charge title to an amount of uranium hexafluoride

equivalent to the natural uranium component of low-enriched uranium

derived from at least 18 metric tons of highly enriched uranium

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,

(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 U30 8 equivalent per year.

(3) With respect to all enriched uranium delivered to the United

States Executive Agent under the Russian HEU Agreement on or after

January 1, 1997, the United States Executive Agent shall, upon request

of the Russian Executive Agent, enter into an agreement to deliver

concurrently to the Russian Executive Agent an amount of uranium

hexafluoride equivalent to the natural uranium component of such

uranium. An agreement executed pursuant to a request of the Russian

Executive Agent, as contemplated in this paragraph, may pertain to

any deliveries due during any period remaining under the Russian

HEU Agreement. The quantity of such uranium hexafluoride delivered

to the Russian Executive Agent shall be based on a tails assay of 0.30

U235. Title to uranium hexafluoride delivered to the Russian Executive

Agent pursuant to this paragraph shall transfer to the Russian

Executive Agent upon delivery of such material to the Russian

Executive Agent, with such delivery to take place at a North American

facility designated by the Russian Executive Agent. Uranium

hexafluoride delivered to the Russian Executive Agent pursuant to this

paragraph shall be deemed under U.S. law for all purposes to be of

Russian origin. Such uranium hexafluoride may be sold to any person

or entity for delivery and use in the United States only as permitted in

subsections (b)(5), (b)(6) and (b)(7) of this section.

212
(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 U2". Title to uranium

hexafluoride auctioned pursuant to this paragraph shall transfer to the

buyer of such material upon delivery of such material to the buyer.

Uranium hexafluoride auctioned pursuant to this paragraph shall be

deemed under United States law for all purposes to be of Russian

origin.

(5) Except as provided in paragraphs (6) and (7), uranium

hexafluoride delivered to the Russian Executive Agent under

paragraph (3) or auctioned pursuant to paragraph (4), may not be

delivered for consumption by end users in the United States either

directly or indirectly prior to January 1, 1998, and thereafter only in

accordance with the following schedule:

Annual Maximum Deliveries to End Users

(millions lbs. U308

Year: equivalent)

199 8 ................................................................................. . . 2

1999 .................................................................................. . . 4

200 0 .................................................................................. . . 6

20 0 1 ....................................................... ............................. . . 8

200 2 .................................................................................. . . 10

2 0 0 3 ....................................................... ........................... . . 12

2 004 .................................................................................. . . 14

200 5 .................................................................................. . . 16

2 00 6 .................................................................................. . . 17

2 0 0 7 ....................................................... ........................... . . 18

200 8 .................................................................................. . . 19

2009 and each year thereafter ............................................... 20.

(6) Uranium hexafluoride delivered to the Russian Executive Agent

under paragraph (3) or auctioned pursuant to paragraph (4) may be

sold at any time as Russian-origin natural uranium in a matched sale

pursuant to the Suspension Agreement, and in such case shall not be

counted against the annual maximum deliveries set forth in paragraph

(5).

213
(7) Uranium hexafluoride delivered to the Russian Executive

Agent under paragraph (3) or auctioned pursuant to paragraph (4) may

be sold at any time for use in the United States for the purpose of

overfeeding in the operations of enrichment facilities.

(8) Nothing in this subsection (b) shall restrict the sale of the

conversion component of such uranium hexafluoride.

(9) The Secretary of Commerce shall have responsibility for the

administration and enforcement of the limitations set forth in this

subsection. The Secretary of Commerce may require any person to

provide any certifications, information, or take any action that may be

necessary to enforce these limitations. The United States Customs

Service shall maintain and provide any information required by the

Secretary of Commerce and shall take any action requested by the

Secretary of Commerce which is necessary for the administration and

enforcement of the uranium delivery limitations set forth in this

section.

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

at the gaseous diffusion plants as a result of the Russian HEU

Agreement.

(c) Transfers to the Corporation.-(1) The Secretary shall transfer to the

Corporation without charge up to 50 metric tons of enriched uranium and

up to 7,000 metric tons of natural uranium from the Department of

Energy's stockpile, subject to the restrictions in subsection (c)(2).

(2) The Corporation shall not deliver for commercial end use in the

United States-

(A) any of the uranium transferred under this subsection before

January 1, 1998;

(B) more than 10 percent of the uranium (by uranium

hexafluoride equivalent content) transferred under this subsection

or more than 4,000,000 pounds, whichever is less, in any calendar

year after 1997; or

(C) more than 800,000 separative work units contained in lowenriched uranium transferred under this subsection in any calendar

year.

(d) Inventory Sales.-(1) In addition to the transfers authorized under

subsections (c) and (e), the Secretary may, from time to time, sell natural

and low-enriched uranium (including low-enriched uranium derived from

highly enriched uranium) from the Department of Energy's stockpile.

(2) Except as provided in subsections (b), (c), and (e), no sale or

transfer of natural or low-enriched uranium shall be made unlessPresident. (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.

214
42 USC 2297hlOa.

(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. 3112a. Incentives For Additional Downblending Of

Highly Enriched Uranium By The Russian Federation.

(a) DEFINITIONS.-In this section:

(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.-The

term 'completion of the Russian HEU Agreement' means the importation

into the United States from the Russian Federation pursuant to the

Russian HEU Agreement of uranium derived from the downblending

of not less than 500 metric tons of highly enriched uranium of

weapons origin.

(2) DOWNBLENDING.-The term 'downblending' means

processing highly enriched uranium into a uranium product in any

form in which the uranium contains less than 20 percent uranium-235.

(3) HIGHLY ENRICHED URANIUM.-The term 'highly

enriched uranium' has the meaning given that term in section 3102(4).

(4) HIGHLY ENRICHED URANIUM OF WEAPONS

ORIGIN.-The term 'highly enriched uranium of weapons origin'

means highly enriched uranium that-

(A) contains 90 percent or more uranium-235; and

(B) is verified by the Secretary of Energy to be of weapons

origin.

(5) LOW-ENRICHED URANIUM.-The term 'low-enriched

uranium' means a uranium product in any form, including uranium

hexafluoride (UF6) and uranium oxide (U02), in which the uranium

contains less than 20 percent uranium-235, including natural uranium,

without regard to whether the uranium is incorporated into fuel rods or

complete fuel assemblies.

(6) RUSSIAN HEU AGREEMENT.-The term 'Russian HEU

Agreement' has the meaning given that term in section 3102(11).

(7) URANIUM-235.--The term 'uranium-235' means the isotope

235U.

(b) STATEMENT OF POLICY.-It is the policy of the United States

to support the continued downblending of highly enriched uranium of

weapons origin in the Russian Federation in order to protect the essential

security interests of the United States with respect to the nonproliferation

of nuclear weapons.

(c) PROMOTION OF DOWNBLENDING OF RUSSIAN HIGHLY

ENRICHED URANIUM.-

(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.-

Prior to the completion of the Russian HEU Agreement, the

importation into the United States of low-enriched uranium, including

low-enriched uranium obtained under contracts for separative work

units, that is produced in the Russian Federation and is not imported

pursuant to the Russian HEU Agreement, may not exceed the

following amounts:

215
(A) In the 4-year period beginning with calendar year 2008,

16,559 kilograms.

(B) In calendar year 2012, 24,839 kilograms.

(C) In calendar year 2013 and each calendar year thereafter

through the calendar year of the completion of the Russian HEU

Agreement, 41,398 kilograms.

(2) INCENTIVES TO CONTINUE DOWNBLENDING

RUSSIAN HIGHLY ENRICHED URANIUM AFTER THE

COMPLETION OF THE RUSSIAN HEU AGREEMENT.-

(A) IN GENERAL.-After the completion of the Russian

HEU Agreement, the importation into the United States of lowenriched uranium, including low-enriched uranium obtained under

contracts for separative work units, that is produced in the Russian

Federation, whether or not such low-enriched uranium is derived

from highly enriched uranium of weapons origin, may not

exceed-

(i) in calendar year 2014, 485,279 kilograms;

(ii) in calendar year 2015, 455,142 kilograms;

(iii) in calendar year 2016, 480,146 kilograms;

(iv) in calendar year 2017, 490,710 kilograms;

(v) in calendar year 2018, 492,731 kilograms;

(vi) in calendar year 2019, 509,058 kilograms; and

(vii) in calendar year 2020, 514,754 kilograms.

(B) ADDITIONAL IMPORTS IN EXCHANGE FOR A

COMMITMENT TO DOWNBLEND AN ADDITIONAL 300

METRIC TONS OF HIGHLY ENRICHED URANIUM.-

(i) IN GENERAL.-In addition to the amount authorized

to be imported under subparagraph (A) and except as provided

in clause (ii), if the Russian Federation enters into a bilateral

agreement with the United States under which the Russian

Federation agrees to downblend an additional 300 metric tons

of highly enriched uranium after the completion of the Russian

HEU Agreement, 4 kilograms of low-enriched uranium,

whether or not such low-enriched uranium is derived from

highly enriched uranium of weapons origin and including lowenriched uranium obtained under contracts for separative work

units, may be imported in a calendar year for every 1 kilogram

of Russian highly enriched uranium of weapons origin that

was downblended in the preceding calendar year, subject to the

verification of the Secretary of Energy under paragraph (10).

(ii) MAXIMUM ANNUAL IMPORTS.-Not more than

120,000 kilograms of low-enriched uranium may be imported

in a calendar year under clause (i).

(3) EXCEPTIONS.-The import limitations described in

paragraphs (1) and (2) shall not apply to low-enriched uranium

produced in the Russian Federation that is imported into the United

States-

(A) for use in the initial core of a new nuclear reactor;

(B) for processing and to be certified for reexportation and not

for consumption in the United States; or

(C) to be added to the inventory of the Department of Energy.

(4) LIMITED WAIVER AUTHORITY.-

Deadline. (A) IN GENERAL.-Notwithstanding paragraph (1)(C), if the

completion of the Russian HEU Agreement does not occur before

December 31, 2013, the import limitations under paragraph (1)(C)

shall be waived, and low-enriched uranium may be imported into

216
Notification.

Federal

Register,

publication.

Effective date.

Effective date.

Deadline.

Federal

Register,

publication.

the United States in the quantities specified in paragraph (2) in a

calendar year after 2013, if-

(i) the Secretary of Energy and the Secretary of State

jointly determine that-

(I) the failure of the completion of the Russian HEU

Agreement arises from causes beyond the control and

without the fault or negligence of the Government of the

Russian Federation; and

(II) the Government of the Russian Federation has made

reasonable efforts to avoid and mitigate the effects of the

failure of the completion of the Russian HEU Agreement;

and

(ii) the Secretary of Energy and the Secretary of State

jointly notify Congress of, and publish in the Federal Register,

the determination under clause (i) and the reasons for the

determination.

(B) NOTICE AND WAIT.-A waiver under subparagraph

(A) may not take effect until the date that is 180 days after the date

on which Secretary of Energy and the Secretary of State notify

Congress under subparagraph (A)(ii).

(C) TERMINATION.-A waiver under subparagraph (A)

shall terminate on December 31 of the calendar year with respect to

which the Secretary makes the determination under subparagraph

(A)(i).

(5) ADJUSTMENTS TO IMPORT LIMITATIONS.-

(A) IN GENERAL.-The import limitations described in

paragraph (2)(A) are based on the reference data in the 2005

Market Report on the Global Nuclear Fuel Market Supply and

Demand 2005-2030 of the World Nuclear Association. In each of

calendar years 2016 and 2019, the Secretary of Commerce shall

review the projected demand for uranium for nuclear reactors in the

United States and adjust the import limitations described in

paragraph (2)(A) to account for changes in such demand in years

after the year in which that report or a subsequent report is

published.

(B) INCENTIVE ADJUSTMENT.-Beginning in the second

calendar year after the calendar year of the completion of the

Russian HEU Agreement, the Secretary of Energy shall increase or

decrease the amount of low-enriched uranium that may be imported

in a calendar year under paragraph (2)(B) (including the amount of

low-enriched uranium that may be imported for each kilogram of

highly enriched uranium downblended under paragraph (2)(B)(i))

by a percentage equal to the percentage increase or decrease, as the

case may be, in the average amount of uranium loaded into nuclear

power reactors in the United States in the most recent 3-calendaryear period for which data are available, as reported by the Energy

Information Administration of the Department of Energy,

compared to the average amount of uranium loaded into such

reactors during the 3-calendar-year period beginning on January 1,

2011, as reported by the Energy Information Administration.

(C) PUBLICATION OF ADJUSTMENTS.-As soon as

practicable, but not later than July 31 of each calendar year, the

Secretary of Energy shall publish in the Federal Register the

amount of low-enriched uranium that may be imported in the

current calendar year after the adjustments under subparagraph (B).

(6) AUTHORITY FOR ADDITIONAL ADJUSTMENT.-In

addition to the adjustment under paragraph (5)(A), the Secretary of

217
Commerce may adjust the import limitations under paragraph (2)(A)

for a calendar year if the Secretary-

(A) in consultation with the Secretary of Energy, determines

that the available supply of low-enriched uranium and the available

stockpiles of uranium of the Department of Energy are insufficient

to meet demand in the United States in the following calendar year;

and

Notification. (B) notifies Congress of the adjustment not less than 45 days

before making the adjustment.

(7) EQUIVALENT QUANTITIES OF LOW-ENRICHED

URANIUM IMPORTS.-

(A) IN GENERAL.-The import limitations described in

paragraphs (1) and (2) are expressed in terms of uranium

containing 4.4 percent uranium-235 and a tails assay of 0.3 percent.

(B) ADJUSTMENT FOR OTHER URANIUM.-Imports of

low-enriched uranium under paragraphs (1) and (2), including lowenriched uranium obtained under contracts for separative work

units, shall count against the import limitations described in such

paragraphs in amounts calculated as the quantity of low-enriched

uranium containing 4.4 percent uranium-235 necessary to equal the

total amount of uranium-235 contained in such imports.

(8) DOWNBLENDING OF OTHER HIGHLY ENRICHED

URANIUM.-

(A) IN GENERAL.-The downblending of highly enriched

uranium not of weapons origin may be counted for purposes of

paragraph (2)(B), subject to verification under paragraph (10), if

the Secretary of Energy determines that the highly enriched

uranium to be downblended poses a risk to the national security of

the United States.

(B) EQUIVALENT QUANTITIES OF HIGHLY ENRICHED

URANIUM.- For purposes of determining the additional

lowenriched uranium imports allowed under paragraph (2)(B),

highly enriched uranium not of weapons origin downblended

pursuant to subparagraph (A) shall count as downblended highly

enriched uranium of weapons origin in amounts calculated as the

quantity of highly enriched uranium containing 90 percent

uranium-235 necessary to equal the total amount of uranium-235

contained in the highly enriched uranium not of weapons origin

downblended pursuant to subparagraph (A).

(9) TERMINATION OF IMPORT RESTRICTIONS.-The

provisions of this subsection shall terminate on December 31, 2020.

(10) TECHNICAL VERIFICATIONS BY SECRETARY OF

ENERGY.-

(A) IN GENERAL.-The Secretary of Energy shall verify the

origin, quantity, and uranium-235 content of the highly enriched

uranium downblended for purposes of paragraphs (2)(B) and (8).

(B) METHODS OF VERIFICATION.-In conducting the

verification required under subparagraph (A), the Secretary of

Energy shall employ the transparency measures and access

provisions agreed to under the Russian HEU Agreement for

monitoring the downblending of Russian highly enriched uranium

of weapons origin and such other methods as the Secretary

determines appropriate.

(11) ENFORCEMENT OF IMPORT LIMITATIONS.-The

Secretary of Commerce shall be responsible for enforcing the import

limitations imposed under this subsection and shall enforce such

218
42 USC 2297h-11.

import limitations in a manner that imposes a minimal burden on the

commercial nuclear industry.

(12) EFFECT ON OTHER AGREEMENTS.-

(A) RUSSIAN HEU AGREEMENT.-Nothing in this section

shall be construed to modify the terms of the Russian HEU

Agreement, including the provisions of the Agreement relating to

the amount of low-enriched uranium that may be imported into the

United States.

(B) OTHER AGREEMENTS.-If a provision of any

agreement between the United States and the Russian Federation,

other than the Russian HEU Agreement, relating to the importation

of low-enriched uranium, including lowenriched uranium obtained

under contracts for separative work units, into the United States

conflicts with a provision of this section, the provision of this

section shall supersede the provision of the agreement to the extent

of the conflict.4

Sec. 3113. Low-Level Waste.

(a) Responsibility of DOE.-

(1) The Secretary, at the request of the generator, shall accept for

disposal low-level radioactive waste, including depleted uranium if it

were ultimately determined to be low-level radioactive waste,

generated by-

(A) the Corporation as a result of the operations of the gaseous

diffusion plants or as a result of the treatment of such wastes at a

location other than the gaseous diffusion plants, or

(B) any person licensed by the Nuclear Regulatory

Commission to operate a uranium enrichment facility under section

53, 63, and 193 of the Atomic Energy Act of 1954 (42 USC 2073,

2093, and 2243).

(2) Except as provided in paragraph (3), the generator shall

reimburse the Secretary for the disposal of low-level radioactive waste

pursuant to paragraph (1) in an amount equal to the Secretary's costs,

including a pro rata share of any capital costs, but in no event more

than an amount equal to that which would be charged by commercial,

State, regional, or interstate compact entities for disposal of such

waste.

(3) In the event depleted uranium were ultimately determined to be

low-level radioactive waste, the generator shall reimburse the

Secretary for the disposal of depleted uranium pursuant to paragraph

(1) in an amount equal to the Secretary's costs, including a pro rata

share of any capital costs.

(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.

"' Public Law 110-329 (122 Stat. 3647), Section 8118 inserted Section 3112A.

219
42 USC 2297h-12.

President.

42 USC 2297h-13.

Contracts.

Sec. 3114. Avlis.

(a) Exclusive Right to Commercialize.-The Corporation shall have the

exclusive commercial right to deploy and use any AVLIS patents,

processes, and technical information owned or controlled by the

Government, upon completion of a royalty agreement with the Secretary.

(b) Transfer of Related Property to Corporation.-

(1) In general.-To the extent requested by the Corporation and

subject to the requirements of the Atomic Energy Act of 1954 (42

USC 2011, et seq.), the President shall transfer without charge to the

Corporation all of the right, title, or interest in and to property owned

by the United States under control or custody of the Secretary that is

directly related to and materially useful in the performance of the

Corporation's purposes regarding AVLIS and alternative technologies

for uranium enrichment, including-

(A) facilities, equipment, and materials for research,

development, and demonstration activities; and

(B) all other facilities, equipment, materials, processes, patents,

technical information of any kind, contracts, agreements, and

leases.

(2) Exception.-Facilities, real estate, improvements, and

equipment related to the gaseous diffusion, and gas centrifuge,

uranium enrichment programs of the Secretary shall not transfer under

paragraph (1)(B). (3) Expiration of transfer authority.-The President's authority to

transfer property under this subsection shall expire upon the

privatization date.

(c) Liability for Patent and Related Claims.-With respect to any right,

title, or interest provided to the Corporation under subsection (a) or (b),

the Corporation shall have sole liability for any payments made or awards

under section 157b.(3)of the Atomic Energy Act of 1954 (42 USC

2187(b)(3)), or any settlements or judgments involving claims for alleged

patent infringement. Any royalty agreement under subsection (a) of this

section shall provide for a reduction of royalty payments to the Secretary

to offset any payments, awards, settlements, or judgments under this

subsection.

Sec. 3115. Application Of Certain Laws.

(a) OSHA.-

(1) As of the privatization date, the private corporation shall be

subject to and comply with the Occupational Safety and Health Act of

1970 (29 USC 651 et seq.).

(2) The Nuclear Regulatory Commission and the Occupational

Safety and Health Administration shall, within 90 days after the date

of enactment of this Act, enter into a memorandum of agreement to

govern the exercise of their authority over occupational safety and

health hazards at the gaseous diffusion plants, including inspection,

investigation, enforcement, and rulemaking relating to such hazards.

(b) Antitrust Laws.-For purposes of the antitrust laws, the

performance by the private corporation of a "matched import" contract

under the Suspension Agreement shall be considered to have occurred

prior to the privatization date, if at the time of privatization, such contract

had been agreed to by the parties in all material terms and confirmed by

the Secretary of Commerce under the Suspension Agreement.

(c) Energy Reorganization Act Requirements.-

(1) The private corporation and its contractors and subcontractors

shall be subject to the provisions of section 211 of the Energy

220
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.

221



2. Energy Reorganization Act of 1974, as Amended

Contents

Sec. 1. Short T itle .......................................................................................... 225

Sec. 2. Declaration of Purpose ..................................................................... 225

Title I-Energy Research And Development Administration ............................ 226

Sec. 101. E stablishm ent ................................................................................. 226

Sec. 102. O ffi cers ........................................................................................... 226

Sec. 103. Responsibilities of the Administrator .......................................... 227

Sec. 104. Abolition and Transfers ................................................................ 228

Sec. 105. Administrative Provisions ............................................................ 229

Sec. 106. Personnel and Services ................................................................. 230

Sec. 107. P ow ers ............................................................................................ 23 1

Sec. 108. (R epealed) ...................................................................................... 233

Sec. 109. Future Reorganization .................................................................. 235

Sec. 110. Coordination with Environmental Efforts .................................. 235

Sec. 111. Provisions Applicable to Annual Authorization Acts ................ 235

Title II - Nuclear Regulatory Commission; Nuclear Whistleblower

P ro tection ........................................................................................................... 2 38

Sec. 201. Establishment and Transfers ....................................................... 238

Sec. 202. Licensing and Related Regulatory Functions Respecting

Selected Administration Facilities ............................................................ 240

Sec. 203. Office of Nuclear Reactor Regulation ......................................... 240

Sec. 204. Office of Nuclear Material Safety and Safeguards ..................... 241

Sec. 205. Office of Nuclear Regulatory Research ....................................... 242

Sec. 206. N oncom pliance .............................................................................. 242

Sec. 207. Nuclear Energy Center Site Survey ............................................. 243

Sec. 208. Abnormal Occurrence Reports .................................................... 244

Sec. 209. Other Officers ................................................................................ 244

Sec. 210. Unresolved Safety Issues Plan ...................................................... 245

Sec. 211. Employee Protection ..................................................................... 245

Sec. 212. Limitation on Legal Fee Reimbursement .................................... 248

Title III-Miscellaneous And Transitional Provisions ........................................ 248

Sec. 301. Transitional Provisions ................................................................. 248

Sec. 302. Transfer of Personnel and Other Matters .................................. 250

Sec. 303. Incidental Dispositions .................................................................. 250

Sec. 304. Definitions .............. ........... ... ... 251

Sec. 305. Authorizations of Appropriations ................................................ 251

Sec. 306. Comptroller General Audit .......................................................... 251

Sec. 307. R eports ........................................................................................... 25 1

Sec. 308. Information to Committees .......................................................... 252

Sec. 309. T ransfer of Funds .......................................................................... 252

Sec. 310. Conforming Amendments to Certain Other Laws ..................... 252

Sec. 311. Separability .................................................................................... 253

Sec. 312. Effective Date and Interim Appointments .................................. 253

Title IV - Sex D iscrim ination ............................................................................... 253

Sec. 401. Sex Discrimination Prohibited ..................................................... 253

223

A. ENERGY REORGANIZATION ACT OF 1974, AS

AMENDED

Public Law 93-438 88 STAT. 1233

Energy

Reorganization

Act

of 1974.

42 USC 5801

note.

42 USC 5801.

Energy

Research and

Development

Administration,

establishment.

Separation of

AEC licensing

and regulatory

functions.

Small business

participation.

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 ofAmerica in Congress assembled,

That the Energy Reorganization Act of 1974, as amended, is amended

to read as follows:

Sec. 1. Short Title

The Act may be cited as the "Energy Reorganization Act of 1974".

Sec. 2. Declaration of Purpose

(a) The Congress hereby declares that the general welfare and the

common defense and security require effective action to develop, and

increase the efficiency and reliability of use of, all energy sources to meet

the needs of present and future generations, to increase the productivity of

the national economy and strengthen its position in regard to international

trade, to make the Nation self-sufficient in energy, to advance the goals of

restoring, protecting, and enhancing environmental quality, and to assure

public health and safety.

(b) The Congress finds that, to best achieve these objectives, improve

Government operations, and assure the coordinated and effective

development of all energy sources, it is necessary to establish an Energy

Research and Development Administration to bring together and direct

Federal activities relating to research and development on the various

sources of energy, to increase the efficiency and reliability in the use of

energy, and to carry out the performance of other functions, including but

not limited to the Atomic Energy Commission's military and production

activities and its general basic research activities. In establishing an

Energy Research and Development Administration to achieve these

objectives, the Congress intends that all possible sources of energy be

developed consistent with warranted priorities.

(c) The Congress finds that it is in the public interest that the licensing

and related regulatory functions of the Atomic Energy Commission be

separated from the performance of the other functions of the Commission,

and that this separation be effected in an orderly manner, pursuant to this

Act, assuring adequacy of technical and other resources necessary for the

performance of each.

(d) The Congress declares that it is in the public interest and the policy

of Congress that small business concerns be given a reasonable

opportunity to participate, insofar as is possible, fairly and equitably in

grants, contracts, purchases, and other Federal activities relating to

research, development, and demonstration of sources of energy efficiency,

and utilization and conservation of energy. In carrying out this policy, to

the extent practicable, the Administrator shall consult with the

Administrator of the Small Business Administration.

225
Priorities.

42 USC 5811.

42 USC 5812.

Administrator.

Deputy

Administrator.

Assistant

Administrators.

General

Counsel.

Additional

officers.

Director of

Military

Application.

(e) Determination of priorities which are warranted should be based on

such considerations as power-related values of an energy source,

preservation of material resources, reduction of pollutants, export market

potential (including reduction of imports), among others. On such a basis,

energy sources warranting priority might include, but not be limited to,

the various methods of utilizing solar energy.

Title I-Energy Research And Development Administration

Sec. 101. Establishment

There is hereby established an independent executive agency to be

known as the Energy Research and Development Administration

(hereinafter in this Act referred to as the "Administration").'

Sec. 102. Officers

(a) There shall be at the head of the Administration an Administrator

of Energy Research and Development (hereinafter in this Act referred to

as the "Administrator"), who shall be appointed from civilian life by the

President by and with the advice and consent of the Senate. A person may

not be appointed as Administrator within two years after release from

active duty as a commissioned officer of a regular component of an

Armed Force. The Administration shall be administered under the

supervision and direction of the Administrator, who shall be responsible

for the efficient and coordinated management of the Administration.

(b) There shall be in the Administration a Deputy Administrator, who

shall be appointed by the President, by and with the advice and consent of

the Senate.

(c) The President shall appoint the Administrator and Deputy

Administrator from among individuals who, by reason of their general

background and experience are specially qualified to manage a full range

of energy research and development programs.

(d) There shall be in the Administration six Assistant Administrators,

one of whom shall be responsible for fossil energy, another for nuclear

energy, another for environment and safety, another for conservation,

another for solar, geothermal, and advanced energy systems, and another

for national security. The Assistant Administrators shall be appointed by

the President, by and with the advice and consent of the Senate. The

President shall appoint each Assistant Administrator from among

individuals who, by reason of general background and experience, are

specially qualified to manage the energy technology area assigned to such

Assistant Administrator.

(e) There shall be in the Administration a General Counsel who shall

be appointed by the Administrator and who shall serve at the please of and

be removable by the Administrator.

(f) There shall be in the Administration not more than eight additional

officers appointed by the Administrator. The positions of such officers

shall be considered career positions and be subject to subsection 161 d. of

the Atomic Energy Act.

(g) The Division of Military Application transferred to and established

in the Administration by section 104(d) of this Act shall be under the

direction of a Director of Military Application, who shall be appointed by

'This title established the Energy Research and Development Administration. The 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.

226
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 Armed Forces serving in general or flag officer rank or grade The

note. 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) 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 to-

(1) exercising central responsibility for policy planning, coordination,

support, and management of research and development programs

respecting all energy sources, including assessing the requirements for

research and development in regard to various energy sources in relation

to near-term and long-range needs, policy planning in regard to meeting

those requirements, undertaking programs for the optimal development of

the various forms of energy sources, managing such programs, and

disseminating information resulting therefrom;

(2) encouraging and conducting research and development, including

demonstration of commercial feasibility and practical applications of the

extraction, conversion , storage, transmission, and utilization phases

related to the development and use of energy from fossil, nuclear, solar,

geothermal, and other energy sources;

(3) engaging in and supporting environmental, biomedical, physical,

and safety research related to the development of energy sources and

utilization technologies;

(4) taking into account the existence, progress, and results of other

public and private research and development activities, including those

activities of the Federal Energy Administration relating to the

development of energy resources using currently available technology in

promoting increased utilization of energy resources, relevant to the

Administration's mission in formulating its own research and

development programs; • (5) participating in and supporting cooperative research and

development projects which may involve contributions by public or

private persons or agencies, of financial or other resources to the

performance of the work;

(6) developing, collecting, distributing, and making available for

distribution, scientific and technical information concerning the

manufacture or development of energy and its efficient extraction,

conversion, transmission, and utilization;

(7) establishing, in accordance with the National Energy Extension

Service Act, an Energy Extension Service to provide technical assistance,

227
instruction, and practical demonstration on energy conservation measures

and alternative energy systems to individuals, businesses, and State and

local government officials; 2

(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 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.

(e) There are hereby transferred to and vested in the Administrator

such functions of the Secretary of the Interior, the Department of the

Interior, and officers and components of such department42 USC 5814.

Atomic Energy

Commission.

Interior

Department

functions.

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).

228
Helium

applications study.

Report to

President and

Congress.

National

Science

Foundation

functions.

Environmental

Protection

Agency

functions.

Use of other

agencies'

capabilities.

42 USC 5815.

Regulations.

(1) as relate to or are utilized by the Office of Coal Research

established pursuant to the Act of July 1, 19603;

(2) as relate to or are utilized in connection with fossil fuel energy

research and development programs and related activities conducted

by the Bureau of Mines "energy centers" and synthane plant to provide

greater efficiency in the extraction, processing, and utilization of

energy resources for the purpose of conserving those resources,

developing alternative energy resources such as oil and gas secondary

and tertiary recovery, oil shale and synthetic fuels, improving methods

of managing energy-related wastes and pollutants, and providing

technical guidance needed to establish and administer national energy

policies; and

(3) as relate to or are utilized for underground electric power

transmission research.

The Administrator shall conduct a study of the potential energy

applications of helium and, within six months from the date of the

enactment of this Act, report to the President and Congress his

recommendations concerning the management of the Federal helium

programs, as they relate to energy.

(f) There are hereby transferred to and vested in the Administrator

such functions of the National Science Foundation as relate to or are

utilized in connection with-

(1) solar heating and cooling development; and

(2) geothermal power development.

(g) There are hereby transferred to and vested in the Administrator

such functions of the Environmental Protection Agency and the officers

and components thereof as relate to or are utilized in connection with

research, development, and demonstration, but not assessment or

monitoring for regulatory purposes, of alternative automotive power

systems.

(h) To the extent necessary or appropriate to perform functions and

carry out programs transferred by this Act, the Administrator and

Commissions may exercise, in relation to the functions so transferred, any

authority or part thereof available by law, including appropriation Acts, to

the official or agency from which such functions were transferred.

(i) In the exercise of his responsibilities under section 103, the

Administrator shall utilize, with their consent, to the fullest extent he

determines advisable the technical and management capabilities of other

executive agencies having facilities, personnel, or other resources which

can assist or advantageously be expanded to assist in carrying out such

responsibilities. The Administrator shall consult with the head of each

agency with respect to such facilities, personnel, or other resources, and

may assign, with their consent, specific programs or projects in energy

research and development as appropriate. In making such assignments

under this subsection, the head of each such agency shall insure that-

(1) such assignments shall be in addition to and not detract from

the basic mission responsibilities of the agency, and

(2) such assignments shall be carried out under such guidance as

the Administrator deems appropriate.

Sec. 105. Administrative Provisions

(a) The Administrator is authorized to prescribe such policies,

standards, criteria, procedures, rules, and regulations as he may deem to

374 Stat. 336; 30 USC 661-668.

229
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 such officers and employees of the

Administration as he may designate, and may authorize such successive

re-delegations of such functions as he may deem to be necessary or

appropriate.

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.

Seal. (f) The Administrator shall cause a seal of office to be made for the

Administration of such device as he shall approve, and judicial notice

shall be taken of such seal.

Working (g) The Administrator is authorized to establish a working capital

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 (h) Each department, agency, and instrumentality of the executive

from other branch of the Government is authorized to furnish to the Administrator,

agencies. 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 the compensation of such officers and employees, including attorneys,

and pay. pursuant to section 161 d. of the Atomic Energy Act of 1954, as amended

(42 USC 2201(d)) as are necessary to perform the functions now or

hereafter vested in him and to prescribe their functions.4

'Sec. 5816a. [Repealed]. This section (Act June 3, 1977, Public Law 95-39, title III, section 308, 91 Stat. 189;

October 19, 1980, Public Law 96-470, title 1I, section 203(d), 94 Stat. 2243) was repealed by Act February 10,

1996, Public Law 104-106, Div. D, title XLIII, Subtitle A, section 4304(b)(7), 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.

230
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 (c) The Administrator is authorized to provide for participation of

personnel. 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 (e) The Administrator is authorized to pay transportation expenses,

and per diem. and per diem in lieu of subsistence expenses, in accordance with chapter

57 of title 5 of the United States Code for travel between places of

recruitment and duty, and while at places of duty, of persons appointed for

emergency, temporary, or seasonal services in the field service of the

Administration.

Personnel of (f) The Administrator is authorized to utilize, on a reimbursable basis,

other agencies. the services of any personnel made available by any department, agency,

or instrumentality, including any independent agency of the Government.

5 USC App. I. (g) The Administrator is authorized to establish advisory boards, in

Advisory accordance with the provisions of the Federal Advisory Committee Act

boards. (Public Law 92-463), to advise with and make recommendations to the

Administrator on legislation, policies, administration, research, and other

matters.

Noncitizens. (h) The Administrator is authorized to employ persons who are not

citizens of the United States in expert, scientific, technical, or professional

capacities whenever he deems it in the public interest.

Sec. 107. Powers

42 USC 5817. (a) The Administrator is authorized to exercise his powers in such

Research and manner as to insure the continued conduct of research 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, including participation 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

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

42 USC 2011 vested in him Such functions of the Administrator under this Act as are

note. 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 nonnuclear 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

231
5 USC App. 1I.

40 USC 601

note.

Facilities and

real property.

Services for

employees at

remote

locations.

Acquisition of

copyrights,

patents, etc.

Dissemination

of information.

the effective date of this Act, or in accordance with the provisions of

chapter 4 of the Atomic Energy Act of 1954, as amended (42 USC 205 1-

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.

(d) The Administrator is authorized to acquire any of the following

described rights if the property acquired thereby is for use in, or is useful

to, the performance of functions vested in him;

(1) Copyrights, patents, and applications for patents, designs,

processes, specifications, and data.

(2) Licenses under copyrights, patents, and applicants for patents.

(3) Releases, before suit is brought, for past infringement of

patents or copyrights.

(e) Subject to the provisions of chapter 12 of the Atomic Energy Act

of 1954, as amended (42 USC 2161-2166), and other applicable law, the

Administrator shall disseminate scientific, technical, and practical

information acquired pursuant to this title through information programs

and other appropriate means, and shall encourage the dissemination of

232
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 (f) The Administrator is authorized to accept, hold, administer, and

bequests. 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.

Sec. 108. (Repealed)

(Repealed )

5

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--

(1) insure communication and coordination among the agencies of the Federal

Government which have responsibilities for the development and implementation of energy

policy or for the management of energy resources:

(2) make recommendations to the President and to the Congress for measures to improve

the implementation of Federal energy policies or the management of energy resources with

particular emphasis upon policies and activities involving two or more Departments or

independent agencies; (See 1)

(3) advise the President in the preparation of the reorganization recommendations

required by section 110 of this Act; and (See II)

(4) insure that Federal agencies fully discharge their responsibilities under section 507

and 508 of the National Energy Extension Service Act for coordinating and planning of their

related activities under such Act and any other law, including but not limited to the Energy

Policy and Conservation Act. (See lll)

(5) prepare a report on national energy conservation activities which shall be submitted to

the President and the Congress annually, beginning on July 1, 1977, and which shall include-

(A) a review of all Federal energy conservation expenditures and activities, the purpose

of each such activity, the relation of the activity to national conservation targets and plans,

and the success of the activity and the plans for the activity in future years;

(B) an analysis of all conservation targets established for industry, residential,

transportation, and public sectors of the economy, whether the targets can be achieved or

whether they can be further improved, and the progress toward their achievement in the past

year;

(C) a review of the progress made pursuant to the State energy conservation plans under

section 361 through 366 of the Energy Policy and Conservation Act and other similar efforts

at the State and local level, and whether further conservation can be carried on by the States

or by local governments, and whether further Federal assistance is required;

(D) a review of the principal conservation efforts in the private sector, the potential for

more widespread implementation of such efforts and the Federal Government's efforts to

promote more widespread use of private energy conservation initiatives; and

(E) an assessment of whether existing conservation targets and goals are sufficient to

bridge the gap between domestic energy production capacity and domestic energy needs,

whether additional incentives or programs are necessary or useful to close that gap further,

and a discussion of what mandatory measures might be useful to further bring domestic

demand into harmony with domestic supply.

The Chairman of the Energy Resources Council shall coordinate the preparation of the

report required under paragraph (5). (See IV)

(c) The President through the Energy Resources Council shall--

233
(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 (c)(1) and

a report containing his recommendations for the reorganization of the Federal Government's

responsibility for energy and natural resource matters together with such proposed

legislation as he deems necessary or appropriate for the implementation of such plans or

recommendations; and

(B) not later than April 15, 1977, such revisions to the plan and report described in

subparagraph (A) of this paragraph as he may consider appropriate; and

(3) provide interim and transitional policy planning for energy and natural resource

matters in the Federal Government. (See V)

(d) The Chairman of the Council may not refuse to testify before the Congress or any

duly authorized committee thereof regarding the duties of the Council or other matters

concerning interagency coordination of energy policy and activities.

(e) There is hereby established an Energy Conservation Subcommittee within the

Council which shall be chaired by the Administrator of the Energy Research and

Development Administration to discharge the responsibilities specified in subsection (b)(4)

of this section and other related functions associated with the coordination and management

of Federal efforts in the areas of energy conservation and energy conservation research,

development and demonstration.(See VI)

(f) This section shall be effective no later than sixty days after the enactment of this Act

or such earlier date as the President shall prescribe and publish in the Federal Register, and

shall terminate upon enactment of a permanent department responsible for energy and

natural resources or not later than September 30, 1977, whichever shall occur first. (See

VII)

(I) P.L. 94-385 (90 Stat. 1140) (1976) section 162(a)(1) amended section 108(b)(2)

by striking out "and" at the end of the paragraph.

(II) Public Law 94-385 (90 Stat. 1140) (1976) section 162 (a)(2) amended section

108(b)(3) by striking out the period at the end of paragraph and inserting "; and".

(111) Public Law 95-39 (91 Stat. 200) (1977) section 5 10(b) inadvertently duplicated

the paragraph number (4). (See IV) [This section also duplicated instructions in I and 11].

(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. 1142)(1976) section 163 amended section 108(e)

by striking out "two years after such effective date," and inserting "not later than September

30, 1977".

234
Sec. 109. Future Reorganization

42 USC 5819. (a) The President shall transmit to the Congress as promptly as

Report to possible, but not later than June 30, 1975, such additional

Congress. recommendations as he deems advisable for organization of energy and

related functions in the Federal Government, including, but not limited to,

whether or not there shall be established (1) a Department of Energy and

Natural Resources, (2) an Energy Policy Council, and (3) a consolidation

in whole or in part of regulatory functions concerning energy.

(b) This report shall replace and serve the purposes of the report

required by section 15(a)(4) of the Federal Energy Administration Act.

Sec. 110. Coordination with Environmental Efforts

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 5821. (a) All appropriations made to the Energy research and Development

Administration or the Administrator shall, except as otherwise provided

42 USC 2017. by law, be subject to annual authorization in accordance with section 261

of the Atomic Energy Act of 1954, section 16 of the Federal Nonnuclear

Energy Research and Development Act of 1974, and section 305 of this

Act. The provisions of this section shall apply with respect to

appropriations made pursuant to the Act providing such authorization

(hereinafter in this section referred to as "annual authorization Acts").

(b)(1) Funds appropriated pursuant to an annual authorization Act for Operating "Operating expenses" may be used forexpenses, (A) the construction or acquisition of any facilities, or major

appropriations, 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

congressional of land. Fee title to all such facilities and items of equipment shall be

committees. vested in the United States, unless the Administrator or his designee

determines in writing that the research, development, and demonstration

authorized by such Act would best be implemented by permitting fee title

or any other property interest to be vested in an entity other than the

United States; but before approving the vesting of such title or interest in

such entity, the Administrator shall (i) transmit such determination,

together with all pertinent data, to the Committee on Science and

Technology of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate and (ii) wait a period of

thirty calendar days (not including any day in which either House of

Congress is not in session because of adjournment of more than three

calendar days to a day certain), unless prior to the expiration of such

period each such committee has transmitted to the Administrator written

notice to the effect that such committee has no objection to the proposed

action.

235
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, unless such facility or item has been previously authorized

by the appropriate committees of the House of representatives and the

Senate, or the Administrator-

(A) transmit to the appropriate committees of the House of

Representatives and the Senate a report on such facility or item

showing its nature, purpose, and estimated cost, and

(B) waits a period of thirty calendar days (not including any

day in which either House of Congress is not in session because of

adjournment of more than three calendar days to a day certain),

unless prior to the expiration of such period each such committee

has transmitted to the Administrator written notice to the effect that

such committee has no objection to the proposed action.

(c)(1) Not to exceed 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

(B) each such committee before the expiration of such period

has transmitted to the Administrator a written notice to the effect

that such committee has no objection to the proposed action;

except that this paragraph shall not apply to any project the estimated

total cost of which does not exceed $50,000.

(d)(1) Except as otherwise provided in the authorization Act involved-

(A) no amount appropriated pursuant to any annual

authorization Act may be used for any program in excess of the

amount actually authorized for that particular program by such

Act, and

(B) no amount appropriated pursuant to any annual

authorization Act may be used for any program which has not been

presented to, or requested of the Congress, unless (i) a period of

thirty calendar days (not including any day in which either House

of Congress is not in session because of adjournment of more than

three calendar days to a day certain) has passed after the receipt by

the appropriate committees of the House of Representatives and

the Senate of notice given by the Administrator containing a full

236
Funds merger,

limitations.

Construction

design services.

Funds transfer.

and complete statement of the action proposed to be taken and the

facts and circumstances relied upon in support of such proposed

action, or (ii) each such committee before the expiration of such

period has transmitted to the Administrator written notice to the

effect that such committee has no objection to the proposed action.

(2) Notwithstanding any other provision of this section or the

authorization Act involved, the aggregate amount available for use

within the categories of coal, petroleum and natural gas, oil shale,

solar, geothermal nuclear energy (non-weapons), environment and

safety, and conservation from sums appropriated pursuant to an annual

authorization Act may not, as a result of reprogramming, be decreased

by more than 10 per centum of the total of the sums appropriated

pursuant to such Act for those categories.

(e) Subject to the applicable requirements and limitations of this

section and the authorization Act involved, when so specified in an

appropriation Act, amounts appropriated pursuant to any annual

authorization Act for "Operating expenses" or for "Plant and capital

equipment" may be merged with any other amounts appropriated for like

purposes pursuant to any other Act authorizing appropriations for the

Administration: Provided, That no such amounts appropriated for "Plant

and capital equipment" may be merged with amounts appropriated for

"Operating expenses."

(f) When so specified in an appropriation Act, amounts appropriated

pursuant to any annual authorization Act for "Operating expenses" or for

"Plant and capital equipment" may remain available until expended.

(g) The Administrator is authorized to perform construction design

services for any administration construction project whenever (1) such

construction project has been included in a proposed authorization bill

transmitted to the Congress by the Administration, and (2) the

Administration determines that the project is of such urgency in order to

meet the needs of national defense or protection of life and property or

health and safety that construction of the project should be initiated

promptly upon enactment of legislation appropriating funds for its

construction.

(h) When so specified in appropriation Acts, any moneys received by

the Administration may be retained and used for operating expenses, and

may remain available until expended, notwithstanding the provisions of

section 3617 of the Revised Statutes (31 USC 484); except that-

(1) this subsection shall not apply with respect to sums received

from disposal of property under the Atomic Energy Community Act of

1955 or the Strategic and Critical Materials Stockpiling Act, as

amended, or with respect to fees received for tests or investigations

under the Act of May 16, 1910, as amended (42 USC 2301; 50 USC

98h; 30 USC 7); and

(2) revenues received by the Administration from the enrichment

of uranium shall (when so specified) be retained and used for the

specific purpose of offsetting costs incurred by the Administration in

providing uranium enrichment service activities.

(i) When so specified in an appropriation Act, transfers of sums from

the "Operating expenses" appropriation made pursuant to an annual

authorization Act may be made to other agencies of the Government for

the performance of the work for which the appropriation is made, and in

237
such cases the sums so transferred may be merged with the appropriations

to which they are transferred.6

Title II - Nuclear Regulatory Commission; Nuclear

Whistleblower Protection

Sec. 201. Establishment and Transfers

42 USC 5841. (a)(1) 7 8 There is established an independent regulatory commission to

Members and be known as the Nuclear Regulatory Commission which shall be

Chairman. composed of five members, each of whom shall be a citizen of the United

States.

The President shall designate one member of the Commission as

Chairman thereof to serve as such during the pleasure of the President.

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

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

Chairman during his absence. The Chairman (or the Acting Chairman in

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

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

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

including the Chairman, shall have equal responsibility and authority in

all decisions and actions of the Commission, shall have full access to all

information relating to the performance of his duties or responsibilities,.

and shall have one vote. Action of the Commission shall be determined

by a majority vote of the members present. The Chairman (or Acting

Chairman in the absence of the Chairman) shall be the official spokesman

of the Commission in its relations with the Congress, Government

agencies, persons, or the public, and on behalf of the Commission, shall

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

Commission, and shall report thereon to the Commission from time to

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

Seal. official seal which shall be judicially noticed.

Commission (2) The Chairman of the Commission shall be the principal

Chairman. executive officer of the Commission, and he shall exercise all of the

Functions. 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

42 USC 5801 provided in the Energy Reorganization Act of 1974), (b) the distribution

note. of business among such personnel and among administrative units of the

Commission, and (c) the use and expenditure of funds.

(3) In carrying out any of his functions under the provisions of this

section the Chairman shall be governed by general policies of the

Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(4) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(5) There are hereby reserved to the Commission its functions with

respect to revising budget estimates and with respect to determining

6

Public Law 95-238 (92 Stat. 56)(1978), section 201 added section 111; as amended, Public Law 103-437,

section 15(c)(7), (108 Stat. 4592), November 2, 1994.

New title 1I; P.L. 102-486 (106 Stat. 3124); October 24, 1992.

'Public Law 94-79 (89 Stat. 413)(1975), section 201 added "(1)" immediately after section 201.(a).

238
42 USC 5841.

Term of Office.

Submission of

appointments

to Senate.

Transfer of

AEC functions

and personnel

Additional

transfers.

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, 1975.10

(d) Such initial appointments shall be submitted to the Senate within

sixty days of the signing of this Act. Any individual who is serving as a

member of the Atomic Energy commission at the time of the enactment of

this Act, and who may be appointed by the President to the Commission,

shall be appointed for a term designated by the President, but which term

shall terminate not later than the end of his present term as a member of

the Atomic Energy Commission, without regard to the requirements of

subsection (b)(2) of this section. Any subsequent appointment of such

individuals shall be subject to the provisions of this section.

(e) Any member of the Commission may be removed by the President

for inefficiency, neglect of duty, or malfeasance in office. No member of

the Commission shall engage in any business, vocation, or employment

other than that of serving as member of the Commission.

(f) There are hereby transferred to the Commission all the licensing

and related regulatory functions of the Atomic Energy Commission, the

Chairman and member of the Commission, the General Counsel, and

other officers and components of the Commission-which functions,

officers, components, and personnel are excepted from the transfer to the

Administrator by section 104(c) of this Act.

(g) In addition to other functions and personnel transferred to the

Commission, there are also transferred to the Commission-

(1) the functions of the Atomic Safety and Licensing Board Panel

and the Atomic Safety and Licensing Appeal Board;

(2) such personnel as the Director of the Office of Management

and Budget determines are necessary for exercising responsibilities

under section 205, relating to, research, for the purpose of

confirmatory assessment relating to licensing and other regulation

9

Public Law 94-79 (89 Stat. 413)(1975). Section 201 amended subsection 201(a) by adding new subparagraphs

Q) through (5).

'Public 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.

239
42 USC 5842.

42 USC 2071-

2112.

42 USC 2131-

42 USC 5843.

Director.

Establishment.

Functions.

42 USC 2011

note.

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

Notwithstanding the exclusions provided for in section 110 a. or any

other provisions of the Atomic Energy Act of 1954, as amended (42 USC

2140(a)), the Nuclear Regulatory Commission shall, except as otherwise

specifically provided by section 110 b. of the Atomic Energy Act of 1954,

as amended (42 USC 2140(b)), or other law, have licensing and related

regulatory authority pursuant to chapters 6, 7, 8, and 10 of the Atomic

Energy Act of 1954, as amended, as to the following facilities of the

Administration:

(1) Demonstration Liquid Metal Fast Breeder reactors when

operated as part of the power generation facilities of an electric utility

system, or when operated in any other manner for the purpose of

demonstrating the suitability for commercial application of such a

reactor.

(2) Other demonstration nuclear reactors-except those in existence

on the effective date of this Act-when operated as part of the power

generation facilities of an electric utility system, or when operated in

any other manner for the purpose of demonstrating the suitability for

commercial application of such a reactor.

(3) Facilities used primarily for the receipt and storage of highlevel radioactive wastes resulting from activities licensed under such

Act.

(4) Retrievable Surface Storage Facilities and other facilities

authorized for the express purpose of subsequent long-term storage of

high-level radioactive waste generated by the Administration, which

are not used for, or are part of, research and development activities.

(5) Any facility under a contract with and for the account of the

Department of Energy that is utilized for the express purpose of

fabricating mixed plutonium-uranium oxide nuclear reactor fuel for

use in a commercial nuclear reactor licensed under such Act other than

any such facility that is utilized for research, development,

demonstration, testing, or analysis purposes.'1

Sec. 203. Office of Nuclear Reactor Regulation

(a) There is hereby established in the Commission an Office of

Nuclear Reactor Regulation under the direction of a Director of Nuclear

Reactor Regulation, who shall be appointed by the Commission, who may

report directly to the Commission, as provided in section 209, and who

shall serve at the pleasure of and be removable by the Commission.

(b) Subject to the provisions of this Act, the Director of Nuclear

Reactor Regulation shall perform such functions as the Commission shall

delegate including:

(1) Principal licensing and regulation involving all facilities, and

materials licensed under the Atomic Energy Act of 1954, as amended,

associated with the construction and operation of nuclear reactors

licensed under the Atomic Energy Act of 1954, as amended;

"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. 822)(1986).

1

2

As amended Public Law 105-261, Div. C, title XXXI, Subtitle C, section 3134(a), Oct. 17, 1998, 112 Stat.

2247.)

240
42 USC 5844.

Director.

Establishment.

Functions.

42 USC 2011

note.

Report to

Congress.

(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 for dealing with threats, thefts,

and sabotage relating to special nuclear materials, high-level

radioactive wastes and nuclear facilities resulting from all activities

licensed under the Atomic Energy Act of 1954, as amended;

(C) assessing the need for, and the feasibility of, establishing a

security agency within the office for the performance of the

safeguards functions, and a report with recommendations on this

matter shall be prepared within one year of the effective date of

this Act and promptly transmitted to the Congress by the

Commission.

(3) Recommending research to enable the Commission to more

effectively perform its functions.

(c) Nothing in this section shall be construed to limit in any way the

functions of the Administration relating to the safeguarding of special

nuclear materials, high-level radioactive wastes and nuclear facilities

resulting from all activities within the jurisdiction of the Administration

pursuant to this Act.

241
42 Usc 5845.

Director.

Establishment.

Functions.

Cooperation of

Federal

Agencies.

Information

and research

services.

42 USC 5845.

Improved safety

systems research.

Long-term plan

development.

42 USC 5846.

42 USC 2011

note.

Sec. 205. Office of Nuclear Regulatory Research

(a) There is hereby established in the Commission an Office of

Nuclear Regulatory Research under the direction of a Director of Nuclear

Regulatory research, who shall be appointed by the Commission, who

may report directly to the Commission as provided in section 209, and

who shall serve at the pleasure of and be removable by the Commission.

(b) Subject to the provisions of this Act, the Director of Nuclear

Regulatory Research shall perform such functions as the Commission

shall delegate including:

(1) Developing recommendations for research deemed necessary

for performance by the Commission of its licensing and related

regulatory functions.

(2) Engaging in or contracting for research which the Commission

deems necessary for the performance of its licensing and related

regulatory functions.

(c) The Administrator of the Administration and the head of every

other Federal agency shall-

(1) cooperate with respect to the establishment of priorities for the

furnishing of such research services as requested by the Commission

for the conduct of its functions;

(2) furnish to the Commission, on a reimbursable basis, through

their own facilities or by contract or other arrangement, such research

services as the Commission deems necessary and requests for the

performance of its functions; and

(3) consult and cooperate with the Commission on research and

development matters of mutual interest and provide such information

and physical access to its facilities as will assist the Commission in

acquiring the expertise necessary to perform its licensing and related

regulatory functions.

(d) Nothing in subsections (a) and (b) of this section or section 201 of

this Act shall be construed to limit in any way the functions of the

Administration relating to the safety of activities within the jurisdiction of

the Administration.

(e) Each Federal agency, subject to the provisions of existing law,

shall cooperate with the Commission and provide such information and

research services, on a reimbursable basis, as it may have or be reasonably

able to acquire.

(f) The Commission shall develop a long-term plan for projects for

the development of new or improved safety systems for nuclear power

plants. 13

Sec. 206. Noncompliance

(a) Any individual director, or responsible officer of a fu-m

constructing, owning, operation, or supplying the components of any

facility or activity which is licensed or other wise regulated pursuant to

the Atomic Energy Act of 1954 as amended, or pursuant to this Act, who

obtains information reasonably indicating that such facility or activity or

basic components supplied to such facility or activity-

(1) fails to comply with the Atomic Energy Act of 1954, as

amended, or any applicable rule, regulation, order, or license of the

Commission relating to substantial safety hazards, or

(2) contains a defect which could create a substantial safety

hazard, as defined by regulations which the Commission shall

"Public Law 95-209 (91 Stat. 1482)(1977), section 4, added a new subsection f.

242
42 USC 2282.

Penalty.

42 USC 2011 note.

Posting of

requirements.

Enforcement.

42 USC 5847.

Federal-Statelocal

Cooperation.

Solicitation of

views.

Definition.

Report to

Congress and

Council on

Environmental

Quality; public

availability.

promulgate, shall immediately notify the Commission of such failure

to comply, or of such defect, unless such person has actual knowledge

that the Commission has been adequately informed of such defect or

failure to comply.

(b) Any person who knowingly and consciously fails to provide the

notice required by subsection (a) of this section shall be subject to a civil

penalty in an amount equal to the amount provided by section 234 of the

Atomic energy Act of 1954, as amended.

(c) The requirements of this section shall be prominently posted on

the premises of any facility licensed or otherwise regulated pursuant to the

Atomic Energy Act of 1954, as amended.

(d) The Commission is authorized to conduct such reasonable

inspections and other enforcement activities as needed to insure

compliance with the provisions of this section.

Sec. 207. Nuclear Energy Center Site Survey

(a)(1) The Commission is authorized and directed to make or cause to

be made under its direction, a national survey, which shall include

consideration of each of the existing or future electric reliability regions,

or other appropriate regional areas, to locate and identify possible nuclear

energy center sites. This survey shall be conducted in cooperation with

other interested Federal, State, and local agencies, and the views of

interested persons, including electric utilities, citizens' groups, and others,

shall be solicited and considered.

(2) For purposes of this section, the term "nuclear energy center

site" means any site, including a site not restricted to land, large

enough to support utility operations or other elements of the total

nuclear fuel cycle, or both including, if appropriate, nuclear fuel

reprocessing facilities, nuclear fuel fabrication plants, retrievable

nuclear waste storage facilities, and uranium enrichment facilities.

(3) The survey shall include-

(a) a regional evaluation of natural resources, including land, air, and

water resources, available for use in connection with nuclear energy

center sites; estimates of future electric power requirements that can be

served by each nuclear energy center site; an assessment of the economic

impact of each nuclear energy site; and consideration of any other relevant

factors, including but not limited to population distribution, proximity to

electric load centers and to other elements of the fuel cycle, transmission

line rights-of-way, and the availability of other fuel resources;

(b) an evaluation of the environmental impact likely to result from

construction and operation of such nuclear energy centers, including an

evaluation whether such nuclear energy centers will result in greater or

lesser environmental impact than separate siting of the reactors and/or fuel

cycle facilities; and

(c) consideration of the use of federally owned property and other

property designated for public use, but excluding national parks, national

forests, national wilderness areas, and national historic monuments.

(4) A report of the results of the survey shall be published and

transmitted to the Congress and the Council on Environmental Quality

not later than one year from the date of the enactment of this Act and

shall be made available to the public, and shall be updated from time

to time thereafter as the Commission, in its discretion, deems

advisable. The report shall include the Commission's evaluation of the

results of the survey and any conclusions and recommendations,

including recommendations for legislation, which the Commission

may have concerning the feasibility and practicality of locating nuclear

power reactors and/or other elements of the nuclear fuel cycle or

nuclear energy center sites. The Commission is authorized to adopt

243
42 USC 5848.

Reports to

Congress.

42 USC 2011

note.

Public

dissemination

of information.

42 USC 5849.

Executive

Director.

Functions.

Equal

employment

opportunity,

Annual status

report.

Report to

Congress.

policies which will encourage the location of nuclear power reactors

and related fuel cycle facilities on nuclear energy center sites insofar as

practicable.

Sec. 208. Abnormal Occurrence Reports

The Commission shall submit to the Congress an annual report listing

for the previous fiscal year any abnormal occurrences at or associated

with any facility which is licensed or otherwise regulated pursuant to the

Atomic Energy Act of 1954 as amended, or pursuant to this Act. For the

purposes of this section an abnormal occurrence is an unscheduled

incident or event which the Commission determines is significant from

the standpoint of public health or safety. Nothing in the preceding

sentence shall limit the authority of a court to review the determination of

the Commission. Each such report shall contain-

(1) the date and place of each occurrence;

(2) the nature and probable consequence of each occurrence;

(3) the cause or causes of each; and

(4) any action taken to prevent reoccurrence;

the Commission shall also provide as wide dissemination to the public of

the information specified in clauses (1) and (2) of this section as

reasonably possible within fifteen days of its receiving information of

each abnormal occurrence and shall provide as wide dissemination to the

public as reasonably possible of the information specified in clauses (3)

and (4) as soon as such information becomes available to it. 14

Sec. 209. Other Officers

(a). The Commission shall appoint an Executive Director for

Operations, who shall serve at the pleasure of and be removable by the

Commission.

(b) The Executive Director shall perform such functions as the

Commission may direct, except that the Executive Director shall not limit

the authority of the director of any component organization provided in

this Act to communicate with or report directly to the Commission when

such director of a component organization deems it necessary to carry out

his responsibilities. 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. 15

(c) The Executive Director shall report to the Commission at

semiannual public meetings on the problems, progress, and status of the

Commission's equal employment opportunity efforts.16

(d) The Executive Director shall prepare and forward to the

Commission an annual report (for the fiscal year 1978 and each

succeeding fiscal year) on the status of the Commission's programs

concerning domestic safeguards matters including an assessment of the

effectiveness and adequacy of safeguards at facilities and activities

licensed by the Commission The Commission shall forward to the

Congress a report under this section prior to February 1, 1979, as a

separate document, and prior to February 1 of each succeeding year as a

separate chapter of the Commission's annual report (required under

"

4

Public Law 104-66, title II, Subtitle Q, section 2171, (109 Stat. 731); December 21, 1995.

1

5

Public Law 95-601 (92 Stat. 2949) (1978), section 4(a) amended subsection 209(b) by adding the last

sentence.

16Public Law 95-601 (92 Stat. 2949)(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).

244
42 USC 5877.

Other officers.

42 USC 5850.

Progress

reports.

Submittal to

Congress.

42 USC 5851.

42 USC 2011

note.

section 307(c) of the Energy Reorganization Act of 1974) following the

fiscal year to which such report applies.17

(e)a8 There shall be in the Commission not more than five additional

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.

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. Such plans shall be submitted to the

Congress on or before January 1, 1978, and progress reports shall be

included in the annual report of the Commission thereafter.19

Sec. 211. Employee Protection

(a)(1) 20 No employer may discharge any employee or otherwise

discriminate against any employee with respect to his compensation,

terms, conditions, or privileges of employment because the employee (or

any person acting pursuant to a request of the employee)-

(A) notified his employer of an alleged violation of this Act or

the Atomic Energy Act of 1954 (42 USC 2011 et seq.);

(B) refused to engage in any practice made unlawful by this act

or the Atomic Energy Act of 1954, if the employee has identified

the alleged illegality to the employer;

(C) testified before Congress or at any Federal or State

proceeding regarding any provision (or proposed provision) of this

Act or the Atomic Energy Act of 1954;

(D) commenced, caused to be commenced, or is about to

commence or cause to be commenced a proceeding under this Act

or the Atomic Energy Act of 1954, as amended, or a proceeding

for the administration or enforcement of any requirement imposed

under this Act or the Atomic Energy Act of 1954, as amended;

(E) testified or is about to testify in any such proceeding or;

(F) assisted or participated or is about to assist or participate in

any manner in such a proceeding or in any other manner in such a

proceeding or in any other action to carry out the purposes of this

Act or the Atomic Energy Act of 1954, as amended.

(2) For purposes of this section, the term "employer" includes-

(A) a licensee of the Commission or of an Agreement State

under section 274 of the Atomic Energy Act of 1954 (42 USC

2021);

(B) an applicant for a license from the Commission or such an

Agreement State;

(C) a contractor or subcontractor of such a licensee or

applicant;

(D) a contractor or subcontractor of the Department of Energy

that is indemnified by the Department under section 170d. of the

Atomic Energy Act of 1954 (42 USC 22 10(d)), but such term shall

17Public Law 95-601 (92 Stat. 2949)(1978), section 6 added subsection 209(d). Note: As a result of Public Law

104-66, section 3003, (109 Stat. 734), December 21, 1995, "ceased to be effective" on December 21, 1999.

"

8

Public Law 95-601 (92 Stat. 2949)(1978), 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 subsection

¶e) because this law also added a new subsection (d). 9

Public Law 95-209 (91 Stat. 1482)(1977), section 3, added section 210. 2 0

New section 211 added by P.L. 102-486 (106 Stat 3123); October 24, 1992.

245
Complaint,

filing and

notification.

Investigation

and notification.

Order.

Notice and

hearing.

Settlement.

Relief.

not include any contractor or subcontractor covered by Executive

Order No. 12344;

(E) a contractor or subcontractor of the Commission;

(F) the Commission; and 21

(G) the Department of Energy.

(b)(l) 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 notice and opportunity for public hearing. Upon the

conclusion of such hearing and the issuance of a recommended

decision that the complaint has merit, the Secretary shall issue a

preliminary order providing the relief prescribed in subparagraph (B),

but may not order compensatory damages pending a final order. The

Secretary may not enter into a settlement terminating a proceeding on

a complaint without the participation and consent of the complainant.

(B) If, in response to a complaint filed under paragraph (1), the

Secretary determines that a violation of subsection (a) has

occurred, the Secretary shall order the person who committed such

violation to (i).take affirmative action to abate the violation, and

(ii) reinstate the complainant to his former position together with

the compensation (including back pay), terms, conditions, and

privileges of his employment, and the Secretary may order such

person to provide compensatory damages to the complainant. If an

order is issued under this paragraph, the Secretary, at the request of

the complainant shall assess against the person against whom the

order is issued a sum equal to the aggregate amount of all costs and

expenses (including attorneys' and expert witness fees) reasonably

incurred, as determined by the Secretary, by the complainant for,

or in connection with, the bringing of the complaint upon which

the order was issued.

(3)(A) The Secretary shall dismiss a complaint filed under

paragraph (1), and shall not conduct the investigation required under

paragraph (2), unless the complainant has made a prima facie showing

that any behavior described in subparagraphs (A) through (F) of

2t

Public Law 109-58 (119 Stat. 785), August 8, 2005; section 629 added new sections (E), (F) and (G).

246
Review.

5 USC 701 et

seq.

Jurisdiction.

Litigative costs.

42 USC 2011.

subsection (a)(1) was a contributing factor in the unfavorable

personnel action alleged in the complaint.

(B) Notwithstanding a finding by the Secretary that the

complainant has made the showing required by subparagraph (A),

no investigation required under paragraph (2) shall be conducted if

the employer demonstrates, by clear and convincing evidence, that

it would have taken the same unfavorable personnel action in the

absence of such behavior.

(C) The Secretary may determine that a violation of subsection

(a) has occurred only if the complainant has demonstrated that any

behavior described in subparagraphs (A) through (F) of subsection

(a)(1) was a contributing factor in the unfavorable personnel action

alleged in the complaint.

(D) Relief may not be ordered under paragraph (2) if the

employer demonstrates by clear and convincing evidence that it

would have taken the same unfavorable personnel action in the

absence of such behavior.

(c)(1) Any person adversely affected or aggrieved by an order issued

under subsection (b) may obtain review of the order in the United States

court of appeals for the circuit in which the violation, with respect to

which the order was issued, allegedly occurred. The petition for review

must be filed within sixty days from the issuance of the Secretary's order.

Review shall conform to chapter 7 of title 5 of the United States Code.

The commencement of proceedings under this subparagraph shall not,

unless order by the court, operate as a stay of the Secretary's order.

(2) An order of the Secretary with respect to which review could

have been obtained under paragraph (1) shall not be subject to judicial

review in any criminal or other civil proceeding.

(d) Whenever a person has failed to comply with an order issued

under subsection (b) (2), the Secretary may file a civil action in the United

States district court for the district in which the violation was found to

occur to enforce such order. In actions brought under this subsection, the

district courts shall have jurisdiction to grant all appropriate relief

including, but not limited to, injunctive relief, compensatory, and

exemplary damages.

(e)(1) Any person on whose behalf an order was issued under

paragraph (2) of subsection (b) may commence a civil action against the

person to whom such order was issued to require compliance with such

order. The appropriate United States district court shall have jurisdiction,

without regard to the amount in controversy or the citizenship of the

parties, to enforce such order.

(2) The court, in issuing any final order under this subsection, may award costs of litigation (including reasonable attorney and expert

witness fees) to any party whenever the court determines such award

is appropriate.

(f) Any nondiscretionary duty imposed by this section shall be

enforceable in a mandamus proceeding brought under section 1361 of title

28 of the United States Code.

(g) Subsection (a) shall not apply with respect to any employee who,

acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of this Act or of

the Atomic Energy Act of 1954, as amended.22

22

Public Law 95-601 (92 Stat. 2951) (1978), section 10, duplicated the section numbered 210.

247
Deadline.

42 USC 5853.

(h) This section may not be construed to expand, diminish, or

otherwise affect any right otherwise available to an employee under

Federal or State law to redress the employee's discharge or other

discriminatory action taken by the employer against the employee.

(i) The provisions of this section shall be prominently posted in any

place of employment to which this section applies.

(j)(1) The Commission or the Department of Energy shall not delay

taking appropriate action with respect to an allegation of a substantial

safety hazard on the basis of-

(A) the filing of a complaint under subsection (b)(1) arising

from such allegation; or

(B) any investigation by the Secretary, or other action, under

this section in response to such complaint.

(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 1 year after

the filing of a complaint under paragraph (1), and there is no showing that

such delay is due to the bad faith of the person seeking relief under this

paragraph, such person may bring an action at law or equity for de novo

review in the appropriate district court of the United States, which shall

have jurisdiction over such an action without regard to the amount of

controversy.

23

See. 212. Limitation on Legal Fee Reimbursement

The Department of Energy shall not, except as required under a contract

entered into before the date of enactment of this section, reimburse any

contractor or subcontractor of the Department for any legal fees or

expenses incurred with respect to a complaint subsequent to-

(1) an adverse determination on the merits with respect to such

complaint against the contractor or subcontractor by the Director of

the Department of Energy's Office of Hearings and Appeals pursuant

to part 708 of title 10, Code of Federal Regulations, or by a

Department of Labor Administrative Law Judge pursuant to section

211 of this Act; or

(2) an adverse final judgment by any State or Federal court with

respect to such complaint against the contractor or subcontractor for

wrongful termination or retaliation due to the making of disclosures

protected under chapter 12 of title 5, United States Code, section 211

of this Act, or any comparable State law, unless the adverse

determination or final judgment is reversed upon further

administrative or judicial review. 24

Title llI-Miscellaneous And Transitional Provisions

Sec. 301. Transitional Provisions

(a) Except as otherwise provided in this Act, whenever all of the

functions or programs of an agency, or other body, or any component

thereof, affected by this Act, have been transferred from that agency, or

other body, or any component thereof by this Act, the agency, or other

body, or component thereof shall lapse. If an agency, or other body, or

any component thereof, lapses pursuant to the preceding sentence, each

42 USC 5871.

Lapses of

agencies and

positions.

23Public Law 109-58 (119 Stat. 785), August 8, 2005, section 629(b), added new section (4). 24Public Law 109-58 (119 Stat. 784), August 8, 2005, section 627, added new section 212.

248
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.

Savings (b) All orders, determinations, rules, regulations, permits, contracts,

clauses, 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 (f)-

(1) the provisions of this Act shall not affect suits commenced

prior to the date this Act takes effect, and

(2) in all such suits proceedings shall be had, appeals taken, and

judgments rendered, in the same manner and effect as if this Act had

not been enacted.

(e) No suit, action, or other proceeding commenced by or against any

officer in his official capacity as an officer of any department or agency,

functions of which are transferred by this Act, shall abate by reason of the

enactment of this Act. No cause of action by or against any department or

agency, functions of which are transferred by this Act, or by or against

any officer thereof in his official capacity shall abate by reason of the

enactment of this Act. Causes of actions, suits, actions, or other

proceedings may be asserted by or against the United States or such

official as may be appropriate and, in any litigation pending when this

section takes effect, the court may at any time, on its own motion or that

of any party, enter any order which will give effect to the provisions of

this section.

(f) If, before the date on which this Act takes effect, any department

or agency, or officer thereof in his official capacity, is a party to a suit,

and under this Act any function of such department, agency, or officer is

transferred to the Administrator or Commission, or any other official, then

such suit shall be continued as if this Act had not been enacted, with the

Administrator of Commission, or other official, as the case may be,

substituted.

(g) Final orders and actions of any official or component in the

performance of functions transferred by this Act shall be subject to

judicial review to the same extent and in the same manner as if such

249
42 USC 5872.

42 USC 5873.

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

(a) Except as provided in the next sentence, the personnel employed

in connection with, and the personnel positions, assets, liabilities,

contracts, property, records, and unexpended balances of appropriations,

authorizations, allocations, and other funds employed, held, used, arising

from, available to or to be made available in connection with the functions

and programs transferred by this Act, are, subject to section 202 of the

Budget and Accounting Procedures Act of 1950 (31 USC 581c),

correspondingly transferred for appropriate allocation. Personnel

positions expressly created by law, personnel occupying those positions

on the effective date of this Act, and personnel authorized to receive

compensation at the rate prescribed for offices and positions at levels II,

III, IV, or V of the Executive Schedule (5 USC 5313-5316) on the

effective date of this Act shall be subject to the provisions of subsection

(c) of this section and section 301 of this Act.

(b) Except as provided in subsection (c), transfer of nontemporary

personnel pursuant to this Act shall not cause any such employee to be

separated or reduced in grade or compensation for one year after such

transfer.

(c) Any person who, on the effective date of this Act, held a position

compensated in accordance with the Executive Schedule prescribed in

chapter 52 of title 5 of the United States Code, and who, without a break

in service, is appointed in the Administration to a position having duties

comparable to those performed immediately preceding his appointment

shall continue to be compensated in his new position at not less than the

rate provided for his previous position.

Sec. 303. Incidental Dispositions

The Director of the Office of Management and Budget is authorized to

make such additional incidental dispositions of personnel, personnel

positions, assets, liabilities, contracts, property, records, and unexpended

balances of appropriations, authorizations, allocations, and other funds

250
42 USC 5874.

42 USC 5875.

42 USC 5876.

42 USC 2206.

Report to

Congress.

42 USC 5877.

Administration

activities and

progress.

Reports to the

President and

Congress.

held, used, arising from, available to or to be made available in connection

with functions transferred by this Act, as he may deem necessary or

appropriate to accomplish the intent and purpose of this Act.

Sec. 304. Definitions

As used in this Act-

(1) any reference to "function" or "functions" shall be deemed

to include references to duty, obligation, power, authority,

responsibility, right, privilege, and activity, or the plural thereof, as the

case may be; and

(2) any reference to "perform" or "performance", when used in

relation to functions, shall be deemed to include the exercise of power,

authority, rights, and privileges.

Sec. 305. Authorizations of Appropriations

(a) Except as otherwise provided by law, appropriations made under

this Act shall be subject to an annual authorization.

(b) Authorization of appropriations to the Commission shall reflect the

need for effective licensing and other regulation of the nuclear power

industry in relation to the growth of such industry.

Sec. 306. Comptroller General Audit

(a) Section 166. "Comptroller General Audit" of the Atomic Energy

Act of 1954, as amended, shall be deemed to be applicable, respectively,

to the nuclear and nonnuclear activities under title I and to the activities

under title II.

(b) The Comptroller General of the United States shall audit, review,

and evaluate the implementation of the provisions of title II of this Act by

the Nuclear Safety and Licensing Commission not later than sixty months

after the effective date of this Act, the Comptroller General shall prepare

and submit to the Congress a report on his audit, which shall contain, but

not be limited to-

(1) an evaluation of the effectiveness of the licensing and related

regulatory activities of the Commission and the operations of the

Office of Nuclear Safety Research and the Bureau of Nuclear

Materials Security;

(2) an evaluation of the effect of such Commission activities on

the efficiency, effectiveness, and safety with which the activities

licensed under the Atomic Energy Act of 1954, as amended, are

carried out;

(3) recommendations concerning any legislation he deems

necessary, and the reasons therefor, for improving the implementation

of title II.

Sec. 307. Reports 25

(a) The Administrator shall, as soon as practicable after the end of

each fiscal year, make a report to the President for submission to the

Congress on the activities of the Administration during the preceding

fiscal year. Such report shall include a statement of the short-range and

long-range goals, priorities, and plans of the Administration together with

an assessment of the progress made toward the attainment of objectives

and toward the more effective and efficient management of the

Administration and the coordination of its functions.

2-5'1he requirements 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).

251
Feasibility of (b) During the first year of operation of the Administration, the

transferring Administrator, in collaboration with the Secretary of Defense, shall

military conduct a thorough review of the desirability and feasibility of

application transferring to the Department of Defense or other Federal agencies the

functions. functions of the Administrator respecting military application and

restricted data, and within one year after the Administrator first takes

office, the Administrator shall make a report to the President, for

submission to the Congress, setting forth his comprehensive analysis, the

principal alternatives, and the specific recommendations of the

Administrator and the Secretary of Defense.

Commission (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 of the Commission's activities and

findings in the following areas-

(1) insuring the safe design of nuclear power plants and other

licensed facilities;

(2) investigating abnormal occurrences and defects in nuclear

power plants and other licensed facilities;

(3) safeguarding special nuclear materials at all stages of the

nuclear fuel cycle;

(4) investigating suspected, attempted, or actual thefts of special

nuclear materials in the licensed sector and developing contingency

plans for dealing with such incidents;

(5) insuring the safe, permanent disposal of high-level radioactive

wastes through the licensing of nuclear activities and facilities;

(6) protecting the public against the hazards of low-level

radioactive emissions from licensed nuclear activities and facilities.

Sec. 308. Information to Committees

42 USC 5878. The Administrator shall keep the appropriate congressional

committees fully and currently informed with respect to all of the

Administration's activities.

Sec. 309. Transfer of Funds

42 USC 5879. The Administrator, when authorized in an appropriation Act, may, in

any fiscal year, transfer funds from one appropriation to another within

the Administration; except, that no appropriation shall be either increased

or decreased pursuant to this section by more than 5 per centum of the

appropriation for such fiscal year.

Sec. 310. Conforming Amendments to Certain Other Laws

Subchapter II (relating to Executive Schedule pay rates) of chapter 53

of title 5, United States Code, is amended as follows:

(1) Section 5313 is amended by striking out "(8) Chairman,

Atomic Energy Commission," and inserting in lieu thereof "(8)

Chairman, Nuclear Regulatory Commission," and by adding at the end

thereof the following:

(22) Administrator of Energy Research and Development

Administration.

(2) Section 5314 is amended by striking out "(42) Members,

Atomic Energy Commission." and inserting in lieu thereof "(42)

Members, Nuclear Regulatory Commission.", and by adding at the end

thereof the following:

(60) Deputy Administrator, Energy Research and Development

Administration.

(3) Section 5315 is amended by striking out paragraph (50), and

252
42 USC 5801

note.

42 USC 5801

note.

Publication in

Federal

Register.

by adding at the end thereof the following:

(100) Assistant Administrator, Energy Research and Development

Administration (6).

(101) Director of Nuclear Reactor Regulation, Nuclear Regulatory

Commission.

(102) Director of Nuclear Material Safety and Safeguards, Nuclear

Regulatory Commission.

(103) Director of Nuclear Regulatory Research, Nuclear Regulatory

Commission.

(104) Executive Director for Operations, Nuclear Regulatory

Commission.

(4) Section 5316 is amended by striking out paragraphs (29), (62),

(69), and (102), by striking out "(81), General Counsel of the Atomic

Energy Commission," and inserting in lieu thereof "(81) General Counsel

of the Nuclear Regulatory Commission.", and by adding at the end thereof

the following:

(134) General Counsel, Energy Research and Development

Administration.

(135) Additional officers, Energy Research and Development

Administration (8).

(136) Additional officers, Nuclear Regulatory Commission (5).

Sec. 311. Separability

If any provision of this Act, or the application thereof to any person or

circumstance, is held invalid, the remainder of this Act, and the

application of such provision to other persons or circumstances, shall not

be affected thereby.

Sec. 312. Effective Date and Interim Appointments

(a) This Act shall take effect one hundred and twenty days after the

date of its enactment, or on such earlier date the President may prescribe

and publish in the Federal Register; except that any of the officers

provided for in title I of this Act may be nominated and appointed, as

provided by this Act, at any time after the date of enactment of this Act.

Funds available to any department or agency (or any official or

component thereof), any functions of which are transferred to the

Administrator and the Commission by this Act, may, with the approval of

the President, be used to pay the compensation and expenses of any

officer appointed pursuant to this subsection until such time as funds for

that purpose are otherwise available.

(b) In the event that any officer required by this Act to be appointed

by and with the advice and consent of the Senate shall not have entered

upon office on the effective date of this Act, the President may designate

any officer, whose appointment was required to be made by and with the

advice and consent of the Senate and who was such an officer

immediately prior to the effective date of this Act, to act in such office

until the office is filled as provided in this Act. While so acting, such

persons shall receive compensation at the rates provided by this Act for

the respective offices in which they act.

Title IV - Sex Discrimination

Sec. 401. Sex Discrimination Prohibited

No person shall on the ground of sex be excluded from participation

in, be denied a license under, be denied the benefits of, or be subjected to

discrimination under any program or activity carried on or receiving

Federal assistance under any title of this Act. This provision will be

enforced through agency provisions and rules similar to those already

established, with respect to racial and other discrimination, under title VI

253

42 USC 5891.

42 USC 2000d.
of the Civil Rights Act of 1964. However, this remedy is not exclusive

and will not prejudice or cut off any other legal remedies available to a

discriminate.

254
3: Rognzton u~ Pla of 198 an Othe Dou et Petinn

to N Jrsdicio

3. Reorganization Plan of 1980 and Other Documents

Pertaining to NRC Jurisdiction

Contents

A. REORGANIZATION PLAN NO. 1 OF 1980 ................. ,...257

Nuclear Regulatory Commission ......................................................................... 257

S ec . 1 ........................................................................................................... 2 5 7

S ec. 2 ........................................................................................................... 2 5 8

S ec. 3 ........................................................................................................... 2 5 9

S ec. 4 ........................................................................................................... 2 5 9

S ec . 5 ........................................................................................................... 2 6 0

B. REORGANIZATION PLAN NO. 3 OF 1970 ........................................ 261

T itle III - T he President ....................................................................................... 261

Environmental Protection Agency ............................................................... 261

Sec. 1. Establishment of Agency .............................................................. 261

Sec. 2. Transfers to Environmental Protection Agency ........................ 261

Sec. 3. Performance of transferred functions ........................................ 263

Sec. 4. Incidental transfers ...................................................................... 263

Sec. 5. Interim officers ............................................................................. 263

Sec. 6. A bolitions ...................................................................................... 264

Sec. 7. Effective date ............................................ 264

C. EXECUTIVE ORDER 11834-ACTIVATION OF THE ENERGY

RESEARCH AND DEVELOPMENT ADMINISTRATION AND

THE NUCLEAR REGULATORY COMMISSION .............................. 265

Activation of the Energy Research and Development Administration

and the Nuclear Regulatory Commission ................................................ 265

S ec . 1 ........................................................................................................... 2 6 5

S ec. 2 ........................................................................................................... 2 6 5

S ec . 3 ........................................................................................................... 2 6 5

D. OMB MEMORANDUM REGARDING RESPONSIBILITY FOR

SETTING RADIATION PROTECTION STANDARDS ...................... 266

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREE

MILE ISLAND (12/7/79) .......................................................................... 268

255.

PRESIDENTIAL DOCUMENTS

A. 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, 1980,1 pursuant to

the provisions of chapter 9 of title 5 of the United States Code. 2

Nuclear Regulatory Commission

Sec. 1. (a) Those functions of the Nuclear Regulatory Commission,

hereinafter referred to as the "Commission", concerned with:

(1) policy formulation;

(2) rulemaking, as defined in section 553 of title 5 of the United

States Code, except that those matters set forth in 553(a)(2) and (b)

which do not pertain to policy formulation orders or adjudications

shall be reserved to the Chairman of the Commission;

(3) orders and adjudications, as defined in section 551 (6) and (7)

of title 5 of the United States Code;

shall remain vested in the Commission. The Commission may

determine by majority vote, in an area of doubt, whether any matter,

action, question or area of inquiry pertains to one of these functions. The

performance of any portion of these functions may be delegated by the

Commission to a member of the Commission, including the Chairman of

the Nuclear Regulatory Commission, hereinafter referred to as the

"Chairman", and to the staff through the Chairman.

(b)(1) With respect to the following officers or successor officers duly

established by statute or by the Commission, the Chairman shall initiate

the appointment, subject to the approval of the Commission; and the

Chairman or a member of the Commission may initiate an action for

removal, subject to the approval of the Commission:

(i) Executive Director for Operations,

(ii) General Counsel,

(iii) Secretary of the Commission,

(iv) Director of the Office of Policy Evaluation,

(v) Director of the Office of Inspector and Auditor,

(vi) Chairman, Vice Chairman, Executive Secretary, and

Members of the Atomic Safety and Licensing Board Panel,

(vii) Chairman, Vice Chairman and Members of the

Atomic Safety and Licensing Appeal Panel.

(2) With respect to the following officers or successor officers duly

established by statute or by the Commission, the Chairman, after

consultation with the Executive Director for Operations, shall initiate

the appointment, subject to the approval of the Commission, and the

Chairman, or a member of the Commission may initiate an action for

removal, subject to the approval of the Commission:

(i) Director of Nuclear Reactor Regulation,

(ii) Director of Nuclear Material Safety and Safeguards,

(iii) Director of Nuclear Regulatory Research,

(iv) .Director of Inspection and Enforcement.

(v) Director of Standards Development.

1

As amended May 5, 1980. 2

This Reorganization Plan was originally approved under special Congressional procedures; the Supreme Court

decision in Immigration & Naturalization Service vs. Chadha (462 US 919 (1983)) called into question the

legality of this plan. Congress responded by enacting this Reorganization Plan in Public Law 98-614.

257
(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 shall act as provided by subsection 201 (a)(1) of

the Energy Reorganization Act of 1974, as amended (42 USC 5841 (a)(1),

as amended) in the performance of its functions as described in

subsections (a) and (b) of this section.

Sec. 2. (a) All other functions of the Commission, not specified by

section 1 of this Reorganization Plan, are hereby transferred to the

Chairman. The Chairman shall be the official spokesman for the

Commission, and shall appoint, supervise, and remove, without further

action by the Commission, the Directors and staff of the Office of Public

Affairs and the Office of Congressional Relations. The Chairman may

consult with the Commission as he deems appropriate in exercising this

appointment function.

(b) The Chairman shall also be the principal executive officer of the

Commission, and shall be responsible to the Commission for developing

policy planning and guidance for consideration by the Commission; shall

be responsible for the Commission for assuring that the Executive

Director for Operations and the staff of the Commission (other than the

officers and staff referred to in sections (1)(b)(4), (1)(c) and (2)(a) of this

Reorganization Plan) are responsive to the requirements of the

Commission in the performance of its functions; shall determine the use

and expenditure of funds of the Commission, in accordance with the

distribution of appropriated funds according to major programs and

purposes approved by the Commission; shall present to the Commission

for its consideration the proposals and estimates set forth in subsection (3)

of this paragraph; and shall be responsible for the following functions,

which he shall delegate, subject to his direction and supervision, to the

Executive Director for Operations unless otherwise provided by this

Reorganization Plan:

(1) administrative functions of the Commission;

(2) distribution of business among such personnel and among

administrative units and offices of the Commission;

(3) preparation of

(i) proposals for the reorganization of the major offices

within the Commission;

(ii) the budget estimate for the Commission; and

(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

258
than those whose appointment and removal are specifically provided

for by subsections I (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.

See. 3. (a) Notwithstanding sections 1 and 2 of this Reorganization

Plan, there are hereby transferred to the Chairman all the functions vested

in the Commission pertaining to an emergency concerning a particular

facility or materials licensed or regulated by the Commission, including

the functions of declaring, responding, issuing orders, determining

specific policies, advising the civil authorities, and the public, directing,

and coordinating actions relative to such emergency incident.

(b) The Chairman may delegate the authority to perform such

emergency functions, in whole or in part, to any of the other members of

the Commission. Such authority may also be delegated or re-delegated, in

whole or in part to the staff of the Commission.

(c) In acting under this section, the Chairman, or other member of the

Commission delegated authority under subsection (b), shall conform to

the policy guidelines of the Commission. To the maximum extent possible

under the emergency conditions, the Chairman or other member of the

Commission delegated authority under subsection (b), shall inform the

Commission of actions taken relative to the emergency.

(d) Following the conclusion of the emergency, the Chairman, or the

member of the Commission delegated the emergency functions under

subsection (b), shall render a complete and timely report to the

Commission on the actions taken during the emergency.

Sec. 4. (a) The Chairman may make such delegations and provide for

such reporting as the Chairman deems necessary, subject to provisions of

law and this Reorganization Plan. Any officer or employee under the

Commission may communicate directly to the Commission, or to any

member of the Commission, whenever in the view of such officer or

employee a critical problem or public health and safety or common

defense and security is not being properly addressed.

(b) The Executive Director for Operations shall report for all matters

to the Chairman.

(c) The function of the Director of Nuclear Reactor Regulation,

Nuclear Material Safety and Safeguards, and Nuclear Regulatory

Research of reporting directly to the Commission is hereby transferred so

that such officers report to the Executive Director for Operations. The

function of receiving such reports is hereby transferred from the

Commission to the Executive Director for Operations.

(d) The heads of the Commission level offices or successor offices, of

General Counsel, Secretary to the Commission, Office of Policy

Evaluation, Office of Inspector and Auditor, the Atomic Safety and

Licensing Board Panel and Appeal Panel, and Advisory Committee on

Reactor Safeguards shall continue to report directly to the Commission

and the Commission shall continue to receive such reports.

259
Sec. 5. The provisions of this Reorganization Plan shall take effect

October 1, 1980, or at such earlier time or times as the President shall

specify, but no sooner than the earliest time allowable under section 906

of title 5 of the United States Code.3

345 FR 40561.

260
B. REORGANIZATION PLAN NO. 3 OF 1970

Title III - The President

5 USC App. 1. 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.' 2

Environmental Protection Agency

Sec. 1. Establishment of Agency

(a) There is hereby established the Environmental Protection Agency,

hereinafter referred to as the "Agency."

(b) There shall be at the head of the Agency the Administrator of the

Environmental Protection Agency, hereinafter referred to as the

"Administrator." The Administrator shall be appointed by the President,

by and with the advice and consent of the Senate, and shall be

compensated at the rate now or hereafter provided for Level II of the

Executive Schedule Pay rates (5 USC 5313).

(c) There shall be in the Agency a Deputy Administrator of the

Environmental Protection Agency who shall be appointed by the

President, by and with the advice and consent of the Senate, and shall be

compensated at the rate now or hereafter provided for Level III of the

Executive Schedule Pay Rates (5 USC 5314). The Deputy Administrator

shall perform such functions as the Administrator shall from time to time

assign or delegate, and shall act as Administrator during the absence or

disability of the Administrator or in the event of a vacancy in the office of

Administrator.

(d) There shall be in the Agency not to exceed five Assistant

Administrators of the Environmental Protection Agency who shall be

appointed by the President, by and with the advice and consent of the

Senate, and shall be compensated at the rate now or hereafter provided for

Level IV of the Executive Schedule Pay Rates (5 USC 5315). Each

Assistant Administrator shall perform such functions as the Administrator

shall from time to time assign or delegate.

Sec. 2. Transfers to Environmental Protection Agency

(a) There are hereby transferred to the Administrator:

(1) All functions vested by law in the Secretary of the Interior and

the Department of the Interior which are administered through the

Federal Water Quality Administration, all functions which were

transferred to the Secretary of the Interior by Reorganization Plan No.

2 of 1966 (80 Stat. 1608), and all functions vested in the Secretary of

the Interior or the Department of the Interior by the Federal Water

Pollution Control Act or by provisions of law amendatory or

supplementary thereof

(2)(i) The functions vested in the Secretary of the Interior by the

Act of August 1, 1958, 72 Stat. 479, 16 USC 742d-1 (being an Act

relating to studies on the effects of insecticides, herbicides, fungicides,

and pesticides upon the fish and wildlife resources of the United

States), and (ii) the functions vested by law in the Secretary of the

Interior and the Department of the Interior which are administered by

'Effective December 2, 1970, under the provisions of section 7 of the plan. 2

This Reorganization Plan was originally approved under special Congressional procedures; the Supreme Court

decision in Immigration & Naturalization Service vs. Chadha (462 US 919 (1983)) called into question the

legality of this plan. Congress responded by enacting this Reorganization Plan in Public Law 98-614.

261
the Gulf Breeze Biological Laboratory of the Bureau of Commercial

Fisheries at Gulf Breeze, Florida.

(3) The functions vested by law to the Secretary of Health,

Education, and Welfare or in the Department of Health, Education,

and Welfare which are administered through the Environmental Health

Service, including the functions exercised by the following

components thereof:

(i) The National Air Pollution Control Administration,

(ii) The Environmental Control Administration

(A) Bureau of Solid Waste Management,

(B) Bureau of Water Hygiene,

(C) Bureau of Radiological Health,

except that functions carried out by the following components of the

Environmental Control Administration of the Environmental Health

Service are not transferred: (i) Bureau of Community Environmental

Management, (ii) Bureau of Occupational Safety and Health, and (iii)

Bureau of Radiological Health, insofar as the functions carried out by the

latter Bureau pertain to (A) regulation of radiation from consumer

products, including electronic product radiation, (B) radiation as used in

the healing arts, (C) occupational exposures to radiation, and (D)

research, technical assistance, and training related to clauses (A), (B), and

(C).

(4) The functions vested in the Secretary of Health, Education,

and Welfare of establishing tolerances for pesticide chemicals under

the Federal Food, Drug, and Cosmetic Act as amended, 21 USC 346,

346a, and 348, together with authority, in connection with the

functions transferred, (i) to monitor compliance with the tolerances

and the effectiveness of surveillance and enforcement, and (ii) to

provide technical assistance to the States and conduct research under

the Federal Food, Drug, and Cosmetic Act, as amended, and the Public

Health Service Act, as amended.

(5) So much of the functions of the Council on Environmental

Quality under section 204(5) of the National Environmental Policy

Act of 1969 (Public Law 91-190, approved January 1, 1970, 83 Stat.

855), as pertains to ecological systems.

(6) The functions of the Atomic Energy Commission under the

Atomic Energy Act of 1954, as amended, administered through its

Division of Radiation Protection Standards, to the extent that such

functions of the Commission consist of establishing generally

applicable environmental standards for the protection of the general

environment from radioactive material. As used herein, standards

mean limits on radiation exposures or levels, or concentrations or

quantities of radioactive material, in the general environment outside

the boundaries of locations under the control of persons possessing or

using radioactive material.

(7) All functions of the Federal Radiation Council (42 USC

2021(h)).

(8)(i) The functions of the Secretary of Agriculture and the

Department of Agriculture under the Federal Insecticide, Fungicide,

and the Rodenticide Act, as amended (7 USC 135-135k), (ii) the

functions of the Secretary of Agriculture and the Department of

Agriculture under section 408 (1) of the Federal Food, Drug, and

Cosmetic Act, as amended (21 USC 346a (1)), and (iii) the functions

vested by law in the Secretary of Agriculture and the Department of

Agriculture which are administered through the Environmental

Quality Branch of the Plant Protection Division of the Agricultural

Research Service.

262
(9) So much of the functions of the transferor officers and agencies

referred to in or affected by the foregoing provisions of this section as

is incidental to or necessary for the performance by or under the

Administrator of the functions transferred by those provisions or

relates primarily to those functions. The transfers to the Administrator

made by this section shall be deemed to include the transfer of (1)

authority, provided by law, to prescribe regulations relating primarily

to the transferred functions, and (2) the functions vested in the

Secretary of the Interior and the Secretary of Health, Education, and

Welfare by section 169(d)(1)(b) and (3) of the Internal Revenue Code

of 1954 (as enacted by section 704 of the Tax Reform Act of 1969, 83

Stat. 668); but shall be deemed to exclude the transfer of the functions

of the Bureau of Reclamation under section 3(b)(1) of the Water

Pollution Control Act (33 USC 466a(b)(1)).

(b) There are hereby transferred to the Agency:

(1) From the Department of the Interior, (i) the Water Pollution

Control Advisory Board (33 USC 466f), together with its functions,

and (ii) the hearing boards provided for in section 10(c)(4) and 10(f) of

the Federal Water Pollution Control Act, as amended (33 USC

466g(c)(4): 466g(f)). The functions of the Secretary of the Interior

with respect to being or designating the Chairman of the Water

Pollution Control Advisory Board are hereby transferred to the

Administrator.

(2) From the Department of Health, Education, and Welfare, the

Air Quality Advisory Board (42 USC 1857e), together with its

functions. The functions of the Secretary of Health, Education, and

Welfare with respect to being a member and the Chairman of that

Board are hereby transferred to the Administrator.

Sec. 3. Performance of transferred functions

The Administrator may from time to time make such provisions as he

shall deem appropriate authorizing the performance of any of the

functions transferred to him by the provisions of this reorganization plan

by any other officer or by any organizational entity or employee, of the

Agency.

Sec. 4. Incidental transfers

(a) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed, used,

held, available, or to be made available in connection with the functions

transferred to the Administrator or the Agency by this reorganization plan

as the Director of the Office of Management and Budget shall determine

shall be transferred to the Agency at such time or times as the Director

shall direct.

(b) Such further measures and dispositions as the Director of Office of

Management and Budget shall deem to be necessary in order to effectuate

the transfers referred to in subsection (a) of this section shall be carried

out in such manner as he shall direct and by such agencies as he shall

designate.

See. 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

263
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.

See. 6. Abolitions

(a) Subject to the provisions of this reorganization plan, the following,

exclusive of any functions, are hereby abolished:

(1) The Federal Water Quality Administration in the Department

of the Interior (33 USC 466-1).

(2) The Federal Radiation Council (73 Stat. 690; 42 USC 202 1(h)).

(b) Such provisions as may be necessary with respect to terminating

any outstanding affairs shall be made by the Secretary of the Interior in

the case of the Federal Water Quality Administration and by the

Administrator of General Services in the case of the Federal Radiation

Council.

Sec. 7. Effective date

The provisions of this reorganization plan shall take effect sixty days

after the date they would take effect under 5 USC 906(a) in the absence of

this section.

264
C. EXECUTIVE ORDER 11834-ACTIVATION OF THE

ENERGY RESEARCH AND DEVELOPMENT

ADMINISTRATION AND THE NUCLEAR REGULATORY

COMMISSION

THE WHITE HOUSE

Activation of the Energy Research and Development Administration

and the Nuclear Regulatory Commission

By virtue of the authority vested in me by the Energy Reorganization

Act of 1974 (Public Law 93-438; 88 Stat. 1233), section 301 of title 3 of

the United States Code, and as President of the United States of America,

it is hereby ordered:

Sec. 1. Pursuant to section 312(a) of the Energy Reorganization Act

of 1974, I hereby prescribe January 19, 1975, as the effective date of that

Act. This action shall not impair in any way the activation of the Energy

Resources Council by Executive Order No. 11814 of October 11, 1974.

Sec. 2. The Director of the Office of Management and Budget shall

take all steps necessary or appropriate to ensure or effectuate the transfers

provided for in the Energy Reorganization Act of 1974, the Solar Heating

and Cooling Demonstration Act of 1974 (Public Law 93-409; 88 Stat.

1069), the Geothermal Energy Research, Development, and

Demonstration Act of 1974 (Public Law 93-410; 88 Stat. 1079), the Solar

Energy Research, Development, and Demonstration Act of 1974 (Public

Law 93-473; 88 Stat. 1431), to the extent required or permitted by law,

including transfers of funds, personnel and positions, assets liabilities,

contracts, property, records, and other items related to the transfer of

functions, programs, or authorities.

Sec. 3. As required by the Energy Reorganization Act of 1974, this

Order shall be published in the Federal Register.

GERALD R. FORD

THE WHITE HOUSE, January 15, 1975.

265
D. OMB MEMORANDUM REGARDING RESPONSIBILITY

FOR SETTING RADIATION PROTECTION STANDARDS

Washington, D.C. 20503

December 7,1973

MEMORANDUM FOR: ADMINISTRATOR TRAIN

CHAIRMAN RAY

SUBJECT: Responsibility for Setting Radiation Protection Standards

FROM: Roy L. Ash

Thank you for providing position papers which outline the background

and the current difference of views between your two agencies as to which

should have the responsibility for issuing standards to define permissible

limits on radioactivity that may be emitted from facilities in the nuclear

power industry.

It is clear, as your paper indicated, that a decision is needed on this matter

so that the nuclear power industry and the general public will know where

the responsibility lies for developing (including public participation in

development), promulgating and enforcing radiation protection standards

for various types of facilities in the nuclear power industry. We must, in

the national interest, avoid confusion in this area, particularly since

nuclear power is expected to supply a growing share of the Nation's

energy requirements; and it must be clear that we are assuring continued

full protection of the public health and the environment from radiation

hazards.

It is also clear from the information which you provided that:

the area of responsibility now in controversy is intimately related to

the direct regulatory responsibilities and capabilities of the Atomic

Energy Commission, responsibilities about which there is no dispute.

EPA has construed too broadly its responsibilities, as set forth in

Reorganization Plan No. 3 of 1970, to set "generally applicable

environmental standards for the protection of the general environment

from radioactive material."

On behalf of the President, this memorandum is to advise you that the

decision is that AEC should proceed with its plans for issuing uranium

fuel cycle standards, taking into account the comments received from all

sources, including EPA; that EPA should discontinue its preparations for

issuing, now or in the future, any standards for types of facilities; and that

EPA should continue, under its current authority, to have responsibility

for setting standards for the total amount of radiation in the general

environment from all facilities combined in the uranium fuel cycle, i.e., an

ambient standard which would have to reflect AEC's findings as to the

practicability of emission controls.

EPA can continue to have a major impact upon standards for facilities set

by AEC through EPA's review of proposed standards, during which EPA

can bring to bear its knowledge and perspective derived from its

responsibility for setting ambient radiation standards.

266
The President expects that AEC and EPA continue to work together to

carry out the responsibilities as outlined above.

267
E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT

THREE MILE ISLAND (12/7/79)

Public Papers of the Presidents of the United States:

Jimmy Carter, 1979

Remarks Announcing Actions in Response to the Commission's Report.

December 7, 1979.

The purpose of this brief statement this afternoon is to outline to you

and to the public, both in this country and in other nations of the world,

my own assessment of the Kemeny report recommendations on the Three

Mile Island accident. And I would like to add, of course, in the

presentation some thoughts and actions of my own.

I have reviewed the report of the Commission, which I established to

investigate the accident at the Three Mile Island nuclear power plant. The

Commission, headed by Dr. John Kemeny, found very serious

shortcomings in the way that both the Government and the utility industry

regulate and manage nuclear power.

The steps that I am taking today will help to assure that nuclear power

plants are operated safely. Safety, as it always has been and will remain, is

my top priority.

As I've said before, in this country nuclear power is an energy source

of last resort. By this I meant that as we reach our goals on conservation,

on the direct use of coal, on development of solar power and synthetic

fuels, and enhanced production of American oil and natural gas - as we

reach those goals, then we can minimize our reliance on nuclear power.

Many of our foreign allies must place much greater reliance than we

do on nuclear power, because they do not have the vast natural resources

that give us so many alternatives. We must get on with the job of

developing alternative energy resources, and we must also pass, in order

to do this, the legislation that I have proposed to the Congress in making

an effort, at every level of society, to conserve energy. To conserve

energy and to develop energy resources in our country are the two basic

answers for which we are seeking. But we cannot shut the door on nuclear

power for the United States.

The recent events in Iran have shown us the clear, stark dangers that

excessive dependence on imported oil holds for our Nation. We must

make every effort to lead this country to energy security. Every domestic

energy source, including nuclear power, is critical if we are to be free as a

country from our present over-dependence on unstable and uncertain

sources of high-priced foreign oil.

We do not have the luxury of abandoning nuclear power or imposing a

lengthy moratorium on its further use. A nuclear power plant can displace

35,000 barrels of oil per day, or roughly 13 million barrels of oil per year.

We must take every possible step to increase the safety of nuclear power

production. I agree fully with the letter and the spirit and the intent of the

Kemeny commission's recommendations, some of which are within my

own power to implement, others of which rely on the Nuclear Regulatory

Commission, or the NRC, or the utility industry itself.

To get the Government's own house in order, I will take several steps.

First, I will send to the Congress a reorganization plan to strengthen the

role of the Chairman of the NRC, to clarify assignment of authority and

responsibility, and provide this person with the power to act on a daily

basis as a chief executive officer with authority to put needed safety

requirements in place and to implement better procedures. The Chairman

268
must be able to select key personnel and to act on behalf of the

Commission during any emergency.

Second, I intend to appoint a new Chairman of the Nuclear Regulatory

Commission, someone from outside that agency, in the spirit of the

Kemeny commission's recommendation. In the meantime, I've asked

Commissioner Aheame, now on the NRC, to serve as the Chairman. Mr.

Ahearne will stress safety and the prompt implementation of the needed

reforms.

In addition, I will establish an independent advisory committee to help

keep me and the public of the United States informed of the progress of

the NRC and the industry in achieving and in making clear the

recommendations that nuclear power will be safer.

Third, I'm transferring responsibility to the Federal Emergency

Management Agency, the FEMA, to head up all off site emergency

activities and to complete a thorough review of emergency plans in all the

States of our country with operating nuclear reactors by June 1980.

Fourth, I have directed the Nuclear Regulatory Commission and the

other agencies of the Government to accelerate our program to place a

resident Federal inspector at every reactor site.

Fifth, I'm asking all relevant Government agencies to implement

virtually all of the other recommendations of the Kemeny commission - I

believe there were 44 in all. A detailed fact sheet is being issued to the

public, and a more extended briefing will be given to the press this

afternoon.

With clear leadership and improved organization, the executive branch

of Government and the NRC will be better able to act quickly on the

crucial issues of improved training and standards, safety procedures, and

the other Kemeny commission recommendations. But responsibility to

make nuclear power safer does not stop with the Federal Government. In

fact, the primary, day-by-day responsibility for safety rests with utility

company management and with suppliers of nuclear equipment. There is

no substitute for technically qualified and committed people working on

the construction, the operation, and the inspection of nuclear powerplants.

Personal responsibility must be stressed. Some one person must

always be designated as in charge, both at the corporate level and also at

the power plant site. The industry owes it to the American people to

strengthen its commitment to safety.

I call on the utilities to implement the following changes. First,

building on the steps already taken, the industry must organize itself to

develop enhanced standards for safe design, operation, and construction of

plants. Second, the nuclear industry must work together to develop and to

maintain in operation a comprehensive training, examination, and

evaluation program for operators and for supervisors. This training

program must pass muster with the NRC through accreditation of the

training programs to be established. Third, control rooms in nuclear power

plants must be modernized, standardized, and simplified as much as

possible to permit better informed decision-making among regular

operating hours and, of course, during emergencies.

I challenge our utility companies to bend every effort to improve the

safety of nuclear power.

Finally, I would like to discuss how we manage this transition period

during which the Kemeny recommendations are being implemented.

There are a number of new nuclear plants now awaiting operating licenses

or construction permits. Under law, the Nuclear Regulatory 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,

269
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.

270

G•]C U.S. GOVERNMENT PRINTING OFFICE: 2009-353-454
NRC FORM 335 U.S. NUCLEAR REGULATORY COMMISSION 1. REPORT NUMBER

(9-2004) (Assigned by NRC, Add Vol., Supp., Rev., NRCMD 3.7 end Addendum Number., If 1n.)

BIBLIOGRAPHIC DATA SHEET NUREG 0980 IS- instrouton the r-s)e Vol. 1, No. 8

2. TITLE AND SUBTITLE 3. DATE REPORT PUBLISHED

Nuclear Regulatory Legislation MONTH YEAR

110th Congress, 2nd Session May 2009

4. FIN OR GRANT NUMBER

5, AUTHOR(S) 6. TYPE OF REPORT

Compilation of Nuclear Legislation

7. PERIOD COVERED (Inctusle Dates)

Through 110th Congress

8. PERFORMING ORGANIZATION - NAME AND ADDRESS (IfNRC. pode Okkikr, OffIe or Ragon. US. Nuar RagulaWy Com.isen. and mang addresa, conractao, provde name and madiog address)

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington D.C. 20555-0001

9. SPONSORING ORGANIZATION - NAME AND ADDRESS (If NRC, typ "Sam as above' if onnracts, pnovd NRC Diison, Ofic or Region, U.S. Nuclea Regulatory Commission,

and maging address)

Same as 8 above

10. SUPPLEMENTARY NOTES

11. ABSTRACT (200 wards or less)

This document is a compilation of nuclear regulatory legislation and other relevant material through the 110th Congress, 2nd

Session. This compilation has been prepared for use as a resource document, which the NRC intends to update at the end of

every congress.

The contents of NUREG 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 Waste Policy Act; Nuclear Waste Policy

Act of 1982; and NRC Authorization and Appropriation Acts. Other materials included are statutes and treaties on export

licensing, nuclear non-proliferation, and environmental protection.

12. KEY WORDS/DESCRIPTORS (List words or pleases that oa1 assist researchers in locating the repor.)

Nuclear Regulatory Legislation; Atomic Energy Act; Energy Reorganization Act; Nuclear Waste Policy

Act; NRC Authorization and Appropriations Acts; Statutes; Treaties; Agreements on Export Licensing

and Non-Proliferation.

13. AVAILABILITY STATEMENT

unlimited

14 SECURITY CLASSIFJCATION

(This Page)

unclassified

(ThiS ReoPr)

unclassified

15. NUMBER OF PAGES

16. PRICE

NRC FORM 335 19-2004) PRINTED ON RECYCLED PAPER NRC FORM 335 (9-2004) PRINTED ON RECYCLED PAPER




UNITED STATES

NUCLEAR REGULATORY COMMISSION

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