*T.1TTR C Vol. 1, No. 9

Unired Srarcs Nuclear Regularory Commission

Protecting People and the Environment

Nuclear Regulatory

Legislation

1 1 1th Congress; 2 nd Session

Office of the General Counsel
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*U.S.NRC

United States Nuclear Regulatory Commission

Protecting People and the Environment

NUREG-0980

Vol. 1, No. 9

Nuclear Regulatory

Legislation

1 1 1th Congress; 2nd Session

Prepared by:

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Date Published: February 2011

FOREWORD

This compilation of statutes and materials pertaining to nuclear regulatory

legislation through the I I Ith 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, although every effort has been made to ensure the

completeness and accuracy of this material, neither the United States

Government, the U.S. 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 about this compilation, please contact:

Anthony de Jesis

Legislative Specialist

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Anthony.deJesus@nrc.gov

This document is available on the U.S. Nuclear Regulatory Commission

Web site at

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

and is published in three bound volumes.

iii

Contents - Volume 1

1. Comm issioner Tenure ............................................................ 1

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

B. NUCLEAR REGULATORY COMMISSION, 1975-PRESENT ............ 4

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

3. Energy Reorganization Act of 1974, as Amended ........... 231

4. Reorganization Plan of 1980 and Other Documents

Pertaining to NRC Jurisdiction ............................................. 265

A. REORGANIZATION PLAN NO. 1 OF 1980 ....................................... 269

B. REORGANIZATION PLAN NO. 3 OF 1970 ........................................ 273

C. EXECUTIVE ORDER 11834-ACTIVATION OF THE ENERGY

RESEARCH AND DEVELOPMENT ADMINISTRATION AND

THE NUCLEAR REGULATORY COMMISSION .............................. 277

D. OMB MEMORANDUM REGARDING RESPONSIBILITY FOR

SETTING RADIATION PROTECTION STANDARDS ...................... 278

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREE

M ILE ISLA N D .......................................................................................... 280

5. Low-Level Radioactive Waste ............................................ 283

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1985

(TITLE 1), AS AM ENDED ...................................................................... 289

B. LOW-LEVEL RADIOACTIVE WASTE POLICY

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

CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKY

MOUNTAIN, NE INTERSTATE COMPACTS) ................................... 306

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE

WASTE COMPACT CONSENT ACT ................................................... 373

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE

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

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

COM PACT CONSENT ACT ................................................................... 394

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

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

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT

OF 1992-(ENVIRONMENTAL PROTECTION STANDARDS) ...... 488

V
C. PERTINENT PROVISIONS OF THE RONALD W. REAGAN

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

YEAR 2005-(WASTE INCIDENTAL TO REPROCESSING) .......... 490

D. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT

OF 2005--(GREATER-THAN-CLASS C WASTE) .............................. 492

7. Uranium M ill Tailings ....................................................... 493

A. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF

1978, AS AM END ED ................................................................................ 497

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT

OF 1992-(REMEDIAL ACTION AND URANIUM

REVITALIZATION) ................................................................................ 521

C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEAR

2001-(PROVISIONS PERTAINING TO REMEDIAL ACTION

AT M O AB SITE) ...................................................................................... 527

vi
Commissioner Tenure I

Commissioner Tenure1

1. Commissioner Tenure

Commissioner Tenure 3

Commissioner Tenure 3

1. Commissioner Tenure

A. ATOMIC ENERGY COMMISSION, 1946-1975

From To Remarks

David E. Lilienthal, Chairman

Robert F. Bacher

Sumner T. Pike

William W. Waymack

Lewis L. Strauss

Chairman

Henry De Wolf Smyth

Gordon Dean

Chairman

Thomas E. Murray

Thomas Keith Glennan

Eugene M. Zuckert

Joseph Campbell

Willard F. Libby

John Von Neumann

Harold S. Vance

John S. Graham

John Forrest Floberg

John A. McCone, Chairman

John H. Williams

Robert E. Wilson

Loren K. Olson

Glenn T. Seaborg, Chairman

Leland J. Haworth

John G. Palfrey

James T. Ramey

Gerald F. Tape

Mary I. Bunting

Wilfrid E. Johnson

Samuel M. Nabrit

Francesco Costagliola

Theos J. Thompson

Clarence E. Larson

James R. Schlesinger, Chairman

William 0. Doub

Dixy Lee Ray'

Chairman

William E. Kriegsman

William A. Anders

Nov. 1, 1946

Nov. 1, 1946

Oct. 31, 1947

Nov. 5, 1946

Nov. 12, 1946

July 2, 1953

May 30, 1949

May 24, 1949

July 1I, 1950

May 9, 1950

Oct. 2, 1950

Feb. 25, 1952

July 27, 1953

Oct. 5, 1954

Mar. 15, 1955

Oct. 31, 1955

Sept. 12, 1957

Oct. I, 1957

July 14, 1958

Aug. 13, 1959

Mar. 22, 1960

June 23, 1960

Mar. 1, 1961

Apr. 17, 1961

Aug.31, 1962

Aug. 31, 1962

July 15, 1963

June 29, 1964

Aug. I, 1966

Aug. 1, 1966

Oct. 1, 1968

June 12, 1969

Sept. 2, 1969

Aug. 17, 1971

Aug. 17, 1971

Aug. 8, 1972

Feb. 6, 1973

June 12, 1973

Aug. 6, 1973

Feb. 15,1950

May 10, 1949

Dec. 15, 1951

Dec. 21, 1948

Apr. 15, 1950

June 30, 1958

Sept. 30, 1954

June 30, 1953

June 30, 1953

June 30, 1957

Nov. 1, 1952

June 30, 1954

Nov. 30, 1954

June30, 1959

Feb. 8, 1957

Aug. 31, 1959

June 30, 1962

June 23, 1960

Jan. 20, 1961

June 30, 1960

Jan. 31, 1964

Resigned

Resigned

Resigned

Resigned

Resigned

Term expired

Resigned

Term expired

Term expired

Resigned

Term expired

Resigned

Resigned

Deceased

Deceased

Resigned

Resigned

Resigned

Resigned

Resigned

Term expired

Resigned

Resigned

Resigned

Term expired

Resigned

Term expired

Term expired

Resigned

Term expired

Deceased

Term expired

Resigned

Resigned

AEC abolished

Resigned

AEC abolished

June 30,

Aug. 16,

June 30,

June 30,

June 30,

Apr. 30,

June 30,

June 30,

1962

1971

1963

1966

1973

1969

1965

1972

Aug. 1, 1967

June 30, 1969

Nov. 25, 1970

June 30, 1974

Feb. 5, 1973

Aug. 17, 1974

Jan. 19,1975

Jan. 19,1975

Dec. 31,1974

Jan. 19, 1975

'Designated Chairman February 6, 1973.
4 Commissioner Tenure

B. NUCLEAR REGULATORY COMMISSION, 1975-PRESENT

From From To Remarks

William A. Anders, Chairman

Marcus A. Rowden

Chairman

Edward A. Mason

Victor Gilinksy

Richard T. Kennedy

Joseph M. Hendrie, Chairman

Commissioner

Chairman

Peter A. Bradford

John F. Aheame

Chairman

Commissioner

Nunzio J. Palladino, Chairman

Thomas M. Roberts

James K. Asselstine

Frederick M. Bernthal

Lando W. Zech, Jr.

Chairman

Kenneth M. Carr

Chairman

Kenneth Rogers

James R. Curtiss

Forrest J. Remick

Ivan Selin, Chairman

E. Gail de Planque

Shirley A. Jackson

Chairman

Greta J. Dicus

Jan. 19, 1975

Jan. 19,1975

Apr. 21, 1976

Jan. 19, 1975

Jan. 19,1975

Jan. 19, 1975

Aug. 9, 1977

Dec. 8, 1979

Mar. 3, 19814

Aug. 15, 1977

July 31, 1978

Dec. 7, 19795

Mar. 3, 19816

July 1, 1981

Aug. 3, 1981

May 17, 1982

Aug. 4, 1983

July 5, 1984

July 1, 1986

Aug. 14,1986

July 1, 1989

Aug. 7, 1987

Oct. 20, 1988

Dec. 1, 1989

July 1, 1991

Dec. 16, 1991

May 2, 1995

July 1, 1995

February 15, 1996

October 27, 1998

Apr. 20, 1976

Apr. 20, 1976

June 30, 1977

Jan. 15,1977

June 30, 1984

June 30, 1980

Dec. 7, 19793

Mar. 2, 1981

June 30, 1981

Mar. 12, 1982

Dec. 7, 1979

Mar. 2, 1981

June 30, 1983

June 30, 1986

June 30, 1990'

June 30, 1987'

June 30, 1988

June 30, 19869

June 30, 1989

June 30, 1989

June 30, 1991

June 30, 199710

June 30, 1993

June 30, 1994

June 30, 1995''

June 30, 1995

June 30, 1995

June 30, 1999

June 30, 1998

June30, 199912

Resigned

Term Expired

Resigned

Term

Expired 2

Term Expired

Term Expired

Resigned

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Resigned

Term Expired

Term Expired

Term Expired

2

Victor Gilinsky served two terms. The Senate reconfirmed his nomination for a term of 5 years on June 27, 1979.

'On 4 Dec. 7. 1979, Joseph M. Hendrie vacated the chairmanship but remained as a Commissioner. On Mar. 3, 1981, Joseph M. Hendrie resumed the chairmanship.

'On Dec. 7, 1979, John F. Ahearne assumed the chairmanship. 6

On Mar. 3, 198 1, John F. Ahearne vacated the chairmanship but remained as a Commissioner.

'First term expired on June 30, 1985; Thomas Roberts took oath of office for a second term on July 12, 1985.

'James K. Asselstine completed Peter A. Bradford's term and was appointed to a full 5-year term.

'On June 28, 1984, Lando W. Zech, Jr., was nominated by the President. He received a recess appointment on July 3. 1984, and took office on July 5, 1984. On January 3, 1985, the President resubmitted the nomination to

the 99th Congress for a full 5-year appointment. The Senate subsequently confirmed the nomination, and he

took office for the full 5-year term on March 6, 1985. On July I, 1986, Lando W. Zech, Jr., assumed the

chairmanship.

"'Kenneth C. Rogers served as Commissioner from Aug. 7, 1987, to June 30, 1992, and was reappointed as Commissioner from July I, 1992, to June 30, 1997.

"tvan Selin resigned on June 30, 1995. "2Greta J. Dicus was renominated to a new 5-year term as Commissioner on May 22, 1998. Her nomination was confirmed by the Senate on October 21, 1998.
("nmmi• •inn•r T•nlr•

.B. NUCLEAR REGULATORY COMMISSION, 1975-PRESENT

From From To Remarks

Chairman

Commissioner

Nils J. Diaz

Nils J. Diaz

Chairman

Edward McGaffigan, Jr.

Edward McGaffigan, Jr.

Edward McGafftgan, Jr.

Jeffrey S. Merrifield

Jeffrey S. Merrifield

Richard A. Meserve, Chairman

Gregory B. Jaczko

Gregory B. Jaczko

Gregory B. Jaczko

Chairman

Peter B. Lyons

Peter B. Lyons

Dale E. Klein, Chairman

Commissioner

Kristine L. Svinicki

William D. Magwood

William C. Ostendorff

George Apostolakis

July 1, 1999

October 29, 1999'4

August 23, 1996

October 4, 2001

April 1, 2003's

August 28, 1996

July 1, 2000

October 12, 200516

October 23, 1998

August 5, 2002

October 29, 1999

January 21, 2005

May 31, 2006

July 1, 2008

May 13, 2009

January 25, 2005

May 31, 2006

July 1, 2006

May 13, 200921

March 17, 2008

April 1, 2010

April 1, 2010

April 23, 2010

October 29, 1999'3

June 30, 2003

June 30, 2001

March 31, 2003

June 30, 2006

June 30, 2000

June 30, 2005

September 2, 2007

June 30, 2002

June 30, 2007

March 31, 200317

Recess Appointment'8

June 30, 2008

May 13, 2009

June 30, 201319

Recess Appointment 20

June 30; 2009

May 13, 2009

March 29, 2010

June 30, 2012

June 30, 2015

June 30, 2011

June 30, 2014

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Deceased

Term Expired

Term Expired

Resigned

Term Expired

Term Expires

Term Expired

Resigned

Term Expires

Term Expires

Term Expires

Term Expires

"Greta J. Dicus assumed the chairmanship on July I, 1999.

"On October 29, 1999, Greta J. Dicus vacated the chairmanship but remained as a Commissioner.

15On April 1, 2003, Nils J. Diaz assumed the chairmanship. '

6

The office was vacant July 1, 2005, through October II, 2005. Commissioner McGaffigan was nominated on July 28, 2005, and confirmed by the Senate on October 7. 2005.

"On March 3 1, 2003, Richard A. Meserve resigned. "

5

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

end of the Senate's session in 2006).

2"Gregory B. Jaczko assumed the chairmanship on May 13, 2009. 00n January 19, 2005, President Bush appointed Peter B. Lyons during the Senate recess (effective to the end

of Senate's session in 2006). 2

"On May 13, 2009, Dale E. Klein vacated the chairmanship but remained as a Commissioner. On

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

Atomic Energy Act of 1954 (P.L. 83-703) II 

Atomic Energy Act of 1954 (P.L. 83-703) 7

2. Atomic Energy Act of 1954, as

Amended

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

2. Atomic Energy Act of 1954, as Amended

Contents

Title I- A tom ic Energy ..................................................................... ......... .. 15

Chapter I- Declaration, Findings, And Purpose ............................................ 15

S ee. 1. D ecla ration ............................................................................................. . . 15

S ec. 2. F ind ings ................................................................................................. . . 15

S ec. 3. P u rpose .................................................................................................. . . 16

C hapter 2-D efinitions ........................................................................................ 17

Sec. 11. D efi nitions .......................................................................................... . . 17

C hapter 3-O rganization ..................................................................................... 24

Sec. 23. O ffi ce ................................................................................................. . . 24

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

See. 25. Divisions, Offices, And Positions ......................................................... 25

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

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

Sec. 28. Appointment Of Army, Navy, Or Air Force Officers ....................... 27

Sec. 29. Advisory Committee On Reactor Safeguards .................................... 28

C hapter 4-R esearch ............................................................................................ 28

Sec. 31. R esearch Assistance ........................................................................... 28

Sec. 32. Research By The Commission ............................................................. 29

Sec. 33. R esearch For O thers ........................................................................... 29

Chapter 5-Production Of Special Nuclear Material ....................................... 30

Sec. 41. Ownership And Operation Of Production Facilities ......................... 30

Sec. 42. Irradiation O f M aterials .................................................................... 31

Sec. 43. Acquisition Of Production Facilities .................................................. 31

Sec. 44. D isposition O f Energy ......................................................................... 31

Chapter 6-Special Nuclear Material ................................................................ 31

Sec. 51. Special N uclear M aterial .................................................................... 31

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

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

Sec. 55. A cq uisition .......................................................................................... . . 37

See. 56. Guaranteed Purchase Prices ............................................................... 38

Sec. 57. P rohibition .......................................................................................... . . 38

Sec. 58. R eview ................................................................................................. . . 40

C hapter 7-Source M aterial ................................................................................. 41

Sec. 61. Source M aterial .................................................................................. 41

Sec. 62. License For Transfers Required ........................................................ 41

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

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

Sec. 65. R eporting ............................................................................................ . . 42

Sec. 66. A cq uisition .......................................................................................... . . 43

Sec. 67. Operations On Lands Belonging To The United States ................... 43

Sec. 68. Public And Acquired Lands ................................................................ 43

Sec. 69. P rohibition .......................................................................................... . . 44

C hapter 8-Byproduct M aterial ......................................................................... 44

Sec. 81. D om estic D istribution ........................................................................... 44

Sec. 82. Foreign Distribution Of Byproduct Material ................................... 46
10 Atomic Energy Act of 1954 (P.L. 83-703)

Sec. 83. Ownership And Custody Of Certain Byproduct Material And

D isposable Sites ................................................................................... . . 46

Sec. 84. Authorities Of Commission Respecting Certain Byproduct

M ateria l ............................................................................................... . . 4 9

Chapter 9-Military Application Of Atomic Energy .................................... 50

See. 9 1. A uthority ............................................................................................. . . 50

See. 92. P rohibition .......................................................................................... . . 5 1

Chapter 10-Atom ic Energy Licenses ............................................................... 52

See. 101. L icense R equired ................................................................................ 52

Sec. 102. Utilization And Production Facilities For Industrial Or

C om m ercial Purposes ......................................................................... 52

Sec. 103. Com m ercial Licenses ......................................................................... 52

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

Sec. 105. A ntitrust Provisions ........................................................................... 54

Sec. 106. C lasses O f Facilities ............................................................................ 56

Sec. 107. O perators' Licenses ............................................................................ 57

Sec. 108. W ar O r National Em ergency ............................................................ 57

See. 109. Component And Other Parts Of Facilities ..................................... 57

Sec. 110. E xclusions .......................................................................................... . . 58

Sec. 111. Distribution By The Department Of Energy .................................. 58

Chapter I I- International Activities ............................. 59

Sec. 121. Effect Of International Arrangements ............................................ 59

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

Sec. 123. Cooperation With Other Nations ...................................................... 59

Sec. 124. International Atom ic Pool ................................................................. 64

Sec. 125. Cooperation W ith Berlin ................................................................. 64

Sec. 126. Export Licensing Procedures .......................................................... 65

Sec. 127. Criteria Governing United States Nuclear Exports ........................ 69

Sec. 128. Additional Export Criterion And Procedures .................................. 69

Sec. 129. Conduct Resulting In Termination Of Nuclear Exports ................. 71

Sec. 130. Congressional Review Procedures ................................................... 73

Sec. 131. Subsequent Arrangements .......... ...................................................... 76

Sec. 132. Authority To Suspend Nuclear Cooperation With Nations Which

Have Not Ratified The Convention On The Physical Security Of

N uclear M aterial ................................................................................. . . 8 1

Sec. 133. Consultation With The Department Of Defense Concerning

Certain Exports And Subsequent Arrangements .............................. 81

Sec. 134. Further Restrictions On Exports ...................................................... 82

Chapter 12-Control O f Inform ation .................................................................. 85

S ec. 14 1. P olicy ................................................................................................. . ....85

Sec. 142. Classification And Declassification Of Restricted Data ................... 85

Sec. 143. Department Of Defense Participation .............................................. 86

Sec. 144. International C ooperation .................................................................. 86

Sec. 145. R estrictions ......................................................................................... 88

Sec. 146. G eneral Provisions ............................................................................. 90

Sec. 147. Safeguards Inform ation ..................................................................... 90

Sec. 148. Prohibition Against The Dissemination Of Certain Unclassified

Info rm ation .......................................................................................... . . 92

Sec. 149. Fingerprinting For Criminal History Record Checks ..................... 94

Chapter 13-Patents And Inventions .................................................................. 96

Sec. 151. Inventions Relating To Atomic Weapons, And Filing Of Reports ...... 96
Atomic Enerp-v Act of 1954 (P.L. 83-703) I1I

Sec. 152. Inventions Made Or Conceived During Commission Contracts ......... 97

Sec. 153. Nonmilitary Utilization ....................................................................... 99

S ec. 154. Inju n ctio n s ............................................................................................. 10 1

S ec. 15 5. P rio r A rt ................................................................................................ 10 1

Sec. 156. Commission Patent Licenses ................................................................ 101

Sec. 157. Compensation, Awards, And Royalties ............................................... 101

Sec. 158. Monopolistic Use Of Patents ............................................................... 102

Sec. 159. Federally Financed Research .............................................................. 102

Sec. 160. Saving C lause ........................................................................................ 103

Chapter 14-General Authority ............................................................................. 103

Sec. 161. General Provisions ............................................................................... 103

Sec. 161A. Use Of Firearms By Security Personnel .......................................... 110

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

Sec. 163. Advisory Committees ........................................................................... I1I

Sec. 164. Electric Utility Contracts ..................................................................... 112

Sec. 165. Contract Practices .............................................................................. 112

Sec. 166. Comptroller General Audit ................................................................. 113

Sec. 167. Claims Settlements ............................................................................... 113

See. 168. Payments In Lieu Of Taxes ............................ 1 13

S ec. 169. N o S u bsidy ............................................................................................ 1 14

Sec. 170. Indemnification And Limitation Of Liability .................................... 114

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

A rra n gem en ts .......................................................................................... 133

Sec. 170B. Uranium Supply ................................................................................. 134

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

R etirees .................................................................................................... 13 5

Sec. 170D. Security Evaluations ........................................................................... 136

Sec. 170E. Design Basis Threat Rulemaking ...................................................... 136

Sec. 170F. Recruitment Tools .............................................................................. 137

Sec. 170G. Expenses Authorized To Be Paid By The Commission .................. 137

Sec. 170H. Radiation Source Protection ............................................................. 138

Sec. 1701. Secure Transfer Of Nuclear Materials .............................................. 141

Chapter 15-Compensation For Private Property Acquired .............................. 142

Sec. 171. Just Compensation ............................................................................... 142

Sec. 172. Condemnation Of Real Property ........................................................ 142

Sec. 173. Patent Application Disclosures ............................................................ 142

Sec. 174. Attorney General Approval Of Title .................................................. 142

Chapter 16-Judicial Review And Administrative Procedure ........................... 143

S ec. 18 1. G enera l .................................................................................................. 14 3

Sec. 182. License Applications ............................................................................ 143

See. 183. Terms Of Licenses ................................................................................ 144

Sec. 184. Inalienability Of Licenses .................................................................... 145

Sec. 185. Construction Permits And Operating Licenses ................................. 145

S ec. 186. R evocation ............................................................................................. 146

Sec. 187. Modification Of License ....................................................................... 146

Sec. 188. Continued Operation Of Facilities ...................................................... 146

Sec. 189. Hearings And Judicial Review ............................................................ 147

See. 190. Licensee Incident Reports .................................................................... 149

Sec. 191. Atomic Safety And Licensing Board ................................................... 149

Sec. 192. Temporary Operating License ............................................................ 150

Sec. 193. Licensing Of Uranium Enrichment Facilities .................................... 152
12 Atomic Energy Act of 1954 (P.L. 83-703)

Chapter 17-Joint Committee On Atomic Energy ............................................... 154

C hapter 18-E nforcem ent ...................................................................................... 155

See. 22 1. G eneral P rovisions ............................................................................... 155

Sec. 222. Violations Of Specific Sections ............................................................ 155

Sec. 223. Violation Of Sections Generally .......................................................... 156

Sec. 224. Communication Of Restricted Data ................................................... 157

See. 225. Receipt O f R estricted Data .................................................................. 157

Sec. 226. Tampering With Restricted Data ........................................................ 158

See. 227. Disclosure Of Restricted Data ............................................................. 158

Sec. 228. Statute O f L im itations ......................................................................... 158

Sec. 229. Trespass On Commission Installations .............................................. 158

Sec. 230. Photographing, Etc., Of Commission Installations ............................ 159

S ec. 23 1. O ther L aw s ........................................................................................... 159

Sec. 232. Injunction Proceedings ........................................................................ 159

Sec. 233. C ontem pt Proceedings ......................................................................... 159

Sec. 234. Civil Monetary Penalties For Violations Of Licensing

R eq u irem en ts .......................................................................................... 160

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

Energy Safety R egulations ..................................................................... 161

Sec. 235. Protection Of Nuclear Inspectors ....................................................... 162

Sec. 236. Sabotage Of Nuclear Facilities Or Fuel .............................................. 163

C hapter 19-M iscellaneous .................................................................................... 164

Sec. 241. T ransfer O f Property ........................................................................... 164

Sec. 242. C old Standby ........................................................................................ 164

Sec. 243. Scholarship And Fellowship Program ................................................ 164

Sec. 244. Partnership Program With Institutions Of Higher Education ......... 165

Sec. 251. Report To Congress IRepealedi .......................................................... 166

Sec. 26 1. A ppropriations ..................................................................................... 166

Sec. 271. A gency Jurisdiction .............................................................................. 167

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

Sec. 273. Licensing Of Government Agencies .................................................... 167

Sec. 274. C ooperation W ith States ...................................................................... 168

Sec. 275. Health And Environmental Standards For Uranium Mill

T a ilin g s .................................................................................................... 17 3

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

Regulatory Concern Of Nuclear Regulatory Commission .................. 176

S ec. 28 1. S eparab ility ........................................................................................... 176

S ec. 29 1.. S h o rt T itle ............................................................................................. 176

Chapter 20-Joint Committee On Atomic Energy Abolished; Functions

A nd R esponsibilities R eassigned ....................................................................... 177

Sec. 301. Joint Committee On Atomic Energy Abolished ................................ 177

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

Atomic Energy And Conforming Amendments To Certain Other

L a w s ......................................................................................................... 17 7

Sec. 303. Information And Assistance To Congressional Committees ............ 177

Chapter 21-Defense Nuclear Facilities Safety Board ......................................... 178

S ec. 3 11. E sta b lish m en t ....................................................................................... 17 8

Sec. 312. Functions O f T he Board ...................................................................... 179

Sec. 3 13. Pow ers O f B oard .................................................................................. 180

Sec. 314. Responsibilities Of The Secretary Of Energy .................................... 182

Sec. 315. Board Recom m endations ..................................................................... 182
Atomic Energy Act of 1954 (P.L. 83-703) 13

S ec . 3 16. R epo rts .................................................................................................. 184

Sec. 3 17. Jud icial R eview ..................................................................................... 184

S ec. 3 18. D efi n itio n ............................................................................................... 1 84

Sec. 319. Contract Authority Subject To Appropriations ................................ 185

See. 320. Transmittal Of Certain Information to Congress .............................. 185

See. 321. Annual Authorization Of Appropriations .......................................... 185

Title 11-United States Enrichment Corporation ................................................. 186

Chapter 22-General Provisions ............................................................................ 186

S ec. 120 1. D efin itio n s ........................................................................................... 186

S ec. 12 02 . P u rp oses .............................................................................................. 188

Chapter 23-Establishment, Powers, And Organization Of Corporation ......... 188

See. 1301. Establishment Of The Corporation .................................................. 188

Sec. 1302. Corporate Offices ............................................................................... 189

Sec. 1303. Powers Of The Corporation .............................................................. 189

Sec. 1304. Board Of Directors ............................................................................. 189

Sec. 1305. Employees Of The Corporation ........................................................ 190

S ec. 13 06. A u d its .................................................................................................. 192

Sec. 1307. Annual Reports ................................................................................... 192

S ec. 13 08. A cco u n ts .............................................................................................. 192

S ec. 1309. O b ligations .......................................................................................... 193

See. 1310. Exemption From Taxation And Payments In Lieu Of Taxes ......... 194

Sec. 1311. Cooperation W ith Other Agencies .................................................... 194

Sec. 1312. Applicability Of Certain Federal Laws ............................................ 195

S ec. 13 13. S ecu rity ................................................................................................ 19 5

Sec. 1314. Control Of Information ..................................................................... 196

S ee. 13 15. T ra n sitio n ............................................................................................ 196

Sec. 1316. W orking Capital Account .................................................................. 196

Chapter 24-Rights, Privileges, And Assets Of The Corporation ....................... 197

Sec. 1401. Marketing And Contracting Authority ............................................ 197

S ec. 14 0 2 . P ric in g ................................................................................................. 19 8

See. 1403. Leasing Of Gaseous Diffusion Facilities Of Department ................ 198

Sec. 1404. Capital Structure Of Corporation .................................................... 199

See. 1405. Patents And Inventions ...................................................................... 199

S ec. 14 06. L iab ilities ............................................................................................. 199

Sec. 1407. Transfer Of Uranium Inventories ..................................................... 200

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

U n io n ........................................................................................................ 2 0 0

Chapter 25-Privatization Of The Corporation ................................................... 200

Sec. 1501. Strategic Plan For Privatization ........................................................ 200

Sec. 1502. P rivatization ........................................................................................ 20 1

Chapter 26-AVLIS And Alternative Technologies For Uranium

E n rich m en t ......................................................................................................... 202

Sec. 1601. Assessment By United States Enrichment Corporation .................. 202

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

C o rp o ratio n ............................................................................................. 202

Sec. 1603. Predeployment Activities By United States Enrichment

C o rp o ratio n ............................................................................................. 203

Sec. 1604. United States Enrichment Corporation Sponsorship Of Private

For-Profit Corporation To Construct AVLIS And Alternative

Technologies For Uranium Enrichment ............................................... 203
14 Atomic Energy Act of 1954 (P.L. 83-703)

Sec. 1605. AVLIS Commercialization Fund Within United States

Enrichm ent C orporation ........................................................................ 205

Sec. 1606. Department Research And Development Assistance ...................... 205

See. 1607. S ite Selection ....................................................................................... 205

Sec. 1608. Exclusion From Price-Anderson Coverage ...................................... 205

Chapter 27-Licensing And Regulation Of Uranium Enrichment Facilities ..... 206

Sec. 1701. G aseous D iffusion Facilities ............................................................... 206

Sec. 1702. Licensing Of Other Technologies ...................................................... 207

Sec. 1703. Regulation O f Restricted Data .......................................................... 207

Chapter 28-Decontamination And Decommissioning ........................................ 207

Sec. 1801. Uranium Enrichment Decontamination And Decommissioning

F u n d ......................................................................................................... 2 0 7

S ee. 1802. D ep osits ............................................................................................... 20 8

Sec. 1803. D epartm ent Facilities ......................................................................... 209

Sec. 1804. Em ployee Provisions .......................................................................... 209

Sec. 1805. R eports T o C ongress .......................................................................... 210

T itle Ill-R escissions A nd O ffsets .......................................................................... 2 10

Chapter I-Energy And Water Development Uranium Enrichment

C a p a city .............................................................................................................. 2 10

Subchapter A-United States Enrichment Corporation Privatization .............. 210

S ec. 3 10 1. S hort T itle ........................................................................................... 2 10

Sec. 3 102. D efinitions ........................................................................................... 2 10

Sec. 3103. Sale O f The C orporation ................................................................... 211

Sec. 3 104. M ethod O f Sale ................................................................................... 2 11

Sec. 3105. Establishment Of Private Corporation ............................................. 211

Sec. 3106. Transfers To The Private Corporation ............................................ 212

Sec. 3107. Leasing Of Gaseous Diffusion Facilities ........................................... 212

Sec. 3108. T ransfer O f C ontracts ........................................................................ 214

S ec. 3 109. L ia b ilities ............................................................................................. 2 15

Sec. 3110. Em ployee Protections ......................................................................... 216

Sec. 3111. O w nership Lim itations ...................................................................... 219

Sec. 3112. Uranium Transfers And Sales ........................................................... 219

Sec. 3112A. Incentives For Additional Downblending Of Highly Enriched

Uranium By The Russian Federation ................................................... 223

See. 3113. Low -Level W aste ................................................................................ 227

S ec. 3 114. A V L IS ................................................................................................. 22 8

Sec. 3115. Application Of Certain Laws ............................................................ 228
Atomic Enerev Act of 1954 (P.L. 83-703) 15

A. THE ATOMIC ENERGY ACT OF 1954, AS

AMENDED

Public Law 83-703 68 Stat. 919

August 30, 1954

Title I-Atomic Energy

Chapter 1-Declaration, Findings, And Purpose

42 USC 2011. Sec. 1. Declaration

l)eclaration. 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.

42 USC 2012. See. 2. Findings

Findings. The Congress of the United States hereby makes the following

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

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 interest to assure the common defense and security and to

protect the health and safety of the public.

'Added by P.L. 102.486, 106 Stat. 2943 (1992). 2

PL. 88-489, § 20, 78 Stat. 602 (1964), the Private Ownership of Special Nuclear Materials Act, reads as

follows:

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

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

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

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

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

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

achieve such objectives. 'P.L. 88-489. § 1, 78 Stat. 602 (1964), deleted subsection 2b. Subsection 2b read as follows:

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

the national interest and in order to provide for the common defense and security and to protect the health

and safety of the public.
16 Atomic Energy Act of 1954 (P.L. 83-703)

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

42 USC 2013. See. 3. Purpose

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

by 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.'

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

P.L. 88-489, § 2, 78 Stat. 602 (1964), deleted subsection 2h. Subsection 2h read as follows:

h. It is essential to the common defense and security that title to all special nuclear material be in the

United States while such special nuclear material is within the United States.

VP.L. 6 85-256, § I, 71 Stat. 576 (1957), added subsection i. pL. 88-489, § 3, 78 Stat. 602 (1964), amended this subsection. Before amendment, it read as follows: c. A program for Government control of the possession, use, and production of atomic energy and

special nuclear material so directed as to make the maximum contribution to the common defense and

security and the national welfare;
Atomic Energy Act of 1954 (P.L. 83-703) 17

Chapter 2-Definitions

42 USC 2014. Sec. 11. Definitions

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

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

As used in this Act:

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

U.S. 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.

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

cooperation, 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.

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

the course of nuclear fission or nuclear transformation.

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

wcapon. 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

Byproduct prototype, or a weapon test device.

material. e. The term "byproduct material" means- (]) 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.!

7

P.L. 87-206, § 2, 75 Stat. 475 (1961), amended this subsection by adding § 91c. 8

P.L. 109-58, § 651(e)(1), 119 Stat. 806 (2005), revised subsection (e) of § II ("Definitions") of the Atomic

Energy Act of 1954 by adding new paragraphs (3) and (4) to the definition of byproduct material. The former

subsection (e) read as follows:
18 Atomic Energy Act of 1954 (P.L. 83-703)

"(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

I Ic. 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 Ic. of the Atomic Energy Act of 1954 (42

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

(B) COOPERATION-In promulgating regulations under paragraph (I), the Commission shall,

to the maximum extent practicable-

(i) cooperate with States; and

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

(C) TRANSITION PLAN.-

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

material" has the meaning given the term in paragraphs (3) and (4) of section I le. of the Atomic

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

(ii) PREPARATION AND PUBLICATION.-To facilitate an orderly transition of regulatory

authority with respect to byproduct material, the Commission, in issuing regulations under

subparagraph (A), shall prepare and publish a transition plan for-

(1) States that have not, before the date on which the plan is published, entered into an agreement with the Commission under section 274b. of the Atomic Energy Act of 1954 (42

U.S.C. 202 1(b)); and

(11) 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 (I) or (2) of section I 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 I le. of that Act

(42 U.S.C. 2014(e)) (as amended by paragraph (1)), if the Governor of the State certifies to

the Commission on the date of publication of the transition plan that-

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

paragraph (3) or (4) of section I I e. 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 I Ie.

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

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

safety and the promotion of the common defense and security.-

(B) EXCEPTIONS.-

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

respect to-

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

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

enactment of this Act.
Atomic Energy Act of 1954 (P.L. 83-703) 19

Commission. f. 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, "off-site" means away from "the location" or "the contract location" as Financial defined in the applicable Nuclear Regulatory Commission or the

protection. Secretary of Energy, as appropriate, indemnity agreement, entered into

pursuant to section 1 70.

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.' 0

Government I. 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,

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

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

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

(as amended by paragraph (I )); and

(111) 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.

9P.L. 89-645, § 1, 80 Stat. 891 (1966), added subsection j. "P.L. 85-256, § 3.71 Stat. 576 (1957), added subsection k.
20 Atomic Energy Act of 1954 (P.L. 83-703)

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."1

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. 1 2

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

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

Nuclear q. The term "nuclear incident' 4means 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

421 USC 21 include any such occurrence outside of the United States: And provided

42USC2121. further, That as the term is used in section 170d., it shall include any 42 USC 2121. such occurrence outside the United States if such occurrence involves

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

under contract with, the United States: And provided firther, 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.' 5

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

Ilerson. controls of a utilization or production facility.

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

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

"P.L. 89-645, § 1,80 Stat. 891 (1966), added subsection m. "

2

P.L. 103-437, § 15(1)(1), 108 Stat. 4581 (1994), amended section "o." to reflect the current names of

congressional committees. '

3

P.L. 85-256, § 3, 71 Stat. 576 (1957), added subsection p. 1

4

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

"P.L. 85-256, § 3, 71 Stat. 576 (1957), added subsection q. Prior to amendment by P.L. 89-645 (see footnote

9 above), the subsection had been amended by P.L. 87-615, § 4, 76 Stat. 409 (1962). Before amendment, it

read as follows:

o. The term "nuclear incident" means any occurrence within the United States causing bodily injury,

sickness, disease, or death, or loss of or damage to property, or for loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material; Provided however, That as the term is used in subsection 170.1., it shall mean any

such occurrence outside of the United States rather than within the United States.

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

amendment, the proviso read as follows:

And provided further, That as the term is used in section 170d., it shall include any such occurrence outside of the United States if such occurrence involves a facility or device owned by, and used by or under contract with, the United States.
Atomic Enerev Act of 1954 (P.L. 83-703) 21

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

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

government or nation or any political subdivision of any such

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

representative, agent, or agency of the foregoing.

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

indemnified, incident occurring within the United States or outside the United States

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

incident in connection with the design, development, construction,

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

person with whom an indemnity agreement is executed or who is

required to maintain financial protection, and any other person who may

be liable for public liability or (2) with respect to any other nuclear

incident occurring outside the United States, the person with whom an

indemnity agreement is executed and any other person who may be liable

for public liability by reason of his activities under any contract with the

Secretary of Energy or any project to which indemnification under the

provisions of section 170d. has been extended or under any subcontract,

purchase order or other agreement, of any tier, under any such contract or

project. 16

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

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

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

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

produce new special nuclear material.

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

facility, device determined by rule of the Commission to be capable of the

production of special nuclear material in such quantity as to be of

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

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

part especially designed for such equipment or device as determined by

the Commission. Except with respect to the export of a uranium

enrichment production facility,' 8 19 such term as used in Chapters 10 and

16 shall not include any equipment or device (or important component

part especially designed for such equipment or device) capable of

separating the isotopes of uranium or enriching uranium in the isotope

235.20

'

6

P.L. 85-256, § 3, 71 Stat. 576 (1957), added subsection t. P.L. 87-615, § 5, 76 Stat. 409 (1962), amended the

subsection. Before amendment, it read as follows: r. The term "person indemnified" means the person with whom an indemnity agreement is executed

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

Public Law 94-197 (89 Stat. 1111) (1975), section 1, amended subsection I It. as follows:

by adding the phrases "or outside the United States as the term is used in subsection I 70c." and "or

who is required to maintain financial protection." to the definition of the term person "indemnified." 1

7

P.L. 101-575, § 5(a), 104 Stat. 2834 (1990), added a new last sentence to § I Iv.

'P.L. 102-486, 106 Stat. 2955, amended the last sentence of § v. Before amendment, the last sentence read as follows:

Except with respect to the export or a uranium enrichment production facility, such term as used in

Chapters 10 and 16 shall not include any equipment or device (or important component part especially

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

uranium in the isotope 235. 19P.L. 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."

"P.L. 104-134, Title III, § 3116(b)(1), 110 Stat. 1321-349), added new language:
22 Atomic Energy Act of 1954 (P.L. 83-703)

Public liability. w. The term "public liability"'" means any legal liability arising out

of or resulting from a nuclear incident or precautionary evacuation

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

Rescarch 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. Spmcial nucl.ar 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.

United States. bb. The term "United States" when used in a geographical sense includes all territories and possessions of the United States, the Canal

Zone and Puerto Rico. 22

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. 21P.L. 85-256, § 3, 71 Stat. 576 (1957), added subsection w. P.L. 87-206, § 3, 75 Stat. 475 (1961), amended

the subsection. Before amendment, it read as follows: u. The term "public liability" means any legal liability arising out of or resulting from a nuclear

incident, except claims under State or Federal Workmen's Compensation Acts of employees 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. "P.L. 84-1006, § I, 70 Stat. 1069 (1956), amended this definition. Before amendment, it read as follows:

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

United States, and the Canal Zone."
Atomic Enerav Act of 1954 (P.L. 83-703) 23

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

facility, 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-

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

incident but that poses imminent danger of bodily injury or property

damage from the radiological properties of source material, special

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

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

and

(2) initiated by an official of a State or a political subdivision of a State, who is authorized by State law to initiate such an evacuation

and who reasonably determined that such an evacuation was

necessary to protect the public health and safety.

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

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

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

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

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

inconsistent with the provisions of such section.

jj. Legal Costs.-As used in section 170, the term "legal costs" means the costs incurred by a plaintiff or a defendant in initiating, prosecuting,

21

P.L. 100-408, 102 Stat. 1066 (1988), added subsections dd-jj.
24 Atomic Energy Act of 1954 (P.L. 83-703)

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

under such section.

Chapter 3-Organization

42 USC 2033. Sec. 23. Office

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

of Columbia, but the Commission or any duly authorized representative

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

Commission shall maintain an office for the service of processing papers

within the District of Columbia.2

"

4

P.L. 93-438, § 104(a), 88 Stat. 1233 (1974), 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 thie

Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have equal responsibility and authority in

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

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

Action of the Commission shall be determined by a majority vote of the members present. The

Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the

Commission in its relations with the Congress. Government agencies, persons or the public, and on behalf

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

shall report thereon to the Commission from time to time or as the Commission may direct. The

Commission shall have an official seal which shall be judicially noticed.

P.L. 84-337, § 3, 69 Stat. 630 (1955), had previously amended the fifth sentence of § 21. Before

amendment, this sentence read as follows:

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

authority in all decisions and actions of the Commission and shall have one vote.

Prior to repeal, § 22 read as follows:

Sec. 22. Members.- a. Members of the Commission shall be appointed by the President, by and with the advice and

consent of the Senate. In submitting any nomination to the Senate, the President shall set forth the

experience and qualifications of the nominee. The term of office of each member of the Commission

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

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

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

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

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

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

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

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

that of serving as a member of the Commission.

Public Law 88-426 (78 Stat. 400) (1964), section 305(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.
Atomic Energy Act of 1954 (P.L. 83-703) 25

42 USC 2034. Sec. 24. General Manager, Deputy And Assistant

General General Managers

M'lanager, There is hereby established within the Commission:25

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

Assistant Commission, and who shall discharge such of the administrative and

General executive functions of the Commission as the Commission may direct.

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

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

Commission."

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

General Manager during his absence when so directed by the General

Manager, and who shall perform such other administrative and executive

functions as the General Manager shall direct. The Deputy General

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

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

shall be removable by the General Manager.27

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

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

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

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

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

removable by the General Manager.28

42 USC 2035. See. 25. Divisions, Offices, And Positions

Assistant There is hereby established within the Commission:29

General

Manager for a. A Division of Military Application and such other program

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

Application. determine to be necessary to the discharge of its responsibilities,

Divisions and including a division or divisions the primary responsibilities of which

offices. include the development and application of civilian uses of atomic

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

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

divisions, appointed by the Commission and shall be an active commissioned

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

25

P.L. 85-287, § 2, 71 Stat. 612 (1957), amended section 24 and replaced it in its entirety. Before amendment,

section 24 read as follows:

Sec. 24. General Manager.-There is hereby established within the Commission a General Manager,

who shall discharge such of the administrative and executive Functions of the Commission as the

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

pleasure of the Commission, shall be removable by the Commission, and shall receive compensation at a

26 rate determined by the Commission, but not in excess of $20,000 per annum. P.L. 88-426, § 306(0, 78 Star. 400 (1964), 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 as follows:

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

$20,500 per annum. "P.L. 88-426, § 306(0, 78 Stat. 400 (1964), 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 as follows:

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

$20,500 per annum. 2P.L. 88-426, § 306(), 78 Stat. 400 (1964), 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 as follows:

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

$20,000 per annum." 29

P.L. 85-287, § 3, 71 Star. 612 (1957), amended the title of section 25. Before amendment, the title of this

section was: "Divisions and Offices."
26 Atomic Energy Act of 1954 (P.L. 83-703)

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

Counsel. General Counsel who shall be appointed by the Commission; 3

' and

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

Division. be appointed by the Commission. 2 The Inspection Division shall be

responsible for gathering information to show whether or not the

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

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

which the Federal Bureau of Investigation is responsible) and the

appropriate rules and regulations of the Commission.

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

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

discharge of its responsibilities. Such positions shall be established by

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

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

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

removable by the General Manager. 3

See. 26. General Advisory Committee

(Repealed 34

)

3

"Public Law 90-190, section 5, 81 Stat. 575 (1967), amended section 25a. Before amendment, section 25a

read as follows:

a. a Division of Military Application and such other program divisions (not to exceed ten in number) as the Commission may determine to be necessary to the discharge of its responsibilities, including a division or divisions the primary responsibilities of which include the development and application of

civilian uses of atomic energy. Each such division shall be under the direction of a Director who shall be

appointed by the Commission. The Director of the Division of Military Application shall be an active

member of the Armed Forces. The Commission shall require each such division to exercise such of the

Commission's administrative and executive powers as the Commission may determine.

Public Law 88-426 (78 Stat. 400) (1964). section 306(), 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. 3

"P.L. 88-426, § 306(f), 78 Stat. 400 (1964), amended section 25b by deleting the last part, which read as follows: "and shall receive compensation at a rate determined by the Commission, but not in excess of

$19,500 per annum."

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

$16,000. 32

P.L. 88-426, § 306(0, 78 Stat. 400 (1964), amended the first sentence of section 25c by deleting the last part,

which read as follows: "and shall receive compensation at a rate determined by the Commission, but not in excess of $19,000

per annum."

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

$16,000.

"P.L. 85-287, § 3, 71 Stat. 612 (1957), added subsection d. P.L. 88-426, § 306(0, 78 Stat. 400 (1964),

amended the last sentence of this subsection by inserting "and" immediately before "shall be removable by the

General Manager," and by deleting the last part of the sentence, which read as follows: "and shall receive compensation at a rate determined by the General Manager, but not in excess of

$19,000 per annum." "

4

P.L. 95-91, § 709(c)(I ), 91 Stat. 608 (1977), repealed section 26, which read as follows:

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
Atomic Energy Act of 1954 (P.L. 83-703) 27

42 USC 2038.

Appointment of

Army, Navy or

Air Force

Officers.

Chairman,

Military

Liaison

Committee.

Sec. 27. Military Liaison Committee (Repealed 31)

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

Officers

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

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

Military Application shall serve without prejudice to his commissioned

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

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

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

allowances the Commission shall reimburse his service, an amount equal

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

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

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

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

Military Liaison Committee without prejudice to his active or retired

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

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

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

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

appointed for the remainder of such term; and (b) the terms of office of the members first taking office

after August I, 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

15 other expenses while engaged in the work of the Committee. Public Law 99-661, Div. C, Title 1, Part C, section 3137(c), 100 Stat. 4066 (1986), repealed section 27, which

read as follows:

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.

"

5

P.L. 90-190, § 6, 81- Stat. 575 (1967), 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.

P.L. 88-426, § 306, 73 Stat. 400, had earlier amended the second sentence of section 28 by substituting the

last phrase for the phrase "and the compensation prescribed in section 25."
28 Atomic Energy Act of 1954 (P.L. 83-703)

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.17.

42 USC 2039. Sec. 29. Advisory Committee On Reactor Safeguards

Committee on There is hereby established an Advisory Committee on Reactor

Reactor Safeguards consisting of a maximum of fifteen members appointed by

Safeguards. 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

42 USC 2051. Sec. 31. Research Assistance

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

assistance. as to insure the continued conduct of research and development and

training4° 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-

(I) nuclear processes;

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

processes, materials, and devices related to such production;

(3) utilization of special nuclear material and radioactive material

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

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

radioactive material and processes entailed in the utilization or

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

including industrial or commercial uses, the generation of usable

energy, and the demonstration of advances in the commercial or

industrial application of atomic energy;

41

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

2001. 3

"P.L. 85-256, § 5, 71 Stat. 576 (1957), added section 29.

I"P.L. 105-362, 112 Stat. 3292 (1998), struck the following two sentences, which had previously been added

by P.L. 99-209, § 5, 91 Stat. 1483 (1977):

In addition to its other duties under this section, the committee, making use of all available sources, shall undertake a study of reactor safety research and prepare and submit annually to the Congress a report containing the results of such study. The first such report shall be submitted to the Congress no later than

December 31, 1977.

°P.L. 84-1006, § 2, 70 Stat. 1069 (1956), added the words "and training." 4

"P.L. 91-560, § 1, 84 Stat. 1472 (1970), amended paragraph 31a(4), which read as follows:

Utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production atomic energy or such material for all other purposes,
Atomic Energy Act of 1954 (P.L. 83-703) 29

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.

(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

develop2ing 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.4 3

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

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

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

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

upon a showing by the Commission that advertising is not reasonably

practicable; (2) make partial and advance payments under such

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

such of its equipment and facilities as it may deem desirable.

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

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

property, and (3) to require the reporting and to permit the inspection of

work performed thereunder, as the Commission may determine. No such

arrangement shall contain any provisions or conditions which prevent the

dissemination of scientific or technical information, except to the extent

such dissemination is prohibited by law.

Sec. 32. Research By The Commission

The Commission is authorized and directed to conduct, through its

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

Sec. 33. Research For Others

Where the Commission finds private facilities or laboratories are

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

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

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

energy.44 To the extent the Commission determines that private facilities or laboratories are inadequate to the purpose, and that the Commission's

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

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

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. 42P.L. 92-84, § 201(a), 85 Stat. 304 (1971, added paragraph (6).

"P.L. 109-58, Title VI, § 651(c)(1), 119 Stat. 801 (2005).

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

as follows:

"Where the Commission finds private facilities or laboratories are inadequate to the purpose, it is

authorized to conduct for other persons, through its own facilities, such of those activities and studies of

the types specified in section 31 as it deems appropriate to the development of atomic energy."
42 USC 206 1.

Ownership and

operation of

production

facilities.

Operation of the

Commission's

production

facilities.

41 USC 252 (c)

(See 41 IJSC

260 (b)).

30 Atomic Energy Act of 1954 (P.L. 83-703)

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

potential production rate adequate to enable the user of such facilities to

produce within a reasonable period of time a sufficient quantity of special

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

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

Enrichment Corporation.46

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

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

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

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

to continue in effect, contracts with persons obligating them to produce

special nuclear material in facilities owned by the Commission. The

Commission is also authorized to enter into research and development

contracts authorizing the contractor to produce special nuclear material in

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

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

and development activities under such contracts. Any contract entered

into under this section shall contain provisions (I) prohibiting the

contractor from subcontracting any part of the work he is obligated to

perform under the contract, except as authorized by the Commission; and

(2) obligating the contractor (A) to make such reports pertaining to

activities under the contract to the Commission as the Commission may

require (B) to submit to inspection by employees of the Commission of

all such activities, and (C) to comply with all safety and security

regulations which may be prescribed by the Commission. Any contract

made under the provisions of this paragraph may be made without regard

to the provisions of section 3079 of the Revised Statutes, as amended,

upon certification by the Commission that such action is necessary in the

interest of the common defense and security, or upon a showing by the

45

P.L. 90-190, section 7, 81 Stat. 575 (1967), 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.

"Amended by P.L. 101-575, § 5(c), 104 Stat. 2835, and P.L. 102-486, 106 Stat. 2943 (1992), added new section (3).
Atomic Enerpv Act of 1954 (P.L. 83-703) 31

Operation of

other production

hacilities.

42 USC 2062.

Irradiation of

materials.

42 USC 2063.

Acquisition or

production

facilities.

44 USC 252(c)

(See 41 USC

260(b)).

42 USC 2064.

Disposition of

energy.

Commission that advertising is not reasonable practicable. Partial and

advance payments may be made under such contracts.47

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

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

required to be owned by the Commission.

Sec. 42. Irradiation Of Materials

The Commission and persons lawfully producing or utilizing special

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

radiation incident to the processes of producing or utilizing special

nuclear material.

Sec. 43. Acquisition Of Production Facilities

The Commission is authorized to purchase any interest in facilities

for the production of special nuclear materials, or in real property on which such facilities are located, without regard to the provisions of

section 3709 of the Revised Statutes, as amended, upon certification by

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

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

that advertising is not reasonably practicable. Partial and advance

payments may be made under contracts for such purposes. The

Commission is further authorized to requisition, condemn, or otherwise

acquire any interest in such production facilities, or to condemn or otherwise acquire such real property, and just compensation shall be

made therefor.

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

Commission must find that such material is capable of releasing

substantial quantities of atomic energy and must find that the

42 USC 2071.

Special nuclear

material.

47

public Law 90-190, section 8, 81 Stat. 575 (1967), 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.
32 Atomic Energy Act of 1954 (P.L. 83-703)

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 Energy4

" Committee49 and a period of thirty days shall

elapse while Congress is in session (in computing such thirty days, there

shall be excluded the days on which either House is not in session

because of an adjournment for more than three days) before the

determination of the Commission may become effective: Provided,

however, That the Energy 5

° 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.5

" The Commission is authorized (i) to issue licenses to transfer or

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

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

agreement for cooperation arranged pursuant to section 123, special

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

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

within the United States to qualified applicants requesting such material- 52

42 USC 2073.

Nuclear material

licenses.

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

types specified in section 3 1;

(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.5"

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

issuance of specific or general licenses for the distribution of special

nuclear material depending upon the degree of importance to the

common defense and security or to the health and safety of the public of4

"P.L. 103-437, § 15(0))(2), 108 Stat. 4592, changed "Joint Committee" to "Energy Committee." 49

See P.L. 95-110, § 301b.

'"P.L. 103-437, § 15(0))(2), 108 Stat. 4592, changed "Joint Comminee" to "Energy Committee."

"P.L. 88-489, § 4, 78 Stat. 602 (1964), 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

P.L. 88-489, § 5, 78 Stat. 602 (1964), amended this subsection. Before amendment, this subsection read as follows: a. The Commission is authorized to issue licenses for the possession of, to make available for the

period of the license, and to distribute special nuclear material within the United States to qualified

applicants requesting such material- 5 P.L. 85-681, § I, 72 Stat. 632 (1958), added clause (4).
Atomic Enerav Act of 1954 (P.L. 83-703) 33

(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. (I) The Commission may distribute special nuclear material

licensed under this section by sale, lease, lease with option to buy, or

grant.54 Provided however, That unless otherwise authorized by law, the

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

material except by 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

Agreements. material.

(3) The Commission is authorized to enter into agreements with

licensees for such period of time as the Commission may deem

necessary or desirable to distribute to such licensees such quantities of

special nuclear material as may be necessary for the conduct of the

licensed activity. In such agreements, the Commission may agree to

repurchase any special nuclear material licensed and distributed by

sale which is not consumed in the course of the licensed activity, or

any uranium remaining after irradiation of such special nuclear

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

price for comparable special nuclear material or uranium in effect at

the time of delivery of such material to the Commission.

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

"P.L. 90-190, § 10. 81 Slat. 575 (1967), added the phrase "or through the. provision of production or enrichment services."

"Section (c)(1) amended by P.L. 102-486, 106 Slat. 2943 (1992).

"P.L. 85-681, § 2, 72 Stat. 632 (1958), amended subsection c of section 53. Before amendment, this phrase

and the same phrase in the next sentence read "subsection 53a. (I) or subsection 53a (2)." 57

P.L. 88-489, § 6, 78 Slat. 602 (1964), amended subsection 53c. Before amendment, this subsection read as follows: c. The Commission may make a reasonable charge, determined pursuant to this section, for the use of

special nuclear material licensed and distributed under subsection 53a.(1), (2) or (4) and shall make a reasonable charge determined pursuant to this section for the use of special nuclear material licensed and
34 Atomic Energy Act of 1954 (P.L. 83-703)

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

Commission for the use of special nuclear material distributed by lease"8

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.I9

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

conditions, be subject to the following conditions-

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

the license except as defined by the license;

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

assigned or otherwise transferred in violation of the provisions of this

Act;

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

recapture or control reserved by section 108 and to all other

provisions of this Act;

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

production facility except in accordance with the provisions of this

Act;

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

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

be permitted to construct an atomic weapon;

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

such safety standards as may be established by rule of the

Commission to protect health and to minimize danger to life or

property; and

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. 55

P.L. 88-489, § 7, 78 Stat. 602 (1964), added the words "by lease."

"

9

P.L. 88-489, § 7, 78 Stat. 602 (1964), amended this paragraph. Before amendment, this paragraph read as follows:

(5) with respect to special nuclear material consumed in a facility licensed pursuant to section 103,

the Commission shall make a further charge based on the cost to the Commission, as estimated by the

Commission, or the average fair price paid for the production of such special nuclear material as determined by section 56, whichever is lower. 6P.L. 88-489, § 8, 78 Stat. 602 (1964), deleted, subsection 53e(l). Subsection 53e(l) read as follows:

(1) title to all special nuclear material shall at all times be in the United States:
Atomic Enerav Act of 1954 (P.L. 83-703) 35

Distribution for

independent

research, etc.

42 USC 2074.

Foreign

distribution of

special nuclear

material.

AtoicEnecvAc of 194(..8-0)

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

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

United States and the Commission harmless from any damages

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

licensee.6"

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 Committees6 3

and a period of sixty days shall elapse while Congress is in session (in

61

P.L. 85-256, section 2, 71 Stat. 576, amended section 53e(8). Before amendment, this subsection read as follows:

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

62 from the use or possession of special nuclear material by the licensee.

P.L. 90-190, section 9, 81 Stat. 575 (1967), deleted the following phrase, which appeared at the end of this

sentence:

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

3

See P.L.95-1 10, § 301b; P.L. 103-437, § 15(t)(3)(A), 108 Stat. 4581 (1994), struck "Joint Committee" and

substituted Energy Committees.
Purchase of

special nuclear

material.

Foreign

distribution of

certain

materials.

36 Atomic Energy Act of 1954 (P.L. 83-703)

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 fiurther, That any such proposed amounts and

periods shall not become effective if during such sixty-day period the

Congress passes a concurrent resolution stating in substance that it does

not favor the proposed action: And provided Jurther, That prior to the

elapse of the first thirty days of any such sixty-day period the Energy

Committees64 shall submit to their respective houses reports of their

views and recommendations respecting the proposed amounts and

periods and an accompanying proposed concurrent resolution stating in

substance that the Congress favors, or does not favor, as the case may be,

the proposed amounts or periods. The Commission may agree to

repurchase any special nuclear material distributed under a sale

arrangement pursuant to this subsection which is not consumed in the

course of activities conducted in accordance with the agreement for

cooperation, or any uranium remaining after irradiation of such special

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

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

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

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

period of the agreement for cooperation, special nuclear material

produced in a nuclear reactor located outside the United States through

the use of special nuclear material which was leased or sold pursuant to

this subsection. Under any such agreement the Commission shall

purchase only such material as is delivered to the Commission during

any period when there is in effect a guaranteed purchase price for the

same material produced in a nuclear reactor by a person licensed under

section 104, established by the Commission pursuant to section 56, and

the price to be paid shall be the price so established by the Commission

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

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

Commission is authorized to distribute to any person outside the United

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

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

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

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

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

hereafter otherwise authorized by law, the Commission shall be

compensated for special nuclear material so distributed at not less than

the Commission's published charges applicable to the domestic

distribution of such material. The Commission shall not distribute any

plutonium containing 80 per centrum or more by weight of plutonium238 to any person under this subsection if, in its opinion, such

distribution would be inimical to the common defense and security. The

Commission may require such reports regarding the use of material

distributed pursuant to the provisions of this subsection as it deems

necessary.

c. The Commission is authorized to license or otherwise permit

others to distribute special nuclear material to any person outside the

"'P.L. 103-437, § 15(0(3)(B), 108 Stat. 4581 (1994), struck "Joint Committee" and substituted Energy

Committees.
Atomic Energy Act of 1954 (P.L. 83-703) 37

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

be applicable if the material were distributed by the Commission.a5

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 13 1.66

42 USC 2075. See. 55. Acquisition

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

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

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

260(b)). certification by the Commission that such action is necessary in the

interest of the common defense and security, or upon a showing by the

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 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 nranium-235,

five hundred grams of uranium 233 and three kilograms of plutonium together with the amounts of special nuclear material which will match tn amount the sum of all quantities of special nuclear materials made

available by all other members of the Agency to July I, 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 of plutonium" to the proviso in this section. Public Law 85-177 (71 Stat. 453) (1957), section

66 7, had added the second and third sentences, including the proviso, to section 54.

P.L. 95-242, 92 Stat. 125 (1978), section 301(a) and section 303(b)(1), added subsection 54(d) and

subsection 54(e), respectively.
38 Atomic Energy Act of 1954 (P.L. 83-703)

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 the authority in this section to commit United States

funds for any activities pursuant to any subsequent arrangement under

section 13 la.(2)(E) shall be subject to the requirements of section 1316.8

42 USC 2076. Sec. 56. Guaranteed Purchase Prices

Guaranteed The Commission shall establish guaranteed purchase prices for

purchase plutonium produced in a nuclear reactor by a person licensed under

prices. 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 nondiscriminatory basis: Provided, That the Commission is authorized to

establish such guaranteed purchase prices only for such plutonium or

uranium enriched in the isotope 233 as the Commission shall determine

is produced through the use of special nuclear material which was leased

or sold by the Commission pursuant to section 53.70

42 USC 2077. See. 57. Prohibition

Unauthorized a. Unless authorized by a general or specific license issued by the

handling. 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.

"P.L. 88-489, § 10, 78 Stat. 602 (1964), amended section 55 by substituting a completely new section 55.

Before amendment, section 55 read as follows:

Sec. 55 Acquisition.-The Commission is authorized to purchase or otherwise acquire any special

nuclear material or any interest therein outside the United States without regard to the provisions of

section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action

is necessary in the interest of the common defense and security, or upon a showing by the Commission

that advertising is not reasonably practicable. Partial and advance payments may be made under contracts

6 fbr such purposes.

6

1P.L. 95-242, § 303(b)(2), 92 Stat. 131 (1978), added the proviso at the end of section 55.

7

'P.L. 91-560, § 2, 84 Stat. 1472 (1970). added "section 103 or" to this sentence. t1P.L. 88-489. § II, 78 Stat. 602 (1964), 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.
Atomic Enerav Act of 1954 (P.L. 83-703) 39

42 USC 2077.

Special nuclear

material

production.

Technology

transfers.

Authorization

requests,

procedures.

Atmi Enr At of 194(r.8-0)3

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

or participate in the development or production of any special nuclear

material 7r outside of the United States except (I) as specifically

authorized under an agreement for cooperation made pursuant to section

123, including a specific authorization in a subsequent arrangement

under section 13 1 of this Act, or (2) upon authorization by the Secretary

of Energy after a determination that such activity will not be inimical to

the interest of the United States: Provided, That any such determination

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

the Department of State and after consultation with72 the Nuclear

Regulatory Commission, the Department of Commerce, and the

Department of Defense. The Secretary of Energy shall, within ninety

days after the enactment of the Nuclear Non-Proliferation Act of 1978,

establish orderly and expeditious procedures, including provision for

necessary administrative actions and inter-agency memoranda of

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

Defense, Commerce,73 and the Nuclear Regulatory Commission for the

consideration of requests for authorization under this subsection. Such

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

handling of such requests, express deadlines for the solicitation and

collection of the views of the consulted agencies (with identified officials

responsible for meeting such deadlines), an inter-agency coordinating

authority to monitor the processing of such requests, predetermined

procedures for the expeditious handling of intra-agency and inter-agency

disagreements and appeals to higher authorities, frequent meetings of

inter-agency administrative coordinators to review the status of all

pending requests, and similar administrative mechanisms. To the extent

practicable, an applicant should be advised of all the information required

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

beginning of the process. Potentially controversial requests should be

identified as quickly as possible so that any required policy decisions or diplomatic consultations can be initiated in a timely manner. An

immediate effort should be undertaken to establish quickly any necessary

standards and criteria, including the nature of only required assurances or

evidentiary showings, for the decision required under this subsection.

The processing of any requests proposed and filed as of the date of

enactment of the Nuclear Non-Proliferation Act of 1978 shall not be

delayed pending the development and establishment of procedures to

implement the requirements of this subsection. Any trade secrets or

proprietary information submitted by any person seeking an authorization

under this subsection shall be afforded the maximum degree of protection

allowable by law: Providedfiurther, That the export of component parts as defined in subsection 1 lv.(2) or I lcc.(2), or shall be governed by

sections 109 and 126 of this Act: Providedfirther, 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

Standards

criteria.

and

Trade secrets,

protection.

42 USC 2014.

42 USC 2074.

42 USC 2094.

42 USC 7172.

"P.L. 108-458, 118 Stat. 3768 (2004), added new language. The section formerly read "in the production of

any special nuclear material." 72

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

Agency." 7 3

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

Agency."
40 Atomic Energy Act of 1954 (P.L. 83-703)

Secretary of Energy in this section, section 54d., section 64, or section

11 lb. 4

c. The Commission shall not-

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

which is not under the jurisdiction of the United States except

pursuant to the provisions of section 54; or

(2) distribute any special nuclear material or issue a license

pursuant to section 53 to any person within the United States if the

Commission finds that the distribution of such special nuclear

material or the issuance of such license would be inimical to the

common defense and security or would constitute an unreasonable

risk to the health and safety of the public.

Certain d. The Commission is authorized to establish classes of special

exemptions. nuclear material and to exempt certain classes or quantities of special

nuclear material or kinds of uses or users from the requirements for a

license set forth in this section when it makes a finding that the

exemption of such classes or quantities of special nuclear material or

such kinds of uses or users would not be inimical to the common defense

and security and would not constitute unreasonable risk to the health and

safety of the public.75

e. Special nuclear material, as defined in section 11, produced in

facilities licensed under section 103 or section 104 may not be

transferred, reprocessed, used, or otherwise made available by any

instrumentality of the United States or any other person for nuclear

explosive purposes.

76

42 USC 2078. See. 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

74

P.L. 95-242, § 302, 92 Stat. 126 (1978), amended section 57 by substituting a completely new subsection 57(b). Before amendment, subsection 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. 7

"Section 3 of P.L. 93-377, 88 Stat. 475 (1974), added new subsection d to section 57. Previously,

P.L. 88-489, § 12, 78 Stat. 602 (1964), amended section 57 by substituting a completely new section 57.

Before amendment, section 57 read as follows:

Sec. 57. Prohibition.- a. It shall be unlawful for any person to-

(I) 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--

(I) to any person for a use which is not under the jurisdiction of the United States except pursuant to

the provisions of section 54; or (2) to any person within the United States, if the Commission finds that the distribution of such

76 special nuclear material to such person would be inimical to the common defense and security. Section 14 of P.L. 97.415, 96 Stat. 2067 (1983), added new subsection e to section 57.
Atomic Energy Act of 1954 (P.L. 83-703) 41

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 7"

Chapter 7-Source Material

42 USC 2091. Sec. 61. Source Material

Source The Commission may determine from time to time that other material

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

Submittal of President must have expressly assented in writing to the determination.

determination The Commission's determination, together with the assent of the

to Joint President, shall be submitted to the Energy Committees 79 and a period of

Committee. thirty days shall elapse while Congress is in session (in computing such

thirty days, there shall be excluded the days on which either House is not

in session because of an adjournment of more than three days) before the

determination of the Commission may become effective: Provided,

however, That the Energy Committees, after having received such

determination, may by resolution in writing waive the conditions of or all

or any portion of such thirty-day period. 42 USC 2092. Sec. 62. License For Transfers Required

License for Unless authorized by a general or specific license issued by the

transfers Commission, which the Commission is authorized to issue, no person

required. may transfer or receive in interstate commerce, transfer, deliver, receive

possession of or title to, or import into or export from the United States

any source material after removal from its place of deposit in nature,

except that licenses shall not be required for quantities of source material

which, in the opinion of the Commission, are unimportant.

77

P.L. 85-79, 71 Slat. 274 (1957), added section 58. 7

"P.L. 88-489, § 13, 78 Stat. 602 (1964), amended section 58 by substituting a completely 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 Slat. 4581) (1994), section 15 (0(4) struck "Joint Committee" and substituted

Energy Committees throughout section. 79

See P.L. 95-110, § 30lb. P.L. 103-437, § 15(f)(4), 108 Stat. 4581 (1994), section struck "Joint Committee"

and substituted "Energy Committees" throughout the section.
42 Atomic Energy Act of 1954 (P.L. 83-703)

42 Usc 2093. Sec. 63. Domestic Distribution Of Source Material

Domestic a. The Commission is authorized to issue licenses for and to distribute

distribution of source material within the United States to qualified applicants

source material, requesting such material-

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

types specified in section 3 1;

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

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

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

Charges. (4) for any other use approved by the Commission as an aid to

science or industry.

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

issuance of specific or general licenses for the distribution of source

material depending upon the degree of importance to the common

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

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

distributed;

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

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

c. The Commission may make a reasonable charge determined

pursuant to subsection 161m. for the source material licensed and

distributed under subsection 63a.(l), subsection 63a.(2), *or subsection

63a.(4), and shall make a reasonable charge determined pursuant to

subsection 161 m., 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.( I), 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 LISC 2094. Sec. 64. Foreign Distribution Of Source Material

F~oreign 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. 80

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.

0

P.L. 95-242, § 301.(b), 92 Stat. 126 (1978), amended section 64 by adding the last sentence.
Atomic Energy Act of 1954 (P.L. 83-703) 43

42 USC 2096. Sec. 66. Acquisition

Acquisitions. The Commission is authorized and directed, to the extent it deems

necessary to effectuate the provisions of this Acta, to purchase, take, requisition, condemn, or otherwise acquire

supplies of source material;

b. to purchase, condemn, or otherwise acquire any interest in real

property containing deposits of source material; and

c. to purchase, condemn, or otherwise acquire rights to enter upon

any real property deemed by the Commission to have possibilities of

containing deposits of source material in order to conduct prospecting

and exploratory operations for such deposits.

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

(See 41 USC provisions of section 3709 of the Revised Statutes, as amended, upon 260(b)). certification by the Commission that such action is necessary in the

interest of the common defense and security, or upon a showing by the

Commission that advertising is not reasonably practicable. Partial and

advanced payments may be made under contracts for such purposes. The

Commission may establish guaranteed prices for all source material

delivered to it within a specified time. Just compensation shall be made

for any right, property, or interest in property taken, requisitioned, condemned, or otherwise acquired under this section.

42 USC 2097. See. 67. Operations On Lands Belonging To The United

States

Operations on The Commission is authorized, to the extent it deems necessary to

lands belonging effectuate the provisions of this Act, to issue leases or permits for

to the United prospecting for, exploration for, mining of, or removal of deposits of

States. source material in lands belonging to the United States: Provided,

however, That notwithstanding any other provisions of law, such leases

or permits may be issued for lands administered for national park,

monument, and wildlife purposes only when the President by Executive

Order declares that the requirements of the common defense and security

make such action necessary.

42 USC 2098. See. 68. Public And Acquired Lands

Public and a.81 No individual, corporation, partnership, or association, which

acquired lands. 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.

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

reservation, materials, or source material, together with the right to enter upon the

land and prospect for, mine, and remove the same, inserted pursuant to

Executive Order 9613 of September 13, 1945, Executive Order 9701 of

March 4, 1946, the Atomic Energy Act of 1946, or Executive Order 9908

of December 5, 1947, in any patent, conveyance, lease, permit, or other

"

1

Public Law 85-681, § 3, 72 Stat. 623 (1958), amended the title to section 68. Before amendment, it read as follows: "PUBLIC LANDS."
44 Atomic Energy Act of 1954 (P.L. 83-703)

authorization or instrument disposing of any interest in public or acquired

lands of the United States, is hereby released, remised, and quitclaimed

to the person or persons entitled upon the date of this Act under the grant

from the United States or successive grants to the ownership, occupancy,

or use of the land under applicable Federal or State laws: Provided,

however, That in cases where any such reservation on acquired lands of

the United States has been heretofore released, remised, or quitclaimed

subsequent to August 12, 1954, in reliance upon authority deemed to

have been contained in the Atomic Energy Act of 1946, as amended, or the Atomic Energy Act of 1954, as heretofore amended, the same shall

be valid and effective in all respects to the same extent as if public lands

and not acquired lands had been involved. The foregoing release shall be

subject to any rights which may have been granted by the United States

pursuant to any such reservation, but the releases shall be subrogated to

the rights of the United States.82

30 USC 501- c. Notwithstanding the provisions of the Atomic Energy Act of 1946,

505. as amended, and particularly section 5(b)(7) thereof,83 or the provisions

of the Act of August 12, 1953 (67 Stat. 539), and particularly section 3

thereof, any mining claim, heretofore located under the mining laws of

the United States, for or based upon a discovery of a mineral deposit

which is a source material and which, except for the possible contrary

construction of said Atomic Energy Act, would have been locatable

under such mining laws, shall, insofar as adversely affected by such

possible contrary construction, be valid and effective, in all respects to

the same extent as if said mineral deposit were a locatable mineral

deposit other than a source material.

42 USC 2099. Sec. 69. Prohibition

Prohibition. The Commission shall not license any person to transfer or deliver,

receive possession of or title to, or import into or export from the United

States any source material if, in the opinion of the Commission, the

issuance of a license to such person for such purpose would be inimical

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

public.

Chapter 8-Byproduct Material

42 tJSC 2111. Sec. 81. Domestic Distribution

Domestic a. IN GENERAL-No person may84 transfer or receive in interstate

distribution, commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this

section, section 82 or section 84 . The Commission is authorized to

1

2

P.L. 85-681, § 3, 72 Stat. 632 (1958). amended section 68 by substituting a new subsection 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.

8'See Atomic Energy Act of 1946, Appendix B, infra, § 5(b)(7). "

4

P.L. 109-58, § 651(e)(3)(A)(i), 119 Stat. 807 (2005), designated existing text as subsection (a) by inserting "4a). In general" preceding the text. 8sP.L. 95-604, § 205(b), 92 Stat. 3039 (1978), amended the first sentence of section 81. Before amendment, it

read as follows:
Atomic Energy Act of 1954 (P.L. 83-703) 45

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 applicants8 6 with or without

charge: Provided, however, That, for byproduct material tobe distributed

by the Commission for a charge, the Commission shall establish prices

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

provide reasonable compensation to the Government for such material,

(b) will not discourage the use of such material or the development of

sources of supply of such material independent of the Commission, and

(c) will encourage research and development. In distributing such

material, the Commission shall give preference to applicants proposing to

use such material either in the conduct of research and development or in

medical therapy. The Commission shall not permit the distribution of

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

of any distributed material from any licensee, who is not equipped to

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

may be established by the Commission or who uses such material in

violation of law or regulation of the Commission or in a manner other

than as disclosed in the application. therefor or approved by the

Commission. The Commission is authorized to establish classes of

byproduct material and to exempt certain classes or quantities of material

or kinds of uses or users from the requirements for a license set forth in

this section when it makes a finding that the exemption of such classes or

quantities of such material or such kinds of uses or users will not

constitute an unreasonable risk to the common defense and security and

to the health and safety of the public.

b. REQUIREMENTS-

(1) IN GENERAL-Except as provided in paragraph (2),

byproduct material, as defined in paragraphs (3) and (4) of section

I le., may only be transferred to and disposed of in a disposal facility

that-

(A) is adequate to protect public health and safety; and

(B)(i) is licensed by the Commission; or

(ii) is licensed by a State that has entered into an

agreement with the Commission under section 274b., if the

licensing requirements of the State are compatible with the

licensing requirements of the Commission.

(2) EFFECT OF SUBSECTION-Nothing in this subsection

affects the authority of any entity to dispose of byproduct material, as

defined in paragraphs (3) and (4) of section I le., at a disposal facility

inaccordance with any Federal or State solid or hazardous waste law,

including the Solid Waste Disposal Act (42 U.S.C. 6901 el seq.)

c. TREATMENT AS LOW-LEVEL RADIOACTIVE WASTEByproduct material, as defined in paragraphs (3) and (4) of section lI e.,

disposed of under this section shall not be considered to be low-level

radioactive waste for the purposes ofNo 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

86 by section 82. Section 4 of P.L. 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.
46 Atomic Energy Act of 1954 (P.L. 83-703)

(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. 2021 b

et seq.); and

(B) Approved by Congress.5 7

42 USC 2112. Sec. 82. Foreign Distribution Of Byproduct Material

Foreign a. The Commission is authorized to cooperate with any nation by

distribution of distributing byproduct material, and to distribute byproduct material,

byproduct pursuant to the terms of an agreement for cooperation to which such

material, nation is party and which is made in accordance with section 123.

b. The Commission is also authorized to distribute byproduct material

to any person outside the United States upon application therefor by such

person and demand such charge for such material as would be charged

for the material if it were distributed within the United States: Provided,

however, That the Commission shall not distribute any such material to

any person under this section if, in its opinion, such distribution would be

inimical to the common defense and security: And provided firther, 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.

42 USC 2113. Sec. 83. Ownership And Custody Of Certain Byproduct Material And Disposable Sites a. Any license issued or renewed after the effective date of this

42 usc 2014. section under section 62 or section 81 for any activity which results in

42 USC 2111. the production of any byproduct material, as defined in section I le.(2),

shall contain terms and conditions as the Commission determines to be

necessary to assure that, prior to termination of such license-

(I) the licensee will comply with decontamination,

decommissioning, and reclamation standards prescribed by the

Commission for sites (A) at which ores were processed primarily for

their source material content and (B) at which such byproduct

material is deposited, and

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

l le.(2), which resulted from such licensed activity shall be

transferred to (A) the United States or (B) in the State in which such

activity occurred if such State exercises the option under subsection

b.(l) to acquire land used for the disposal of byproduct material.

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

which is subsequently terminated without renewal shall comply with

paragraphs (I) and (2) upon termination.88

'

7P.L. 109-58, § 651(e)(3), 119 Stat. 807, 808 (2005), added new subsection b, "Requirements,, and c,

'Treatment as Low-Level Radioactive Waste."

Note: P.L. 109-58, Title VI, § 651(e)(3), 119 Stat. 808 (2005), redefined low-level radioactive waste in

section 2(9) of the Low Level Radioactive Waste Policy Amendments Act to take into account the addition of

paragraphs (3) and (4) of section I le of the Atomic Energy Act.

P.L. 96-106, § 22(c). 93 Stat. 800 (1979), amended the 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.
Atomic Enerev Act of 1954 (P.L. 83-703) 47

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

regulation or that prior to the termination of any license which is issued after the

order. 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

I le.(2), pursuant to such license shall be transferred to:

(i) the United States or-

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

of such State

unless89 the Commission determines prior to such termination that

transfer of title to such land and such byproduct material is not necessary

or desirable to protect the public health, safety, or welfare or to minimize

or eliminate danger to life or property. Such determination shall be made

in accordance with section 181 of this Act. Notwithstanding any other

provision of law or any such determination, such property and materials

shall be maintained pursuant to a license issued by the Commission

pursuant to section 81 of this Act90 in such manner as will protect the

public health, safety, and the environment.

(B) If the Commission determines by order that use of the surface

or subsurface estates, or both, of the land transferred to the United

States or to a State under sub-paragraph (A) would not endanger the

public health, safety, welfare, or environment, the Commission,

pursuant to such regulations as it may prescribe, shall permit the use

of the surface or subsurface estates, or both, of such land in a manner

consistent with the provisions of this section. If the Commission

permits such use of such land, it shall provide the person who

transferred such land with the right of first refusal with respect to

such use of such land.

(2) If transfer to the United States of title to such byproduct

material and such land is required under this section, the Secretary

of Energy or any Federal agency designated by the President

shall, following the Commission's determination of compliance

under subsection c., assume title and custody of such byproduct

material and land transferred as provided in this subsection. Such

Secretary or Federal agency shall maintain such material and land

in such manner as will protect the public health and safety and the

environment. Such custody may be transferred to another officer

or instrumentality of the United States only upon approval of the

President.

(3) If transfer to a State of title to such byproduct material is

required in accordance with this subsection, such State shall,

following the Commission's determination of compliance under

subsection d., assume title and custody of such byproduct material

and land transferred as provided in this subsection. Such State

shall maintain such material and land in such manner as will

protect the public health, safety, and the environment.

"P.L. 96-106, § 22(e)(1), 93 Stat. 800 (1979), 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 90P.L. 96-106, § 22(e)(2), 93 Stat. 800 (1979), amended section 83(b)(l)(A) by inserting "section 81 of this

Act" in lieu of"section 84b."
48 Atomic Energy Act of 1954 (P.L. 83-703)

42 USC 2092. (4) In the case of any such license under section 62, which

was in effect on the effective date of this section, the Commission

may require, before the termination of such license, such transfer

of land and interest therein (as described in paragraph (1) of this

subsection) to the United States or a State in which land is

located, at the option of such State, as may be necessary to protect

the public health, welfare, and the environment from any effects

associated with such byproduct material. In exercising the

authority of this paragraph, the Commission shall take into

consideration the status of the ownership of such land and interest

therein and the ability of the licensee to transfer title and custody

thereof to the United States or a State.

(5) The Commission may, pursuant to a license, or by rule or

order, require the Secretary or other Federal agency or State

having custody of such property and materials to undertake such

monitoring, maintenance, and emergency measures as are

necessary to protect the public health and safety and such other

actions as the Commission deems necessary to comply with the

standards promulgated pursuant to section 84 of this Act. The

Secretary or such other Federal agency is authorized to carry out

maintenance, monitoring, and emergency measures, but shall take

no other action pursuant to such license, rule or order, with

respect to such property and materials unless expressly authorized

by Congress after the date of enactment of this Act.

42 USC 2014. (6) The transfer of title to land or byproduct materials, as

defined in section I I 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

II e.(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. 9

'

"P.L. 95-604, § 202(a), 92 Stat. 3033 (1978), added section 83.
Atomic Energy Act of 1954 (P.L. 83-703) 49

42 USC 2114. 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 le.(2), is carried out in such

manner as-

(1) the Commission deems appropriate to protect the public

health and safety and the environment from radiological and nonradiological hazards associated with the processing and with the

possession and transfer of such material taking into account the risk

to the public health, safety, and the environment, with due

consideration of the economic costs and such other factors as the 92 Commission determines to be appropriate,

(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 IJSC 2112. (]) by rule, regulation, or order require persons, officers, or

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

regulation of Act to conduct monitoring, perform remedial work, and to comply

order. with such other measures as it may. deem necessary or desirable to

protect health or to minimize danger to life or property, and in

connection with the disposal or storage of such byproduct material;

and

(2) make such studies and inspections and to conduct such

monitoring as may be necessary.

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.

42 USC 2014. c. In the ease 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 II 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

'

2

P.L. 97-415, § 22, 96 Stat. 2067 (1983), added the language after "material."

"P.L. 95-604, § 205(a), 92 Stat. 3039 (1978), added section 84.
50 Atomic Energy Act of 1954 (P.L. 83-703)

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 275.94

Chapter 9-Military Application Of Atomic Energy

42 USC 2121. Sec. 91. Authority

Authority. a. The Commission is authorized to-

(]) conduct e~periments and do research and development work

in the military application of atomic energy;

(2) engage in the production of atomic weapons, or atomic

weapon parts, except that such activities shall be carried on only to

the extent that the express consent and direction of the President of

the United States has been obtained, which consent and direction

shall be obtained at least once each year;

(3) provide for safe storage, processing, transportation, and

disposal of hazardous waste (including radioactive waste) resulting

from nuclear materials production, weapons production and

surveillance programs, and naval nuclear propulsion programs;

(4) carry out research on and development of technologies needed

for the effective negotiation and verification of international

agreements on control of special nuclear materials and nuclear

weapons; and

(5) under applicable law (other than this paragraph) and consistent

with other missions of the Department of Energy, make transfers of

federally owned or originated technology to State and local

governments, private industry, and universities or nonprofit

organizations so that the prospects for commercialization of such

technology are enhanced.

b. The President from time to time may direct the Commission (1) to

deliver such quantities of special nuclear material or atomic weapons to

the Department of Defense for such use as he deems necessary in the

interest of national defense, or (2) to authorize the Department of

Defense to manufacture, produce, or acquire any atomic weapon or

utilization facility for military purposes: Provided, however, That such

authorization shall not extend to the production of special nuclear

material other than that incidental to the operation of such utilization

facilities.

c. The President may authorize the Commission or the Department of

Defense, with the assistance of the other, to cooperate with another

nation and, notwithstanding the provisions of section 57, 62, or 81, to

transfer by sale, lease, or loan to that nation, in accordance with terms

and conditions of a program approved by the President-

(I) 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;

94

P.L. 97-415, § 20, 96 Stat. 2067 (1983), added subsection "c."
Atomic Enerav Act of 1954 (P.L. 83-703) 51

Atomi EnrvAt of 194(..8-0)5

(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 fJrlher, 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 providedfitrther, That if an agreement for cooperation

arranged pursuant to this subsection provides for transfer of utilization

facilities for military applications the Commission, or the Department of

Defense with respect to cooperation it has been authorized to undertake,

may authorize any person to transfer such utilization facilities for

military applications in accordance with the terms and conditions of this 95 subsection and of the agreement for cooperation'

42 USC 2122. Sec. 92. Prohibition

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 101.96

"b. Conduct prohibited by subsection a. is within the jurisdiction of

the United States if-

"(1) the offense occurs in or affects interstate or foreign

commerce; the offense occurs outside of the United States and is

committed by a national of the United States;

"(2) the offense is committed against a national of the United

States while the national is outside the United States;

"(3) the offense is committed against any property that is owned,

leased, or used by the United States or by any department or agency

of the United States, whether the property is within or outside the

United States; or

(4) an offender aids or abets any person over whom jurisdiction

exists under this subsection in committing an offense under this

section or conspires with any person over whom jurisdiction exists

under this subsection to commit an offense under this section. 97

"

5

Public Law 83-703, Title I, Ch. 9, section 91, 68 Stat. 936. Aug. 30, 1954; Public Law 85-479, section I,

72 Stat. 276, July 2, 1958: Public Law 101-189, Div. C, Title XXXI, Part E, section 3157, 103 Stat. 1684,

Nov. 29, 1989; Public Law 102-486, Title IX, section 902(a)(8), (106 Stat. 2944). Oct. 24, 1992, renumbered

Title I. 96

P.L. 108-458, 118 Stat. 3771 (2004), added new language to section "a." 97

P.L. 108-458, 118 Stat. 3771 (2004), added new "b." section.
52 Atomic Energy Act of 1954 (P.L. 83-703)

Chapter 10-Atomic Energy Licenses

42 usc 2131. Sec. 101. License Required

License It shall be unlawful, except as provided in section 91, for any person

required. within the United States to transfer or receive in interstate commerce,

manufacture, produce, transfer, acquire, possess, use, 98 import, or export

any utilization or production facility except under and in accordance with

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

104.

42 USC 2132. See. 102. Utilization And Production Facilities For

Industrial Or Commercial Purposes a. Except as provided in subsections b. and c., or otherwise

specifically authorized by law, any license hereafter issued for a

utilization or production facility for industrial or commercial purposes

shall be issued pursuant-to section 103.

b. Any license hereafter issued for a utilization or production facility

for industrial or commercial purposes, the construction or operation of

which was licensed pursuant to subsection 104b. prior to enactment into

law of this subsection, shall be issued under subsection 104b.

c. Any license for a utilization or production facility for industrial or

commercial purposes constructed or operated under an arrangement with

the Commission entered into under the Cooperative Power Reactor

Demonstration Program shall, except as otherwise specifically required

by applicable law, be issued under subsection 1 04b.99

42 USC 2133. Sec. 103. Commercial Licenses

Commercial a. The Commission is authorized to issue licenses to persons

licenses, applying therefor to transfer or receive in interstate commerce,

manufacture, produce, transfer, acquire, possess, use'00 import, or export

under the terms of an agreement for cooperation arranged pursuant to

section 123, utilization or production facilities for industrial or commercial purposes.'O' Such licenses shall be issued in accordance

with the provisions of chapter 16 and subject to such conditions as the

Commission may by rule or regulation establish to effectuate the

purposes and provisions of this Act.

b. The Commission shall issue such licenses on a nonexclusive basis

to persons applying therefor (1) whose proposed activities will serve a

useful purpose proportionate to the quantities of special nuclear material or source material to be utilized; (2) who are equipped to observe and

who agree to observe such safety standards to protect health and to

minimize danger to life or property as the Commission may by rule

establish; and (3) who agree to make available to the Commission such

55

P.L. 84-1006, § 11, 70 Stat. 1069 (1956), added the word "use."

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

MXP.L. 84-1006, § 12, 70 Stat. 1069 (1956), added the word "use."

""P.L. 91-560, § 4, 84 Stat. 1472 (1970), 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.
Atomic Energv Act of 1954 (P.L. 83-703) 53

technical information and data concerning activities under such licenses

as the Commission may determine necessary to promote the common

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

All such information may be used by the Commission only for the

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

and safety of the public.

c. Each such license shall be issued for a specified period, as

determined by the Commission, depending on the type of activity to be

licensed, but not exceeding forty years from the authorization to

commence operations'02 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 13 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. 42 USC 2133. 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

42 USC 2237. revocation. In accordance with section 187 of this Act, the Commission

shall promptly amend each license for a utilization facility issued under

this section or section 104b. which is in effect on the date of enactment of

this subsection to include the provisions required under this

subsection. 104

42 USC 2134. Sec. 104. Medical Therapy And Research And

Development Medical a. The Commission is authorized to issue licenses to persons applying

therapy and therefore for utilization facilities for use in medical therapy. In issuing

rescarch and such licenses the Commission is directed to permit the widest amount of

development, effective medical therapy possible with the amount of special nuclear

material available for such purposes and to impose the minimum amount

of regulation consistent with its obligations under this Act to promote the

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

public.

b. As provided for in subsection 102b., or 102c., or where specifically

authorized by law, the Commission is authorized to issue licenses under

this subsection to persons applying therefor for utilization and production

"2Public Law 109-58, section 621, 119 Stat. 782, August 8, 2005, inserted "from the authorization

to commence operations" after "forty years.. ""Public Law 84-1006, section 13, 70 Stat. 1069 (1956), added the words "an alien or any" between the words "to" and "any" in the second sentence of subsection 103d. Addition of the word "any" was, of course,

unnecessary.

"'4Public Law 96-295, section 201, 94 Stat. 786 (1980) added subsection (0 without prior enactment of

subsection (e).
54 Atomic Energy Act of 1954 (P.L. 83-703)

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. 105

c. The Commission is authorized to issue licenses to persons applying

therefor for utilization and production facilities useful in the conduct of

research and development activities of the types specified in section 31

and which are not facilities of the type specified in subsection 104b. The

Commission is directed to impose only such minimum amount of

regulation of the licensee as the Commission finds will permit the

Commission to fulfill its obligations under this Act to promote the

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

public and will permit the conduct of widespread and diverse research

and development.

d. No license under this section may be given to any person for

activities which are not under or within the jurisdiction of the United

States, except for the export of production or utilization facilities under

terms of an agreement for cooperation arranged pursuant to section 123

or except under the provisions of section 109. No license may be issued

to any corporation or other entity if the Commission knows or has reason

to believe it is owned, controlled, or dominated by an alien, a foreign

corporation, or a foreign government. In any event, no license may be

issued to any person within the United States if, in the opinion of the

Commission, the issuance of a license to such person would be inimical

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

gublic.

ee. 105. Antitrust Provisions a. Nothing contained in this Act10 6 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 7 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

42 USC 2135.

Antitrust

provisions.

"'Public Law 91-560, § 5, 84 Stat. 1472 (1970), amended subsection 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 ofsuch 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. "

5

P.L. 88-489, § 14, 78 Stat. 602 (1964), deleted the phrase ", including the provisions which vest title to all

s~pecial nuclear material in the United States," which appeared after the word "Act." P.L. 107-273, Div. C, Title IV, § 14102(c)(2)(D), 116 Stat. 1921 (2002).
Atomic Enerav Act of 1954 (P.L. 83-703) 55

Government agency having jurisdiction under the laws cited above, to

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

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

.other action as it may deem necessary with respect to any license issued

by the Commission under the provisions of this Act.

b. The Commission shall report promptly to the Attorney General any

information it may have with respect to any utilization of special nuclear

material or atomic energy which appears to violate or to tend toward the

violation of any of the foregoing Acts, or to restrict free competition in

private enterprise.

c. (1) The Commission shall promptly transmit to the Attorney

General a copy of any license application provided for in paragraph (2)

of this subsection, and a copy of any written request provided for in

paragraph (3) of this subsection; and the Attorney General shall, within a

reasonable time, but in no event to exceed 180 days after receiving a

copy of such application or written request, render such advice to the

Commission as he determines to be appropriate in regard to the finding to

be made by the Commission pursuant to paragraph (5) of this subsection.

Such advice shall include an explanatory statement as to the reasons or

basis therefor.

(2) Paragraph (1) of this subsection shall apply to an application

for a license to construct or operate a utilization or production facility

under section 103: Provided, however, That paragraph (I) shall not apply

to an application for a license to operate a utilization or production

facility for which a construction permit was issued under section 103

unless the Commission determines such review is advisable on the

ground that significant changes in the licensee's activities or proposed

activities have occurred subsequent to the previous review by the

Attorney General and the Commission under this subsection in

connection with the construction permit for the facility.

(3) With respect to any Commission permit for the construction

of a utilization or production facility issued pursuant to subsection 104b.

prior to the enactment into law of this subsection, any person who

intervened or who sought by timely written notice to the Commission to

intervene in the construction permit proceeding for the facility to obtain a

determination of antitrust considerations or to advance a jurisdiction

basis for such determination shall have the right, upon a written request

to the Commission, to obtain an antitrust review under this section of the

application for an operating license. Such written request shall be made

within 25 days after the date of initial Commission publication in the

Federal Register of notice of the filing of an application for an operating

license for the facility or the date of enactment into law of this

subsection, whichever is later.

(4) Upon the request of the Attorney General, the Commission

shall furnish or cause to be furnished such information as the Attorney

General determines to be appropriate for the advice called for in

paragraph (I) of this subsection.

(5) Promptly upon receipt of the Attorney General's advice, the

Commission shall publish the advice in the Federal Register. Where the

Attorney General advises that there may be adverse antitrust aspects and

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

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

Commission on such licensing matter in connection with the subject

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

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

be provided during the proceedings in connection with such subject
56 Atomic Energy Act of 1954 (P.L. 83-703)

matter, and shall make a finding as to whether the activities under the

license would create or maintain a situation inconsistent with the antitrust

laws as specified in subsection 105a.

(6) In the event the Commission's finding under paragraph (5) is

in the affirmative, the Commission shall also consider, in determining

whether the license should be issued or continued, such other factors,

including the need for power in the affected area, as the Commission in

its judgment deems necessary to protect the public interest. On the basis

of its findings, the Commission shall have the authority to issue or

continue a license as applied for, to refuse to issue a license, to rescind a

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

deems appropriate.

(7) The Commission, with the approval of the Attorney General,

may except from any of the requirements of this subsection such classes

or types of licenses as the Commission may determine would not

significantly affect the applicant's activities under the antitrust laws as

specified in subsection 105a.

(8) With respect to any application for a construction permit on

file at the time of enactment into law of this subsection, which permit

would be for issuance under section 103, and with respect to any

application for an operating license in connection with which a written

request for an antitrust review is made as provided for in paragraph (3),

the Commission, after consultation with the Attorney General, may, upon

determination that such action is necessary in the public interest to avoid

unnecessary delay, establish by rule or order periods for Commission

notification and receipt of advice differing from those set forth above and

may issue a construction permit or operating license in advance of

consideration of and findings with respect to the matters covered in this

subsection: Provided, That any construction permit or operating license so issued shall contain such conditions as the Commission deems

appropriate to assure that any subsequent findings and orders of the

Commission with respect to such matters will be given full force and

effect. '08

(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. '

0 9

Sec. 106. Classes Of Facilities

The Commission may- a. group the facilities licensed either under section 103 or under

section 104 into classes which may include either production or

utilization facilities or both, upon the basis of the similarity of operating

and technical characteristics of the facilities;

42 USC 2136.

Classes of

facilities.

""Public Law 91-560, section 6, 84 Stat. 1472 (1970), amended subsection 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 or type of licenses, as the Commission, with the approval of the Attorney General, may

determine would not significantly affect the licensee's activities under the antitrust laws as specified in

subsection 150a. Within a reasonable time, in no event to exceed 90 days after receiving such

notification, the Attorney General shall advise the Commission whether, insofar as he can determine, the

proposed license would tend to create or maintain a situation inconsistent with the antitrust laws, and such

advice shall be published in the Federal Register. Upon the request of the Attorney General, the

Commission shall furnish or cause to be furnished such information as the Attorney General determines to

be appropriate or necessary to enable him to give the advice called for by this section. '

09

P.L. 109-58, § 625, 119 Stat. 784 (2005), subsection (C)(9), added paragraph (9).
Atomic Energv Act of 1954 (P.L. 83-703) 57

42 USC 2137.

Operators'

licenses.

42 USC 2138.

War or national

emergency.

42 USC 2139.

Domestic

activities

licenses.

issuance,

authorization.

Export licenses.

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.

ec. 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.

Sec. 108. War Or National Emergency

Whenever the Congress declares that a state of war or national

emergency exists, the Commission is authorized to suspend any licenses

granted under this Act if in its judgment such action is necessary to the

common defense and security. The Commission is authorized during such period, if the Commission finds it necessary to the common defense

and security, to order the recapture of any special nuclear material' 1° or

to order the operation of any facility licensed under section 103 or

section 104, and is authorized to order the entry into any plant or facility in order to recapture such material, or to operate such facility. Just

compensation shall be paid for any damages caused by the recapture of

any special nuclear material or by the operation of any such facility.

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 I lv.(2) or

I 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,"' the Commission is authorized and directed to determine

which component parts as defined in subsection I lv.(2) or I Icc.(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: (I) 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

""P.L. 86-373, § 2, 73 Stat. 688 (1959), amended section 108 by deleting the phrase "distributed under the

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

'P.L. 105-277, 112 Stat. 2681-774 (1998), struck "and the Director."
58 Atomic Energy Act of 1954 (P.L. 83-703)

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, 2

42 USC 2140. Sec. 110. Exclusions

Exclusions. Nothing in this subchapter shall be deemed

a. to require a license for (I) 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.

42 USC 214 1. 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

42 USC 2112. 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 (I) the Department has obtained the concurrence of the

Department of State and has consulted with'' 3 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

''2 P.L. 95-242, § 309(a), 92 Stat. 141 (1978), amended section 109 by substituting a completely 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 I Iv.(2) or I Icc.(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 I. Prior to amendment, reference was to " I t.(2)."

Amended by Public Law 89-645 (80 Stat. 891) (1966), section I. 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 " Iv.(2)." " 3

P.L. 105-277, 112 Stat. 2681-774 (1998), struck "the Arms Control and Disarmament Agency."
Atomic Enerp-v Act of 1954 (P.L. 83-703) 59

42 USC 2151.

Effect of

international

arrangements.

42 USC 2152.

Policies

contained

in international

arrangements.

42 USC 2153.

42 USC 2073,

2074, 2077,

2094, 2112,

2121, 2133,

2134, 2164.

Cooperative

agreements,

submitted to

President.

Contents.

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. 14

Chapter 1l-International Activities

Sec. 121. Effect Of International Arrangements

Any provision of this Act or any action of the Commission to the

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

international arrangements made after the date of enactment of this Act

shall be deemed to be of no force or effect.

Sec. 122. Policies Contained In International

Arrangements

In the performance of its functions under this Act, the Commission

shall give maximum effect to the policies contained in any international

arrangement made after the date of enactment of this Act.

Sec. 123. Cooperation With Other Nations

No cooperation with any nation, group of nations or regional defense

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

shall be undertaken 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 91c., a guaranty by the cooperating

party that no nuclear materials and equipment or sensitive nuclear

technology to be transferred pursuant to such agreement, and no

special nuclear material produced through the use of any nuclear

materials and equipment or sensitive nuclear technology transferred

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;

1

14

P.L. 95-242, § 301(c), 92 Stat. 125 (1978), added section I 11.
60 Atomic Energy Act of 1954 (P.L. 83-703)

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

arranged pursuant to subsection 91c. and agreements for cooperation

with nuclear-weapon states, a stipulation that the United States shall

have the right to require the return of any nuclear materials and

equipment transferred pursuant thereto and any special nuclear

material produced through the use thereof if the cooperating party

detonates a nuclear explosive device or terminates or abrogates an

agreement providing for IAEA safeguards;

42 USC 2121. (5) a guaranty by the cooperating party that any material or any

42 USC 2164. 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.,'' 5 any production or utilization facility

transferred pursuant to the agreement for cooperation or any special

nuclear material produced through the use of any such facility or

through the use of any material transferred pursuant to the agreement,

will not be transferred to unauthorized persons or beyond the

jurisdiction or control of the cooperating party without the consent of

the United States;

(6) a guaranty by the cooperating party that adequate physical

security will be maintained with respect to any nuclear material

transferred pursuant to such agreement and with respect to any

special nuclear material used in or produced through the use of any

material, production facility, or utilization facility transferred

pursuant to such agreement;

(7) except in the case of agreements for cooperation arranged

pursuant to subsection 91c., 144b., 144c., or 144d.,'16 a guaranty by

the cooperating party that no material transferred pursuant to the

agreement for cooperation and no material used in or produced

through the use of any material, production facility, or utilization

facility transferred pursuant to the agreement for cooperation will be

reprocessed, enriched or (in the case of plutonium, uranium 233, or

uranium enriched to greater than twenty percent in the isotope 235, or

other nuclear materials which have been irradiated) otherwise altered

in form or content without the prior approval of the United States;

(8) except in the case of agreements for cooperation arranged

pursuant to subsection 91c., 144b., 144c., or 144d.,11 7 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.," 8 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

'"As amended by P.L. 103-337, 108 Stat. 2663 (1994). 1 6

As amended by P.L. 103-337, 108 Stat. 2663 (1994). 1

7

As amended by P.L. 103-337, 108 Stat. 2663 (1994). "'As amended by P.L. 103-337, 108 Stat. 2663 (1994).
Atomic Energy Act of 1954 (P.L. 83-703) 61

for cooperation will be subject to all the requirements specified in this

subsection.

42 USC 2121. The President may exempt a proposed agreement for cooperation

42 USC 2164. (except an agreement arranged pursuant to subsection 91c., 144b.,

Agreement 144c., or 144d.'' 9 ) from any of the requirements of the foregoing

requirements sentence if he determines that inclusion of any such requirement

Presidential would be seriously prejudicial to the achievement of United States

exemptions. non-proliferation objectives or otherwise jeopardize the common

Nuclear defense and security. Except in the case of those agreements for

Proliferation cooperation arranged pursuant to subsection 91c., 144b., 144c., or

Assessment 144d.12 ° any proposed agreement for cooperation shall be negotiated

Statement, by the Secretary of State, with the technical assistance and

submitted to concurrence of the Secretary of Energy and12

' after consultation with

President. the Commission shall be submitted to the President jointly by the

Proposed Secretary of State and the Secretary of Energy accompanied by the

cooperation views and recommendations of the Secretary of State, the Secretary

agreements of Energy and the Nuclear Regulatory Commission. Each Nuclear

submittal to Proliferation Assessment Statement prepared pursuant to this Act

President. shall be accompanied by a classified annex, prepared in consultation

with the Director of Central Intelligence, summarizing relevant

classified information. The Secretary of State shall also provide to the

president an unclassified Nuclear Proliferation Assessment Statement

(A) which shall analyze the consistency of the text of the proposed

agreement for cooperation with all the requirements of this Act, with

specific attention to whether the proposed agreement is consistent

with each of the criteria set forth in this subsection, and (B)1 22

regarding the adequacy of the safeguards and other control

mechanisms and the peaceful use assurances contained in the

agreement for cooperation to ensure that any assistance furnished

thereunder will not be used to further any military or nuclear

explosive purpose. In the case of those agreements for cooperation

arranged pursuant to subsection 91c., 144b., 144c., or 144d.,123 any

proposed agreement for cooperation shall be submitted to the

President by the Secretary of Energy or, in the case of those

agreements for cooperation arranged pursuant to subsection 91c., or

144b., which are to be implemented by the Department of Defense,

by the Secretary of Defense;

b. the President has submitted text of the proposed agreement for

cooperation, except an agreement arranged pursuant to section 91c.,

144b., 144c., or 144d. of section 144,12" 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 proposed agreement with all the

requirements of this Act, and' 25 the President has approved and

"

9

As amended by P.L. 103-337, 108 Stat. 3092 (1994). 12')As amended by P.L. 103-337, 108 Stat. 3092 (1994).

121 P.L. 105-277, 112 Stat. 2681-774 (1998), struck "and in consultation with the Director of the Arms Control

and Disarmament Agency ("the Director")." 22

As amended by P.L. 99-64, § 301(a)(1). '

23

As amended by P.L. 103-337, 108 Stat. 3092 (1994). 1

24

As amended by P.L. 103-337. 108 Stat. 32092 (1994). 12'As amended by P.L. 99-64, § 301(a)(2).
62 Atomic Energy Act of 1954 (P.L. 83-703)

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; Subnittal to c. the proposed agreement for cooperation (if not an agreement

congressional subject to subsection d.), together with the approval and determination of

committees. the President, has been submitted to the Committee on Foreign Affairs12 6

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

42 USC 2073. d. the proposed agreement for cooperation (if arranged pursuant to

42 USC 2074. subsection 91c., 144b., .144c., or 144d., or if entailing implementation of

42 USC 2133. sections 53, 54a., 103, or 104 in relation to a reactor that may be capable

42 USC 2134. of producing more than five thermal megawatts or special nuclear

material for use in connection therewith) has been submitted to the

Congress, together with the approval and determination of the President,

for a period of sixty days of continuous session (as defined in subsection

130g. of this Act) and referred to the Committee on Foreign Affairs of

the House of Representatives and the Committee on Foreign Relations of

the Senate, and in addition, in the case of a proposed agreement for

cooperation arranged pursuant to subsection 91c., 144b., 144c., or

144d., the Committee on Armed Services of the House of

Representatives and the Committee on Armed Services of the Senate, but

such proposed agreement for cooperation shall not become effective if

during such sixty-day period the Congress adopts, and there is enacted, a

joint resolution 7 stating in substance that the Congress does not favor

the proposed agreement for cooperation: Provided, That the sixty-day

period shall not begin until a Nuclear Proliferation Assessment Statement

prepared by the Secretary of State, and any annexes thereto,128 when

required by subsection 123a., have been submitted to the Congress: Provided further, That an agreement for cooperation exempted by the

President pursuant to subsection a. from any requirement contained in

that subsection, or an agreement exempted pursuant to section 104(a)(l)

of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006,129 shall not become effective unless the

Congress adopts, and there is enacted a joint resolution stating that the

Congress does favor such agreement.'ýo 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.' 3' Any such proposed agreement for cooperation shall be

126 P.L. 103-437, § 15(f)(5), 108 Stat. 4581 (1994), struck "International Relations" and substituted "Foreign

Affairs" throughout the section. '

27

As amended by P.L. 99-64, § 301(a)(l). 2

RP.L. 105-277, 112 Stat. 774 (1998), struck "Nuclear Proliferation Assessment Statement prepared by the

Director of the Arms Control and Disarmament Agency." 1

2

1P.L. 109-401, 120 Stat. 2734 (2006), amended the section to include the exemption clause from the Henry J.

HyAde United States-India Peaceful Atomic Energy Cooperation Act of 2006.

As amended by P.L. 99-64, § 301(b)(2).

"'As amended by P.L. 99-64, § 301(a)(3).
Atomic Enerav Act of 1954 (P.L. 83-703) 63

42 USC 2121.

42 USC 2164.

Agency views to

Congressional

Committees.

considered pursuant to the procedures set forth in section 130i. of this

Act, 132

Following submission of a proposed agreement for cooperation

(except an agreement for cooperation arranged pursuant to subsection

91c., 144b., 144c., or 144d.) to the Committee on Foreign Affairs of the

House of Representatives and the Committee on Foreign Relations of the

Senate, the Nuclear Regulatory Commission, the Department of State,

the Department of Energy, and the Department of Defense shall, upon the

request of either of those committees, promptly furnish to those

committees their views as to whether the safeguards and other controls

contained therein provide an adequate framework to ensure that any

export as contemplated by such agreement will not be inimical to or

constitute an unreasonable risk to the common defense and security.

If, after the date of enactment of the Nuclear Non-Proliferation Act of

1978, the Congress fails to disapprove a proposed agreement for

cooperation which exempts the recipient nation from the requirement set

forth in subsection 123a.(2), such failure to act shall constitute a failure

to adopt a resolution of disapproval pursuant to subsection 128b.(3) for

purposes of the Commission's consideration of applications and requests

under section 126a.(2) and there shall be no congressional review

pursuant to section 128 of any subsequent license or authorization with

respect to that state until the first such license or authorization which is

issued after twelve months from the elapse of the sixty-day period in

which the agreement for cooperation in question is reviewed by the

Congress. 33

'2As amended by P.L. 99-64, § 301(b)(3).

'3Public Law 95-242, § 401, 92 Stat. 142 (1978), amended section 123 by substituting a completely new

section 123. Before amendment, section 123 read as follows:

Sec 123. Cooperation With Other Nations-No cooperation with any nation or regional defense

organization pursuant to sections 53, 54a, 57, 64, 82, 91, 103, 104, or 144 shall be undertaken until- a. the Commission or, in the case of those agreements for cooperation arranged pursuant to

subsection 91c. or 144b. which arc to be implemented by the Department of Defense, the Department of

Defense has submitted to the President the proposed agreement for cooperation, together with its

recommendations thereon, which proposed agreement shall include (I) the terms, conditions, duration,

nature, and scope of the cooperation; (2) a guaranty by the cooperating party that security safeguards and

standards as set forth in the agreement for cooperation will be maintained; (3) except in the case of those

agreements for cooperation arranged pursuant to subsection 91 c., 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
President.

42 USC 2154.

International

atomic pool.

42 USC 2153

note.

Cooperation

with Berlin.

64 Atomic Energy Act of 1954 (P.L. 83-703)

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).' 34

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,'35 57, 64,

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 read as follows:

d. the proposed agreement for cooperation, together with the approval and determination of the

President, ifarranged pursuant to subsection 91c., 144b., or 144c., has been submitted to the

Congress and referred to the Joint Committee and a period of sixty days has elapsed while

Congress is in session, but any such proposed agreement for cooperation shall not become

effective if during such sixty-day period the Congress passes a concurrent resolution stating

in substance that it does not favor the proposed agreement for cooperation: Provided,

however, That during the Eighty-fifth Congress such period shall be thirty days (in

computing such sixty days, 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).

'Public Law 85-479 (72 Stat. 276) (1958), section 4 added new subsec. 123d.

4 P.L. 110-369, 122 Stat. 4028 (2008), added subsection e. '"Section 5 of P.L. 93-377, 88 Stat. 475 (1974), amended sections 124 and 125 by substituting the term "54a"

for the term "54."
Atomic Energy Act of 1954 (P.L. 83-703) 65

82, 103, or 104; Provided, That the guaranties required by section 123

shall be made by Berlin with the approval of the allied commandants.' 36

42 usc 2155. Sec. 126. Export Licensing Procedures a. No license may be issued by the Nuclear Regulatory Commission

42 USC 2112. (the "Commission") for the export of any production or utilization

Executive facility, or any source material or special nuclear material, including

branch distributions of any material by the Department of Energy under section

judgment 54, 64, or 82, for which a license is required or requested, no exemption

notice to from any requirement for such an export license may be granted by the

commission. Commission, as the case may be, untilExemption. (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

Contents. security because it lacks significance for nuclear explosive purposes.

Procedure, 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,'7, and the Nuclear

Regulatory Commission for the preparation of the executive branch

judgment on export applications under this section. Such procedures

shall include, at a minimum, explicit direction on the handling of such

applications, express deadlines for the solicitation and collection of

the views of the consulted agencies (with identified officials

responsible for meeting such deadlines), an inter-agency coordinating

authority to monitor the processing of such applications,

predetermined procedures for the expeditious handling of intraagency 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

Standards and manner. An immediate effort should be undertaken to establish

criteria, 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

suchadditional time. The Secretary shall notify the Committee on

Foreign Relations of the Senate and the Committee on Foreign

"'P.L. 85-14, 71 Stat. H (1957), added section 125. '

37

P.L. 105-277, 112 Stat. 774 (1998), struck "the Director of the Arms Control and Disarmament Agency."
Notice to

congressional

committees.

Data and

recommendations.

Data and

recommendations.

42 USC 2154.

Findings.

Findings.

Extension.

notice

to Congress.

66 Atomic Energy Act of 1954 (P.L. 83-703)

Affairs'138 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.

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 Non-Proliferation act of 1978; however, nothing in this

subsection shall be deemed to relinquish any rights which the United

States may have under agreements for cooperation in force on the

date of enactment of this section: Provided firther, 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

"'P.L. 103-437, § 15(f)(5), 108 Stat. 4581 (1994), struck "International Relations" and substituted "Foreign

Affairs" throughout the section.
Atomic Enerev Act of 1954 (P.L. 83-703) 67

Findings.

Judicial review,

Exception.

Presidential

review.

Report to

Congress and

congressional

Committee.

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

firther, That nothing contained in this section is intended to require

the Commission independently to conduct or prohibit the Commission

from independently conducting country or site specific visitations in

the Commission's consideration of the application of IAEA

safeguards.

b. (1) Timely consideration shall be given by the Commission to

requests for export license and exemptions and such requests shall be

granted upon a determination that all applicable statutory

requirements have been met.

(2) If, after receiving the executive branch judgment that the

issuance of a proposed export license will not be inimical to the

common defense and security, the Commission does not issue the

proposed license on a timely basis because it is unable to make the

statutory determinations required under this Act, the Commission

shall publicly issue its decision to that effect, and shall submit the

license application to the President. The Commission's decision shall

include an explanation of the basis for the decision and any dissenting

or separate views. If, after receiving the proposed license application

and reviewing the Commission's decision, the President determines

that withholding the proposed export would be seriously prejudicial to

the achievement of United States non-proliferation objectives, or

would otherwise jeopardize the common defense and security, the

proposed export may be authorized by Executive order: Provided,

That prior to any such export, the President shall submit the Executive

order, together with his explanation of why, in light of the

Commission's decision, the export should nonetheless be made, to the

Congress for a period of sixty days of continuous session (as defined

in subsection 130g.) and shall be referred to the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate, but any such proposed export

shall not occur if during such sixty-day period the Congress adopt a

concurrent resolution stating in substance that it does not favor the
68 Atomic Energy Act of 1954 (P.L. 83-703)

proposed export. Any such Executive order shall be considered

pursuant to the procedures set forth in section 130 of this Act for the

Review. consideration of Presidential submissions. And provided further, That

the procedures established pursuant to subsection (b) of section 304 of

the Nuclear Non-Proliferation Act of 1978 shall provide that the

Commission shall immediately initiate review of any application for a

license under this section and to the maximum extent feasible shall

expeditiously process the application concurrently with the executive

branch review while awaiting the final executive branch judgment. In

Concerns and initiating its review the Commission may identify a set of concerns request, and requests for information associated with the projected issuance of

transmittal to such license and shall transmit such concerns and requests to the

executive executive branch which shall address such concerns and requests in

branch, its written communications with the Commission. Such procedures

shall also provide that if the Commission has not completed action on

the application within sixty days after the receipt of an executive

branch judgment that the proposed export or exemption is not

inimical to the common defense and security or that any export in the

category to which the proposed export belongs would not be inimical

to the common defense and security because it lacks significance for

nuclear explosive purposes, the Commission shall inform the

applicant in writing of the reason for delay and provide follow-up

reports as appropriate. If the Commission has not completed action by

the end of an additional sixty days (a total of one hundred and twenty

days from receipt of the executive branch judgment), the President

may authorize the proposed export by Executive order, upon a finding

that further delay would be excessive and upon making the findings

required for such Presidential authorizations under this subsection,

and subject to the Congressional review procedures set forth herein.

However, if the Commission has commenced procedures for public

participation regarding the proposed export under regulations

promulgated pursuant to subsection (b) of section 304 of the Nuclear

Non-Proliferation Act of 1978, or-within sixty days after receipt of

the executive branch judgment on the proposed export-the

Commission has identified and transmitted to the executive branch a set of additional concerns or requests for information, the President

may not authorize the proposed export until sixty days after public

proceedings are completed or sixty days after a full executive branch

response to the Commission's additional concerns or requests has

been made consistent with subsection a.(1) of this section: Provided

further, That nothing in this section shall affect the right of the

Commission to obtain data and recommendations from the Secretary

of State at any time as provided in subsection a.(]) of this section.

c. In the event that the House of Representatives or the Senate passes Referral to a joint resolution which would adopt one or more additional export

congressional criteria, or would modify any existing export criteria under this Act, any

committees. 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.' 39

'

39

P.L. 95-242, § 304(a), 92 Stal. 131 (1978), added section 126.
Atomic Energy Act of 1954 (P.L. 83-703) 69

42 USC 2156. 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 approval of the United States is obtained for such re-transfer. In

addition to other requirements of law, the United States may approve

such retransfer only if the nation or group of nations designated to

receive such retransfer agrees that it shall be subject to the conditions

required by this section.

(5) No such material proposed to be exported and no special nuclear material produced through the use of such material will be

reprocessed, and no irradiated fuel elements containing such material

removed from a reactor shall be altered in form or content, unless the

prior approval of the United states is obtained for such reprocessing

or alteration.

(6) No such sensitive nuclear technology shall be exported unless

the foregoing conditions shall be applied to any nuclear material or equipment which is produced or constructed under the jurisdiction of

the recipient nation or group of nations by or through the use of any

exported sensitive nuclear technology. 140

42 USC 2157. See. 128. Additional Export Criterion And Procedures a. (I) 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.

"

4

'P.L. 95-242, § 305, 92 Stat. 136 (1978), added section 127.
70 Atomic Energy Act of 1954 (P.L. 83-703)

(2) The President shall seek to achieve adherence to the foregoing

criterion by recipient non-nuclear weapon states.

Export b. The criterion set forth in subsection a. shall be applied as an export

applications, criterion with respect to any application for the export of materials,

criterion facilities, or technology specified in subsection a. which is filed after

enforcement. 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'14 of the House of

Representatives and the Committee on Foreign Relations of the

Senate, but such export shall not occur if during such sixty-day period

the Congress adopts a concurrent resolution stating in substance that

the Congress does not favor the proposed export. Any such license or

authorization shall be considered pursuant to the procedures set forth

in section 130 of this Act for the consideration of Presidential

submissions.

Congressional (2) If the Congress adopts a resolution of disapproval pursuant to

disapproval, paragraph (1), no further export of materials, facilities, or technology

resolution, 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 (I), does

not adopt a concurrent resolution stating in substance that it disagrees

with the President's determination.

Export (3) If the Congress does not adopt a resolution of disapproval with

authorizations, respect to a license or authorization submitted pursuant to paragraph

congressional (I), the criterion set forth in subsection a. shall not be applied as an

review, 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

1

41

P.L. 103-437, § 15(f)(5), 108 Stat. 4581 (1994), struck "lntemational Relations" and substituted "Foreign

Affairs" throughout the section.
Atomic Enerp-v Act of 1954 (P.L. 83-703) 71

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): Providedfitrther, That if

the Congress adopts a resolution of disapproval during any review

period provided for by this paragraph, the provisions of paragraph (2)

shall a pply with respect to further exports to such state. 42

42 USC 2158. Sec. 129. Conduct Resulting In Termination Of Nuclear

Exports

Export a. No nuclear materials and equipment or sensitive nuclear

terminations, technology shall be exported to-" 3

criterion. (1) any non-nuclear-weapon state that is found by the President to

have, at any time after the effective date of this section,

(A) detonated a nuclear explosive device; or

(B) terminated or abrogated IAEA safeguards; or

(C) materially violated an IAEA safeguards agreement; or

(D) engaged in activities involving source or special nuclear

material and having direct significance for the manufacture or

acquisition of nuclear explosive devices, and has failed to take

steps which, in the President's judgment, represent sufficient

progress toward terminating such activities; or

(2) any nation or group of nations that is found by the President

to have, at any time after the effective date of this section,

(A) materially violated an agreement for cooperation with the

United States, or, with respect to material or equipment not

supplied under an agreement for cooperation, materially violated

the terms under which such material or equipment was supplied or

the terms of any commitments obtained with respect thereto

pursuant to section 402(a) of the Nuclear Non-Proliferation Act of

1978; or

(B) assisted, encouraged, or induced any non-nuclear-weapon

state to engage in activities involving source or special nuclear

material and having direct significance for the manufacture or

acquisition of nuclear explosive devices, and has failed to take

steps which, in the President's judgment, represent sufficient

progress toward terminating such assistance, encouragement, or

inducement; or

(C) entered into an agreement after the date of enactment of

this section for the transfer of reprocessing equipment, materials,

or technology to the sovereign control of a non-nuclear-weapon

state except in connection with an international fuel cycle

evaluation in which the United States is a participant or pursuant

to a subsequent international agreement or understanding to which

the United States subscribes;

unless the President determines that cessation of such exports would be

seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and

Report to security: Provided, That prior to the effective date of any such

Congress. determination, the President's determination, together with a report

containing the reasons for his determination, shall be submitted to the

4

'P.L. 95-242, § 306, 92 Stat. 137, added section 128.

"

4

'P.L. 109-58, § 632(a)(I), 119 Stat. 788 (2005), designated the matter preceding paragraph (1) as

subsection (a) by inserting "a." preceding "No nuclear materials and equipment."
72 Atomic Energy Act of 1954 (P.L. 83-703)

Congress and referred to the Committee on Foreign Affairs144 of the

House of Representatives and the Committee on Foreign Relations of the

Senate for a period of sixty days of continuous session (as defined in

subsection 130g. of this act), but any such determination shall not

become effective if during such sixty-day period the Congress adopts,

and there is enacted, a joint resolution 14 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. ' 46

b.(l) Notwithstanding any other provision of law, including

specifically section 121 of this Act, and except as provided in paragraphs (2) and (3), no nuclear materials and equipment or sensitive

nuclear technology, including items and assistance authorized by section

57b. of this Act and regulated under part 810 of title 10, Code of Federal

Regulations, and nuclear-related items on the Commerce Control List

maintained under part 774 of title 15 of the Code of Federal Regulations,

shall be exported or reexported, or transferred or retransferred whether

directly or indirectly, and no Federal agency shall issue any license,

approval, or authorization for the export or reexport, or transfer, or

retransfer, whether directly or indirectly, of these items or assistance (as

defined in this paragraph) to any country whose government has been

identified by the Secretary of State as engaged in state sponsorship of

terrorist activities (specifically including any country the government of

which has been determined by the Secretary of State under section

620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),

section 60)(1) of the Export Administration Act of 1979 (50 U.S.C. App.

2405(j)(1), or section 40(d) of the Arms Export Control Act (22 U.S.C.

2780(d)) to have repeatedly provided support for acts of international

terrorism).

(2) This subsection shall not apply to exports, reexports,

transfers, or retransfers of radiation monitoring technologies,

surveillance equipment, seals, cameras, tamper-indication devices,

nuclear detectors, monitoring systems, or equipment necessary to

safely store, transport, or remove hazardous materials, whether such

items, services, or information are regulated by the Department of

Energy, the Department of Commerce, or the Commission, except to

the extent that such technologies, equipment, seals, cameras, devices,

detectors, or systems are available for use in the design or

construction of nuclear reactors or nuclear weapons.

(3) The President may waive the application of paragraph (1) to a

country if the President determines and certifies to Congress that the

waiver will not result in any increased risk that the country receiving

the waiver will acquire nuclear weapons, nuclear reactors, or any

materials or components of nuclear weapons and-

(A) the government of such country has not within the

preceding 12-month period willfully aided or abetted the

international proliferation of nuclear explosive devices to

individuals or groups or willfully aided and abetted an individual

or groups in acquiring unsafeguarded nuclear materials;

'

4P.L. 103-437, § 15(f)(5), 108 Stat. 4581 (1994), struck "International Relations" and substituted "Foreign Affairs" throughout the section,

"'P.L. 110-369, § 203, 122 Stat. 4028 (2008), struck out "Congress adopts a concurrent resolution" and

inserted "Congress adopts, and there is enacted, ajoint resolution." 1

46

P.L. 95-242, § 307, 92 Stat. 138 (1978), added section 129.
73

Atomic Energv Act of 1954 (P.L. 83-703)t7

(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

42 USC 2158 TRANSFER BUT NOT TRANSFERRED Subsection b. of section 129

note. 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. ) 47

42 USC 2159. 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

42 USC 2121. President required by subsection.4

. 126a.(2), 126b.(2), 128b., 129,

42 USC 2164. 131a.(3), or 13 f.(1)(A) of this Act, the Committee on Foreign Relations

Congressional of the Senate and the Committee on Foreign Affairs of the House of

committee Representatives' 4 9 shall each submit a report to its respective House on

reports. its views and recommendations respecting such Presidential submission

together with a resolution, as defined in subsection f., stating in substance

that the Congress approves or disapproves such submission, as the case

may be: Provided, That if any such committee has not reported such a

resolution at the end of such forty-five day period, such committee shall

be deemed to be discharged from further consideration of such

submission.150 If no such resolution has been reported at the end of such

period, the first resolution, as defined in subsection f., which is

introduced within five days thereafter within such House shall be placed

on the appropriate calendar of such House.

b. When the relevant committee or committees have reported such a

resolution (or have been discharged from further consideration of such a

resolution pursuant to subsection a.) or when a resolution has been

introduced and placed on the appropriate calendar pursuant to subsection

a., as the case may be, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any

Member of the respective House to move to proceed to the consideration

of the resolution. The motion is highly privileged and is not debatable.

The motion shall not be subject to amendment, or to a motion to

postpone, or to a motion to proceed to the consideration of other

business. A motion to reconsider the vote by which the motion is agreed

to or disagreed to shall not be in order. If a motion to proceed to the

consideration of the resolution is agreed to, the resolution shall remain

the unfinished business of the respective House until disposed of.

c. Debate on the resolution, and on all debatable motions and appeals

in connection therewith, shall be limited to not more than ten hours,

which shall be divided equally between individuals favoring and

individuals opposing the resolution. A motion further to limit debate is in

order and not debatable. An amendment to a motion to postpone, or a

1

47

P.L. 109-58, § 632(a)(I), 119 Stat. 789 (2005), added subsection (b).

"

4 P.L. 99-64, § 301(c)(t)(A)(i).

"'P. L. 99-64, § 30 1 (c)( t )(A)(ii).

"'P.L. 99-64, § 301(c)(I)(B).
74 Atomic Energy Act of 1954 (P.L. 83-703)

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. (I) 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

(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."5'

'

51

P.L. 95-242. § 308, 92 Stat. 138 (1978), added section 130.
Atomic Energy Act of 1954 (P.L. 83-703) 75

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

(B) for a determination under section 129 of this Act, a joint

resolution, the matter after the resolving clause of which is as

follows: "That the Congress does not favor the determination

transmitted to the Congress by the President on .",

or

(C) for a subsequent arrangement under section 201 of the

United States-India Nuclear Cooperation Approval and

Nonproliferation Enhancement Act, a joint resolution, the

matter after the resolving clause of which is as follows: "That

the Congress does not favor the subsequent arrangement to the

Agreement for Cooperation Between the Government of the

United States of America and the Government of India

Concerning Peaceful Uses of Nuclear Energy that was

transmitted to Congress by the President on September 10,

2008.", with the date' 52 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,' 53 for himself and the

ranking minority member of the Committee, or by Members of the

House designated by the chairman and ranking minority member; and

shall be introduced (by request) in the Senate by the majority leader

of the Senate, for himself and the minority leader of the Senate, or by

Members of the Senate designated by the majority leader and

minority leader of the Senate. If either House is not in session on the

day on which such an agreement for cooperation is submitted, the

joint resolution shall be introduced in that House, as provided in the

preceding sentence, on the first day thereafter on which that House is

in session.

(3) All joint resolutions introduced in the House of

Representatives shall be referred to the appropriate committee or

committees, and all joint resolutions introduced in the Senate shall be

referred to the Committee on Foreign Relations and in addition, in the

case of a proposed agreement for cooperation arranged pursuant to

section 91c., 144b., or 144c., the Committee on Armed Services.

.. 2P.L. 110-369, section 205(t), 122 Stat. 4028 (2008), struck out "means a joint resolution, the matter after the

resolving clause of which is as follows: That the Congress (does or does not) favor the proposed agreement for

cooperation transmitted to the Congress by the President on ___ with the date" and inserted subsections A,

B and C. ,,3P.L.103-437, section 15(0(5). 108 Stat. 4581 (1994). struck "International Relations" and substituted

"Foreign Affairs" throughout the section.
76 Atomic Energy Act of 1954 (P.L. 83-703)

(4) If the committee of either House to which a joint resolution

has been referred has not reported it at the end of 45 days after its

introduction (or in the case of a joint resolution related to a

subsequent arrangement under section 201 of the United States-India

Nuclear Cooperation Approval and Nonproliferation Enhancement

Act, 15 days after its introduction),154 the committee shall be

discharged from further consideration of the joint resolution or of any

other joint resolution introduced with respect to the same matter:

except that, in the case of a joint resolution which has been referred to

more than one committee, if before the end of that 45-day period (or

in the case of a joint resolution related to a subsequent arrangement

under section 201 of the United States-India Nuclear Cooperation

Approval and Nonproliferation Enhancement Act, 15-day period)"'

one such committee has reported the joint resolution, any committee

to which the joint resolution was referred shall be discharged from

further consideration of the joint resolution or of any other joint

resolution introduced with respect to the same matter.

(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 (I), if

prior to the passage by one House of a joint resolution of that House,

that House receives a joint resolution with respect to the same matter

from the other House, then-

(A) the procedure in that House shall be the same as if no

joint resolution had been received from the other House; but

(B) the vote on final passage shall be on the joint resolution of

the other House.

42 USC 2160. Sec. 131. Subsequent Arrangements

a.(i) Prior to entering into any proposed subsequent arrangement

under an agreement for cooperation (other than an agreement for

42 USC 2121. cooperation arranged pursuant to subsection 91c., 144b., or 144c. of

42 USC 2164. this Act), the Secretary of Energy shall obtain the concurrence of the

Consultation. Secretary of State and shall consult with the Commission, and the

Secretary of Defense: Provided, That the Secretary of State shall

have the leading role in any negotiations of a policy nature pertaining

to any proposed subsequent arrangement regarding arrangements for

the storage or disposition of irradiated fuel elements or approvals for

the transfer, for which prior approval is required under an agreement

for cooperation, by a recipient of source or special nuclear material,

production or utilization facilities, or nuclear technology. Notice of

any proposed subsequent arrangement shall be published in the

"' P.L. 110-369, § 205(2)(A), 122 Stat. 4028 (2008), inserted parenthetical information. .P.L. H10-369, § 205(2)(A), 122 Stat. 4028 (2008), inserted parenthetical information.
Atomic Energv Act of 1954 (P.L. 83-703) 77

Notice Federal Register, together with the written determination, of the

publication Secretary of Energy that such arrangement will not be inimical to the

in the Federal common defense and security, and such proposed subsequent

Register. arrangement shall not take effect before fifteen days after publication.

Whenever the Secretary of State is required156 to prepare a Nuclear

Proliferation Assessment Statement pursuant to paragraph (2) of this

subsection, notice of the proposed subsequent arrangement which is

the subject of the requirement to prepare a Nuclear Proliferation

Assessment Statement' shall not be published until after the receipt

by the Secretary of Energy of such Statement or the expiration of the

time authorized by subsection c. for the preparation of such

Statement, whichever occurs first.

Nuclear (2) If in the view of the Secretary of State, Secretary of Energy,

Proliferation Secretary of Defense, or the Commission, a proposed subsequent

Assessment arrangement might significantly contribute to proliferation, the

Statement. Secretary of State, in consultation with such Secretary or the

Commission shall prepare an unclassified Nuclear Proliferation

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

arrangements. this section, the term "subsequent arrangements" means arrangements

entered into by any agency or department of the United States

Government with respect to cooperation with any nation or group of

nations (but not purely private or domestic arrangements) 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 II lb., section 126, or section

109b.;

(D) arrangements for physical security;

(E) arrangements for the storage or disposition of irradiated

fuel elements;

(F) arrangements for the application of safeguards with respect

to nuclear materials and equipment; or

(G) any other arrangement which the President finds to be

important from the standpoint of preventing proliferation.

(3) The United States will give timely consideration to all requests

for prior approval, when required by this Act, for the reprocessing of

material proposed to be exported, previously exported and subject to

the applicable agreement for cooperation, or special nuclear material

produced through the use of such material or a production or

utilization facility transferred pursuant to 'such agreement for

cooperation, or to the altering of irradiated fuel elements containing

56

P.L. 105-277, 112 Stat. 2681-774 (1998), struck "the Director declares that he intends." 1

7

P.L. 105-277, 112 Stat. 2681-774 (1998), struck "the Director's declaration."
78 Atomic Energy Act of 1954 (P.L. 83-703)

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 (1) 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'18 of the House of

Representatives and the Committee on Foreign Relations of the

Senate with a report containing his reasons for entering into such

arrangement and a period of 15 days of continuous session (as

defined in subsection 130g. of this Act) has elapsed: Provided,

however, That if in the view of the President an emergency exists due

to unforeseen circumstances requiring immediate entry into a

subsequent arrangement, such period shall consist of fifteen calendar

days;

(2) the Secretary of Energy may not enter into any subsequent

arrangement for the reprocessing of any such material in a facility

which has not processed power reactor fuel assemblies or been the

subject of a subsequent arrangement therefor prior to the date of

enactment of the Nuclear Non-Proliferation Act of 1978 or for

subsequent retransfer to a non-nuclear-weapon state of any plutonium

in quantities greater than 500 grams resulting from such reprocessing,

unless in his judgment, and that of the Secretary of State, such

reprocessing or retransfer will not result in a significant increase of

the risk of proliferation beyond that which exists at the time that

approval is requested. Among all the factors in making this judgment,

foremost consideration will be given to whether or not the

reprocessing or retransfer will take place under conditions that will

ensure timely warning to the United States of any diversion well in

advance of the time at which the non-nuclear-weapon state could

transform the diverted material into a nuclear explosive device; and

(3) the Secretary of Energy shall attempt to ensure, in entering

into any subsequent arrangement for the reprocessing of any such

material in any facility that has processed power reactor fuel

assemblies or been the subject of a subsequent arrangement therefor

prior to the date of enactment of the Nuclear Non-Proliferation Act of

"'P.L. 103-437, § 15(f)(6)(A), 108 Stat. 4581 (1994), struck "International Relations" and substituted "Foreign

Affairs" throughout the section.
Atomic Enerav Act of 1954 (P.L. 83-703) 79

Nuclear

materials,

reprocessing or

transfer

procedures.

Controversial

requests.

identification.

Standards and

criteria.

Nuclear

Proliferation

Assessment

Statement.

Notice to

congressional

committees.

Presidential

waiver.

1978, or for the subsequent retransfer to any non-nuclear-weapon

state of any plutonium in quantities greater than 500 grams resulting

from such reprocessing, that such reprocessing or retransfer shall take

place under conditions comparable to those which in his view, and

that of the Secretary of State, satisfy the standards set forth in

paragraph (2).

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

enactment of this section, establish orderly and expeditious procedures,

including provision for necessary administrative actions and inter-agency

memoranda of understanding, which are mutually agreeable to the

Secretaries of State, Defense, and Commerce, and the Nuclear

Regulatory Commission for the consideration of requests for subsequent

arrangements under this section. Such procedures shall include, at a

minimum, explicit direction on the handling of such requests, express

deadlines for the solicitation and collection of the views of the consulted

agencies (with identified officials responsible for meeting such

deadlines), an inter-agency coordinating authority to monitor the

processing of such requests, predetermined procedures for the

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

appeals to higher authorities, frequent meetings of inter-agency

administrative coordinators to review the status of all pending requests,

and similar administrative mechanisms. To the extent practicable, an

applicant should be advised of 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'59 shall so

declare in his response to the Department of Energy. If the Secretary of

State' 60 declares that he intends to prepare such a Statement, he shall do

so within sixty days of his receipt of a copy of the proposed subsequent

arrangement (during which time the Secretary of Energy may not enter

into the subsequent arrangement), unless pursuant to the Secretary of

State's' 6' 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

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

59

P.l.. 105-277, 112 Stat. 2681-775 (1998), struck "Director" and added "Secretary ofStatc."

""P.L. 105-277, 112 Stat. 2681-775 (1998), struck "Director" and added "Secretary of State." '

6

"P.L. 105-277, 112 Stat. 2681-775 (1998), struck "Director" and added "Secretary of State."
80 Atomic Energy Act of 1954 (P.L. 83-703)

evaluation of any nuclear fuel cycle by the United States or any other

participation; nor to prejudice open and objective consideration of the

results of the evaluation.

42 USC 7172. e. Notwithstanding subsection 402(d) of the Department of Energy

Organization Act (Public Law 95-91), the Secretary of Energy, and not

the Federal Energy 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.

Presidential f.(l) With regard to any subsequent arrangement under subsection

plan, submittal a.(2)(E) (for the storage or disposition of irradiated fuel elements), where

to Congress. 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.

Notice to (2) Subsection (1) shall not apply to the storage or other

congressional disposition in the United States of limited quantities of foreign spent

committees. nuclear fuel if the President determines that (A) a commitment under

section 54 or 55 of this Act of the United States for storage or other

disposition of such limited quantities in the United States is required

by an emergency situation, (B) it is in the national interest to take

such immediate action, and (C) he notifies the Committees on

Foreign Affairs and Science, Space, and Technology' 62 of the House

of Representatives and the Committees on Foreign Relations and

'

6

1P.L. 103-437, § 15 (1)(6)(B), 108 Stat. 4581 (1994), struck "Science and Technology" and substituted

"Science, Space, and Technology."
Atomic Enerav Act of 1954 (P.L. 83-703) 81

Energy and Natural Resources of the Senate of the determination and

action, with a detailed explanation and justification thereof, as soon

as possible.

Plan, contents. (3) Any plan submitted by the President under subsection f.(l)

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. Foreign spent (4) For the purposes of this subsection, the term "foreign spent

nuclear fuel. 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.' 6 3

42 USC 2160b. See. 132. Authority To Suspend Nuclear Cooperation

With Nations Which Have Not Ratified The Convention

On The Physical Security Of Nuclear Material

President of The President may suspend nuclear cooperation under this Act with

U.S. any nation or group of nations which has not ratified the Convention on

the Physical Security of Nuclear Material.164

42 USC 2160c. Sec. 133. Consultation With The Department Of Defense

Concerning Certain Exports And Subsequent

Arrangements

a. In addition to other applicable requirements-

(]) 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

42 USC 2160. (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 51 5 kilograms of uranium enriched

to more than 20 percent in the isotope 233 or the isotope 235.166

'

63

P.L. 95-242, § 303(a), 92 Stat. 127 (1978), added section 131. '

64

P.L. 99-399, § 602, 100 Stat 853 (1986), added section 132. 1

65

P.L. 103-236, 108 Stat. 521 (1994), changed 20 kilograms to 5 kilograms. 1

66

P.L. 99-399, § 602, 100 Stat 853 (1986), added section 133.
42 USC 2160d.

82 Atomic Energy Act of 1954 (P.L. 83-703)

Sec. 134. Further Restrictions On Exports a. IN GENERAL167

-Except as provided in subsection b., the

Commission 68 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

1

67

p.L. 109-58, § 630(l), 119 Stat. 785 (2005), struck out the editorially supplied heading for subsection (a)

and inserted "(a). In general." 161p.L. 109-58, §section 630(l), 119 Stat. 785 (2005), struck out "The Commission" and inserted "Except as provided in subsection (b), the Commission."
Atomic Energy Act of 1954 (P.L. 83-703) 83

(B) the highly enriched uranium for medical isotope

production will be irradiated only in a reactor in a recipient

country that-

(i) uses an alternative nuclear reactor fuel; or

(ii) is the subject of an agreement with the United States

Government to convert to an alternative nuclear reactor fuel

when alternative nuclear reactor fuel can be used in the

reactor.

(3) REVIEW OF PHYSICAL PROTECTION

REQUIREMENTS-

(A) IN GENERAL-The Commission shall review the

adequacy of physical protection requirements that, as of the date

of an application under paragraph (2), are applicable to the

transportation and storage of highly enriched uranium for medical

isotope production or control of residual material after irradiation

and extraction of medical isotopes.

(B) IMPOSITION OF ADDITIONAL REQUIREMENTS-If

the Commission determines that additional physical protection

requirements are necessary (including a limit on the quantity of

highly enriched uranium that may be contained in a single

shipment), the Commission shall impose such requirements as

license conditions or through other appropriate means. (4) FIRST REPORT TO 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-
84 Atomic Energy Act of 1954 (P.L. 83-703)

(i) contains the findings of the National Academy of

Sciences made in the study under subparagraph (A); and

(ii) discloses the existence of any commitments from

commercial producers to provide domestic requirements for

medical isotopes without use of highly enriched uranium

consistent with the feasibility criteria described in

subparagraph (B) not later than the date that is 4 years after

the date of submission of the report.

(5) SECOND REPORT TO CONGRESS-If the study of the

National Academy of Sciences determines under paragraph (4)(A)(i)

that the procurement of supplies of medical isotopes from commercial

sources that do not use highly enriched uranium is feasible, but the

Secretary is unable to report the existence of commitments under

paragraph (4)(C)(ii), not later than the date that is 6 years after the

date of enactment of the Energy Policy Act of 2005, the Secretary

shall submit to Congress a report that describes options for

developing domestic supplies of medical isotopes in quantities that

are adequate to meet domestic demand without the use of highly

enriched uranium consistent with the cost increase described in

paragraph (4)(B)(iii).

(6) CERTIFICATION-At such time as commercial facilities that

do not use highly enriched uranium are capable of meeting domestic

requirements for medical isotopes, within the cost increase described

in paragraph (4)(B)(iii) and without impairing the reliable supply of

medical isotopes for domestic utilization, the Secretary shall submit

to Congress a certification to that effect.

(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

69

c. As used in this section 7-

(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.'

"

6

'P.L, 109-58, §§ 630(2), (3), 119 Stat. 785 (2005), added subsection (b) and redesignated former

subsection "b." as subsection "c." 70

7 P.L, 109-58, § 630(2), 119 Stat. 785 (2005), redesignated former subsection "b." as subsection "c." '

71

P.L. 102-486, 106 Stat 2945, added new section 134.
Atomic Enerav Act of 1954 (P.L. 83-703) 85

42 USC 2161.

Policy.

42 USC 2162.

Classification

and

declassification

of restricted

data.

50 USC 406(d).

AoiEnervAt of 194(..8-0)8

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.

See. 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 pursuant to an agreement for cooperation entered

into in accordance with subsection b. or d. of section 144.172

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

'

72

P.L. 103-337, 108 Stat. 3092 (1994).
42 USC 2163.

D)epartment of

Defense

participation.

42 USC 2164.

International

cooperation.

Cooperation by

Del'ense

Department.

86 Atomic Energy Act of 1954 (P.L. 83-703)

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.173 and 145c.174 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 undertaken pursuant to an agreement existing

on the effective date of this Act.175

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-

()) 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;

...PL. 84-1006, § 14, 70 Stat. 1069 (1956), added the words: "or any other person authorized access to

Restricted Data by the Commission under subsection 145b." r

74

P.L. 87-206, § 5, 75 Stat. 475 (1961), deleted the words "subsection 145b." and substituted in lieu thereof

the words, "subsections 145b. and 145c." '

75

P.L. 85-479, § 5, 72 Stat. 276 (1958), amended subsection a of section 144 by inserting the word "civilian"

before the words "reactor developmenf" in clause (2) thereof
Atomic Enerav Act of 1954 (P.L. 83-703) 87

(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 123.176

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-

(]) 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 123.177

d. (1) In addition to the cooperation authorized in subsections a., b.,

and c., the President may, upon making a determination described in

paragraph (2), authorize the Department of Energy, with the assistance of

the Department of Defense, to cooperate with another nation to

communicate to that nation such Restricted Data, and the President may,

upon making such determination, authorize the Department of Defense,

with the assistance of the Department of Energy, to cooperate with

'

76

P.L. 85-479, § 6, 72 Stat. 276 (1958), amended section 144 by substituting a new subsection b. Before

amendment, subsection b. read as follows:

b. The President may authorize the Department of Defense, with the assistance of the Commission, to

cooperate with another nation or with a regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data as is necessary to--

(1) the development of defense plans;

(2) the training of personnel in the employment of and defense against atomic weapons; and

(3) the evaluation of the capabilities of potential enemies in the employment of atomic weapons.

while such other nation or organization is participating with the United States pursuant to an international

arrangement by substantial and material contributions to the mutual defense and security: Provided,

however, That no such cooperation shall involve communication of Restricted Data relating to the design or fabrication of atomic weapons except with regard to external characteristics, including size, weight, and

shape, yields and effects, and systems employed in the delivery or use thereof but not including any data

in these categories unless in the joint judgment of the Commission and the Department of Defense such

data will not reveal important information concerning the design or fabrication of the nuclear components

of an atomic weapon: And provided firther, That the cooperation is undertaken pursuant to an agreement

entered into in accordance with section 123. '

77

P.L. 103-337, 108 Stat. 3091 (1994), added new subsection "d."
88 Atomic Energy Act of 1954 (P.L. 83-703)

.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 (I) 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

areement for cooperation involved. 78

42 USC 2165. Sec. 145. Restrictions

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

Investigations have access to Restricted Data until the Civil Service Commission shall

by CSC. have made an investigation and report to the Commission on the

character, associations, and loyalty of such individual, and the

Commission shall have determined that permitting such person to have

access to Restricted Data will not endanger the common defense and

security.

b. Except as authorized by the Commission or the General Manager

upon a determination by the Commission or General Manager that such

action is clearly consistent with the national interest, no individual shall

be employed by the Commission nor shall the Commission permit any

individual to have access to Restricted Data until the Civil Service

Commission shall have made an investigation and report to the

Commission on the character, associations, and loyalty of such

individual, and the Commission shall have determined that permitting

such person to have access to Restricted Data will not endanger the

common defense and security.

c. In lieu of the investigation and report to be made by the Civil

Service Commission pursuant to subsection b. of this section, the

Commission may accept an investigation and report on the character,

associations, and loyalty of an individual made by another Government

"'P.L.103-337, 108 Stat. 3092, amended P.L. 85-479, 92 Stat. 276 (1958), by redesignating subsection "d" to "e." [Note: see footnote 149 for explanation of new subsection "d."I
Atomic Enerev Act of 1954 (P.L. 83-703) 89

agency which conducts personnel security investigations, provided that a

security clearance has been granted to such individual by another

Government agency based on such investigation and report.

Investigations d. In the event an investigation made pursuant to subsections a. and

by FBI. 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,179 any investigation required by subsections a.,

b., and c. of this section shall be made by the Federal Bureau of

Investigation. 180

f. (I) 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. i"'

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

'

79

P.L. 108-136, Div. C, Title XXXI, § 3131, 117 Stat. 1749 (2003).

"•P.L. 106-65, Div. C, Title XXXI, Subtitle D, § 3144(a), 113 Stat. 934 (1999). ...P.L. 108-136, Div. C, Title XXXI. § 3131, 117 Stat. 1749 (2003).
90 Atomic Energy Act of 1954 (P.L. 83-703)

Commission finds that such action is required to prevent impairment of

its activities in furtherance of the common defense and security.) 2

42 USC 2166. Sec. 146. General Provisions

General a. Sections 141 to 145, inclusive, shall not exclude the applicable

Provisions. provisions of any other laws, except that no Government agency shall

take any action under such other laws inconsistent with the provisions of

those sections.

b. The Commission shall have no power to control or restrict the

dissemination of information other than as granted by this or any other

law.

42 USC 2167. Sec. 147. Safeguards Information

Regulations. 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-

(I) control and accounting procedures or security measures (including security plans, procedures, and equipment) for the physical

protection of special nuclear material, by whomever possessed,

'

82

P.L. 87-206, § 6, 75 Stat. 475 (1961), 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. e. 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.
Atomic Ener2v Act of 1954 (P.L. 83-703) 91

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 16lb. of this Act.

c. Any determination by the Commission concerning the

applicability of this section shall be subject to judicial review pursuant to

subsection (a)(4)(B) of section 552 of title 5 of the United States Code.

d. Upon prescribing or issuing any regulation or order under

subsection a. of this section, the Commission shall submit to Congress a 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
92 Atomic Energy Act of 1954 (P.L. 83-703)

of such material or such facility, as specified under subsection (a) of

this section; and

(3) provides justification, including proposed alternative

regulations or orders, that the regulation or order applies only the

minimum restrictions needed to protect the health and safety of the

public or the common defense and security.

e. In addition to the reports required under subsection d. of this

section, the Commission shall submit to Congress on a quarterly basis a

report detailing the Commission's application during that period of every

regulation or order prescribed or issued under this section. In particular,

the report shall:'83

(I) 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. 18

42 USC 2168. Sec. 148. Prohibition Against The Dissemination Of

Certain Unclassified Information

Regulations. a.185 (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, 186) 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

42 tJSC 2162. (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 binder

paragraph (1) to prohibit the dissemination of any information

"'NOTE: As a result of P.L. 104-66, § 3003, 109 Stat. 734 (1995), section 147e ceased to be effective on December 21, 1999. 8

•'P.L. 96-295, § 207(a)(1), 94 Stat. 788 (1980), added new section 147. "'8 P.L. 97-90. § 210(a)(1), 95 Stat. 1163 (1981). added new section 148.

"'P.Lu 97-415, § 17, 96 Stat. 2067 (1983). inserted in section 148a(l) after "Secretary" the words "with respect

to atomic energy defense programs."
Atomic Energy Act of 1954 (P.L. 83-703) 93

Penalties.

42 USC 2282.

42 USC 2273.

Judicial review.

Quarterly

report.

described in such paragraph only if and to the extent that the

Secretary determines that the unauthorized dissemination of such

information could reasonably be expected to have a significant

adverse effect on the health and safety of the public or the common

defense and security by significantly increasing the likelihood of(A)

illegal production of nuclear weapons, or (B) theft, diversion, or

sabotage of nuclear materials, equipment, or facilities.

(3) In making a determination under paragraph (2), the Secretary

may consider what the likelihood of an illegal production, theft,

diversion, or sabotage referred to in such paragraph would be if the

information proposed to be prohibited from dissemination under this

section were at no time available for dissemination.

(4) The Secretary shall exercise his authority under this

subsection to prohibit the dissemination of any information described

in subsection a.(1)-

(A) so as to apply the minimum restrictions needed to protect

the health and safety of the public or the common defense and

security; and

(B) upon a determination that the unauthorized dissemination

of such information could reasonably be expected to result in a significant adverse effect on the health and safety of the public or

the common defense and security by significantly increasing the

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. (I) 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 16 lb. 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-

(I) 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
94 Atomic Energy Act of 1954 (P.L. 83-703)

increasing the likelihood of illegal production of nuclear weapons, or

theft, diversion, or sabotage of nuclear materials, equipment, or

facilities, as specified under subsection a.; and

(3) provide justification that the Secretary has applied such

regulation or order so as to protect from disclosure only the minimum

amount of information necessary to protect the health and safety of

the public or the common defense and security. 17

42 USC2169. See. 149. Fingerprinting For Criminal History Record

Checks

a.(l)(A)(i)"' 5 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)-

(1) are licensed or certified to engage in an activity subject

to regulation by the Commission;

(11) have filed an application for a license or certificate to

engage in an activity subject to regulation by the Commission;

or Notification. (111) 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-

(1) a utilization facility; or

(I) 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

"'PL. 97-415, § 17, 96 Stat. 2067 (1983), added new subsections "d" and "e" to section 148.

1'8 P.L. 99-399, § 606, 100 Stat. 853 (1986), added section 149. P.L. 109-58, § 652(l), 119 Stat. 810 (2005),

rewrote subsection (a), which formerly read as follows:

"(a) The Nuclear Regulatory Commission (in this section referred to as the 'Commission') shall

require each licensee or applicant for a license to operate a utilization facility under section 2133 or 2134(b) of this title to fingerprint each individual who is permitted unescorted access to the facility or is

permitted access to safeguards information under section 2167 of this title. All fingerprints obtained by a licensee or applicant as required in the preceding sentence shall be submitted to the Attorney General of

the United States through the Commission for identification and a criminal history records check. The

costs of any identification and records check conducted pursuant to the preceding sentence shall be paid by the licensee or applicant. Notwithstanding any other provision of law, the Attorney General may provide all the results of the search to the Commission, and, in accordance with regulations prescribed

under this section, the Commission may provide such results to the licensee or applicant submitting such

fingerprints."

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)(l)(B) 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).
Atomic Enerev Act of 1954 (P.L. 83-703) 95

(ii) is permitted access to safeguards information under section

147;

(2) All fingerprints obtained by an individual or entity as required

in paragraph (I) shall be submitted to the Attorney General of the

United States through the Commission for identification and a

criminal history records check.

(3) The costs of an identification or records check under

paragraph (2) shall be paid by the individual or entity required to

conduct the fingerprinting under paragraph (1)(A).

(4) Notwithstanding any other provision of law-

(A) the Attorney General may provide any result of an

identification or records check under paragraph (2) to the

Commission; and

(B) the Commission, in accordance with regulations

prescribed under this section, may provide the results to the

individual or entity required to conduct the fingerprinting under

paragraph (1)(A).

Hcalth and b. The Commission, by rule, may relieve persons from the

medical care. obligations imposed by this section, under specified terms, conditions,

Safety. 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-

(I) 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 I year old for which there is no

information of the disposition of the case; or

(ii) an arrest that resulted in dismissal of the charge or an

acquittal; and

(D) to protect individuals subject to fingerprinting under this

section from misuse of the criminal history records; and

(3) to provide each individual subject to fingerprinting under this

section with the right to complete, correct, and explain information

contained in the criminal history records prior to any final adverse

determination.

d. The Commission may require a person or individual to conduct

fingerprinting under subsection a.(l) by authorizing or requiring the use

of any alternative biometric method for identification that has been

approved by-

(]) the Attorney General; and

(2) the Commission, by regulation.

e. (I) The Commission may establish and collect fees to process

fingerprints and criminal history records under this section.

(2) Notwithstanding section 3302(b) of title 3 1, United States

Code, and to the extent approved in appropriation Acts-.
96 Atomic Energy Act of 1954 (P.L. 83-703)

(A) a portion of the amounts collected under this subsection in

any fiscal year may be retained and used by the Commission to

carry out this section; and

(B) the remaining portion of the amounts collected under this

subsection in such fiscal year may be transferred periodically to

the Attorney General and used by the Attorney General to carry

out this section.

(3) Any amount made available for use under paragraph (2) shall

remain available until expended.tS9

Chapter 13-Patents And Inventions

42 USC 2181. See. 151. Inventions Relating To Atomic Weapons, And

Filing Of Reports

Inventions relating a.1 No patent shall hereafter be granted for any invention or to atomic discovery which is useful solely in the utilization of special nuclear

weapons. 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.

Inventions c. Any person who has made or hereafter makes any invention or reports. 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"9' 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. 192

"d. The Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office193 shall notify

"' 8 P.L. 99-399. § 606. 100 Stat, 853 (1986), added section 149, which has been amended by P.L. 109-58, 4 652, 119 Stat. 8 10.

P.L. 87-206, § 7, 75 Stat. 475 (1961), changed the title of this section. The title prior to amendment was "Military Utilization."

19'As amended by P.L. 106-113, Division B, § 1000(a)(9), 113 Stat 1536 (1999). "

2

P.L. 87-206, § 8, 75 Stat. 475 (1961), 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 P.L. 106-113, Division B, § 1000(a)(9), 113 Stat 1536 (1999).
Atomic Enerizv Act of 1954 (P.L. 83-703) 97

the Commission of all applications for patents heretofore or hereafter

filed which, in his opinion, disclose inventions or discoveries required to

be reported under subsection 151c., and shall provide the Commission

access to all such applications. "e. Reports filed pursuant to subsection c. of this section, and

application to which access is provided under subsection d. of this

section, shall be kept in confidence by the Commission, and no

information concerning the same given without authority of the inventor

or owner unless necessary to carry out the provisions of any Act of

Congress or in such special circumstances as may be determined by the

Commission. 194

42 usc 2182. Sec. 152. Inventions Made Or Conceived During

Commission Contracts

Invention Any invention or discovery, useful in the production or utilization of

conceived special nuclear material or atomic energy, made or conceived in the

during course of or under any contract, subcontract, or arrangement entered into

Commission with or for the benefit of the Commission, regardless of whether the

contracts. 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' 96 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

'

4

P.L. 87-206, § 9, 75 Stat. 475 (1961), added subsection e.

"' As amended by P.L. 106-113, Division B, § 1000(a)(9), 113 Stat 1536 (1999). '16Amended by P.L. 87-615, § 11, 76 Stat. 409 (1962). Prior to amendment, the word was 'allowances."
98 Atomic Energy Act of 1954 (P.L. 83-703)

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 Properly and Director of the United States

Patent and Trademark Office, and if the applicant's statement claims, and

the applicant still believes, that the invention or discovery was not made

or conceived in the course of or under any contract, subcontract or

arrangement entered into with or for the benefit of the Commission

entitling the Commission to the title to the applicant or the patent the

applicant may, within 30 days after notification of the filing of such a

direction, request a hearing before the Board of Patents Appeals and

Interferences. The Board shall have the power to hear and determine

whether the Commission was entitled to the direction filed with the

Under Secretary of Commerce for Intellectual Property and Director of

the United States Patent and Trademark Office. The Board shall follow

the rules and procedures established for interference cases and an appeal

may be taken by either the applicant or the Commission from the final

order of the Board to the United States Court of Appeals for the Federal

Circuit in accordance with the procedures governing the appeals from

the Board of Patent Appeals an Interferences.

If the statement filed by the applicant should thereafter be found to

contain false material statements any notification by the Commission that

it has no objections to the issuance of a patent to the applicant shall not

be deemed in any respect to constitute a waiver of the provisions of this

section or of any applicable civil or criminal statute, and the Commission

may have the title to the patent transferred to the Commission on the

records of the Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office in

accordance with the provisions of this section. A determination of rights

by the Commission pursuant to a contractual provision or other

arrangement prior to the request of the Under Secretary of Commerce for

Intellectual Property and Director of the United States Patent and

Trademark Office for the statement, shall be final in the absence of false

material statements or nondisclosure of material facts by the applicant.197

1P7p.L. 87-206, § 10, 75 Stat. 475 (1961), amended section 152. Before amendment, this section read as follows:

See. 152. Inventions Conceived During Commission Contracts-Any invention or discovery, useful in

the production or utilization of special nuclear material or atomic energy, made or conceived under any

contract, subcontract, arrangement, or other relationship with the Commission, regardless of whether the

contract or arrangement involved the expenditure of funds by the Commission, shall be deemed to have

been made or conceived by the Commission, except the Commission may waive its claim to any such

invention or discovery if made or conceived by any person at or in connection with any laboratory under

the jurisdiction of the Commission as provided in section 33, or under such other circumstances as the

Commission may deem appropriate. No patent 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.
Atomic Energy Act of 1954 (P.L. 83-703) 99

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 I 53a.-

(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 or8 1; or

(4) whose activities or proposed activities are authorized under

section 3 1, 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

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 ol; in connection wvith, or under the terms of any contract, subcontract, arrangement, or other

relationship with the Commission entitling the Commission to take title to the application or the patent the

applicant may, within 30 days after notification of the filing of such a direction, request a hearing before a Board of Patents Interferences. The Boards shall have the power to hear and determine whether the

Commission was entitled to the direction filed with the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark Office. The Board shall follow the rules

and procedures established for interference cases and procedures established an appeal may be taken by

either the applicant or the Commission from the final order of the Board to the Court of Customs and

Patent Appeals in accordance with the procedures governing the appeals from the Board of Patent

Interferences (amended by 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.
100 Atomic Energy Act of 1954 (P.L. 83-703)

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.-

(I) the Commission, within 30 days after the filing of such

application, shall make available to the owner of the patent all of the

information contained in such application, and shall notify the owner

of the patent of the time and place at which a hearing will be held by

the Commission;

(2) the Commission shall hold a hearing within 60 days after the

filing of such application at a time and place designated by the

Commission; and

(3) in the event an applicant applies for two or more patent

licenses, the Commission may, in it discretion, order the

consolidation of such applications, and if the patents are owned by

more than one owner, such owners may be made parties to one

hearing.

e. If, after any hearing conducted pursuant to subsection 153d, the

Commission finds that-

(I) the invention or discovery covered by the patent is of primary

importance in the production or utilization of special nuclear material

atomic energy;

(2) the licensing of such invention or discovery is of primary

importance to the conduct of the activities of the applicant;

(3) the activities to which the patent license are proposed to be

applied by such applicant are of primary importance to the

furtherance of policies and purposes of this Act; and

(4) such applicant cannot otherwise obtain a patent license from

the owner of the patent on terms which the Commission deems to be

reasonable for the intended use of the patent to be made by such

applicant, the Commission shall license the applicant to use the

invention or discovery covered by the patent for the purposes stated

in such application on terms deemed equitable by the Commission

and generally not less fair than those granted by the patents or by the

Commission to similar licensees for comparable use.

f. The Commission shall not grant any patent license pursuant to

subsection 153e. for any other purpose than that stated in the application.

Nor shall the Commission grant any patent license to any other applicant

for a patent license on the same patent without an application being made

by such applicant pursuant to subsection 153c., and without separate

notification and hearing as provided in subsection 153d., and without a

separate finding as provided in subsection 153e.

g. The owner of the patent affected by a declaration or a finding made

by the Commission pursuant to subsection 153b. or 153e. shall be

entitled 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
Atomic Energy Act of 1954 (P.L. 83-703) 101

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, 1979.198

42 USC 2184. Sec. 154. Injunctions

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.

42 USC 2185. Sec. 155. Prior Art

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.

42 USC 2186. Sec. 156. Commission Patent Licenses

Commission The Commission shall establish standards specifications upon which

patent licenses, it may grant a patent license to use any patent'99 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.

42 USC 2187. Sec. 157. Compensation, Awards, And Royalties

Compensation, a. Patent Compensation Board.-The Commission shall designate a

awards, and patent Compensation Board to consider applications under this section.

royalties. 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 18200 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.

Eligibility. b. Eligibility.-

(I) 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

"'P.L. 86-50, § 114, 73 Stat. 81 (1959), amended subsection 153h by changing the date from Sept. 1, 1959, to

Sept. I, 1964. P.L. 88-394, § I, 78 Stat. 376 (1964), amended subsection 153h by changing the date from

Sept. 1, 1964, to Sept. 1, 1969. P.L. 91-161, § 1, 83 Stat. 444 (1969), amended subsection 153h by changing

the date from Sept. I, 1969, to Sept. I, 1974. P.L. 93-377, § 6, 88 Stat. 475 (1974), amended subsection 153h

bg.changing the date from Sept. I1 1974, to Sept. I, 1979.

P.L. 96-517, § 7(a), 94 Stat. 3027 (1980), amended section 156 by deleting the words "held by the

Commission or." 2

'"These sections have been repealed.
102 Atomic Energy Act of 1954 (P.L. 83-703)

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 grant, an award. The Commission may also, after consultation

with"' the General Advisory Committee, and with the approval of the

President, grant an award for any especially meritorious contribution

to the development, use, or control of atomic energy.

Standards. 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.(]) 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.20 2

42 USC 2188. Sec. 158. Monopolistic Use Of Patents

Monopolistic Whenever the owner of any patent hereafter granter for any invention

use ofpatents. 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 157.203

42 USC 2189. Sec. 159. Federally Financed Research

Federally Nothing in this Act shall affect the right of the Commission to require

financed the patents granted on inventions made or conceived during the course of

research. federally financed research or operations, be assigned to the United

States.

2

"'P.L. 93-276, § 201, 88 Stat. 115 (1974), amended this section by substituting the words "after consultation

with" for the words "upon the recommendation of." 2

" 2P.L. 87-206, § 11, 75 Stat. 475 (1961), added subsection 4. 2

"

3

The second sentence of section 158 was amended by P.L. 87-206 § 12, 75 Stat. 475 (1961). Prior to

amendment, it read as follows: "Such licensee shall pay a reasonable royalty fee to be determined in

accordance with section 157, to the owner of the patent.
Atomic Energy Act of 1954 (P.L. 83-703) 103

42 USC 2190. Sec. 160. Saving Clause

Saving clause. Any patent application on which a patent was denied by the United

States Patent Office under section I I(a)(]1), I I (a)(2), or I I(b) of the

Atomic Energy Act of 1946,2°4 and which is not prohibited by section

151 or section 155 of this Act may be reinstated upon application to the

Under Secretary of Commerce for Intellectual Property and Director of

the United States Patent and Trademark Office within one year after

enactment of this Act and shall then be deemed to have been

continuously pending since its original filing date: Provided, however,

That no patent issued upon any patent application so reinstated shall in

any way furnish a basis of claim against the Government of the United

States..

Chapter 14-General Authority

42 USC 2201. See. 161. General Provisions

General In the performance of its functions the Commission is authorized toprovisions, a. establish advisory boards to advise with and make

recommendations to the Commission on legislation, policies,

administration, research, and other matters, provided that the

Commission issues regulations setting forth the scope, procedure, and

limitation of the authority of each such board;

b. establish by rule, regulation, or order, such standards and

instructions to govern the possession and use of special nuclear material,

source material, and byproduct material as the Commission may deem

necessary or desirable to promote the common defense and security or to

protect health or to minimize danger to life or property; in addition, the

Commission shall prescribe such regulations or orders as may be

necessary or desirable to promote the Nation's common defense and

security with regard to control, ownership, or possession of any

equipment or device, or important component part especially designed

for such equipment or device, capable of separating the isotopes of

uranium or enriching uranium in the isotope 235;205

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;206

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

""4See Atomic Energy Act of 1946, Appendix 4, infra, section II. 2

"'P.L. 101-575, 104 Stat. 2835 (1990), amended section 161b.

""P.L. 91-452, § 237, 84 Stat. 922 (1970), The Organized Crime Control Act of 1970, deleted the following

sentence from subsection 161c:

No person shall be excused from complying with any requirements under this paragraph because of

his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of

February I1, 1893, shall apply with respect to any individual who specifically claims such privilege.
104 Atomic Energy Act of 1954 (P.L. 83-703)

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 7 whose position would be subject to the

Classification Act of 1949, as amended, if such Act were applicable to

such position, shall be paid a salary at a rate in excess of the rate payable

under such Act for positions of equivalent difficulty or responsibility.

Such rates of compensation may be adopted by the Commission as may

be authorized by the Classification Act of 1949, as amended, as of the same date such rates are authorized for positions subject to such Act. 20 8

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) 209 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;21°

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 propertI

including patents, as agent of and on behalf of the United States,

2

"P.L. 87-793, § 1001(g), 76 Stat. 832 (1962), added the words "up to a limit of the highest rate of grade 18 of

the General Schedule of the Classification Act of 1949, as amended." Prior to this amendment, a limitation of

$19,000 had been imposed by P.L. 85-287, § 4, 71 Stat. 612 (1957). 2

""P.L. 85-681,72 Stat. 633 (1958), section -- amended subsection 161d by inserting this sentence. "

9P.L, 85-162 § 201, 71 Stat. 403 (1957), 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. 210

P.L. 84-722, 70 Stat. 553 (1956), amended section 161e by adding the proviso clause. 21

'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.
Atomic Energv Act of 1954 (P.L. 83-703) 105

42 USC 2201(K).

40 USC 471.

40 USC 488

note,

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

(I) to protect Restricted Data received by any person in

connection with any activity authorized pursuant to this Act,

(2) to guard against the loss or diversion of any special nuclear

material acquired by any person pursuant to section 53 or produced

by any person in connection with any activity authorized pursuant to

this Act, to prevent any use or disposition thereof which the

Commission may determine to be inimical to the common defense

and security, including regulations or orders designating activities,

involving quantities of special nuclear material which in the opinion

of the Commission are important to the common defense and

security, that may be conducted only by persons whose character,

associations, and loyalty shall have been investigated under standards

and specifications established by the Commission and as to whom the

Commission shall have determined that permitting each such person

to conduct the activity will not be inimical to the common defense

and security,212

(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,213

j. without regard to the provisions of the Federal Property and

Administrative Services Act of 1949, as amended, except section 207 of

that Act, or any other law, make such disposition as it may deem

desirable of (1) radioactive materials, and (2) any other property, the

special disposition of which is, in the opinion of the Commission, in the

interest of the national security: Provided, however, That the property

furnished to licensees in accordance with the provisions of subsection

161m. shall not be deemed to be properly disposed of by the commission

pursuant to this subsection;

k. authorize such of its members, officers, and employees as it deems

necessary in the interest of the common defense and security to carry

firearms while in the discharge of their official duties. The Commission

may also authorize such of those employees of its contractors and

subcontractors (at any tier) engaged in the protection of property under

212

Section 7 of P.L. 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. 2

"'P.L. 109-58, § 626, 119 Stat. 784 (2005), 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."
106 Atomic Energy Act of 1954 (P.L. 83-703)

the jurisdiction of the United States located at facilities owned by or

contracted to the United States or being transported to or from such

facilities as it deems necessary in the interests of the common defense

and security to carry firearms while in the discharge of their official

duties. A person authorized to carry firearms under this subsection may,

while in the performance of, and in connection with, official duties, make

arrests without warrant for any offense against the United States

committed in that person's presence or for any felony cognizable under

the laws of the United States if that person has reasonable grounds to

believe that the individual to be arrested has committed or is committing

such felony. An employee of a contractor or subcontractor authorized to

carry firearms under this subsection may make such arrests only when

the individual to be arrested is within, or in direct flight from, the area of

such offense. A person granted authority to make arrests by this

subsection may exercise that authority only in the enforcement of (I)

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;214

m. 215 enter into agreements with persons licensed under section 103,

104, 53a.(4), or 63a.(4) 21 6 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;

2

" 4P.L. 99-661, 100 Stat. 4064 (1986), amended subsection 161k. P.L. 97-90, § 211, 95 Stat. 1163 (1981), 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. 2

.. P.L. 87-456, § 303(c), 76 Stat. 72 (1962), the Tariff Classification Act of 1962, repealed section 161 I,

effective on the I0'h 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 I read as follows:

I. Secure the admittance free of duty into the United States of purchases made abroad of source materials, upon certification to the Security of the Treasury that such entry is necessary in the interest of

the common defense and security. 216

P.L. 86-300, § I, 73 Stat. 574 (1959), amended subsection 161m to authorize agreements with persons licensed under section 53a(4) or 63a(4), as well as under section 103 or 104.
Atomic Energy Act of 1954 (P.L. 83-703) 107

n.2" 7 delegate to the General Manager or other officers of the

Commission any of those functions assigned to it under this Act except

those specified in sections 51, 57b.,2 'r 61,219 108, 123, 145b. (with

respect to the determination of those persons to whom the Commission

may reveal Restricted Data in the national interest), 145f.,220 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.

Easements for q. The Commission is empowered, under such terms and conditions

rights-of-way, 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 fiurther, 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 rightof-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.

'"P.L. 85-507, § 21, 72 Stat. 327 (1958), 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 (I) not more than one per centrum of the eligible employees shall be so assigned during any

fiscal year, and (2) any such assignment shall be approved in advance by the Commission or shall be in

accordance with a training program previously approved by the Commission: Andprovidedfiirther. That

appropriations or other funds available to the Commission for salaries or expenses shall be available for

the purposes of this subsection. 2 sP.L. 90-190, § 1I, 81 Stat. 575 (1967), amended section 161n by striking out "57a.(3)" and inserting in lieu

thereof "57b." 219

P.L. 91-560, § 7, 84 Stat. 1472 (1970), amended subsection 161n by striking out at this point the following:

2"102 2 (with respect to the finding of practical value)." "Amended by P.L. 87-615, § 12, 76 Stat. 409 (1962). Prior to amendment, the reference was to 145e. 22 1

P.L. 84-1006, § 4, 70 Stat. 1069, added subsection q (originally subsection r).
108 Atomic Energy Act of 1954 (P.L. 83-703)

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.

(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."'

Succession of' s. establish a plan for a succession of authority which will assure the

authority. community of direction of the Commission's operations in the event of a

national disaster due to enemy activity. Notwithstanding any other

provision of this Act, the person or persons succeeding to command in

the event of disaster in accordance with the plan established pursuant to

this subsection shall be vested with all of the authority of the

Commission: Provided, That any such succession to authority, and

vesting of authority shall be effective only in the event and as long as a

quorum of three or more members of the Commission is unable to

convene and exercise direction during the disaster period: Provided

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; 223

Processing t. enter into contracts for the processing, fabricating, separating, or

contracts. refining in facilities owned by the Commission of source, byproduct or

other material, or special nuclear material, in accordance with and within

the period of an agreement for cooperation while comparable services are

available to persons licensed under section 103 or 104: Provided, That

the prices for services under such contracts shall be no less than the

prices currently charged by the Commission pursuant to section 161m.;

Long term u. (1) enter into contracts for such periods of time as the Commission

contract may deem necessary or desirable, but not to exceed five years from the

authority, 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

222

P.L. 85-162, § 204, 71 Stat. 403 (1957), added subsection 4 (originally subsection s). 2

..P.L. 85-681 § 7, 72 Stat. 632 (1958), amended section 161 by adding new subsections t, u, and v. P.L. 87-206, § 13, 75 Stat. 475 (1961), changed the designation of subsections t, u, and v to subsections s, t, and u, respectively.
Atomic Energv Act of 1954 (P.L. 83-703) 109

by the Commission whenever the Commission determines that: (i) it

is advantageous to the Government to make such purchase or

acquisition from commercial sources; (ii) the furnishing of such

supplies, equipment, materials, or services will require the

construction or acquisition of special facilities by the vendors or

supplies thereof; (iii) the amortization chargeable to the Commission

constitutes an appreciable portion of the cost of contract performance,

excluding cost of materials; and (iv) the contract for such period is

more advantageous to the Government than a similar contract not

executed under the authority of this subsection. Such contracts shall

be entered into for periods not to exceed five years each from the date

of initial delivery of such supplies, equipment, materials, or services

or ten years from the date of execution of the contracts excluding

periods of renewal under option,

(B) In entering into such contracts the Commission shall be

guided by the following principles: (i) the percentage of the total

cost of special facilities devoted to contract performance and

chargeable to the Commission should not exceed the ratio

between the period of contract deliveries and the anticipated

useful life of such special facilities; (ii) the desirability of

obtaining options to renew the contract for reasonable periods at

prices not to include charges for special facilities already

amortized; and (iii) the desirability of reserving in the

Commission the right to take title to the special facilities under

appropriate circumstances; and

(3) include in contracts made under this subsection provisions

which limit the obligation of funds to estimated annual deliveries and

services and the unamortized balance of such amounts due for special

facilities as the parties shall agree is chargeable to the performance of

the contract. Any appropriation available at the time of termination or

thereafter made available to the Commission for operating expenses

shall be available for payment of such costs which may arise from

termination as the contract may provide. The term "special facilities"

as used in this subsection means any land and any depreciable

buildings, structures, utilities, machinery, equipment, and fixtures

necessary for the production or furnishing of such supplies,

equipment, materials, and services and not available to the vendors or

suppliers for the performance of the contract. 4

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;.225 226

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

2

.

4

P.L. 86-300, § I, 73 Stat. 574 (1959), amended subsection 161m to authorize agreements with persons licensed under section 53a(4) or 63a(4), as well as under section 103 or 104. 22

.P.L. 88489, § 16, 78 Stat. 602 (1964), added subsection v. .

2

.P.L. 102486, 106 Stat. 2944 (1992), changed section v.
42 USC 223 1.

42 USC 2014.

42 USC 2201a.

110 Atomic Energy Act of 1954 (P.L. 83-703)

accordance with the provisions of section 9701 of Title 3 1 or any other law. 22 7 228 229

x. Establish by rule, regulation, or order, after public notice, and in

accordance with the requirements of section 181 of this Act, such

standards and instructions as the Commission may deem necessary or

desirable to ensure- (I) 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 I le.(2), by a licensee to permit the completion of all

requirements established by the Commission for the decontamination,

decommissioning, and reclamation of sites, structures, and equipment

used in conjunction with byproduct material as so defined, and

(2) that-

(A) in the case of any such license issued or renewed after the date of

the enactment of this subsection, the need for long-term maintenance and

monitoring of such sites, structures and equipment after termination of

such license will be minimized and, to the maximum extent practicable,

eliminated; and

(B) in the case of each license for such material (whether in effect on

the date of the enactment of this section or issued or renewed thereafter),

if the Commission determines that any such long-term maintenance and

monitoring is necessary, the licensee, before termination of any license

for byproduct material as defined in section I 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.

230

Sec. 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,

22

.P.L. 92-314, § 301, 86 Stat. 222 (1972), added subsection w. 22 P.L. 102-486, 106 Stat. 2944 (1992), amended section w. 229

P.L. 109-58, § 623, 119 Stat. 783 (2005), rewrote subsection (w), which formerly read as follows: "prescribe and collect from any other Government agency, which applies for or is issued a license for a utilization facility designed to produce electrical or heat energy pursuant to section 103 or 104b.. including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee

under this chapter that has control over any fund for the decommissioning of the facility." 2

"OP.L. 95-604, § 203, 92.Stat. 3036 (1978), added a new subsection 161(x).
Atomic Enerav Act of 1954 (P.L. 83-703) III

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;

(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."3

Sec. 162. Contracts

The President may, in advance, exempt any specific action of the

Commission in a particular matter from the provisions of law relating to

contracts whenever he determines that such action is essential in the

interest of the common defense and security.

Sec. 163. Advisory Committees

The members of the General Advisory Committee established

pursuant to section 26 and the members of advisory boards established

42 USC 2202.

Contracts.

42 USC 2203.

Advisory

committees.

231

P.L. 109-58, Title V1, § 653, 119 Stat. 811 (2005), added new section 161A.
112 Atomic Energy Act of 1954 (P.L. 83-703)

pursuant to section 161a. may serve as such without regard to the

provisions of section 281, 283, or 284 of title 18232 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 institution233 in respect of any particular matter which

directly involves the Commission or in which the Commission is directly

interested.234

42 USC 2204. Sec. 164. Electric Utility Contracts

Electric utility' The Commission is authorized in connection with the construction or

contracts, 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"3 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.

42 USC 2205. Sec. 165. Contract Practices

Contract a. In carrying out the purposes of this Act the Commission shall not

practices. 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.

2

.. These sections have been repealed. 23

.P.L. 86-300, § 2, 73 Stat. 574 (1959), amended section 163 by inserting after tIle words "from receiving compensation" the words "from a source other than a nonprofit educational institution." 234

P.L. 87-849, § 2, 76 Stat. 1119 (1962), 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

2United States, * * * as to whom they are no longer applicable." .

5

P.L. 103-437, § 15(f)(7), 108 Stat. 4581 (1994), struck "Joint Committee" and substituted "Energy Committees" throughout the section.
Atomic Energy Act of 1954 (P.L. 83-703) 113

42 USC 2206. See. 166. Comptroller General Audit

Comptroller No moneys appropriated for the purposes of this Act shall be

General audit. available for payments under any contract with the Commission,

negotiated without advertising, except contracts with any foreign

government or any agency thereof and contracts with foreign producers,

unless such contract includes a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives

shall, until the expiration of three years after final payment, have access

to and the right to examine any directly pertinent books, documents,

papers, and records of the contractor or any of his subcontractors

engaged in the performance of, and involving transactions related to such

contracts or subcontracts: Provided, however, That no moneys so

appropriated shall be available for payment under such contract which

includes any provision precluding an audit by the Government

Accountability Office of any transaction under such contract: And

provided ifrther, That nothing in this section shall preclude the earlier

disposal of contractor and subcontractor records in accordance with

records disposal schedules a reed upon between the Commission and the

General Accounting Office. h6

42 USC 2207. See. 167. Claims Settlements

The Commission, acting on behalf of the United States, is authorized

to consider, ascertain, adjust, determine, settle, and pay, any claim for

money damage of $5,000 or less against the United States for bodily

injury, death, or damage to or loss of real or personal property resulting from any detonation, explosion, or radiation produced in the conduct of

any program undertaken by the Commission involving the detonation of

an explosive device, where such claim is presented to the Commission in

writing within one year after the accident or incident out of which the

claim arises: Provided, however, That the damage to or loss of property,

or bodily injury or death, shall not have been caused in whole or in part

by any negligence or wrongful act on the part of the claimant, his agents,

or employees. Any such settlement under the authority of this section

shall be final and conclusive for all purposes, notwithstanding any other

provision of law to the contrary. If the Commission considers that a

claim in excess of $5,000 is meritorious and would otherwise be covered

by this section, the Commission may report the facts and circumstances

thereof to the Congress for its consideration.23 7

42 USC 2208. See. 168. Payments In Lieu Of Taxes

Payments in In order to render financial assistance to those States and localities in

Lieu of taxes. which the activities of the Commission are carried on, and in which the

Commission has acquired property previously subject to State and local

taxation, the Commission is authorized to make payments to State and

236

P.L. 85-681, section 8, 72 Stat. 632 (1958), amended section 166 by adding the second proviso clause; P.L.

108-271, section 8(b), 118 Stat. 814, changed General Accounting Office to Government Accountability

Office. 237

P.L. 87-206, section 14, 75 Stat. 474 (1961), 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.
114 Atomic Energy Act of 1954 (P.L. 83-703)

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 payment.

42 USC 2209. See. 169. No Subsidy No subsidy. No funds of the Commission shall be employed in the construction or

operation of facilities licensed under section 103 or 104 except under

contract or other arrangement entered intopursuant to section 3 1.

42 USC 2210. Sec. 170. Indemnification And Limitation Of Liability

a.238 REQUIREMENT OF FINANCIAL PROTECTION FOR

LICENSEES2 39

-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") 240 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

Indemnification required, it may be a further condition of the license that the licensee

agreement. execute and maintain an indemnification agreement in accordance with

subsection c. The Commission may require, as a further condition of

Waiver. issuing a license, that an applicant waive any immunity from public

liability conferred by Federal or State law.2 ' Liability b. AMOUNT AND TYPE OF FINANCIAL PROTECTION FOR

insurance. LICENSEES242

(1)243 The amount of primary financial protection244 required shall

be the amount of liability insurance available from private sources,

2

.. P.L. 85-256, § 4, 71 Stat. 576 (1957), added section 170. .. 9

P.L. 100-408, section 16(e)(1), 102 Stat. 1080, August 20, 1988, inserted immediately following the

subsection designation "(a)" in the original a subsection heading, "Requirement of Financial Protection for

Licensees."

"

4

'P.L. 100-408, § 16(a)(2), 102 Stat. 1079 (1988), 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 241 in the exercise." P.L. 94-197, § 2, 89 Stat. 1111 (1975), 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.

2

4

2P.L. 100-408, § 16(e)(2), 102 Slat, 1080, August 20, 1988, inserted immediately following the subsection

designation "(b)" in the original a subsection heading, "Amount and Type of Financial Protection for

Licensees." 24

.P.L. 100-408, § 2(C)(1), 102 Stat. 1066 (1988), inserted "(I)" preceding "The amount" at the beginning of

the first existing sentence, thereby redesignating the first six sentences of existing subsection (b) as paragraph (I).
Atomic Enerizv Act of 1954 (P.L. 83-703) 115

except that the Commission may establish a lesser amount on the

basis of criteria set forth in writing, which it may revise from time to

time, taking into consideration such factors as the following: (A) the

cost and terms of private insurance, (B) the type, size, and location of

the licensed activity and other factors pertaining to the hazard, and

(C) the nature and purpose of the licensed activity: Provided, That

for facilities designed for producing substantial amounts of electricity

and having a rated capacity of 100,000 electrical kilowatts or more,

the amount of primary financial protection245 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

fiJrther, That the maximum amount of the standard deferred premium

that may be charged a licensee following any nuclear incident under

such a plan shall not be more than $95,800,000"' (subject to

adjustment for inflation under subsection t.) but not more than

$15,000,000 in any I year (subject to adjustment for inflation under

subsection t.), 2 47 for each facility for which licensee is required to

maintain the maximum amount of primary financial protection: And

provided firther, That the amount which may be charged a licensee

following any nuclear incident shall not exceed the licensee's pro rata

share of the aggregate public liability claims and costs (excluding

legal costs subject to subsection o.(l)(D), payment of which has not

been authorized under such subsection) arising out of the nuclear

incident. Payment of any State premium taxes which may be

applicable to any deferred premium provided for in this Act shall be

.

44

P.L. 100-408, §§ 2(a)(I), (2), (C)(2), 102 Stat. 1066 (1988), in the first sentence of paragraph (1),

redesignated existing clauses (1), (2), and (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)." 2

.. P.L. 100-408, § 2(a)(1), 102 Slat. 1066 (1988), in the second sentence of paragraph (1), substituted "primary

financial protection" for "financial protection." 246

P.L. 109-58, Title VI, § 603(1), 119 Stat. 780 (2005), in the second proviso of the third sentence, struck out

"$63,000,000" and inserted "$95,800,000." .

47

P.L. 109-58, Title VI, § 603(I), 119 Stat. 780 (2005), in the second proviso of the third sentence, struck out

"10,000,000 in any I year" and inserted "15,000,000 in any I year (subject to adjustment for inflation under

subsection (t) of this section)."
116 Atomic Energy Act of 1954 (P.L. 83-703)

the responsibility of the licensee and shall not be included in the

retrospective premium established by the Commission.248

(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 (I)-

(i) for any facility, if more than one nuclear incident occurs

in any one calendar year; or

(ii) for any licensee licensed to operate more than one

facility, if the Commission determines that the financial

impact of assessing the standard annual deferred premium

amount under paragraph (1) would result in undue financial

hardship to such licensee or the ratepayers of such licensee.

(B) In the event that the Commission assesses a lesser annual

deferred premium amount under subparagraph (A), the

Commission shall require payment of the difference between the

standard annual deferred premium assessment under paragraph (I)

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 9premium assessment under

paragraph (1) would become due.24

(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.25 °

"' 2P.L. 100-408, § 2(a)(1), (3), (b), 102 Stat. 1066 (1988), the third sentence of paragraph (I) read as follows:

"The Commission shall require licensees that are rcquired 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,". 2

.. P.L. 100-408, § 2(C)(3). 102 Stat. 1066 (1988), 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. 3 P.L. 94-197, § 3, 89 Stat. H 11 (1975), 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
Atomic Enerav Act of 1954 (P.L. 83-703) 117

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 (I) or (2), or the Commission is required to make

reinsurance or guaranteed payments under paragraph (3), the

Commission shall, in order to advance the necessary funds-

(i) request the Congress to appropriate sufficient funds to

satisfy such payments; or

(ii) to the extent approved in appropriation Acts, issue to

the Secretary of the Treasury obligations in such forms and

denominations, bearing such maturities, and subject to such

terms and conditions as may be agreed to by the Commission

and the Secretary of the Treasury.

(B) Except for funds appropriated for purposes of making

reinsurance or guaranteed payments under paragraph (3), any

funds appropriated under subparagraph (A)(i) shall be repaid to

the general fund of the United States Treasury from amounts

made available by standard deferred premium assessments, with

interest at a rate determined by the Secretary of Treasury on the

basis of the current average market yield on outstanding

marketable obligations of the United States of comparable

maturities during the month preceding the date that the funds

appropriated under such subparagraph are made available.

(C) Except for funds appropriate for purposes of making reinsurance or guaranteed payments under paragraph (3), redemption of obligations

issued under subparagraph (A)(ii) shall be made by the Commission from

amounts made available by standard deferred premium assessments.

Securities. Such obligations shall bear interest at a rate determined by the Secretary

of Treasury by taking into consideration the average market yield on

outstanding marketable obligations to the United States of comparable

maturities during the month preceding the issuance of the obligations

under this paragraph. The Secretary of the Treasury shall purchase any

issued obligations, and for such purpose the Secretary of the Treasury

may use as a public debt transaction the proceeds from the sale of any

securities issued under chapter 31 of title 31, United States Code, and the

purposes for which securities may be issued under such chapter are

extended to include any purchase of such obligations. The Secretary of

the Treasury may at any time sell any of the obligations acquired by the

Secretary of the Treasury under this paragraph. All redemptions,

purchases, and sales by the Secretary of the Treasury of obligations under

this paragraph shall be treated as public debt transactions of the United

States.25'

(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.

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. 251

P.L. 100-408, § 2(d)(2), 102 Stat. 1067 (1988), added paragraph (4).
118 Atomic Energy Act of 1954 (P.L. 83-703)

(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. 252

c. INDEMNIFICATION OF NUCLEAR REGULATORY

COMMISSION LICENSEES-The Commission shall, with respect to

licenses issued between August 30, 1954, and December 3 1, 2025,253 for

which it requires financial protection of less than $560,000,000, agree to

indemnify and hold harmless the licensee and other persons indemnified,

as their interest may appear, from public liability arising from nuclear

incidents which is in .excess of the level of financial protection required

of the licensee. The aggregate indemnity for all persons indemnified in

connection with each nuclear incident shall not exceed $500,000,000

excluding costs of investigating and settling claims and defending suits

for damage: Provided, however, That this amount of indemnity shall be

reduced by the amount that the financial protection required shall exceed

$60,000,000. Such a contract of indemnification shall cover public

liability arising out of or in connection with the licensed activity. With

respect to any production or utilization facility for which a construction

permit is issued between August 30, 1954, and December 3 I, 2025,254

the requirements of this subsection shall apply to an6Y license issued for

such facility subsequent to December 3 1, 2025. 2556

d.(I)(A) In addition to any other authority the Secretary of Energy (in

this section referred to as the "Secretary") may have, the Secretary

shall, until December 31, 2025,2'- " 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

252

P.L. 109-58, Title VI, § 608, 119 Stat. 781 (2005), added paragraph (5). 25

.P.L. 108-7, Div. 0, § 101, 117 Stat. 551 (2003), struck out "August 1, 2002" each place it appeared in this

section. P.L. 109-58. Title VI. § 602(a), 119 Stat. 779 (2005), struck out "licenses" and inserted "licensees:" in

the subsection heading and following "August 30, 1954, and", and struck out "December 31, 2003" and

inserted "December 31, 2025". 254

P.L. 109-58, Title VI, § 602(b). 119 Stat. 779 (2005), struck out "December 31, 2003" and inserted

"December 31, 2025." 2

"'P.L. 91-197 §§ 5(a) and (b), 89 Stat. 1111 (1975), 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 I. 1987" for the date "August I, 1977" wherever it appeared.

P.L. 89-210, § I, 79 Stat 855 (1965), had previously amended subsection 170c. Prior to amendment, this

subsection read as follows: c. The commission shall, with respectto licenses issued between August 30, 1954 and August I,

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 I, 1967, the requirements of this subsection shall apply to any license issued

for such facility subsequent to August I, 1967.

Public Law 88-394 (78 Stat. 376) (1964), section 2 had previously amended subsection

170c. By adding the last sentence. 16'P.L. 109-58, Title VI, § 602(b), 119 Stat. 779 (2005), struck out "December 31, 2003" and substituted

"December 31. 2025." 2

.. P.L. 108-375, Div. C, Title XXXI, § 3141, 118 Stat. 2171 (2004). 2

.. P.L. 109-58, Title VI, § 602(b), 119 Stat. 779 (2005), struck out "December 31, 2006" and inserted

"December 31,2025."
Atomic Energy Act of 1954 (P.L. 83-703) 119

financial protection requirements under subsection b. or agreements

of indemnification under subsection c. or k.

Effective date. (B)(i)(1) 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.

(11) The Secretary may incorporate in agreements of

indemnification under subparagraph (A) the provisions

relating to the waiver of any issue or defense as to charitable

or governmental immunity authorized in subsection n. (1) to

be incorporated in agreements of indemnification. Any such

provisions incorporated under this subclause shall apply to

any nuclear incident arising out of nuclear waste activities

subject to an agreement of indemnification under

subparagraph (A).

(ii) Public liability arising out of nuclear waste activities

subject to an agreement of indemnification under subparagraph

(A) that are funded by the Nuclear Waste Fund established in

section 302 of the Nuclear Waste Policy Act of 1982 (42 USC

10222) shall be compensated from the Nuclear Waste Fund in an

amount not to exceed the maximum amount of financial

protection required of licensees under subsection b.

Claims. (2) In an agreements of indemnification entered into under

paragraph (1), the Secretary-

(A) may require the contractor to provide and maintain

financial protection of such a type and in such amounts as the

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

.

59

P.L. 100-408, 102 Stat. 1066, amended subsection 170d.

P.L. 94-197, §§ 5(a) and (b), 89 Stat I I1I(1975), 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."

P.L. 89-210, § 2, 79 Stat 855 (1965), had previously amended the first two sentences of subsection 170d.

Prior to amendment, these sentences read as follows:

d. In addition to any other authority the Commission may have, the Commission is authorized until

August 1, 1967, to enter into agreements of indemnification with its contractors for the construction or operation of production or utilization facilities or other activities under contracts for the benefit of the

United States involving activities under the risk of public liability for a substantial nuclear incident. In

such agreements of indemnification the Commission may require its contractor to provide and maintain

financial protection of such a type and in such amounts as the Commission shall determine to be

appropriate to cover public liability arising out of or in connection with the contractual activity, and shall

indemnify the persons indemnified against such claims above the amount of the financial protection

required, in the amount of $500,000,000 including the reasonable costs of investigating and settling claims

and defending suits for damage in the aggregate for all persons indemnified in connection with such

contract and for each nuclear incident: Provided: That in the case of nuclear incidents occurring outside

the United States, the amount of the indemnity provided by the Commission shall not exceed

$100,000,000.

Public Law 87-615 (76 Stat. 409) (1962), section 6 had previously amended the second sentence of

subsection 170d. by adding the proviso providing that in the case of incidents occurring outside the United

States, the amount of indemnity provided by the Commission shall not exceed $100 million.
120 Atomic Energy Act of 1954 (P.L. 83-703)

the amount of $10,000,000,000 (subject to adjustment for

inflation under subsection t.), in the aggregate, for all persons

indemnified in connection with the contract and for each nuclear

incident, including such legal costs of the contractor as are

approved by the Secretary.

(3) All agreements of indemnification under which the

Department of Energy (or its predecessor agencies) may be required

to indemnify any person under this section shall be deemed to be

amended, on the date of enactment of the Price-Anderson

Amendments Act of 2005, to reflect the amount of indemnity for

public liability and any applicable financial protection required of the

contractor under this subsection.2 61

(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).262

(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 $500,000,000.263

(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.2 6

(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,

26

'P.L. 109-58, Title VI, § 604(a), 119 Stat. 780 (2005), rewrote paragraph (2), which formerly read: "In

agreements of indemnification entered into under paragraph (I), 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." "' P.L. 109-58, Title V1, section 604(b), 119 Stat. 780 (2005), rewrote paragraph (3), which formerly read as

follows:

(3)(A) Notwithstanding paragraph (2), if the maximum amount of financial protection required of

licenses under subsection (b) of this section is increased by the Commission, the amount of indemnity,

together with any financial protection required of the contractor, shall at all times remain equal to or greater than the maximum amount of financial protection required of licensees under subsection (b) of this

section.

(B) The amount of indemnity provided contractors under this subsection shall not, at any time, be

reduced in the event that the maximum amount of financial protection required of licensees is reduced.

(C) All agreements of indemnification under which the Department of Energy (or its predecessor

agencies) may be required to indemnify any person, shall be deemed to be amended on August 20, 1988,

to reflect the amount of indemnity for public liability and any applicable financial protection required of

262 the contractor under this subsection on August 20, 1988. P.L. 100-408, § 4(a), 102 Stat. 1068 (1988). added paragraphs (3) and (4). .

63

Public Law-408 § 4(a), 102 Stat, 1068 (1988), 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".

"P.L. 100-408, § 4(a), 102 Stat. 1068 (1988), 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."
Atomic Energy Act of 1954 (P.L. 83-703) 121

and no immunity or defense founded in the Federal, State, or

municipal character of the contractor or of the work to be performed

under the contract shall be effective to bar such liability.265

e. Limitation On Aggregate Public Liability.-(I) 26 6 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.(l)(D), shall not exceed-

(A) in the case of facilities designed for producing substantial

amounts of electricity and having a rated capacity of 100,000

electrical kilowatts or more, the maximum amount of financial

protection required of such facilities under subsection b. (plus any

surcharge assessed under subsection o.( I )(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 "267 that may be

required under paragraph (2) of subsection d." , 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.268

(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).269

265

P.L. 100-408, § 4(a), 102 Stat. 1068 (1988), designated the existing fourth sentence of subsection (D) as paragraph (7) and, in paragraph (7) as so designated, substituted "executed under paragraph (])(A)" for "executed" 266 and "indemnified under this subsection" for "indemnified under this section." P.L. 100-408, § 2(C)(3), 102 Stat. 1066 (1988), struck out the fifth and sixth sentences of existing

paragraph (I), which had authorized the Commissioner to establish a minimum amount that the aggregate

deferred premiums charged for each facility within one calendar year could not exceed and which had

authorized the Commissioner to establish amounts less than the standard premium for individual facilities

taking into account such factors as the facility's size, location, and other factors pertaining to the hazard. See

paragraph (2) for successor provisions.

P.L. 109-58, Title VI, § 604(C), 119 Stat. 780 (2005), 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;".

6P.L. 100-408, § 6, 102 Stat. 1070 (1988), added new language to paragraph (2). Paragraph (2) formerly

read: "In the event of a nuclear incident involving damages in excess of the amount of aggregate public

liability under paragraph (I), the Congress will thoroughly review the particular incident in accordance with

the procedures set forth in subsection I 70i 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." 2

'"P.L. 100-408, § 6, 102 Stat. 1070 (1988), added paragraph (3).
Contracts.

Private

insurance

organizations.

Use of services.

41 USC 252 (c)

(See 41 USC

260 (b)).

Terms of

settlement.

122 Atomic Energy Act of 1954 (P.L. 83-703)

(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 $500,000,00027°,

together with the amount of financial protection required of the

contractor.

f. Collection of Fees by Nuclear Regulatory Commission 27'-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

increases in financial protection required above a level of $60,000,000.

For facilities licensed under section 104, and for construction permits

under section 185, the Commission is authorized to reduce the fee' set

forth above. The Commission shall establish criteria in writing for

determination of the fee for facilities licensed under section 104, taking

into consideration such factors as (1) the type, size, and location of

facility involved, and other factors pertaining to the hazard, and (2) the

nature and purpose of the facility. For other licenses, the Commission

shall collect such nominal fees as it deems appropriate. No fee under this

subsection shall be less than $100 per year.273

g. Use of Services of Private Insurers273-1n administering the

provisions of this section, the Commission or the Secretary, as

appropriate, shall use, to the maximum extent practicable, the facilities

and services of private insurance organizations, and the Commission or

the Secretary, as appropriate, may contract to pay a reasonable

compensation for such services. Any contract made under the provisions

of this subsection may be made without regard to the provisions of

section 3709 of the Revised Statutes (41 USC 5), as amended, upon a

showing by the Commission or the Secretary, as appropriate, that

advertising is not reasonably practicable and advance payments may be

made.

h. Conditions of Agreements of Indemnification 274

-The agreement of

indemnification may contain such terms as the Commission or the

Secretary, as appropriate, deems appropriate to carry out the purposes of

this section. Such agreement shall provide that, when the Commission or

the Secretary, as appropriate, makes a determination that the United

States will probably be required to make indemnity payments under this

section, the Commission or the Secretary, as appropriate, shall

collaborate with any person indemnified and may approve the payment

of any claim under the agreement of indemnification, appear through the

Attorney General on behalf of the person indemnified, take charge of

27

.P.L. 109-58, Title VI, § 605(b), 119 Stat. 781 (2005). struck out "$100,000,000" and inserted

"$500,000,000" following "shall not exceed." ,"P.L. 100-408, § 16(e)(4), 102 Stat. 1080 (1988), inserted subsection heading "Collection of Fees by Nuclear

Regulatory Commission." 272

P.L. 100.408, 102 Stat. 1066 (1988), amended subsection 170f by adding "or the Secretary, as appropriate."

P.L. 94-197, § 7, 89 Slat. 1111 (1975), amended subsection 170f by adding the proviso to the second sentence. 27

"P.L. 100-408, § 16(e)(5), 102 Stat. 1081 (1988), inserted subsection heading "Use of Services of Private

2Insurers." 74

P.L. 100-408, § 16(e)(6), 102 Stat. 1081 (1988), inserted subsection heading "Conditions of Agreements of

Indemnification."
Atomic Enerav Act of 1954 (P.L. 83-703) 123

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 e xenses in connection with the claim

incurred by the person indemnified.2

i. Compensation Plans. 276

-(l) 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

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.

(I) 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.(I),

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) I 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.

'"P.L. 100-408, § 2(C)(3), 102 Stat. 1066 (1988), struck out the fifth and sixth sentences of existing paragraph (I), which had authorized the Commissioner to establish a minimum amount that the aggregate deferred premiums charged for each facility within one calendar year could not exceed and which had

authorized the Commissioner to establish amounts less than the standard premium for individual facilities

taking into account such factors as the facility's size, location, and other factors pertaining to the hazard. See

paragraph (2) for successor provisions. 7P.L. 100-408, §7(a), 102 Stat. 1071 (1988), inserted subsection heading "Compensation Plans."
124 Atomic Energy Act of 1954 (P.L. 83-703)

(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

(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.
Atomic Enerav. Act of 1954 (P.L. 83-703) 125

(iii) If the motion to discharge is agreed to or disagreed to

the motion may not be renewed, nor may another motion to

discharge the committee be made with respect to any other

resolution with respect to the same compensation plan.

(E)(i) When the committee has reported, or has been

discharged from further consideration of, a resolution, it shall be

at any time thereafter in order (even though a previous motion to

the same effect has been disagreed to) to move to proceed to the

consideration of the resolution. The motion shall be highly

privileged and shall not be debatable. An amendment to the

motion shall not be in order, and it shall not be in order to move to

reconsider the vote by which the motion was agreed to or

disagreed to.

(ii) Debate on the resolution referred to in clause (i) of this

subparagraph shall be limited to not more than ten hours,

which shall be divided equally between those favoring and

those opposing such resolution. A motion further to limit

debate shall not be debatable. An amendment to, or motion to

recommit, the resolution shall not be in order, and it shall not

be in order to move to reconsider the vote by which such

resolution was agreed to or disagreed to.

(F)(i) Motions to postpone, made with respect to the discharge

from committee, or the consideration of a resolution or motions to

proceed to the consideration of other business, shall be decided

without debate.

(ii) Appeals from the decision of the Chair relating to the

application of the rules of the Senate to the procedures relating

to a resolution shall be decided without debate.277

Contracts in j. Contracts in Advance of Appropriations 278

-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 If 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 3 1, 2025279, for which the Commission

grants such exemption:

(I) 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;'80

2 7

27 P.L. 100-408, § 2(C)(4), 102 Stat. 1066 (1988), added paragraph (2). .P.L. 100-408, § 16(e)(7), 102 Stat. 1081 (1988), inserted subsection heading "Contracts in Advance of

Appropriations." 279p.L. 109-58, Title VI, § 602(C), 119 Stat 779 (2005), following "'August 30, 1954, and" struck out

"August I, 2002" and inserted "December 31, 2025."

"See P.L. 100-408, § 8(a)(2), 102 Stat. 1074 (1988).
126 Atomic Energy Act of 1954 (P.L. 83-703)

(2) such contracts of indemnification shall cover public liability

arising out of or in connection with the licensed activity; and shall

include damage to property of persons indemnified, except property

which is located at the site of and used in connection with the activity

where the nuclear incident occurs; and

(3) such contracts of indemnification, when entered into with a

licensee having immunity from public liability because it is a State

agency, shall provide also that the Commission shall make payments

under the contract on account of activities of the licensee in the same

manner and to the same extent as the Commission would be required

to do if the licensee were not such a State agency.

Any licensee may waive an exemption to which it is entitled under

this subsection. With respect to any production or utilization facility for

which a construction permit is issued between August 30, 1954, and

December 31, 202528 , the requirements of this subsection shall apply to

any license issued for such facility subsequent to December 31, 2025.282

I. Presidential Commission On Catastrophic Nuclear Accidents.-

(1) Not later than 90 days after the date of the enactment of the

Price-Anderson Amendments Act of 1988, the President shall

establish a commission (in this subsection referred to as the "study

commission") in accordance with the Federal Advisory Committee

Act (5 USC App.) to study means of fully compensating victims of a

catastrophic nuclear accident that exceeds the amount of aggregate

public liability under subsection e.(l).

(2)(A) The study commission shall consist of not less than 7 and

not more than I I 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.

(P) 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.

2

"P.L. 109-58, Title Vi, § 602(C), 119 Stat 779 (2005), following "August 30, 1954, and" struck out "August 22002" and inserted "December 31, 2025." P.I,. 85-744, 72 Stat. 837 (1958), amended section 170 by adding new subsection k.

P.L. 88-394, § 3, 78 Stat. 376 (1964), amended subsection 170k by adding the last sentence.

P.L. 89-210, § 4, 79 Stat. 855 (1965), amended subsection 170k by amending the date "August I, 1967"

wherever it appeared to "August I, 1977."

P.L. 94-197, § 10, 89 Stat. I111 (1975), amended subsection 170k by substituting the date "August I,

1987" for the date "August 1, 1977" wherever it appeared and by substituting the word "excluding" for the

words "including the reasonable." 2

.. P.L. 109-58, Title VI, § 602(C), 119 Stat 779 (2005), following "August 30, 1954, and" struck out "August

1, 2002" and inserted "December 31, 2025."
Atomic Energy Act of 1954 (P.L. 83-703) 127

Atmi Eery c of 194(.8373 2

Repot's. (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.(I), and shall submit to the Congress a final report

setting forth-

(A) recommendations for any changes in the laws and rules

governing the liability or civil procedures that are necessary for

the equitable, prompt, and efficient resolution and payment of all

valid damage claims, including the advisability of adjudicating

public liability claims through an administrative agency instead of

the judicial system;

(B) recommendations for any standards or procedures that are

necessary to establish priorities for the hearing, resolution, and

payment of claims when awards are likely to exceed the amount

of funds available within a specific time period; and

(C) recommendation for any special standards or procedures

necessary to decide and pay claims for latent injuries caused by

the nuclear incident.

(4)(A) The chairperson of the study commission may appoint and

fix the compensation of a staff of such persons as may be necessary to

discharge the responsibilities of the study commission, subject to the

applicable provisions of the Federal Advisory Committee Act (5 USC

App.) and title 5, United States Code.

(B) To the extent permitted by law and requested by the

chairperson of the study commission, the Administrator of

General Services shall provide the study commission with

necessary administrative services, facilities, and support on a

reimbursable basis.

(C) The Attorney General, the Secretary of Health and Human

Services, and the Administrator of the Federal Emergency

Management Agency shall, to the extent permitted by law and

subject to the availability of funds, provide the study commission

with such facilities, support, funds and services, including staff, as

may be necessary for the effective performance of the functions of

the study commission.

(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.
128 Atomic Energy Act of 1954 (P.L. 83-703)

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.284

Emergency m. Coordinated Procedures for Prompt Settlement of Claims and

Assistance Emergency Assistance 28

5-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.286

Waiver of n. Waiver of Defenses and Judicial Procedures287_

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 which-

(A) arises out of or results from or occurs in the course of the

construction, possession, or operation of a production or

utilization facility, (B) arises out of or results from or occurs in the course of

transportation of source material, by-product material, or special

nuclear material to or from a production of utilization facility,

(C) during the course of the contract activity arises out of or

results from the possession, operation, or use by a Department of

Energy contractor or subcontractor of a device utilizing special

nuclear material or by-product material,

(D) arises out of, results from, or occurs in the course of, the

construction, possession, or operation of any facility licensed

under section 53, 63, or 81, for which the Commission has

imposed as a condition of the license a requirement that the

licensee have and maintain financial protection under subsection

a.,

(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

2

. 4P.L. 100-408, § 4(a), 102 Stat. 1068) (1988), inserted immediately following the subsection designation

2.0)" in the original a subsection heading "Indemnification of contractors by Department of Defense."

P.L. 100-408, § 16(e)(9), 102 Stat. 1081 (1988), inserted subsection heading "Coordinated Procedures for

Prompt 2 Settlement of Claims and Emergency Assistance."

M6

P.L. 100-408, § 4(a), 102 Stat. 1068 (.1988). added paragraphs (3) and (4).

.. 7P.L. 100-408, § 16(e)(10), 102 Stat. 1081 (1988), inserted subsection heading "Waiver of Defenses and

Judicial Procedures."
Atornic Energv Act of 1954 (P.L. 83-703) 129

(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

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 chiefjudge 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,

i'f-
130 Atomic Energy Act of 1954 (P.L. 83-703)

(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. 288

Allocation of o. Plan For Distribution Of Funds.-(]) Whenever the United States

funds. district court in the district where a nuclear incident occurs, or the United

States District Court for the District of Columbia in case of a nuclear

incident occurring outside the United States, determines upon the petition

of any indemnitor or other interested person that public liability from a

single nuclear incident may exceed the limit of liability under the

applicable limit of liability under subparagraph (A), (B), or (C) of

subsection e.(l):

42 USC 2210. (A) Total payments made by or for all indemnitors as a result of

such nuclear incident shall not exceed 15 per centum of such limit of

liability without the prior approval of such court;

(B) The court shall not authorize payments in excess of 15 per

centum of such limit of liability unless the court determines that such

payments are or will be in accordance with a plan of distribution

which has been approved by the court of such payments are not likely

to prejudice the subsequent adoption and implementation by the court

or a plan of distribution pursuant to subparagraph (C); and

(C) The Commission or the Secretary, as appropriate, shall, and

any other indemnitor or other interested person may, submit to such

2

.P.L. 100-408, § 4(a), 102 Stat. 1068 (1988). 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."
Atomic Energy Act of 1954 (P.L. 83-703) 131

district court a plan for the disposition of pending claims and for the

distribution of remaining funds available. Such a plan shall include

an allocation of appropriate amounts for personal injury claims,

property damage claims, and possible latent injury claims which may

not be discovered until a later time and shall include establishment of

priorities between claimants and classes of claims, as necessary to

insure the most equitable allocation of available funds. Such court

shall have all power necessary to approve, disapprove, or modify

plans proposed, or to adopt another plan; and to determine the

proportionate share of funds available for each claimant. The

Commission or the Secretary, as appropriate, any other indemnitor,

and any person indemnified shall be entitled to such orders as may be

appropriate to implement and enforce the provisions of this section,

including orders limiting the liability of the persons indemnified,

orders approving or modifying the plan, orders staying the payment

of claims and the execution of court judgments, orders apportioning

the payments to be made to claimants, and orders permitting partial

payments to be made before final determination of the total claims.

The orders of such court shall be effective throughout the United

States.

(D) A court may authorize payment of only such legal costs as are

permitted under paragraph (2) from the amount of financial protection

required by subsection b.

(E) If the sum of public liability claims and legal costs authorized

under paragraph (2) arising from any nuclear incident exceeds the

maximum amount of financial protection required under subsection

b., any licensee required to pay a standard deferred premium under

subsection b.(I) shall, in addition to such deferred premium, be

charged such an amount as is necessary to pay a pro rata share of

such claims and costs, but in no case more than 5 percent of the

maximum amount of such standard deferred premium described in

such subsection.

(2) A court may authorize the payment of legal costs under paragraph (1)(D) only if the person requesting such payment has-

(A) submitted to the court the amount of such payment requested;

and

(B) demonstrated to the court-

(i) that such costs are reasonable and equitable; and

(ii) that such person has-

(1) litigated in good faith;

(11) avoided unnecessary duplication of effort with that of

other parties similarly situated;

(Ill) not made frivolous claims or defenses; and

(IV) not attempted to unreasonably delay the prompt

settlement or adjudication of such claims.'79

p. Reports To Congress.-The Commission and the Secretary shall

submit to the Congress by December 31, 2021290, detailed reports

2

.. P.L. 100-408, 102 Stat. 1066 (1988), added 170 subsection olD and E and subsection o2. P.L. 89-645, § 3,

80 Stat. 891 (1966), amended section 170 by adding new subsection o. P.L. 94-197, § 13, 89 Stat. 111 (1975),

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.". "

9

'Public Law 109-58, Title VI, section 606, 119 Stat. 781, August 8, 2005, struck out "August I, 1998" and

inserted "December 3 1, 2021" following "to the Congress by"; Pub.L. 109-295, Title VI, § 612(c), 120 Stat.
132 Atomic Energy Act of 1954 (P.L. 83-703)

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.29'

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.-(l) The Commission shall adjust the amount

of the maximum total and annual 292 standard deferred premium under

subsection b.(l) not less than once during each 5-year period following

August 20, 2003293 in accordance with the aggregate percentage change

in the Consumer Price Index since-2 94

(A) August 20, 2003,295 in the case of the first adjustment

under this subsection; or

(B) the previous adjustment under this subsection.

(2) The Secretary shall adjust the amount of indemnification

provided under an agreement of indemnification under subsection d.

not less than once during each 5-year period following July 1, 2003,

in accordance with the aggregate percentage change in the Consumer

Price Index since-

(A) that date, in the case of the first adjustment under this

paragraph; or

(B) the previous adjustment under this paragraph.

(3) For purposes of this subsection, the term "Consumer Price

Index" means the Consumer Price Index for all urban consumers

published by the Secretary of Labor.296

1410 substituted "Administrator of the Federal Emergency Management Agency" in place of "Director of

Federal Emergency Management Agency." 2

'"P.L. 100-408, § 4(a), 102 Stat. 1068 (1988), designated the existing fourth sentence of subsection (D) as paragraph (7) and, in paragraph (7) as so designated, substituted "executed under paragraph (1)(A)" for "executed" and "indemnified under this subsection" for "indemnified under this section." 2

. 2P.L. 109-58, Title VI, §§ 603(2)(A), (B), 119 Stat. 780 (2005). 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. 2

"'P.L. 108-375, Div. C, Title XXXI, § 3141, subsection (D)(1)(A), 118 Stat. 2171, in subparagraph (A)

substituted "until December 31, 2006" for until "December 31, 2004." "'4

1n accordance with the aggregate percentage change in the Consumer Price Index, as of April 2008, the new maximum total deferred premium is $111,900,000, and the maximum annual deferred premium is $17,500,000

ý73 Fed. Reg. 56451; September 29, 2008).

"P.L. 109-58, Title VI, § 603(2)(C), 119 Stat. 780 (2005), struck out "August 20, 1988" and inserted

"August 20, 2003." 2 6

P.L. 109-58, Title VI, § 607, 119 Stat. 781 (2005), redesignated former paragraph (2) as (3) and inserted a new paragraph (2).
Atomic Enerp-v Act of 1954 (P.L. 83-703) 133

42 USC 2210a.

Conflict of

interest.

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-

(I) 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. EVALUATION 297 -

(1) IN GENERAL 298

-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)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.3 °'

297

P.L. 109-58, Title VI, § 639(2), 119 Stat. 794 (2005), struck out the editorially-supplied heading and

inserted "(b) Evaluation." 2

.. Public Law 109-58, Title VI, sectiom 639(2), 119 Stat. 794, August 8, 2005, added paragraph (1) by

inserting "(I) In general" following the subsection (b) heading, and redesignated former paragraph (I) as

subparagraph (A). 299

P.L. 109-58, Title VI, § 639(2), 119 Stat. 794 (2005), struck out "the Commission" and inserted "except as

provided in paragraph (2), the Nuclear Regulatory Commission." P•P.L.. 109-58, Title V1, § 639(3), 119 Stat. 794 (2005), added paragraph (2). 3

t"'P.L. 109-58, Title VI, § 639(I), 119 Stat. 794 (2005), redesignated former paragraphs (1) and (2) as

subparagraphs (A) and (B), respectively.
134 Atomic Energy Act of 1954 (P.L. 83-703)

Publication. 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.302

42 USC 22 1Ob. See. 170B. Uranium Supply

42 USC 2231. a. The Secretary of Energy shall monitor and for the years 1983 to

Report to 1992 report annually to the Congress and to the President a determination

Congress and of the viability of the domestic uranium mining and milling industry and

President. 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

Regulations. 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.

Proprietary b. Upon a satisfactory showing to the Secretary of Energy by any

information, person that any information, or portion thereof obtained under this

disclosure. 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.

Criteria. 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

37V2 percent of actual or projected domestic uranium requirements for

any two-consecutive-year period being supplied by source material or

special nuclear material from foreign sources;

(2) projections of uranium requirements and inventories of

domestic utilities for a 10 year period;

(3) present and probable future use of the domestic market by

foreign imports;

(4) whether domestic economic reserves can supply all future

needs for a future 10 year period;

(5) present and projected domestic uranium exploration

expenditures and plans;

(6) present and projected employment and capital investment in

the uranium industry;

(7) the level of domestic uranium production capacity sufficient

to meet projected domestic nuclear power needs for a 10 year period;

and

(8) a projection of domestic uranium production and uranium

price levels which will be in effect under various assumptions with

respect to imports.

Imported d. The Secretary of Energy, at any time, may determine on the basis

material, of the monitoring and annual reports required under this section that

impact on source material or special nuclear material from foreign sources is being

domestic imported in such increased quantities as to be a substantial cause of

industry and serious injury, or threat thereof, to the United States uranium mining and

national milling industry. Based on that determination, the United States Trade

security. Representative shall request that the United States International Trade

•

2P.L. 95-601, § 8(a), 92 Star. 2950 (1978), added to a new section 170A.
Atomic Energy Act of 1954 (P.L. 83-703) 135

Investigations.

42 USC 2210e.

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 37/, 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 .

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.-

(I) in a position of the Commission for which there is exceptional

difficulty in recruiting or retaining a qualified employee; or

(2) when a temporary emergency hiring need exists.

b. PROCEDURES.-The Commission shall prescribe procedures for

the exercise of authority under this section, including-

(1) criteria for any exercise of authority; and

(2) procedures for a delegation of authority.

c. EFFECT OF WAIVER.-An employee as to whom a waiver under

this section is in effect shall not be considered an employee for purposes

of subchapter 11 of chapter 83, or chapter 84, of title 5, United States

Code." 4

31

J

3 304P.L. 97415, § 23(b)(I), amended chapter 14 to include a new section 170B.

P.L. 109-58 § 624(a), 119 Stat. 783 (2005), added new section 170C.
42 USC 221Od.

Deadline.

42 USC 2210e.

D)eadlines.

136 Atomic Energy Act of 1954 (P.L. 83-703)

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

g ear. 305

ec. 170E. Design Basis Threat Rulemaking a. RULEMAKING.-The Commission shall-

(I) 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-

(I) the events of September I1, 2001;

(2) an assessment of physical, cyber, biochemical, and other

terrorist threats;

(3) the potential for attack on facilities by multiple coordinated

teams of a large number of individuals;

(4) the potential for assistance in an attack from several persons

employed at the facility;

(5) the potential for suicide attacks;

3

""P.L. 109-58, § 651(a)(I), 119 Stat. 799 (2005), added new section 170D.
137

42 USC 2210f.

42 USC 2210g.

Atomic. Enerv Act of 1954 (P L 83-703) 3

(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. 306

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

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 308 dependents of the employees serving in foreign countries.

3wP.L. 109-58, section 651(a)(]), 119 Stat. 799, August 8, 2005, added new section 170E.

P.L. 109-58 states the following:

(3) FEDERAL SECURITY COORDINATORS.-

(A) REGIONAL OFFICES.-Not later than 18 months after the date of enactment of

this Act, the Nuclear Regulatory Commission (referred to in this section as the

"Commission") shall assign a Federal security coordinator, under the employment of the

Commission, to each region of the Commission.

(B) RESPONSIBIIITIES.-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

3 supply within the 10-mile emergency planning zone of the power plant is lost. "7

P.L. 109-58, § 651(c)(2), 119 Stat. 801 (2005), added new section 170F. 3

"P.L. 109-58, § 651(c)(3), 119 Stat. 801 (2005), added new section 170G.
138 Atomic Energy Act of 1954 (P.L. 83-703)

42 USC 2210h, 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 I 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

(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.

Deadline. c. TRACKING SYSTEM.-

Regulations. (1)(A) Not later than I 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
Atomic Energy Act of 1954 (P.L. 8 3-703) 139

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.-

Deadline. (1) Not later than 60 days after the date of enactment of this

Contracts. 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 (I) shall include a review of uses

of radiation sources in existence on the date on which the study is

conducted, including an identification of any industrial or other

process that-

(A) uses a radiation source that could be replaced with an

economically and technically equivalent (or improved) process

that does not require the use of a radiation source; or

(B) may be used with a radiation source that would pose a

lower risk to public health and safety in the event of an accident

or attack involving the radiation source.

Deadline. (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.-

Establishment. (1) There is established a task force on radiation source protection

and security (referred to in this section as the 'task force').

(2)(A) The chairperson of the task force shall be the Chairperson of

the Commission (or a designee)..

(B) The membership of the task force shall consist of the

following:

(i) The Secretary of Homeland Security (or a designee).

(ii) The Secretary of Defense (or a designee).

(iii) The Secretary of Energy (or a designee).

(iv) The Secretary of Transportation (or a designee).

(v) The Attorney General (or a designee).

(vi) The Secretary of State (or a designee).

(vii) The Director of National. Intelligence (or a designee).

(viii) The Director of the Central Intelligence Agency (or a

designee).

(ix) The Administrator of the Federal Emergency Management

Agency (or a designee).

(x) The Director of the Federal Bureau of Investigation (or a

designee).

(xi) The Administrator of the Environmental Protection Agency

(or a designee).
140 Atomic Energy Act of 1954 (P.L. 83-703)

(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 I year after the date of enactment of this

Reports. section, and not less than once every 4 years thereafter, the task force

shall submit to Congress and the President a report, in unclassified form

with a classified annex if necessary, providing recommendations,

including recommendations for appropriate regulatory and legislative

changes, for-

(i) a list of additional radiation sources that should be required to

be secured under this Act, based on the potential attractiveness of the

sources to terrorists and the extent of the threat to public health and

safety of the sources, taking into consideration-

(1) radiation source radioactivity levels;

(II) radioactive half-life of a radiation source;

(Il1) 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)(1) any alternative technologies available as of the date on

which the report is submitted that may perform some or all of the

functions performed by devices or processes that employ radiation

sources; and

(11) 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;
Atomic Energv Act of 1954 (P.L. 83-703) 141

(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.

Deadline. 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.

309

42 JSC 221Oi. 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

Procedures the United States by any party pursuant to an import or export license

issued pursuant to this Act, are accompanied by a manifest describing

the type and amount of materials being transferred or received. Each

individual receiving or accompanying the transfer of such materials

shall be subject to a security background check conducted by

appropriate Federal entities.

b. Except as otherwise provided by the Commission by regulation,

the materials referred to in subsection a. are byproduct materials,

source materials, special nuclear materials, high-level radioactive

waste, spent nuclear fuel, transuranic waste, and low-level radioactive

waste (as defined in section 2(16) of the Nuclear Waste Policy Act of

1982 (42 U.S.C. 10 10 1( 16 )).i"

'"P.L. 109-58, § 651(d)(1), 119 Stat. 802 (2005), added new section 170H; P.L. 109-295, Title VI, § 612(c),

120 Stat. 1410, substituted "Administrator of the Federal Emergency Management Agency" in place of

"Director of Federal Emergency Management Agency."

"'Public Law 109-58, section 656(a), 119 Stat. 813 (2005), added new sections 1701 a and b. P.L. 109-58

states the following:

(b) REGULATIONS.-Not later than 1 year after the date of the enactment of this Act, and from time to time

thereafter as it considers necessary, the Nuclear Regulatory Commission shall issue regulations identifying

radioactive materials or classes of individuals that, consistent with the protection of public health and safety

and the common defense and security, are appropriate exceptions to the requirements of section 170D)31 ' of the

Atomic Energy Act of 1954, as added by subsection (a) of this section.
142 Atomic Energy Act of 1954 (P.L. 83-703)

Chapter 15-Compensation For Private Property Acquired

42 uSC 2221. Sec. 171. Just Compensation

Just The United States shall make just compensation for any property or

compensation. 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, 313 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.

42 USC 2222. Sec. 172. Condemnation Of Real Property

Condemnation of Proceedings for condemnation shall be instituted pursuant to the

real property. provisions of the Act approved August I, 1988, as amended and section

40 USC 3113, 1403 of title 28 of the United States Code. The Act approved February

3116. 3117, 3118. 26, 193 1, as amended, shall be applicable to any such proceedings.

42 USC 2223. Sec. 173. Patent Application Disclosures

Patent In the event that the Commission communicates to any nation any

application Restricted Data based on any patent application not belonging to the

disclosures. 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 Claims 3t 4 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.

42 USC 2224. See. 174. Attorney General Approval Of Title

Attorney All real property acquired under this Act shall be subject to the

General provisions of section 355 of the Revised Statutes, as amended: Provided,

approval of however, That real property acquired by purchase or donation, or other

title, 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

40 USC 3111. those cases where the President determines that such action is required in

the interest of the common defense and security.

(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. ...P.L. 88-489, § 17, 78 Stat. 602 (1964), deleted the phrase "52 (with respect to the material for which the

United States is required to pay just compensation)," after 43.

"'P.L. 88-489, §17.78 Stat. 602 (1964), added 55.

"'P.L. 102-572, § 902(b)(1), 106 Stat. 4516, states: Reference to "United States Claims Court" shall be

deemed to refer to the "United States Court of Federal Claims." ' 4

P.L. 102-572, § 902(b)(1). 106 Stat. 4516, states: Reference to "United States Claims Court" shall be

deemed to refer to the "United States Court of Federal Claims."
Atomic Energy Act of 1954 (P.L. 83-703) 143

Chapter 16-Judicial Review And Administrative Procedure

42 USC 2231. Sec. 181. General

General. The provisions of the Administrative Procedure Act (Public Law 404,

Seventy-ninth Congress, approved June II, 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

1473"5 or information protected from dissemination under authority of

section 148316 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 2232. Sec. 182. License Applications

License a. Each application for a license hereunder shall be in writing and

applications, shall specifically state such information as the Commission, by rule or

regulation, may determine to be necessary to decide such of the technical

and financial qualifications of the applicant, the character of the

applicant, the citizenship of the applicant, or any other qualifications of

the applicant as the Commission may deem appropriate for the license. In

connection with applications for licenses to operate production or

utilization facilities, the applicant shall state such technical

specifications, including information of the amount, kind, and source of

special nuclear material required, the place of the use, the specific

characteristics of the facility, and such other information as the

Commission may, by rule or regulation, deem necessary in order to

enable it to find that the utilization or production of special nuclear

material will be in accord with the common defense and security and will

provide adequate protection to the health and safety of the public. Such

technical specifications shall be a part of any license issued. The

Commission may at any time after the filing of the original application,

and before the expiration of the license, require further written statements

in order to enable the Commission to determine whether the application

should be granted or denied or whether a license should be modified or

revoked. All applications and statements shall be signed by the applicant

or licensee. Applications for, and statements made in connection with,

licenses under sections 103 and 104 shall be made under oath or

315

Public Law 96-295, section 207(b)(2), 94 Stat. 789 (1980), 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. 6P.L. 97-90, § 210(b), 95 Stat. 1163 (1981), amended section 181 (42 U.S.C 2231) as follows:

(I) 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."
144 Atomic Energy Act of 1954 (P.L. 83-703)

affirmation. The Commission may require any other applications or

statements to be made under oath or affirmation.' 7

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 disclosure 18

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

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. 319

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.

42 USC 2233. Sec. 183. Terms Of Licenses

Terms of Each license shall be in such form and contain such terms and

licenses, conditions as the Commission may, by rule or regulation, prescribe to

effectuate the provisions of this Act, including the following provisions:

"'P.L. 84-1006, § 5, 70 Stat. 1069, 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."

"'P.L. 85-256, § 6, 71 Stat. 576 (1957), added subsection b and relettered former subsections b and c as subsections c and d.

P.L. 87-615, § 3, 76 Stat. 409 (1962), amended subsection b. Before amendment, it read:

b. The Advisory Committee on Reactor Safeguards shall review each application under section 103 or 104b. for a license for a facility, any application under section 104c. for a testing facility, any application under

section 104a. or c. specifically referred to it by the Commission, and shall submit a report thereon, which shall

be made part of the record of the application and available to the public, except to the extent that security

classification prevents disclosure.

"l'P.L. 91-560, section 9. 84 Stat. 1.472 (1970), 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 alter the last notice,
Atomic Energy Act of 1954 (P.L. 83-703) 145

42 USC 2234.

Inalienability

of licenses.

42 USC 2235.

Construction

permits.

b.3'

0 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 morthage, pledge, or other lien upon any facility or special

nuclear material, 3

- owned or thereafter acquired by a licensee, or upon

any leasehold or other interest to such facility,322 and the rights of the

creditors so secured may thereafter be enforced by any court subject to

rules and regulations established by the Commission to protect public

health and safety and promote the common defense and security.

Sec. 185. Construction Permits And Operating Licenses a. All applicants for licenses to construct or modify production or utilization facilities shall, if the application is otherwise acceptable to the

Commission, be initially granted a construction permit. The construction

permit shall state the earliest and latest dates for the completion of the

construction or modification. Unless the construction or modification of

the facility is completed by the completion date, the construction permit

shall expire, and all rights thereunder be forfeited, unless upon good

cause shown, the Commission extends the completion date. Upon the

completion of the construction or modification of the facility, upon the

filing of any additional information needed to bring the original

application up to date, and upon finding that the facility authorized has

been constructed and will operate in conformity with the application as

amended and in conformity with the provisions of this Act and of the

rules and regulations of the Commission, and in the absence of any good

cause being shown to the Commission why the granting of a license

would not be in accordance with the provisions of this Act, the

Commission shall thereupon issue a license to the applicant. For all other

purposes of this Act, a construction permit is deemed to be a "license."

b. After holding a public hearing under section 189a.(1)(A), the

Commission shall issue to the applicant a combined construction and

operating license if the application contains sufficient information to

support the issuance of a combined license and the Commission

determines that there is reasonable assurance that the facility will be

constructed and will operate in conformity with the license, the

provisions of this Act, and the Commission's rules and regulations. The

Commission shall identify within the combined license the inspections,

32

"P.L. 88-489, § 18, 78 Stat. 602 (1964), 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.' "

2

'P.L. 88-489, § 19, 78 Stat. 602 (1964), added "or special nuclear material." ...P.L. 88-489, § 19, 78 Stat. 602 (1964), substituted the word "facility" for the word "property."
146 Atomic Energy Act of 1954 (P.L. 83-703)

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 I 89a.(I)(B). 323

42 USC 2236. Sec. 186. Revocation

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.

5 USC 558(b). b. The Commission shall follow the provisions of section 9(b) of the

Administrative Procedure Act in revoking any license.

5 USC 551. c. Upon revocation of the license, the Commission may immediately

retake possession of all special nuclear material held by the licensee. In

cases found by the Commission to be of extreme importance to the

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

Commission may recapture any special 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.

42 USC 2237. Sec. 187. Modification Of License

Modification of The terms and conditions of all licenses shall be subject to

license, 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.

42 USC 2238. Sec. 188. Continued Operation Of Facilities

Continued Whenever the Commission finds that the public convenience and

operation of necessity or the production program of the Commission requires

facilities, 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.

323

P.L. 102-486, 106 Stat. 3120 (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.
Atomic Energv Act of 1954 (P.L. 83-703) 147

42 USC 2239.

Hearings and

judicial review.

Federal

Register

Publication.

Sec. 189. Hearings And Judicial Review a. (])(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.324

(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

.

24

P.L. 87-615 section 2, (76 Slat. 409) (1962), amended this section. Before amendment, it read:

SEC. 189. HEARINGS AND JUDICIAL REVIEW.-

a. In any proceeding under this Act, for the granting, suspending, revoking, or amending of any license or

construction permit, or application to transfer control, and in any proceeding for the issuance or modification

of rules and regulations dealing with the activities of licensees, and in any proceeding for the payment of

compensation, an award or royalties under section 153, 157, 186c., or 188, the Commission shall grant a

hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any

such person as a party to such proceeding. The Commission shall hold a hearing after thirty days notice and

publication once in the Federal Register on each application under section 103 or 104b. for a license for a facility, and on any application under section 104c. for a license for a testing facility.

P.L. 85-256, § 7, 71 Stat. 576 (1957), had previously amended section 189a by adding the last sentence

thereof.

P.L. 102-486, 106 Slat. 3120, added a subparagraph designator (A), to section 189a(1) and added a new subsection (B)(i).
148 Atomic Energy Act of 1954 (P.L. 83-703)

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). 325

(2)(A) The Commission may issue and make immediately

effective any amendment to an operating license or any amendment

to a combined construction and operating license, upon a

determination by the Commission that such amendment involves no

significant hazards consideration, notwithstanding the pendency

before the Commission of a request for a hearing from any person.

Such amendment may be issued and made immediately effective in

advance of the holding and completion of any required hearing. In

determining under this section whether such amendment involves no

significant hazards consideration, the Commission shall consult with

the State in which the facility involved is located. In all other respects

such amendment shall meet the requirements of this Act.

(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

Notice

publication.

Regulations

establishing

standards,

criteria,

and procedures.

"

25

P.L. 102-486, 106 Stat. 3121 (1992), amends section 189a(2) of the Atomic Energy Act of 1954 (42 U.S.C.

2239 (a)(2)) 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(l)(b) of the Atomic Energy Act of 1954, as added by sections 2801 and

2802 of this Act, shall apply to all procecedings involving a combined license for which an application was filed after May 8, 1991, under such sections.
Atomic Enerev Act of 1954 (P.L. 83-703) 149

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. 26

42 usc 2239(b). b. The following Commission actions shall be subject to judicial

review in the manner prescribed in chapter 158 of title 28, United States

Code, and chapter 7 of title 5, United States Code:

(I) 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.327

42 USC 2240. Sec. 190. Licensee Incident Reports

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.32

42 USC 2241. Sec. 191. Atomic Safety And Licensing Board

Atomic Safety a. Notwithstanding the provisions of sections 7(a) and 8(a) of the

and Licensing Administrative Procedure Act, the Commission is authorized to establish

Board one or more atomic safety and licensing boards, each comprised of three

members, one of whom shall be qualified in the conduct of

5 USC 556. administrative proceedings and two of whom shall have such technical or

5 USC 557. other qualifications as the Commission deems appropriate to the issues to

be decided, to conduct such hearings as the Commission may direct and

make such intermediate or final decisions as the Commission may

authorize with respect to the granting, suspending, revoking or amending

of any license or authorization under the provisions of this Act, any other

provision of law, or any regulation of the Commission issued

thereunder.32 9

..6P.L. 97-415, § 12, 96 Stat. 2067 (1983), amended section 189 by inserting (1) after subsection (a)

designation and by adding at end thereof new paragraph (2)(A)(B)(C). 1

2

'P.L. 104-134, Title III, Ch. 1, Subch. A, § 3116(c), 110 Stat. 1321-349 (1996), substituted subsection (b) for one which read:

(b) Any final order entered in any proceeding of the kind specified in subsection (a) above or any final order allowing or prohibiting a facility to begin operating under a combined construction and

operating license shall be subject to judicial review in the manner prescribed in the Act of December 29,

1950, as amended (Ch. 1189, 64 Stat. 1129), and to the provisions of section 10 of the Administrative

Procedure Act, as amended. ...Section 190 was added by P.L. 87-206, § 16, 75 Stat. 475 (1961). 32

.P.L. 91-560, § 10, 84 Stat. 1472 (1970), amended the first sentence ofsubsectionl9la. Before amendment,

it read as follows:

Notwithstanding the provisions of sections 7(a) and 8(a) of the Administrative Procedure Act, the

Commission is atithorized 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.
150 Atomic Energy Act of 1954 (P.L. 83-703)

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.330

42 USC 2242. Sec. 192. Temporary Operating License

Temporary a. In any proceeding upon an application for an operating license for

licensing a utilization facility required to be licensed under section 103 or 104b. of

authority, this Act, in which a hearing is otherwise required pursuant to section

189a., the applicant may petition the Commission for a temporary

42 USC 2133. operating license for such facility authorizing fuel loading, testing, and

42 USC 2134. operation at a specific power level to be determined by the Commission,

Initial petition. pending final action by the Commission on the application. The initial

petition for a temporary operating license for each such facility, and any

temporary operating license issued for such facility based upon the initial

petition, shall be limited to power levels not to exceed 5 percent of rated

full thermal power. Following issuance by the Commission of the

temporary operating license for each such facility, the licensee may file

petitions with the Commission to amend the license to allow facility

operation in staged increases at specific power levels, to be determined

by the Commission, exceeding 5 percent of rated full thermal power. The

initial petition for a temporary operating license for each such facility

may 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, or for an amendment to such a license allowing operation at a

specific power level greater than that authorized in the initial temporary

Affidavits. 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.

Publication in The Commission shall publish notice of each such petition in the Federal

Federal Register and in such trade or news publications as the Commission

Register. deems appropriate to give reasonable notice to persons who might have a potential interest in the grant of such temporary operating license or

amendment thereto. Any person may file affidavits or statements in

support of, or in opposition to, the petition within thirty days after the

publication of such notice in the Federal Register.

3

"Section 191 was added by P.L. 87-615, § 1, 76 Stat. 409 (1962).
Atomic Enerav Act of 1954 (P.L. 83-703) 151

b. With respect to any petition filed pursuant to subsection a. of this

section, the Commission may issue a temporary operating license, or

amend the license to authorize temporary operation at each specific

power level greater than that authorized in the initial temporary operating

license, as determined by the Commission, upon finding that-

(1) in all respects other than the conduct or completion of any

required hearing, the requirements of law are met;

(2) in accordance with such requirements, there is reasonable

assurance that operation of the facility during the period of the

temporary operating license in accordance with its terms and

conditions will provide adequate protection to the public health and

safety and the environment during the period of temporary operation;

and

(3) denial of such temporary operating license will result in delay

between the date on which construction of the facility is sufficiently

completed, in the judgment of the Commission, to permit issuance of

the temporary operating license, and the date when such facility

would otherwise receive a final operating license pursuant to this Act.

The temporary operating license shall become effective upon issuance

and, shall contain such terms and conditions as the Commission may

deem necessary, including the duration of the license and any provision

for the extension thereof. Any final order authorizing the issuance or

amendment .of any temporary operating license pursuant to this section

shall recite with specificity the facts and reasons justifying the findings

under this subsection, and shall be transmitted upon such issuance to the

Committee on Natural Resources and on331 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.

Final order,

transmittal to

congressional

committees.

Judicial review.

28 USC 2341

et seq.

331

P.L. 103-437, § 15(l)(5), 108 Stat. 4581 (1994), struck "Interior and Insular Affairs and" and substituted

"Natural Resources and on."
Hearing.

Expiration date.

42 USC 2243.

152 Atomic Energy Act of 1954 (P.L. 83-703)

c. Any hearing on the application for the final operating license for a

facility required pursuant to section 189a. shall be concluded as promptly

as practicable. The Commission shall suspend the temporary operating

license if it finds that the applicant is not prosecuting the application for

the final operating license with due diligence. Issuance of a temporary

operating license under subsection b. of this section shall be without

prejudice to the right of any party to raise any issue in a hearing required

pursuant to section 189a; and failure to assert any ground for denial or

limitation of a temporary operating license shall not bar the assertion of

such ground in connection with the issuance of a subsequent final

operating license. Any party to a hearing required pursuant to section

189a. on the final operating license for a facility for which a temporary

operating license has been issued under subsection b., and any member of

the Atomic Safety and Licensing Board conducting such hearing, shall

promptly notify the Commission of any information indicating that the

terms and conditions of the temporary operating license are not being

met, or that such terms and conditions are not sufficient to comply with

the provisions of paragraph (2) of subsection b.

d. The Commission is authorized and directed to adopt such

administrative remedies as the Commission deems appropriate to

minimize the need for issuance of temporary operating licenses pursuant

to this section.

e. The authority to issue new temporary operating licenses under this

section shall expire on December 31, 1983..12

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 elseq.).

"'Section 192 was added by P.L. 92-307, 86 Stat. 191 (1972), and amended by P.L. 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: (I) the report of the Advisory

Committee on Reactor Safeguards required by subsection 182b.; (2) the safety evaluation of the

application by the Commission's regulatory staff, and (3) the regulatory staff's final detailed statement on the environmental impact of the facility prepared pursuant to section 102(2)(C) of the National

Environmental Policy Act of 1969 (83 Stat. 853) or, in the case of an application for operating license

filed on or before September 9, 1971, if the regulatory staff's final detailed statement required under

section 102(2)(C) is not completed, the Commission must satisfy the applicable requirements of the

National Environmental Policy Act prior to issuing any temporary operating license under this section

192. The petition shall be accompanied by an affidavit or affidavits setting forth the facts upon which the

petitioner relies to justify issuance of the temporary operating license. Any party to the proceeding may

file affidavits in support of, or opposition to, the petition within fourteen days subject to judicial review

pursuant to the Act of December 29, 1950, as amended (Ch. 1189, 64 Stat. 1129). c. The hearing on the application for the final operating license otherwise required pursuant to

section 189a. shall be concluded as promptly as practicable. The Commission shall vacate the temporary

operating license if it finds that the applicant is not prosecuting the application for the final operating license with due diligence. Issuance of a temporary operating license pursuant to subsection b. of this

section shall be without prejudice to the position of any party to the proceeding in which a hearing is

otherwise required pursuant to section 189a.; and failure to assert any ground for denial or limitation of a temporary operating license shall not bar the assertion of such ground in connection with the issuance of a subsequent final operating license.

d. The authority under this section shall expire on October 30, 1973.
Atomic Enerav Act of 1954 (P.L. 83-703) 153

Federal Register,

publication.

Claims.

Nuclear

materials.

(2) Timing.-An environmental impact statement prepared under

paragraph (I) 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.-

(I) 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.

(d) Insurance and Decommissioning.-"(l) The Commission shall

require, as a condition of the issuance of a license under sections 53 and

63 for a uranium enrichment facility, that the licensee have and maintain

liability insurance of such type and in such amounts as the Commission

judges appropriate to cover liability claims arising out of any occurrence

within the United States, causing, within or outside the United States,

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

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

radioactive, toxic, explosive, or other hazardous properties of chemical

compounds containing source or special nuclear material.

(2) The Commission shall require, as a condition for the issuance

of a license under sections 53 and 63 for a uranium enrichment

facility, that the licensee provide adequate assurance of the

availability of funds for the decommissioning (including

decontamination) of such facility using funding mechanisms that may

include, but are not necessarily limited to, the following:

(A) Prepayment (in the form of a trust, escrow account,

government fund, certificate of deposit, or deposit of government

securities).

(B) Surety (in the form of a surety or performance bond, letter

of credit, or line of credit), insurance, or other guarantee

(including parent company guarantee) method.

(C) External sinking fund in which deposits are made at least

annually.

(e) No Price-Anderson Coverage.-Section 170 of this Act shall not

apply to any license under section 53 or 63 for a uranium enrichment

facility constructed after the date of enactment of this section. 333

(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

that-3" 4

.

3

.P.L. 101-575, 104 Stat. 2835 (1990), added new section 193. 334

P.L. 104-134, Title III, Ch. I, Subch. A, § 3116(b)(2), 110 Stat. 1321-349 (1996), added subsection (1).
154 Atomic Energy Act of 1954 (P.L. 83-703)

(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 3 35)

n

5Public Law 95-110, 91 Stat. 884 (1977), which added chapter 20, repealed chapter 17, which read as

follows:

JOINT COMMIT'IEE ON ATOMIC ENERGY

Sec. 201. Membership.-There is hereby established a Joint Committee on Atomic Energy to be composed

of nine Members of the Senate to be appointed by the President of the Senate, and nine Members of the House

of Representatives to be appointed by the Speaker of the House of Representatives. In each instance not more than five Members shall be members of the same political party.

Sec. 202. Authority and Duty.- a. The Joint Committee shall make continuing studies of the activities of the Atomic Energy Commission

and of problems relating to the development, use, and control of atomic energy. During the first ninety' days

of each session of the Congress, the Joint Committee may conduct hearings in either open or executive session

for the purpose of receiving information concerning the development, growth, and state of the atomic energy

industryb The Commission shall keep the Joint Committee fully and currently informed with respect to all of

the Commission's activities. The Department of Defense shall keep the Joint Committee fully and currently

informed with respect to all matters within the Department of Defense relating to the development, utilization, or application of atomic energy. Any Government agency shall furnish any information requested by the Joint

Committee with respect to the activities or responsibilities of that agency in the field of atomic energy. All

bills, resolutions, and other matters in the Senate or the House of Representatives relating primarily to the

Commission or to the development, use, or control of atomic energy shall be referred to the Joint Committee.

The members of the Joint Committee who are Members of the Senate shall from time to time report to the

Senate, and the members of the Joint Committee who are Members of the House of Representatives shall from

time to time report to the House, by bill or otherwise, their recommendations with respect to matters within the

jurisdiction of their respective Houses which are referred to the Joint Committee or otherwise within the

jurisdiction of the Joint Committee.

b. The members of the Joint Committee who are Members of the Senate and the Members of the Joint

Committee who are Members of the House of Representatives shall, on or before June 30 of each year, report

to their respective Houses on the development, use, and control of nuclear energy for the common defense and

security and for peaceful purposes. Each report shall provide facts and information available to the Joint

Committee concerning nuclear energy which will assist the appropriate committees of the Congress and

individual members in the exercise of informed judgment on matters of weaponry; foreign policy; defense;

international trade; and in respect to the expenditure and appropriation of Government revenues. Each report

shall be presented formally under circumstances which provide for clarification and discussion by the Senate

and the House of Representatives. In recognition of the need for public understanding, presentations of the

reports shall be made to the maximum extent possible in open session and by means of unclassified written

materials.

Sec. 203. Chairman-Vacancies in the membership of the Joint Committee shall not affect the power of

the remaining members to execute the functions of the Joint Committee, and shall be filled in the same manner as in the case of the original selection. The Joint Committee shall select a Chairman and a Vice Chairman

from among its members at the beginning of each Congress. The Vice Chairman shall act in the place and

stead of the Chairman in the absence of the Chairman. The Chairmanship shall alternate between the Senate

and the louse 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.
Atomic Energy Act of 1954 (P.L. 83-703) 155

Chapter 18-Enforcement

42 Usc 2271. See. 221. General Provisions

General a. To protect against the unlawful dissemination of Restricted Data

provisions, 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.336

42 USC 2272. Sec. 222. Violations Of Specific Sections

Violation of a. Whoever willfully violates, attempts to violate, or conspires to

spccific violate, any provisions of section 57 or 101, or whoever unlawfully

sections. interferes, attempts to interfere, or conspires to interfere with any

recapture or entry under section 108, shall, upon conviction thereof, be

punished by a fine of not more than $10,000 or by imprisonment for not

The Joint Committee may use a committee seal. The provisions of sections 102 to 104. inclusive, of the

Revised Statutes, as amended, shall apply in case of any failure of any witness to comply with a subpoena or to

testify when summoned under authority of this section, The expenses of the Joint Committee shall be paid

from the contingent fund of the Senate from funds appropriated for the Joint Committee upon vouchers

approved by the Chairman. The cost of stenographic service to report public hearings shall not be in excess of

the amounts prescribed by law for reporting the hearings of standing committees of the Senate. The cost of

stenographic service to report executive hearings shall be fixed at an equitable rate by the Joint Committee.

Members of the Joint Committee, and its employees and consultants, while traveling on official business for

the Joint Committee, may receive either the per diem allowance authorized to be paid to Members of Congress

or its employees, or their actual and necessary expenses provided an itemized statement of such expenses is

attached to the voucher.

Sec. 205. Staff and Assistance.- The Joint Committee is empowered to appoint and fix the compensation

of such experts, consultants, technicians, and staff employees as it deems necessary and advisable. The Joint

Committee is authorized to utilize the services, information, facilities, and personnel of the departments and

establishments of the Government. The Joint Committee is authorized to permit such of its members,

employees, and consultants as it deems necessary in the interest of common defense and security to carry

firearms while in the discharge of their official duties for the committee.

Sec. 206. Classification of Information.-- The Joint Committee may classify information originating

within the committee in accordance with standards used generally by the executive branch for classifying

Restricted Data or defense information.

See. 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). 3

.

6

P.L. 101-647, § 1211, 104 Stat. 4789, deleted the following:

"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./irther,".
156 Atomic Energy Act of 1954 (P.L. 83-703)

more than ten 337 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.338

b. Any person who violates, or attempts or conspires to violate,

section 92 shall be fined not more than $2,000,000 and sentenced to a

term of imprisonment not less than 25 years or to imprisonment for life.

Any person who, in the course of a violation of section 92, uses, attempts

or conspires to use, or possesses and threatens to use, any atomic weapon

shall be fined not more than $2,000,000 and imprisoned for not less than

30 years or imprisoned for life. If the death of another results from a

person's violation of section 92, the person shall be fined not more than 9' 339 $2,000,000 and punished by imprisonment for life.".

42 USC 2273. Sec. 223. Violation Of Sections Generally

Violation of a. Whoever340 willfully violates, attempts to violate, or conspires to

sections violate, any provision of this Act for which no criminal 341 penalty is

generally. specifically provided or of any regulation or order prescribed or issued

under section 65 or subsection 161b., i., or 0,342 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

Basic of violation, or imprisonment for not more than two years, or both. For

component. the purposes of this subsection, the term "basic component" means a

facility structure, system, component or part thereof necessary to assure7""Public Law 91-161, section 2, 83 Stat. 444 (1969), 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. 33'"Public Law 91-161, section 3(a), 83 Stat. 444 (1969), 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 (2004) added "a." paragraph designation &

struck "92" after "57."

"'Public 34 Law 108-458, 118 Stat. 3771 (2004) added new section "b." 11Public Law 96-295, section 203, 94 Stat. 786 (1980), designated the existing paragraph as subsection a. 141Public Law 91-161, section 6, 83 Stat. 444 (1969), amended section 223 by adding the word "criminal"

before the word "penalty."

.

42

Public Law 90-190, section 12, 81 Stat. 575 (1967), amended section 223 by striking out the letter "p."

appearing after the word "or", and inserting in lieu thereof the letter "o."
Atomic Enerav Act of 1954 (P.L. 83-703) 157

(I) 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.

42 USC 2133. The provisions of this subsection shall be prominently posted at each

42 USC 2134. 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.

Contracts. c. Any individual director, officer or employee of a person

indemnified under an agreement of indemnification under section 170d.

(or of a subcontractor or supplier thereto) who, by act or omission,

knowingly and willfully violates or causes to be violated any section of

this Act or any applicable nuclear safety-related rule, regulation or order

issued thereunder 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 I lq. shall, upon conviction,

notwithstanding section 3571 of title 18, United States Code, be subject

to a fine of not more than $25,000, or to imprisonment not to exceed two

years, or both. If the conviction is for a violation committed after the

first conviction under this subsection, notwithstanding section 3571 of

title 18, United States Code, punishment shall be a fine of not more than

$50,000, or imprisonment for not more than five years, or both.343

42 USC 2274. Sec. 224. Communication Of Restricted Data

Communication Whoever, lawfully or unlawfully, having possession of, access to,

of'restricted control over, or being entrusted with any document, writing, sketch,

data. 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.344

42 USC 2275. Sec. 225. Receipt Of Restricted Data

Receipt of Whoever, with intent to injure the United States or with intent to

restricted data. secure an advantage to any foreign nation, acquires, or attempts or

conspires to acquire any document, writing, sketch, photograph, plan,

.

43

Public Law 100-408, section 18, 102 Stat. 1066 (1988), amended section 223 by adding a subsection c. Public Law 96-295, section 203, 94 Stat. 786 (1980), added a new subsection b. 1

4 Public Law 79-585, Title I, section 224, August 1, 1946: Public Law 83-703, section 1, 68 Stat. 958 (1954):

Public Law 91-161, section 3(b), 83 Stat. 444 (1969); Public Law 102-486, Title IX, section 902(a)(8), 106

Stat. 2944 (1992) (renumbered Title t); Public Law 106-65, Div. C, Title XXXI, section 3148(a), 113 Stat.

938, October 5, 1991; Public Law 106-398, section I, 114 Stat. 1654, October 30, 2000 (Div, A, Title X, Title

X, section 1087(g)(9)).
42 USC 2276.

Tampering

with restricted

data.

42 USC 2277.

Disclosure of

restricted data.

42 USC 2278.

Statute of

limitations.

42 USC 2278a.

Trespass on

Commission

installations.

158. Atomic Energy Act of 1954 (P.L. 83-703)

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.345

Sec. 226. Tampering With Restricted Data

Whoever, with intent to injure the United States or. with intent to

secure an advantage to any foreign nation, removes, conceals, tampers

with, alters, mutilates, or destroys any document, writing, sketch,

photograph, plan, model, instrument, appliance, or note involving or

incorporating Restricted Data and used by any individual or person in

connection with the production of special nuclear material, or research or

development relating to atomic energy, conducted by the United States,

or financed in whole or in part by Federal funds, or conducted with the

aid of special nuclear material, shall be punished by imprisonment for

life, or by imprisonment for any term of years or a fine of not more than

$20,000 or both.

Sec. 227. Disclosure Of Restricted Data

Whoever, being or having been an employee or member of the

Commission, a member of the Armed Forces, an employee of any agency

of the United States, or being or having been a contractor of the

Commission or of an agency of the United States, or being or having

been an employee of a contractor of the Commission or of an agency of

the United States, or being or having been a licensee of the Commission,

or being or having been an employee of a licensee of the Commission,

knowingly communicates, or whoever conspires to communicate or to

receive, any Restricted Data, knowing or having reason to believe that

such data is Restricted Data, to any person not authorized to receive

Restricted Data pursuant to the provisions of this Act or under rule or

regulation of the Commission issued pursuant thereto, knowing or having

reason to believe such person is not so authorized to receive Restricted

Data shall, upon conviction thereof, be punishable by a fine of not more

than $12,500.346

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 Installations347

a.(l) 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.34"

...Public Law 106-65, Div. C, Title XXXI, Subtitle G, section 3148(b), 113 Stat. 938, October 30, 2000, as amended.

1

46

Public Law 106-65, Div. C., Title XXXI, Subtitle G, section 3148(a), 113 Stat. 938 (1999) (substituted

$12,500 for $2,500). .

47

Public Law 84-1006, section 6, 70 Stat. 1069 (1956), added a new section 229.
Atomic Enerav Act of 1954 (P.L. 83-703) 159

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.

42 USC 2278b. Sec. 230. Photographing, Etc., Of Commission

Installations

Photographing It shall be an offense, punishable by a fine of not more than $1,000 or

of Commission imprisonment for not more than one year, or both- 349

installations. (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.

42 USC 2279. Sec. 231. Other Laws

Other laws. Sections 224 to 230 shall not exclude the applicable provisions of any

other laws.35

42 USC 2280. See. 232. Injunction Proceedings

Injunction Whenever in the judgment of the Commission any person has

proceedings. 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."'

42 USC 2281. Sec. 233. Contempt Proceedings

Contempt In case of failure or refusal to obey a subpoena served upon any

proceedings. person pursuant to subsection 161c., the district court for any district in

which such person is found or resides or transacts business, upon

application by the Attorney General on behalf of the United States, shall

.

48

Public Law 109-58, section 654(3)(B), 119 Stat. 812 (2005). designated the second sentence of

subsection (a) as paragraph (2). .

4

..Public Law 84-1006, section 6, 70 Stat. 1069 (1956), added a new section 230.

"'Public Law 84-1006, section 7, 70 Stat 1069 (1956), 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."

'51Public Law 84-1006, section 6. 70 Slat. 1069 (1956), renumbered former sections 230 and 231 to sections

232 and 233, respectively.
160 Atomic Energy Act of 1954 (P.L. 83-703)

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 2

42 Usc 2282. Sec. 234. Civil Monetary Penalties For Violations Of

Licensing Requirements a.353 Any person who (I) violates any licensing or certification 354

42 USC 2073. provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or

42 USC 2077. 1701 or any rule, regulation, or order issued thereunder, or any term,

42 USC 2092. condition, or limitation of any license or certification issued thereunder,

42 USC 2093. or (2) commits any violation for which a license may be revoked under

42 USC 2111. section 186, shall be subject to a civil penalty, to be imposed by the

42 USC 2112. Commission, of not to exceed $100,000 3 5 for each such violation. 56 If

42 USC 2131. any violation is a continuing one, each day of such violation shall.

42 USC 2133. constitute a separate violation for the purpose of computing the

42 USC 2134. applicable civil penalty. The Commission shall have the power to

42 USC 2137. compromise, mitigate, or remit such penalties.

42 USC 2139. b. Whenever the Commission has reason to believe that a person has

42 USC 2236. become subject to the imposition of a civil penalty under the provisions

Civil penalties. of this section, it shall notify such person in writing (1) setting forth the

date, facts, and nature of each act or omission with which the person is

charged, (2) specifically identifying the particular provision or provisions

of the section, rule, regulation, order, or license involved in the violation,

Written and (3) advising of each penalty which the Commission proposes to

notification, 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.

"5Public Law 84-1006. section 6, 70 Stat. 1069 (1956), renumbered former sections 230 and 231 to sections

232 and 233, respectively. "•Public Law 100-408, section 17, 102 Stat. 1066 (1988), added section 234A. Public Law 91-161, section 4,

83 Stat. 444 (1069), added section 234. 354 Public Law 104-134, section 416, It0 Stat. 1321 (1996), 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 35 or certification issued thereunder" for "any license issued thereunder." TlThe NRC by rutemnaking 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). 5

•

6

Public Law 96-295, section 206, 94 Stat. 787 (1980). 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.
Atomic Eneri!v Act of 1954 (P.L. 83-703) 161

42 USC 2282a.

Contracts.

Courts, U.S.

Sec. 234A. Civil Monetary Penalties ForY iolations Of

Department Of Energy Safety Regulations a. Any person who has entered into an agreement of indemnification

under subsection 170d. (or any subcontractor or supplier thereto) who

violates (or whose employee violates) any applicable rule, regulation or

order related to nuclear safety prescribed or issued by the Secretary of

Energy pursuant to this Act (or expressly incorporated by reference by

the Secretary for purposes of nuclear safety, except any rule, regulation,

or order issued by the Secretary of Transportation) shall be subject to a

civil penalty of not to exceed $100,000 for each such violation. If any

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. (I) 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. (I) Before issuing an order assessing a civil penalty against any

person under this section, the Secretary shall provide to such person

notice of the proposed penalty. Such notice shall inform such person of

his opportunity to elect in writing within thirty days after the date of

receipt of such notice to have the procedures of paragraph (3) (in lieu of

those paragraph (2)) apply with respect to such assessment.

(2) (A) Unless an election is made within thirty calendar days

after receipt of notice under paragraph (1) to have paragraph (3) apply

with respect to such penalty, the Secretary shall assess the penalty, by

order, after a determination of violation has been made on the record

after an opportunity for an agency hearing pursuant to section 554 of

title• 5, United States Code, before an administrative law judge

appointed under section 3105 of such title 5. Such assessment order

shall include the administrative law judge's findings and the basis for

such assessment.

(B) Any person against whom a penalty is assessed under this

paragraph may, within sixty calendar days after the date of the

order of the Secretary assessing such penalty, institute an action in

the United States court of appeals for the appropriate judicial

circuit for judicial review of such order in accordance with

chapter 7 of title 5, United States Code. The court shall have

jurisdiction to enter a final judgment affirming, modifying or

setting aside in whole or in part, the order of the Secretary, or the

court may remand the proceeding to the Secretary for such further

action as the court may direct.

(3) (A) In the case of any civil penalty with respect to which the

procedures of this paragraph have been elected, the Secretary shall

... Public Law 106-65, § 3147(c), added "safety" before "regulations."

... Public Law 109-58, section 610(a), 119 Stat. 781 (2005), struck out the last sentence, which read: "In

implementing this section, the Secretary shall determinc by rule whether nonprofit educational institutions

should receive automatic remission of any penalty under this section."
162 Atomic Energy Act of 1954 (P.L. 83-703)

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.

(C) Any election to have this paragraph apply may not be

revoked except with consent of the Secretary.

Courts, U.S. (4) If any person fails to pay an assessment of a civil penalty after

it has become a final and unappealable order under paragraph (2), or

after the appropriate district court has entered final judgment in favor

of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate

district court of the United States. In such action, the validity and

appropriateness of such final assessment order or judgment shall not

be subject to review.

Schools and d. (I) Notwithstanding subsection a., in the case of any not-for-profit

colleges. contractor, subcontractor, or supplier, the total amount of civil penalties

Corporations. paid under subsection a. may not exceed the total amount of fees paid

within any I-year period (as determined by the Secretary) under the

contract under which the violation occurs.

(2) For purposes of this section, the term 'not-for-profit' means

that no part of the net earnings of the contractor, subcontractor, or

supplier inures to the benefit of any natural person or for-profit

artificial person. 35 9. 42 USC 2283. See. 235. Protection Of Nuclear Inspectors a. Whoever kills any person who performs any inspections which-

(I) are related to any activity or facility licensed by the

Commission, and

3

.. Public Law 109-58, section 610(a), 119 Stat. 781 (2005), 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:

(I) 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 (42

U.S.C. 2011 et seq.) occurring under a contract entered into before the date of enactment of this section ".
Atomic Enerav Act of 1954 (P.L. 83-703) 163

42 USC 2133. (2) are carried out to satisfy requirements under this Act or under

42 USC 2134. 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

IIII and 1112 of title 18, United States Code. The preceding

sentence shall be applicable only if such person is killed while

engaged in the performance of such inspection duties or on account of

the performance of such duties.

b. Whoever forcibly assaults, resists, opposes, impedes, intimidates,

or interferes with any person who performs inspections as described

under subsection a. of this section, while such person is engaged in such

inspection duties or on account of the performance of such duties, shall

be punished as provided under section 111 of title 18, United States

Code.

360

42 USC 2284. Sec. 236. Sabotage Of Nuclear Facilities Or Fuel a. Any person who knowingly 36

' 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)1 any nuclear fuel for a utilization facility licensed under this

Act, 62 or any spent nuclear fuel from such a facility;

(4) any uranium enrichment, uranium conversion, or nuclear fuel

fabrication facility licensed or certified 363 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

.

16 Public Law 96-295, section 610(a), 94 Stat. 786 (1980), x added new section 235.

"

6

'Public Law 109-58, Title VI, section 655, 119 Stat. 813 (2005). ..2

Public Law 109-58. Title VI, section 655, 119 Stat. 813 (2005), amended paragraph 3 by deleting "such a utilization 3 facility" and inserting "a utilization facility licensed under this act." 6

3

Public Law 109-58, Title VI, section 655, 119 Stat. 813 (2005), 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 II, 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). 364

Public Law 109-58, Title VI, section 655, 119 Stat. 813 (2005), added paragraphs (5), (6), and (7) to

subsection a of section 236.
Penalties.

42 USC 2015.

Transfer of

property.

42 USC 2015a.

42 USC 2015b.

164 Atomic Energy Act of 1954 (P.L. 83-703)

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 3 65 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

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.367

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.3 6

1

Sec. 243. Scholarship And Fellowship Program

a. SCHOLARSHIP PROGRAM.-To enable students to study, for at

least I 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-

(I) 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.-

(I) IN GENERAL.-As a condition of receiving a scholarship or

fellowship under subsection a. or b., a recipient of the scholarship or

... Public Law 109-58, Title VI, section 655, 119 Stat. 813 (2005), changed "intentionally and willfully" to

"knowingly" in section 236. '•6

367Public Law 107-56, Title ViII, §§ 810(1), 81 1(h), 115 Stat. 380, 381 (2001). Aug. 30, 1954, Chapter 1073, Title I, Ch. 19, section 241, 68 Stat. 960 (1992). Public Law 102-486, Title

IX. section 90 2(a)(8), 106 Stat. 2944.

... Public Law 107-222, 116 Stat. 1336, August 21, 2002, Energy Policy Act of 1992 [Thorium Reimbursement

Program Authorization].
Atomic Ener2v Act of 1954 (P.L. 83-703) 165

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 I time and not more than

3 times the period for which the assistance was provided; and

(D) if the recipient fails to meet the requirements of

subparagraph (A), (B), or (C), reimburse the United States

Government for-

(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-

(I) 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. I IOla(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)).

42 USC 2015c.

369

Public Law 109-58, section 622, 119 Stat. 182 (2005).
166 Atomic Energy Act of 1954 (P.L. 83-703)

b. PARTNERSHIP PROGRAM-The Commission may establish and

participate in activities relating to research, mentoring, instruction, and

training with institutions of higher education, including Hispanic-serving

institutions, historically Black colleges or universities, and Tribal

colleges, to strengthen the capacity of the institutions-

(1) to educate and train students (including present or potential

employees of the Commission); and

(2) to conduct research in the field of science, engineering, or law,

or any other field that the Commission determines is important to the

work of the Commission.3 70

42 USC 2016. Sec. 251. Report To Congress [Repealed]

Report to The Commission shall submit to the Congress, in January3 1

' of each

Congress. year, a report concerning the activities of the Commission. The

Commission shall include in such report, and shall at such other times as

it deems desirable submit to the Congress, such recommendations for

additional legislation as the Commission deems necessary or desirable.

42 USC 2017. See. 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

"71'Public Law 109-58, Title VI, section 651(c)(4), 119 Slat. 802 (2005); Public Law 110-315, § 941(k)(2)(L),

made technical corrections resulting in no change in text.

.1'This section (Act Aug. 30, 1954, Ch. 1073, Title I, Ch. 19, section 251, 68 Stat. 960; Public Law 86-43, 73

Slat. 73 (1959); Public Law 102-486, Title IX, section 902(a)(8), 106 Stat. 2944, Oct. 24, 1992) was repealed

by Act Nov. 18, 1997, Public Law 105-85, Div. C, title XXI, Subtitle D, section 3152(a), Ill Slat. 2042. It

1•rovided for a report to Congress on the activities of the Atomic Energy Commission. 2

Public Law 88-72, section 107, 77 Slat. 84 (1963), the AEC Fiscal Year 1964 Authorizalion 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-- (I) Such as may be necessary for acquisition or condemnation ofany 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-

(I ) 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
Atomic Enerpzy Act of 1954 (P.L. 83-703) 167

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.

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-

(I) 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.37

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

42 USC 2018.

Agency

jurisdiction.

42 USC 2019.

Applicability of

Federal Power

Act.

42 USC 2020.

Licensing of

Government

agencies.

amendments of this section see "Atomic Energy Legislation Through 87th Congress, 2nd Session,"

p.79 . .. Excerpts from legislation appropriating funds to the Atomic Energy Commission are set forth in

Appendix 5.

Legislation authorizing appropriations to the Commission is set forth in Part I1, Infra.

"'Public 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 respectto the generation, sale, or transmission of

electric power.
168 Atomic Energy Act of 1954 (P.L. 83-703)

producing electric energy for disposition for ultimate public consumtion.

42 USC 2021. Sec. 2T4. Cooperation With States

Cooperation a.376 It is the purpose of this sectionwith States. (1) to recognize the interests of the States in the peaceful uses of

atomic energy, and to clarify the respective responsibilities under this

Act of the States and the Commission with respect to the regulation

of byproduct, source, and special nuclear materials;

(2) to recognize the need, and establish programs for cooperation

between the States and the Commission with respect to control of

radiation hazards associated with use of such materials;

(3) to promote an orderly regulatory pattern between the

Commission and State governments with respect to nuclear

development and use and regulation of byproduct, source, and special

nuclear materials;

(4) to establish procedures and criteria for discontinuance of

certain of the Commission's regulatory responsibilities with respect

to byproduct, source, and special nuclear materials, and the

assumption thereof by the States;

(5) to provide for coordination of the development of radiation

standards for the guidance of Federal agencies and cooperation with

the States; and

(6) to recognize that, as the States improve their capabilities to

regulate effectively such materials, additional legislation may be

desirable.

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 I 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-

(]) 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;

"'6Public Law 86-373, section 1, 73 Stat. 688 (1959), added section 274.

"'Public Law 109-58. Title VI, section 65 I(e)(2), 119 Stat. 807 (2005), revised paragraph (I), and renumbered

paragraphs (3) and (4) of section 274b as paragraphs (2) and (3). 7Public Law 102-486, 106 Stat. 2944 (1992).
Atomic Enerav Act of 1954 (P.L. 83-703) 169

(4) the disposal of such other byj)roduct, 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

Conditions. defined in section I le.(2).37 9 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 38 0

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.

Publication in e. (1) Before any agreement under subsection b. is signed by the

Federal Commission, the terms of the proposed agreement and of proposed

Register. 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.

Exemptions. f. The Commission is authorized and directed, by regulation or order,

Licensing to grant such exemptions from the licensing requirements contained in

requirements. Chapters 6, 7, and 8, and from its regulations applicable to licensees as

the Commission finds necessary or appropriate to carry out any

agreement entered into pursuant to subsection b. of this section.

g. The Commission is authorized and directed to cooperate with the

States in the formulation of standards for protection against hazards of

radiation to assure that State and Commission programs for protection

against hazards of radiation will be coordinated and compatible.

h. The Administrator of the Environmental Protection Agency shall

consult qualified scientists and experts in radiation matters, including the

President of the National Academy of Sciences, the Chairman of the

National Committee on Radiation Protection and Measurement, and

... Public Law 95-604, section 204(o, 92 Stat. 3038 (1978), added a new sentence after paragraph (4).

""Public Law 95-604, section 904(b), 92 Stat. 3037 (1978), 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."
170 Atomic Energy Act of 1954 (P.L. 83-703)

qualified experts in the field of biology and medicine and in the field of

health physics. The Special Assistant to the President for Science and

Technology, or his designee, is authorized to attend meetings with,

participate in the deliberations of, and to advise the Administrator. The

Administrator shall advise the President with respect to radiation matters,

directly or indirectly affecting health, including guidance for all Federal

agencies in the formulation of radiation standards and in the

establishment and execution of programs of cooperation with States. The

Administrator shall also perform such other functions as the President

may assign to him by Executive Order. 38'

Inspections. 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.

Termination of j. (1)382 The Commission, upon its own initiative after reasonable

agreement. 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 off83 its

agreement with the State and reassert the licensing and regulatory

authority vested in it under this Act, if the Commission finds that (I)3 "

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.

"I'Reorganization Plan No. 3 of 1970 abolished the Federal Radiation Council and transferred its functions to

the 3 Administrator of the Environmental Protection Agency. . 2

Public Law 96-295, section 205, 94 Stat. 787 (1980), inserted "(I)" afterj.

3

.. Public Law 95-604. section 204(d)(1), 92 Stat. 3037 (1978), amended section 274j by adding the words "all or part or' after "suspend." ...4

Public Law 95-604, section 204(d)(2), 92 Stat. 3037 (1978), amended section 274j by inserting "(I)" after

"finds that." .. Public Law 95-604, section 204(d)(3), 92 Stat. 3037 (1978), amended section 274j by adding the following

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.
Atomic Energy Act of 1954 (P.L. 83-703) 171

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.386

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 I. With respect to each application for Commission license

filing, authorizing an activity as to which the Commission's authority is

continued pursuant to subsection c., the Commission shall give prompt

notice to the State or States in which the activity will be conducted of the

filing of the license application; and shall afford reasonable opportunity

for State representatives to offer evidence, interrogate witnesses, and

advise the Commission as to the application without requiring such

representatives to take a position for or against the granting of the

application.

m. No agreement entered into under subsection b., and no exemption

granted pursuant to subsection f., shall affect the authority of the

Commission under subsection 161b. or i.; to issue rules, regulations, or

orders to protect the common defense and security, to protect restricted

data or to guard against the loss or diversion of special nuclear material.

For purposes of subsection 161i., activities covered by exemptions

granted pursuant to subsection f. shall be deemed to constitute activities

authorized pursuant to this Act; and special nuclear material acquired by

any person pursuant to such an exemption shall be deemed to have been

acquired pursuant to section 53.

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.387

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-

(I) 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

3

. 6

3 Public Law 96-295, section 205, 94 Stat. 787 (1980), added new subsection j(2). 1

7

Public Law 95-604, section 204(c), 92 Stat. 3037 (1978), added last sentence to section 274n.
172 Atomic Energy Act of 1954 (P.L. 83-703)

(iii) a written determination which is based upon findings

included in such determination and upon the evidence

presented during the public comment period and which is

subject to judicial review;

(B) in the case of rulemaking, provide an opportunity for

public participation through written comments or a public hearing

and provide for judicial review of the rule;

(C) require for each license which has a significant impact on

the human environment a written analysis (which shall be

available to the public before the commencement of any such

proceedings) of the impact of such license, including any

activities conducted pursuant thereto, on the environment, which

analysis shall include-

(i) an assessment of the radiological and nonradiological

impacts to the public health of the activities to be conducted

pursuant to such license;

(ii) an assessment of any impact on any waterway and

groundwater resulting from such activities;

(iii) consideration of alternatives, including alternative

sites and engineering methods, to the activities to be

conducted pursuant to such license; and

(iv) consideration of the long-term impacts, including

decommissioning, decontamination, and reclamation impacts,

associated with activities to be conducted pursuant to such

license, including the management of any byproduct material,

as defined by section I l e.(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

42 uSC 2201. the standards established by the Commission pursuant to section 161x. of

this Act. No State shall be required under paragraph (3) to conduct

proceedings concerning any license or regulation which would duplicate

proceedings conducted by the Commission. 388

42 USC 2014. In adopting requirements pursuant to paragraph (2) of this subsection

with respect to sites at which ores are processed primarily for their source

material content or which are used for the disposal of byproduct material

as defined in section 1 le.(2), the State may adopt alternatives (including,

where appropriate, site-specific alternatives) to the requirements adopted

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

3

.. Public Law 95-604, section 204(e), 92 Stat. 3037 (1978), added a new subsection o.
Atomic Energy Act of 1954 (P.L. 83-703) 173

with such sites, which is equivalent to, to the extent practicable, or more

stringent than the level which would be achieved by standards and

requirements adopted and enforced by the Commission for the same

purpose and any final standards promulgated by the Administrator of the

Environmental Protection Agency in accordance with section 275. Such

42 USC 2022. alternative State requirements may take into account local or regional

conditions, including geology, topography, hydrology and meteorolo Y. 389

42 Usc 2022. Sec. 27'. Health And Environmental Standards For

Uranium Mill Tailings

Rule. a. As soon as practicable, but not later than October I, 1982,390 the

Administrator of the Environmental Protection Agency (hereinafter

referred to in this section as the "Administrator") shall, by rule,

promulgate standards of general application (including standards

applicable to licenses under section 104(h) of the Uranium Mill Tailings

Radiation Control Act of 1978) for the protection of the public health,

safety, and the environment from radiological and nonradiological

hazards associated with residual radioactive materials (as defined in

section 101 of the Uranium Mill Tailings Radiation Control Act of 1978)

located at inactive uranium mill tailings sites and depository sites for

such materials selected by the Secretary of Energy, pursuant to title I of

the Uranium Mill Tailings Radiation Control Act of 1978. Standards

promulgated pursuant to this subsection shall, to the maximum extent

practicable, be consistent with the requirements of the Solid Waste

Disposal Act, as amended. In establishing such standards, the

Administrator shall consider the risk to the public health, safety, and the

environment, the environmental and economic costs of applying such

standards, and such other factors as the Administrator determines to be

appropriate. 391 The Administrator may periodically revise any standard

42 USC 7911. promulgated pursuant to this subsection. After October 1, 1982, if the

Administrator has not promulgated standards in final form under this

subsection, any action of the Secretary of Energy under title I of the

Uranium Mill Tailings Radiation Control Act of 1978 which is required

to comply with, or be taken in accordance with, standards of the

Administrator shall comply with, or be taken in accordance with, the

standards proposed by the Administrator under this subsection until such

time as the Administrator promulgates such standards in final form.39 2

42 USC 2014. b.(l) As soon as practicable, but not later than October 31, 1982, the

42 USC 6901 Administrator shall, by rule, propose and within II months thereafter

note. promulgate in final form, standards, general application for the

protection of the public health, safety, and the environment from

radiological and non-radiological hazards associated with processing and

with the possession, transfer, and disposal of byproduct material, as

defined in section 1 le.(2) of this Act, at sites at which ores are processed

primarily for their source material content or which are used for the

Promulgation disposal of such byproduct material. If the Administrator fails to

authority, promulgate standards in final form under this subsection by October 1,

1983, the authority of the Administrator to promulgate such standards

.. 9Public Law 97-415, section 19, 96 Stat. 2067 (1983), added this paragraph.

""Public Law 97-415, section 18, 96 Stat. 2067 (1983), substituted "October I, 1982" for "one year after the

date of enactment of this section." 39

"Public Law 97-415, section 22, 96 Stat. 2067 (1983), added this language to section 275a. 3

" 2Public Law 97-415, section 18, 96 Stat. 2067 (1983), substituted this language for "one year after enactment

of this section." "

9

'Public Law 97-415, section 22, 96 Stat. 2067 (1983), added this language to section 275b(l).
174 Atomic Energy Act of 1954 (P.L. 83-703)

shall terminate, and the Commission may take actions under this Act

without regard to any provision of this Act requiring such actions to

comply with, or be taken in accordance with, standards promulgated by

the Administrator. In any such case, the Commission shall promulgate,

42 USC 2014. and from time to time revise, any such standards of general application

which the Commission deems necessary to carry out its responsibilities

in the conduct of its licensing activities under this Act. Requirements

established by the Commission under this Act with respect to byproduct

material as defined in section lIe.(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

I 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.3 "

(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 Ie.(2) of this Act. The

42 LISC 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 1 le.(2) or

any revision thereof.

Consultation. c. (I) 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

...Public Law 97-415, section 18, 96 Stat. 2067 (1983), changed subsection b from "eighteen months after

enactment of this section" to current language. 39

.Publie Law 97-415, section 22.96 Stat. 2067 (1983), added this language at the end of subsection b.
Atomic Energy Act of 1954 (P.L. 83-703) 175

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

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 202)1. 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 1 le.(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.Y96

Uranium mill f.(l) Prior to January 1, 1983, the Commission shall not implement or

licensing enforce the provisions of the Uranium Mill Licensing Requirements

requircment published as final rules at 45 Federal Register 65521 to 65538 on

regulations. October 3, 1980 (hereinafter in this subsection referred to as the "October

Implementation 3 regulations") After December 31, 1982, the Commission is authorized

and to implement and enforce the provisions of such October 3 regulations

Enforcement. (and any subsequent modifications or additions to such regulations which

may be adopted by the Commission), except as otherwise provided in

paragraphs (2) and (3) of this subsection.

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 Ie.(2)) under this Act on a licensee-by-licensee basis as the

Commission deems necessary to protect public health, safety, and the

environment.

396

Public Law 95-604, section 206(a), 92 Slat. 3039 (1978), added section 275.
176 Atomic Energy Act of 1954 (P.L. 83-703)

(3) Not later than 6 months after the date on which the Administrator

promulgates final standards pursuant to subsection b. of this section, the

Commission shall, after notice and opportunity for public comment,

amend the October 3 regulations, and adopt such modifications, as the

Commission deems necessary to conform to such final standards of the

Administrator.

42 IJSC 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.

42 USC 2023. See. 276. State Authority To Regulate Radiation Below

Level Of Regulatory Concern Of Nuclear Regulatory Commission

(a)3 9' 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.399

Sec. 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.

Sec. 291. Short Title

Short title. This Act may be cited as the "Atomic Energy Act of 1954

"'Public Law 97-415, section 18, 96 Stat. 2067 (1983), added new subsection f. ...Public Law 102-486, 106 Stat. 3122. 399

Public Law 102-486, 106 Stat. 3122 (1992), added new section 276. P.L. 109-58 states:

(b) REVOCATION OF RELATED NRC POLICY STATEMENTS.-The policy statements of the Nuclear

Regulatory Commission published in the Federal Register on July 3, 1990 (55 Fed. Reg. 27522) and August 29, 1986 (51 Fed. Reg. 30839), relating to radioactive waste below regulatory concern, shall have no effect

after the date of the enactment of this Act.
Atomic Enerav Act of 1954 (P.L. 83-703) 177

Chapter 20-Joint Committee On Atomic Energy Abolished;

Functions And Responsibilities Reassigned

42 USC 2258. 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.

Records, c. All records, data, charts, and files of the Joint Committee on

transfer. 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

Repeal. a. Effective on the date of enactment of this section, chapter 17 of

42 USC 2251 et this Act is repealed.

seq. b. Section 103 of the Atomic Energy Community Act of 1955, as

Repealed. amended, is repealed.

42 USC 2315. c. Section 3 of the Congressional Budget and Impoundment Control

Act of 1974 is amended by-

(I) striking the subsection designation "(a)"; and

Repealed. (2) repealing subsection (b).

2 USC 19Qi. d. Section 252(a)(3) of the Legislative Reorganization Act of 1970 is

Repeal. repealed.

42 USC 2259. 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
178 Atomic Energy Act of 1954 (P.L. 83-703)

authorized to utilize the services, information, facilities, and personnel of

any Government agency which has activities or responsibilities in the

field of nuclear energy which are within the jurisdiction of such

committees: Provided, however, That any utilization of personnel by

such committees shall be on a reimbursable basis and shall require, with

respect to committees of the Senate, the prior written consent of the

Committee on Rules and Administration, and with respect to committees

of the House of Representatives, the prior written consent of the

Committee on House Oversight. 400

Chapter 21-Defense Nuclear Facilities Safety Board

42 USC 2286. Sec. 311. Establishment 401

(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.-(l) 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.-(l) 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;

4

""Public Law 95-110, 91 Stat. 884 (1977), added Chapter 20; Public Law 104-186, § 222(I), substituted

"House Oversight" for "House Administralion." 40' Public Law 100-456, 102 Stat. 2084 (1988). added Chapter 21, section 311 to [former] section 320.
Atomic Energy Act of 1954 (P.L. 83-703) 179

42 USC 22 8 6a.

(B) the organization of any administrative units established by

the Board; and

(C) the use and expenditure of funds.

(3) The Chairman may delegate any of the functions under this

paragraph to any other member or to any appropriate officer of the

Board.

(4) The Vice Chairman shall act as Chairman in the event of the

absence or incapacity of the Chairman or in case of a vacancy in the

office of Chairman.

(d) Terms.--(I) 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;
180 Atomic Energy Act of 1954 (P.L. 83-703)

(iii) to determine whether such event or practice is related

to other events or practices at other Department of Energy

defense nuclear facilities; and

(iv) to provide to the Secretary of Energy such

recommendations for changes in such standards or the

implementation of such standards (including Department of

Energy orders, regulations, and requirements) and such

recommendations relating to data or research needs as may be

prudent or necessary.

(3) Analysis Of Design And Operational Data.-The Board shall

have access to and may systematically analyze design and operational

data, including safety analysis reports, from any Department of

Energy defense nuclear facility.

(4) Review Of Facility Design And Construction.-The Board

shall review the design of a new Department of Energy defense

nuclear facility before construction of such facility begins and shall

recommend to the Secretary, within a reasonable time, such

modifications of the design as the Board considers necessary to

ensure adequate protection of public health and safety. During the

construction of any such facility, the Board shall periodically review

and monitor the construction and shall submit to the Secretary, within

a reasonable time, such recommendations relating~to the construction

of that facility as the Board considers necessary to ensure adequate

protection of public health and safety. An action of the Board, or a

failure to act, under this paragraph may not delay or prevent the

Secretary of Energy from carrying out the construction of such a

facility.

(5) Recommendations.-The Board shall make such

recommendations to the Secretary of Energy with respect to

Department of Energy defense nuclear facilities, including operations

of *such facilities, standards, and research needs, as the Board

determines are necessary to ensure adequate protection of public

health and safety. In making its recommendations the Board shall

consider the technical and economic feasibility of implementing the

recommended measures.

See. 313. Powers Of Board

(a) Hearings.-(I) The Board or a member authorized by the Board

may, for the purpose of carrying out this chapter, hold such hearings and

sit and act at such times and places, and require, by subpoena or

otherwise, the attendance and testimony of such witnesses and the

production of such evidence as the Board or an authorized member may

find advisable.

(2) (A) Subpoenas may be issued only under the signature of the

Chairman or any member of the Board designated by him and shall

be served by any person designated by the Chairman, any member, or

any person as otherwise provided by law. The attendance of witnesses

and the production of evidence may be required from any place in the

United States at any designated place of hearing in the United States.

(B) Any member of the Board may administer oaths or

affirmations to witnesses appearing before the Board.

(C) If a person issued a subpoena under paragraph (1) refuses

to obey such subpoena or is guilty of contumacy, any court of the

United States within the judicial district within which the hearing

is conducted or within the judicial district within which such

person is found or resides or transacts business may (upon

application by the Board) order such person to appear before the

42 USC 2286b.
Atomic Ener2v Act of 1954 (P.L. 83-703) 181

Classified

information.

42 USC 2286b.

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 beserved in the manner

provided for subpoenas issued by a United States district court

under the Federal Rules of Civil Procedure for the United States

district courts.

(E) All process of any court to which application may be made

under this section may be served in the judicial district in which

the person required to be served resides or may be found.

(b) Staff.-The Board may, for the purpose of performing its

responsibilities under this Chapter-

(I) hire such staff as it considers necessary to perform the

functions of the Board, but not more than the equivalent of 100 fulltime employees; and

(2) procure the temporary and intermittent services of experts and

consultants to the extent authorized by section 3109(b) of title 5,

United States Code, at rates the Board determines to be reasonable.

(c) Regulations.-The Board may prescribe regulations to carry out the

(d) Reporting Requirements.-The Board may establish reporting

requirements for the Secretary of Energy which shall be binding upon the

Secretary. The information which the Board may require the Secretary of

Energy to report under this subsection may include any information

designated as classified information, or any information designated as

safeguards information and protected from disclosure under section 147

or 148 of this Act.

(e) Use Of Government Facilities, Etc.-The Board may, for the

purpose of carrying out its responsibilities under this chapter, use any

facility, contractor, or employee of any other department or agency of the

Federal Government with the consent of and under appropriate support

arrangements with the head of such department or agency and, in the case

of a contractor, with the consent of the contractor.

(f) Assistance From Certain Agencies Of The Federal Government.-

With the consent of and under appropriate support arrangements with the

Nuclear Regulatory Commission, the Board may obtain the advice and

recommendations of the staff of the Commission on matters relating to

the Board's responsibilities and may obtain the advice and

recommendations of the Advisory Committee on Reactor Safeguards on

such matters.

(g) Assistance From Organizations Outside The Federal

Government-The Board may enter into an agreement with the National

Research Council of the National Academy of Sciences or any other

appropriate group or organization of experts outside the Federal

Government chosen by the Board to assist the Board in carrying out its

responsibilities under this chapter.

(h) Resident Inspectors.-The Board may assign staff to be stationed at

any Department of Energy defense nuclear facility to carry out the

functions of the Board.

(i) Special Studies.-The Board may conduct special studies pertaining

to adequate protection of public health and safety at any Department of

Energy defense nuclear facility.

0) 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
42 USC 2286c.

Contracts.

42 USC 2286d.

Federal

Register,

publication.

Federal

Register.

publication.

182 Atomic Energy Act of 1954 (P.L. 83-703)

(2) suggestions for specific measures to improve the content of

standards described in section 312(1), the implementation of such

standards, or research relating to such standards at Department of

Energy defense nuclear facilities.

Sec. 314. Responsibilities Of The Secretary Of Energy

(a) Cooperation.-The Secretary of Energy shall fully cooperate with

the Board and provide the Board with ready access to such facilities,

personnel, and information as the Board considers necessary to carry out

its responsibilities under this chapter. Each contractor operating a

Department of Energy defense nuclear facility under a contract awarded

by the Secretary shall, to the extent provided in such contract or

otherwise with the contractor's consent, fully cooperate with the Board

and provide the Board with ready access to such facilities, personnel, and

information of the contractor as the Board considers necessary to carry

out its responsibilities under this chapter.

(b) Access To Information.-The Secretary of Energy may deny

access to information provided to the Board to any person who-

(I) 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).
Atomic Enerev Act of 1954 (P.L. 83-703) 183

(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 3 12, 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.-

(I) 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. (I) 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

U.S.

Public

in formation.

42 USC 2286e.

42 USC 2286f.

42 USC 2286g.

184 Atomic Energy Act of 1954 (P.L. 83-703)

(2) At the same time that the Board transmits a recommendation

relating to an imminent or severe threat to the Secretary of Energy,

the Board shall also transmit the recommendation to the President and

for information purposes to the Secretary of Defense. The Secretary

of Energy shall submit his recommendation to the President. The

President shall review the Secretary of Energy's recommendation and

shall make the decision concerning acceptance or rejection of the

Board's recommendation.

(3) After receipt by the President of the recommendation from the

Board under this subsection, the Board promptly shall make such

recommendation available to the public and shall transmit such

recommendation to the Committees on Armed Services and on Appropriations of the Senate and to the Speaker of the House of

Representatives. The President shall promptly notify such committees

and the Speaker of his decision and the reasons for that decision.

(h) Limitation.-Notwithstanding any other provision of this section,

the requirements to make information available to the public under this

section-

(I) 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 3 1, United State Code, a written report concerning

the activities of the Department of Energy under this chapter during the

Sear preceding the year in which the report is submitted.

ec. 317. Judicial Review

Chapter 7 of title 5, United States Code, shall apply to the activities of

the Board under this chapter.

See. 318. Definition

As used in this chapter, the term "Department of Energy defense

nuclear facility" means any of the following:
Atomic Energy Act of 1954 (P.L. 83-703) 185

42 USC 2286h.

42 tJSC 2286h-1.

42 USC 2286i.

42 USC 2210

note.

Contracts.

(1) A production facility or utilization facility (as defined in

section II of this Act) that is under the control or jurisdiction of the

Secretary of Energy and that is operated for national security

purposes, but the term does not include-

(A) any facility or activity covered by Executive Order No.

12344, dated February 1, 1982, pertaining to the Naval nuclear

propulsion program;

(B) any facility or activity involved with the assembly or

testing of nuclear explosives or with the transportation of nuclear

explosives or nuclear material;

(C) any facility that does not conduct atomic energy defense

activities; or

(D) any facility owned by the United States Enrichment

Corporation.

(2) A nuclear waste storage facility under the control or

jurisdiction of the Secretary of Energy, but the term does not include

a facility developed pursuant to the Nuclear Waste Policy Act of 1982

(42 USC 10101 et seq.) and licensed by the Nuclear Regulatory

Commission.

Sec. 319. Contract Authority Subject To Appropriations

The authority of the Board to enter into contracts under this chapter is

effective only to the extent that appropriations (including transfers of

appropriations) are provided in advance for such purpose.

Sec. 320. Transmittal Of Certain Information to

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 3 16(a, the

Board shall submit at the same time a copy thereof to the Congresh'

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.4 4

NEGOTIATED RULEMAKING ON FINANCIAL

PROTECTION FOR RADIOPHARMACEUTICAL

LICENSEES

(A) Rulemaking Proceeding.-

(]) Purpose.-The Nuclear Regulatory Commission (hereafter in

*this section referred to as the "Commission") shall initiate a

proceeding, in accordance with the requirements of this section, to

determine whether to enter into indemnity agreements under section

170 of the Atomic Energy Act of 1954 (42 USC 2210) with persons

licensed by the Commission under section 81, 104(a), or 104(c) of the

Atomic Energy Act of 1954 (42 USC 2111, 2134(a), and 2134(c)) or

by a State under section 274(b) of the Atomic Energy Act of 1954 (42

USC 2021(b)) for the manufacture, production, possession, or use of

4

112P.L. 103-160, Div C., Title XXXII, § 3202(a)(2), 107 Stat 1959 (1993), inserted 320. 4

" 3P.L. 103-160, Div C., Title XXXII, § 3202(a)(I), 107 Stat 1959 (1993), inserted 320 and renumbered this

section [formerly section 320] as section 321. 4

"P.L. 100-456, 102 Stat. 2084 (1988), added Chapter 21, section 311 to [former] section 320.
186 Atomic Energy Act of 1954 (P.L. 83-703)

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.405

Title II-United States Enrichment Corporation

Chapter 22-General Provisions

Sec. 1201. Definitions

For purposes of this title:4 °0 407

4

0 1Public Law 100-408, section 19, 102 Stat. 1066 (1988), provided for this rulemaking, which is not part of

the Atomic Energy Act. 4

" 6Added by P.L. 102-486, 106 Stat. 2924. ...Section will be repealed on privatization date. Act April 26, 1996, P.L. 104-134, Title 111, Chapter 1,

Subchapter A, § 3116(a), 110 Stat. 1321-349, provides: Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 USC 2297-2297e-7) are repealed as of

the privatization date.
Atomic Energy Act of 1954 (P.L. 83-703) 187

42 USC 2297. (I) 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, I having a

higher percentage of a fissile isotope and I having a lower

percentage.4 °

8

(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.)

""Severability provisions for Title IX of Public Law 102-486, section 904, 106 Stat. 2946, Oct 24, 1992,

provide the following:

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,

fbr 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 Ill, 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.
188 Atomic Energy Act of 1954 (P.L. 83-703)

42 USC 2297a. Sec. 1202. Purposes 40 9

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.

(1I) To take all other lawful actions in furtherance of these

purposes.

Chapter 23-Establishment, Powers, And Organization Of

Corporation

See. 1301. Establishment Of The Corporation.

(a) 4

1

0 411 IN GENERAL.-There is established a body corporate to be

known as the United States Enrichment Corporation.

42 USC 2297b. (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.

• Section will be repealed on privatization date. Act April 26, 1996, Public Law 104-134,

110 Stat. 1321-349.

"•lAdded by P.L. 102-486, 106 Stat. 2925. 41'§ 2297b to 2297b-15, Repealed by Public Law 104-134, Title Ill, § 3116(a)(1), I10 Stat. 1321-349

(1996). (USEC's privatization was completed July 28, 1998). It provides: Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 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.)
Atomic Enerav Act of 1954 (P.L. 83-703) 189

42 USC 2297b-I.

42 USC 2297b-2.

42 USC 2297b-3.

(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 appropriate in the conduct of its business.

Sec. 1303. Powers Of The Corporation

In order to accomplish its purposes, the Corporation-

(I) shall, except as provided in this title or applicable Federal law,

have all the powers of a private corporation incorporated under the

*District of Columbia Business Corporation Act;

(2) shall have the priority of the United States with respect to the

payment of debts out of bankrupt, insolvent, and decedents' estates;

(3) may obtain from the Administrator of General Services the

services the Administrator is authorized to provide agencies of the

United States, on the same basis as those services are provided to

other agencies of the United States;

(4) shall enrich uranium, provide for uranium to be enriched by

others, or acquire enriched uranium (including low-enriched uranium

derived from highly enriched uranium provided under section 1408);

(5) may conduct, or provide for conducting, those research and

development activities related to uranium enrichment and related

processes and activities the Corporation considers necessary or

advisable to maintain the Corporation as a commercial enterprise

operating on a profitable and efficient basis;

(6) may enter into transactions regarding uranium, enriched

uranium, or depleted uranium with-

(A) persons licensed under section 53, 63, 103, or 104 in

accordance with the licenses held by those persons;

(B) persons in accordance with, and within the period of, an

agreement for cooperation arranged under section 123; or

(C) persons otherwise authorized by law to enter into such

transactions;

(7) may enter into contracts with persons licensed under section

53, 63, 103, or 104, for as long as the Corporation considers

necessary or desirable, to provide uranium or uranium enrichment

and related services;

(8) may enter into contracts to provide uranium or uranium

enrichment and related services in accordance with, and within the

period of, an agreement for cooperation arranged under section 123 or

as otherwise authorized by law; and

(9) shall sell to the Department as provided in this title, without

regard to section 57e., the amounts of uranium enrichment and related

services that the Department determines from time to time are

required for it to-

(A) carry out Presidential directions and authorizations under

section 91; and

(B) conduct other Department programs.

Sec. 1304. Board Of Directors

(a) IN GENERAL.-The powers of the Corporation are vested in the

Board of Directors.

(b) APPOINTMENT.-The Board of Directors shall consist of five

individuals, to be appointed by the President by and with the advice and
190 Atomic Energy Act of 1954 (P.L. 83-703)

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.-

(I) 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 I-year term;

(B) I shall be appointed for a 2-year term;

(C) I shall be appointed for a 3-year term; and

(D) I shall be appointed for a 4-year term.

(3) REAPPOINTMENT.-Members of the Board may be

reappointed by the President, by and with the advice and consent of

the Senate.

(e) VACANCIES.-Upon the occurrence of a vacancy on the Board,

the President by and with the advice and consent of the Senate shall

appoint an individual to fill such vacancy for the remainder of the

applicable term.

(f) MEETINGS AND QUORUM.-The Board shall meet at any time

pursuant to the call of the Chairman and as provided by the bylaws of the

Corporation, but not less than quarterly. Three voting members of the

Board shall constitute a quorum. A majority of the Board shall adopt and

from time to time may amend bylaws for the operation of the Board.

(g) POWERS.-The Board shall be responsible for general

management of the Corporation and shall have the same authority,

privileges, and responsibilities as the board of directors of a private

corporation incorporated under the District of Columbia Business

Corporation Act.

(h) COMPENSATION.-Members of the Board shall serve on a parttime basis and shall receive per diem, when engaged in the actual

performance of Corporation duties, plus reimbursement for travel,

subsistence, and other necessary expenses incurred in the performance of

their duties.

(i) MEMBERSHIP OF SECRETARY OF TREASURY.-The

President may appoint the Secretary of the Treasury or his designee to

serve as a member of the Board or as a nonvoting, ex officio member of

the Board.

(j) CONFLICT OF INTEREST REQUIREMENTS.-No director,

officer, or other management level employee of the Corporation may have a financial interest in any customer, contractor, or competitor of the

Corporation or in any business that may be adversely affected by the

success of the Corporation.

Sec. 1305. Employees Of The Corporation.

(a) APPOINTMENT.-The Board shall appoint such officers and

employees as are necessary for the transaction of its business.

(b) COMPENSATION, DUTIES, AND REMOVAL-The Board

shall, without regard to section 5301 of title 6, United States Code, fix

the compensation of all officers and employees of the Corporation, define

their duties, and provide a system of organization to fix responsibility

42 USC 2297h-4.
Atomic Ener v Act of 1954 (P.L. 83-703) 191 At.m..... ..... Act ... 1.. 4.. PL...... ... 1

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.-

(I) 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 el seq.).

(4) BENEFITS OF TRANSFEREES AND DETAILEES.-At the

request of the Board and subject to the approval of the Secretary, an

employee of the Department may be transferred or detailed as

provided for in section 1315, to the Corporation without any loss in

accrued benefits or standing within the Civil Service System. For

those employees who accept transfer to the Corporation, it shall be

their option as to whether to have any accrued retirement benefits

transferred to a retirement system established by the Corporation or to

retain their coverage under either the Civil Service Retirement

System or the Federal Employees' Retirement System, as applicable,

in lieu of coverage by the Corporation's retirement system. For those

employees electing to remain with one of the Federal retirement

systems, the Corporation shall withhold pay and make such payments

as are required under the Federal retirement system. For those

Department employees detailed, the Department shall offer those

employees a position of like grade, compensation, and proximity to

their official duty station after their services are no longer required by

the Corporation.
42 IISC 2297b-5.

42 USC 2297b-6.

42 USC 2297b-7.

192 Atomic Energy Act of 1954 (P.L. 83-703)

See. 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.-

(I) IN GENERAL.-The Comptroller General may audit the

financial statements of the Corporation for any year in the manner

provided in subsection (a)( I).

(2) REIMBURSEMENT BY CORPORATION.-The Corporation

shall reimburse the Comptroller General for the full cost of any audit

conducted under this subsection, as determined by the Comptroller

General.

(c) AVAILABILITY OF BOOKS AND RECORDS.-All books,

accounts, financial records, reports, files, papers, and other property

belonging to or in use by the Corporation and its auditor that the

Comptroller General considers necessary to the performance of any audit

or review under this section shall be made available to the Comptroller

General, subject to section 1314.

(d) TREATMENT OF GAO AUDITS.-Activities the Comptroller

General conducts under this section shall be in lieu of any other audit of

the financial transactions of the Corporation the Comptroller General is

required to make under chapter 91 of title 31, United States Code, or

other law.

Sec. 1307. Annual Reports

(a) IN GENERAL.-The Corporation shall prepare and submit an

annual report of its activities to the President and the Congress. This

report shall contain-

(1) a general description of the Corporation's operations;

(2) a summary of the Corporation's operating and financial

performance, including an explanation of the decision to pay or not

pay dividends;

(3) copies of audit reports prepared under section 1305;

(4) the information required under regulations issued under

section 13 of the Securities Exchange Act of 1934 (15 USC 78m);

and

(5) an identification and assessment of any impairment of capital

or ability of the Corporation to comply with this title.

(b) DEADLINE.-The report shall be completed not later than 150

days following the close of each of the Corporation's fiscal years and

shall accurately reflect the financial position of the Corporation at fiscal

gear ec. end. 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
193

Atomic Energv Act of 1954 (P.L. 83-703)t19

42 USC 2297b-8.

year limitation, for carrying out its purposes, functions, and powers, and

which shall not be subject to apportionment under subchapter 11 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

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.
42 USC 2297b-9.

42 USC 2297b-10.

194 Atomic Energy Act of 1954 (P.L. 83-703)

(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:

(I) The Corporation shall take into account the customs and

practices prevailing in the area with respect to appraisal, assessment,

and classification of industrial property and any special

considerations extended to large-scale industrial operations.

(2) The payment made to any taxing authority for any period shall

not be less than the payments that would have been made to the

taxing authority for the same period by the Department and its costtype contractors on behalf of the Department with respect to property

that has been transferred to the Corporation under section 1404 and

that would have been attributable to the ownership, management,

operation, and maintenance of the Department's uranium enrichment

facilities, applying the laws and policies prevailing immediately prior

to the transition date.

(c) TIME OF PAYMENTS.-Payments shall be made by the

Corporation at the time when payments of taxes by taxpayers to each

taxing authority are due and payable.

(d) DETERMINATION OF AMOUNT DUE.-The determination by

the Corporation of the amounts due under this section shall be final and

conclusive.

Sec. 1311. Cooperation With Other Agencies

The Corporation may request to use on a reimbursable basis the

available services, equipment, personnel, and facilities of agencies of the

United States, and on a similar basis may cooperate with such agencies in

the establishment and use of services, equipment, and facilities of the

Corporation. Further, the Corporation may confer with and avail itself of

the cooperation, services, records, and facilities of State, territorial,

municipal, or other local agencies.
Atomic Enerav Act of 1954 (P.L. 83-703) 195

42 USC 2297b-I .

42 USC 2297b-12.

Sec. 1312. Applicability Of Certain Federal Laws

(a) ANTITRUST LAWS.-The Corporation shall conduct its activities

in a manner consistent with the policies expressed in the following

antitrust laws:

(1) The Sherman Act (15 USC 1-7).

(2) The Clayton Act (15 USC 12-27).

(3) Sections 73 and 74 of the Wilson Tariff Act (15 USC 8 and 9).

(b) ENVIRONMENTAL LAWS.-The Corporation shall be subject

to, and comply with, all Federal and State, interstate, and local

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)(l ), and 19 of the Occupational Safety and Health Act of 1970 (29

USC 652(5), 653(b) (1), and 668)), the Corporation shall be subject to,

and comply with, such Act and all regulations and standards promulgated

thereunder in the same manner, and to the same extent, as an employer is

subject to such Act. For the purposes of enforcing such Act (including

any injunctive relief, administrative order, or civil, administrative, or

criminal penalty or fine) against the Corporation, the United States

expressly waives any immunity otherwise applicable to the Corporation.

(d) LABOR STANDARDS.-The Act of March 3, 1931 (known as

the Davis-Bacon Act) (40 USC 276a et seq.) and the Service Contract

Act of 1965 (41 USC 351 et seq.) shall apply to the Corporation. All

laborers and mechanics employed on the construction, alteration, or

repair of projects funded, in whole or in part, by the Corporation shall be

paid wages at rates not less than those prevailing on projects of a similar

character in the locality as determined by the Secretary of Labor in

accordance with such Act of March 3, 1931. The Secretary of Labor shall

have, with respect to the labor standards specified in this subsection, the

authority and functions set forth in Reorganization Plan Numbered 14 of

1950 (15 F.R. 3176, 64 Stat. 1267) and the Act of June 13, 1934 (40 USC

276c).

(e) ENERGY REORGANIZATION ACT REQUIREMENTS.- The

Corporation is subject to the provisions of section 210 of the Energy

Reorganization Act of 1974 (42 USC 5850) to the same extent as an

employer subject to such section, and, with respect to the operation of the

facilities leased by the Corporation, section 206 of the Energy

Reorganization Act of 1974 (42 USC 5846) shall apply to the directors

and officers of the Corporation.

(f) EXEMPTION FROM FEDERAL PROPERTY

REQUIREMENTS.-The Corporation shall not be subject to the Federal

Property and Administrative Services Act of 1949 (41 USC 471 et seq.). Sec. 1313. Security

Any references to the term "Commission" or to the Department in

sections 161k., 221a., and 230 shall be considered to include the

Corporation.
42 USC 2297b-13.

42 USC 2297b-14.

President.

42 IISC 2297b-15.

196 Atomic Energy Act of 1954 (P.L. 83-703)

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. 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.
Atomic Energy Act of 1954 (P.L. 83-703) 197

42 USC 2297c.

Chapter 24-Rights, Privileges, And Assets Of The

Corporation

Sec. 1401. Marketing And Contracting Authority

(a) 41

2 413 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.

(I) 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, 41 4 shall not transfer to

the Corporation.

(B) NONTRANSFERABLE POWER CONTRACTS.-If the

Secretary determines that a power purchase contract executed by

the Department prior to the transition date cannot be transferred

under its terms, the Secretary may continue to receive power

under the contract and resell such power to the Corporation at

cost.

(C) NONPOWER APPLICATIONS.-Contracts for enriched

uranium and uranium services in existence as of the date of the

enactment of this title for research and development or other

nonpower applications shall remain with the Department. At the

request of the Department, the Corporation, in consultation with

the Department, may enter into such contracts it determines to be 415

4

"Added 413 by P.L. 102-486, 106 Stat. 2934. Section will be repealed on privatization date. Public Law 104-134, Title ttI, Chapter I, subchapter A,

section 3116(a). I 10 Stat. 1321-349 (1996), provides the following: 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

" 4Public Law 102-572, Title IX, section 902(b)(1), 106 Stat. 4516 (1992) , struck "United States Claims

Court" and inserted "Court of Federal Claims." 4

"'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(b)(1) of Act Oct. 29, 1992, Public Law 102-572, which appears as 28

U.S.C.S. 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. Title Ill, Chapter I,

subchapter A, section 3116(a), I 10 Stat. 1321-349, provides: "Chapters 22 through 26 of the Atomic Energy

Act of 1954 (42 USC 2 29 7-2 297e-7) are repealed as of the privatization date." (The "privatization date" is

defined at 42 U.S.C.S. section Z297h(9) as the date on which 100 percent of the ownership of the United States

Enrichment Corporation has been transferred to private investors.)
42 t1SC 2297c-1.

42 USC 2297c-2.

198 Atomic Energy Act of 1954 (P.L. 83-703)

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

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 1 70d.

(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).
Atomic Enerpv Act of 1954 (P.L. 83-703) 199

42 USC 2 297c-3.

42 USC 2 297c-4.

42 I.SC 2297c-5.

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)(l), and the dividends paid under

subsection (b), shall constitute the sole recovery by the United States of

previously unrecovered costs (including depreciation and imputed

interest on original plant investments in the Department's gaseous

diffusion plants) that have been incurred by the United States for uranium

enrichment activities prior to the transition date.

Sec. 1405. Patents And Inventions

The Corporation may at any time apply to the Department for a patent

license for the use of an invention or discovery useful in the production

or utilization of special nuclear material or atomic energy covered by a

patent when the patent has not been declared to be affected with the

public interest under section 1 53a. 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.
42 USC 2297c-6.

42 USC 2297c-7.

200 Atomic Energy Act of 1954 (P.L. 83-703)

(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).

See. 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

least-cost approach to providing blending and conversion services,

compatible with environmental, safety, security, and nonproliferation

requirements. The plan shall include a competitive process that the

Corporation shall use for selecting a provider of such services, including

the public solicitation of proposals from the private sector to allow a

determination of the least-cost approach.

(d) MINIMIZATION OF IMPACT ON DOMESTIC

INDUSTRIES.-The Corporation shall seek to minimize the impact on

domestic industries (including uranium mining) of the sale of lowenriched uranium derived from highly enriched uranium.

Chapter 25-Privatization Of The Corporation

Sec. 1501. Strategic Plan For Privatization

(a)416 117 IN GENERAL.-Within 2 years after the transition date, the

Corporation shall prepare a strategic plan for transferring ownership of

42 USC 2297d.

" 6Added by P.L. 102-486, 106 Stat. 2937 ..7§ 2297d, 2297d-lis repealed by Public Law 104-134, Title III, § 31116(a)(1), 110 Stat. 1321-349 (1996).

Section will be repealed on privatization date. It provides the following:
Atomic Energy Act of 1954 (P.L. 83-703) 201

42 USC 2297d-1.

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 itspreferred 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-

(I) result in a return to the United States at least equal to the net

present value of the Corporation;

(2) not result in the Corporation being owned, controlled, or

dominated by an alien, a foreign corporation, or a foreign

government;

(3) not be inimical to the health and safety of the public or the

common defense and security; and

(4) provide reasonable assurance that adequate enrichment

capacity will remain available to meet the domestic electric utility

industry.

(b) REQUIREMENT OF PRESIDENTIAL APPROVAL.-The

Corporation may not implement the privatization plan without the

approval of the President.

(c) NOTIFICATION OF CONGRESS AND GAO EVALUATION.-

The Corporation shall notify the Congress of its intent to implement the

privatization plan. Within 30 days of notification, the Comptroller

General shall submit a report to Congress evaluating the extent to which-

(1) the privatization plan would result in any ongoing obligation

or undue cost to the Federal Government; and

(2) the revenues gained by the Federal Government under the

privatization plan would represent at least the net present value of the

Corporation.

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.)
42 USC 2297e.

42 USC 2297e-I.

202 Atomic Energy Act of 1954 (P.L. 83-703)

(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) 41

8 419 IN GENERAL.-The Corporation shall prepare an

assessment of the economic viability of proceeding with the

commercialization of AVLIS and alternative technologies for uranium

enrichment in accordance with this chapter. The assessment shall

include-

(1) an evaluation of market conditions together with a marketing

strategy;

(2) an analysis of the economic viability of competing enrichment

technologies;

(3) an identification of predeployment and capital requirements

for the commercialization of AVLIS and alternative technologies for

uranium enrichment;

(4) an estimate of potential earnings from the licensing of AVLIS

and alternative technologies for uranium enrichment to a private

government sponsored corporation;

(5) an analysis of outstanding and potential patent and related

claims with respect to AVLIS and alternative technologies for

uranium enrichment, and a plan for resolving such claims; and

(6) a contingency plan for providing enriched uranium and related

services in the event that deployment of AVLIS and alternative

technologies for uranium enrichment is determined not to be

economically viable.

(b) DETERMINATION BY CORPORATION TO PROCEED WITH

COMMERCIALIZATION OF AVLIS OR ALTERNATIVE

TECHNOLOGIES FOR URANIUM ENRICHMENT.-The succeeding

sections of this chapter shall apply only to the extent the Corporation

determines in its business judgment, on the basis of the assessment

prepared under subsection (a), to proceed with the commercialization of

AVLIS or alternative technologies for uranium enrichment.

Sec. 1602. Transfer Of Rights And Property To United

States Enrichment Corporalion

(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.

4

"Added 4 by P.L. 102-486, 106 Stat. 2939. "Section will be repealed on privatization date. Act April 26, 1996, P.L. 104-134, Title 111, Chapter I,

Subchapter A, § 3116(a), I 10 Stat. 1321-349, 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.)
Atomic Enerev Act of 1954 (P.L. 83-703) 203

(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 (I)(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,

orjudgments under this subsection.

Sec. 1603. Predeployment Activities By United States

Enrichment Corporation

The Corporation may begin activities necessary to prepare AVLIS or

alternative technologies for uranium enrichment for commercialization

including-

(I) completion of preapplication activities with the Nuclear

Regulatory Commission;

(2) preparation of a transition plan to move AVLIS or alternative

technologies for uranium enrichment from the laboratory to the

marketplace;

(3) confirmation of technical performance;

(4) validation of economic projections;

(5) completion of feasibility and risk studies;

(6) initiation of preliminary plant design and engineering; and

(7) site selection, site characterization, and environmental

documentation activities on the basis of site evaluations and

recommendations prepared for the Department by the Argonne

National Laboratory.

Sec. 1604. United States Enrichment Corporation Sponsorship Of Private For-Profit Corporation To

Construct AVLIS And Alternative Technologies For

Uranium Enrichment

(a) ESTABLISHMENT.-

(1) IN GENERAL.-If the Corporation determines to proceed with

the commercialization of AVLIS or alternative technologies for

uranium enrichment under this chapter, the Corporation may provide

for the establishment of a private for-profit corporation, which shall

have as its initial purpose the construction of a uranium enrichment

42 USC 2 2 9 7e-2.

42 1]SC 2 2 97e-3.
204 Atomic Energy Act of 1954 (P.L. 83-703)

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 (I), 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 Ist 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.-

(I) NOT FEDERAL AGENCY.-The private corporation

established under subsection (a) shall not be an agency,

instrumentality, or establishment of the United States Government

and shall not be a Government corporation or Government controlled

corporation.

(2) NO RECOURSE AGAINST UNITED STATES.-Obligations

of the private corporation established under subsection (a) shall not

be obligations of, or guaranteed as to principal or interest by, the

Corporation or the United States, and the obligations shall so plainly

state.

(3) NO CLAIMS COURT JURISDICTION.-NO action under

section 1491 of title 28, United States Code, shall be allowable

against the United States based on the actions of the private

corporation established under subsection (a).

(c) TRANSACTIONS BETWEEN UNITED STATES

ENRICHMENT CORPORATION AND PRIVATE CORPORATION;-

(1) GRANTS FROM USEC.-The Corporation may make grants

to the private corporation established under subsection (a) from

amounts available in the AVLIS Commercialization Fund. Such

grants shall be used by the private corporation to carry out any

remaining predeployment activity assigned to the private corporation

by the Corporation. Such grants may not be used for the costs of

constructing an AVLIS, or alternative technologies for uranium

enrichment, production facility or engaging in directly related

preconstruction activities (other than such assigned predeployment

activities). The aggregate amount of such grants shall not exceed

$364,000,000.

(2) LICENSING AGREEMENT.-The Corporation shall license

to the private corporation established under subsection (a) the rights,

titles, and interests provided to the Corporation under section 1602.

The licensing agreement shall require the private corporation to make

periodic payments to the Corporation in an amount that is not less

than the aggregate amounts paid by the Corporation during the period

involved under subsections (a) and (c) of section 1602.

(3) PURCHASE AGREEMENT.-The Corporation may enter into

a commitment to purchase all enriched uranium produced at an

AVLIS, or alternative technologies for uranium enrichment, facility

of the private corporation established under subsection (a) at a price

negotiated by the 2 corporations that-
Atomic Enerev Act of 1954 (P.L. 83-703) 205

42 USC 2297e-4.

42 USC 2297e-5.

42 USC 2297e-6.

42 USC 2297e-7.

(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-

(I) expenses of the Corporation in preparing the assessment under

section 1601;

(2) expenses of predeployment activities under section 1603; and

(3) grants to the private corporation under section 1604.

(c) LIMITATIONS.-

(1) EXCLUSIVE SOURCE OF FUNDS.-The Corporation may

not incur any obligation, or expend any amount, with respect to

AVLIS or alternative technologies for uranium enrichment, except

from amounts available in the AVLIS Commercialization Fund.

(2) UNAVAILABLE FOR CONSTRUCTION COSTS.-No

amount may be used from the AVLIS Commercialization Fund for

the costs of constructing an AVLIS, or alternative technologies for

uranium enrichment, production facility or engaging in directly

related preconstruction activities (other than activities specified in

subsection (b)).

(d) AUTHORIZATION OF APPROPRIATIONS.-There is

authorized to be appropriated $364,000,000 from the Uranium

Enrichment Special Fund for purposes of this section.

(e) COST REPORT.-On the basis of the assessment under section

1601(a)(3), the Corporation shall submit to the Congress a report on the

capital requirements for commercialization of AVLIS.

Sec. 1606. Department Research And Development Assistance

If requested by the Corporation, the Secretary shall provide, on a

reimbursable basis, research and development of AVLIS and alternative

technologies for uranium enrichment.

Sec. 1607. Site Selection

This chapter shall not prejudice consideration of the site of an

existing uranium enrichment facility as a candidate site for future

expansion or replacement of uranium enrichment capacity through

AVLIS or alternative technologies for uranium enrichment. Selection of

a site for the AVLIS, or alternative technologies for uranium enrichment,

facility shall be made on a competitive basis, taking into consideration

economic performance, environmental compatibility, and use of any

existing uranium enrichment facilities.

Sec. 1608. Exclusion From Price-Anderson Coverage

Section 170 shall not apply to any license under section 53, 63, or 103

for a uranium enrichment facility constructed after the date of the

enactment of this title.
42 USC 2297f.

206 Atomic Energy Act of 1954 (P.L. 83-703)

Chapter 27-Licensing And Regulation Of Uranium

Enric iment Facilities

Sec. 1701. Gaseous Diffusion Facilities

(a) 420 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.-

(I) ESTABLISHMENT.-The Nuclear Regulatory Commission

shall establish a certification process to ensure that the Corporation

complies with standards established under subsection (a).

(2) PERIODIC APPLICATION FOR CERTIFICATE OF

COMPLIANCE.-The Corporation shall apply to the Nuclear

Regulatory Commission for a certificate of compliance under

paragraph (1) periodically, as determined by the Commission, but not

less than every 5 years. The Commission shall review any such

application and any determination made under subsection (b)(2) shall

be based on the results of any such review.42'

(3) TREATMENT OF CERTIFICATE OF COMPLIANCE.-The

requirement for a certificate of compliance under paragraph (I) 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

ýZaAdded by Public Law 102-486, 106 Stat. 2951 (1992), as amended by Public 104-134, Title I11, Chapter 1,

Subchapter A, section 3116(b)(3), 110 Stat. 1321-349 (1996); Public Law 105-362, Title 11, section 1202,

4112 21 Stat. 3292 (1998). As amended April 26, 1996, P.L. 104-134, Title Ill, Chapter 1, subchapter A, § 3116(b)(3), I10 Stat. 1321-

349, Nov. 10, 1998,; P.L. 105-362, Title XII, § 1202, 112 Stat. 3292.
Atomic Energv Act of 1954 (P.L. 83-703) 207

42 USC 2297f-I.

42 USC 2297f-2.

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 193.422

(b) COSTS FOR DECONTAMINATION AND

DECOMMISSIONING.-The Corporation shall provide for the costs of

decontamination and decommissioning of any Corporation facilities

described in subsection (a) in accordance with the requirements of the

amendments made by section 5 of the Solar, Wind, Waste, and

Geothermal Power Production Act of 1990.

Sec. 1703. Regulation Of Restricted Data

The Corporation shall be subject to this Act with respect to the use of,

or access to, Restricted Data to the same extent as any private

corporation.

Chapter 28-Decontamination And Decommissioning

Sec. 1801. Uranium Enrichment Decontamination And

Decommissioning Fund

(a) 423 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.-

42 USC 2297g.

'

22

Public Law 104-134, Title III, Chapter I, Subchapter A, section 3116(b)(4), 110 Stat. 1321-349,

April 26, 1996. 42 Added by P.L. 102-486, 106 Stat. 2953.
42 USC 229

7g-1.

208 Atomic Energy Act of 1954 (P.L. 83-703)

(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

$518,233,333 per fiscal year (to be annually adjusted for inflation

beginning on the date of the enactment of the Energy Policy Act of 1992

[October 24, 19921424 using the Consumer Price Index for all-urban

consumers published by the Department of Labor) as provided in this

section.

(b) SOURCE.-Deposits described in subsection (a) shall be from the

following sources:

(1) Sums collected pursuant to subsection (c).

(2) Appropriations made pursuant to subsection (d).

(c) SPECIAL ASSESSMENT.-The Secretary shall collect a special

assessment from domestic utilities. The total amount collected for a fiscal

year shall not exceed $160,000,000 (to be annually adjusted for inflation

using the Consumer Price Index for all-urban consumers published by the

Department of Labor). The amount collected from each utility pursuant

to this subsection on for a fiscal year shall be in the same ratio to the

amount required under subsection(a) to be deposited for such fiscal year as the total amount of separative work units such utility has purchased

from the Department of Energy for the purpose of commercial electricity

generation, before the date of the enactment of this title, bears to the total

amount of separative work units purchased from the Department of

Energy for all purposes (including units purchased or produced for

defense purposes) before the date of the enactment of this title. For

purposes of this subsection-

(I) 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

424

P.L. 105-388, 112 Stat. 3485 (1998), struck "$480,000,000;" P.L. 107-222, § I(c), struck out

"$488,333,333" and inserted "$518,233,333"; and inserted "beginning on the date of the enactment of the

Energy Policy Act of 1992" following "inflation."
Atomic Energy Act of 1954 (P.L. 83-703) 209

42 USC 2297g-2.

42 USC 2297g-3.

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-

(I) 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

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.
42 USC 2297g-4.

42 USC 2011

note.

42 USC 2297h.

210 Atomic Energy Act of 1954 (P.L. 83-703)

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 ]-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."42 5

Sec. 3102. Definitions

Except as provided in section 3112A. [42 USC 2297h-10a], 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.

(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 2021 b(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

.

25

Sections 3102 through 3115 were enacted as part of the USEC Privatization Act (Public Law 104-134,

Title III, Chapter I, Subchapter A, 110 Stat. 1321-335) and not as part of the Atomic Energy Act of 1954,

which 42 generally comprises this Chapter. "Public Law 110-329, 122 Stat. 3647, struck out "For purposes" and inserted "Except as provided in section

3112a."
Atomic Ener2v Act of 1954 (P.L. 83-703) 211

42 IJSC 2297h-1.

42 USC 2297h.2.

42 USC 2297h-3.

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.

Sec. 3103. Sale Of The Corporation

(a) Authorization.-The Board of Directors of the Corporation, with

the approval of the Secretary of the Treasury, shall transfer the interest of

the United States in the United States Enrichment Corporation to the

private sector in a manner that provides for the long-term viability of the

Corporation, provides for the continuation by the Corporation of the

operation of the Department of Energy's gaseous diffusion plants,

provides for the protection of the public interest in maintaining a reliable

and economical domestic source of uranium mining, enrichment and

conversion services, and, to the extent not inconsistent with such

purposes, secures the maximum proceeds to the United States.

(b) Proceeds.-Proceeds from the sale of the United States' interest in

the Corporation shall be deposited in the general fund of the Treasury.

Sec. 3104. Method Of Sale

(a) Authorization.-The Board of Directors of the Corporation, with

the approval of the Secretary of the Treasury, shall transfer ownership of

the assets and obligations of the Corporation to the private corporation

established under section 3105 (which may be consummated through a

merger or consolidation effected in accordance with, and having the

effects provided under, the law of the State of incorporation of the private

corporation, as if the Corporation were incorporated thereunder).

(b) Board Determination.-The Board, with the approval of the

Secretary of the Treasury, shall select the method of transfer and

establish terms and conditions for the transfer that will provide the

maximum proceeds to the Treasury of the United States and will provide

for the long-term viability of the private corporation, the continued

operation of the gaseous diffusion plants, and the public interest in

maintaining reliable and economical domestic uranium mining and

enrichment industries.

(c) Adequate Proceeds.-The Secretary of the Treasury shall not allow

the privatization of the Corporation unless before the sale date the

Secretary of the Treasury determines that the method of transfer will

provide the maximum proceeds to the Treasury consistent with the

principles set forth in section 3103(a).

(d) Application of Securities Laws.AAny 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

el 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
212 Atomic Energy Act of 1954 (P.L. 83-703)

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.-

(I) The private corporation shall not be an agency,

instrumentality, or establishment of the United States, a Government

corporation, or a Government-controlled corporation.

(2) Except as otherwise provided by this subchapter, financial

obligations of the private corporation shall not be obligations of, or

guaranteed as to principal or interest by, the Corporation or the

United States, and the obligations shall so plainly state.

(3) No action under section 1491 of title 28, United States Code,

shall be allowable against the United States based on actions of the

private corporation.

(c) Application of Post-Government Employment Restrictions.-

Beginning on the privatization date, the restrictions stated in section

207(a), (b), (c), and (d) of title 18, United States Code, shall not apply to

the acts of an individual done in carrying out official duties as a director,

officer, or employee of the private corporation, if the individual was an

officer or employee of the Corporation (including a director)

continuously during the 45 days prior to the privatization date.

(d) Dissolution.-In the event that the privatization does not occur, the

Corporation will provide for the dissolution of the private corporation

within one year of the private corporation's incorporation unless the

Secretary of the Treasury or his delegate, upon the Corporation's request,

agrees to delay any such dissolution for an additional year.

See. 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 3 108(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.

42 USC 2297h-4.

Records.

42 tSC 2297h-5.
Atomic Enerav Act of 1954 (P.L. 83-703) 213

(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 I, 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

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 officers4 27 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) Funding4 28

(A) The costs of arming and providing arrest authority to the

security policy officers required under paragraph (I) 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

42

"PL. 105-245, Title III, § 310, 112 Stat. 1853 (1998). 42

'PL. 105-245, Title I11, § 310, 112 Stat. 1853 (1998), added new paragraph (2).
214 Atomic Energy Act of 1954 (P.L. 83-703)

subcontractors of the Department; or (1I) 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.42 9

See. 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

were42 USC 2297h-6.

(1) transferred by the Secretary to the Corporation pursuant to

section 1401(b) of the Atomic Energy Act of 1954 (42 USC

2297c(b)), or

(2) entered into by the Corporation before the privatization date.

(b) Nontransferable Power Contracts.-The Corporation shall transfer

to the private corporation the right to purchase power from the Secretary

under the power purchase contracts for the gaseous diffusion plants

executed by the Secretary before July I, 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.

42

"Public Law 104-134, Title 111, Chapter 1. Subchapter A, section 3107, 110 Stat. 1321-338 (1996); Public

l.aw 105-62, Title V, section 511, 11I Stat. 1341 (1997); Public Law 105-245, Title Ill, section 310, 112 Stat.

1853 (1998).
Atomic Enerav Act of 1954 (P.L. 83-703) 215

42 USC 2297h-7.

(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.-

(I) Except as otherwise provided in this subchapter, all liabilities

arising out of the operation of the uranium enrichment enterprise

before July 1, 1993, shall remain the direct liabilities of the Secretary.

(2) Except as provided in subsection (a)(3) or otherwise provided

in a memorandum of agreement entered into by the Corporation and

the Office of Management and Budget prior to the privatization date,

all liabilities arising out of the operation of the Corporation between

July 1, 1993, and the privatization date shall remain the direct

liabilities of the United States.

(3) All liabilities arising out of the disposal of depleted uranium

generated by the Corporation between July 1, 1993, and the

privatization date shall become the direct liabilities of the Secretary.

(4) Any stated or implied consent for the United States, or any

agent or officer of the United States, to be sued by any person for any

legal, equitable, or other relief with respect to any claim arising from

any action taken by any agent or officer of the United States in

connection with the privatization of the Corporation is hereby

withdrawn.

(5) To the extent that any claim against the United States under

this section is of the type otherwise required by Federal statute or

regulation to be presented to a Federal agency or official for

adjudication or review, such claim shall be presented to the

Department of Energy in accordance with procedures to be

established by the Secretary. Nothing in this paragraph shall be

construed to impose on the Department of Energy liability to pay any

claim presented pursuant to this paragraph.

(6) The Attorney General shall represent the United States in any

action seeking to impose liability under this subsection.

(b) Liability of the Corporation.-Notwithstanding any provision of

any agreement to which the Corporation is a party, the Corporation shall

not be considered in breach, default, or violation of any agreement

because of the transfer of such agreement to the private corporation under

section 3108 or any other action the Corporation is required to take under

this subchapter.

(c) Liability of the Private Corporation.-Except as provided in this

subchapter, the private corporation shall be liable for any liabilities

arising out of its operations after the privatization date.

(d) Liability of Officers and Directors.-

(1) No officer, director, employee, or agent of the Corporation

shall be liable in any civil proceeding to any party in connection with

any action taken in connection with the privatization if, with respect
216 Atomic Energy Act of 1954 (P.L. 83-703)

to the subject matter of the action, suit, or proceeding, such person

was acting within the scope of his employment.

(2) This subsection shall not apply to claims arising under the

Securities Act of 1933 (15 USC 77a. et seq.), the Securities Exchange

Act of 1934 (15 USC 78a. et seq.), or under the Constitution or laws

of any State, territory, or possession of the United States relating to

transactions in securities.

42 tUSC 2297h-8. 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 colective bargaining

agreement covering employees in bargaining units at the plant and

in effect on the privatization date until the stated expiration or

termination date of the agreement; or

(B) in the event a collective bargaining agreement is not in

effect upon the privatization date, have the same bargaining

obligations under section 8(d) of the National Labor Relations Act

(29 USC 158(d)) as it had immediately before the privatization

date.

(4) If the private corporation replaces its operating contractor at a gaseous diffusion plant, the new employer (including the new

contractor or the private corporation if it operates a gaseous diffusion

plant without a contractor) shall-

(A) offer employment to non-management employees of the

predecessor contractor to the extent that their jobs still exist or

they are qualified for new jobs, and

(B) abide by the terms of the predecessor contractor's

collective bargaining agreement until the agreement expires or a

new agreement is signed.

(5) In the event of a plant closing or mass layoff (as such terms

are defined in section 2101(a) (2) and (3) of title 29, United States

Code) at either of the gaseous diffusion plants, the Secretary of

Energy shall treat any adversely affected employee of an operating

contractor at either plant who was an employee at such plant on July

1, 1993, as a Department of Energy employee for purposes of

sections 3161 and 3162 of the National Defense Authorization Act

for Fiscal Year 1993 (42 USC 7274h-7274i).

(6)(A) The Secretary and the private corporation shall cause the

post-retirement health benefits plan provider (or its successor) to

continue to provide benefits for eligible persons, as described under
Atomic Energy Act of 1954 (P.L. 83-703) 217

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 I, 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.

Deadline, (8) CONTINUITY OF BENEFITS-To the extend appropriations

Ohio. are provided in advance for this purpose or are otherwise available,

Kentucky. not later than 30 days after the date of enactment of this paragraph,

the Secretary shall implement such actions as are necessary to ensure

that any employee who-

(A) is involved in providing infrastructure or environmental

remediation services at the Portsmouth, Ohio, or the Paducah,

Kentucky, Gaseous Diffusion Plant;

(B) has been an employee of the Department of Energy's

predecessor management and integrating contractor (or its first or

second tier subcontractors), or of the Corporation, at the

Portsmouth, Ohio, or the Paducah, Kentucky, facility; and

(C) was eligible as of April I, 2005, to participate in or

transfer intothe Multiple Employer Pension Plan or the associated

multiple employer retiree health care benefit plans, as defined in

those plans,
218 Atomic Energy Act of 1954 (P.L. 83-703)

shall continue to be eligible to participate in or transfer into such

pension or health care benefit plans. 430

(b) Former Federal Employees.-

(])(A) An employee of the Corporation that was subject to

either the Civil Service Retirement System (referred to in this

section as "CSRS") or the Federal Employees' Retirement System

(referred to in this section as "FERS") on the day immediately

preceding the privatization date shall elect-

(i) to retain the employee's coverage under either CSRS or

FERS, as applicable, in lieu of coverage by the Corporation's

retirement system, or

(ii) to receive a deferred annuity or lump-sum benefit

payable to a terminated employee under CSRS or FERS, as

applicable.

(B) An employee that makes the election under subparagraph

(A)(ii) shall have the option to transfer the balance in the

employee's Thrift Savings Plan account to a defined contribution

plan under the Corporation's retirement system, consistent with

applicable law and the terms of the Corporation's defined

contribution plan.

(2) The Corporation shall pay to the Civil Service Retirement and

Disability Fund-

(A) such employee deductions and agency contributions as are

required by sections 8334, 8422, and 8423 of title 5, United States

Code, for those employees who elect to retain their coverage

under either CSRS or FERS pursuant to paragraph (1);

(B) such additional agency contributions as are determined

necessary by the Office of Personnel Management to pay, in

combination with the sums under subparagraph (A), the "normal

cost" (determined using dynamic assumptions) of retirement

benefits for those employees who elect to retain their coverage

under CSRS pursuant to paragraph (1), with the concept of "normal cost" being used consistent with generally accepted

actuarial standards and principles; and

(C) such additional amounts, not to exceed two percent of the

amounts under subparagraphs (A) and (B), as are determined

necessary by the Office of Personnel Management to pay the cost

of administering retirement benefits for employees who retire

from the Corporation after the privatization date under either

CSRS or FERS, for their survivors, and for survivors of

employees of the Corporation who die after the privatization date

(which amounts shall be available to the Office of Personnel

Management as provided in section 8348(a)(l)(B) of title 5,

United States Code).

(3) The Corporation shall pay to the Thrift Savings Fund such

employee and agency contributions as are required or authorized by

sections 8432 and 8351 of Title 5, for employees who elect to retain

their coverage under CSRS or FERS pursuant to paragraph (1).431

(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

43 P.L. 109-58, § 633, 119 Stat. 790 (2005), added new section (8). "' Amended by P.L. 104-206, Title III, 110 Stat. 2995 (1996).
Atomic Enerev Act of 1954 (P.L. 83-703) 219

42 LISC 2297h-9.

42 USC 2297 h-I10.

Atomc.. .r~ Actl of 194(.8373 1

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 tinder 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 Co oration after the privatization date.

See. 311T. 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-

(I) 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-

(]) any employee stock ownership plan of the Corporation,

(2) members of the underwriting syndicate purchasing shares in

stabilization transactions in connection with the privatization, or

(3) in the case of shares beneficially held in the ordinary course of

business for others, any commercial bank, broker-dealer, or clearing

Sec. agency. 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.

(I) On or before December 31, 1996, the United States Executive

Agent under the Russian HEU Agreement shall transfer to the
220 Atomic Energy Act of 1954 (P.L. 83-703)

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 U235.

Uranium hexafluoride transferred to the Secretary pursuant to this

paragraph shall be deemed under United States law for all purposes to

be of Russian origin.

(2) Within seven years of the date of enactment of this Act, the

Secretary shall sell, and receive payment for, the uranium

hexafluoride transferred to the Secretary pursuant to paragraph (I).

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 U308 equivalent per year.

(3) With respect to all enriched uranium delivered to the United

States Executive Agent under the Russian HEU Agreement on or

after January 1, 1997, the United States Executive Agent shall, upon

request of the Russian Executive Agent, enter into an agreement to

deliver concurrently to the Russian Executive Agent an amount of

uranium hexafluoride equivalent to the natural uranium component of

such uranium. An agreement executed pursuant to a request of the

Russian Executive Agent, as contemplated in this paragraph, may

pertain to any deliveries due during any period remaining under the

Russian HEU Agreement. The quantity of such uranium hexafluoride

delivered to the Russian Executive Agent shall be based on a tails

assay of 0.30 U235. Title to uranium hexafluoride delivered to the

Russian Executive Agent pursuant to this paragraph shall transfer to

the Russian Executive Agent upon delivery of such material to the

Russian Executive Agent, with such delivery to take place at a North

American facility designated by the Russian Executive Agent.

Uranium hexafluoride delivered to the Russian Executive Agent

pursuant to this paragraph shall be deemed under U.S. law for all

purposes to be of Russian origin. Such uranium hexafluoride may be

sold to any person or entity for delivery and use in the United States

only as permitted in subsections (b)(5), (b)(6) and (b)(7) of this

section.

(4) In the event that the Russian Executive Agent does not

exercise its right to enter into an agreement to take delivery of the

natural uranium component of any low-enriched uranium, as

contemplated in paragraph (3), within 90 days of the date such lowenriched uranium is delivered to the United States Executive Agent,

or upon request of the Russian Executive Agent, then the United

States Executive Agent shall engage an independent entity through a

competitive selection process to auction an amount of uranium

hexafluoride or 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
Atomic Energy Act of 1954 (P.L. 83-703) 221

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

U235. Title to uranium hexafluoride auctioned pursuant to this

paragraph shall transfer to the buyer of such material upon delivery of

such material to the buyer. Uranium hexafluoride auctioned pursuant

to this paragraph shall be deemed under United States law for all

purposes to be of Russian origin.

(5) Except as provided in paragraphs (6) and (7), uranium

hexafluoride delivered to the Russian Executive Agent under

paragraph (3) or auctioned pursuant to paragraph (4), may not be

delivered for consumption by end users in the United States either

directly or indirectly prior to January I, 1998, and thereafter only in

accordance with the following schedule:

Annual Maximum Deliveries to End Users

(millions lbs. U30 8

Year: equivalent)

19 9 8 ............................................... .................................. . . 2

1999 ............................................... ................................... . . 4

2000 ............................................... ................................... . . 6

2001 ...................................... 8

2002 ................................................................................ . . 10

2 0 0 3 ....................................................... ........................... . . 12

2 004 .................................................................................. .. 14

2 0 0 5 ....................................................... ........................... . . 16

2 006 ................................................................................ . . 17

2 0 0 7 ....................................................... ........................... . . 18

2 0 0 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).

(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
222 Atomic Energy Act of 1954 (P.L. 83-703)

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.-(l) The Secretary shall transfer to

the Corporation without charge up to 50 metric tons of enriched uranium

and up to 7,000 metric tons of natural uranium from the Department of

Energy's stockpile, subject to the restrictions in subsection (c)(2).

(2) The Corporation shall not deliver for commercial end use in

the United States-

(A) any of the uranium transferred under this subsection

before January I, 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.

(e) Government Transfers.-Notwithstanding subsection (d)(2), the

Secretary may transfer or sell enriched uranium-

(I) 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.
Atomic Enerp-v Act of 1954 (P.L. 83-703) 223

42 USC 2297hI Oa.

(f) Savings Provision.-Nothing in this subchapter shall be read to

modify the terms of the Russian HEU Ageement.

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.-

(I) COMPLETION OF THE RUSSIAN HEU AGREEMENT.-

Prior to the completion of the Russian HEU Agreement, the

importation into the United States of low-enriched uranium, including

low-enriched uranium obtained under contracts for separative work

units, that is produced in the Russian Federation and is not imported

pursuant to the Russian HEU Agreement, may not exceed the

following amounts:

(A) In the 4-year period beginning with calendar year 2008,

16,559 kilograms. (B) In calendar year 2012, 24,839 kilograms.

(C) In calendar year 2013 and each calendar year thereafter

through the calendar year of the completion of the Russian HEU

Agreement, 41,398 kilograms.

(2) INCENTIVES TO CONTINUE DOWNBLENDING

RUSSIAN HIGHLY ENRICHED URANIUM AFTER THE

COMPLETION OF THE RUSSIAN HEU AGREEMENT.-
224 Atomic Energy Act of 1954 (P.L. 83-703)

(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 low-enriched uranium obtained under contracts for

separative work units, may be imported in a calendar year for

every I 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.-

Dcadline. (A) IN GENERAL--Notwithstanding paragraph (I)(C), if

the completion of the Russian HEU Agreement does not occur

before December 3 1, 2013, the import limitations under paragraph

(1)(C) shall be waived, and low-enriched uranium may be

imported into the United States in the quantities specified in

paragraph (2) in a calendar year after 2013, if-

(i) the Secretary of Energy and the Secretary of State

jointly determine that-

(I) the failure of the completion of the Russian HEU

Agreement arises from causes beyond the control and

without the fault or negligence of the Government of the

Russian Federation; and
Atomic Energy Act of 1954 (P.L. 83-703) 225

(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

Notification. (ii) the Secretary of Energy and the Secretary of State

Federal jointly notify Congress of, and publish in the Federal

Register. Register, the determination under clause (i) and the reasons

publication, for the determination.

Effective date. (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.

Effecti've date. (B) INCENTIVE ADJUSTMENT.-Beginning in the second

calendar year after the calendar year of the completion of the

Russian HEU Agreement, the Secretary of Energy shall increase

or decrease the amount of low-enriched uranium that may be

imported in a calendar year under paragraph (2)(B) (including the

amount of low-enriched uranium that may be imported for each

kilogram of highly enriched uranium downblended under

paragraph (2)(B)(i)) by a percentage equal to the percentage

increase or decrease, as the case may be, in the average amount of

uranium loaded into nuclear power reactors in the United States in

the most recent 3-calendar-year period for which data are

available, as reported by the Energy Information Administration of

the Department of Energy, compared to the average amount of

uranium loaded into such reactors during the 3-calendar-year

period beginning on January 1, 2011, as reported by the Energy

Information Administration.

Deadline. (C) PUBLICATION OF ADJUSTMENTS.-As soon as

Federal practicable, but not later than July 3 1 of each calendar year, the

Register, Secretary of Energy shall publish in the Federal Register the

publication. amount of low-enriched uranium that may be imported in the

current calendar year after the adjustments under subparagraph

(B).

(6) AUTHORITY FOR ADDITIONAL ADJUSTMENT.-In

addition to the adjustment under paragraph (5)(A), the Secretary of

Commerce may adjust the import limitations under paragraph (2)(A)

for a calendar year if the Secretary-

(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
226 Atomic Energy Act of 1954 (P.L. 83-703)

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 (I) and (2), including

low-enriched 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 lowenriched 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

import limitations in a manner that imposes a minimal burden on the

commercial nuclear industry.

(12) EFFECT ON OTHER AGREEMENTS.-
Atomic Enerav Act of 1954 (P.L. 83-703) 227

(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. 432

42 1SC 2297h-I i. Sec. 3113. Low-Level Waste

(a) Responsibility of DOE.-

(I) 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 (I) in an amount equal to the Secretary's

costs, including a pro rata share of any capital costs, but in no event

more than an amount equal to that which would be charged by

commercial, State, regional, or interstate compact entities for disposal

of such waste.

(3) In the event depleted uranium were ultimately determined to

be low-level radioactive waste, the generator shall reimburse the

Secretary for the disposal of depleted uranium pursuant to paragraph

(1) in an amount equal to the Secretary's costs, including a pro rata

share of any capital costs.

(4) In the event that a licensee requests the Secretary to accept for

disposal depleted uranium pursuant to this subsection, the Secretary

shall be required to take title to and possession of such depleted

uranium at an existing DUF6 storage facility.433

(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.

4

.. P.L. H10-329, § 8118, 122 Slat. 3647, inserted section 3112A. 4

.P.L. 108-447, Div. C, § 311, added paragraph (4).
42 USC 2297h-12.

President.

42 USC 2297h-13.

Contracts.

228 Atomic Energy Act of 1954 (P.L. 83-703)

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.-

(I) 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.-

(I) The private corporation and its contractors and subcontractors

shall be subject to the provisions of section 211 of the Energy
Atomic Energy Act of 1954 (P.L. 83-703) 229

Reorganization Act of 1974 (42 USC 5851) to the same extent as an

employer subject to such section.

(2) With respect to the operation of the facilities leased by the

private corporation, section 206 of the Energy Reorganization Act of

1974 (42 USC 5846) shall apply to the directors and officers of the

private corporation.

Energy Reorganization Act of 1974 (P.L. 93-438) 231

Energy Reorganization Act of 1974 (P.L. 93-43 8) 231

3. Energy Reorganization Act of

1974, as Amended

Energy Reorganization Act of 1974 (P.L. 93-438) 233

3. Energy Reorganization Act of 1974, as Amended

Contents

S ec. I. S h o rt T itle ................................................................................................. 23 5

Sec. 2. Declaration Of Purpose ........................................................................... 235

Title [-Energy Research And Development Administration .............................. 236

S ee. 10 1. E stab lish m ent ........................................................................................ 236

S ee. 102. O ffi cers .................................................................................................. 2 36

Sec. 103. Responsibilities Of The Administrator ............................................... 237

Sec. 104. Abolition And Transfers ...................................................................... 238

Sec. 105. Administrative Provisions ................................................................... 239

Sec. 106. Personnel And Services ........................................................................ 240

S ec. 10 7. P ow ers ................................................................................................... 24 1

S ec. 108 . (R ep ea led ) ............................................................................................. 244

Sec. 109. Future Reorganization ......................................................................... 245

Sec. 110. Coordination W ith Environmental Efforts ........................................ 245

Sec. 111. Provisions Applicable To Annual Authorization Acts ...................... 245

Title II - Nuclear Regulatory Commission; Nuclear Whistleblower

P ro tectio n ............................................................................................................ 2 4 8

Sec. 201. Establishment And Transfers .............................................................. 248

Sec. 202. Licensing And Related Regulatory Functions Respecting

Selected Administration Facilities ......................................................... 250

Sec. 203. Office Of Nuclear Reactor Regulation ................................................ 251

Sec. 204. Office Of Nuclear Material Safety And Safeguards ...................... 25 I

Sec. 205. Office Of Nuclear Regulatory Research ............................................. 252

Sec. 206. Noncompliance ..................................................................................... 253

See. 207. Nuclear Energy Center Site Survey .................................................... 254

Sec. 208. Abnormal Occurrence Reports ........................................................... 254

See. 209. O ther O fficers ....................................................................................... 255

Sec. 210. Unresolved Safety Issues Plan ............................................................. 256

Sec. 211. Employee Protection ............................................................................ 256

Sec. 212. Limitation On Legal Fee Reimbursement .......................................... 259

Title Ill-Miscellaneous And Transitional Provisions ......................................... 259

Sec. 301. Transitional Provisions ........................................................................ 259

See. 302. Transfer Of Personnel And Other Matters ........................................ 261

Sec. 303. Incidental Dispositions ......................................................................... 261

S ec. 3 04. D efin ition s ............................................................................................. 2 6 1

Sec. 305. Authorizations Of Appropriations ...................................................... 262

Sec. 306. Comptroller General Audit ................................................................. 262

S ec. 3 07. R epo rts .................................................................................................. 262

Sec. 308. Information To Committees ................................................................ 263

Sec. 309. Transfer Of Funds ................................................................................ 263

Sec. 310. Conforming Amendments To Certain Other Laws ........................... 263

S ec. 3 11. S epa rab ility ........................................................................................... 264

Sec. 312. Effective Date and Interim Appointments ......................................... 264

Title IV- Sex Discrimination ................................................................................ 264

Sec. 401. Sex Discrimination Prohibited ............................................................ 264

Enerav Reorizanization Act of 1974 (P.L. 93-438) 235

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 Stales of America in Congress assembled,

That the Energy Reorganization Act of 1974, as amended, is amended

to read as follows:

Sec. I. 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.
236 Energy Reorganization Act of 1974 (P.L. 93-438)

Priorities. (e) Determination of priorities which are warranted should be based

on such considerations as power-related values of an energy source,

preservation of material resources, reduction of pollutants, export market

potential (including reduction of imports), among others. On such a

basis, energy sources warranting priority might include, but not be

limited to, the various methods of utilizing solar energy.

Title I-Energy Research And Development Administration

42 Usc 5811. 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").'

42 USC 5812. Sec. 102. Officers

Administrator. (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.

Deputy (b) There shall be in the Administration a Deputy Administrator, who

Administrator. shall be appointed by the President, by and with the advice and consent

of the Senate.

(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.

Assistant (d) There shall be in the Administration six Assistant Administrators,

Administrators. one of whom shall be responsible for fossil energy, another for nuclear

energy, another for environment and safety, another for conservation,

another for solar, geothermal, and advanced energy systems, and another

for national security. The Assistant Administrators shall be appointed by

the President, by and with the advice and consent of the Senate. The

President shall appoint each Assistant Administrator from among

individuals who, by reason of general background and experience, are

specially qualified to manage the energy technology area assigned to

such Assistant Administrator.

General (e) There shall be in the Administration a General Counsel who shall

Counsel. be appointed by the Administrator and who shall serve at the pleasure of

and be removable by the Administrator.

(f) There shall be in the Administration not more than eight Additional additional officers appointed by the Administrator. The positions of such

officers, officers shall be considered career positions and be subject to subsection

161d. of the Atomic Energy Act.

Director of (g) The Division of Military Application transferred to and

Military established in the Administration by section 104(d) of this Act shall be

Application. under the direction of a Director of Military Application, who shall be

appointed by the Administrator and who shall serve at the pleasure of and

'This title established the Energy Research and Development Administration. The Administration was tenninated, and its functions were transferred to the U.S. Department of Energy, by the Department of Energy Organization Act, P.L. 95-9), 91 Stat. 565 (42 U.S.C. 7101), enacted August 4, 1977.
Energy Reorganization Act of 1974 (P.L. 93-438) 237

be removable by the Administrator and shall be an active commissioned

42 USC 2011 officer of the Armed Forces serving in general or flag officer rank or

note. grade The functions, qualifications, and compensation of the Director of

Military Application shall be the same as those provided under the

Atomic Energy Act of 1954, as amended, for the Assistant General

Manager for Military Application.

International (h) Officers appointed pursuant to this section shall perform such

cooperation. functions as the Administrator shall delegate to one such officer the

special responsibility for international cooperation in all energy and

related environmental research and development. Order of* (i) 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.

42 USC 5813. See. 103. Responsibilities Of The Administrator

The responsibilities of the Administrator shall include, but not be

limited to-

(I) exercising central responsibility for policy planning, coordination,

support, and management of research and development programs

respecting all energy sources, including assessing the requirements for

research and development in regard to various energy sources in relation

to near-term and long-range needs, policy planning in regard to meeting

those requirements, undertaking programs for the optimal development

of the various forms of energy sources, managing such programs, and

disseminating information resulting therefrom;

(2) encouraging and conducting research and development, including

demonstration of commercial feasibility and practical applications of the

extraction, conversion , storage, transmission, and utilization phases

related to the development and use of energy from fossil, nuclear, solar,

geothermal, and other energy sources;

(3) engaging in and supporting environmental, biomedical, physical,

and safety research related to the development of energy sources and

utilization technologies;

(4) taking into account the existence, progress, and results of other

public and private research and development activities, including those

activities of the Federal Energy Administration relating to the

development of energy resources using currently available technology in

promoting increased utilization of energy resources, relevant to the

Administration's mission in formulating its own research and

development programs;

(5) participating in and supporting cooperative research and

development projects which may involve contributions by public or

private persons or agencies, of financial or other resources to the

performance of the work;

(6) developing, collecting, distributing, and making available for

distribution, scientific and technical information concerning the

manufacture or development of energy and its efficient extraction,

conversion, transmission, and utilization;

(7) creating and encouraging the development of general information

to the public on all energy conservation technologies and energy sources

as they become available for general use, and the Administrator, in

conjunction with the Administrator of the Federal Energy Administration
42 USC 5814.

Atomic Energy

Commission.

Interior

D)epartment

functions.

238 Energy Reorganization Act of 1974 (P.L. 93-438)

shall, to the extent practicable, disseminate such information through the

use of mass communications;

(8) encouraging and conducting research and development in energy

conservation, which shall be directed toward the goals of reducing total

energy consumption to the maximum extent practicable, and toward

maximum possible improvement in the efficiency of energy use.

Development of new and improved conservation measures shall be

conducted with the goal of the most expeditious possible application of

these measures;

(9) encouraging and participating in international cooperation in

energy and related environmental research and development;

(10) helping to assure an adequate supply of manpower for the

accomplishment of energy research and development programs, by

sponsoring and assisting in education and training activities in

institutions of higher education, vocational schools, and other

institutions, and by assuring the collection, analysis, and dissemination of

necessary manpower supply and demand data;

(11) encouraging and conducting research and development in clean

and renewable energy sources.'

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 department-

(I) as relate to or are utilized by the Office of Coal Research

established pursuant to the Act of July 1, 19603;

2

P.L. 102-486, § 143(b), redesignated former paragraph (8) to (12) as (7) to (II), respectively, and struck out

former paragraph (7), which included establishment of an Energy Extension Service as responsibility of

Administrator; see below. Public Law 95-39, section 510(a), 91 Stat. 200 (1977), amended section 103 by

redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively, and inserted a new paragraph (7), which read as follows: "(7) establishing, in accordance with the National Energy Extension

Service Act, an Energy Extension Service to provide technical assistance, instruction, and practical

demonstration on energy conservation measures and alternative energy systems to individuals, businesses, and

State and local government officials."
Energy Reorganization Act of 1974 (P.L. 93-438) 239

(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

Helium transmission research.

applications study. The Administrator shall conduct a study of the potential energy

epoatin td applications of helium and, within six months from the date of the Report an enactment of this Act, report to the President and Congress his

President recommendations concerning the management of the Federal helium

Congress. programs, as they relate to energy.

National (f) There are hereby transferred to and vested in the Administrator

Science such functions of the National Science Foundation as relate to or are

Foundation utilized in connection withfunctions. (I) solar heating and cooling development; and

(2) geothermal power development.

Environmental (g) There are hereby transferred to and vested in the Administrator

Protection such functions of the Environmental Protection Agency and the officers

Agency and components thereof as relate to or are utilized in connection with

lunctions. 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.

Use of other (i) In the exercise of his responsibilities under section 103, the

agencies' Administrator shall utilize, with their consent, to the fullest extent he

capabilities. determines advisable the technical and management capabilities of other

executive agencies having facilities, personnel, or other resources which

can assist or advantageously be expanded to assist in carrying out such

responsibilities. The Administrator shall consult with the head of each

agency with respect to such facilities, personnel, or other resources, and

may assign, with their consent, specific programs or projects in energy

research and development as appropriate. In making such assignments

under this subsection, the head of each such agency shall insure that-

(]) 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.

42 USC 5815. Sec. 105. Administrative Provisions

Regulations. (a) The Administrator is authorized to prescribe such policies,

standards, criteria, procedures, rules, and regulations as he may deem to

'The "Act" is probably referencing P.L. 86-599, 74 Stat. 336 (1960), which is classified to Chap. 18 of Title 30

U.S.C. 661-668, "Mineral, Lands, and Mining."
240 Energy Reorganization Act of 1974 (P.L. 93-438)

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.

Ielegation 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. (0 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.

42 USC 5816. Sec. 106. Personnel And Services

Appointment (a) The Administrator is authorized to select, appoint, employ, and fix

and pay. the compensation of such officers and employees, including attorneys,

pursuant to section 161d. 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

4

Sec. 5816a. [Repealed]. This section (Public Law 95-39, Title 111, section 308, 9] Stat. 189, June 3, 1977; Public Law 96-470, Title II, section 203(d), 94 Stat. 2243). October 19, 1980, was repealed by Public Law

104-106, Div. D, Title XLIII, Subtitle A. section 4304(b)(7), 110 Stat. 664, February 10, 1996 (effective and

applicable as provided by section 4401 of such Act, which appears as 41 U.S.C.S. section 251 note). It

provided for financial statements of Department officers and employees.
Energy Reorganization Act of 1974 (P.L. 93-438) . 241

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 fbr

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 diemn. 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.

Pcrsonnel 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. 1. (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.

42 USC 5817. Sec. 107. Powers

Research and (a) The Administrator is authorized to exercise his powers in such

development, manner as to insure the continued conduct of research and development

and related activities in areas or fields deemed by the Administrator to be

pertinent to the acquisition of an expanded fund of scientific, technical,

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

non-nuclear responsibilities and functions of the Administrator referred
5 USC App. I1.

40 USC 601

note.

Facilities and

real property.

Services lor

employees at

remote

locations.

Acquisition of

copyrights,

patents, etc.

242 Energy Reorganization Act of 1974 (P.L. 93-438)

to in sections 103 and 104 of this Act shall be carried out pursuant to the

provisions of this Act, applicable authority existing immediately before

the effective date of this Act, or in accordance with the provisions of

chapter 4 of the Atomic Energy Act of 1954, as amended (42 USC 2051-

2053).

(b) Except for public buildings as defined in the Public Buildings Act

of 1959, as amended, and with respect to leased space subject to the

provisions of Reorganization Plan Numbered 18 of 1950, the

Administrator is authorized to acquire (by purchase, lease, condemnation,

or otherwise), construct, improve, repair, operate, and maintain facilities

and real property as the Administrator deems to be necessary in and

outside of the District of Columbia. Such authority shall apply only to

facilities required for the maintenance and operation of laboratories,

research and testing sites and facilities, quarters, and related

accommodations for employees and dependents of employees of the

Administration, and such other special-purpose real property as the

Administrator deems to be necessary in and outside the District of

Columbia. Title to any property or interest therein, real, personal, or

mixed, acquired pursuant to this section, shall be in the United States.

(c)(1) The Administrator is authorized to provide, construct, or

maintain, as necessary and when not otherwise available, the following

for employees and their dependents stationed at remote locations:

(A) Emergency medical services and supplies.

(B) Food and other subsistence supplies.

(C) Messing facilities.

(D) Audiovisual equipment, accessories, and supplies, for

recreation and training.

(E) Reimbursement for food, clothing, medicine, and other

supplies furnished by such employees in emergencies for the

temporary relief of distressed persons.

(F) Living and working quarters and facilities.

(G) Transportation for school-age dependents of employees to

the nearest appropriate education facilities.

(2) The furnishing of medical treatment under sub-paragraph (A)

of paragraph (1) and the furnishing of services and supplies under

paragraphs (B) and (C) of paragraph (I) 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.
Enerv Reorganization Act of 1974 (P.L. 93-438) 243

Dissemination

of information.

Gifts and

bequests.

(e) Subject to the provisions of chapter 12 of the Atomic Energy Act

of 1954, as amended (42 USC 2161-2166), and other applicable law, the

Administrator shall disseminate scientific, technical, and practical

information acquired pursuant to this title through information programs

and other appropriate means, and shall encourage the dissemination of

scientific, technical, and practical information relating to energy so as to

enlarge the fund of such information and to provide that free interchange

of ideas and criticism which is essential to scientific and industrial

progress and public understanding.

.(f) The Administrator is authorized to accept, hold, administer, and

utilize gifts, and bequests of property, both real and personal, for the

purpose of aiding or facilitating the work of the Administration. Gifts and

bequests of money and proceeds from sales of other property received as

gifts or bequests shall be deposited in the Treasury and shall be disbursed

upon the order of the Administrator. For the purposes of Federal income,

estate, and gift taxes, property accepted under this section shall be

considered as a gift or bequest to the United States.
244 Energy Reorganization Act of 1974 (P.L. 93-438)

42 USC 5818. See. 108. (Repealed)

(Repealed )

'Public Law 95-91,91 Stat. 608 (1977), repealed section 108, which read as follows:

(a) There is established in the Executive Office of the President an Energy Resources

Council. The Council shall be composed of the Secretary of the Interior, the Administrator

of the Federal Energy Administration, the Administrator of the Energy Research and

Development Administration, the Secretary of State, the Director, Office of Management

and Budget, and such other officials of the Federal Government as the President may designate. The President shall designate one of the members of the Council to serve as Chairman.

(b) It shall be the duty and function of the Council to--

(I) insure communication and coordination among the agencies of the Federal

Government which have responsibilities for the development and implementation of energy

policy or for the management of energy resources:

(2) make recommendations to the President and to the Congress for measures to

improve the implementation of Federal energy policies or the management of energy resources with particular emphasis upon policies and activities involving two or more Departments or independent agencies; (See I)

(3) advise the President in the preparation of the reorganization recommendations

required by section 110 of this Act; and (See II)

(4) insure that Federal agencies fully discharge their responsibilities under section 507

and 508 of the National Energy Extension Service Act for coordinating and planning of

their related activities under such Act and any other law, including but not limited to the

Energy Policy and Conservation Act. (See Ill)

(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--

(I) 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 cncrgy 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
Energy Reorganization Act of 1974 (P.L. 93-438) 245

42 USC 5819. Sec. 109. Future Reorganization

Report to (a) The President shall transmit to the Congress as promptly as

Congress. possible, but not later than June 30, 1975, such additional

recommendations as he deems advisable for organization of energy and

related functions in the Federal Government, including, but not limited

to, whether or not there shall be established (1) a Department of Energy

and Natural Resources, (2) an Energy Policy Council, and (3) a

consolidation in whole or in part of regulatory functions concerning

energy.

(b) This report shall replace and serve the purposes of the report

required by section 15(a)(4) of the Federal Energy Administration Act.

42 USC 5820. See. 110. Coordination With Environmental Efforts

The Administrator is authorized to establish programs to utilize

research and development performed by other Federal agencies to

minimize the adverse environmental effects of energy projects. The

Administrator of the Environmental Protection Agency, as well as other

affected agencies and departments, shall cooperate fully with the

Administrator in establishing and maintaining such programs, and in

establishing appropriate interagency agreements to develop cooperative

programs and to avoid unnecessary duplication.

42 USC 5821. Sec. 111. Provisions Applicable To Annual Authorization Acts

(a) All appropriations made to the Energy research and Development

42 USC 2017. Administration or the Administrator shall, except as otherwise provided

by law, be subject to annual authorization in accordance with section 261

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)

(t) 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.

(11) Public Law 94-385 (90 Stat. 1140) (1976) section 162 (a)(2) amended section

I 08(b)(3) by striking out the period at the end of paragraph and inserting "% and".

(Ill) 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 II].

(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".
246 Energy Reorganization Act of 1974 (P.L. 93-438)

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)(l) Funds appropriated pursuant to an annual authorization Act for Operating "Operating expenses" may be used foraxpenscs. (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

congressional acquisition of land. Fee title to all such facilities and items of

committees, equipment shall be vested in the United States, unless the

Administrator or his designee determines in writing that the

research, development, and demonstration authorized by such Act

would best be implemented by permitting fee title or any other

property interest to be vested in an entity other than the United

States; but before approving the vesting of such title or interest in

such entity, the Administrator shall (i) transmit such

determination, together with all pertinent data, to the Committee

on Science and Technology of the House of Representatives and

the Committee on Energy and Natural Resources of the Senate and

(ii) wait a period of thirty calendar days (not including any day in

which either House of Congress is not in session because of

adjournment of more than three calendar days to a day certain),

unless prior to the expiration of such period each such committee

has transmitted to the Administrator written notice to the effect

that such committee has no. objection to the proposed action.

Expenditure (2) No funds shall be used under paragraph (1) for any facility or limitations, major item of equipment, including collateral equipment, if the

Report to estimated cost to the Federal Government exceeds $5,000,000 in the

congressional case of such a facility or $2,000,000 in the case of such an item of

committees, 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

Limitation. (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.

Report. (c)(1) Not to exceed I per centum of all funds appropriated pursuant

transmittal to to any annual authorization Act for "Operating expenses" may be used by

congressional the Administrator to construct, expand, or modify laboratories and other

committees, 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
Enerav Reorpanization Act of 1974 (P.L. 93-438) 247

until the enactment of the next authorization Act would be inconsistent

with the policies established by Congress for the Administration.

Notice. (2) No funds may be obligated for expenditure or expended under

paragraph (I) 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.

Report, (d)(I) Except as otherwise provided in the authorization Act

transmittal to involvedcongressional (A) no amount appropriated pursuant to any annual

committees, authorization Act may be used for any program in excess of the

Notice. amount actually authorized for that particular program by such

Act, and

(B) no amount appropriated pursuant to any annual

authorization Act may be used for any program which has not

been presented to, or requested of the Congress, unless (i) a period

of thirty calendar days (not including any day in which either

House of Congress is not in session because of adjournment of

more than three calendar days to a day certain) has passed after

the receipt by the appropriate committees of the House of

Representatives and the Senate of notice given by the

Administrator containing a full and complete statement of the

action proposed to be taken and the facts and circumstances relied

upon in support of such proposed action, or (ii) each such

committee before the expiration of such period has transmitted to

the Administrator written notice to the effect that such committee

has no objection to the proposed action.

(2) Notwithstanding any other provision of this section or the

authorization Act involved, the aggregate amount available for use

within the categories of coal, petroleum and natural gas, oil shale,

solar, geothermal nuclear energy (non-weapons), environment and

safety, and conservation from sums appropriated pursuant to an

annual authorization Act may not, as a result of reprogramming, be

decreased by more than 10 per centum of the total of the sums

appropriated pursuant to such Act for those categories.

Funds merger. (e) Subject to the applicable requirements and limitations of this

limitations. 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
Construction

design services.

Funds transfer.

42 USC 5841.

Members and

Chairman.

248 Energy Reorganization Act of 1974 (P.L. 93-438)

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-

(]) this subsection shall not apply with respect to sums received

from disposal of property under the Atomic Energy Community Act

of 1955 or the Strategic and Critical Materials Stockpiling Act, as

amended, or with respect to fees received for tests or investigations

under the Act of May 16, 1910, as amended (42 USC 2301; 50 USC

98h; 30 USC 7); and

(2) revenues received by the Administration from the enrichment

of uranium shall (when so specified) be retained and used for the

specific purpose of offsetting costs incurred by the Administration in

providing uranium enrichment service activities.

(i) When so specified in an appropriation Act, transfers of sums from

the "Operating expenses" appropriation made pursuant to an annual

authorization Act may be made to other agencies of the Government for

the performance of the work for which the appropriation is made, and in

such cases the sums so transferred may be merged with the

appropriations to which they are transferred.6

Title lI-Nuclear Regulatory Commission; Nuclear

Whistleblower Protection 7

Sec. 201. Establishment And Transfers

(a)(1) 8 There is established an independent regulatory

commission to be known as the Nuclear Regulatory Commission

which shall be composed of five members, each of whom shall be a

citizen of the United States. The President shall designate one

member of the Commission as Chairman thereof to serve as such

during the pleasure of the President. The Chairman may from time to

time designate any other member of the Commission as Acting

Chairman to act in the place and stead of the Chairman during his

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

the Chairman) shall preside at all meetings of the Commission and a

quorum for the transaction of business shall consist of at least three

6

P.L. 95-238, section 201, 92 Stat. 56 (1978), added section 11; as amended, P.L. 103-437, section 15(c)(7),

108 Stat. 4592 (1994).

7 P.L. 102-486, 106 Stat. 3124 (1992) created this new Title heading.

'P.L. 94-79, § 201, 89 Stat. 413 (1975), added "(I)" immediately after section 201 (a).
Enerpy Reorganization Act of 1974 (P.L. 93-438) 249

Seal.

Commission

Chaimian.

Functions.

42 USC 5801

note.

42 USC 5841.

Term of Office.

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.

(2) The Chairman of the Commission shall be the principal

executive officer of the Commission, and he shall exercise all of the

executive and administrative functions of the Commission, including.

functions of the commission with respect to (a) the appointment and

supervision of personnel employed under the Commission (other than

personnel employed regularly and full time in the immediate offices

of Commissioners other than the Chairman, and except as otherwise

provided in the Energy Reorganization Act of 1974), (b) the

distribution of business among such personnel and among

administrative units of the Commission, and (c) the use and

expenditure of funds.

(3) In carrying out any of his functions under the provisions of

this section the Chairman shall be governed by general policies of the

Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(4) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(5) There are hereby reserved to the Commission its functions

with respect to revising budget estimates and with respect to

determining upon the distribution of appropriated funds according to

major programs and purposes.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

'Public Law 94-79, section 201, 89 Stat. 413 (1975), amended subsection 201(a) by adding new subparagraphs

(2) through (5).
250 Energy Reorganization Act of 1974 (P.L. 93-438)

Nuclear Regulatory Commission, each such term "shall" be deemed to

have begun July 1, 1975.10

Submission of (d) Such initial appointments shall be submitted to the Senate within

appointments sixty days of the signing of this Act. Any individual who is serving as a

to Senate. 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.

Transfer of (f) There are hereby transferred to the Commission all the licensing

AEC functions and related regulatory functions of the Atomic Energy Commission, the

and personnel Chairman and member of the Commission, the General Counsel, and

Additional other officers and components of the Commission-which functions,

transfers, 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-

(I) the functions of the Atomic Safety and Licensing Board Panel

and the Atomic Safety and Licensing Appeal Board;

(2) such personnel as the Director of the Office of Management

and Budget determines are necessary for exercising responsibilities

under section 205, relating to, research, for the purpose of

confirmatory assessment relating to licensing and other regulation

under the provisions of the Atomic Energy Act of 1954, as amended,

and of this Act.''

42 USC 5842. See. 202. Licensing And Related Regulatory Functions Respecting

Selected Administration Facilities

Notwithstanding the exclusions provided for in section 110 a. or any

42 USC 2071- other provisions of the Atomic Energy Act of 1954, as amended (42 USC

2112. 2140(a)), the Nuclear Regulatory Commission shall, except as otherwise

42 USC 2131- specifically provided by section 110 b. of the Atomic Energy Act of

2140. 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. I

"'P.L. 94-79, §§ 202 and 203, 89 Stat. 413 (1975), 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 die Commission, one shall serve lbr 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. 'P.L. 95-209, § 2, 91 Stat. 1482 (1977), added a new subsection h, which was subsequently deleted by P.L. 99-386, 100 Stat. 822 (1986).
EnerRv Reorp-anization Act of 1974 (P.L. 93-438) 251

42 USC 5843.

Director.

Establishment.

Functions.

42 USC 2011

note.

42 IJSC 5844.

Director.

Establishment.

(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.' 2

Sec. 203. Office Of Nuclear Reactor Regulation

(a) There is hereby established in the Commission an Office of

Nuclear Reactor Regulation under the direction of a Director of Nuclear

Reactor Regulation, who shall be appointed by the Commission, who

may report directly to the Commission, as provided in section 209, and

who shall serve at the pleasure of and be removable by the Commission.

(b) Subject to the provisions of this Act, the Director of Nuclear

Reactor Regulation shall perform such functions as the Commission shall

delegate including:

(1) Principal licensing and regulation involving all facilities, and

materials licensed under the Atomic Energy Act of 1954, as amended,

associated with the construction and operation of nuclear reactors

licensed under the Atomic Energy Act of 1954, as amended;

(2) Review the safety and safeguards of all such facilities,

materials, and activities, and such review functions shall include, but

not be limited to-

(A) monitoring, testing and recommending upgrading of

systems designed to prevent substantial health or safety hazards;

and

(B) evaluating methods of transporting special nuclear and

other nuclear materials and of transporting and storing high-level

radioactive wastes to prevent radiation hazards to employees and

the general public.

(3) Recommend research necessary for the discharge of the

functions of the Commission.

(c) Nothing in this section shall be construed to limit in any way the

functions of the Administration relating to the safe operation of all

facilities resulting from all activities within the jurisdiction of the

Administration pursuant to this Act.

See. 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

"

2

As amended Public Law 105-261, Div. C, Title XXXI, Subtitle C, section 3134(a), 112 Stat. 2247,

Oct. 17, 1998.
Functions.

42 USC 2011

note.

Report to

Congress.

42 USC 5845.

Director.

Establishment.

Functions.

252 Energy Reorganization Act of 1974 (P.L. 93-438)

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.

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 shallCooperation ofFederal Agencies.
Enerev Reoreanization Act of 1974 (P.L. 93-438) 253

(I) 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.

Information (e) Each Federal agency, subject to the provisions of existing law,

and research shall cooperate with the Commission and provide such information and

services, research services, on a reimbursable basis, as it may have or be

42 USC 5845. reasonably able to acquire.

Improved safety (f) The Commission shall develop a long-term plan for projects for

systems research, the development of new or improved safety systems for nuclear power

Long-term plan plants. ' 3

4'2 U'SC 5846. See. 206. Noncompliance

(a) Any individual director, or responsible officer of a firm

42 USC 2011 constructing, owning, operation, or supplying the components of any

note. facility or activity which is licensed or otherwise regulated pursuant to

the Atomic Energy Act of 1954 as amended, or pursuant to this Act, who

obtains information reasonably indicating that such facility or activity or

basic components supplied to such facility or activity-

(I) fails to comply with the Atomic Energy Act of 1954, as

amended, or any applicable rule, regulation, order, or license of the

Commission relating to substantial safety hazards, or

(2) contains a defect which could create a substantial safety

hazard, as defined by regulations which the Commission shall

promulgate, shall immediately notify the Commission of such failure

to comply, or of such defect, unless such person has actual knowledge

that the Commission has been adequately informed of such defect or

failure to comply.

42 IJSC 2282. (b) Any person who knowingly and consciously fails to provide the

Penalty. 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.

42 USC 2011 note, (c) The requirements of this section shall be prominently posted on

Posting of the premises of any facility licensed or otherwise regulated pursuant to

requirements. the Atomic Energy Act of 1954, as amended.

Enforcement. (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.

'

3

P.L. 95-209, § 4, 91 Stat. 1482 (1977), added a new subsection f.
42 USC 5847.

Federal-Statelocal

Cooperation.

Solicitation of

Views.

Definition.

Report to

Congress and

Council oil

Environmental

Quality; public

availability.

42 USC 5848.

Reports to

Congress.

42 USC 2011

note.

254 Energy Reorganization Act of 1974 (P.L. 93-438)

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 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
Enerav Reoreanization Act of 1974 (P.L. 93-438) 255

Public

dissemination

of information.

42 USC 5849.

Executive

Director.

Functions.

Equal

employment

opportunity,

Annual status

report.

Report to

Congress.

42 USC 5877.

Other officers.

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-

(I) 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.' 4

See. 209. Other Officers

(a) The Commission shall appoint an Executive Director for

Operations, who shall serve at the pleasure of and be removable by the

Commission.

(b) The Executive Director shall perform such functions as the

Commission may direct, except that the Executive Director shall not

limit the authority of the director of any component organization

provided in this Act to communicate with or report directly to the

Commission when such director of a component organization deems it

necessary to carry out his responsibilities. Notwithstanding the preceding

sentence, each such director shall keep the Executive Director fully and

currently informed concerning the content of all such direct

communications with the Commission.'5

(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. '

6

(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

section 307(c) of the Energy Reorganization Act of 1974) following the

fiscal year to which such report applies.' 7

(e)'" There shall be in the Commission not more than five additional

officers appointed by the Commission. The positions of such officers

shall be considered career positions and be subject to subsection 161 d.

of the Atomic Energy Act.

'

4

P.L. 104-66, Title I1, Subtitle Q, § 2171, 109 Stat. 731 (1995). "

5

Public Law 95-601, section 4(a), 92 Stat. 2949 (1978), amended subsection 209(b) by adding the last

sentence.

'

6

P.L. 95-601, § 4(b), 92 Stat. 2949 (1978), 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).

"P.L. 95-601, § 6, 92 Stat. 2949 (1978), added subsection 209(d). Note: As a result of P.L. 104-66, § 3003,

109 Stat. 734. reporting requirements ceased to be effective after December 21, 1999. See Stat. for specifics.

'"P.L. 95-601, § 4(b), 92 Stat. 2949 (1978), amended subsection 209(c) by adding anew 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).
256 Energy Reorganization Act of 1974 (P.L. 93-438)

42 USC 5850. Sec. 210. Unresolved Safety Issues Plan

Progress The Commission shall develop a plan providing for the specification

reports. and analysis of unresolved safety issues relating to nuclear reactors and

Submittal to shall take such action as may be necessary to implement corrective

Congress. 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. '9

42 USC 5851. 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 etseq.);

(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;

42 USC 2011 (D) commenced, caused to be commenced, or is about to

note. commence or cause to be commenced a proceeding under this Act

or the Atomic Energy Act of 1954, as amended, or a proceeding

for the administration or enforcement of any requirement imposed

under this Act or the Atomic Energy Act of 1954, as amended;

(E) testified or is about to testify in any such proceeding or;

(F) assisted or participated or is about to assist or participate

in any manner in such a proceeding or in any other manner in

such a proceeding or in any other action to carry out the purposes

of this Act or the Atomic Energy Act of 1954, as amended.

(2) For purposes of this section, the term "employer" includes-

(A) a licensee of the Commission or of an Agreement State

under section 274 of the Atomic Energy Act of 1954 (42 USC

2021);

(B) an applicant for a license from the Commission or such an

Agreement State;

(C) a contractor or subcontractor of such a licensee or

applicant;

(D) a contractor or subcontractor of the Department of Energy

that is indemnified by the Department under section 170d. of the

Atomic Energy Act of 1954 (42 USC 2210(d)), but such term

shall not include any contractor or subcontractor covered by

Executive Order No. 12344;

(E) a contractor or subcontractor of the Commission;

(F) the Commission; and

(G) the Department of Energy.2' Complaint. (b)(1) Any employee who believes that he has been discharged or

filing and otherwise discriminated against by any person in violation of subsection

notification. (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

'

9

P.L. 95-209. § 3,91 Stat. 1482 (1977), added section 210. 2 'New section 211 added by P.L. 102-486, 106 Stat 3123 (1992). 2

"P.L. 109-58, § 629, 119 Stat. 785 (2005), added new sections (E), (F), and (G).
Energy Reorganization Act of 1974 (P.L. 93-438) 257

Investigation

and notitication.

Order.

Notice and

hearing.

Settlement.

Relief.

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 tunder 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 (I), and shall not conduct the investigation required

under paragraph (2), unless the complainant has made a prima

facie showing that any behavior described in subparagraphs (A)

through (F) of subsection (a)(]) 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.
258 Energy Reorganization Act of 1974 (P.L. 93-438)

(D) Relief may not be ordered under paragraph (2) if the

employer demonstrates by clear and convincing evidence that it

would have taken the same unfavorable personnel action in the

absence of such behavior.

Review. (c)( 1) Any person adversely affected or aggrieved by an order issued

5 USC 701 et under subsection (b) may obtain review of the order in the United States

seq. 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.

Jurisdiction. (d) Whenever a person has failed to comply with an order issued

under subsection (b) (2), the Secretary may file a civil action in the

United States district court for the district in which the violation was

found to occur to enforce such order. In actions brought under this

subsection, the district courts shall have jurisdiction to grant all

appropriate relief including, but not limited to, injunctive relief,

compensatory, and exemplary damages.

(e)(I) Any person on whose behalf an order was issued under

paragraph (2) of subsection (b) may commence a civil action against the

person to whom such order was issued to require compliance with such

order. The appropriate United States district court shall have jurisdiction,

without regard to the amount in controversy or the citizenship of the

parties, to enforce such order.

Litigative costs. (2) The court, in issuing any final order under this subsection,

may award costs of litigation (including reasonable attorney and

expert witness fees) to any party whenever the court determines such

award is appropriate.

(0) Any nondiscretionary duty imposed by this section shall be

enforceable in a mandamus proceeding brought under section 1361 of

title 28 of the United States Code.

42 USC 2011. (g) Subsection (a) shall not apply with respect to any employee who,

acting without direction from his or her employer (or the employer's

agent), deliberately causes a violation of any requirement of this Act or

of the Atomic Energy Act of 1954, as amended.2

(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)() 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)(I) arising

from such allegation; or

(B) any investigation by the Secretary, or other action, under

this section in response to such complaint.

"

2

P.L. 95-601, § 10, 92 Stat. 2951 (1978), duplicated the section numbered 210.
Enerav Reoraanization Act of 1974 (P.L. 93-438) 259

Enerav Reraiat c of 197 (PL 348 5

(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.

Deadline. (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.

42 USC 5853. 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-

(I) 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 Ill-Miscellaneous And Transitional Provisions

42 USC 5871. 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

Lapses of other body, or any component thereof by this Act, the agency, or other

agencies and body, or component thereof shall lapse. If an agency, or other body, or

positions. any component thereof, lapses pursuant to the preceding sentence, each

position and office therein which was expressly authorized by law, or the

incumbent of which was authorized to receive compensation at the rate

prescribed for an officer or position at level I1, Ill, 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-

(I) which have been issued, made, granted, or allowed to become

effective by the President, any Federal department or agency or

official thereof, or by a court of competent jurisdiction, in the

performance of functions which are transferred under this Act, and

(2) which are in effect at the time this Act takes effect, shall

continue in effect according to their terms until modified, terminated,

23

P.L. 109-58, § 629(b), 119 Stat. 785 (2005), added new section (4). '

4P.L. 109-58. § 627, 119 Stat. 784 (2005), added new section 212.
260 Energy Reorganization Act of 1974 (P.L. 93-438)

superseded, set aside, or revoked by the President, the Administrator,

the Commission, or other authorized officials, a court of competent

jurisdiction, or by operation of law.

(c) The provisions of this Act shall not affect any proceeding

pending, at the time this section takes effect, before the Atomic Energy

Commission or any department or agency (or component thereof)

functions of which are transferred by this Act; but such proceedings, to

the extent that they relate to functions so transferred, shall be continued.

Orders shall be issued in such proceedings, appeals shall be taken

therefrom, and payments shall be made pursuant to such orders, as if this

Act had not been enacted; and orders issued in any such proceedings

shall continue in effect until ;modified, terminated, superseded, or

revoked by a duly authorized official, by a court of competent

jurisdiction, or by operation of law. Nothing in this subsection shall be

deemed to prohibit the discontinuance or modification of any such

proceeding under the same terms and conditions and to the same extent

that such proceeding could have been disconnected if this Act had not

been enacted.

(d) Except as provided in subsection (f)-

(1) the provisions of this Act shall not affect suits commenced

prior to the date this Act takes effect, and

(2) in all such suits proceedings shall be had, appeals taken, and

judgments rendered, in the same manner and effect as if this Act had

not been enacted.

(e) No suit, action, or other proceeding commenced by or against any

officer in his official capacity as an officer of any department or agency,

functions of which are transferred by this Act, shall abate by reason of

the enactment of this Act. No cause of action by or against any

department or agency, functions of which are transferred by this Act, or

by or against any officer thereof in his official capacity shall abate by

reason of the enactment of this Act. Causes of actions, suits, actions, or

other proceedings may be asserted by or against the United States or such

official as may be appropriate and, in any litigation pending when this

section takes effect, the court may at any time, on its own motion or that

of any party, enter any order which will give effect to the provisions of

this section.

(f) If, before the date on which this Act takes effect, any department

or agency, or officer thereof in his official capacity, is a party to a suit,

and under this Act any function of such department, agency, or officer is

transferred to the Administrator or Commission, or any other official,

then such suit shall be continued as if this Act had not been enacted, with

the Administrator of Commission, or other official, as the case may be,

substituted.

(g) Final orders and actions of any official or component in the

performance of functions transferred by this Act shall be subject to

judicial review to the same extent and in the same manner as if such

orders or actions had been make or taken by the officer, department,

agency, or instrumentality in the performance of such functions

immediately preceding the effective date of the Act. Any statutory

requirements relating to notices, hearings, action upon the record, or

administrative review that apply to any function transferred by this Act

shall apply to the performance of those functions by the Administrator or

Commission, or any officer or component.

(h) With respect to any function transferred by this Act and

performed after the effective date of this Act, reference in any other law

to any department or agency, or any officer or office, the functions of
Enerav Reorizanization Act of 1974 (P.L. 93-438) 261

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.

42 USC 5872. See. 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 !I,

I11, 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.

42 USC 5873. See. 303. Incidental Dispositions

The Director of the Office of Management and Budget is authorized

to make such additional incidental dispositions of personnel, personnel

positions, assets, liabilities, contracts, property, records, and unexpended

balances of appropriations, authorizations, allocations, and other funds

held, used, arising from, available to or to be made available in

connection with functions transferred by this Act, as he may deem

necessary or appropriate to accomplish the intent and purpose of this Act.

42 USC 5874. See. 304. Definitions

As used in this Act-

(]) 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
262 Energy Reorganization Act of 1974 (P.L. 93-438)

(2) any reference to "perform" or "performance", when used in

relation to functions, shall be deemed to include the exercise of

power, authority, rights, and privileges.

42 USC 5875. 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.

42 USC 5876. See. 306. Comptroller General Audit

(a) Section 166. "Comptroller General Audit" of the Atomic Energy

42 USC 2206, 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 11.

Report to (b) The Comptroller General of the United States shall audit, review,

Congress. and evaluate the implementation of the provisions of title 11 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-

(I) 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.

42 USC 5877. Sec. 307. Reports 25

Administration (a) The Administrator shall, as soon as practicable after the end of

activities and each fiscal year, make a report to the President for submission to the

progress. Congress on the activities of the Administration during the preceding

Reports to the fiscal year. Such report shall include a statement of the short-range and

President and long-range goals, priorities, and plans of the Administration together

Congress. 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.

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.

2

"The 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 U.S.C. 7267).
Energy Reorganization Act of 1974 (P.L. 93-438) 263

Commission (c) The Commission shall, as soon as practicable after the end of

activities and each fiscal year, make a report to the President for submission to the

findings. Congress 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-

(I) 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.

42 USC 5878. See. 308. Information To Committees

The Administrator shall keep the appropriate congressional

committees fully and currently informed with respect to all of the

Administration's activities.

42 USC 5879. Sec. 309. Transfer Of Funds

The Administrator, when authorized in an appropriation Act, may, in

any fiscal year, transfer funds from one appropriation to another within

the Administration; except, that no appropriation shall be either increased

or decreased pursuant to this section by more than 5 per centum of the

appropriation for such fiscal year.

See. 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:

5 USC 5313. (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.

5 USC 5314. (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.

5 USC 5315. (3) Section 5315 is amended by striking out paragraph (50), and

by adding at the end thereof the following:

(100) Assistant Administrator, Energy Research and Development

Administration (6).

(101) Director of Nuclear Reactor Regulation, Nuclear Regulatory

Commission.

(102) Director of Nuclear Material Safety and Safeguards, Nuclear

Regulatory Commission.

(103) Director of Nuclear Regulatory Research, Nuclear Regulatory

Commission.
264 Energy Reorganization Act of 1974 (P.L. 93-438)

(104) Executive Director for Operations, Nuclear Regulatory

Commission.

5 USC 5316. (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).

42 USC 5801 Sec. 311. Separability

note. 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.

42 USC 5801 Sec. 312. Effective Date and Interim Appointments

note. (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

Publication in and publish in the Federal Register; except that any of the officers

Federal provided for in title I of this Act may be nominated and appointed, as

Register. 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

42 USC 5891. 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

42 USC 2000d. discrimination under any program or activity carried on or receiving

Federal assistance under any title of this Act. This provision will be

enforced through agency provisions and rules similar to those already

established, with respect to racial and other discrimination, under title VI

of the Civil Rights Act of 1964. However, this remedy is not exclusive

and will not prejudice or cut off any other legal remedies available to a

discriminate.
Reorganization Plans and Other Documents Pertaining to the NRC 265

4. Reorganization Plan of 1980

and Other Documents Pertaining

to NRC Jurisdiction

Reorganization Plans and Other Documents Pertaining to the NRC 267

4. Reorganization Plan of 1980 and Other Documents

Pertaining to NRC Jurisdiction

Contents

A. REORGANIZATION PLAN NO. 1 OF 1980 ....................................... 269

N uclear R egulatory C om m ission .......................................................................... 269

S ec . I . ......................................................................................................... 2 6 9

S ec . 2 . ......................................................................................................... 2 7 0

S e c . 3 . ......................................................................................................... 2 71

S e c. 4 . ......................................................................................................... 2 71

S e c . 5 . ......................................................................................................... 2 7 2

B. REORGANIZATION PLAN NO. 3 OF 1970 ........................................ 273

T itle Ill - T he P resid ent ........................................................................................ 273

Environm ental Protection Agency ....................................................................... 273

Sec. 1. Establishm ent O f A gency ............................................................. 273

Sec. 2. Transfers To Environmental Protection Agency ........................ 273

Sec. 3. Performance Of Transferred Functions ...................................... 275

Sec. 4. Incidental T ransfers ...................................................................... 275

Sec. 5. Interim O fficers ............................................................................. 275

S ec. 6 . A b o litio n s ....................................................................................... 2 76

See. 7. E ffective D ate ................................................................................. 276

C. EXECUTIVE ORDER 11834-ACTIVATION OF THE ENERGY

RESEARCH AND DEVELOPMENT ADMINISTRATION AND

THE NUCLEAR REGULATORY COMMISSION .............................. 277

Activation of the Energy Research and Development Administration and

the Nuclear Regulatory Com m ission .................................................... 277

S ec . I . ......................................................................................................... 2 7 7

S e c . 2 . ......................................................................................................... 2 7 7

S ec . 3 . ......................................................................................................... 2 7 7

D. OMB MEMORANDUM REGARDING RESPONSIBILITY FOR

SETTING RADIATION PROTECTION STANDARDS ...................... 278

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREE

M ILE ISLA ND .......................................................................................... 280

Reorizanization Plan No. I of 1980 269

A. REORGANIZATION PLAN NO. I 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 .

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)(l) 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.

'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 P.L. 98-614.
270 Reorganization Plan No. I of 1980

(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)(]), 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 I of this Reorganization Plan, are hereby transferred to the

Chairman. The Chairman shall be the official spokesman for the

Commission, and shall appoint, supervise, and remove, without further

action by the Commission, the Directors and staff of the Office of Public

Affairs and the Office of Congressional Relations. The Chairman may

consult with the Commission as he deems appropriate in exercising this

appointment function.

(b) The Chairman shall also be the principal executive officer of the

Commission, and shall be responsible 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:

(I) 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.
Reoreanization Plan No. I of 1980 271

(4) appointing and removing without any further action by the

Commission, all officers and employees under the Commission other

than those whose appointment and removal are specifically provided

for by subsections 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.

See. 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.
272 Reorganization Plan No. I of 1980

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.
Reorp-anization Plan No. 3 of 1970 273

B. REORGANIZATION PLAN NO. 3 OF 1970

Title Ill - The President

5 USC App. I. Prepared by the President and transmitted to the Senate and the House of

Representatives in Congress assembled July 9, 1970, pursuant to the

provisions of chapter 9 of title 5 of the United States Code. 1 2

Environmental Protection Agency

See. I. 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 Ill 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

'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 legalify of'this plan. Congress responded by enacting this Reorganization Plan in Public Law 98-614.
274 Reorganization Plan No. 3 of 1970

by the Gulf Breeze Biological Laboratory of the Bureau of

Commercial Fisheries at Gulf Breeze, Florida.

(3) The functions vested by law to the Secretary of Health,

Education, and Welfare or in the Department of Health, Education,

and Welfare which are administered through the Environmental

Health Service, including the functions exercised by the following

components thereof:

(i) The National Air Pollution Control Administration,

(ii) The Environmental Control Administration

(A) Bureau of Solid Waste Management,

(B) Bureau of Water Hygiene,

(C) Bureau of Radiological Health,

except that functions carried out by the following components of the

Environmental Control Administration of the Environmental Health

Service are not transferred: (i) Bureau of Community Environmental

Management, (ii) Bureau of Occupational Safety and Health, and (iii)

Bureau of Radiological Health, insofar as the functions carried out by the

latter Bureau pertain to (A) regulation of radiation from consumer

products, including electronic product radiation, (B) radiation as used in

the healing arts, (C) occupational exposures to radiation, and (D)

research, technical assistance, and training related to clauses (A), (B),

and (C).

(4) The functions vested in the Secretary of Health, Education,

and Welfare of establishing tolerances for pesticide chemicals under

the Federal Food, Drug, and Cosmetic Act as amended, 21 USC 346,

346a, and 348, together with authority, in connection with the

functions transferred, (i) to monitor compliance with the tolerances

and the effectiveness of surveillance and enforcement, and (ii) to

provide technical assistance to the States and conduct research under

the Federal Food, Drug, and Cosmetic Act, as amended, and the

Public Health Service Act, as amended.

(5) So much of the functions of the Council on Environmental

Quality under section 204(5) of the National Environmental Policy

Act of 1969 (Public Law 91-190, approved January I, 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

202 1(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 (I)), and (iii) the functions

vested by law in the Secretary of Agriculture and the Department of

Agriculture which are administered through the Environmental
Reorganization Plan No. 3 of 1970 275

Quality Branch of the Plant Protection Division of the Agricultural

Research Service.

(9) So much of the functions of the transferor officers and

agencies referred to in or affected by the foregoing provisions of this

section as is incidental to or necessary for the performance by or under the Administrator of the functions transferred by those

provisions or relates primarily to those functions. The transfers to the

Administrator made by this section shall be deemed to include the

transfer of (1) authority, provided by law, to prescribe regulations

relating primarily to the transferred functions, and (2) the functions

vested in the Secretary of the Interior and the Secretary of Health,

Education, and Welfare by section 169(d)(l)(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)(l)

of the Water Pollution Control Act (33 USC 466a(b)(l)).

(b) There are hereby transferred to the Agency:

(1) From the Department of the Interior, (i) the Water Pollution

Control Advisory Board (33 USC 466f), together with its functions,

and (ii) the hearing boards provided for in section 10(c)(4) and 10(f)

of the Federal Water Pollution Control Act, as amended (33 USC

466g(c)(4): 466g(f)). The functions of the Secretary of the Interior

with respect to being or designating the Chairman of the Water

Pollution Control Advisory Board are hereby transferred to the

Administrator.

(2) From the Department of Health, Education, and Welfare, the

Air Quality Advisory Board (42 USC 1857e), together with its

functions. The functions of the Secretary of Health, Education, and

Welfare with respect to being a member and the Chairman of that

Board are hereby transferred to the Administrator.

Sec. 3. Performance Of Transferred Functions

The Administrator may from time to time make such provisions as he

shall deem appropriate authorizing the performance of any of the

functions transferred to him by the provisions of this reorganization plan

by any other officer or by any organizational entity or employee, of the

Agency.

Sec. 4. Incidental Transfers

(a) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed, used,

held, available, or to be made available in connection with the functions

transferred to the Administrator or the Agency by this reorganization

plan as the Director of the Office of Management and Budget shall

determine shall be transferred to the Agency at such time or times as the

Director shall direct.

(b) Such further measures and dispositions as the Director of Office

of Management and Budget shall deem to be necessary in order to

effectuate the transfers referred to in subsection (a) of this section shall

be carried out in such manner as he shall direct and by such agencies as

he shall designate.

Sec. 5. Interim Officers

(a) The President may authorize any person who immediately prior

to the effective date of this reorganization plan held a position in the

executive branch of the Government to act as Administrator until the

office of Administrator is for the first time filled pursuant to the

provisions of this reorganization plan or by recess appointment, as the

case may be.
276 Reorganization Plan No. 3 of 1970

(b) The President may similarly authorize any such person to act as

Deputy Administrator, authorize any such person to act as Assistant

Administrator, and authorize any such person to act as the head of any

principal constituent organizational entity of the Administration.

(c) The President may authorize any person who serves in an acting

capacity under the foregoing provisions of this section to receive the

compensation attached to the office in respect of which he so serves.

Such compensation, if authorized, shall be in lieu of, but not in addition

to, other compensation from the United States to which such person may

be entitled.

See. 6. Abolitions

(a) Subject to the provisions of this reorganization plan, the

following, exclusive of any functions, are hereby abolished:

(I) The Federal Water Quality Administration in the Department

of the Interior (33 USC 466-I).

(2) The Federal Radiation Council (73 Stat. 690; 42 USC

2021 (h)).

(b) Such provisions as may be necessary with respect to terminating

any outstanding affairs shall be made by the Secretary of the Interior in

the case of the Federal Water Quality Administration and by the

Administrator of General Services in the case of the Federal Radiation

Council.

Sec. 7. Effective Date

The provisions of this reorganization plan shall take effect sixty days

after the date they would take effect under 5 USC 906(a) in the absence

of this section.
Executive Order I 1834-Activation of ERDA and NRC 277

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:

See. I. 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,

See. 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.

See. 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.
278 OMB Memo Regarding Radiation Protection Standards

D. OMB MEMORANDUM REGARDING

RESPONSIBILITY FOR SETTING RADIATION

PROTECTION STANDARDS

Washington, D.C. 20503

December 7, 1973

MEMORANDUM FOR: ADMINISTRATOR TRAIN

CHAIRMAN RAY

SUBJECT: Responsibility for Setting Radiation Protection Standards

FROM: Roy L. Ash

Thank you for providing position papers which outline the background

and the current difference of views between your two agencies as to

which should have the responsibility for issuing standards to define

permissible limits on radioactivity that may be emitted from facilities in

the nuclear power industry.

It is clear, as your paper indicated, that a decision is needed on this

matter so that the nuclear power industry and the general public will

know where the responsibility lies for developing (including public

participation in development), promulgating and enforcing radiation

protection standards for various types of facilities in the nuclear power

industry. We must, in the national interest, avoid confusion in this area,

particularly since nuclear power is expected to supply a growing share of

the Nation's energy requirements; and it must be clear that we. are

assuring continued full protection of the public health and the

environment from radiation hazards.

It is also clear from the information which you provided that:

the area of responsibility now in controversy is intimately related to

the direct regulatory responsibilities and capabilities of the Atomic

Energy Commission, responsibilities about which there is no dispute.

EPA has construed too broadly its responsibilities, as set forth in

Reorganization Plan No. 3 of 1970, to set "generally applicable

environmental standards for the protection of the general environment

from radioactive material."

On behalf of the President, this memorandum is to advise you that the

decision is that AEC should proceed with its plans for issuing uranium

fuel cycle standards, taking into account the comments received from all

sources, including EPA; that EPA should discontinue its preparations for

issuing, now or in the future, any standards for types of facilities; and

that EPA should continue, under its current authority, to have

responsibility for setting standards for the total amount of radiation in the

general environment from all facilities combined in the uranium fuel

cycle, i.e., an ambient standard which would have to reflect AEC's

findings as to the practicability of emission controls.

EPA can continue to have a major impact upon standards for facilities set

by AEC through EPA's review of proposed standards, during which EPA
OMB Memo Regarding Radiation Protection Standards 279

can bring to bear its knowledge and perspective derived from its

responsibility for setting ambient radiation standards.

The President expects that AEC and EPA continue to work together to

carry out the responsibilities as outlined above.
280 President's Commission on the Accident at TMI

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT

THREE MILE ISLAND

Public Papers of the Presidents of the United States:

Jimmy Carter, 1979

Remarks Announcing Actions in Response to the Commission's

Report. December 7, 1979.

The purpose of this brief statement this afternoon is to outline to you

and to the public, both in this country and in other nations of the world,

my own assessment of the Kemeny report recommendations on the Three

Mile Island accident. And I would like to add, of course, in the

presentation some thoughts and actions of my own.

I have reviewed the report of the Commission, which I established to

investigate the accident at the Three Mile Island nuclear power plant. The

Commission, headed by Dr. John Kemeny, found very serious

shortcomings in the way that both the Government and the utility

industry regulate and manage nuclear power.

The steps that I am taking today will help to assure that nuclear power

plants are operated safely. Safety, as it always has been and will remain,.

is my top priority.

As I've said before, in this country nuclear power is an energy source

of last resort. By this I meant that as we reach our goals on conservation,

on the direct use of coal, on development of solar power and synthetic

fuels, and enhanced production of American oil and natural gas - as we

reach those goals, then we can minimize our reliance on nuclear power.

Many of our foreign allies must place much greater reliance than we

do on nuclear power, because they do not have the vast natural resources

that give us so many alternatives. We must get on with the job of

developing alternative energy resources, and we must also pass, in order

to do this, the legislation that I have proposed to the Congress in making

an effort, at every level of society, to conserve energy. To conserve

energy and to develop energy resources in our country are the two basic

answers for which we are seeking. But we cannot shut the door on

nuclear power for the United States.

The recent events in Iran have shown us the clear, stark dangers that

excessive dependence on imported oil holds for our Nation. We must

make every effort to lead this country to energy security. Every domestic

energy source, including nuclear power, is critical if we are to be free as

a country from our present over-dependence on unstable and uncertain

sources of high-priced foreign oil.

We do not have the luxury of abandoning nuclear power or imposing

a lengthy moratorium on its further use. A nuclear power plant can

displace 35,000 barrels ofoil per day, or roughly 13 million barrels ofoil

per year. We must take every possible step to increase the safety of

nuclear power production. I agree fully with the letter and the spirit and

the intent of the Kemeny commission's recommendations, some of which

are within my own power to implement, others of which rely on the

Nuclear Regulatory Commission, or the NRC, or the utility industry

itself.

To get the Government's own house in order, I will take several steps.

First, I will send to the Congress a reorganization plan to strengthen the

role of the Chairman of the NRC, to clarify assignment of authority and

responsibility, and provide this person with the power to act on a daily

basis as a chief executive officer with authority to put needed safety
President's Commission on the Accident at TMI 281

requirements in place and to implement better procedures. The Chairman

must be able to select key personnel and to act on behalf of the

Commission during any emergency.

Second, I intend to appoint a new Chairman of the Nuclear

Regulatory Commission, someone from outside that agency, in the spirit

of the Kemeny commission's recommendation. In the meantime, I've

asked Commissioner Ahearne, now on the NRC, to serve as the

Chairman. Mr. Ahearne will stress safety and the prompt implementation

of the needed reforms.

In addition, I will establish an independent advisory committee to

help keep me and the public of the United States informed of the progress

of the NRC and the industry in achieving and in making clear the

recommendations that nuclear power will be safer.

Third, I'm transferring responsibility to the Federal Emergency

Management Agency, the FEMA, to head up all off site emergency

activities and to complete a thorough review of emergency plans in all

the States of our country with operating nuclear reactors by June 1980.

Fourth, I have directed the Nuclear Regulatory Commission and the

other agencies of the Government to accelerate our program to place a

resident Federal inspector at every reactor site.

Fifth, I'm asking all relevant Government agencies to implement

virtually all of the other recommendations of the Kemeny commission - I

believe there were 44 in all. A detailed fact sheet is being issued to the

public, and a more extended briefing will be given to the press this

afternoon.

With clear leadership and improved organization, the executive

branch of Government and the NRC will be better able to act quickly on

the crucial issues of improved training and standards, safety procedures,

and the other Kemeny commission recommendations. But responsibility

to make nuclear power safer does not stop with the Federal Government.

In fact, the primary, day-by-day responsibility for safety rests with utility

company management and with suppliers of nuclear equipment. There is

no substitute for technically qualified and committed people working on

the construction, the operation, and the inspection of nuclear

powerplants.

Personal responsibility must be stressed. Some one person must

always be designated as in charge, both at the corporate level and also at

the power plant site. The industry owes it to the American people to

strengthen its commitment to safety.

I call on the utilities to implement the following changes. First,

building on the steps already taken, the industry must organize itself to

develop enhanced standards for safe design, operation, and construction

of plants. Second, the nuclear industry must work together to develop

and to maintain in operation a comprehensive training, examination, and

evaluation program for operators and for supervisors. This training

program must pass muster with the NRC through accreditation of the

training programs to be established. Third, control rooms in nuclear

power plants must be modernized, standardized, and simplified as much

as possible to permit better informed decision-making among regular

operating hours and, of course, during emergencies.

I challenge our utility companies to bend every effort to improve the

safety of nuclear power.

Finally, I would like to discuss how we manage this transition period

during which the Kemeny recommendations are being implemented.

There are a number of new nuclear plants now awaiting operating

licenses or construction permits. Under law, the Nuclear Regulatory
282 President's Commission on the Accident at TMI

Commission is an independent agency. Licensing decisions rest with the

Nuclear Regulatory Commission, and, as the Kemeny commission noted,

it has the authority to proceed with licensing these plants on a case-bycase basis, which may be used as circumstances surrounding a plant or its

application dictate.

The NRC has indicated, however, that it will pause in issuing any

new licenses and construction permits in order to devote its full attention

to putting its own house in order and tightening up safety requirements. I

endorse this approach which the NRC has adopted, but 1 urge the NRC to

complete its work as quickly as possible and in no event later than 6

months from today. Once we've instituted the necessary reforms to assure

safety, we must resume the licensing process promptly so that the new

plants we need to reduce our dependence on foreign oil can be built and

operated.

The steps I'm announcing today will help to ensure that our safety has

the safety of nuclear plants. Nuclear power does have a future in the

United States. It's an option that we must keep open. I will join with the

utilities and their suppliers, the Nuclear Regulatory Commission, the

executive departments and agencies of the Federal Government, and also

the State and local governments to assure that the future is a safe one.

And now Dr. Frank Press, Stu Eizenstat, and John Deutch will be

glad to answer your questions about these decisions and about nuclear

power and the future of it in our country. Frank?

NOTE: The President spoke at 2:45 p.m. in Room 450 of the Old

Executive Office Building.

Following the President's remarks, Frank Press, Director of the Office of

Science and Technology Policy, Stuart E. Eizenstat, Assistant to the

President for Domestic Affairs and Policy, and Under Secretary of

Energy John .M. Deutch held a news conference on the announcements.
Low-Level Radioactive Waste ?83

Low-Level Radioactive Waste 283

5. Low-Level Radioactive Waste

Low-Level Radioactive Waste 285

5. Low-Level Radioactive Waste

Contents

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1985

(TITLE 1), AS AMENDED ...................................................................... 289

Title I-Low-Level Radioactive Waste Policy Amendments Act Of 1985 .......... 289

S ec. 10 1. S h o rt T itle ............................................................................................. 289

Sec. 102. Amendment To The Low-Level Radioactive Waste Policy Act ....... 289

S ec. 1. S h o rt T itle ...................................................................................... 2 89

S ec. 2. D efi nitions ...................................................................................... 2 89

Sec. 3. Responsibilities For Disposal Of Low-Level Radioactive

W aste .................................................................................................... . . 2 90

Sec. 4. Regional Compacts For Disposal Of Low-Level Radioactive

Waste ..... ................................ ......................... 292

Sec. 5. Limited Availability Of Certain Regional Disposal Facilities

During Transition And Licensing Periods ............................................... 293

Sec. 6. E m ergency A ccess ......................................................................... 302

Sec. 7. Responsibilities Of The Department Of Energy ......................... 304

Sec. 8. A lternative D isposal M ethods ...................................................... 305

Sec. 9. Licensing Review And Approval .................................................. 305

Sec. 10. Radioactive Waste Below Regulatory Concern ........................ 306

B. LOW-LEVEL RADIOACTIVE WASTE POLICY

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

CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKY

MOUNTAIN, NE INTERSTATE COMPACTS) ................................... 306

Title II-Omnibus Low-Level Radioactive Waste Interstate Compact

C o n sen t A ct ........................................................................................................ 306

S ec. 20 1. S ho rt T itle .................................................................................. 306

Subtitle A - G eneral Provisions ........................................................................... 306

Sec. 211. C ongressional Finding .............................................................. 306

Sec. 212. Conditions Of Consent To Compacts ...................................... 306

Sec. 213. C ongressional Review .............................................................. 307

Subtitle B-Congressional Consent To Compacts ............................................... 307

Sec. 221. Northwest Interstate Compact On Low-Level Radioactive

Waste Management ...... ............................. 307

Northwest Interstate Compact On Low-Level Radioactive Waste

M a n agem en t ............................................................................................ 307

A rticle I-Policy A nd Purpose .................................................................... 307

A rticle II- D efi nitions ................................................................................. 307

A rticle Ill-R egulatory Practices ............................................................... 308

A rticle IV -R egional Facilities ................................................................... 308

Article V-Northwest Low-Level Waste Compact Committee ............... 309

Article VI-Eligible Parties And Effective Date ....................................... 310

A rticle V iI- Severability ............................................................................ 3 10

Sec. 222. Central Interstate Low-Level Radioactive Waste Compact..3 10

Central Interstate Low-Level Radioactive Waste Compact .............................. 310

A rticle I-Policy A nd Purpose .................................................................... 310

A rticle II- D efi n itions ................................................................................. 3 11
286 Low-Level Radioactive Waste

A rticle Ill-R ights A nd O bligations .......................................................... 312

A rticle IV -T he C om m ission ...................................................................... 312

Article V-Development And Operation Of Regional Facilities ............. 314

Article VI-Other Laws And Regulations ................................................. 315

Article VII-Eligible Parties, Withdrawal, Revocation, Entry Into

F o rce, T erm ination .................................................................................... 3 16

A rticle V IlI- P enalties ................................................................................ 3 17

Article IX-Severability And Construction .............................................. 317

Sec. 223. Southeast Interstate Low-Level Radioactive Waste

M anagem ent C om pact ............................................................................... 318

Southeast Interstate Low-Level Radioactive Waste Management Compact... 318

A rticle I-Policy A nd Purpose .................................................................... 318

A rticle ll- D efi nitions ................................................................................. 3 19

Article Ill-Rights And Obligations .......................................................... 319

A rticle IV-T he C om m ission ...................................................................... 320

Article V-Development And Operation Of Facilities ............................. 323

Article VI-Other Laws And Regulations .................... 324

Article VII-Eligible Parties; Withdrawal; Revocation; Entry Into

F orce; T erm ination .................................................................................... 325

A rticle V III- P enalties ................................................................................ 326

Article IX-Severability And Construction .............................................. 327

Sec. 224. Central Midwest Interstate Low-Level Radioactive Waste

C o m p a ct ...................................................................................................... 32 7

Central Midwest Interstate Low-Level Radioactive Waste Compact .............. 327

A rticle I-Policy A nd Purpose .................................................................... 327

A rticle If- D efi nitions ................................................................................. 328

A rticle Ill-T he C om m ission ..................................................................... 330

Article IV-Regional Management Plan ................................................... 333

Article V-Rights And Obligations Of Party States ................................. 334

Article VI-Development And Operation Of Facilities ............................ 334

Article VII-Other Laws And Regulations ............................................... 338

Article VIII-Eligible Parties, Withdrawal, Revocation, Entry Into

F orce, T erm ination .................................................................................... 339

A rticle IX - P enalties ................................................................................... 340

Article X-Severability And Construction ................................................ 340

Sec. 225. Midwest Interstate Low-Level Radio Active Waste

M anagem ent C om pact ............................................................................... 34 1

Midwest Interstate Low-Level Radio Active Waste Management Compact... 341

A rticle I-Policy A nd Purpose ........................ ! ........................................... 341

A rticle ll- D efi nitions ................................................................................. 342

A rticle Ill-T he C om m ission ..................................................................... 343

Article IV-Regional Management Plan ................................................... 345

Article V-Rights And Obligations Of Party States ................................. 346

Article VI-Development And Operation Of Facilities ............................ 346

Article VII-Other Laws And Regulations ............................................... 347

Article VIII-Eligible Parties, Withdrawal, Revocation, Entry Into

F orce, T erm ination .................................................................................... 348

A rticle IX - P enalties ................................................................................... 349

Article X-Severability And Construction ................................................ 350

Sec. 226. Rocky Mountain Low-Level Radioactive Waste Compact, ...350

Rocky Mountain Low-Level Radioactive Waste Compact ................................ 350
Low-Level Radioactive Waste 287

Article I-Findings And Purpose ............................................................... 350

A rticle II- D efi nitions ................................................................................. 35 1

Article III-Rights, Responsibilities, And Obligations ............................. 351

Article IV-Board Approval Of Regional Facilities ................................. 353

A rticle V - Su rcharges ................................................................................ 353

A rticle V I-T he B oard ................................................................................ 353

Article VII-Prohibited Acts And Penalties .............................................. 355

Article VIll-Eligibility, Entry Into Effect, Congressional Consent,

W ithdraw al, E xclusion ........................................................................... 357

Article IX-Construction And Severability .............................................. 357

Sec. 227. Northeast Interstate Low-Level Radioactive Waste

M anagem ent C om pact ............................................................................... 357

Northeast Interstate Low-Level Radioactive Waste Management Compact... 357

A rticle I-Policy A nd Purpose .................................................................... 357

A rticle 1I- D efi n itio n s ............................... ; ................................................. 358

Article Ill-Rights And Obligations .......................................................... 359

A rticle IV -T he C om m ission ...................................................................... 361

Article V-Host State Selection And Development And Operation Of

R eg io n a l F acilities ...................................................................................... 36 5

Article VI-Other Laws And Regulations ................................................. 368

Article VII-Eligible Parties, Withdrawal, Revocation, Entry Into

F o rce, T erm inatio n .................................................................................... 369

A rticle V ili- P ena lties ................................................................................ 370

Article IX-Compensation Provisions ....................................................... 371

Article X-Severability And Construction ................................................ 372

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE

WASTE COMPACT CONSENT ACT ................................................... 373

S ec. I. S ho rt T itle ...................................................................................... 373

Sec. 2. C ongressional Finding .................................................................. 373

Sec. 3. Conditions of Consent to Compact .............................................. 373

Sec. 4. C ongressional R eview ................................................................... 373

Sec. 5. Appalachian States Low-Level Radioactive Waste Compact....373

Appalachian States Low-Level Radioactive Waste Compact ........................... 373

P rea m b le ..................................................................................................... 3 7 3

A rticle I- D efi nitions ................................................................................... 374

Article Ill-Rights, Responsibilities And Obligations Of Party States...379

Article IV-Prohibited Acts And Penalties ............................................... 382

Article V-Eligibility, Entry Into Effect, Congressional Consent,

W ith d ra w a l ................................................................................................. 3 83

Article VI-Construction And Severability .............................................. 383

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE

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

S ec. I. S ho rt T itle ...................................................................................... 3 84

See. 2. C ongressional Finding .................................................................. 384

Sec. 3. Conditions Of Consent To Compact ............................................ 384

Sec. 4. C ongressional R eview ................................................................... 384

Sec. 5. Southwestern Low-Level Radioactive Waste Compact ............. 384

Article I-Compact Policy And Formation ............................................... 384

A rticle Il- D efin itions ................................................................................. 385

A rticle Ill-T he C om m ission ..................................................................... 386
288 Low-Level Radioactive Waste

Article IV-Rights, Responsibilities, And Obligations Of Party States..390

Article V-Approval Of Regional Facilities .............................................. 392

Article VI-Prohibited Acts And Penalties ............................................... 392

Article VlI-Eligibility, Entry Into Effect, Congressional Consent,

W ithdraw al, E xclusion .............................................................................. 392

Article VIIi-Construction And Severability ........................ 393

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

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

S ee. 1. S ho rt T itle ...................................................................................... 394

See. 2. C ongressional Finding .................................................................. 394

Sec. 3. Conditions Of Consent To Compact ............................................ 394

Sec. 4. C ongressional Review ................................................................... 394

Sec. 5. Texas Low-Level Radioactive Waste Compact ........................... 394

A rticle I. Policy A nd Purpose .................................................................. 394

A rticle II. D efi nitions ............................................................................... 395

A rticle Ill. T he C om m ission ................................................................... 396

Article IV. Rights, Responsibilities, And Obligations Of Party ........... 398

Article V. Party State Contributions ...................................................... 400

Article VI. Prohibited Acts And Penalties ............................................. 400

Article VII. Eligibility, Entry Into Effect; Congressional Consent;

W ithd raw al; E xclusion .............................................................................. 400

Article VIii. Construction And Severability .......................................... 402
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 289

A. LOW-LEVEL RADIOACTIVE WASTE POLICY

ACT OF 1985 (TITLE 1), AS AMENDED

Public Law 99-240 99 Stat. 1842

l,ow-l~evel

Radioactive

Waste Policy

Amendments

Act of 1985.

State and local

governmenls.

42 USC 2021b

note.

42 USC 2021b202 1(d.

42 USC 2021b

note.

42 USC 2021b

note.

42 USC 2021b.

January 15, 1986

An Act

To amend the Low-Level Radioactive Waste Policy Act to improve

procedures for the implementation of compacts providing for the

establishment and operation of regional disposal facilities for lowlevel radioactive waste; to grant the consent of the Congress to certain

interstate compacts on low-level radioactive waste; and for other

purposes. 1

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

Title I-Low-Level Radioactive Waste Policy Amendments Act Of

1985

Sec. 101. Short Title

This title may be cited as the "Low-Level Radioactive Waste Policy

Amendments Act of 1985."

Sec. 102. Amendment To The Low-Level Radioactive Waste Policy

Act

The Low-Level Radioactive Waste Policy Act (42 USC 2021b et

seq.) is amended by striking out sections I, 2, 3, and 4 and inserting in

lieu thereof the following:

Sec. 1. Short Title

This Act may be cited as the "Low-Level Radioactive Waste Policy

Act."

Sec. 2. Definitions

For purposes of this Act:

(I) Agreement State.-The term "agreement State" means a State

that-

(A) has entered into an agreement with the Nuclear Regulatory

Commission under section 274 of the Atomic Energy Act of 1954

(42 USC 2021); and

(B) has authority to regulate the disposal of low-level

radioactive waste under such agreement.

(2) Allocation.-The term "allocation" means the assignment of a

specific amount of low-level radioactive waste disposal capacity to a

commercial nuclear power reactor for which access is required to be

provided by sited States subject to the conditions specified under this

Act.

(3) Commercial Nuclear Power Reactor.-The term "commercial

nuclear power reactor" means any unit of a civilian light-water

moderated utilization facility required to be licensed under section

103 or 104b. of the Atomic Energy Act of 1954 (42 USC 2133 or

2134(b)).

'NOTE: P.L. 96-573, 94 Stat. 3347 (1980), "Low-Level Radioactive Waste Policy Act of 1980," was

completely amended by P.L. 99-240.
290 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(4) Compact.-The term "compact" means a compact entered into

by two or more States pursuant to this Act.

(5) Compact Commission.-The term "compact commission"

means the regional commission, committee, or board established in a

compact to administer such compact.

(6) Compact Region.-The term "compact region" means the area

consisting of all States that are members of a compact.

(7) Disposal.-The term "disposal" means the permanent isolation

of low-level radioactive waste pursuant to the requirements

established by the Nuclear Regulatory Commission under applicable

laws, or by an agreement State if such isolation occurs in such

agreement State.

(8) Generate.-The term "generate", when used in relation to lowlevel radioactive waste, means to produce low-level radioactive

waste.

(9) Low-level Radioactive Waste.-

(A) IN GENERAL-The term "low-level radioactive waste"

means radioactive material that-

(i) is not high-level radioactive waste, spent nuclear fuel,

or byproduct material (as defined in section I le.(2) of the

Atomic Energy Act of 1954 (42 USC 2014(e)(2))); and

(ii) the Nuclear. Regulatory Commission, consistent with

existing law and in accordance with paragraph (A), classifies

as low-level radioactive waste.

(B) EXCLUSION-The term 'low-level radioactive waste'

does not include byproduct material (as defined in paragraphs (3)

and (4) of section 1le. of the Atomic Energy Act of 1954 (42

USC 2014(e)).2

(10) Non-sited Compact Region.-The term "non-sited compact

region" means any compact region that is not a sited compact region.

(II) Regional Disposal Facility.-The term "regional disposal

facility" means a non-Federal low-level radioactive waste disposal

facility in operation on January 1, 1985, or subsequently established

and operated under a compact.

(12) Secretary.-The term "Secretary" means the Secretary of

Energy.

(13) Sited Compact Region.-

The term "sited compact region" means a compact region in which

there is located one of the regional disposal facilities at Barnwell, in the

State of South Carolina; Richland, in the State of Washington; or Beatty,

in the State of Nevada.

(14) State.-The term "State" means any State of the United States,

the District of Columbia, and the Commonwealth of Puerto Rico.

See. 3. Responsibilities For Disposal Of Low-Level Radioactive

Waste

Section 3(a)(1) State Responsibilities.-Each State shall be

responsible for providing, either by itself or in cooperation with other

States, for the disposal ofNevada.

South Carolina.

Washington.

42 USC 202 1c.

'P.L. 109-58, Title VI, § 651(e)(3)(B), 119 Stat. 808 (2005), inserted "(A) IN GENERAL" in front of"The

term" at the beginning of section 2(9) and redesignated subparagraphs (A) and (B) as clauses (i) and (ii),

respectively, and added the new subparagraph (B).

Note: For other requirements of P.L. 109-58, Title VI, § 651e., 119 Stat. 808 (2005), relating to the addition of

paragraphs (3) and (4) to section I I e of the Atomic Energy Act of 1954, see footnote 8 of the Atomic Energy

Act of 1954, as set forth in this NUREG.
Vessels.

Research and

development.

Vessels.

llealth.

Research and

development.

42 USC 2011

note.

Sat'cty.

Report.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 291

(A) low-level radioactive waste generated within the State

(other than by the Federal Government) that consists of or

contains class A, B, or C radioactive waste as defined by section

61.55 of title 10, Code of Federal Regulations, as in effect on

January 26, 1983;

(B) low-level radioactive waste described in subparagraph (A)

that is generated by the Federal Government except such waste

that is-

(i) owned or generated by the Department of Energy;

(ii) owned or generated by the United States Navy as a

result of the decommissioning of vessels of the United States

Navy; or

(iii) owned or generated as a result of any research,

development, testing, or production of any atomic weapon;

and

(C) low-level radioactive waste described in subparagraphs

(A) and (B) that is generated outside of the State and accepted for

disposal in accordance with section 5 or 6.

(2) No regional disposal facility may be required to accept for

disposal any material-

(A) that is not low-level radioactive waste as defined by

section 61.55 of title 10, Code of Federal Regulations, as in effect

on January 26, 1983, or

(B) identified under the Formerly Utilized Sites Remedial

Action Program.

Nothing in this paragraph shall be deemed to prohibit a State, subject

to the provisions of its compact, or a compact region from accepting for

disposal any material identified in subparagraph (A) or (B).

(b)(l) The Federal Government shall be responsible for the disposal

of-

(A) low-level radioactive waste owned or generated by the

Department of Energy;

(B) low-level radioactive waste owned or generated by the

United States Navy as a result of the decommissioning of vessels

of the United States Navy;

(C) low-level radioactive waste owned or generated by the

Federal Government as a result of any research, development,

testing, or production of any atomic weapon; and

(D) any other low-level radioactive waste with concentrations

of radionuclides that exceed the limits established by the

Commission for class C radioactive waste, as defined by section

61.55 of title 10, Code of Federal Regulations, as in effect on

January 26, 1983.

(2) All radioactive waste designated a Federal responsibility.

pursuant to subparagraph (b)(l)(D) that results from activities

licensed by the Nuclear Regulatory Commission under the Atomic

Energy Act of 1954, as amended, shall be disposed of in a facility

licensed by the Nuclear Regulatory Commission that the Commission

determines is adequate to protect the public health and safety.

(3) Not later than 12 months after the date of enactment of this

Act, the Secretary shall submit to the Congress a comprehensive

report setting forth the recommendations of the Secretary for ensuring

the safe disposal of all radioactive waste designated a Federal

responsibility pursuant to subparagraph (b)(l)(D). Such report shall

include-
Prohibition.

Report.

42 USC 2021d.

ProhibitLion.

Prohibition.

292 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(A) an identification of the radioactive waste involved,

including the source of such waste, and the volume,

concentration, and other relevant characteristics of such waste;

(B) an identification of the Federal and non-Federal options

for disposal of such radioactive waste;

(C) a description of the actions proposed to ensure the safe

disposal of such radioactive waste;

(D) a description of the projected costs of undertaking such

actions;

(E) an identification of the options for ensuring that the

beneficiaries of the activities resulting in the generation of such

radioactive wastes bear all reasonable costs of disposing of such

wastes; and

(F) an identification of any statutory authority required for

disposal of such waste.

(4) The Secretary may not dispose of any radioactive waste

designated a Federal responsibility pursuant to paragraph (b)(1)(D)

that becomes a Federal responsibility for the first time pursuant to

such paragraph until ninety days after the report prepared pursuant to

paragraph (3) has been submitted to the Congress.

See. 4. Regional Compacts For Disposal Of Low-Level Radioactive

Waste

(a) In General-

(I) Federal Policy.-lt is the policy of the Federal Government that

the responsibilities of the States under section 3 for the disposal of

low-level radioactive waste can be most safely and effectively

managed on a regional basis.

(2) Interstate Compacts.-To carry out the policy set forth in

paragraph (I), the States may enter into such compacts as may be

necessary to provide for the establishment and operation of regional

disposal facilities for low-level radioactive waste.

(b) Applicability To Federal Activities.-

(1) In General.-

(A) Activities Of The Secretary.-Except as provided in

subparagraph (B), no compact or act taken under a compact shall

be applicable to the transportation, management, or disposal of

any low-level radioactive waste designated in section 3(a)(l)(B)

(i)-(iii).

(B) Federal Low-level Radioactive Waste Disposed Of At

Non-federal Facilities.-Low-level radioactive waste owned or

generated by the Federal Government that is disposed of at a regional disposal facility or non-Federal disposal facility within a

State that is not a member of a compact shall be subject to the

same conditions, regulations, requirements, fees, taxes, and

surcharges imposed by the compact commission, and by the State

in which such facility is located, in the same manner and to the

same extent as any low-level radioactive waste not generated by

the Federal Government.

(2) Federal Low-level Radioactive Waste Disposal Facilities.-

Any low-level radioactive waste disposal facility established or

operated exclusively for the disposal of low-level radioactive waste

owned or generated by the Federal Government shall not be subject to

any compact or any action taken under a compact.
Prohibition.

Regulations.

Transportation.

Health.

Pollution.

Safety,

Government

organization

and employees.

28 USC 2671

et seq.

Prohibition.

Prohibition.

Prohibition.

42 USC 2021e.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 293

(3) Effect Of Compacts On Federal Law.-Nothing contained in

this Act or any compact may be construed to confer any new

authority on any compact commission or State-

(A) to regulate the packaging, generation, treatment, storage,

disposal, or transportation of low-level radioactive waste in a manner incompatible with the regulations of the Nuclear

Regulatory Commission or inconsistent with the regulations of the

Department of Transportation;

(B) to regulate health, safety, or environmental hazards from

source material, byproduct material, or special nuclear material;

(C) to inspect the facilities of licensees of the Nuclear

Regulatory Commission;

(D) to inspect security areas or operations at the site of the

generation of any low-level radioactive waste by the Federal

Government, or to inspect classified information related to such

areas or operations; or

(E) to require indemnification pursuant to the provisions of

chapter 171 of title 28, United States Code (commonly referred to

as the Federal Tort Claims Act), or section 170 of the Atomic

Energy Act of 1954 (42 USC 2210) (commonly referred to as the

Price-Anderson Act), whichever is applicable.

(4) Federal Authority.-Except as expressly provided in this Act,

nothing contained in this Act or any compact may be construed to

limit the applicability of any Federal law or to diminish or otherwise

impair the jurisdiction of any Federal agency, or to alter, amend, or

otherwise affect any Federal law governing the judicial review of any

action taken pursuant to any compact.

(5) State Authority Preserved.-

Except as expressly provided in this Act, nothing contained in this

Act expands, diminishes, or otherwise affects State law.

(c) Restricted Use Of Regional Disposal Facilities-Any authority in

a compact to restrict the use of the regional disposal facilities under the

compact to the disposal of low-level radioactive waste generated within

the compact region shall not take effect before each of the following

occurs:

(1) January 1, 1986; and

(2) the Congress by law consents to the compact.

(d) Congressional Review.-Each compact shall provide that every 5

years after the compact has taken effect the Congress may by law

withdraw its consent.

See. 5. Limited Availability Of Certain Regional Disposal Facilities

During Transition And Licensing Periods

(a) Availability Of Disposal Capacity.-

(1) Pressurized Water And Boiling Water Reactors.-During the

seven-year period beginning January 1, 1986, and ending December

31, 1992, subject to the provisions of subsections (b) through (g),

each State in which there is located a regional disposal facility

referred to in paragraphs (1) through (3) of subsection (b) shall make

disposal capacity available for low-level radioactive waste generated

by pressurized water and boiling water commercial nuclear power

reactors in accordance with the allocations established in subsection

(c).

(2) Other Sources Of Low-level Radioactive Waste.-During the

seven-year period beginning January 1, 1986 and ending December

31, 1992, subject to the provisions of subsections (b) through (g),
294 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

each State in which there is located a regional disposal facility

referred to in paragraphs (I) through (3) of subsection (b) shall make

disposal capacity available for low-level radioactive waste generated

by any source not referred to in paragraph (1).

(3) Allocation Of Disposal Capacity.-

(A) During the seven-year period beginning January 1, 1986

and ending December 31, 1992, low-level radioactive waste

generated within a sited compact region shall be accorded priority

under this section in the allocation of available disposal capacity

at a regional disposal facility referred to in paragraphs (1) through

(3) of subsection (b) and located in the sited compact region in

which such waste is generated.

(B) Any State in which a regional disposal facility referred to

in paragraphs (1) through (3) of subsection (b) is located may,

subject to the provisions of its compact, prohibit the disposal at

such facility of low-level radioactive waste generated outside of

the compact region if the disposal of such waste in any given

calendar year, together with all other low-level radioactive waste

would result in that facility disposing of a total annual volume of

low-level radioactive waste in excess of 100 per centum of the

average annual volume for such facility designated in sub-section

(b): Provided, however, That in the event that all three States in

which regional disposal facilities referred to in paragraphs (1)

through (3) of subsection (b) act to prohibit the disposal of lowlevel radioactive waste pursuant to this subparagraph, each such

State shall, in accordance with any applicable procedures of its

compact, permit, as necessary, the disposal of additional

quantities of such waste in increments of 10 per centum of the

average annual volume for each such facility designated in

subsection (b).

Prohibition. (C) Nothing in this paragraph shall require any disposal

facility or State referred to in paragraphs (1) through (3) of

subsection (b) to accept for disposal low-level radioactive waste

in excess of the total amounts designated in subsection (b).

Prohibition. (4) Cessation Of Operation Of Low-level Radioactive Waste

Disposal Facility.-No provision of this section shall be construed to

obligate any State referred to in paragraphs (I) through (3) of

subsection (b) to accept low-level radioactive waste from any source

in the event that the regional disposal facility located in such State

ceases operations.

(b) Limitations.-The availability of disposal capacity for low-level

radioactive waste from any source shall be subject to the following

limitations:

(I) Barnwell, South Carolina.-The State of South Carolina, in

accordance with the provisions of its compact, may limit the volume

of low-level radioactive waste accepted for disposal at the regional

disposal facility located in Barnwell, South Carolina to a total of

8,400,000 cubic feet of low-level radioactive waste during the 7-year

period beginning January 1, 1986 and ending December 31, 1992 (as

based on an average annual volume of 1,200,000 cubic feet of lowlevel radioactive waste).

(2) Richland, Washington.-The State of Washington, in

accordance with the provisions of its compact, may limit the volume

of low-level radioactive waste accepted for disposal at the regional

disposal facility located at Richland, Washington to a total of
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 295

9,800,000 cubic feet of low-level radioactive waste during the 7-year

period beginning January 1, 1986, and ending December 31, 1992 (as

based on an average annual volume of 1,400,000 cubic feet of lowlevel radioactive waste).

(3) Beatty, Nevada.-The State of Nevada, in accordance with the

provisions of its compact, may limit the volume of low-level

radioactive waste accepted for disposal a the regional disposal facility

located at Beatty, Nevada to a total of 1,400,000 cubic feet of lowlevel radioactive waste during the 7-year period beginning January 1,

1986, and ending December 31, 1992 (as based on an average annual

Volume of 200,000 cubic feet of low-level radioactive waste).

(c) Commercial Nuclear Power Reactor Allocations.-

(1) Amount.-Subject to the provisions of subsections (a) through

(g) each commercial nuclear power reactor shall upon request receive

an allocation of low-level radioactive waste disposal capacity (in

cubic feet) at the facilities referred to in subsection (b) during the 4-

year transition period beginning January 1, 1986 and ending

December 3 1, 1989, and during the 3-year licensing period beginning

January 1, 1990, and ending December 31, 1992, in an amount

calculated by multiplying the appropriate number from the following

table by the number of months remaining in the applicable period as

determined under paragraph (2).

4-year Licensing Period 3-year Licensing Period

Reactor

Type In Sited All Other In Sited All Other

Region Locations Region Locations

PWR 1027 871 934 685

BWR 2300 1951 2091 1533

(2) Method Of Calculationý-For purposes of calculating the

aggregate amount of disposal capacity available to a commercial

nuclear power reactor under this subsection, the number of months

shall be computed beginning with the first month of the applicable

period, or the sixteenth month after receipt of a full power operating

license, whichever occurs later.

(3) Unused Allocations.-Any unused allocation under paragraph

(1) received by a reactor during the transition period or the licensing

period may be used at any time after such reactor receives its full

power license or after the beginning of the pertinent period,

whichever is later, but not in any event after December 31, 1992, or

after commencement of operation of a regional disposal facility in the

compact region or State in which such reactor is located, whichever

occurs first.

(4) Transferability.-Any commercial nuclear power reactor in a

State or compact region that is in compliance with the requirements

of subsection (e) may assign any disposal capacity allocated to it

under this subsection to any other person in each State or compact

region. Such assignment may be for valuable consideration and shall

be in writing, copies of which shall be filed at the affected compact

commissions and States, along with the assignor's unconditional

written waiver of the disposal capacity being assigned.

(5) Unusual Volumes.-
296 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(A) The Secretary may, upon petition by the owner or operator

of any commercial nuclear power reactor, allocate to such reactor

disposal capacity in excess of the amount calculated under

paragraph (1) if the Secretary finds and states in writing his

reasons for so finding that making additional capacity available

for such reactor through 'this paragraph is required to permit

unusual or unexpected operating, maintenance, repair or safety

activities.

Prohibition. (B) The Secretary may not make allocations pursuant to

subparagraph (A) that would result in the acceptance for disposal

of more than 800,000 cubic feet of low-level radioactive waste or would result in the total of the allocations made pursuant to this

subsection exceeding 11,900,000 cubic feet over the entire sevenyear interim access period.

Prohibition. (6) Limitation.-During the seven-year interim access period

referred to in subsection (a), the disposal facilities referred to in

subsection (b) shall not be required to accept more than 11,900,000

cubic feet of low-level radioactive waste generated by commercial

nuclear power reactors.

Prohibition. (d)(1)Surcharges.-The disposal of any low-level radioactive waste

under this section (other than low-level radioactive waste generated in a

sited compact region) may be charged a surcharge by the State in which

the applicable regional disposal facility is located, addition to the fees

and surcharges generally applicable for disposal of low-level radioactive

waste in the regional disposal facility involved. Except as provided in

sub-section (e)(2), such surcharges shall not exceed-

(A) in 1986 and 1987, $10 per cubic foot of low-level

radioactive waste;

(B) in 1988 and 1989, $20 per cubic foot of low-level

radioactive waste; and

(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level

radioactive waste.

(2) Milestone Incentives.-

(A) Escrow Account.-Twenty-five per centum of all surcharge

fees received by a State pursuant to paragraph (I) during the

seven-year period referred to in subsection (a) shall be transferred

on a monthly basis to an escrow account held by the Secretary.

The Secretary shall deposit all funds received in a special escrow

account. The funds so deposited shall not be the property of the

United States. The Secretary shall act as trustee for such funds

and shall invest them in interest-bearing United States

Government Securities with the highest available yield. Such

funds shall be held by the Secretary until-

(i) paid or repaid in accordance with subparagraph (B) or

(C); or

(ii) paid to the State collecting such fees in accordance

with subparagraph (F).

(B) Payments.-

(i) July 1, 1986.-The twenty-five per centum of any

amount collected by a State under paragraph (I) for low-level

radioactive waste disposed of under this section during the

period beginning on the date of enactment of the Low-Level

Radioactive Waste Policy Amendments Act of 1985 and

ending June 30, 1986, and transferred to the Secretary under

subparagraph (A), shall be paid by the Secretary in accordance
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 297

with subparagraph (D) if the milestone described in subsection (e)(1)(A) is met by the State in which such waste

originated.

(ii) January I, 1988.-The twenty-five per centum of any

amount collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning July I, 1986 and ending December 31, 1987,

and transferred to the Secretary under subparagraph (A), shall

be paid by the Secretary in accordance with subparagraph (D)

if the milestone described in subsection (e)(l)(B) is met by the

state in which such waste originated (or its compact region,

where applicable).

(iii) January 1, 1990.-The twenty-five per centum of any

amount collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning January 1, 1988 and ending December 31,

1989, and transferred to the Secretary under subparagraph (A),

shall be paid by the Secretary in accordance with

subparagraph (D) if the milestone described in subsection

(e)(l)(C) is met by the State in which such waste originated

(or its compact region, where applicable).

(iv) The twenty-five per centum of any amount collected

by a State under paragraph (1) for low-level radioactive waste

disposed of under this section during the period beginning

January 1, 1990 and ending December 31, 1992, and

transferred to the Secretary under subparagraph (A), shall be

paid by the Secretary in accordance with subparagraph (D) if,

by January 1, 1993, the State in which such waste originated

(or its compact region, where applicable) is able to provide for

the disposal of all low-level radioactive waste generated

within such State or compact region.

(C) Failure To Meet January 1, 1993 Deadline.-If, by January

I, 1993, a State (or, where applicable, a compact region) in which

low-level radioactive waste is generated is unable to provide for

the disposal of all such waste generated within such State or

compact region-

(i) each State in which such waste is generated, upon the

request of the generator or owner of the waste, shall take title

to the waste, shall be obligated to take possession of the waste,

and shall be liable for all damages directly or indirectly

incurred by such generator or owner as a consequence of the

failure of the State to take possession of the waste as soon

after January 1, 1993 as the generator or owner notifies the

State that the waste is available for shipment; or3

(ii) if such State elects not to take title to, take possession

of, and assume liability for such waste, pursuant to clause (i),

twenty-five per centum of any amount collected by a State

under paragraph (I) for low-level radioactive waste disposed

of under this section during the period beginning January 1,

1990 and ending December 31, 1992 shall be repaid, with

interest, *to each generator from whom such surcharge was

'The United States Supreme Court struck down this provision because it was unconditional (N. Y vs. United

States 112 S. Ct. 2408 (June 19, 1992)).
298 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

collected. Repayments made pursuant to this clause shall be

made on a monthly basis, with the first such repayment

beginning on February 1, 1993, in an amount equal to one

thirty-sixth of the total amount required to be repaid pursuant

to this clause, and shall continue until the State (or, where

applicable, compact region) in which such low-level

radioactive waste in generated is able to provide for the

disposal of all such waste generated within such State or

compact region or until January 1, 1996, whichever is earlier.

If a State in which low-level radioactive waste is generated elects to take

title to, take possession of, and assume liability for such waste pursuant

to clause (i), such State shall be paid such amounts as are designated in

subparagraph (B)(iv). If a State (or, where applicable, a compact region)

in which low-level radioactive waste is generated provides for the

disposal of such waste at any time after January 1, 1993 and prior to

January 1, 1996, such State (or, where applicable, compact region) shall

be paid in accordance with subparagraph (D) a lump sum amount equal

to twenty-five per centum of any amount collected by a State under

paragraph (1): Provided, however, That such payment shall be adjusted

to reflect the remaining number of months between January 1, 1993 and

January 1, 1996 for which such State (or, where applicable, compact

region) provides for the disposal of such waste. If a State (or, where

applicable, a compact region) in which low-level radioactive waste is

generated is unable to provide for the disposal of all such waste

generated within such State or compact region by January I, 1996, each

State in which such waste is generated, upon the request of the generator

or owner of the waste shall take title to the waste, be obligated to take

possession of the waste, and shall be liable for all damages directly or

indirectly incurred by such generator or owner as a consequence of the

failure of the State to take possession of the waste as soon after January

1, 1996, as the generator or owner notifies the State that the waste is

available for shipment.

(D) Recipients Of Payments.-The payments described in

subparagraphs (B) and (C) shall be paid within thirty days after

the applicable date-

(i) if the State in which such waste originated is not a member of a compact region, to such State;

(ii) if the State in which such waste originated is a member

of the compact region, to the compact commission serving

such State.

(E) Uses Of Payments.-

(i) Limitations.-Any amount paid under subparagraphs (B)

or (C) may only be used to-

(I) establish low-level radioactive waste disposal

facilities;

Reports. (II) mitigate the impact of low-level radioactive waste

disposal facilities on the host State;

(111) regulate low-level radioactive waste disposal

facilities; or (IV) ensure the decommissioning, closure, and care

during the period of institutional control of low-level

radioactive waste disposal facilities.

(ii) Reports.-

(1) Recipient.-Any State or compact commission

receiving a payment under subparagraphs (B) or (C) shall,
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 299

on December 31 of each year in which any such funds are

expended, submit a report to the Department of Energy

itemizing any such expenditures.

(1I) Department Of Energy.-Not later than six months

after receiving the reports under subclause (I), the

Secretary shall submit to the Congress a summary of all

such reports that shall include an assessment of the

compliance of each such State or compact commission

with the requirements of clause (i).

(F) Payment To States.-Any amount collected by a State

under paragraph (1) that is placed in escrow under subparagraph

(A) and not paid to a State or compact commission under

subparagraphs (B) and (C) or not repaid to a generator under

subparagraph (C) shall be paid from such escrow account to such

State collecting such payment under paragraph (I). Such payment

shall be made not later than 30 days after a determination of

ineligibility for a refund is made.

Prohibition. (G) Penalty Surcharges.-No rebate shall be made under this

subsection of any surcharge or penalty surcharge paid during a

period of noncompliance with subsection (e)(1).

(e) Requirements For Access To Regional Disposal Facilities.-

(1) Requirements For Non-sited Compact Regions And Nonmember States.-Each non-sited compact region, or State that is not a

member of a compact region that does not have an operating disposal

facility, shall comply with the following requirements:

(A) By July 1, 1986, each such non-member State shall ratify

compact legislation or, by the enactment of legislation or the

certification of the Governor, indicate its intent to develop a site

for the location of a low-level radioactive waste disposal facility

within such State.

(B) By January 1, 1988.-

(i) each non-sited compact region shall identify the State in

which its low-level radioactive waste disposal facility is to be

located, or shall have selected the developer for such facility

and the site to be developed, and each compact region or the

State in which its low-level radioactive waste disposal facility

is to be located shall develop a siting plan for such facility

providing detailed procedures and a schedule for establishing

a facility location and preparing a facility license application

and shall delegate authority to implement such plan;

(ii) each non-member State shall develop a siting plan

providing detailed procedures and a schedule for establishing

a facility location and preparing a facility license application

for a low-level radioactive waste disposal facility and shall

delegate authority to implement such plan; and

(iii) The siting plan required pursuant to this paragraph

shall include a description of the optimum way to attain

operation of the low-level radioactive waste disposal facility

involved, within the time period specified in this Act. Such

plan shall include a description of the objectives and a

sequence of deadlines for all entities required to take action to

implement such plan, including, to the extent practicable, an

identification of the activities in which a delay in the start, or

completion, of such activities will cause a delay in beginning

facility operation. Such plan shall also identify, to the extent
300 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

practicable, the process for (I) screening for broad siting

areas; (2) identifying and evaluating specific candidate sites;

and (3) characterizing the preferred site(s), completing all

necessary environmental assessments, and .preparing a license

application for submission to the Nuclear Regulatory

Commission or an Agreement State.

(C) By January 1, 1990.-

(i) a complete application (as determined by the Nuclear

Regulatory Commission or the appropriate agency of an

agreement State) shall be filed for a license to operate a lowlevel radioactive waste disposal facility within each non-sited

compact region or within each non-member State; or

(ii) the Governor (or, for any State without a Governor, the

chief executive officer) of any State that is not a member of a

compact region in compliance with clause (i), or has not

complied with such clause by its own actions, shall provide a

written certification to the Nuclear Regulatory Commission,

that such State will be capable of providing for, and will

provide for, the storage, disposal, or management of any lowlevel radioactive waste generated within such State and

requiring disposal after December 3 1, 1992, and include a

description of the actions that will be taken to ensure that such

capacity exists.

(D) By January 1, 1992, a complete application (as determined

by the Nuclear Regulatory Commission or the appropriate agency

of an agreement State) shall be filed for a license to operate a lowlevel radioactive waste disposal facility within each non-sited

compact region or within each non-member State.

Federal (E) The Nuclear Regulatory Commission shall transmit any

Register, certification received under subparagraph (C) to the Congress and

publication, publish any such certification in the Federal Register.

Contracts. (F) Any State may, subject to all applicable provisions, if any,

of any applicable compact, enter into an agreement with the

compact commission of a region in which a regional disposal

facility is located to provide for the disposal of all low-level

radioactive waste generated within such State, and, by virtue of

such agreement, may, with the approval of the State in which the

regional disposal facility is located, be deemed to be in

compliance with subparagraphs (A), (B), (C), and (D).

(2) Penalties For Failure To Comply.-

(A) By July 1, 1986.-If any State fails to comply with

subparagraph (I)(A)-

(i) any generator of low-level radioactive waste within

such region or non-member State shall, for the period

beginning July 1, 1986, and ending December 31, 1986, be

charged 2 times the surcharge otherwise applicable under

subsection (d); and

(ii) on or after January 1, 1987, any low-level radioactive

waste generated within such region or non-member State may

be denied access to the regional disposal facilities referred to

in paragraphs (1) through (3) of subsection (b).

(B) By January 1, 1988.-If any non-sited compact region or

non-member State fails to comply with paragraph (i)(B)-

(i) any generator of low-level radioactive waste within

such region or non-member State shall-
Prohibition.

Termination.

Nevada.

South Carolina.

Washington.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 301

(1) for the period beginning January 1, 1988, and

ending June 30, 1988, be charged 2 times the surcharge

otherwise applicable under subsection (d); and

(11) for the period beginning July 1, 1988, and ending

December 31, 1988, be charged 4 times the surcharge

otherwise applicable under subsection (d); and

(ii) on or after January 1, 1989, any low-level radioactive

waste generated within such region or non-member State may

be denied access to the regional disposal facilities referred to

in paragraphs (1) through (3) of subsection (b).

(C) By January I, 1990.-If any non-sited compact region or

non-member State fails to comply with paragraph (1)(C), any

low-level radioactive waste generated within such region or nonmember State may be denied access to the regional disposal

facilities referred to in paragraphs (1) through (3) of subsection

(b).

(D) By January 1, 1992.-If any non-sited compact region or

non-member State fails to comply with paragraph (1)(D), any

generator of low-level radioactive waste within such region or

non-member State shall, for the period beginning January 1, 1992

and ending upon the filing of the application described in

paragraph (1)(D), be charged 3 times the surcharge otherwise

applicable under subsection (d).

(3) Denial Of Access.-No denial or suspension of access to a

regional disposal facility under paragraph (2) may be based on the

source, class, or type of low-level radioactive waste.

(4) Restoration Of Suspended Access; Penalties For Failure To

Comply.-Any access to a regional disposal facility that is suspended

under paragraph (2) shall be restored after the non-sited compact

region or non-member State involved complies with such

requirement. Any payment of surcharge penalties pursuant to

paragraph (2) for failure to comply with the requirements of

subsection (e) shall be terminated after the non-sited compact region

or non-member State involved complies with such requirements.

(f)(1) Administration.-Each State and compact commission in which

a regional disposal facility referred to in paragraphs (1) through (3) of

subsection (b) is located shall have authority-

(A) to monitor compliance with the limitations, allocations,

and requirements established in this section; and

(B) to deny access to any non-Federal low-level radioactive

waste disposal facilities within its borders to any low-level

radioactive waste that-

(i) is in excess of the limitations or allocations established

in this section; or

(ii) is not required to be accepted due to the failure of a

compact region or State to comply with the requirements of

subsection (e)( I).

(2) Availability Of Information During Interim Access Period.-

(A) The States of South Carolina, Washington, and Nevada

may require information from disposal facility operators,

generators, intermediate handlers, and the Department of Energy

that is reasonably necessary to monitor the availability of disposal

capacity, the use and assignment of allocations and the

applicability of surcharges.
302 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Nevada.

South Carolina.

Washington.

Commerce and

trade.

Government

organization

and employees.

Prohibition.

42 USC 2021f.

)eflense and

national

security.

Health.

Safety.

(B) The States of South Carolina, Washington, and Nevada

may, after written notice followed by a period of at least 30 days,

deny access to disposal capacity to any generator or intermediate

handler who fails to provide information under subparagraph (A).

(C) Proprietary Information.-

(i) Trade secrets, proprietary and other confidential

information shall be made available to a State under this

subsection upon request only if such State-

(I) consents in writing to restrict the dissemination of

the information to those who are directly involved in

monitoring under subparagraph (A) and who have a need

to know;

(II) accepts liability for wrongful disclosure; and

(1II) demonstrates that such information is essential to

such monitoring.

(ii) The United States shall not be liable for the wrongful

disclosure by any individual or State of any information

provided to such individual or State under this subsection.

(iii) Whenever any individual or State has obtained

possession of information under this subsection, the individual

shall be subject to the same provisions of law with respect to

the disclosure of such information as would apply to an officer

or employee of the United States or of any department or

agency thereof and the State shall be subject to the same

provisions of law with respect to the disclosure of such

information as would apply to the United States or any

department or agency thereof. No State or State officer or

employee who receives trade secrets, proprietary information,

or other confidential information under this Act may be

required to disclose such information under State law.

(g) Nondiscrimination.-Except as provided in subsections (b) through

(e), low-level radioactive waste disposed of under this section shall be

subject without discrimination to all applicable legal requirements of the

compact region and State in which the disposal facility is located as if

such low-level radioactive waste were generated within such compact

region.

See. 6. Emergency Access

(a) In General.-The Nuclear Regulatory Commission may grant

emergency access to any regional disposal facility or non-Federal

disposal facility within a State that is not a member of a compact for

specific low-level radioactive waste, if necessary to eliminate an

immediate and serious threat to the public health and safety or the

common defense and security. The procedure for granting emergency

access shall be as provided in this section.

(b) Request For Emergency Access.-Any generator of low-level

radioactive waste, or any Governor (or, for any State without a Governor,

the chief executive officer of the State) on behalf of any generator or

generators located in his or her State, may request that the Nuclear

Regulatory Commission grant emergency access to a regional disposal

facility or a non-Federal disposal facility within a State that is not a

member of a compact for specific low-level radioactive waste. Any such

request shall contain any information and certifications the Nuclear

Regulatory Commission may require.

Health. (c) Determination Of Nuclear Regulatory Commission.-
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 303

Defense and (1) Required Determination.-Not later than 45 days after

national receiving a request under subsection (b), the Nuclear Regulatory

security. Commission shall determine whetherSafety. (A) emergency access is necessary because of an immediate

and serious threat to the public health and safety or the common

defense and security; and

(B) The threat cannot be mitigated by any alternative

consistent with the public health and safety, including storage of

low-level radioactive waste at the site of generation or in a storage

facility obtaining access to a disposal facility by voluntary

agreement, purchasing disposal capacity available for assignment

pursuant to section 5(c) or ceasing activities that general low-level

radioactive waste.

(2) Required Notification.-If the Nuclear Regulatory

Commission makes the determinations required in paragraph (1) in

the affirmative, it shall designate an appropriate non-Federal disposal

facility or facilities, and notify the Governor (or chief executive

officer) of the State in which such facility is located and the

appropriate compact commission that emergency access is required.

Such notification shall specifically describe the low-level radioactive

waste as to source, physical and radiological characteristics, and the

minimum volume and duration, not exceeding 180 days, necessary to

alleviate the immediate threat to public health and safety or the

Prohibition. common defense and security. The Nuclear Regulatory Commission

shall also notify the Governor (or chief executive officer) of the State

in which the low-level radioactive waste requiring emergency access

was generated that emergency access has been granted and that,

pursuant to subsection (e), no extension of emergency access may be

granted absent diligent State action during the period of the initial

grant.

Defense and (d) Temporary Emergency Access.-Upon determining that

national emergency access is necessary because of an immediate and serious

security, threat to the public health and safety or the common defense and security,

I lealth. the Nuclear Regulatory Commission may at its discretion grant

Safety. temporary emergency access, pending its determination whether the

threat could be mitigated by any alternative consistent with the public

health and safety. In granting access under this subsection, the Nuclear

Regulatory Commission shall provide the same notification and

information required under sub-section (c). Absent a determination that

no alternative consistent with the public health and safety would mitigate

the threat, access granted under this subsection shall expire 45 days after

the granting of temporary emergency access under this subsection.

Defense and (e) Extension Of Emergency Access.-

national The Nuclear Regulatory Commission may grant one extension of

security, emergency access beyond the period provided in subsection (c), if it

Ilealth. determines that emergency access continues to be necessary because of

Safety. an immediate and serious threat to the public health and safety or the

common defense and security that cannot be mitigated by any alternative

consistent with the public health and safety, and that the generator of

low-level radioactive waste granted emergency access and the State in

which such low-level radioactive waste was generated have diligently

though unsuccessfully acted during the period of the initial grant to

eliminate the need for emergency access. Any extension granted under

this subsection shall be for the minimum volume and duration the

Nuclear Regulatory Commission finds necessary to eliminate the
304 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

immediate threat to public health and safety or the common defense and

security, and shall not in any event exceed 180 days.

(f) Reciprocal Access.-Any compact region or State not a member of

a compact that provides emergency access to non-Federal disposal

facilities within its borders shall be entitled to reciprocal access to any

subsequently operating non-Federal disposal facility that serves the State

or compact region in which low-level radioactive waste granted

emergency access was generated. The compact commission or State

having authority to approve importation of low-level radioactive waste to

the disposal facility to which emergency access was granted shall

designate for reciprocal access an equal volume of low-level radioactive

waste having similar characteristics to that provided emergency access.

(g) Approval By Compact Commission.-Any grant of access under

this section shall be submitted to the compact commission for the region

in which the designated disposal facility is located for such approval as

may be required under the terms of its compact. Any such compact

commission shall act to approve emergency access not later than 15 days

after receiving notification from the Nuclear Regulatory Commission, or

reciprocal access not later than 15 days after receiving notification from

the appropriate authority under subsection (0.

Prohibitions. (h) Limitations.-No State shall be required to provide emergency or

reciprocal access to any regional disposal facility within its borders for

low-level radioactive waste not meeting criteria established by the license

or license agreement of such facility, or in excess of the approved

capacity of such facility, or to delay the closing of any such facility

pursuant to plans established before receiving a request for emergency or

reciprocal access. No State shall, during any 12-month period, be

required to provide emergency or reciprocal access to any regional

disposal facility within its borders for more than 20 percent of the total

volume of low-level radioactive waste accepted for disposal at such

facility during the previous calendar year.

(i) Volume Reduction And Surcharges.-Any low-level

radioactive waste delivered for disposal under this section

shall be reduced in volume to the maximum extent practicable

and shall be subject to surcharges established in this Act.

j) Deduction From Allocation.-Any volume of low-level radioactive

waste granted emergency or reciprocal access under this section, if

generated by any commercial nuclear power reactor, shall be deducted

from the low-level radioactive waste volume allocable under section 5(c).

Prohibition. (k) Agreement States.-Any agreement under section 274 of the

Atomic Energy Act of 1954 (42 USC 2021) shall not be applicable to the

determinations of the Nuclear Regulatory Commission under this section.

42 USC 2021g. See. 7. Responsibilities Of The Department Of Energy

(a) Financial And Technical Assistance.-The Secretary shall, to the

extent provided in appropriations Act, provide to those compact regions,

host States, and nonmember States determined by the Secretary to require

assistance for purposes of carrying out this ActHealth. (1) continuing technical assistance to assist them in fulfilling their

Saltry. responsibilities under this Act. Such technical assistance shall

Science and include, but not be limited to, technical guidelines for site selection,

technology. alternative technologies for low-level radioactive waste disposal,

'Transportation. volume reduction options, management techniques to reduce lowlevel waste generation, transportation practices for shipment of lowlevel wastes, health and safety considerations in the storage, shipment

and disposal of low-level radioactive wastes, and establishment of a
Science and

technology.

Transportation.

42 USC 2021h.

42 USC 2021i.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 305

computerized database to monitor the management of low-level

radioactive wastes; and

(2) through the end of fiscal year 1993, financial assistance to

assist them in fulfilling their responsibilities under this Act.

(b) Reports.-The Secretary shall prepare and submit to the Congress

on an annual basis a report which (1) summarizes the progress of lowlevel waste disposal siting and licensing activities within each compact

region, (2) reviews the available volume reduction technologies, their

applications, effectiveness, and costs on a per unit volume basis, (3)

reviews interim storage facility requirements, costs, and usage, (4)

summarizes transportation requirements for such wastes on an inter- and

intra-regional basis, (5) summarizes the data on the total amount of lowlevel waste shipped for disposal on a yearly basis, the proportion of such

wastes subjected to volume reduction, the, average volume reduction

attained, and the proportion of wastes stored on an interim basis, and (6)

projects the interim storage and final disposal volume requirements

anticipated for the following year, on a regional basis.

Sec. 8. Alternative Disposal Methods

(a) Not later than 12 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the Nuclear

Regulatory Commission shall, in consultation with the States and other

interested persons, identify methods for the disposal of low-level

radioactive waste other than shallow land burial, and establish and

publish technical guidance regarding licensing of facilities that use such

methods.

(b) Not later than 24 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the

Commission shall, in consultation with the States and other interested

persons, identify and publish all relevant technical information regarding

the methods identified pursuant to subsection (a) that a State or compact

must provide to the Commission in order to pursue such methods,

together with the technical requirements that such facilities must meet, in

the judgment of the Commission, if pursued as an alternative to shallow

land burial. Such technical information and requirements shall include,

but need not be limited to, site suitability, site design, facility operation,

disposal site closure, and environmental monitoring, as necessary to meet

the performance objectives established by the Commission for a licensed

low-level radioactive waste disposal facility. The Commission shall

specify and publish such requirements in a manner and form deemed

appropriate by the Commission.

See. 9. Licensing Review And Approval

In order to ensure the timely development of new low-level

radioactive waste disposal facilities, the Nuclear Regulatory Commission

or, as appropriate, agreement States, shall consider an application for a

disposal facility license in accordance with the laws applicable to such

application, except that the Commission and the agreement state shall-

(1) not later than 12 months after the date of enactment of the

Low-Level Radioactive Waste Policy Amendments Act of 1985,

establish procedures and develop the technical capability for

processing applications for such licenses;

(2) to the extent practicable, complete all activities associated

with the review and processing of any application for such a license

(except for public hearings) no later than 15 months after the date of

receipt of such application; and
306 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(3) to the extent practicable, consolidate all required technical and

environmental reviews and public hearings.

42 USC 202 1j. Sec. 10. Radioactive Waste Below Regulatory Concern

(a) Not later than 6 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the

Commission shall establish standards and procedures, pursuant to

existing authority, and develop the technical capability for considering

and acting upon petitions to exempt specific radioactive waste streams

from regulation by the Commission due to the presence of radionuclides

in such waste streams in sufficiently low concentrations or quantities as

to be below regulatory concern.

(b) The standards and procedures established by the Commission

pursuant to subsection (a) shall set forth all information required to be

submitted to the Commission by licensees in support of such petitions,

including, but not limited to-

(I) a detailed description of the waste materials, including their

origin, chemical composition, physical state, volume, and mass; and

Health. (2) The concentration or contamination levels, half-lives, and

Safety. identities of the radionuclides present.

Regulation. Such standards and procedures shall provide that, upon receipt of a

petition to exempt a specific radioactive waste stream from regulation by

the Commission, the Commission shall determine in an expeditious

manner whether the concentration or quantity of radionuclides present in

such waste stream requires regulation by the Commission in order to

protect the public health and safety. Where the Commission determines

that regulation of a radioactive waste stream is not necessary to protect

the public health and safety, the Commission shall take such steps as may

be necessary, in an expeditious manner, to exempt the disposal of such

radioactive waste from regulation by the Commission.

B. LOW-LEVEL RADIOACTIVE WASTE POLICY

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

CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKY MOUNTAIN,

NE INTERSTATE COMPACTS)

Title II-Omnibus Low-Level Radioactive Waste

Interstate Compact Consent Act

42 USC 2021d Sec. 201. Short Title

note. This Title may be cited as the "Omnibus Low-Level Radioactive

Waste Interstate Compact Consent Act."

42 USC 2021d

note.

42 USC 2021d

note.

Effective date.

Subtitle A-General Provisions

Sec. 211. Congressional Finding

The Congress hereby finds that each of the compacts set forth in

subtitle B is in furtherance of the Low-Level Radioactive Waste Policy

Act.

Sec. 212. Conditions Of Consent To Compacts

The consent of the Congress to each of the compacts set forth in

subtitle B-

(1) shall become effective on the date of the enactment of this

Act;

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act, as amended; and
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 307

(3) is granted only for so long as the regional commission,

committee, or board established in the compact complies with all of

the provisions of such Act.

Sec. 213. Congressional Review

The Congress may alter, amend, or repeal this Act with respect to any

compact set forth in subtitle B after the expiration of the I 0-year period

following the date of the enactment of this Act, and at such intervals

thereafter as may be provided in such compact.

42 USC 2021d

note.

Subtitle B-Congressional Consent To Compacts

42 LlSC 2021d

note.

Alaska.

Hawaii.

Idaho.

Montana.

Oregon.

Utah.

Washington.

Wyoming.

Health.

Safelty.

Sec. 221. Northwest Interstate Compact On Low-Level Radioactive

Waste Management

The Consent of Congress is hereby given to the states of Alaska,

Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to

enter into the Northwest Interstate Compact on Low-level Radioactive

Waste Management, and to each and every part and article thereof. Such

compact reads substantially as follows:

Northwest Interstate Comppact On Low-Level Radioactive

Waste Management

Article I-Policy And Purpose

The party states recognize that low-level radioactive wastes are

generated by essential activities and services that benefit the citizens of

the states. It is further recognized that the protection of the health and

safety of the citizens of the party states and the most economical

management of low-level radioactive wastes can be accomplished

through cooperation of the states in minimizing the amount of handling

and transportation required to dispose of such wastes and through the

cooperation of the states in providing facilities that serve the region. It is

the policy of the party states to undertake the necessary cooperation to

protect the health and safety of the citizens of the party states and to

provide for the most economical management of low-level radioactive

wastes on a continuing basis. It is the purpose of this compact to provide

the means for such a cooperative effort among the party states so that the

protection of the citizens of the states and the maintenance of the

viability of the states' economies will be enhanced while sharing the

responsibilities of radioactive low-level waste management.

Article II-Definitions

As used in this compact:

(I) "Facility" means any site, location, structure, or property used

or to be used for the storage, treatment, or disposal of low-level

waste, excluding federal waste facilities;

(2) "Low-level waste" means waste material which contains

radioactive nuclides emitting primarily beta or gamma radiation, or

both, in concentrations or quantities which exceed applicable federal

or state standards for unrestricted release. Low-level waste does not

include waste containing more than ten (10) nanocuries of transuranic

contaminants per gram of material, nor spent reactor fuel, nor

material classified as either high-level waste or waste which is

unsuited for disposal by near-surface burial under any applicable

federal regulations;
308 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(3) "Generator" means any person, partnership, association,

corporation, or any other entity whatsoever which, as a part of its

activities, produces low-level radioactive waste;

(4) "Host state" means a state in which a facility is located.

Article Ill-Regulatory Practices

Transportation. Each party state hereby agrees to adopt practices which will require

low-level waste shipments originating within its borders and destined for

a facility within another party state to conform to the applicable

packaging and transportation requirements and regulations of the host

state. Such practices shall include:

(1) Maintaining an inventory of all generators within the state that

have shipped or expect to ship low-level waste to facilities in another

party state;

(2) Periodic unannounced inspection of the premises of such

generators and the waste management activities thereon;

(3) Authorization of the containers in which such waste may be

shipped, and a requirement that generators use only that type of

container authorized by the state;

(4) Assurance that inspections of the carriers which transport such

waste are conducted by proper authorities, and appropriate

enforcement action taken for violations;

Transportation. (5) After receiving notification from a host state that a generator

within the party state is in violation of applicable packaging or

transportation standards, the party state will take appropriate action to

assure that such violations do not recur. Such action may include

inspection of every individual low-level waste shipment by that

generator.

Each party state may impose fees upon generators and shippers to

recover the cost of the inspections and other practices under this article.

Nothing in this article shall be construed to limit any party state's

authority to impose additional or more stringent standards on generators

or carriers than those required under this article.

Article IV-Regional Facilities

(1) Facilities located in any party state, other than facilities

established or maintained by individual low-level waste generators for

the management of their own low-level waste, shall accept low-level

waste generated in any party state if such waste has been packaged and

transported according to applicable laws and regulations.

(2) No facility located in any party state may accept low-level waste

generated outside of the region comprised of the party states, except as

provided in article V.

(3) Until such time as paragraph (2) of article IV takes effect,

facilities located in any party state may accept low-level waste generated

outside of any of the party states only if such waste is accompanied by a

certificate of compliance issued by an official of the state in which such

waste shipment originated. Such certificate shall be in such form as may

be required by the host state, and shall contain at least the following:

(A) The generator's name and address;

(B) A description of the contents of the low-level waste container.

Regulations. (C) A statement that the low-level waste being shipped has been

inspected by the official who issued the certificate or by his agent or

by a representative of the United States Nuclear Regulatory

Commission, and found to have been packaged in compliance with
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 309

applicable Federal regulations and such additional requirements as

may be imposed by the host state;

(D) A binding agreement by the state of origin to reimburse any

party state for any liability or expense incurred as a result of an

accidental release of such waste during shipment or after such waste

reaches the facility.

Health. (4) Each party state shall cooperate with the other party states in

Safety. determining the appropriate site of any facility that might be required

within the region comprised of the party states, in order to maximize

public health and safety while minimizing the use of any one (1) party

state as the host of such facilities on a permanent basis. Each party state

further agrees that decisions regarding low-level waste management

facilities in their region will be reached through a good faith process

which takes into account the burdens borne by each of the party states as

well as the benefits each has received.

Hazardous (5) The party states recognize that the issue of hazardous chemical

materials, waste management is similar in many respects to that of low-level waste

Idaho. management. Therefore, in consideration of the State of Washington

Oregon. allowing access to its low-level waste disposal facility by generators in

Prohibition. other party states, party states such as Oregon and Idaho which host

Washington. hazardous chemical waste disposal facilities will allow access to such

facilities by generators within other party states. Nothing in this compact

shall be construed to prevent any party state from limiting the nature and

type of hazardous chemical or low-level wastes to be accepted at

facilities within its borders of from ordering the closure of such facilities,

so long as such action by a host state is applied equally to all generators

within the region comprised of the party states.

(6) Any host state may establish a schedule of fees and requirements

related to its facility, to assure that closure, perpetual care, and

maintenance and contingency requirements are met, including adequate

bonding.

Article V-Northwest Low-Level Waste Compact Committee

The governor of each party state shall designate one (1) official of

that state as the person responsible for administration of this compact.

The officials so designated shall together comprise the northwest lowlevel waste compact committee. The committee shall meet as required to

consider matters arising under this compact. The parties shall inform the

Regulations. committee of existing regulations concerning low-level waste

management in their states, and shall afford all parties a reasonable

opportunity to review and comment upon any proposed modification in

such regulations. Notwithstanding any provision of article IV to the

contrary, the committee may enter into arrangements with states,

provinces, individual generators, or regional compact entities outside the

region comprised of the party states for access to facilities on such terms

and conditions as the committee may deem appropriate. However, it

shall require a two-thirds (2/3) vote of all such members, including the

affirmative vote of the member of any party state in which a facility

affected by such arrangement is located, for the committee to enter into

such arrangement.
310 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Article VI-Eligible Parties And Effective Date

Alaska. Hawaii. (1) Each of the following states is eligible to become a party to this

Idaho. Montana. compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington,

Oregon. Utah. and Wyoming. As to any eligible party, this compact shall become

Washington. effective upon enactment into law by that party, but it shall not become

initially effective until enacted into law by two (2) states. Any party state

may withdraw from this compact by enacting a statute repealing its

approval.

Effective date, (2) After the compact has initially taken effect pursuant to paragraph

Wyoming. (I) of this article, any eligible party state may become a party to this

compact by the execution of an executive order by the governor of the

state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of

its legislature or July I, 1983, whichever occurs first, unless the compact

has by then been enacted as a statute by that state.

42 UJSC 2021b (3) Paragraph (2) of article IV of this compact shall take effect on note. July 1, 1983, if consent is given by Congress. As provided in Public Law

Et'ibctive date. 96-573, Congress may withdraw its consent to the compact after every

five (5) year period.

Provisions held

invalid.

42 USC 2021d

note.

Arkansas.

Iowa. Kansas.

Louisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

42 USC 2021b

note.

Environmental

protection.

Health.

Safety.

Article ViJ-Severability

If any provision of this compact, or its application to any person or

circumstances, is held to be invalid, all other provisions of this compact,

and the application of all of its provisions to all other persons and

circumstances, shall remain valid; and to this end the provisions of this

compact are severable.

See. 222. Central Interstate Low-Level Radioactive Waste Compact

The consent of Congress is hereby given to the states of Arkansas,

Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota,

and Oklahoma to enter into the Central Interstate Low-Level Radioactive

Waste Compact, and to each and every part and article thereof. Such

compact reads substantially as follows:

Central Interstate Low-Level Radioactive Waste Compact

Article I-Policy And Purpose

The party states recognize that each state is responsible for the

management of its non-federal low-level radioactive wastes. They also

recognize that the Congress, by enacting the Low-Level Radioactive

Waste Policy Act (Public Law 96-573) has authorized and encouraged

states to enter into compacts for the efficient management of wastes. It is

the policy of the party states to cooperate in the protection of the health,

safety and welfare of their citizens and the environment and to provide

for and encourage the economical management of low-level radioactive

wastes. It is the purpose of this compact to provide the framework for

such a cooperative effort; to promote the health, safety and welfare of the

citizens and the environment of the region; to limit the number of

facilities needed to effectively and efficiently manage low-level

radioactive wastes and to encourage the reduction of the generation

thereof, and to distribute the costs, benefits and obligations among the

party states.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 311

Article 1l-Definitions

As used in this compact, unless the context clearly requires a different

construction:

a. "Commission" means the Central Interstate Low-Level. Radioactive

Waste Commission;

b. "disposal" means the isolation and final disposition of waste;

c. "extended care" means the care of a regional facility including

necessary corrective measures subsequent to its active use for waste

management until such time as the regional facility no longer poses a

threat to the environment or public health;

d. "facility" means any site, location, structure or property used or to

be used for the management of waste; e. "generator" means any person who, in the course of or as incident

to manufacturing, power generation, processing, medical diagnosis and

treatment, biomedical research, other industrial or commercial activity,

other research or mining in a party state, produces or processes waste.

"Generator" does not include any person who receives waste generated

outside the region for subsequent shipment to a regional facility;

f. "host state" means any party state in which a regional facility is

situated or is being developed;

g. "low-level radioactive waste" or "waste" means, as defined in the

42 USC 202 1b Low-Level Radioactive Waste Policy Act (Public Law 96-573),

note. radioactive waste not classified as: High-level radioactive waste,

transuranic waste, spent nuclear fuel, or by-product material as defined in

section 1 le.(2) of the Atomic Energy Act of 1954, as amended through

42 USC 2014. 1978.

h. "management of waste" means the storage, treatment or disposal of

waste;

i. "notification of each party state" means transmittal of written notice

to the Governor, presiding officer of each legislative body and any other

persons designated by the party state's Commission member to receive

such notice;

j. "party state" means any state which is a signatory party to this

compact;

k. "person" means any individual, corporation, business enterprise, or

other legal entity, either public or private;

I. "region" means the area of the party states; m. "regional facility" means a facility which is located within the

region and which has been approved by the Commission for the benefit

of the party States;

n. "site" means any property which is owned or leased by a generator

and is contiguous to or divided only by a public or private way from the source of generation;

o. "state" means a state of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the U.S. Virgin Islands or any other

territorial possession of the United States;

p. "storage" means the holding of waste for treatment or disposal; and

q. "treatment" means any method, technique or process, including

storage for radioactive decay, designed to change the physical, chemical

or biological characteristics or composition of any waste in order to

render such waste after for transport or management, amendable for

recovery, convertible to another usable material, or reduced in volume.
312 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Article IlI-Rights And Obligations

a. There shall be provided within the region one or more regional

facilities which together provide sufficient capacity to manage all wastes

generated within the region. It shall be the duty of regional facilities to

accept compatible wastes generated in and from party states, and meeting

the requirements of this Act, and each party state shall have the right to

have the wastes generated within its borders managed at such facility.

Regulation. b. To the extent authorized by Federal law and host State law, a host

state shall regulate and license any regional facility within its borders and

ensure the extended care of such facility.

c. Rates shall be charged to any user of the regional facility, set by

the operator of a regional facility and shall be fair and reasonable and be

subject to the approval of the host state. Such approval shall be based

upon criteria established by the Commission.

d. A host state may establish fees which shall be charged to any user of a regional facility and which shall be in addition to the rates approved

pursuant to section c. of this Article, for any regional facility within its

borders. Such fees shall be reasonable and shall provide the host state

with sufficient revenue to cover any costs associated with such facilities.

If such fees have been reviewed and approved by the Commission and to

the extent that such revenue is insufficient, all party states shall share the

costs in a manner to be determined by the Commission.

Regulation. e. To the extent authorized by Federal law, each party state is

Transportation. responsible for enforcing any applicable Federal and state laws and

regulations pertaining to the packaging and transportation of waste

generated within or passing through its borders and shall adopt practices

that will ensure that waste shipments originating within its borders and

destined for a regional facility will conform to applicable packaging and

transportation laws and regulations.

f. Each party state has the right to rely on the good faith performance

of each other party state.

g. Unless authorized by the Commission, it shall be unlawful after

January I, 1986, for any person:

I. to deposit at a regional facility, waste not generated within

the region;

2. to accept, at a regional facility, waste not generated within

the region;

Expoils. 3. to export from the region, waste which is generated within

the region; and

4. to transport waste from the site at Which it is generated,

except to a regional facility.

Article IV-The Commission

Central a. There is hereby established the Central Interstate Low-Level

Interstate Low- Radioactive Waste Commission. The Commission shall consist of one

Level voting member from each party state to be appointed according to the

Radioactive laws of each state. The appointing authority of each party state shall

Waste notify the Commission in writing of the identity of its member and any

Commission, alternates. An alternate may act on behalf of the member only in the

establishment, absence of such member. Each state is responsible for the expenses of its

member of the Commission.

b. Each Commission member shall be entitled to one vote. Unless

otherwise provided herein, no action of the Commission shall be bonding

unless a majority of the total membership casts its vote in the affirmative.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 313

c. The Commission shall elect from among its membership a

chairman. The Commission shall adopt and publish, in convenient form,

by-laws and policies which are not inconsistent with this compact.

d. The Commission shall meet at least once a year and shall also

meet upon the call of the chairman, by petition of a majority of the

membership or upon the call of a host state member.

e. The Commission may initiate any proceedings or appear as an

intervenor or party in interest before any court of law, or any Federal,

state or local agency, board or Commission that has jurisdiction over any

matter arising under or relating to the terms of the provisions of this

compact. The Commission shall determine in which proceedings it shall

intervene or otherwise appear and may arrange for such expert testimony,

reports, evidence or other participation in such proceedings as may be

necessary to represent its views.

f. The Commission may establish such committees as it deems

necessary for the purpose of advising the Commission on any and all

matters pertaining to the management of waste.

Contracts. g. The Commission may employ and compensate a staff limited only

to those persons necessary to carry out its duties and functions. The

Commission may also contract with and designate any person to perform

necessary functions to assist the Commission. Unless otherwise required

by the acceptance of a Federal grant, the staff shall serve at the

Commission's pleasure irrespective of the civil service, personnel or other merit laws of any of the party states or the Federal government and

shall be compensated from funds of the Commission.

h. Funding for the Commission shall be as follows:

1. The Commission shall set and approve its first annual budget

as soon as practicable after its initial meeting. Party states shall

equally contribute to the Commission budget on an annual basis, an

amount not to exceed $25,000 until surcharges are available for that

purpose. Host states shall begin imposition of the surcharges

provided for in this section as soon as practicable and shall remit to

the Commission funds resulting from collection of such surcharges

within 60 days of their receipt; and

2. Each state hosting a regional facility shall annually levy

surcharges on all users of such facilities, based on the volume and

characteristics of wastes received at such facilities, the total of which:

(A) Shall be sufficient to cover the annual budget of the

Commission; and

(B) shall be paid to the Commission, provided, however, that

each host state collecting such surcharges may retain a portion of

the collection sufficient to cover the administrative costs of

collection, and that the remainder be sufficient only to cover the

approved annual budget of the Commission.

Audit. i. The Commission shall keep accurate accounts of all receipts and

Report. disbursements. An independent certified public account shall

annually audit all receipts and disbursements of Commission funds

and submit an audit report to the Commission. Such audit report shall

Grants. be made a part of the annual report of the Commission required by

this Article.

j. The Commission may accept for any of its purposes and

functions any and all donations, grants of money, equipment, supplies,

materials and services, conditional or otherwise from any person and may

receive, utilize and dispose of same, attendant upon any donation or grant

accepted pursuant to this section, together with the identity of the donor,
314 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Reports. grantor or lender, shall be detailed in the annual report of the

Commission.

k. (1) Except as otherwise provided herein, nothing in this

Prohibition. compact shall be construed to alter the incidence of liability of any

kind for any act, omission, course of conduct, or on account of any

casual or other relationships. Generators, transporters of waste,

owners and operators of facilities shall be liable for their acts,

omissions, conduct or relationships in accordance with all laws

relating thereto.

Prohibitions. (2) The Commission herein established is a legal entity separate

and distinct from the party states and shall be so liable for its actions.

Liabilities of the Commission shall not be deemed liabilities of the

party states, Members of the Commission shall not be personally

liable for actions taken by them in their official capacity.

I. Any person or party state aggrieved by a final decision of the

Commission may obtain judicial review of such decisions in the

United States District Court in the District wherein the Commission

maintains its headquarters by filing in such court a petition for review

within 60 days after the Commission's final decision. Proceedings

thereafter shall be in accordance with the rules of procedure

applicable in such court.

m. The Commission shall:

I. Receive and approve the application of a non-party state to

become a party state in accordance with Article VII;

Report. 2. submit an annual report, and otherwise communicate with, the

Governors and the presiding officers of the legislative bodies of the

party states regarding the activities of the Commission;

3. hear and negotiate disputes which may arise between the party

states regarding this compact;

4. require of and obtain from the party states, and non-party states

seeking to become party states, data and information necessary to the

implementation of Commission and party states' responsibilities;

5. approve the development and operation of regional facilities in

accordance with Article V;

Contracts. 6. notwithstanding any other provision of this compact, have the

Exports. authority to enter into agreements with any person for the importation

Imports. of waste into the region and for the right of access to facilities outside

the region for waste generated within the region. Such authorization

to import or export waste requires the approval of the Commission,

including the affirmative vote of any host state which may be

affected;

7. revoke the membership of a party state in accordance with

Articles V and VII;

8. require all party states and other persons to perform their duties

and obligations arising under this compact by an appropriate action in

any forum designated in section e. of Article IV; and

9. take such action as may be necessary to perform its duties and

functions as provided in this compact.

Article V-Development And Operation Of

Regional Facilities a. Following the collection of sufficient data and information from

the states, the Commission shall allow each party state the opportunity to

volunteer as a host for a regional facility.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 315

b, If no state volunteers or if no proposal identified by a volunteer

state is deemed acceptable by the Commission, based on the criteria in

section c. of this Article, then the Commission shall publicly seek

applicants for the development and operation of regional facilities.

c. The Commission shall review and consider each applicant's

proposal based upon the following criteria:

I. The capability of the applicant to obtain a license from the

applicable authority;

2. the economic efficiency of each proposed regional facility,

including the total estimated disposal and treatment costs per cubic

foot of waste;

3. financial assurances;

4. accessibility to all party states; and

HIealth. 5. such other criteria as shall be determined by the Commission

Satfty. to be necessary for the selection of the best proposal, based on the

health, safety and welfare of the citizens in the region and the party

states.

d. The Commission shall make a preliminary selection of the

proposal or proposals considered most likely to meet the criteria

enumerated in section c. and the needs of the region.

e. Following notification of each party state of the results of the

preliminary selection process, the Commission shall:

1. Authorize any person whose proposal has been selected to

pursue licensure of the regional facility or facilities in accordance

with the proposal originally submitted to the Commission or as

modified with the approval of the Commission; and

2. require the appropriate state or states or the U.S. Nuclear

Regulatory Commission to process all applications for permits and

licenses required for the development and operation of any regional

facility or facilities within a reasonable period from the time that a

completed application is submitted.

f. The preliminary selection or selections made by the Commission

pursuant to this Article shall become final and receive the Commission's

approval as a regional facility upon the issuance of license by the

licensing authority. If a proposed regional facility fails to become

licensed, the Commission shall make another selection pursuant to the

procedures identified in this Article.

g. The Commission may, by two-thirds affirmative vote of its

membership, revoke the membership of any party state which, after

notice and hearing, shall be found to have arbitrarily or capriciously

denied or delayed the issuance of a license or permit to any person

authorized by the Commission to apply for such license or permit.

Revocation shall be in the same manner as provided for in section e. of

Article VII.

Article VI-Other Laws And Regulations

Prohibition. a. Nothing in this compact shall be construed to:

I. Abrogate or limit the applicability of any act of Congress or

diminish or otherwise impair the jurisdiction of any Federal agency

expressly conferred thereon by the Congress;

2. prevent the application of any law which is not otherwise

inconsistent with this compact;

3. prohibit or otherwise restrict the management and waste on the

site where it is generated if such is otherwise lawful;
316 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

4. affect any judicial or administrative proceeding pending on the

effective date of this compact;

5. alter the relations between, and the respective internal

responsibilities of, the government of a party state and its

subdivisions; and

Research and 6. affect the generation or management of waste generated by the

development. Federal government or federal research and development activities.

Prohibition. b. No party state shall pass or enforce any law or regulation which is

inconsistent with this compact.

Regulations. c. All laws and regulations or parts thereof of any party state which

are inconsistent with this compact are hereby declared null and void for

purposes of this compact. Any legal right, obligation, violation or penalty

arising under such laws or regulations prior to enactment of this compact

shall not be affected.

Prohibition. d. No law or regulation of a party state or of any subdivision or

Regulations. instrumentality thereof may be applied so as to restrict or make more

costly or inconvenient access to any regional facility by the generators of

another party state than for the generators of the state where the facility is

situated.

Article VII-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

Arkansas. a. This compact shall have as initially eligible parties the states of

Iowa. Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska,

Kansas. North Dakota and Oklahoma. Such initial eligibility shall terminate on Louisiana. January I, 1984.

Minnesota. b. Any state may petition the Commission for eligibility. A

Missouri. petitioning state shall become eligible for membership in the compact

Nebraska. upon the unanimous approval of the Commission.

North Dakota. c. An eligible state shall become a member of the compact and shall

Oklahoma. be bound by it after such state has enacted the compact into law. In no

Prohibition. event shall the compact take effect in any state until it has been entered

into force as provided for in section f. of this Article.

Effective date. d. Any party state may withdraw from this compact by enacting a Prohibition. statute repeating the same. Unless permitted earlier by unanimous

approval of the Commission, such withdrawal shall take effect five-years

after the Governor of the withdrawing state has given notice in writing of

such withdrawal to each Governor of the party states. No withdrawal

shall affect any liability already incurred by or chargeable to a party state

prior to the time of such withdrawal.

e. Any party state which fails to comply with the terms of this

compact or fulfill its obligations hereunder may, after notice and hearing

have its privileges suspended or its membership in the compact revoked

Effective date. by the Commission. Revocation shall take effect one year from the date

such party state receives written notice from the Commission of its

action. The Commission may require such party state to pay to the

Commission, for a period not to exceed five years from the date of notice

of revocation, an amount determined by the Commission based on the

anticipated fees which the generators of such party state would have paid

to each regional facility and an amount equal to that which such party

state would have contributed in accordance with section d. of Article 111,

in the event of insufficient revenues. The Commission shall use such

funds to ensure the continued availability of safe and economical waste

management facilities for all remaining party states. Such state shall also

pay an amount equal to that which such party state would have
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 317

contributed to the annual budget of the Commission if such party state

would have remained a member of the compact. All legal rights

established under this compact of any party state which has its

membership revoked shall cease upon the effective date of revocation;

however, any legal obligations of such party state arising prior to the

effective date of revocation shall not cease until they have been fulfilled.

Written notice of revocation of any state's membership in the company

shall be transmitted immediately following the vote of the Commission,

by the chairman, to the Governor of the affected party state, all other

Governors of the party states and the Congress of the United States.

f. This compact shall become effective after enactment by a least

three eligible states and after consent has been given to it by the

Congress. The Congress shall have the opportunity to withdraw such

consent every five-years. Failure of the Congress to withdraw its consent

affirmatively shall have the effect of renewing consent for an additional

five-year period. The consent given to this compact by the Congress shall

extend to any future admittance of new party states under sections b. and

c. of this Article and to the power to ban the exportation of waste

pursuant to Article Ill.

Prohibition. g. The withdrawal of a party state from this compact under section d.

of this Article or the revocation of a state's membership in this compact

under section 3. of this Article shall not affect the applicability of this

compact to the remaining party states.

Termnination. h. This compact shall be terminated when all party states have

withdrawn pursuant to section d. of this Article.

Article ViII-Penalties

a. Each party state, consistent with its own law, shall prescribe and

enforce penalties against any person for violation of any provision of this

compact. Regulations. b. Each party state acknowledges that the receipt by a regional facility

of waste packaged or transported in violation of applicable laws and

regulations can result in sanctions which may include suspension or

revocation of the violator's right of access to the regional facility.

Article IX-Severability And Construction

The provisions of this compact shall be severable and if any phrase,

clause, sentence or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution of any

participating state or of the United States or the applicability thereof to

any government, agency, person or circumstances is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person or circumstance shall not be affected

thereby. If any provision of this compact shall be held contrary to the

Constitution of any state participating therein, the compact shall remain

in full force and effect as to the state affected as to all severable matters.

The provisions of this compact shall be liberally construed to give effect

to the purpose thereof,
318 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

42 USC 2021d Sec. 223. Southeast Interstate Low-Level Radioactive Waste

note. Management Compact

Alabama. In accordance with section 4(a)(2) of the Low-Level Radioactive

Florida. Waste Policy Act (42 USC 202ld(a)(2), the consent of the Congress is

Georgia. hereby given to the States of Alabama, Florida, Georgia, Mississippi,

Mississippi. North Carolina, South Carolina, Tennessee, and Virginia to enter into the

North Carolina. Southeast Interstate Low-Level Radioactive Waste Management

South Carolina. Compact. Such compact is substantially as follows:

Tenncssee.

Virginia. Southeast Interstate Low-Level Radioactive Waste

Management Compact

Article I-Policy And Purpose

Research and There is hereby created the Southeast Interstate Low-Level

development. Radioactive Waste Management Compact. The party states recognize

and declare that each state is responsible for providing for the availability

of capacity either within or outside the State for disposal of low-level

radioactive waste generated within its borders, except for waste

generated as a result of defense activities of the federal government or

federal research and development activities. They also recognize that the

management of low-level radioactive waste is handled most efficiently

on a regional basis. The party states. further recognize that the Congress

42 USC 2021b of the United States, by enacting the Low-Level Radioactive Waste

note. Policy Act (Public Law 96-573), has provided for encouraged the

development of low level radioactive waste compacts as a tool for

disposal of such waste. The party states recognize that the safe and

efficient management of low-level radioactive waste generated within the

region requires that sufficient capacity to dispose of such waste be

properly provided.

It is the policy of the party states to: enter into a regional low-level

radioactive waste management compact for the purpose of providing the

instrument and framework for a cooperative effort; provide sufficient

facilities for the proper management of low-level radioactive waste

generated in the region; promote the health and safety of the region; limit

the number of facilities required to effectively and efficiently manage

low-level radioactive waste generated in the region; encourage the

reduction of the amounts of low-level waste generated in the region;

distribute the costs, benefits, and obligations of successful low-level

radioactive waste management equitably among the party states; and

ensure the ecological and economical management of low-level

radioactive wastes.

Regulations. Implicit in the Congressional consent to this compact is the

expectation by Congress and the party states that the appropriate federal

agencies will actively assist the Compact Commission and the individual

party states to this compact by:

I. expeditious enforcement of federal rules, regulations, and laws;

2. imposing sanctions against those found to be in violation of

federal rules, regulations, and laws;

3. timely inspection of their licensees to determine their

capability to adhere to such rules, regulations, and laws;

42 USC 202 1b 4. timely provision of technical assistance to this compact in

notc. carrying out their obligations under the Low-Level Radioactive

Waste Policy Act, as amended.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 319

Article 11-Definitions

As used in this compact, unless the context clearly requires a different

construction:

I. "Commission" or "Compact Commission" means the

Southeast Interstate Low-Level Radioactive Waste Management

Commission.

2. "Facility" means a parcel of land, together with the structure,

equipment, and improvements thereon or appurtenant thereto, which

is used or is being developed for the treatment, storage, or disposal of

low-level radioactive waste.

3. "Generator" means any person who produces or processes lowlevel radioactive waste in the course of, or as an incident to,

manufacturing, power generation, processing, medical diagnosis and

treatment, research, or other industrial or commercial activity. This

does not include persons who provide a service to generators by

arranging for the collection, transportation, storage, or disposal of

wastes with respect to such waste generated outside the region.

4. "High-level waste" means irradiated reactor fuel, liquid wastes

from reprocessing irradiated reactor fuel, and solids into which such

liquid wastes have been converted, and other high-level radioactive

waste as defined by the U.S. Nuclear Regulatory Commission.

5. "Host state" means any state in which a regional facility is

situated or is being developed.

42 USC 2014. 6. "Low-level radioactive waste" or "waste" means radioactive

waste not classified as high-level radioactive waste, transuranic

waste, spent nuclear fuel, or by-product material as defined in section

I le(2) of the Atomic Energy Act of 1954, or as may be further

defined by Federal law or regulation.

7. "Party state" means any state which is a signatory party to this

compact.

8. "Person" means any individual, corporation, business

enterprise, or other legal entity (either public or private).

9. "Region ' means the collective party states.

10. 'Regional facility" means (1) a facility as defined in this

article which has been designated, authorized, accepted, or approved

by the Commission to receive waste or (2) the disposal facility in

Barnwell County, South Carolina, owned by the State of South

Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a

regional facility beyond December 31, 1992.

11. "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any other territorial possession of the United States.

42 USC 2021. 12. "Transuranic wastes" means waste material containing

transuranic elements with contamination levels as determined by the

regulations of(l) the U.S. Nuclear Regulatory Commission or (2) any

host state, if it is an agreement state under section 274 of the Atomic

Energy Act of 1954.

13. "Waste management" means the storage, treatment, or disposal of waste.

Article 11-Rights And Obligations

Prohibition. The rights granted to the party states by this compact are additional to

the rights enjoyed by sovereign states, and nothing in this compact shall

be construed to infringe upon, limit, or abridge those rights.
Regulations,

Transportation.

Southeast

Interstate LowLevel

Radioactive

Waste

Management

Commission,

establishment.

320 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(A) Subject to any license issued by the U.S. Nuclear Regulatory

Commission or a host state, each party state shall have the right to

have all wastes generated within its borders stored, treated, or

disposed of, as applicable, at regional facilities and, additionally, shall

have the right of access to facilities made available to the region

through agreements entered into by the Commission pursuant to

Article 4(e)(9). The right of access by a generator within a party state

to any regional facility is limited by its adherence to applicable state

and federal law and regulation.

(B) If no operating regional facility is located within the borders

of a party state and the waste generated within its borders must

therefore be stored, treated, or disposed of at a regional facility in

another party state, the party state without such facilities may be

required by the host state or states to establish a mechanism which

provides compensation for access to the regional facility according to

terms and conditions established by the host state or states and

approved by a two-thirds vote of the Commission.

(C) Each party state must establish the capability to regulate,

license, and ensure the maintenance and extended care of any facility

within its borders. Host states are responsible for the availability, the

subsequent post-closure observation and maintenance, and the

extended institutional control of their regional facilities in accordance

with the provisions of Article 5, section (b).

(D) Each party state must establish the capability to enforce any

applicable federal or state laws and regulations pertaining to the

packaging and transportation of waste generated within or passing

through its borders.

(E) Each party state must provide to the Commission on an

annual basis any data and information necessary to the

implementation of the Commission's responsibilities. Each party state

shall establish the capability to obtain any data and information

necessary to meet its obligation.

(F) Each party state must, to the extent authorized by federal law,

require generators within its borders to use the best available waste

management technologies and practices to minimize the volumes of

waste requiring disposal.

Article IV-The Commission

(A) There is hereby created the Southeast Interstate Low-Level

Radioactive Waste Management Commission ("Commission" or

"Compact Commission"). The Commission shall consist of two voting

members from each party state to be appointed according to the laws of

each state. The appointing authorities of each state must notify the

Commission in writing of the identity of its members and any alternates.

An alternate may act on behalf of the member only in the member's

absence.

(B) Each commission member is entitled to one vote. No action of

the Commission shall be binding unless a majority of the total

membership

cast their vote in the affirmative, or unless a greater than majority vote is

specifically required by any other provision of this compact.

(C) The Commission must elect from among its members a presiding

officer. The Commission shall adopt and publish, in convenient form,

bylaws which are consistent with this compact.
Report.

Ilealth.

Safety.

Environmental

protection.

Health.

Safety.

T'ransportation.

Reports.

Studies.

Prohibition.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 321

(D) The Commission must meet at least once a year and also meet

upon the call of the presiding officer, by petition of a majority of the

party states, or upon the call of a host state. All meetings of the

Commission must be open to the public.

(E) The Commission has the following duties and powers:

1. To receive and approve the application of a nonparty state to

become an eligible state in accordance with the provisions of Article

7(b).

2. To receive and approve the application of a nonparty state to

become an eligible state in accordance with the provisions of Article

7(c).

3. To submit an annual report and other communications to the

Governors and to the presiding officer of each body of the legislature

of the party states regarding the activities of the Commission.

4. To develop and use procedures for determining, consistent

with consideration for public health and safety, the type and number

of regional facilities which are presently necessary and which are

projected to be necessary to manage waste generated within the

region.

5. To provide the party states with reference guidelines for

establishing the criteria and procedures for evaluating alternative

locations for emergency or permanent regional facilities.

6. To develop and adopt, within one year after the Commission is

constituted as provided in Article 7(d) procedures and criteria for

identifying a party state as a host state for a regional facility as

determined pursuant to the requirements of this article. In accordance

with these procedures and criteria, the Commission shall identify a

host state for the development of a second regional disposal facility

within three years after the Commission is constituted as provided for

in Article 7(d), and shall seek to ensure that such facility is licensed

and ready to operate as soon as required but in no event later than

1991.

In developing criteria, the Commission must consider the

following; the health, safety, and welfare of the citizens of the party

states; the existence of regional facilities within each party state; the

minimization of waste transportation; the volumes and types of

wastes generated within each party state; and the environmental,

economic, and ecological impacts on the air, land, and water

resources of the party states.

The Commission shall conduct such hearings, require such

reports, studies, evidence, and testimony, and do what is required by

its approved procedures in order to identify a party state as a host

state for a needed facility.

7. In accordance with the procedures and criteria developed

pursuant to section (e)(6) of this Article, to designate, by a two-thirds

vote, a host state for the establishment of a needed regional facility.

The Commission shall not exercise this authority unless the party

states have failed to voluntarily pursue the development of such

facility. The Commission shall have the authority to revoke the

membership of a party state that willfully creates barriers to the siting

of a needed regional facility.

8. To require of and obtain from party states, eligible states

seeking to become party states, and nonparty states seeking to

become eligible states, data and information necessary to the

implementation of Commission responsibilities.
322 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Contracts. 9. Notwithstanding any other provision of this compact, to enter

Imports; into agreements with any person, state, or similar regional body or

group of states for the importation of waste into the region and for the

right of access to facilities outside the region for waste generated

within the region. The authorization to import requires a two-thirds

majority vote of the Commission, including an affirmative vote of

both representatives of a host state in which any affected regional

facility is located. This shall be done only after an assessment of the

affected facility's capability to handle such wastes.

10. To act or appear on behalf of any party state or states, only

upon written request of both members of the Commission for such

state or states as an intervenor or party in interest before Congress,

state legislatures, any court of law, or any federal, state, or local

agency, board, or commission which has jurisdiction over the

management of wastes. The authority to act, intervene, or otherwise

appear shall be exercised by the Commission, only after approval by

a majority vote of the Commission.

II. To revoke the membership of a party state in accordance with

Article 7(f).

F. The Commission may establish any advisory committees as it

deems necessary for the purpose of advising the Commission on any

matters pertaining to the management of low-level radioactive waste.

G. The Commission may appoint or contract for and compensate

such limited staff necessary to carry out its duties and functions. The

staff shall serve at the commission's pleasure irrespective of the civil

service, personnel, or other merit laws of any of the party states or the

federal government and shall be compensated from funds of the

Commission. In selecting any staff, the Commission shall assure that the

staff has adequate experience and formal training to carry out such

functions as may be assigned to it by the Commission. If the

Commission has a headquarters it shall be in a party state.

H. Funding for the Commission must be provided as follows:

I. Each eligible state, upon becoming a party state, shall pay

twenty-five thousand dollars to the Commission which shall be used

for costs of the Commission's services.

2. Each state hosting a regional disposal facility shall annually

levy special fees or surcharges on all users of such facility, based

upon the volume of wastes disposed of at such facilities, the total of

which:

a. must be sufficient to cover the annual budget of the Commission;

b. must represent the financial commitments of all party states to the

Commission;

c. must be paid to the Commission;

Provided, however, That each host state collecting such fees or

surcharges may retain a portion of the collection sufficient to cover its

administrative costs of collection and that the remainder be sufficient

only to cover the approved annual budgets of the Commission.

3. The Commission must set and approve its first annual budget

as soon as practicable after its initial meeting. Host states for disposal

facilities must begin imposition of the special fees and surcharges

provided for in this section as soon as practicable after becoming

party states and must remit to the Commission funds resulting from

collection of such special fees and surcharges within sixty days of

their receipt.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 323

Audit report. I. The. Commission must keep accurate accounts of all receipts and

disbursements. An independent certified public accountant shall annually

audit all receipts and disbursements of Commission funds and submit an

audit report to the Commission. The audit report shall be made a part of

the annual report of the Commission required by Article 4(e)(3).

Grants. J. The Commission may accept for any of its purposes and functions

any and all donations, grants of money, equipment, supplies, materials,

and services (conditional or otherwise) from any state, or the United

States, or any subdivision or agency thereof, or interstate agency, or from

Report. any institution, person, firm, or corporation, and may receive, utilize, and

dispose of the same. The nature, amount, and condition, if any, attendant

upon any donation or grant accepted pursuant to this section, together

with the identity of the donor, grantor, or lender shall be detailed in the

annual report to the Commission.

K. The Commission is not responsible for any costs associated with:

(1) the creation of any facility,

(2) the operation of any facility,

(3) the stabilization and closure of any facility,

(4) the post-closure observation and maintenance of any facility,

or

(5) the extended institutional control, after post-closure

observation and maintenance of any facility.

L. As of January 1, 1986, the management of wastes at regional

facilities is restricted to wastes generated within the region, and to wastes

generated within nonparty states when authorized by the Commission

pursuant to the provisions of this compact. After January 1, 1986, the

Commission may prohibit the exportation of waste from the region for

the purposes of management.

ENports. M. 1. The Commission herein established is a legal entity separate

Prohibition. and distinct from the party states capable of acting in its own behalf and

is liable for its actions. Liabilities of the Commission shall not be deemed

liabilities of the party states. Members of the Commission shall not

personally be liable for action taken by them in their official capacity.

Prohibition. 2. Except as specifically provided in this compact, nothing in this

compact shall be construed to alter the incidence of liability of any kind

for any act, omission, course of conduct, or on account of any casual or

other relationships. Generators and transporters of wastes and owners and

operators of sites shall be liable for their acts, omissions, conduct, or

relationships in accordance with all laws relating thereto.

Article V-Development And Operation Of

Facilities

A. Any party state which becomes a host state in which a regional

facility is operated shall not be designated by the Compact Commission

as a host state for an additional regional facility until each party state has

fulfilled its obligation, as determined by the Commission, to have a

regional facility operated within its borders.

Health. B. A host state desiring to close a regional facility located within its

Safety. borders may do so only after notifying the Commission in writing of its

intention to do so and the reasons therefor. Such notification shall be

given to the Commission at least four years prior to the intended date of

closure.

Notwithstanding the four-year notice requirement herein provided, a host

state is not prevented from closing its facility or establishing conditions

of its use and operations as necessary for the protection of the health and
324 Low-Level Radioactive Waste Policy Act of 1985 (P.L, 99-240)

safety of its citizens. A host state may terminate or limit access to its

regional facility if it determines that Congress has materially altered the

conditions of this compact.

C. Each party state designated as a host state for a regional facility

shall take appropriate steps to ensure that an application for a license to

construct and operate a facility of the designated type is filed with and

issued by the appropriate authority.

Prohibition. D. No party state shall have any form of arbitrary prohibition on the

treatment, storage, or disposal of low-level radioactive waste within its

borders.

E. No party state shall be required to operate a regional facility for

longer than a 20-year period, or to dispose of more than 32,000,000 cubic.

feet of low-level radioactive waste, whichever first occurs.

Article VI-Other Laws And Regulations

Prohibition. A. Nothing in this compact shall be construed to:

(I) Abrogate or limit the applicability of any act of Congress or

diminish or otherwise impair the jurisdiction of any federal agency

expressly conferred thereon by the Congress.

42 USC 2021. (2) Abrogate or limit the regulatory responsibility and authority of

the U.S. Nuclear Regulatory Commission or of an agreement state

under section 274 of the Atomic Energy Act of 1954 in which a

regional facility is located.

(3) Make inapplicable to any person or circumstance any other

law of a party state which is not inconsistent with this compact.

(4) Make unlawful the continued development and operation of

any facility already licensed for development or operation on the date

this compact becomes effective, except that any such facility shall

comply with Article 3, Article 4, and Article 5 and shall be subject to

any action lawfully taken pursuant thereto.

Prohibition. (5) Prohibit any storage or treatment of waste by the generator on its own premises.

(6) Affect any judicial or administrative proceeding pending on

the effective date of this compact.

(7) Alter the relations between, and the respective internal

responsibilities of, the government of a party state and its

subdivisions.

42 USC 2021 b (8) Affect the generation, treatment, storage, or disposal of waste

note. generated by the atomic energy defense activities of the Secretary of

Research and the United States Department of Energy or federal research and

development. development activities as defined in Public Law 96-573.

(9) Affect the rights and powers of any party state and its political

subdivisions to regulate and license any facility within its borders or

to affect the rights and powers of any party state and its political

subdivisions to tax or impose fees on the waste managed at any

facility within its borders.

Prohibition. B. No party shall pass any law or adopt any regulation which is

Regulation. inconsistent with this compact. To do so may jeopardize the membership

status of the party state.

4

P.L. 101-171, 103 Stat. 1289 (1989) added new section E.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 325

Prohibition. C. Upon formation of the compact no law or regulation of a party

Regulation. state or of any subdivision or instrumentality thereof may be applied so

as to restrict or make more inconvenient access to any regional facility by

the generators of another party state than for the generators of the state

where the facility is situated.

D. Restrictions of waste management of regional facilities pursuant

to Article 4 shall be enforceable as a matter of state law.

Alabama.

Florida.

Georgia.

Mississippi.

North Carolina.

South Carolina.

Tennessee.

Virginia.

Effective date.

Prohibition.

Article VII-Eligible Parties; Withdrawal; Revocation; Entry Into

Force; Termination

A. This compact shall have as initially eligible parties the States of

Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina,

Tennessee, and Virginia.

B. Any state not expressly declared eligible to become a party state

to this compact in section (A) of this Article may petition the

Commission, once constituted, to be declared eligible. The Commission

may establish such conditions as it deems necessary and appropriate to be

met by a state wishing to become eligible to become a party state to this

compact pursuant to such provisions of this section. Upon satisfactorily

meeting the conditions and upon the affirmative vote of two-thirds of the

Commission, including the affirmative vote of both representatives of a

host state in which any affected regional facility is located, the

petitioning state shall be eligible to become a party state to this compact

and may become a party state in the manner as those states declared

eligible in section (a) of this Article.

C. Each state eligible to become a party state to this compact shall be

declared a party state upon enactment of this compact into law by the

state and upon payment of the fees required by Article 4(H)(1). The

Commission is the judge of the qualifications of the party states and of its

members and of their compliance with the conditions and requirements

of this compact and the laws of the party states relating to the enactment

of this compact.

D. 1. The first three states eligible to become party states to this

compact which enact this compact into law and appropriate the fees

required by Article 4(H)(1) shall immediately, upon the appointment of

their Commission members, constitute themselves as the Southeast LowLevel Radioactive Waste Management Commission; shall cause

legislation to be introduced in Congress which grants the consent of

Congress to this compact; and shall do those things necessary to organize

the commission and implement the provisions of this compact.

2. All succeeding states eligible to become party states to this

compact shall be declared party states pursuant to the provisions of

section (C) of this Article.

3. The consent of Congress shall be required for the full

implementation of this compact. The provisions of Article 5, section

(D) shall not become effective until the effective date of the import

ban authorized by Article 4, section (L) as approved by Congress.

Congress may by law withdraw its consent only every five years.

E. No state which holds membership in any other regional compact

for the management of low-level radioactive waste may be considered by

the Compact Commission for eligible state status or party state status.

F. Any party state which fails to comply with the provisions of this

compact or to fulfill the obligations incurred by becoming a party state to

this compact may be subject to sanctions by the Commission, including

suspension of its rights under this compact and revocation of its status as
326 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

a party state. Any sanction shall be imposed only upon the affirmative

vote of at least two-thirds of the Commission members. Revocation of

party state status may take effect on the date of the meeting at which the

Commission approves the resolution imposing such sanction, but in no

event shall revocation take effect later than ninety days from the date of

such meeting. Rights and obligations incurred by being declared a party

state to this compact shall continue until the effective date of the sanction

imposed or as provided in the resolution of the Commission imposing the

sanction.

The Commission must, as soon as practicable after the meeting at

which a resolution revoking status as a party state is approved, provide

written notice of the action, along with a copy of the resolution, to the

Governors, the Presidents of the Senates, and the Speakers of the Houses

of Representatives of the party states, as well as chairmen of the

appropriate committees of Congress.

G. Subject to the provisions of Article 7, section H., any party state

may withdraw from the compact by enacting a law repealing the

compact, provided that if a regional facility is located within such state,

such regional facility shall remain available to the region for four years

after the date the Commission receives verification in writing from the

Governor of such party state of the rescission of the Compact. The

Commission, upon receipt of the verification, shall as soon as practicable

provide copies of such verification to the Governor, the presidents of the

Senates, and the Speakers of the Houses of Representatives of the party

states as well as the chairmen of the appropriate committees of the

Congress. 5

H. The right of a party state to withdraw pursuant to section G. shall

terminate thirty days following the commencement of operation of the

second host state disposal facility. Thereafter a party state may withdraw

only with the unanimous approval of the Commission and with the

consent of Congress.

For purposes of this section, the low-level radioactive waste disposal

facility located in Barnwell County, South Carolina shall be considered

the first host state disposal facility.

I. This compact may be terminated only by the affirmative action of

the Congress or by rescission of all laws enacting the compact in each

party state.

Article Viii-Penalties

A. Each party state, consistently with its own law, shall prescribe and

enforce penalties against any person not an official of another state for

violation of any provisions of this compact.

B. Each party state acknowledges that the receipt by a host state of

waste packaged or transported in violation of applicable laws and

regulations can result in the imposition of sanctions by the hose state

which may include suspension or revocation of the violator's right of

access to the facility in the host state.

South Carolina.

Regulation.

'P.L. 101-171, 103 Stat. 1290 (1989), added new language to section G. 6

P.L. 101-171, 103 Stat. 1290 (1989), added new language to section H.

'P.L. 101-171, 103 Stat. 1290 (1989), added new section I.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 327

Provisions held

invalid.

42 USC 2021d

note.

Illinois.

Kentucky.

Article IX-Severability And Construction

The provisions of this compact shall be severable and if any phrase,

clause, sentence, or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution, of any

participating state or of the United States, or the applicability thereof to

any government, agency, person, or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any other government, agency, person, or circumstance shall not be

affected thereby. If any provision of this compact shall be held contrary

to the Constitution of any State participating therein, the compact shall

remain in full force and effect as to the state affected as to all severable

matters. The provisions of this compact shall be liberally construed to

give effect to the purposes thereof.

Sec. 224. Central Midwest Interstate Low-Level Radioactive Waste

Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 USC 2021d(a)(2)), the consent of the Congress

hereby is given to the States of Illinois and Kentucky to enter into the

Central Midwest Interstate Low-Level Radioactive Waste Compact.

Such compact is substantially as follows:

Central Midwest Interstate Low-Level Radioactive Waste

Compact

Article I-Policy And Purpose

There is created the Central Midwest Interstate Low-Level Radioactive

Waste Compact.

The states party to this compact recognize that the Congress of the

United States, by enacting the Low-Level Radioactive Waste Policy Act

(42 USC 2021), has provided for and encouraged the development of

low-level radioactive waste compacts as a tool for managing such waste.

The party states also recognize that the management of low-level

radioactive waste is handled most efficiently on a regional basis; and,

that the safe and efficient management of low-level radioactive waste

generated within the region requires that sufficient capacity to manage

such waste be properly provided.'

a) It is the policy of the party states to enter into a regional low-level

radioactive waste management compact for the purpose of:

I) providing the instrument and the framework for a cooperative

effort;

2) providing sufficient facilities for the proper management of

low-level radioactive waste generated in the region;

3) protecting the health and safety of the citizens of the region;

4) limiting the number of facilities required to manage low-level

radioactive waste generated in the region effectively and efficiency;

5) promoting the volume and source reduction of low-level

radioactive waste generated in the region;

6) distributing the costs, benefits and obligations of successful

low-level radioactive waste management equitably among the party

states and among generators and other persons who use regional

facilities tomanage their waste;

42 USC 2021b

note.

Health.

Safety.

'P.L. 103-439, 108 Stat. 4607 (1994).
328 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

7) ensuring the ecological and economical management of lowlevel radioactive waste, including the prohibition of shallow-land

burial of waste; and

8) promoting the use of above-ground facilities and other disposal

technologies providing greater and safer confinement of low-level

radioactive waste than shallow-land burial facilities.

Regulations. b) Implicit in the Congressional consent to this compact is the

expectation by the Congress and the party states that the appropriate

federal agencies will actively assist the Compact Commission and the

individual party states to this compact by:

I) expeditious enforcement of federal rules, regulations and laws;

2) imposition of sanctions against those found to be in violation of

federal rules, regulations and laws; and

3) timely inspection of their licensees to determine their

compliance with these rules, regulations and laws.

Article II-Definitions

As used in this compact, unless the context clearly requires a different

construction:

a) "Commission" means the Central Midwest Interstate Low-Level

Radioactive Waste Commission.

b) "Decommissioning" means the measures taken at the end of a

facility's operating life to assure the continued protection of the public

from any residual radioactivity or other potential hazards present at a

facility.

c) "Disposal" means the isolation of waste from the biosphere in a

permanent facility designed for that purpose.

d) "Eligible" state means either the State of Illinois or the

Commonwealth of Kentucky.

e) "Extended care" means the continued observation of a facility after

closure for the purpose of detecting a need for maintenance, ensuring

environmental safety, and determining compliance with applicable

licensure and regulatory requirements and includes undertaking any

action or clean-up necessary to protect public health and the environment

from radioactive releases from a regional facility.

f) "Facility" means a parcel of land or site, together with the

structures, equipment and improvements on or appurtenant to the land or

site, which is used or is being developed for the treatment, storage or

disposal of low-level radioactive waste.

g) "Generator" means a person who produces or possesses low-level

radioactive waste in the course of or incident to manufacturing, power

generation, processing medical diagnosis and treatment, research, or other industrial or commercial activity and who, to the extent required by

law, is licensed by the U. S. Nuclear Regulatory Commission or a party

state, to produce or possess such waste.

h) "Host state" means any party state that is designated by the

Commission to host a regional facility, provided that a party state with a

total volume of waste recorded on low-level radioactive waste manifests

for any year that is less than 10 percent of the total volume recorded on

such manifests for the region during the same year shall not be

designated a host state.

i) "Institutional control" means those activities carried out by the host

state to physically control access to the disposal site following transfer of

control of the disposal site from the disposal site operator to the state or

federal government. These activities must include, but need not be
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 329

limited to, environmental monitoring, periodic surveillance, minor

custodial care, and other necessary activities at the site as determined by

the host state, and administration of funds to cover the costs for these

activities. The period of institutional control will be determined by the

host state, but institutional control may not be relied upon for more than

100 years following transfer of control of the disposal site to the state or

federal government.

j) "Long-term liability" means the financial obligation to compensate

any person for medical and other expenses incurred from damages to

human health, personal injuries suffered from damages to human health

and damages or losses to real or personal property, and to provide for the

costs for accomplishing any necessary corrective action or clean-up on real or personal property caused by radioactive releases from a regional

facility.

42 USC 2014. k) "Low-level radioactive waste" or "waste" means radioactive waste

not classified as (1) high-level radioactive waste, (2) transuranic waste,

(3) spent nuclear fuel, or (4) by-product material as defined in section

I le.(2) of the Atomic Energy Act of 1954. This definition shall apply

notwithstanding any declaration by the federal government, a state or any

regulatory agency that any radioactive material is exempt from any

regulatory control.9

1) "Management plan" means the plan adopted by the Commission

for the storage, transportation, treatment and disposal of waste within

the region.

m) "Manifest" means a shipping document identifying the generator

of waste, the volume of waste, the quantity of radionuclides in the

shipment, and such other information as may be required by the

appropriate regulatory agency. n) "Party state" means any eligible state which enacts the compact

into law and pays the membership fee.

o) "Person" means any individual, corporation, business enterprise or other legal entity, either public or private, and any legal successor,

representative, agent or agency of that individual, corporation, business

enterprise, or legal entity.

p) "Region" means the geographical area of the party states.

q) "Regional facility" means any facility as defined in Article II(f)

that is (1) located within the region, and (2) established by a party state

pursuant to designation of that state as a host state by the Commission. 10

r) "Shallow-land burial" means a land disposal facility in which

radioactive waste is disposed of in or within the upper 30 meters of the

earth's surface; however, this definition shall not include an enclosed,

engineered, strongly structurally enforced and solidified bunker that

extends below the earth's surface.

s) "Site" means the geographic location of a facility.

t) "Source reduction" means those administrative practices that

reduce the radionuclide levels in low-level radioactive waste or that

prevent the generation of additional low-level radioactive waste.

u) "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any

other territorial possession of the United States.

9

P.L. 103-439, 108 Stat. 4608 (1994), amended section k.

"'P.L. 103-439, 108 Stat. 4608 (1994), amended section q.
330 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

v) "Storage" means the temporary holding of waste for treatment or

disposal.

w) "Treatment" means any method, technique or process, including

storage for radioactive decay, designed to change the physical, chemical

or biological characteristics or composition of any waste in order to

render the waste safer for transport or management, amenable to

recovery, convertible to another usable material or reduced in volume.

x) "Volume reduction" means those methods including, but not

limited to, biological, chemical, mechanical and thermal methods used to

reduce the amount of space that waste materials occupy and to put them

into a form suitable for storage or disposal.

y) "Waste management" means the source and volume reduction,

storage, transportation, treatment or disposal of waste.

Article Ill-The Commission

Central a) There is created the Central Midwest Interstate Low-Level

Midwest Radioactive Waste Commission. Upon the eligible states becoming party

Interstate Low- states, the Commission shall consist of two voting Commissioners from

Level each state eligible to be designated a host state under Article VI(b), one

Radioactive voting Commissioner from any other party state, and for each regional

Waste facility, one non-voting Commissioner who is an elected official of local

Commission government and a resident of the county where that regional facility is

establishment, located. The Governor of each party state shall notify the Commission in

writing of its Commissioners and any alternates. "1

b) Each voting Commissioner is entitled to one vote. No action of the

Commission is binding unless a majority of the voting membership casts

its vote in the affirmative. In addition, no agreement by the Commission

under Article lll(i)(1), Article fIl(i)(2), or Article II(i)(3) is valid unless

all voting Commissioners from the party state in which the facility where

waste would be sent cast their votes in the affirmative. ' Public c) The Commission shall elect annually from among its members a

information. chairperson. The Commission shall adopt and publish, in convenient

form, by-laws and policies that are not inconsistent with this compact,

including procedures that conform with the provisions of the Federal

Administrative Procedure Act (5 USC ss. 500 to 559) to the greatest

extent practicable in regard to notice, conduct and recording of meetings;

access by the public to records; provision of information to the public;

conduct of adjudicatory hearings; and issuance of decisions.

d) The Commission shall meet at least once annually and shall also

meet upon the call of any voting Commissioner.13

e) All meetings of the Commission and its designated committees

shall be open to the public with reasonable advance notice. The

Commission may, by majority vote, close a meeting to the public for the

purpose of considering sensitive personnel or legal strategy matters.

However, all Commission actions and decisions shall be made in open

meetings and appropriately recorded. A roll call may be required upon

request of any voting Commissioner. 4

f) The Commission may establish advisory committees for the

purpose of advising the Commission on any matters pertaining to waste

management, waste generation and source and volume reduction.

'P.L. 103-439. 108 Stat. 4608 (1994), amended section a. '

2

P.L. 103-439, 108 Stat. 4608 (1994), amended section b.

"P.L. 103-439, 108 Stat. 4608 (1994), amended section d. '

4

P.L. 103-439, 108 Stat. 4608 (1994), amended section e.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 331

g) The Office of the Commission shall be in Illinois. The

Commission may appoint or contract for and compensate such staff

necessary to carry out its duties and functions. The staff shall serve at the

Commission's pleasure with the exception that staff hired as the result of

securing federal funds shall be hired and governed under applicable

federal statutes and regulations. In selecting any staff, the Commission

shall assure that the staff has adequate experience and formal training to

carry out the functions assigned to it by the Commission."5

Public h) All files, records and data of the Commission shall be open to

inspeclion. reasonable public inspection and may be copied upon payment of

Records. reasonable fees to be established where appropriate by the Commission,

except for information privileged against introduction in judicial

proceedings. Such fees may be waived or shall be reduced substantially

for not-for-profit organizations.

i) The Commission may:

Contracts. 1) Enter into an agreement with any person to allow waste

Prohibitions. from outside the region to be disposed of at facilities in the region.

However, no such agreement shall be effective unless and until

ratified by a law enacted by the party state to which the waste would

be sent for disposal.

2) Enter into an agreement with any person to allow waste

described in Article VII(a)(6) to be treated, stored, or disposed of at

regional facilities. However, no such agreement shall be effective

unless and until ratified by a law enacted by the host state of the

regional facility to which the waste would be sent for treatment,

storage, or disposal.

Reports. 3) Enter into an agreement with any person to allow waste

from outside the region to be treated or stored at facilities in the

region.

However, any such agreement shall be revoked as a matter of law if,

within one year of the effective date of the agreement, a law is

enacted ordering such revocation by the party state to which the waste

would be sent for treatment or storage.

Prohibition. 4) Approve, or enter into an agreement with any person for,

the export of waste from the region.

5) Approve the disposal of waste generated within the region

at a facility in the region other than a regional facility, subject to the

limitations of Articles V(f) and VII(a)(6).

6) Require that waste generated within the region be treated or

stored at available regional facilities, subject to the limitations of

Articles V(f), VII(a)(3) and VII(a)(6).

7) Appear as an intervenor or party in interest before any court

of law or any federal, state or local agency, board or commission in

any matter related to waste management. In order to represent its

views, the Commission may arrange for any expert testimony,

reports, evidence or other participation.

8) Review the emergency closure of a regional facility,

determine the appropriateness of that closure, and take whatever

actions are necessary to ensure that the interests of the region are

protected, provided that a party state with a total volume of waste

recorded on low-level radioactive waste manifests for any year that is

less than 10 percent of the total volume recorded on such manifests

"P.L. 103-439, 108 Slat. 4608 (1994), amended section g.
332 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

for the region during the same year shall not be designated a host

state or be required to store the region's waste. In determining the 10

percent exclusion, there shall not be included waste recorded on lowlevel radioactive waste manifests by a person whose principal

business is providing a service by arranging for the collection,

transportation, treatment, storage or disposal of such waste.

9) Take any action which is appropriate and necessary to

perform its duties and functions as provided in this compact.

10) Suspend the privileges or revoke the membership of a

party state. 16

j) The Commission shall:

Report. 1) Submit within 10 days of its execution to the governor and

the appropriate officers of the legislative body of the party state in

which any affected facility is located a copy of any agreement entered

into by the Commission under Article lll(i)(l), Article 111(i)(2) or

Article 111(i)(3).

2) Submit an annual report to, and otherwise communicate

With, the governors and the appropriate officers of the legislative

bodies of the party states regarding the activities of the Commission.

The annual report shall include a description of the status of the

activities taken pursuant to any agreement entered into by the

Commission under Article lll(i)(l), Article 1l1(i)(2) or Article I11(i)(3)

and any violation of any provision thereof, and a description of the

source, volume, activity, and current status of any waste from outside

the region or waste described under Article VII(a)(6) that was treated,

stored, or disposed of in the region in the previous year.

3) Hear, negotiate, and, as necessary, resolve by final decision

disputes which may arise between the party states regarding this

compact.

4) Adopt and amend, as appropriate, a regional management

plan that plans for the establishment of needed regional facilities.

5) Adopt an annual budget.17

k) Funding of the budget of the Commission shall be provided as

follows:

1) Each state, upon becoming a party state, shall pay $50,000

to the Commission which shall be used for the administrative costs of

the Commission.

2) Each state hosting a regional facility shall levy surcharges

on each user of the regional facility based upon its portion of the total

volume and characteristics of wastes managed at that facility. The

surcharges collected at all regional facilities shall:

A) be sufficient to cover the annual budget of the

Commission; and

B) be paid to the Commission, provided, however, that each

host state collecting surcharges may retain a portion of the

collection sufficient to cover its administrative costs of

collection.

Audit. I) The Commission shall keep accurate accounts of all receipts and

Contracts. disbursements. The Commission shall contract with an independent

Reports. certified public accountant to annually audit all receipts and

disbursements of Commission funds and to submit an audit report to the

'

6

P.L. 103.439, 108 Stat. 4609 (1994), amended section i. '

7P.L. 103,439, 108 Stat. 4609 (1994), amended sectionj.
Grants.

Report.

.Transportation.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 333

Commission. The audit report shall be made a part of the annual report of

the Commission required by this Article.

m) The Commission may accept for any of its purposes and functions

and may utilize and dispose of any donations, grants of money,

equipment, supplies, materials and services from any state or the United

States (or any subdivision or agency thereof), or interstate agency, or

from any institution, person, firm or corporation. The nature, amount and

condition, if any, attendant upon any donation or grant accepted or

received by the Commission together with the identity of the donor,

grantor, or lender, shall be detailed in the annual report of the

Commission. The Commission shall establish guidelines for the

acceptance of donations, grants, equipment, supplies, materials and

services and shall review such guidelines annually.

n) The Commission is not liable for any costs associated with any of

the following:

1) the licensing and construction of any facility;

2) the operation of any facility;

3) the stabilization and closure of any facility;

4) the extended care of any facility;

5) the institutional control, after extended care of any facility;

or

6) the transportation of waste to any facility.

o) The Commission is a legal entity separate and distinct from the

party states and is liable for its actions as a separate and distinct legal

entity. Commissioners are not personally liable for actions taken by them

in their official capacity. "'

p) Except as provided under Article 111(n), Article 111(o), Article

VI(p) and Article VI(q), nothing in this compact alters liability for any

action, omission, course of conduct or liability resulting from any causal

or other relationships.' 9

q) Any person aggrieved by a final decision of the Commission,

which adversely affects the legal rights, duties or privileges of such

person, may petition a court of competent jurisdiction, within 60 days

after the Commission's final decision, to obtain judicial review of said

final decision.

Article IV-Regional Management Plan

The Commission shall adopt a regional management plan designed to

ensure the safe and efficient management of waste generated within the

region. In adopting a regional waste management plan the Commission

shall:

a) Adopt procedures for determining, consistent with considerations

of public health and safety, the type and number of regional facilities

which are presently necessary and which are projected to be necessary to

manage waste generated within the region.

b) Develop and adopt policies promoting source and volume

reduction of waste generated within the region.

c) Develop alternative means for the treatment, storage and disposal

of waste, other than shallow-land burial or underground injection well.

Health.

Safety.

"

8 Public Law 103-439, 108 Stat. 4610 (1994), changed after the first sentence "Members of the Commission"

to "Commissioners." 1

9

P.L. 103-439, 108 Stat. 4610 (1994), amended section p.
L.xports.

Contracts.

Prohibition.

Regulations.

Transportation.

KentlUcky.

Prohibition.

334 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

d) Prepare a draft regional management plan. that shall be made

available in a convenient form to the public for comment. The

Commission shall conduct one or more public hearings in each party

state prior to the adoption of the regional management plan. The regional

management plan shall include the Commission's response to public and

party state comment.

Article V-Rights And Obligations Of Party States

a) Each party state shall act in good faith in the performance of acts

and courses of conduct which are intended to ensure the provision of

facilities for regional availability and usage in a manner consistent with

this compact.

b) Other than the provisions of Article V(f) and VII(a)(6), each party

state has the right to have all wastes generated within borders managed at

regional facilities. This right shall be subject to the provisions of this

Compact. All party states have an equal right of access to any facility

outside the region made available to the region by any agreement entered

into by the Commission pursuant to Article 111(i)(4). 2

y

c) Party states or generators may negotiate for the right of access to a facility outside the region and may export waste outside the region

subject to Commission approval under Article 111(i)(4). 21

d) To the extent permitted by federal law, each party state may

enforce any applicable federal and state laws, regulations and rules

pertaining to the packaging and transportation of waste generated within or passing through its borders. Nothing in this Section shall be construed

to require a party state to enter into any agreement with the U. S. Nuclear

Regulatory Commission.

e) Each party state shall provide to the Commission any data and

information the Commission requires to implement its responsibilities.

Each party state shall establish the capability to obtain any data and

information required by the Commission.

f) Waste originating from the Maxey Flats nuclear waste disposal site

in Fleming County, Kentucky shall not be shipped to any facility in

Illinois for storage, treatment or disposal. Disposition of these wastes

shall be the sole responsibility of the Commonwealth of Kentucky and

such waste shall not be subject to the provisions of Articles IX(b)(3) and

(4) of this compact.22

Article VI-Development And Operation Of Facilities

a) Any party state may volunteer to become a host state, and the

Commission may designate that state as a host state.

b) If all regional facilities required by the regional management plan

are not developed pursuant to Article VI(a), or upon notification that an

existing regional facility will be closed, the Commission may designate a party state as a host state. A party state shall not be designated as a host

state for any regional facility under this Article VI(b) unless that state's

total volume of waste recorded on low-level radioactive waste manifests

for any year is more than 10% of the total volume recorded on such

manifests for the region during the same year. In determining the 10%

exclusion, there shall not be included waste recorded on low-level

2 P.L. 103-439, 108 Stat. 4610 (1994). amended section b. 21

P.L. 103-439, 108 Stat. 4610 (1994), amended section c. 22

P.L. 103-439, 108 Stat. 4610 (1994), amended section f.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 335

radioactive waste manifests by a person whose principal business is

providing a service by arranging for the collection, transportation,

treatment, storage or disposal of such waste, or waste described in Article

VII(a)(6).23

Prohibition. c) Each party state designated as host state is responsible for

determining possible facility locations within its borders. The selection

of a facility site shall not conflict with applicable federal and host state

laws, regulations and rules not inconsistent with this compact and shall

be based on factors including, but not limited to, geological,

environmental, engineering and economic viability of possible facility

locations.

24

d) Any party state designated as a host state may request the

Commission to relieve that state of the responsibility to serve as a host

state. The Commission may relieve a party state of this responsibility

upon a showing by the requesting party state that no feasible potential

regional facility site of the type it is designated to host exists within its

borders or for other good cause shown and consistent with the purposes

of this Compact.2 5

e) After a state is designated a host state by the Commission, it is

responsible for the timely development and operation of a regional

facility. 26

f) To the extent permitted by federal and state law, a host state shall

regulate and license any facility within its borders and ensure the

extended care of that facility. 27

g) The Commission may designate a party state as a host state while a

regional facility is in operation if the Commission determines that an

additional regional facility is or may be required to meet the needs of the 28 region.

h) Designation of a host state is for a period of 20 years or the life of

the regional facility, which is established under that designation,

whichever is shorter. Upon request of a host state, the Commission may

modify the period of its designation.2 9

i) A host state may establish a fee system for any regional facility

within its borders. The fee system shall be reasonable and equitable.

This fee system shall provide the host state with sufficient revenue to

cover any costs including,, but not limited to, the planning, siting,

licensing, operation, pre-closure corrective action or clean-up,

monitoring, inspection, decommissioning, extended care and long-term

liability, associated with such facilities. This fee system may provide for

payment to units of local government affected by a regional facility for

costs incurred in connection with such facility. This fee system may also

include reasonable revenue beyond the costs incurred for the host state,

subject to approval by the Commission. The fee system shall include

incentives for source or volume reduction and may be based on the

2"P.L. 103-439, 108 Stat. 4610, November 2, 1994, amended section b.

2'Public Law 103-439, 108 Stat. 4611, November 2, 1994, repealed section c and renumbered section d to

Section c. 25Public Law 103-439, 108 Stat. 4611, November 2, 1994, amended and renumbered section "'e" to

section "d." "

6

P.L. 103-439, 108 Stat. 4612 (1994), renumbered section fto e. 2'P.L. 103439, 108 Stat. 4612 (1994), renumbered section g to f. 2

"P.L. 103-439, 108 Stat. 4612 (1994), renumbered section h to g.

"'P.L. 103-439, 108 Stat. 4612 (1994), renumbered section i to h.
42 USC 10101

note.

Health.

Safety.

Environmental

protection.

Health.

Prohibition.

Safety.

Prohibition.

Transportation.

Environmental.

Health.

Protection.

336 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

hazard of the waste. A host state shall submit an annual financial audit of

the operation of the regional facility to the Commission.3

"

j) A host state shall ensure that a regional facility locatedwithin its

borders which is permanently closed is properly decommissioned.

A host state shall also provide for the extended care of a closed or

decommissioned regional facility within its borders so that the public

health and safety of the state and region are ensured, unless, pursuant to

the federal Nuclear Waste Policy Act of 1982, the federal government

has assumed title and custody of the regional facility and the federal

government thereby has assumed responsibility to provide for the

extended care of such facility. 31

k) A host state intending to close a regional facility located within its

borders shall notify the Commission in writing of its intention and the

reasons. Notification shall be given to the Commission at least five years

prior to the intended date of closure. This Section shall not prevent an

emergency closing of a regional facility by a host state to protect its air,

land and water resources and the health and safety of its citizens.

However, a host state which has an emergency closing of a regional

facility shall notify the Commission in writing within 3 working days of

its action and shall, within 30 working days of its action, demonstrate

justification for the closing.32

I) If a regional facility closes before an additional or new facility

becomes operational, waste generated within the region may be shipped

temporarily to any location agreed on by the Commission until a regional

facility is operational, provided that the region's waste shall not be stored

in a party state with a total volume of waste recorded on low-level

radioactive waste manifests for any year which is less than 10% of the

total volume recorded on the manifests for the region during the same year. In determining the 10% exclusion, there shall not be included waste

recorded on low-level radioactive waste manifests by a person whose

principal business is providing a service by arranging for the collection,

transportation, treatment, storage or disposal of such waste, or waste

described in Article VII(a)(6).33

m) A party state which is designated as a host state by the

Commission and fails to fulfill its obligations as a host state may have its

privileges under the compact suspended or membership in the compact

revoked by the Commission.

n) The host state shall create an "Extended Care and Long-Term

Liability Fund" and shall allocate sufficient fee revenues, received

pursuant to Article Vl(i), to provide for the costs of:

I) decommissioning and other procedures required for the proper

closure of a regional facility;

2) monitoring, inspection and other procedures required for the

proper extended care of a regional facility;

3) undertaking any corrective action or clean-up necessary to

protect human health and the environment from radioactive releases

from a regional facility; and

"P.L. 103-439, 108 Stat. 4612, November 2, 1994, renumbered sectionj to i.

"P.L. 103-439, 108 Stat. 4612, November 2, 1994, renumbered section k toj. 12Public Law 103.439, 108 Stat. 4611, November 2. 1994, amended section I and renumbered it to become

section k.

"Public Law 103-439, 108 Slat. 4611, November 2, 1994, amended section m and renumbered it to become

section I. 14Public Law 103-439. 108 Stat. 4612, November 2, 1994, renumbered section n to m.
Contracts.

Gifts and

property.

Health.

Insurance.

I lealth.

Real properly

Insurance.

Contracts.

Prohibition.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 337

4) compensating any person for medical and other expenses

incurred from damages to human health, personal injuries suffered

from damages to human health and damages or losses to real or

personal property, and accomplishing any necessary corrective action

or clean-up on real or personal property caused by radioactive

releases from a regional facility; the host state may allocate monies

in this Fund in amounts as it deems appropriate to purchase insurance

or to make other similar financial protection arrangements consistent

with the purposes of this Fund; this Article VI(n) shall in no manner

limit the financial responsibilities of the site operator under Article

VI(o), the party states under Article VI(p), or any person who sends

waste to a regional facility, under Article VI(q).35

o) The operator of a regional facility shall purchase an amount of

property and third-party liability insurance deemed appropriate by the

host state, pay the necessary periodic premiums at all times and make

periodic payments to the Extended Care and Long-Term Liability Fund

as set forth in Article VI(n) for such amounts as the host state reasonably

determines is necessary to provide for future premiums to continue such

insurance coverage, in order to pay the costs of compensating any person

for medical and other expenses incurred from damages to human health,

personal injuries suffered from damages to human health and damages or

losses to real or personal property, and accomplishing any necessary

corrective action or clean-up on real or personal property caused by

radioactive releases from a regional facility. In the event of such costs

resulting from radioactive releases from a regional facility, the host state

should, to the maximum extent possible, seek to obtain monies from such

insurance prior to using monies from the Extended Care and Long-Term

Liability Fund.36

p) All party states shall be liable for the cost of extended care and

long-term liability in excess of monies available from the Extended Care

and Long-Term Liability Fund, as set forth in Article VI(n) and from the

property and third-party liability insurance as set forth in Article VI(o).

A party state may meet such liability for costs by levying surcharges

upon generators located in the party state. The extent of such liability

shall be based on the proportionate share of the total volume of waste

placed in the regional facility by generators located in each such party

state. Such liability shall be joint and several among the party states with

a right of contribution between the party states. However, this Section

shall not apply to a party state with a total volume of waste recorded on

low-level radioactive waste manifests for any year that is less than 10%

of the total volume recorded on such manifests for the region during the

same year.37

q) Any person who sends waste from outside the region or waste

described in Article VII(a)(6) for treatment, storage or disposal at a

regional facility shall be liable for the cost of extended care and longterm liability of that regional facility in excess of the monies available

from the Extended Care and Long-Term Liability Fund as set forth in

Article VI(n) and from the property and third-party liability insurance as

"Public Law 103-439, 108 Stat. 4611, November 2, 1994, amended section o and renumbered it to become

section n. "

6

Public Law 103-439, 108 Stat. 4612, November 2, 1994, amended section p and renumbered it to become

section o. "Public Law 103-439, 108 Stat. 4612, November 2, 1994, amended section q and renumbered it to become

section p.
Prohibitions.

Research and

development.

Taxes.

Transportation.

Contracts.

Prohibition.

Regulations.

Prohibition.

338 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

set forth in Article VI(o). The extent of the liability for the person shall

be based on the proportionate share of the total volume of waste sent by

that person to the regional facility.3"

Article VII-Other Laws And Regulations

a) Nothing in this compact:

1) abrogates or limits the applicability of any act of Congress or

diminishes or otherwise impairs the jurisdiction of any federal agency

expressly conferred thereon by the Congress;

2) prevents the enforcement of any other law of a party state

which is not inconsistent with this compact;

3) prohibits any storage or treatment of waste by the generator on

its own premises;

4) affects any administrative or judicial proceeding pending on the

effective date of this compact;

5) alters the relations between the respective internal

responsibility of the government of a party state and its subdivisions;

6) establishes any right to the treatment, storage or disposal at any

facility in the region or provides any authority to prohibit export from

the region of waste that is owned or generated by the United States

Department of Energy, owned or generated by the United States Navy

as a result of the decommissioning of vessels of the United States

Navy, or owned or generated as the result of any research,

development, testing or production of any atomic weapon; or.39

7) affects the rights and powers of any party state or its political

subdivisions, to the extent not inconsistent with this compact, to

regulate and license any facility or the transportation of waste within

its borders or affects the rights and powers of any state or its political

subdivisions to tax or impose fees on the waste managed at any

facility within its borders; 8) requires a party state to enter into an agreement with the U. S.

Nuclear Regulatory Commission; or

9) alters or limits liability of transporters of waste and owners and

operators of sites for their acts, omissions, conduct or relationships in

accordance with applicable laws.

b) For purposes. of this compact, all state laws or parts of laws in

conflict with this compact are hereby superseded to the extent of the

conflict.

c) No law, rule, regulation, fee or surcharge of a party state, or of any

of its subdivisions or instrumentalities, may be applied in a manner

which discriminates against the generators of another party state.

d) No person who provides a service by arranging for collection,

transportation, treatment, storage or disposal of waste from outside the

region shall be allowed to dispose of any waste, regardless of origin, in

the region unless specifically permitted under an agreement entered into

by the Commission in accordance with the requirements of Article

lll(i)(1).40

"P. L,. 103-439, 108 Stat. 4612 (1994), added a new section q. 39

P.L. 103-439, 108 Stat. 4613 (1994), amended section 6. 4

"P.L. 103-439, 108 Stat. 4613 (1994), amended section d.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 339

Article VIII-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

Illinois. a) Eligible parties to this compact are the State of Illinois and

Kentucky. Commonwealth of Kentucky. Eligibility terminates on April 15, 1985.

b) An eligible state becomes a party state when the state enacts the

compact into law and pays the membership fee required in Article

IIl(k)(1 ).

c) The Commission is formed upon the appointment of the

Commissioners and the tender of the membership fee payable to the

Commission by the eligible states. The Governor of Illinois shall convene the initial meeting of the Commission. The Commission shall cause legislation to be introduced in the Congress which grants the

consent of the Congress to this compact, and shall take action necessary

to organize the Commission and implement the provisions of this

compact. 4

d) Other than the special circumstances for withdrawal in section (f)

of this Article, either party state may withdraw from this compact at any

time by repealing the authorizing legislation, but no withdrawal may take

effect until 5 years after the governor of the withdrawing state gives

notice in writing of the withdrawal to the Commission and to the

governor of the other state. Withdrawal does not affect any liability

already incurred by or chargeable to a party state prior to the time of such

withdrawal. Any host state which grants a disposal l5ermit for waste

generated in a withdrawing state shall void the permit when the

withdrawal of that state is effective.

Etfective date. e) This compact becomes effective July 1, 1984, or at any date

subsequent to July 1, 1984, upon enactment by the eligible states.

However, Article IX(b) shall not take effect until the Congress has by

law consented to this compact. The Congress shall have an opportunity to

withdraw such consent every 5 years. Failure of the Congress

affirmatively to withdraw its consent has the effect of renewing consent

for an additional 5 year period. The consent given to this compact by the

Exports. Congress shall extend to the power of the region to ban the shipment of

Prohibition. waste into the region pursuant to Article 1Il(i)(1) and to prohibit

exportation of waste generated within the region under Article l1l(i)(4). 42

f) A state which has been designated a host state may withdraw from

the compact. The option to withdraw must be exercised within 90 days of

the date the governor of the designated state receives written notice of the

Effective date. designation. Withdrawal becomes effective immediately after notice is

given in the following manner. The governor of the withdrawing state

shall give notice in writing to the Commission and to the governor of

each party state. A state which withdraws from the compact under this

section forfeits any funds already paid pursuant to this compact. A

designated host state which withdraws from the compact after 90 days

and prior to fulfilling its obligations shall be assessed a sum the

Commission determines to be necessary to cover the costs borne by the

Commission and remaining party states as a result of that withdrawal.

4 1

P.L. 103-439, 108 Stat. 4613 (1994), amended section c. 42

P.L. 103-439, 108 Stat. 4613 (1994), amended section e.
340 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Article IX-Penalties

a) Each party state shall prescribe and enforce penalties against any

person who is not an official of another state for violation of any

provision of this compact.

b) Unless authorized by the Commission pursuant to Article 111(i), or

otherwise provided in this Compact, after January 1, 1986 it is a violation

of this Compact:

1) for any person to deposit at a facility in the region waste

from outside the region;

2) for any facility in the region to accept waste from

outside

the region;

3) for any person to export from the region waste that is

generated within the region;

4) for any person to dispose of waste at a facility other

than

a regional facility;

5) for any person to deposit at a regional facility waste

described in Article VII(a)(6); or

6) for any regional facility to accept waste described in

Article VII(a)(6).

c) It is a violation of this compact for any person to treat or store

waste at a facility other than a regional facility if such treatment or

storage is prohibited by the Commission under Article 111(i)(6)."

d) Each party state acknowledges that the receipt by a host state of

waste packaged or transported in violation of applicable laws, rules or regulations may result in the imposition of sanctions by the host state

which may include suspension or revocation of the violator's right of

access to the facility in the host state.

e) Each party state has the right to seek legal recourse against any

party state which acts in violation of this compact.

Article X-Severability And Construction

The provisions of this compact shall be severable and if any phrase,

clause, sentence or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution of any

participating state or the United States, or if the applicability thereof to

any government, agency, person or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person or circumstance shall not be affected

thereby. If any provision of this compact shall be held contrary to the

Constitution of any state participating therein, the compact shall remain

in full force and effect as to the state affected as to all severable matters.

Regulation.

Provisions held

invalid.

4

"P.L. 103-439, 108 Stat. 4613 (1994), amended section b. "

4P.L. 103-439, 108 Stat. 4614 (1994), added new section c, and redesignated the old sections c and d as sections d and e, respectively.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 341

42 USC 2021d Sec. 225. Midwest Interstate Low-Level Radio Active Waste

note. Management Compact

Iowa. Indiana. The consent of Congress is hereby given to the States of Iowa,

Michigan. Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to enter

Minnesota. into the Midwest Interstate Compact on Low-Level Radioactive Waste

Missouri. Ohio. Management. Such compact is as follows:

Wisconsin.

Midwest Interstate Low-Level Radio Active Waste

Management Compact

Article I-Policy And Purpose

There is created the Midwest Interstate Low-Level Radioactive Waste

Compact.

Research and The states party to this compact recognize that the Congress of the

development. United States, by enacting the Low-Level Radioactive Waste Policy Act

(42 USC 2021b to 2021d), has provided for and encouraged the

development of low-level radioactive waste compacts as a tool for

managing such waste. The party states acknowledge that the Congress

has declared that each state is responsible for providing for the

availability of capacity either within or outside the state for the disposal

of low-level radioactive waste generated within its borders, except for

waste generated as a result of certain defense activities of the federal

government or federal research and development activities. The party

states also recognize that the management of low-level radioactive waste

is handled most efficiently on a regional basis; and, that the safe and

efficient management of low-level radioactive waste generated within the

region requires that sufficient capacity to manage such waste be properly

provided.

a. It is the policy of the party states to enter into a regional low-level

radioactive waste management compact for the purpose of:

I. Providing the instrument and framework for a cooperative

effort;

2. Providing sufficient facilities for the proper management of

low-level radioactive waste generated in the region;

Ilealth. 3. Protecting the health and safety of the citizens of the region;

Safety. 4. Limiting the number of facilities required to effectively and

efficiently manage low-level radioactive waste generated in the

region;

5. Encouraging the reduction of the amounts of low-level

radioactive waste generated in the region;

6. Distributing the costs, benefits and obligations of successful

low-level radioactive waste management equitably among the party

states, and among generators and other persons who use regional

facilities to manage their waste; and

7. Ensuring the ecological and economical management of lowlevel radioactive wastes.

Regulations. b. Implicit in the Congressional consent to this compact is the

expectation by the Congress and the party states that the appropriate

federal agencies will actively assist the Compact Commission and the

individual party states. to this compact by:

1. Expeditious enforcement of federal rules, regulations and laws;

2. Imposition of sanctions against those found to be in violation

of federal rules, regulations and laws; and

3. Timely inspection of their licensees to determine their

compliance with these rules, regulations and laws.
342 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Article II-Derinitions

As used in this compact, unless the context clearly requires a different

construction:

a. "Care" means the continued observation of a facility after closure

for the purposes of detecting a need for maintenance, ensuring

environmental safety, and determining compliance with applicable

licensing and regulatory requirements and including the correction of

problems which are detected as a result of that observation.

b. "Commission" means the Midwest Interstate Low-Level

Radioactive Waste Commission.

c. "Decommissioning" means the measures taken at the end of a

facility's operating life to assure the continued protection of the public

from any residual radioactivity or other potential hazards present at a

facility.

d. "Disposal" means the isolation of waste from the biosphere in a

permanent facility designed for that purpose.

e. "Eligible state" means a state qualified to be a party state to this

compact as provided in Article VIII.

f. "Facility" means a parcel of land or site, together with the

structures, equipment and improvements on or appurtenant to the land or site, which issued or is being developed for the treatment, storage or

disposal of low-level radioactive waste.

g. "Generator" means any person who produces or possesses lowlevel radioactive waste in the course of or incident to manufacturing,

power generation, processing, medical diagnosis and treatment, research,

or other industrial or commercial activity and who, to the extent required

by law, is licensed by the U. S. Nuclear Regulatory Commission or a

party state, to produce or possess such waste. Generator does not include

a person who provides a service by arranging for the collection,

transportation, treatment, storage or disposal of wastes generated outside

the region.

h. "Host state" means any state which is designated by the

Commission to host a regional facility.

i. "Low-Level radioactive waste" or "waste" means radioactive

waste not classified as high-level radioactive waste, transuranic waste,

spent nuclear fuel or by-product material as defined in section I I(e)(2) of

the Atomic Energy Act of 1954 (42 USC 2014).

j. "Management plan" means the plan adopted by the Commission

for the storage, transportation, treatment and disposal of waste within the

region.

k. "Party state" means any eligible state which enacts the compact

into law.

I. "Person" means any individual, corporation, business enterprise or

other legal entity either public or private and any legal successor,

representative, agent or agency of that individual, corporation, business

enterprise or legal entity. m. "Region" means the area of the party states.

n. "Regional facility" means a facility which is located within the

region and which is established by a party state pursuant to designation

of that state as a host state by the Commission.

o. "Site" means the geographic location of a facility.

p. "State" means a state of the United States, the District of

Columbia, the commonwealth of Puerto Rico, the Virgin Islands, or any

other territorial possession of the United States.
Midwest

Interstate LowLevel

Radioactive

Waste

Commission,

establishnien.

Prohibition.

Contracts.

Contracts.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 343

q. "Storage" means the temporary holding of waste for treatment or

disposal.

r. "Treatment" means any method, technique or process, including

storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to

render the waste safer for transport or management, amenable to

recovery, convertible to another usable material, or reduced in volume. s. "Waste management" means the storage, transportation, treatment,

or disposal of waste.

Article Ill-The Commission

a. There is hereby created the Midwest Interstate Low-Level

Radioactive Waste Commission. The Commission consists of one voting

member from each party state. The Governor of each party state shall

notify the Commission in writing of its member and any alternates. An

alternate may act on behalf of the member only in that member's

absence. The method for selection and the expenses of each Commission

member shall be the responsibility of the member's respective state.

b. Each Commission member is entitled to one vote. No action of

the Commission is binding unless a majority of the total membership cast

their vote in the affirmative.

c. The Commission shall elect annually from among its members a chairperson. The Commission shall adopt and publish, in convenient

form, bylaws, and policies which are not inconsistent with this compact,

including procedures which substantially conform with the provisions of

federal law on administrative procedure compiled at 5 USC 500 to 559 in

regard to notice, conduct and recording of meetings; access by the public

to records; provision of information to the public; conduct of

adjudicatory hearings; and issuance of decisions.

d. The Commission shall meet at least once annually and shall also

meet upon the call of the chairperson or a Commission member.

e. All meetings of the commission shall be open to the public with

reasonable advance notice. The Commission may, by majority vote, close

a meeting to the public for the purpose of considering sensitive personnel

or legal strategy matters. However, all Commission actions and decisions

shall be made in open meetings and appropriately recorded.

f. The Commission may establish advisory committees for the

purpose of advising the Commission on any matters pertaining to waste

management.

g. The office of the Commission shall be in a party state. The

Commission may appoint or contract for and compensate such limited

staff necessary to carry out its duties and functions. The staff shall serve

at the Commission's pleasure with the exception that staff hired as the

result of securing federal funds shall be hired and governed under

applicable federal statutes and regulations. In selecting any staff, the

Commission shall assure that the staff has adequate experience and

formal training to carry out the functions assigned to it by the

Commission.

h. The Commission may:

1. Enter into an agreement with any person, state, or group of

states for the right to use regional facilities for waste generated

outside of the region and for the right to use facilities outside the

region for waste generated within the region. The right of any person

to use a regional facility for waste generated outside of the region

requires an affirmative vote of a majority of the Commission,
344 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

including the affirmative vote of the member of the host state in

which any affected regional facility is located.

2. Approve the disposal of waste generated within the region at a

facility other than a regional facility.

Reports. 3. Appear as an intervenor or party in interest before any court of

law or any federal, state or local agency, board or commission in any

matter related to waste management. In order to represent its views,

the Commission may arrange for any expert testimony, reports,

evidence or other participation.

4. Review the emergency closure of a regional facility, determine

the appropriateness of that closure, and take whatever actions are

necessary to ensure that the interests of the region are protected.

5. Take any action which is appropriate and necessary to perform

its duties and functions as provided in this compact.

6. Suspend the privileges or revoke the membership of a party

state by a two-thirds vote of the membership in accordance with

Article VIII.

i. The Commission shall:

1. Receive and act on the petition of a nonparty state to become

an eligible state.

Report. 2. Submit an annual report to, and otherwise communicate with,

the governors and the appropriate officers of the legislative bodies of

the party states regarding the activities of the Commission.

3. Hear, negotiate, and, as necessary, resolve by final decision

disputes which may arise between the party states regarding this

compact.

4. Adopt and amend, by a two-thirds vote of the membership, in

accordance with the procedures and criteria developed pursuant to

Article IV, a regional management plan which designates host states

for the establishment of needed regional facilities.

5. Adopt an annual budget.

j. Funding of the budget of the Commission shall be provided as

follows:

1. Each state, upon becoming a party state, shall pay $50,000 or

$1,000 per cubic meter of waste shipped from that state in 1980,

whichever is lower, to the Commission which shall be used for the

administrative costs of the Commission;

2. Each state hosting a regional facility shall levy surcharges on

all users of the regional facility based upon its portion of the total

volume and characteristics of wastes managed at that facility. The

surcharges collected at all regional facilities shall:

(a) Be sufficient to cover the annual budget of the Commission; and

(b) Represent the financial commitments of all party states to the

Commission; and

(c) Be paid to the Commission, provided, however, that each host

state collecting surcharges may retain a portion of the collection

sufficient to cover its administrative costs of collection, and that the

remainder be sufficient only to cover the approved annual budget of the

Commission.

Audit. k. The Commission shall keep accurate accounts of all receipts and

Contracts. disbursements. The Commission shall contract with an independent

Report. certified public accountant to annually audit all receipts and

disbursements of Commission funds, and to submit an audit report to the

Commission. The audit report shall be made a part of the annual report of

the Commission required by this Article.
Grants.

Report.

Transportation.

Prohibition.

I tealth.

Safety.

Health.

Safety.

Transportation.

Reports.

Studies.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 345

I. The Commission may accept for any of its purposes and functions

and may utilize and dispose of any donations, grants of money,

equipment, supplies, materials and services from any state or the United

States (or any subdivision or agency thereof), or interstate agency, or

from any institution, person, firm or corporation. The nature, amount

and condition, if any, attendant upon any donation or grant accepted or

received by the Commission together with the identity of the donor,

grantor or lender, shall be detailed in the annual report of the

Commission.

m. The Commission is not liable for any costs associated with any of

the following:

I. The licensing and construction of any facility.

2. The operation of any facility,

3. The stabilization and closure of any facility,

4. The care of any facility,

5. The extended institutional control, after care of any facility, or

6. The transportation of waste to any facility.

n. 1. The Commission is a legal entity separate and distinct from the

party states and is liable for its actions as a separate and distinct legal

entity. Liabilities of the Commission are not liabilities of the party states.

Members of the Commission are not personally liable for actions taken

by them in their official capacity.

2. Except as provided under sections m. and n. I. of this article,

nothing in this compact alters liability for any act, omission, course of

conduct or liability resulting from any causal or other relationships.

o. Any person aggrieved by a final decision of the Commission may

obtain judicial review of such decision in any court of competent

jurisdiction by filing in such court a petition for review within 60 days

after the Commission's final decision.

Article IV-Regional Management Plan

The Commission shall adopt a regional management plan designed to

ensure the safe and efficient management of waste generated within the

region. In adopting a regional waste management plan the Commission

shall:

a. Adopt procedures for determining, consistent with considerations

for public health and safety, the type and number of regional facilities

which are presently necessary and which are projected to be necessary to

manage waste generated within the region.

b. Develop and consider policies promoting source reduction of

waste generated within the region.

c. Develop and adopt procedures and criteria for identifying a party

state as a host state for a regional facility. In developing these criteria,

the Commission shall consider all the following:

1. The health, safety, and welfare of the citizens of the party

states.

2. The existence of regional facilities within each party state.

3. The minimization of waste transportation.

4. The volumes and types of wastes generated within each party

state.

5. The environmental, economic, and ecological impacts on the

air, land and water resources of the party states.

d. Conduct such hearings, and obtain such reports, studies, evidence

and testimony required by its approved procedures prior to identifying a

party state as a host state for a needed regional facility.
Exports.

Prohibition.

Regulations.

Transportation.

Prohibition.

346 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

e. Prepare a draft management plan, including procedures, criteria

and host states, including alternatives, which shall be made available in a

convenient form to the public for comment. Upon the request of a party

state, the Commission shall conduct a public hearing in that state prior to

the adoption of the management plan. The management plan shall

include the Commission's response to public and party state comment.

Article V-Rights And Obligations Of Party States

a. Each party state shall act in good faith in the performance of acts

and courses of conduct which are intended to ensure the provision of

facilities for regional availability and usage in a manner consistent with

this compact.

b. Each party state has the right to have all wastes generated within

its borders managed at regional facilities subject to the provisions

contained in Article IX.c. All party states have an equal right of access

to any facility made available to the region by any agreement entered into

by the Commission pursuant to Article ill.

c. Party states or generators may negotiate for the right of access to a

facility outside the region and may export waste outside the region

subject to Commission approval under Article Ill.

d. To the extent permitted by federal law, each party state may enforce any applicable federal and state laws, regulations and rules

pertaining to the packaging and transportation of waste generated within

or passing through its borders. Nothing in this section shall be construed

to require a party state to enter into any agreement with the U. S. Nuclear

Regulatory Commission.

e. Each party state shall provide to the Commission any data and

information the Commission requires to implement its responsibilities.

Each party state shall establish the capability to obtain any data and

information required by the Commission.

Article VI-Development And Operation Of Facilities

a. Any party state may volunteer to become a host state, and the

Commission may designate that state as a host state upon a two-thirds

vote of its members.

b. If all regional facilities required by the regional management plan

are not developed pursuant to. section a., or upon notification that an

existing regional facility will be closed, the Commission may designate a

host state.

c. Each party state designated as a host state is responsible for

determining possible facility locations within its borders. The selection

of a facility site shall not conflict with applicable federal and host state

laws, regulations and rules not inconsistent with this compact and shall

be based on factors including but not limited to geological,

environmental and economic viability of possible facility locations.

d. Any party state designated as a host state may request the

Commission to relieve that state of the responsibility to serve as a host

state. The Commission may relieve a party state of this responsibility only upon a showing by the requesting party state that no feasible

potential regional facility site of the type it is designated to host exists

within its borders.

e. After a state is designated a host state by the Commission, it is

responsible for the timely development and operation of a regional

facility.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 347

f. To the extent permitted by federal and state law, a host state shall

regulate and license any facility within its borders and ensure the

extended care of that facility.

g. The Commission may designate a party state as a host state while

a regional facility is in operation if the Commission determines that an

additional regional facility is or may be required to meet the needs of the

region. The Commission shall make this designation following the

procedures established under Article IV.

h. Designation of a host state is for a period of 20 years or the life of

the regional facility which is established under that designation, whichever is longer. Upon request of a host state, the Commission may

modify the period of its designation.

i. A host state may establish a fee system for any regional facility

within its borders. The fee system shall be reasonable and equitable. This

fee system shall provide the host state with sufficient revenue to cover

any cost, including but not limited to the planning, siting, licensure,

operation, decommissioning, extended care and long-term liability,

associated with such facilities. This fee system may also include

reasonable revenue beyond costs incurred for the host state, subject to

Audit. approval by the Commission A host shall submit an annual financial

audit of the operation of the regional facility to the Commission. The fee

system may include incentives for source reduction and may be based on

the hazard of the waste as well as the volume.

Health. j. A host state shall ensure that a regional facility located within its

Safety. borders which is permanently closed is properly decommissioned. A host

state shall also provide for the care of a closed or decommissioned

regional facility within its borders so that the public health and safety of

the state and region are ensured.

k. A host state intending to close a regional facility located within its

borders shall notify the Commission in writing of its intention and the

reasons. Notification shall be given to the Commission at least five years

prior to the intended date of closure. This section shall not prevent an

Prohibitions. emergency closing of a regional facility by a host state to protect its air,

land and water resources and the health and safety of its citizens.

However, a host state which has an emergency closing of a regional

facility shall notify the Commission in writing within three working days of its action and shall, within 30 working days of its action, demonstrate

justification for the closing.

1. If a regional facility closes before an additional or new facility becomes operational, waste generated within the region may be shipped

temporarily to any location agreed on by the Commission until a regional

facility is operational.

m. A party state which is designated as a host state by the

Commission and fails to fulfill its obligations as a host state may have its

privileges under the compact suspended or membership in the compact

revoked by the Commission.

Article VII-Other Laws And Regulations

Prohibitions. a. Nothing in this compact: I. Abrogates or limits the applicability of any act of Congress or

diminishes or otherwise impairs the jurisdiction of any federal agency

expressly conferred thereon by the Congress;

2. Prevents the enforcement of any other law of a party state

which is not inconsistent with this compact;
348 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

3. Prohibits any storage or treatment of waste by the generator on

its own premises;

4. Affects any administrative or judicial proceedings pending on

the effective date of this compact;

5. Alters the relations between and the respective internal

responsibility of the government of a party state and its subdivisions;

Research and 6. Affects the generation, treatment, storage or disposal of waste

development, generated by the atomic energy defense activities of the Secretary of

the U. S. Department of Energy or successor agencies or federal

research and development activities as described in section 3 1 of the

Atomic Energy Act of 1954 (42 USC 2051); or

Taxes. 7. Affects the rights and powers of any party state or its political

Transportation. subdivisions to the extent not inconsistent with this compact, to

regulate and license any facility or the transportation of waste within

its borders or affects the rights and powers of any party state and its

political subdivisions to tax or impose fees on the waste managed at

any facility within its borders.

Contracts. 8. Requires a party state to enter into any agreement with the U.

S. Nuclear Regulatory Commission.

9. Alters or limits liability of transporters of waste, owners and

operators of sites for their acts, omissions, conduct or relationships in

accordance with applicable laws.

b. For purposes of this compact, all state laws or parts of laws in

conflict with this compact are hereby superseded to the extent of the

conflict.

Prohibition. c. No law, rule or regulation of a party state or of any of its

Regulations. subdivisions or instrumentalities may be applied in a manner which

discriminates against the generators of another party state.

Article VIII-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

Delaware. a. Eligible parties to this compact are the states of Delaware, Illinois,

Illinois. Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota,

Indiana. Missouri, Nebraska, North Dakota, Ohio, South Dakota, Virginia and

Iowa. Wisconsin. Eligibility terminates on July 1, 1984.

Kansas. b. Any state not eligible for membership in the compact may petition

Kentucky. the Commission for eligibility. The Commission may establish

Maryland. appropriate eligibility requirements. These requirements may include but

Michigan. are not limited to, an eligibility fee or designation as a host state. A

Minnesota. petitioning state becomes eligible for membership in the compact upon

Missouri. the approval of the Commission, including the affirmative vote of all host

Nebraska. states. Any state becoming eligible upon the approval of the Commission

North Dakota. becomes a member of the compact in the same manner as any state

Ohio. eligible for membership at the time this compact enters into force.

South Dakota. c. An eligible state becomes a party state when the state enacts the

Virginia. compact into law and pays the membership fee required in Article 1llj. 1.

Wisconsin. d. The Commission is formed upon the appointment of Commission

members and the tender of the membership fee payable to the

Commission by three party states. The Governor of the first state to

enact this compact shall convene the initial meeting of the Commission.

The Commission shall cause legislation to be introduced in the Congress

which grants the consent of the Congress to this compact, and shall take

action necessary to organize the Commission and implement the

provision of this compact.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 349

Prohibition. e. Any party state may withdraw from this compact by repealing the

authorizing legislation but no withdrawal may take effect until five years

after the governor of the withdrawing state gives notice in writing of the

withdrawal to the Commission and to the governor of each party state.

Withdrawal does not affect any liability already incurred by' or

chargeable to a party state prior to the time of such withdrawal. Any host

state which grants a disposal permit for waste generated in a withdrawing

state shall void the permit when the withdrawal of that state is effective. f. Any party state which fails to comply with the terms of this

compact or fails to fulfill its obligations may have its privileges

suspended or its membership in the compact revoked by the Commission

in accordance with Article Ill.h.6. Revocation takes effect one year from

the date the affected party state receives written notice from the

Commission of its action. All legal rights of the affected party state

established under this compact cease upon the effective date of

revocation but any legal obligations of that party state arising prior to

revocation continue until they are fulfilled. The chairperson of the

Commission shall transmit written notice of a revocation of a party

states's membership in the compact immediately following the vote of

the Commission to the governor of the affected party state, all other

governors of the party states and the Congress of the United States.

Effective date. g. This compact becomes effective upon enactment by at least three

eligible states and consent to this compact by Congress. The Congress

shall have an opportunity to withdraw such consent every five years.

Failure of the Congress to affirmatively withdraw its consent has the

effect of renewing consent for an additional five year period. The consent

given to this compact by the Congress shall extend to any future

admittance of new party states under sections b. and c. of this article and

to the power of the Commission to ban the shipment of waste from the

region pursuant to Article Ill.

h. The withdrawal of a party state from this compact under section e.

of this article or the suspension or revocation of a state's membership in

this compact under section f. of this article does not affect the

applicability of this compact to the remaining party states.

i. A state which has been designated by the Commission to be a host

state has 90 days from receipt by the Governor of written notice of

designation to withdraw from the compact without any right to receive

refund of any funds already paid pursuant to this compact, and without

any further payment. Withdrawal becomes effective immediately upon

notice as provided in section e. of this article. A designated host state

which withdraws from the compact after 90 days and prior to fulfilling its

obligations shall be assessed a sum the Commission determines to be

necessary to cover the costs borne by the Commission and remaining

party states as a result of that withdrawal.

Article IX-Penalties a. Each party state shall prescribe and enforce penalties against any

person who is not an official of another state for violation of any

provision of this compact.

b. Unless otherwise authorized by the Commission pursuant to

Article IllI.h. after January 1, 1986, it is a violation of this compact:

I. For any person to deposit at a regional facility waste not

generated within the region;

2. For any regional facility to accept waste not generated

within the region;
Exports.

Regulations.

Provisions held

invalid,

42 USC 2021d

note.

Arizona.

Colorado.

Nevada. New

Mexico. Utah.

Wyoming.

350 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

3. For any person to export from the region waste which is

generated within the region; or

4. For any person to dispose of waste at a facility other than

a regional facility.

c. Each party state acknowledges that the receipt by a host state of

waste packaged or transported in violation of applicable laws, rules and

regulations may result in the imposition of sanctions by the host state

which may include suspension or revocation of the violator's right of

access to the facility in the host state.

d. Each party state has the right to seek legal recourse against any

party state which acts in violation of this compact.

Article X-Severability And Construction

The provisions of this compact shall be severable and if any phrase,

clause, sentence or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution of any

participating state or of the United States or the applicability thereof to

any government, agency, person or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person or circumstance shall not be affected

thereby. If any provision of this compact shall be held contrary to the

Constitution of any state participating therein, the compact shall remain

in full force and effect as to the state affected as to all severable matters.

Sec. 226. Rocky Mountain Low-Level Radioactive Waste Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 USC 2021d(a)(2)), the consent of the Congress

hereby is given to the States of Arizona, Colorado, Nevada, New Mexico,

Utah, and Wyoming to enter into the Rocky Mountain Interstate LowLevel Radioactive Waste Compact. Such compact is substantially as

follows:

Rocky Mountain Low-Level Radioactive Waste Compact

Article I-Findings And Purpose

Research and (a) The party states agree that each state is responsible for providing

development, for the management of low-level radioactive waste generated within its

borders, except for waste generated as a result of defense activities of the

federal government or federal research and development activities.

42 USC 2021b Moreover, the party states find that the United States Congress, by

note. enacting the "Low-Level Radioactive Waste Policy Act" (P.L. 96-573),

has encouraged the use of interstate compacts to provide for the

establishment and operation of facilities for regional management of lowlevel radioactive waste.

I lealth. (b) It is the purpose of the party states, by entering into an interstate

Safety. compact, to establish the means for cooperative effort in managing lowlevel radioactive waste; to ensure the availability and economic viability

of sufficient facilities for the proper and efficient management of lowlevel radioactive waste generated within the region while preventing

unnecessary and uneconomic proliferation of such facilities; to encourage

reduction of the volume of low-level radioactive waste requiring disposal

within the region; to restrict management within the region of low-level

radioactive waste generated outside the region; to distribute the costs,

benefits and obligations of low-level radioactive waste management

equitably among the party states; and by these means to promote the

health, safety and welfare of the residents within the region.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 351

Article Il-Definitions

As used in this compact, unless the context clearly indicates

otherwise:

(a) "Board" means the Rocky Mountain low-level radioactive

waste board;

(b) "Carrier" means a person who transports low-level waste;

(c) "Disposal" means the isolation of waste from the biosphere,

with no intention of retrieval, such as by land burial;

(d) "Facility" means any property, equipment or structure used or to be used for the management of low-level waste;

(e) "Generate" means to produce low-level waste;

(f) "Host state" means a party state in which a regional facility is

located or being developed;

(g) "Low-level waste" or "waste" means radioactive waste other

than:

(i) Waste generated as a result of defense activities of the

federal government or federal research and development

activities;

(ii) High-level waste such as irradiated reactor fuel, liquid

waste from reprocessing irradiated reactor fuel, or solids into

which any such liquid waste has been converted;

(iii) Waste material containing transuranic elements with

contamination levels greater than ten (10) nanocuries per gram of

waste material;

(iv) By-product material as defined in section I le.(2) of the

"Atomic Energy Act of 1954," as amended November 8, 1978; or

(v) Wastes from mining, milling, smelting or similar

processing of ores and mineral-bearing material primarily for

minerals other than radium.

(h) "Management" means collection, consolidation, storage,

treatment, incineration or disposal;

(i) "Operator" means a person who operates a regional facility;

(j) "Person" means an individual, corporation, partnership or other

legal entity, whether public or private;

(k) "Region" means the combined geographic area within the

boundaries of the party states; and

(I) "Regional facility" means a facility within any party state

which either:

(i) has been approved as a regional facility by the board; or

Nevada. (ii) is the low-level waste facility in existence on January 1,

1982, at Beatty, Nevada.

Article Ill-Rights, Responsibilities, And Obligations

Nevada. (a) There shall be regional facilities sufficient to manage the lowlevel waste generated within the region. At least one (1) regional facility

shall be open and operating in a party state other than Nevada within six

(6) years after this compact becomes law in Nevada and in one (1) other

state.

Health. (b) Low-level waste generated within the region shall be managed at

Safety. regional facilities without discrimination among the party states;

provided, however, that a host state may close a regional facility when

necessary for public health or safety.

(c) Each party state which, according to reasonable projections made

by the board, is expected to generate twenty percent (20%) or more in
352 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

cubic feet except as otherwise determined by the board of the low-level

waste generated within the region has an obligation to become a host

state in compliance with subsection (d) of this article.

(d) A host state, or a party state seeking to fulfill its obligation to

become a host state, shall:

(i) Cause a regional facility to be developed on a timely basis as

determined by the board, and secure the approval of such regional

facility by the board as provided in Article IV before allowing site

preparation or physical construction to begin;

Health. (ii) Ensure by its own law, consistent with any applicable federal

Safety. law, the protection and preservation of public health and safety in the

siting, design, development, licensure or other regulation, operation,

closure, decommissioning and long-term care of the regional facilities

within the state;

(iii) Subject to the approval of the board, ensure that charges for

management of low-level waste at the regional facilities within the

state are reasonable;

(iv) Solicit comments from each other party state and the board

regarding siting, design, development, licensure or other regulation,

operation, closure, decommissioning and long-term care of the

regional facilities within the state and respond in writing to such

comments;

Report, (v) Submit an annual report to the board which contains

projections of the anticipated future capacity and availability of the

regional facilities within the state, together with other information

required by the board; and

Report, (vi) Notify the board immediately if any exigency arises requiring

the possible temporary or permanent closure of a regional facility

within the state at a time earlier than was projected in the state's most

recent annual report to the board.

Nevada. (e) Once a party state has served as a host state, it shall not be

obligated to serve again until each other party state having an obligation

under subsection (c) of this article has fulfilled that obligation, Nevada,

already being a host state, shall not be obligated to serve again as a host

state until every other party state has so served.

(f) Each party state:

Regulations. (i) Agrees to adopt and enforce procedures requiring low-level

Transportation. waste shipments originating within its borders and destined for a

regional facility to conform to packaging and transportation

requirements and regulations. Such procedures shall include but are

not limited to:

(A) Periodic inspection of packaging and shipping practices;

(B) Periodic inspections of waste containers while in the

custody of carriers; and

(C) Appropriate enforcement actions with respect to

violations.

Regulations. (ii) Agrees that after receiving notification from a host state that a

Transportation. person in the party state has violated packaging, shipping or

transportation requirements or regulations, it shall take appropriate

action to ensure that violations do not recur. Appropriate action may

include but is not limited to the requirement that a bond be posted by

the violator to pay the cost of repackaging at the regional facility and

the requirement that future shipments be inspected;

(iii) May impose fees to recover the cost of the practices provided

for in paragraph (i) and (ii) of this subsection;
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 353

(iv) Shall maintain an inventory of all generators within the state

that may have low-level waste to be managed at a regional facility;

and

Regulations. (v) May impose requirements or regulations more stringent than

those required by this subsection.

Article IV-Board Approval Of Regional Facilities

(a) Within ninety (90) days after being requested to do so by a party

state, the board shall approve or disapprove a regional facility to be

located within that state.

(b) A regional facility shall be approved by the board if and only if

the board determines that:

(i) There will be, for the foreseeable future, sufficient demand to

render operation of the proposed facility economically feasible

without endangering the economic feasibility of operation of any

other regional facility; and

(ii) The facility will have sufficient capacity to serve the needs of

the region for a reasonable period of years.

Article V-Surcharges

(a) The board shall impose a "compact surcharge" per unit of waste

received at any regional facility. The surcharge shall be adequate to pay

the costs and expenses of the board in the conduct of its authorized

activities and may be increased or decreased as the board deems

necessary. (b) A host state may impose a "state surcharge" per unit of waste

received at any regional facility within the state. The host state may fix

and change the amount of the state surcharge subject to approval by the

board. Money received from the state surcharge may be used by the host

state for any purpose authorized by its own law, including but not limited

to costs of licensure and regulatory activities related to the regional

facility, reserves for decommissioning and long-term care of the regional

facility and local impact assistance.

Article VI-The Board

Prohibition. (a) The "Rocky Mountain low-level radioactive waste board", which

Rocky shall not be an agency or instrumentality of any party state, is created.

Mountain (b) The board shall consist of one (1) member from each party state.

Low-Level The governor shall determine how and for what term its member shall be

Radioactive appointed, and how and for what term any alternate may be appointed to

Waste Board. perform that member's duties on the board in the member's absence.

establishment. (c) Each party state is entitled to one (1) vote. A majority of the

board constitutes a quorum. Unless otherwise provided in this compact,

a majority of the total number of votes on the board is necessary for the

board to take any action.

(d) The board shall meet at least once a year and otherwise as its

business requires. Meetings of the board may be held in any place within

the region deemed by the board to be reasonably convenient for the

attendance of persons required or entitled to attend and where adequate

accommodations may be found. Reasonable public notice and

opportunity for comment shall be given with respect to any meeting;

provided, however, that nothing in this subsection shall preclude the

board from meeting in executive session when seeking legal advice from

its attorneys or when discussing the employment, discipline or

termination of any of its employees.
354 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(e) The board shall pay necessary travel and reasonable per diem

expenses of its members, alternates, and advisory committee members.

(f) The board shall organize itself for the efficient conduct of its

business. It shall adopt and publish rules consistent with this compact

regarding its organization and procedures. In special circumstances the

board, with unanimous consent of its members, may take actions by

telephone; provided, however, that any action taken by telephone shall be

confirmed in writing by each member within thirty (30) days. Any

action taken by telephone shall be noted in the minutes of the board.

(g) The board may use for its purposes the services of any personnel

or other resources which may be offered by any party state.

(h) The board may establish its offices in space provided for that

purpose by any of the party states, or, if space is not provided or is

deemed inadequate, in any space within the region selected by the board.

Contracts. (i) Consistent with available funds, the board may contract for

necessary personnel services to carry out its duties. Staff shall be

employed without regard for the personnel, civil service, or merit system

laws of any of the party states and shall serve at the pleasure of the board.

The board may provide appropriate employee benefit programs for its

staff.

(j) The board shall establish a fiscal year which conforms to the

extent practicable to the fiscal years of the party states.

(k) The board shall keep an accurate account of all receipts and

Audit. disbursements. An annual audit of the books of the board shall be

Report. conducted by an independent certified public accountant, and the audit

report shall be made a part of the annual report of the board.

Report. (I) The board shall prepare and include in the annual report a budget

showing anticipated receipts and disbursements for the ensuing year.

(m) Upon legislative enactment of this compact, each party state shall

consider the need to appropriate seventy thousand dollars ($70,000.00) to

the board to support its activities prior to the collection of sufficient

funds through the compact surcharge imposed pursuant to subsection (a)

of article V of this compact.

Grants. (n) The board may accept any donations, grants, equipment, supplies,

Report. materials or services, conditional or otherwise, from any source. The

nature, amount and condition, if any, attendant upon any donation, grant

or other resources accepted pursuant to this subsection, together with the

identity of the donor or grantor, shall be detailed in the annual report of

the board,

(o) In addition to the powers and duties conferred upon the board

pursuant to other provisions of this compact, the board:

Report. (i) Shall submit communications to the governors and to the

presiding officers of the legislatures of the party states regarding the

activities of theboard, including an annual report to be submitted by

December 15; (ii) May assemble and make available to the governments of the

party states and to the public through its members information

concerning low-level waste management needs, technologies and

problems;

(iii) Shall keep a current inventory of all generators within the

region, based upon information provided by the party states;

(iv) Shall keep a current inventory of all regional facilities,

including information on the size, capacity, location, specific wastes

capable of being managed and the projected useful life of each

regional facility;
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 355

(v) May keep a current inventory of all low-level waste facilities

in the region, based upon information provided by the party states;

(vi) Shall ascertain on a continuing basis the needs for regional

facilities and capacity to manage each of the various classes of lowlevel waste;

(vii) May develop a regional low-level waste management plan;

(viii) May establish such advisory committees as it deems

necessary for the purpose of advising the board on matters pertaining

to the management of low-level waste;

Contracts. (ix) May contract as it deems appropriate to accomplish its duties

Prohibition. and effectuate its powers, subject to its projected available resources;

but no contract made by the board shall bind any party state;

(x) Shall make suggestions to appropriate officials of the party

states to ensure that adequate emergency response programs are

available for dealing with any exigency that might arise with respect

to low-level waste transportation or management;

(xi) Shall prepare contingency plans, with the cooperation and

approval of the hose state, for management of low-level waste in the

event any regional facility should be closed;

Records. (xii) May examine all records of operators of regional facilities

pertaining to operating costs, profits or the assessment or collection of

any charge, fee or surcharge;

(xiii) Shall have the power to sue; and

(xiv) When authorized by unanimous vote of its members, may

intervene as of right in any administrative or judicial proceeding

involving low-level waste.

Article VII-Prohibited Acts And Penalties

(a) It shall be unlawful for any person to dispose of low-level waste

within the region, except at a regional facility; provided, however, that a

generator who, prior to January 1, 1982, had been disposing of only his

own waste on his own property may, subject to applicable federal and

state law, continue to do so.

Expoils. (b) After January 1, 1986, it shall be unlawful for any person to

export low-level waste which was generated within the region outside the

region unless authorized to do so by the board. In determining whether

to grant such authorization, the factors to be considered by the board

shall include, but not be limited to, the following:

(i) The economic impact of the export of the waste on the regional

facilities;

(ii) The economic impact on the generator of refusing to permit

the export of the waste; and

(iii) The availability of a regional facility appropriate for the

disposal of the waste involved.

(c) After January I, 1986, it shall be unlawful for any person to

manage any low-level waste within the region unless the waste was

generated within the region or unless authorized to do so both by the

board and by the state in which said management takes place. In

determining whether to grant such authorization, the factors to be

considered by the board shall include, but not be limited to, the

following:

Imports. (i) the impact of importing waste on the available capacity and

projected life of the regional facilities;

(ii) the economic impact on the regional facilities; and
356 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(iii) the availability of a regional facility appropriate for the

disposal of the type of waste involved.

(d) It shall be unlawful for any person to manage at a regional facility

any radioactive waste other than low-level waste as defined in this

compact, unless authorized to do so both by the board and the host state.

In determining whether to grant such authorization, the factors to be

considered by the board shall include, but not be limited to, the

following:

(i) the impact of allowing such management on the available

capacity and projected life of the regional facilities;

(ii) the availability of a facility appropriate for the disposal of the

type of waste involved;

(iii) the existence oftransuranic elements in the waste; and

(iv) the economic impact on the regional facilities.

(e) Any person who violates subsection (a) or (b) of this article shall

be liable to the board for a civil penalty not to exceed ten (10) times the

charges which would have been charged for disposal of the waste at a

regional facility.

(f) Any person who violates subsection (c) or (d) of this article shall

be liable to the board for a civil penalty not to exceed ten (10) times the

charges which were charged for management of the waste at a regional

facility.

(g) The civil penalties provided for in subsections (e) and (f) of this

article may be enforced and collected in any court of general jurisdiction within the region where necessary jurisdiction is obtained by an

appropriate proceeding commenced on behalf of the board by the

attorney general of the party state wherein the proceeding is brought or

by other counsel authorized by the board. In any such proceeding, the

board, if it prevails, is entitled to recover reasonable attorney's fees as

part of its costs.

(h) Out of any civil penalty collected for a violation of subsection (a)

or (b) of this article, the board shall pay to the appropriate operator a sum

sufficient in the judgment of the board to compensate the operator for

any loss of revenue attributable to the violation. Such compensation may be subject to state and compact surcharges as if received in the normal

course of the operator's business. The remainder of the civil penalty

collected shall be allocated by the board. In making such allocation, the

board shall give first priority to the needs of the long-term care funds in

the region.

(i) Any civil penalty collected for a violation of subsection (c) or (d)

of this article shall be allocated by the board. In making such allocation,

the board shall give first priority to the needs of the long-term care funds

in the region.

j) Violations of subsection (a), (b), (c), or (d) of this article may be

enjoined by any court of general jurisdiction within the region where

necessary jurisdiction is obtained in any appropriate proceeding

commenced on behalf of the board by the attorney general of the party

state wherein the proceeding is brought or by other counsel authorized by

the board. In any such proceeding, the board, if it prevails, is entitled to

recover reasonable attorney's fees as part of its costs.

Prohibition. (k) No state attorney general shall be required to bring any

proceeding under any subsection of this article, except upon his consent.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 357

Article VIII-Eligibility, Entry Into Effect, Congressional Consent,

Withdrawal, Exclusion

Arizona. (a) Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming

Colorado. are eligible to become parties to this compact. Any other state may be

Nevada. made eligible by unanimous consent of the board.

New Mexico. (b) An eligible state may become a party state by legislative

Utah. enactment of this compact or by executive order of its governor this

Wyoming. adopting compact; provided, however, a state becoming a party by

executive order shall cease to be a party state upon adjournment of the

first general session of its legislature convened thereafter, unless before

such adjournment the legislature shall have enacted this compact.

Effective date. (c) This compact shall take effect when it has been enacted by the

legislatures of two (2) eligible states. However, subsections (b) and (c) of

article VII shall not take effect until Congress has by law consented to

this compact. Every five (5) years after such consent has been given,

Congress may by law withdraw its consent.

Nevada. (d) A state which has become a party state by legislative enactment

may withdraw by legislation repealing its enactment of this compact; but

not such repeal shall take effect until two (2) years after enactment of the

repealing legislation. If the withdrawing state is a host state, any regional

facility in that state shall remain available to receive low-level waste

generated within the region until five (5) years hfter the effective date of

the withdrawal; provided, however, this provision shall not apply to the

existing facility in Beatty, Nevada.

(e) A party state may be excluded from this compact by a two-thirds

(2/3) vote of the members representing the other party states, acting in a meeting, on the ground that the state to be excluded has failed to carry

out its obligation under this compact. Such an exclusion may be

terminated upon a two-thirds (2/3) vote of the members acting in a

meeting.

Prohibition.

Provisions held

invalid.

42 USC 2021d

note.

42 USC 2021d.

Connecticut.

Delaware.

Maryland.

New Jersey.

Article IX-Construction And Severability

(a) The provisions of this compact shall be broadly construed to carry

out the purposes of the compact.

(b) Nothing in this compact shall be construed to affect any judicial

proceeding pending on the effective date of this compact.

(c) If any part or application of this compact is held invalid, the

remainder, or its application to other situations or persons, shall not be

affected.

See. 227. Northeast Interstate Low-Level Radioactive Waste

Management Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act, the consent of the Congress is hereby given to the

States of Connecticut, New Jersey, Delaware, and Maryland to enter into

the Northeast Interstate Low-Level Radioactive Waste Management

Compact. Such compact is substantially as follows:

Northeast Interstate Low-Level Radioactive Waste

Management Compact

Article I-Policy And Purpose

Research and There is hereby created the Northeast Interstate Low-Level

development. Radioactive Waste Management Compact. The party states recognize that the Congress has declared that each state is responsible for providing

for the availability of capacity, either within or outside its borders, for
358 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

disposal of low-level radioactive waste generated within its borders,

except for waste generated as a result of atomic energy defense activities

42 USC 202 1d of the federal government, as defined in the Low-Level Radioactive

note. Waste Policy Act (P. L. 96-573, "The Act"), or federal research and

development activities. They also recognize that the management of lowlevel radioactive waste is handled most efficiently on a regional basis.

The party states further recognize that the Congress of the United States,

by enacting the Act has provided for and encouraged the development of

regional low-level radioactive waste, compacts to manage such waste.

The party states recognize that the long-term, safe and efficient

management of low-level radioactive waste generated within the region

requires that sufficient capacity to manage such waste be properly

provided.

HIealth. In order to promote the health and safety of the region, it is the policy

Safety. of the party states to: enter into a regional low-level radioactive waste

management compact as a means of facilitating an interstate cooperative

effort, provide for proper transportation of low-level waste generated in

the region, minimize the number of facilities required to effectively and

efficiently manage low-level radioactive waste generated in the region,

encourage the reduction of the amounts of low-level waste generated in

the region, distribute the costs, benefits, and obligations of proper lowlevel radioactive waste management equitably among the party states,

and ensure the environmentally sound and economical management of

low-level radioactive waste.

Article Il-Definitions

As used in this compact, unless the context clearly requires a different

construction:

a. "commission" means the Northeast Interstate Low-Level

Radioactive Waste Commission established pursuant to Article IV of this

compact;

b. "custodial agency" means the agency the government designated

to act on behalf of the government owner of the regional facility;

c. "disposal" means the isolation of low-level radioactive waste from

the biosphere inhabited by man and his food chains;

d. "facility" means a parcel of land, together with the structures,

equipment and improvements thereon or appurtenant thereto, which is

used or is being developed for the treatment, storage or disposal of lowlevel waste, but shall not include on-site treatment or storage by a

generator;

e. "generator" means a person who produces or processes low-level

waste, but does not include persons who only provide a service by

arranging for the collection, transportation, treatment, storage or disposal

of wastes generated outside the region;

f. "high-level waste" means I) the highly radioactive material

resulting from the reprocessing of spent nuclear fuel, including liquid

waste produced directly in reprocessing and any solid material derived

from such liquid waste that contains fission products in sufficient

concentration; and 2) any other highly radioactive material determined by

the federal government as requiring permanent isolation;

g. "host state" means a party state in which a regional facility is

located or being developed;

h. "institutional control" means the continued observation,

monitoring, and care of the regional facility following transfer of control

of the regional facility from the operator to the custodial agency;
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 359

i. "low-level waste" means radioactive waste that 1) is neither highlevel waste nor transuranic waste, nor spent nuclear fuel, nor by-product

material as defined in section I le (2) of the Atomic Energy Act of 1954

as amended; and 2) is classified by the federal government as low-level

waste, consistent with existing law; but does not include waste generated

as a result of atomic energy defense activities of the federal government,

as defined in P. L. 96-573, or federal research and development

activities;

j. "party state" means any state which is a signatory party in good

standing to this compact;

k. "person" means an individual, corporation, business enterprise or

other legal entity, either public or private and their legal successors;

I. "post-closure observation and maintenance" means the continued

monitoring of a closed regional facility to ensure the integrity and

environmental safety of the site through compliance with applicable

licensing and regulatory requirements; prevention of unwarranted

intrusion, and correction of problems;

m. "region" means the entire area of the party states;

n. "regional facility" means a facility as defined in this section which

has been designated or accepted by the Commission;

o. "state" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any

other territory subject to the laws of the United States;

p. "storage" means the holding of waste for treatment or disposal;

q. "transuranic waste" means waste material containing radionuclides

with an atomic number greater than 92 which are excluded from shallow

land burial by the federal government;

r. "treatment" means any method, technique or process, including

storage for decay, designed to change the physical, chemical or

biological characteristics or composition of any waste in order to render

such waste safer for transport or disposal, amenable for recovery,

convertible to another usable material or reduced in volume;

s. "waste" means low-level radioactive waste as defined in this

section;

t. "waste management" means the storage, treatment, transportation,

and disposal, where applicable, of waste.

Article I11-Rights And Obligations

a. There shall be provided within the region one or more regional

facilities which, together with such other facilities as may be made

available to the region, will provide sufficient capacity to manage all

wastes generated within the region.

Exports. 1. Regional facilities shall be entitled to waste generated within

Prohibition. the region, unless otherwise provided by the Commission. To the extent

regional facilities are available, no waste generated within a party state

shall be exported to facilities outside the region unless such exportation

is approved by the Commission and the affected host state(s).

Prohibition. 2. After January 1, 1986, no person shall deposit at a regional

facility waste generated outside the region, and further, no regional

facility shall accept waste generated outside the region, unless

approved by the Commission and the affected host state(s).

b. The rights, responsibilities and obligations of each party state to

this- compact are as follows:

I. Each party state shall have the right to have all wastes

generated within its borders managed at regional facilities, and shall
360 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

have the right of access to facilities made available to the region

through agreements entered into by the Commission pursuant to

Article IV(i)(l 1). The right of access by a generator within a party

state to any regional facility is limited by the generator's adherence to

applicable state and federal laws and regulations and the provisions of

this compact.

Regulations. 2. To the extent not prohibited by federal law, each party state

Transportation. shall institute procedures which will require shipments of low-level

waste generated within or passing through its borders to be consistent

with applicable federal packaging and transportation regulations and

applicable host state packaging and transportation regulations for

management of low-level waste; provided, however, that these

practices shall not impose unreasonable, burdensome impediments to

the management of low-level waste in the region. Upon notification

by a host state that a generator, shipper, or carrier within the party

state is in violation of applicable packaging or transportation

regulations, the party state shall take appropriate action to ensure that

such violations do not recur.

3. Each party state may impose reasonable fees upon generators,

shippers, or carriers to recover the cost of inspections and other

practices under this compact.

4. Each party state shall encourage generators within its borders

to minimize the volumes of waste requiring disposal.

5. Each party state has the right to rely on the good faith

performance by every other party state of acts which ensure the

provision of facilities for regional availability and their use in a

manner consistent with this compact.

6. Each party state shall provide to the Commission any data and

information necessary for the implementation of the Commission's

responsibilities, and shall establish the capability to obtain any data

and information necessary to meet its obligation as herein defined.

7. Each party state shall have the capability to host a regional

facility in a timely manner and to ensure the post-closure observation

and maintenance, and institutional control of any regional facility

within its borders.

Prohibition. 8. No non-host party state shall be liable for any injury to persons

Transportation. or property resulting from the operation of a regional facility or the

transportation of waste to a regional facility; however, if the host state

itself is the operator of the regional facility, its liability shall be that

of any private operator.

c. The rights, responsibilities and obligations of a host state are as

follows:

1. To the extent not prohibited by federal law, a host state

shall ensure the timely development and the safe operation, closure,

post-closure observation and maintenance, and institutional control of

any regional facility within its borders.

2. In accordance with procedures established in Articles V

and IX, the host state shall provide for the establishment of a

Prohibition. reasonable structure of fees sufficient to cover all costs related to the

development, operation, closure, post-closure observation and

maintenance, and maintenance, and institutional control of a regional

facility. It may also establish surcharges to cover the regulatory

costs, incentives, and compensation associated with a regional

facility; provided, however, that without the express approval of the
Prohibition.

Regulations.

Report.

Audit.

Report.

Studies.

Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 361

Commission, no distinction in fees or surcharges shall be made

between persons of the several states party to this compact.

3. To the extent not prohibited by federal law, a host state

may establish requirements and regulations pertaining to the

management of waste at a regional facility; provided, however, that

such requirements shall not impose unreasonable impediments to the

management of low-level waste within the region. Nor may a host

state or a subdivision impose such restrictive requirements on the

siting or operation of a regional facility that, along or as a whole, they

serve as unreasonable barriers or prohibitions to the siting or

operation of such a facility.

4. Each host state shall submit to the Commission annually a

report concerning each operating regional facility within its borders.

The report shall contain projections of the anticipated future capacity

and availability of the regional facility, a financial audit of its

operations, and other information as may be required by the

Commission; and in the case of regional facilities in institutional

control or otherwise no longer operating, the host states shall furnish

such information as may be required on the facilities still subject to

their jurisdiction.

5. A host state shall notify the Commission immediately if any

exigency arises which requires the permanent, temporary, or possible

closure of any regional facility located therein at a time earlier than

projected in its most recent annual report to the Commission. The

Commission may conduct studies, hold hearings, or take such other

measures to ensure that the actions taken are necessary and

compatible with the obligations of the host state under this compact.

Article IV-The Commission

Northeast a. There is hereby created the Northeast Interstate Low-Level

Interstate Low- Radioactive Waste Commission. The Commission shall consist of one

Level member from each party state to be appointed by the Governor according

Radioactive to procedures of each party state, except that a host state shall have two

Waste members during the period that it has an operating regional Governor

Commission, shall notify the Commission in writing of the identity of the facility. The

establishment, member and one alternate, who may act on behalf of the member only in

the member's absence.

Prohibition. b. Each Commission member shall be entitled to one vote. No action

of the Commission shall be binding unless a majority of the total

membership cast their vote in the affirmative.

Regulations. c. The Commission shall elect annually from among its members a

presiding officer and such other officers as it deems appropriate. The

Commission shall adopt and publish, in convenient form, such rules and

regulations as are necessary for due process in the performance of its

duties and powers under this compact.

d. The Commission shall meet at least once a year and shall also meet

upon the call of the presiding officer, or upon the call of a party state

member.

e. All meetings of the Commission shall be open to the public with

reasonable prior public notice. The Commission may, by majority vote,

close a meeting to the public for the purpose of considering sensitive

personnel or legal matters. All Commission actions and decisions shall

be made in open meetings and appropriately recOrded. A roll call vote

may be required upon request of any party state or the presiding officer.
362 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

f. The Commission may establish such committees as it deems

necessary.

Contracts. g. The commission may appoint, contract for, and compensate such

limited staff as it determines necessary to carry out its duties and

functions. The staff shall serve at the Commission's pleasure irrespective

of the civil service, personnel or other merit laws of any of the party

states or the federal government and shall be compensated from funds of

the Commission.

h. The Commission shall adopt an annual budget for its operations.

i. The Commission shall have the following duties and powers:

1. The Commission shall receive and act on the application of a

non-party state to become an eligible state in accordance with Article

VII(e).

2. The Commission shall receive and act on the application of an

eligible state to become a party state in accordance with Article

V 1(b). Report. 3. The commission shall submit an annual report to and otherwise

communicate with the governors and the presiding officer of each

body of the legislature of the party states regarding the activities of

the Commission.

4. Upon request of party states, the Commission shall meditate

disputes which arise between the party states regarding this compact.

5. The Commission shall develop, adopt and maintain a regional

management plan to ensure safe and effective management of waste

within the region, pursuant to Article V.

Report. 6. The Commission may conduct such legislative or adjudicatory

Studies. hearings, and require such reports, studies, evidence and testimony as

are necessary to perform its duties and functions.

Regulation. 7. The Commission shall establish by regulation, after public

notice and opportunity for comment, such procedural regulations as

deemed necessary to ensure efficient operation, the orderly gathering

of information, and the protection of the rights of due process of

affected persons.

8. In accordance with the procedures and criteria set forth in

Article V, the Commission shall accept a host state's proposed

facility as a regional facility.

9. In accordance with the procedures and criteria set forth in

Article V, the Commission may designate, by a two-thirds vote, host

Prohibition. states for the establishment of needed regional facilities. The

Commission shall not exercise this authority unless the party states

have failed to voluntarily pursue the development of such facilities.

10. The commission may require of and obtain from party states,

eligible states seeking to become party states, and non-party states

seeking to become eligible states, data and information necessary for

the implementation of Commission responsibilities.

Contracts. II. The Commission may enter into agreements with any

Imports. person, state, regional body, or group of states for the importation of

waste into the region and for the right of access to facilities outside

the region for waste generated within the region. Such authorization

to import requires a two-thirds majority vote of the Commission,

including an affirmative vote of the representatives of the host state in

which any affected regional facility is located. This shall be done

only after the Commission and the host state have made an

assessment of the affected facilities' capability to handle such wastes
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 363

and of relevant environmental, economic, and public health factors,

as defined by the appropriate regulatory authorities.

Exports. 12. The Commission may, upon petition, grant an individual

generator or group of generators in the region the right to export

wastes to a facility located outside the region. Such grant of right

shall be for a period of time and amount of waste and on such other

terms and conditions as determined by the Commission and

approved by the affected host states.

Report. 13. The Commission may appear as an intervenor or party in

interest before any court of law, federal, state or local agency, board

or commission that has jurisdiction over the management of wastes.

Such authority to intervene or otherwise appear shall be exercised

only after a two-thirds vote of the Commission.

views, the Commission may arrange for any expert testimony,

reports, evidence or other participation as it deems necessary.

14..The Commission may impose sanctions, including but not

limited to, fines, suspension of privileges and revocation of the

membership of a party state in accordance with Article VII. The

Commission shall have the authority to revoke, in accordance with

Article VII(g), the membership of a party state that creates

unreasonable barriers to the siting of a needed regional facility or

refuses to accept host state responsibilities upon designation by the

Commission.

Regulation. 15. The Commission shall establish by regulation criteria for and

shall review the fee and surcharge systems in accordance with

Articles V and IX.

16. The Commission shall review the capability of party states to

ensure the siting, operation, post-closure observation and

maintenance, and institutional control of any facility within its

borders.

17. The Commission shall review the compact legislation every

five years prior to federal congressional review provided for in the

Act, and may recommend legislative action.

Regulations. 18. The Commission has the-authority to develop and provide to

party states such rules, regulations and guidelines as it deems

appropriate for the efficient, consistent, fair and reasonable

implementation of the compact.

j. There is hereby established a Commission operating account. The

Commission is authorized to expend monies from such account for the

expenses of any staff and consultants designated under section (g) of this

Article and for official Commission business. Financial support of the

Commission account shall be provided as follows:

I. Each eligible state, upon becoming a party state, shall pay

$70,000 to the Commission, which shall be used for administrative

cost of the Commission.

2. The commission shall impose a "commission surcharge" per

unit of waste received at any regional facility as provided in Article

V.

3. Until such time as at least one regional facility is in operation

and accepting waste for management, or to the extent that revenues under paragraphs (1) and (2) of this section are unavailable or

insufficient to cover the approved annual budget of the Commission,

each party state shall pay an apportioned amount of the difference

between the funds available and the total budget in accordance with

the following formula:
364 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

(a) 20 percent in equal shares;

(b) 30 percent in the proportion that the population of the party

state bears to the total population of all party states, according to

the most recent U. S. census;

(c) 50 percent in the proportion that the waste generated for

management in each party state bears to the total waste generated

for management in the region for the most recent calendar year in

which reliable data are available, as determined by the

Commission.

k. The Commission shall keep accurate accounts of all receipts and

Audit. disbursements. An independent certified public accountant shall annually

Report. audit all receipts and disbursements of Commission accounts and funds

and submit an audit report to the Commission. Such audit report shall be

made a part of the annual report of the Commission required by Article

IV(i)(3).

Grants. I. The Commission may accept, receive, utilize and dispose for any

Loans. of this purposes and functions any and all donations, loans, grants of

money, equipment, supplies, materials and services (conditional or

otherwise) from any state or the United States or any subdivision or

agency thereof, or interstate agency, or from any institution, person, firm

Report. or corporation. The nature, amount and condition, if any, attendant upon

any donation, loans, or grant accepted pursuant to this paragraph,

together with the identity of the donor, grantor, or lender, shall be

detailed in the annual report of the Commission. The Commission shall

by rule establish guidelines for the acceptance of donations, loans, grants

of money, equipment, supplies, materials and services. This shall provide

that no donor, grantor or lender may derive unfair or unreasonable

advantage in any proceeding before the Commission.

Prohibitions. m. The Commission herein established is a body corporate and

politic, separate and distinct from the party states and shall be so liable

for its own actions. Liabilities of the Commission shall not be deemed

liabilities of the party states, nor shall members of the Commission be

personally liable for action taken by them in their official capacity.

I. The Commission shall not be responsible for any costs or

expenses associated with the creation, operation, closure, post-closure

observation and maintenance, and institutional control of any regional

facility, or any associated regulatory activities of the party states.

2. Except as otherwise provided herein, this compact shall not be

construed to alter the incidence of liability of any kind for any act,

omission, or course of conduct. Generators, shippers and carriers of

wastes, and owners and operators of sites shall be liable for their acts,

omissions, conduct, or relationships in accordance with all laws

relating thereto.

Courts, U.S. n. The United States district courts in the District of Columbia shall

District of have original jurisdiction of all actions brought by or against the

Columbia. Commission. Any such action initiated in a state court shall be removed

to the designated United States district court in the manner provided by

Act of June 25, 194.8 as amended (28 USC 14446). This section shall not

Prohibition. alter the jurisdiction of the United States Court of Appeals for the

District of Columbia Circuit to review the final administrative decisions

of the Commission as set forth in the paragraph below.

Courts. U.S. o. The United States Court of Appeals for the District of Columbia

Circuit shall have jurisdiction to review the Final administrative decisions

of the Commission.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 365

1. Any person aggrieved by a final administrative decision may

obtain review of the decision by filing a petition for review within 60

days after the Commission's final decision.

2. In the event that review is sought of the Commission's

decision relative to the designation of a host state, the Court of

Appeals shall accord the matter an expedited review, and, if the

Court does not rule within 90 days after a petition for review has been

filed, the Commission's decision shall be deemed to be affirmed.

Prohibition. 3. The courts shall not substitute their judgement for that of the

Commission as to the decisions of policy or weight of the evidence

on questions of fact. The Court may affirm the decision of the

Commission or remand the case for further proceedings if it finds that

the petitioners has been aggrieved because the finding, inferences,

conclusions or decisions of the Commission are: a. in violation of the Constitution of the United States;

b. in excess of the authority granted to the Commission by this

compact;

c. made upon unlawful procedure to the detriment of any

person;

d. arbitrary or capricious or characterized by abuse of

discretion or clearly unwarranted exercise of discretion.

Regulations. 4. The Commission shall be deemed to be acting in a legislative

capacity except in those instances where it decides, pursuant to its

rules and regulations, that its determinations are adjudicatory in

nature.

Article V-Host State Selection And Development And Operation Of

Regional Facilities

a. The Commission shall develop, adopt, maintain, and implement a

regional management plan to ensure the safe and efficient management

of waste within the region. The plan shall include the following:

I. a current inventory of all generators within the region;

2. a current inventory of all facilities within the region, including

information on the size, capacity, location, specific waste being

handled, and projected useful life of each facility;

Hlealth. 3. consistent with considerations for public health and safety as

Safety. defined by appropriate regulatory authorities, a determination of the

type and number of regional facilities which are presently necessary

and projected to be necessary to manage waste generated within the

region;

4. reference guidelines, as defined by appropriate regulatory

authorities, for the party states for establishing the criteria and

procedures to evaluate locations for regional facilities.

b. The Commission shall develop and adopt criteria and procedures

for reviewing a party state which volunteers to host a regional facility

within its borders. These criteria shall be developed with public .notice

and shall include the following factors: the capability of the volunteering

party state to host a regional facility in a timely manner and to ensure its

post-closure observation and maintenance, and institutional control; and

the anticipated economic feasibility of the proposed facility.

1. Any party state may volunteer to host a regional facility within

its borders. The Commission may set terms and conditions to

encourage a party state to volunteer to be the first host state.
366 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

2. Consistent with the review required above, the Commission

shall, upon a two-thirds affirmative vote, designate a volunteering

party state to serve as a host state. c. If all regional facilities required by the regional management plan

are not developed pursuant to section (b), or upon notification that an

existing facility will be closed, or upon determination that an additional

regional facility is or may be required, the Commission shall convene to

consider designation of a host state.

1. The Commission shall develop and adopt procedures for

designating a party state to be a host state for a regional facility. The

Commission shall base its decision on the following criteria:

I lealth. a. the health, safety and welfare of citizens of the party states

Safety. as defined by the appropriate regulatory authorities;

b. the environmental, economic, and social effects of a regional facility on the party states;

The Commission shall also base its decision on the following

criteria:

c. economic benefits and costs;

d. the volumes and types of waste generated within each party

state;

transportation. e. the minimization of waste transportation; and

f. the existence of regional facilities within the party states.

2. Following its established criteria and procedures, the

Commission shall designate by a two-thirds affirmative vote a party

state to serve as a host state. A current host state shall have the right

of first refusal for a succeeding regional facility.

Studies. 3. The Commission shall conduct such hearings and studies, and

take such evidence and testimony as is required by its approved

procedures prior to designating a host state. Public hearings shall be

held upon request in each candidate host state prior to final evaluation

and selection.

4. A party state which has been designated as a host state by the

Commission and which fails to fulfill its obligations as a host state

may have its privileges under the compact suspended or membership

in the compact revoked by the Commission.

d. Each host state shall be responsible for the timely identification of

a site and the time development and operation of a regional facility. The

proposed facility shall meet geologic, environmental and economic

criteria which shall not conflict with applicable federal and host state

laws and regulations.

I. To the extent not prohibited by federal law, a host state may

regulate and license any facility within its borders.

Report. 2. To the extent not prohibited by federal law, a host state shall

ensure the safe operation, closure, post-closure observation and

maintenance, and institutional control of a facility, including adequate

financial assurances by the operator and adequate emergency

response procedures. It shall periodically review and report to the

Commission on the status of the post-closure and institutional control

funds and the remaining useful life of the facility.

3. A host state shall solicit comments from each party state and

the Commission regarding the siting, operation, financial assurances,

closure, post-closure observation and maintenance, and institutional

control of a regional facility.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 367

e. A host state intending to close a regional facility within its borders

shall notify the Commission in writing of its intention and reasons

therefore.

1. Except as otherwise provided, such notification shall be given

to the Commission at least five years prior to the scheduled date of

closure.

Health. 2. A host state may close a regional facility within its borders in

Safety. the event of an emergency of if a condition exists which constitutes a

substantial threat to public health and safety. A host state shall notify

the Commission in writing within three days of its action and shall

within 30 working days, show justification for the closing.

3. In the event that a regional facility closes before an additional

or new facility becomes operational, the Commission shall make

interim arrangements for the storage or disposal of waste generated

within the region until such time that a new regional facility is

operational.

f. Fees and surcharges shall be imposed equitably upon all users of a

regional facility, based upon criteria established by the Commission.

Regulations. 1. A host state shall, according to its lawful administrative

procedures, approve fee schedules to be charged to all users of the

regional facility within its borders. Except as provided herein, such

fee schedules shall be established by the operator of a regional

facility, under applicable state regulations, and shall be reasonable

and sufficient to cover all costs related to the development, operation,

closure, post-closure observation and maintenance, institutional

control of the regional facility. The host state shall determine a

schedule for contributions to the post-closure observation and

maintenance, and institutional control funds. Such fee schedules shall

not be approved unless the Commission has been given reasonable

opportunity to review and make recommendations on the proposed

fee schedules.

Regulation. 2. A host state may, according to its lawful administrative

procedures impose a state surcharge per unit of waste received at any

regional facility within its borders. The state surcharge shall be in

addition to the fees charged for waste management. The surcharge

shall be sufficient to cover all reasonable costs associated with

administration and regulation of the facility. The surcharge shall not

be established unless the Commission has been provided reasonable

opportunity to review and make recommendations on the proposed

state surcharge.

3. The Commission shall impose a commission surcharge per unit

of waste received at any regional facility. The total monies collected

shall be adequate to pay the cost and expenses of the Commission

and shall be remitted to the Commission on a timely basis as

determined by the Commission. The surcharge may be increased or

decreased as the Commission deems necessary.

4. Nothing herein shall be construed to limit the ability of the

host state, or the political subdivision in which the regional facility is

situated, to impose surcharges for purposes including, but not limited

to, host community compensation and host community development

incentives. Such surcharges shall be reasonable and shall not be

imposed unless the Commission has been provided reasonable

opportunity to review and make recommendations on the proposed

surcharge. Such surcharge may be recovered through the approved

fee and surcharge schedules provided for in this section.
368 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

Article VI-Other Laws And Regulations

42 IJSC 2021. a. Nothing in this compact shall be construed to abrogate or limit the

Prohibition. regulatory responsibility or authority of the U.S. Nuclear Regulatory

Commission or of an Agreement State under section 274 of the Atomic

Energy Act of 1954, as amended.

b. The laws or portions of those laws of a party state that are not

inconsistent with this compact remain in full force.

Prohibition. c. Nothing in this compact shall make unlawful the continued

development and operation of any facility already licensed for

development or operation on the date this compact becomes effective.

Prohibition. d. No judicial or administrative proceeding pending on the effective

date of the compact shall be affected by the compact.

e. Except as provided for in Article 1ll(b)(2) and (c)(3), this compact

Prohibition. shall not affect the relations between and the respective internal

responsibilities of the government of a party state and its subdivisions.

42 USC 2021 b f. The generation, treatment, storage, transportation, or disposal of

note. waste generated by the atomic energy defense activities of the federal

Rescarch and government, as defined in P.L. 96-573, or federal research and

developmcnt, development activities are not affected by this compact.

Taxes. g. To the extent that the rights and powers of any state or political

subdivision to license and regulate any facility within its borders and to "Transportation. impose taxes, fees, and surcharges on the waste managed at that regional

facility do not operate as an unreasonable impediment to the

transportation, treatment or disposal of waste, such rights and powers

shall not be diminished by this compact.

Prohibition. h. No party state shall enact any law or regulation or attempt to

enforce any measure which is inconsistent with this compact. Such

measures may provide the basis for the Commission to suspend or

terminate a party state's membership and privileges under this compact.

i. All laws and regulations, or parts thereof of any party state or

subdivision or instrumentality thereof which are inconsistent with this

compact are hereby repealed and declared null and void. Any legal right,

obligation, violation or penalty arising under such laws or regulations

prior to the enactment of this compact, or not in conflict with it, shall not

be affected.

Prohibition. j. Subject to Article I11(c)(2), no law or regulation of a party state or

subdivision or instrumentality thereof may be applied so as to restrict or

make more costly or inconvenient access to any regional facility by the

generators of another party state than for the generators of the state where

the facility is situated.

Prohibition. k. No law, ordinance, or regulation of any party state or any

subdivision or instrumentality thereof shall prohibit, suspend, or unreasonably delay, limit or restrict the operation of a siting or licensing

agency in the designation, siting, or licensing of a regional facility. Any

such provision in existence at the time of ratification of this compact is

hereby repealed.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 369

Article VII-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

Connecticut. a. The initially eligible parties to this compact shall be the eleven

Delaware. states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New

Maine. Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and

Maryland. Vermont. Initial eligibility will expire June 30, 1984.

Massachusetts. b. Each state eligible to become a party state to this compact shall be

New declared a party state upon enactment of this compact into law by the

Hampshire. state, repeal of all statutes or statutory provisions that pose unreasonable

New Jersey. impediments to the capability of the state to host a regional facility in a

New York. timely manner, and upon payment of the fees required by Article

Pennsylvania. IV(j)(l). An eligible state may become a party to this compact by an

Rhode Island. executive order by the governor of the state and upon payment of the fees

Vermont. required by Article IV(j)(I). However, any state which becomes a party

state by executive order shall cease to be a party state upon the final

adjournment of the next general or regular session of its legislature,

unless this compact has by then been enacted as a statute by the state and

all statutes and statutory provisions that conflict with the compact have

been repealed.

Effective date. c. The compact shall become effective in a party state upon

enactment by that state. It shall not become initially effective in the

region until enacted into law by three party states and consent given to it

by the Congress.

d. The first three states eligible to become party states to this

compact which adopt this compact into law as required in Article VII(b)

shall immediately, upon the appointment of their Commission members,

constitute themselves as the Northeast Interstate Low-Level Radioactive

Waste Commission. They shall cause legislation to be introduced in the

Congress which grants the consent of the Congress to this compact, and

shall do those things necessary to organize the Commission and

implement the provisions of this compact.

1. The Commission shall be the judge of the qualifications of the

party states and of its members and of their compliance with the

conditions and requirements of this compact and of the laws of the

party states relating to the enactment of this compact.

2. All succeeding states eligible to become party states to this

compact shall be declared party states pursuant to the provisions of

section (b) of this Article.

e. Any state not expressly declared eligible to become a party state to

this compact in section (a) of this Article may petition the Commission to

be declared eligible. The Commission may establish such conditions as

it deems necessary and appropriate to be met by a state requesting

eligibility as a party state to this compact pursuant to the provisions of

this section, including a public hearing on the application. Upon

satisfactorily meeting such conditions and upon the affirmative vote of

two-thirds of the Commission, including the affirmative vote of the

representatives of the host states in which any affected regional facility is

located, the petitioning state shall be eligible to become a party state to

this compact and may become a party state in the same manner as those

states declared eligible in section (a) of this Article.

Prohibition. f. No state holding membership in any other regional compact for the

management of low-level radioactive waste may become a member of

this compact.

g. Any party state which fails to comply with the provisions of this

compact or to fulfill its obligations hereunder may have its privileges
370 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

suspended or, upon a two-thirds vote of the Commission, after full

opportunity for hearing and comment, have its membership in the

compact revoked. Revocation shall take effect one year from the date the

affected party state receives written notice from the Commission of its

action. All legal rights of the affected party state established under this

compact shall cease upon the effective date of revocation, except that any

legal obligations of that party state arising prior to revocation will not

cease until they have been fulfilled. As soon as practicable after a

Commission decision suspending or revoking party state status, the

Commission shall provide written notice of the action and a copy of the

resolution to the governors and the presiding officer of each body of the

state legislatures of the party states, and to chairmen of the appropriate

committees of the Congress.

h. Any party state may withdraw from this compact by repealing its

authorization legislation, and all legal rights under this compact of the

party state cease upon repeal. However, no such withdrawal shall take

effect until five years after the Governor of the withdrawing state has

given notice in writing of such withdrawal to the Commission and to the

governor of each party state. No withdrawal shall affect any liability

already incurred by or chargeable to a party state prior to that time.

I. Upon receipt of the notification, the Commission shall, as soon

as practicable, provide copies to the governors and the presiding

officer of each body of the state legislatures of the party states, and to

the chairmen of the appropriate committees of the Congress.

2. A regional facility in a withdrawing state shall remain

available to the region for five years after the date the Commission

receives written notification of the intent to withdraw or until the

prescheduled dates of closure, whichever occurs first.

i. This compact may be terminated only by the affirmative action of

the Congress or by the repeal of all laws enacting the compact in each

party state. The Congress may by law withdraw its consent every five

years after the compact takes effect.

I. The consent given to this compact by the Congress shall

extend to any future admittance of new party states under sections (b)

and (e) of this Article.

2. The withdrawal of a party state from this compact under

section (h) or the revocation of a state's membership in this compact

under section (g) of this Article shall not affect the applicability of the

compact to the remaining party states.

Article VIII-Penalties a. Each party state, consistent with federal and host state regulations

and laws, shall enforce penalties against any person not acting as an

official of a party state for violation of this compact in the party state.

Each party state acknowledges that the shipment to a host state of waste

packaged or transported in violation of applicable laws and regulations

can result in the imposition of sanctions by the host state. These

sanctions may include, but are not limited to, suspension or revocation of

the violator's rights of access to the facility in the host state.

Regulations. b. Without the express approval of the Commission, it shall be

unlawful for any person to dispose of any low-level waste within the

region except at a regional facility; provided, however, that this

restriction shall not apply to waste which is permitted by applicable

federal or state regulations to be discarded without regard to its

radioactivity.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240) 371

c. Unless specifically approved by the Commission and affected host

state(s) pursuant to Article IV, it shall be a violation of this compact for:

1) any person to deposit at a regional facility waste not generated within

the region; 2) any regional facility to accept waste not generated within

the region; and 3) any person to export from the region waste generated

within the region.

d. Primary responsibility for enforcing provisions of the law will rest

with the affected state or states. The Commission, upon a two-thirds vote

of its members, may bring action to seek enforcement or appropriate

remedies against violators of the provisions and regulations for this

compact as provided for in Article IV.

Article IX-Compensation Provisions

a. The responsibility for ensuring compensation and clean-up during

the operational and post-closure periods rests with the host state, as set

forth herein.

I. The host state shall ensure the availability of funds and

procedures for compensation of injured persons, including facility

employees, and property damage (except any possible claims for

diminution of property values) due to the existence and operation of a

regional facility, and for clean-up and restoration of the facility and

surrounding areas.

2. The state may satisfy this obligation by requiring bonds,

insurance, compensation funds, or any other means or combination of

means, imposed either on the facility operator or assumed by the state

Prohibition. itself, or both. Nothing in this article alters the liability of any person

or governmental entity under applicable state and federal laws.

b. The Commission shall provide a means of compensation for

persons injured or property damaged during the institutional control

period due to the radioactive and waste management nature of the

regional facility. This responsibility may be met by a special fund,

insurance, or other means.

Contracts. 1. The Commission is authorized, at its discretion, to impose a

Insurance. waste management surcharge, to be collected by the operator or

owner of the regional facility; to establish a separate insurance entity,

formed by but separate from the Commission itself, but under such

terms and conditions as it decides, and exempt from state insurance

regulation; to contract with this company or other entity for coverage;

or to take any other measures, or combination of measures, to

implement the goals of this section.

Regulations. 2. The existence of this fund or other means of compensation

shall not imply liability by the Commission, the non-host party states,

or any of their officials and staff, which are exempted from liability

by other provisions of this compact. Claims or suits for

compensation shall be directed against the fund, the insurance

company, or other entity, unless the Commission, by regulation,

directs otherwise.

c. Notwithstanding any other provisions, the Commission fund,

insurance, or other means of compensation shall also be available for

third party relief during the operational and post-closure periods, as the

Commission may direct, but only to the extent that no other funds,

insurance, tort compensation, or other means are available from the host

state or other entities, under section a. of this Article or otherwise;

provided, that this Commission contribution shall not apply to clean-up
372 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99-240)

or restoration of the regional facility and its environs during the

operational and post-closure period.

d. The liability of the Commission's fund, insurance entity, or any

other means of compensation shall be limited to the amount currently

contained therein; provided that the Commission may set some lower

limit to ensure the integrity and availability of the fund or other entity for

liability.

Article X-Severability And Construction

Provisions The provisions of this compact shall be severable, and if any phrase,

held invalid, clause, sentence or provision of this compact is declared by a federal

court of competent jurisdiction to be contrary to the Constitution of the

United States or the applicability thereof to any government, agency,

person or circumstance is held invalid, the validity of the remainder of

this compact and the applicability thereof to any other government,

agency, person or circumstance shall not be affected thereby. The

provisions of this compact shall be liberally construed to give effect to

the purpose thereof.45

4

"Amends Public Law 96-573 by striking out sections I, 2, 3, 4 and inserting in lieu thereof

Public Law 99-240.
Appalachian States Low-Level Waste Compact (P.L. 100-319) 373

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE

WASTE COMPACT CONSENT ACT

Public Law 100-319 102 Stat. 471

Appalachian

States LowLevel

Radioactive

Waste Compact

Consent

Act.

42 USC 2021d

note.

42 USC 2021d

note.

42 USC 2021d

note.

42 USC 2021d

note.

Delaware.

Maryland.

Pennsylvania.

West Virginia.

Waste disposal.

May 19, 1988

An Act

To grant the consent of the Congress to the Appalachian States LowLevel Radioactive Waste Compact.

Be it enacted by the Senate and House of Representatives of the

United States ofAmerica in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the "Appalachian States Low-Level

Radioactive Waste Compact Consent Act."

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act.

See. 3. Conditions of Consent to Compact.

The consent of the Congress to the compact set forth in section 5-

(1) shall become effective on the date of the enactment of this

Act,

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act, and

(3) is granted only for so long as the Appalachian States LowLevel Radioactive Waste Commission, advisory committees, and

regional boards established in the compact comply with all the

provisions of such Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with respect to the

compact set forth in section 5 after the expiration of the 10-year period

following the date of the enactment of this Act, and at such intervals

thereafter as may be provided for in such compact.

Sec. 5. Appalachian States Low-Level Radioactive Waste Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 202id(A)(2)), the consent of Congress is

given to the States of Pennsylvania, West Virginia, and any eligible

States as defined in Article 5(A) of the Appalachian States Low-Level

Radioactive Waste Compact to enter into such compact. Such compact is

substantially as follows:

Appalachian States Low-Level Radioactive Waste Compact

Preamble

Whereas, The United States Congress, by enacting the Low-Level

Radioactive Waste Policy Act (42 USC sections2021b-2021d) has

encouraged the use of interstate compacts to provide for the

establishment and operation of facilities for regional management of lowlevel radioactive waste;
374 Appalachian States Low-Level Waste Compact (P.L. 100-319)

Public health Whereas, Under section 4(a)(1)(A) of the Low-Level Radioactive

and safety. Waste Policy Act (42 USC section 2021d(a)(l)(A)), each state is

responsible for providing for the capacity for disposal of low-level

radioactive waste generated within its borders;

Whereas, To promote the health, safety and welfare of residents

within, the Commonwealth of Pennsylvania and other eligible states as

defined in Article 5(A) of this compact shall enter into a compact for the

regional management and disposal of low-level radioactive waste.

Now, therefore, the Commonwealth of Pennsylvania and the state of

West Virginia and other eligible states hereby agree to enter into the

Appalachian States Low-Level Radioactive Waste Compact.

Article l-Definitions

As used in this compact, unless the context clearly indicates otherwise:

(a) "Broker" means any intermediate person who handles, treats,

processes, stores, packages, ships or otherwise has responsibility for

or possesses low-level waste obtained from a generator.

(b) "Carrier" means a person who transports low-level waste to a

regional facility.

(c) "Commission" means the Appalachian States Low-Level

Radioactive Waste Commission.

(d) "Disposal" means the isolation of low-level waste from the

biosphere.

(e) "Facility" means any real personal property within the region,

and improvements thereof or thereon, and any and all plant structures,

machinery and equipment acquired, constructed, operated or

maintained for the management or disposal of low-level waste.

(f) "Generate" means to produce low-level waste requiring

disposal.

(g) "Generator" means a person whose activity results in the

production of low-level waste requiring disposal.

(h) "Hazardous life" means the time required for radioactive

materials to decay to safe levels, as defined by the time period for the

concentration of radioactive materials within a given container or

package to decay to maximum permissible concentrations as defined

by Federal law or by standards to be set by a host state, whichever is

more restrictive.

(i) "Host state" means Pennsylvania or other party state so

designated by the Commission in accordance with Article 3 of this

compact.

(j) "Institutional control period" means the time of the continued

observation, monitoring and care of the regional facility following

transfer of control from the operator to the custodial. agency.

(k) "Low-level waste" means radioactive waste that:

(I) is neither high-level waste or transuranic waste, nor spent

nuclear fuel, nor by-product material as defined in section

I I(e)(2) of the Atomic Energy Act of 1954 as amended; and

(2) is classified by the Federal Government as low-level

waste, consistent with existing law; but does not include waste

generated as a result of atomic energy defense activities of the

Federal Government, as defined in Public Law 96-573, or Federal

research and development activities.

(1) "Management" means the reproduction, collection,

consolidation, storage, packaging or treatment of low-level waste.

(m) "Operator" means a person who operates a regional facility.
Appalachian States Low-Level Waste Compact (P.L. 100-319) 375

(n) "Party state" means any state that has become a party in

accordance with Article 5 of this compact.

(o) "Person" means an individual, corporation, partnership or

other legal entity, whether public or private.

(p) "Region" means the combined geographic area within the

boundaries of the party states.

(q) "Regional facility" means a facility within any party state

which has been approved by the Commission for the disposal of lowlevel waste.

(r) "Shallow land burial" means the disposal of low-level

radioactive waste directly in subsurface trenches without additional

confinement in engineered structures or by proper packaging in

containers as determined by the law of the host state.

(s) "Transuranic waste" means low-level waste containing

radionuclides with an atomic number greater than 92 which are

excluded from shallow-land burial by the Federal Government.

Establishment. (A) Creation and Organization.

(1) Creation-There is hereby created the Appalachian States

Low-Level Radioactive Waste Commission. The Commission is

hereby created as a body corporate and politic, with succession for

the duration of this compact, as an agency and instrumentality of

the governments of the respective signatory parties, but separate

and distinct from the respective signatory party states. The

Commission shall have central offices located in Pennsylvania.

(2) Commission Membership-The Commission shall consist

of two voting members from each party state to be appointed

according to the laws of each party state and two additional voting

members from each host state to be appointed according to the

laws of each host state. Upon selection of the site of the regional

facility, an additional voting member shall be appointed to the

Commission who shall be a resident of the county or municipality

where the facility is to be located. The appointing authority of

each party state shall notify the Commission in writing of the

identities of the members and of any alternates. An alternate may

vote and act in the member's absence. No member shall have a

financial interest in any industry which generates low-level

radioactive waste, any low-level radioactive waste regional facility

or any related industry for the duration of the member's term. No

more than one-half the members and alternates from any party

state shall have been employed by or be employed by a low-level

waste generator or related industry upon appointment to or during

their tenure of office; provided, that no member shall have been

employed by or be employed by a regional facility operator. No

member or alternate from any party state shall accept employment

from any regional facility operator or brokers for at least three

years after leaving office.

(3) Compensation-Members of the Commission and

alternates shall serve without compensation from the Commission

but may be reimbursed for necessary expenses incurred in and

incident to the performance of their duties.

(4) Voting Power-Each Commission member is entitled to

one vote. Unless otherwise provided in this compact, affirmative

votes by a majority of a host state's members are necessary for the

Commission to take any action related to the regional facility and
376 Appalachian States Low-Level Waste Compact (P.L. 100-319)

the disposal and management of low-level waste within that host

state.

(5) Organization and -

(a) The Commission shall provide for its own organization and

procedures and shall adopt by-laws not inconsistent with this

compact and any rules and regulations necessary to implement

this compact. It shall meet at least once a year in the county

selected to host a regional facility and shall elect a chairman and

vice chairman from among its members. In the absence of the

chairman, the vice chairman shall serve. Public (b) All meetings of the Commission shall be open to the public

information, with at least 14 days' advance notice, except that the chairman

may convene an emergency meeting with less advance notice.

Each municipality and county selected to host a regional facility

shall be specifically notified in advance of all Commission

meetings. All meetings of the Commission shall be conducted in a

manner that substantially conforms to the Administrative

Procedure Act (5 U.S.C. Chapter 5, Subchapter II, and Chapter 7).

The Commission may, by a two-thirds vote, including approval of

a majority of each host state's Commission members, hold an

Executive Session closed to the public for the purpose of:

considering or discussing legally privileged or proprietary

information; to consider dismissal, disciplining of or hearing

complaints or charges brought against an employee or other

public agents unless such person requests such public hearing; or

to consult with its attorney regarding information or strategy in

connection with specific litigation. The reason for the Executive

Session must be announced at least 14 days prior to the Executive

Session, except that the chairman may convene an emergency

meeting with less advance notice, in which case the reason for the

Executive Session must be announced at the open meeting

immediately subsequent to the Executive Session. All action

taken in violation of this open meeting shall be null and void.

Records. (c) Detailed written minutes shall be kept of all meetings of

Public the Commission. All decisions, files, records and data of the

Information. Commission, except for information privileged against

introduction in judicial proceedings, personnel records and

minutes of a properly convened Executive Session, shall be open

to public inspection subject to a procedure that substantially

conforms to the Freedom of Information Act (Public Law 89-554,

5 USC section552) and applicable Pennsylvania law and may be

copied upon request and payment of fees which shall be no higher

than necessary to recover copying costs.

(d) The Commission shall select an appropriate staff,

including an Executive Director, to carry out the duties and

functions assigned by the Commission. Notwithstanding any other

provision of law, the Commission may hire and/or retain its own

legal counsel.

(e) Any person aggrieved by a final decision of the

Commission which adversely affects the legal rights, duties or privileges of such person may petition a court of competent

jurisdiction, within 60 days after the Commission's final decision,

to obtain judicial review of said final decisions.
ApDalachian States Low-Level Waste Comnact (P.L. 100-319) 377

(f) Liabilities of the Commission shall not be deemed

liabilities of the party states. Members of the Commission shall

not be personally liable for actions taken in their official capacity.

(B) Powers and Duties.

The Commission:

Regulations. (a) Shall conduct research and establish regulations to promote

Research and a reasonable reduction of volume and curie content of low-level

development. wastes generated in the region. The regulations shall be reviewed and,

if necessary, revised by the Commission at least annually.

(b) Shall ensure, to the extent authorized by Federal law, that

low-level wastes are safely disposed of within the region except that

the Commission shall have no power or authority to license, regulate

or otherwise develop a regional facility, such powers and authority

being reserved for the host state(s) as permitted under the law.

(c) Shall designate as "host states" any party state which

generates 25 percent or more of Pennsylvania's volume or total curie

content of low-level waste generated based on a comparison of

averages over three successive years, as determined by the

Commission. This determination shall be based on volume or total

curie content, whichever is greater.

(d) Shall ensure, to the extent authorized by Federal law, that

low-level waste packages brought into the regional facility for

disposal conform to applicable state and Federal regulations. Lowlevel waste brokers or generators who violate these regulations will

be subject to a fine or other penalty imposed by the Commission,

including restricted access to a regional facility. The Commission

may impose such fines and/or penalties in addition to any other

penalty levied by the party states pursuant to Article 4(D).

(e) Shall establish such advisory committees as it deems

necessary for the purpose of advising the Commission on matters

pertaining to the management and disposal of low-level waste.

Contracts. (f) May contract to accomplish its duties and effectuate its

powers subject to projected available resources. No contract made by

the Commission shall bind a party state.

(g) Shall prepare contingency plans for management and

disposal of low-level waste in the event any regional facility should

be closed or otherwise unavailable.

Records. (h) Shall examine all records of operators of regional facilities

pertaining to operating costs, profits or the assessment or collection of

any charge, fee or surcharge and may make recommendations to the

host state(s) which shall review the recommendations in accordance

with its (their) own sovereign laws.

(i) Shall have the power to sue and be sued subject to Article

(2)(A)(5)(e) and may seek to intervene in any administrative or

judicial proceeding.

(j) Shall assemble and make available, to the party states and

to the public, information concerning low-level waste management

and disposal needs, technologies, and problems.

Records. (k) Shall keep current and annual inventories of all generators

by name and quantity of low-level waste generated within the region,

based upon information provided by the party states. Inventory

information shall include both volume in cubic feet and total curie

content of the low-level waste and all available information on

chemical composition and toxicity of such wastes.
378 Appalachian States Low-Level Waste Compact (P.L. 100-319)

Records. (I) Shall keep an inventory of all regional facilities and

specialized facilities, including, but not necessarily restricted to,

information on their size, capacity and location, as well as specific

wastes capable of being managed, and the projected useful life of

each regional facility.

Reports. (m) Shall make and publish an annual report to the governors

of the signatory party states and to the public detailing its programs,

operations and finances, including copies of the annual budget and

the independent audit required by this compact.

Contracts. (n) Notwithstanding any other provision of this compact to the

contrary, may, with the unanimous approval of the Commission

members of the host state(s), enter into temporary agreements with

non-party states or other regional boards for the emergency disposal

of low-level waste at the regional facility, if so authorized by law(s)

of the host state(s), or other disposal facilities located in states that are

not parties to this agreement.

Regulations. (o) Shall promulgate regulations, pursuant to host state law, to

specifically govern and define exactly what would constitute an

emergency situation and exactly what restrictions and limitations

would be placed on temporary agreements.

(p) Shall not accept any donations, grants, equipment,

supplies, materials or services, conditional or otherwise, from any

source, except from any Federal agency and from party states which

are certified as being legal and proper under the laws of the donating

party state.

(C) Budget and Operation.

(I) Fiscal Year-The Commission shall establish a fiscal year

which conforms to the fiscal year of the Commonwealth of

Pennsylvania.

(2) Current Expense Budget-Upon legislative enactment of this

compact by two party states and each year until the regional facility

becomes available, the Commission shall adopt a current expense

budget for its fiscal year. The budget shall include the Commission's

estimated expenses for administration. Such expenses shall be

allocated to the party states according to the following formula:

Each designated initial host state will be allocated costs equal

to twice the costs of the other party states, but such costs will not

exceed $200,000.

Each remaining party state will be allocated a cost of one half

the cost of the initial host state, but such cost will not exceed

$100,000.

The party states will include the amounts allocated above in

their respective budgets, subject to such review and approval as

may be required by their respective budgetary processes. Such

amounts shall be due and payable to the Commission in quarterly

installments during the fiscal year.

(3) Annual Budget Request-For continued funding of its

activities, the Commission shall submit an annual budget request to

each party state for funding, based upon the percentage of the

region's waste generated in each state in the region, as reported in the

latest available annual inventory required under Article 2(B)(k). The

percentage of waste shall be based on volume of waste or total curie

content as determined by the Commission.
Appalachian States Low-Level Waste Compact (P.L. 100-319) 379

(4) Annual Report to Include Budget-The Commission shall

prepare and include in the annual report a budget showing anticipated

receipts and disbursements for the ensuing year.

(5) Annual Independent Audit-

(a) As soon as practible after the closing of the fiscal year, an

audit shall be made of the financial accounts of the Commission. The

audit shall be made by qualified certified public accountants selected

by the Commission, who have no personal direct or indirect interest

in the financial affairs of the Commission or any of its officers or

employees

Reports. The report of audit shall be prepared in accordance with accepted

accounting practices and shall be filed with the chairman and such

other officers s the Commission shall direct. Copies of the report

shall be distributed to each Commission member and shall be made

Public available for public distribution.

inlormation. (b) Each signatory party, by its duly authorized officers, shall

be entitled to examine and audit at any time all of the books,

documents, records, files and accounts and all other papers,

things or property of the Commission. The representatives of the

signatory parties shall have access to all books, documents,

records, accounts, reports, files and all other papers, things or

property belonging to or in use by the Commission and necessary

to facilitate the audit; and they shall be afforded full facilities for

verifying transactions with the balances or securities held by

depositaries, fiscal agents and custodians.

'Article Ill-Rights, Responsibilities And Obligations Of Party States

(A) Regional Facilities.

There shall be regional facilities sufficient to dispose of the low-level

waste generated within the region. Each regional facility shall be capable

of disposing of such low-level waste but in the form(s) required by

regulations or license conditions. Specialized facilities for particular

types of low-level waste management, reduction or treatment may not be

developed in any party state unless they are in accordance with the laws

and regulations of such state and applicable Federal laws and regulations.

(B) Equal Access to Regional Facilities.

Public health Each party state shall have equal access as other party states to

and safety. regional facilities located within the region and accepting low-level

waste, provided, however, that the host state may close the regional

facility located within its borders when necessary for public health and

safety. However, a host state shall send notification to the Commission

in writing within three (3) days of this action and shall, within thirty (30)

working days, provide in writing the reasons for the closing.

(C) Initial Host State.

Pennsylvania and party states which generate 25 percent or more of

the volume or curies of low-level waste generated by Pennsylvania,

based on a comparison of averages over the three years 1982 through

1984, are designated as "initial host states" and are required to develop

and host low-level waste sites as regional facilities. The percentage of

waste from each state shall be determined by cubic foot volume or total

curie content, whichever is greater.

(D) Exemption From Being Initial Host State.

'There was no "Article Ir" in the original slip law.
380 Appalachian States Low-Level Waste Compact (P.L. 100-319)

Party states which generate less than 25 percent of the volume or

curies of low-level waste generated by Pennsylvania, based on a

comparison of averages over the years 1982 through 1984, shall be

exempt from initial host state responsibilities. These states shall continue

to be exempt as long as they generate less that 25 percent threshold over

successive 3-year periods. Once a state generates an average of 25

percent or more of the volume or curies generated by Pennsylvania over

a successive 3-year period, it shall be designated as a "host state" for a

30-year period by the Commission and shall immediately initiate

development of a regional facility to be operational within five years.

Such host state shall be prepared to accept at its regional facility lowlevel waste at least equal to that generated in the state. With Commission

approval, any party state may volunteer to host a regional facility. The

percentage of waste from each state shall be determined by either a cubic

foot volume or total curie content, whichever is greater.

(E) Useful Life of Regional Facilities.

Pennsylvania and other host states are obligated to develop regional

facilities for the duration of this compact. All regional facilities shall be

designed for at least a 30-year useful life. At the end of the facility's life,

normal closure and maintenance procedures shall be initiated in

accordance with the applicable requirements of the host state and the

Federal Government. Each host state's obligation for operating regional

facilities shall remain as long as the state continues to produce over a 3-

year period 25 percent or more of the volume or curies of low-level waste

generated by Pennsylvania.

(F) Duties of Host State.

Each host state shall:

(a) Cause a regional facility to be sited and developed on a timely

basis.

(b) Ensure by law, consistent with applicable state and Federal

law, the protection and preservation of public health, safety and

environmental quality in the siting, design, development, licensure or

other regulation, operation, closure, decommissioning, long-term care

and the institutional control period of the regional facility within the

state. To the extent authorized by Federal law, a host state may adopt

more stringent laws, rules or regulations than required by Federal

law.

(c) Ensure and maintain a manifest system which documents all

waste-related activities of generators, brokers, carriers and related

activities of generators, brokers, carriers and operators, and establish

the chain of custody of waste from its initial generation to the end of

its hazardous life. Copies of all such manifests shall be submitted to

the Commission on a timely basis.

(d) Ensure that charges for disposal of low-level waste at the

regional facility are sufficient to fully fund the safe disposal and

perpetual care of the regional facility and that charges are assessed

without discrimination as to the party state of origin.

(e) Submit an annual report to the Commission on the status of the

regional facility which contains projections of the anticipated future

capacity.

(f) Notify the Commission immediately if any exigency arises

requiring the possible temporary or permanent closure of a regional

facility within the state at a time earlier than was projected in the

state's most recent annual report to the Commission.

Environmental

protection.

Public health

and safety.

Reports.
Appalachian States Low-Level Waste Compact (P.L. 100-3 19) 381

(g) Require that the institutional control period of any disposal

facility be at least as long as the hazardous life, as defined in Article

1(h), of the radioactive materials that are disposed at that facility.

(h) Prohibit the use of any shallow land burial, as defined in

Article (r), and develop alternative means for treatment, storage and

disposal of low-level waste.

(i) Establish by law, to the extent not prohibited by Federal law,

requirements for financial responsibility, including, but not limited to:

(i) Requirements for the purchase and maintenance of

adequate insurance by generators, brokers, carriers and operators

of the regional facility;

(ii) Requirements for the establishment of a long-term care

fund to be funded by a fee placed on generators to pay for

preventative or corrective measures of low-level waste to the

regional facility; and

(iii) Any further financial responsibility requirements that

shall be submitted by generators, brokers, carriers and operators

as deemed necessary by the host state.

(G) Duties of Party State.

Each party state:

(a) Shall appropriate its portion of the Commission's initial and

annual budgets as set out in Article 2(C)(2) and (3).

(b) To the extent authorized by Federal law shall develop and

enforce procedures requiring low-level waste shipments originating

within its borders and destined for a regional facility to conform to

volume reduction, packaging and transportation requirements and

regulations as well as any other requirements specified by the

regional facility. Such procedures shall include, but are not limited

to:

(i) Periodic inspections of packaging and shipping practices;

(ii) Periodic inspections of low-level waste containers while in

custody of carriers; and

(iii) Appropriate enforcement actions with respect to

violations.

(c) To the extent authorized by Federal law, shall, after receiving

notification from a host state or other person that a person in a party

state has violated volume reduction, packaging, shipping or

transportation requirements or regulations, take appropriate action to

ensure that violations do not recur. Appropriate action shall include,

but is not limited to, the requirement that a bond be posted by the

violator to pay the cost of repackaging at the regional facility and the

requirement that future shipments be inspected. Appropriate action

may also include suspension of the violator's use of the regional

facility. Should such suspension be imposed, the suspension shall

remain in effect until such time as the violator has, to the satisfaction

of the party state imposing such suspension, complied with the

appropriate requirements or regulations upon which the suspension was based and has taken appropriate action to ensure that such

violation or violations do not recur.

Records. (d) Shall maintain a registry of all generators and quantities

generated within the state.

(H) Liability.

In the event of liability arising from the operation of any regional

facility and during and after closure of that facility, each party state shall

share in that liability in an amount equal to that state's share of the
Claimns.

382 Appalachian States Low-Level Waste Compact (P.L. 100-319)

region's low-level waste disposed of at the facility, part of a host state or

any party state, then any other host or party state(s) may make any claim

allowable under law for that negligence, malfeasance or neglect. If such

liability arises from a particular waste shipment or shipments to, or

quantity of waste or condition at, the regional facility, then any host or

party state may make any claim allowable under law for such liability.

The percentage of waste shall be based on volume of waste or total curie

content.

(I) Failure of Party State to Fulfill Obligations.

A party state which fails to fulfill its obligations, including timely

funding of the Commission, may have its privileges under the Compact

suspended or its membership in the Compact revoked by the Commission

and be subject to any other legal equitable remedies available to the party

states.

Article IV-Prohibited Acts And Penalties

(A) Prohibition.

It shall be unlawful for any person to dispose of low-level waste

within the region except at a regional facility unless authorized by the

Commission.

(B) Waste Disposed of Within Region.

After establishment of the regional facility(s), it shall be unlawful for

any person to dispose of any low-level waste within the region unless the

waste was generated within the region or unless authorized to do so both

by the Commission and by law of the host state in which said disposal.

takes place. For the purpose of this compact, waste generated within the

region excludes radioactive material shipped from outside the party states

*to a waste management facility within the region. In determining whether

to grant such authorization, the factors to be considered by the

Commission shall include, but not be limited to, the following:

(a) The impact on the health, safety and environmental quality of

the citizens of the party states;

(b) The impact of importing waste on the available capacity and

projected life of the regional facility;

(c) The availability of a regional facility appropriate for the safe

disposal of the type of low-level waste involved.

(C) Waste Generated Within Region.

Any and all low-level waste generated within the region shall be

disposed of at a regional facility, except for specific cases agreed upon by

the Commission, with the affirmative votes by a majority of the

Commission members of the host state(s) affected by the decision.

(D) Liability.

Generators, brokers and carriers of wastes, and owners and operators

of sites shall be liable for their acts, omissions, conduct or relationships

in accordance with all laws relating thereto. The party states shall impose

a fine for any violation in an amount equal to the present and future costs

associated with correcting any harm caused by the violation and shall

assess punitive fines or penalties if it is deemed necessary. In addition,

the host state shall bar any person who violates host state or Federal

regulations from using the regional facility until that person demonstrates

to the satisfaction of the host state the ability and willingness to comply

with the law.

(E) Conflict of Interest.

(I) ProhibitionsNo commissioner, officer or employee shall:

Public health

and safl'ty.

Environmental

protection.
ADoalachian States Low-Level Waste Compact (P.L. 100-319) 383

Employment

and

unemployment.

Contracts.

Delaware.

Maryland

Pennsylvania.

West Virginia.

Effective dates.

(a) Be financially interested, either directly or indirectly, in a

contract, sale, purchase, lease or transfer of real or personal

property to which the Commission is a party.

(b) Solicit or accept money or any other thing of value in

addition to the expenses paid to him by the Commission for

services performed within the scope of his official duties.

(c) Offer money or anything of value for or in consideration of

obtaining an appointment, promotion or privilege in his

employment with the Commission.

(2) Forfeiture of Office or Employment-Any officer or employee

who shall willfully violate any of the provisions of this section shall

forfeit his office or employment.

(3) Agreement Void-Any contract or agreement knowingly made

in contravention of this section is void.

(4) Criminal and Civil SanctionsOfficers and employees of the Commission shall be subject, in

addition to the provisions of this section, to such criminal and civil

sanctions for misconduct in office as may be imposed by Federal law

and the law of the signatory state in which such misconduct occurs.

Article V-Eligibility, Entry Into Effect, Congressional Consent,

Withdrawal

(A) Eligibility.

Only the States of Pennsylvania, *West Virginia, Delaware and

Maryland are eligible to become parties to this compact.

(B) Entry into Effect.

An eligible state may become a party state by legislative enactment of

this compact or by executive order of the governor adopting this

compact; provided, however, a state becoming a party state by executive

order shall cease to be a party state upon adjournment of the first federal

session of its legislature convened thereafter, unless the legislature shall

have enacted this compact before such adjournment.

(C) Congressional Consent.

This compact shall take effect when it has been enacted by the

legislatures of Pennsylvania and one or more eligible states. However,

Article 4 (B) and (C) shall not take effect until Congress has consented to

this compact. Every fifth year after such consent has been given,

Congress may withdraw consent.

(D) Withdrawal.

A party state may withdraw from the compact by repealing the

enactment of this compact, but no such withdrawal shall become

effective until two years after enactment of the repealing legislation. If

the withdrawing state is a host state, any regional facility in that state

shall remain available to receive low-level waste generated within the

region until five years after the effective date of the withdrawal.

Article VI-Construction And Severability

(A) Construction.

The provisions of this compact shall be broadly construed to carry out

the purposes of the compact, but the sovereign powers of a party state

shall not unnecessarily be infringed.

(B) Severability.

If any part or application of this compact is held invalid, the

remainder, or its application to other situations or persons, shall not be

affected.
384 Southwestern Low-Level Waste Compact (P.L. 100-712)

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE

WASTE DISPOSAL COMPACT CONSENT ACT

Public Law 100-712 102 Stat. 4773

Southwestern

Low-Level

Radioactive

Waste Disposal

Compact

Consent Act.

42 USC 2021d

note.

Environmental

protection.

Nov. 23, 1988

An Act

To grant the consent of the Congress to the Southwestern Low-Level

Radioactive Waste Disposal Compact.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the "Southwestern Low-Level Radioactive

Waste Disposal Compact Consent Act."

42 USC 2021d Sec. 2. Congressional Finding

note. The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act.

42 USC 2021d Sec. 3. Conditions Of Consent To Compact

note. The consent of the Congress to the compact set forth in section 5-

(I) shall become effective on the date of the enactment of this

Act;

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act; and

(3) is granted only for so long as the regional commission

established in the compact complies with all of the provisions of such

Act.

42 USC 2021d Sec. 4. Congressional Review

note. The Congress may alter, amend, or repeal this Act with respect to the

compact set forth in section 5 after the expiration of the 10-year period

following the date of enactment of this Act, and at such intervals

thereafter as may be provided in such compact.

Sec. 5. Southwestern Low-Level Radioactive Waste Compact

State listing. In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 USC 202ld(a)(2)), the consent of Congress is

given to the states of Arizona, California, and any eligible states, as defined in article VII of the Southwestern Low-Level Radioactive Waste

Disposal Compact, to enter into such compact. Such compact is

substantially as follows:

Article I-Compact Policy And Formation

The party states hereby find and declare all of the following

(A) The United States Congress, by enacting the Low-Level

Radioactive Waste Policy Act, Public Law 96-573, as amended by

the Low-Level Radioactive Waste Policy Amendments Act of 1985

(42 USC section 2021b to 2021j, incl.), has encouraged the use of

interstate compacts to provide for the establishment and operation of

facilities for regional management of low-level radioactive waste.

(B) It is the purpose of this compact to provide the means for such

a cooperative effort between or among party states to protect the

citizens of the states and the states' environments.
Southwestern Low-Level Waste Compact (P.L. 100-712) 385

(C) It is policy of party states to this compact to encourage the

reduction of the volume of low-level radioactive waste requiring

disposal within the compact region. Public health (D) It is the policy of the party states that the protection of the

and safety. health and safety of their citizens and the most ecological and

economical management of low-level radioactive wastes can be

accomplished through cooperation of the states by minimizing the

amount of handling and transportation required to dispose of these

wastes and by providing facilities that serve the compact region.

(E) Each party state, if an agreement state pursuant to section

2021 of Title 42 of the United States Code, or the Nuclear Regulatory

Commission if not an agreement state, is responsible for the primary

regulation of radioactive materials within its jurisdiction.

Article iI-Definitions

As used in this compact, unless the context clearly indicates

otherwise, the following definitions apply:

(A) "Commission" means the Southwestern Low-Level

Radioactive Waste Commission established in article III of this

compact.

(B) "Compact region" or "region" means the combined

geographical area with the boundaries of the party states.

(C) "Disposal" means the permanent isolation of low-level

radioactive waste pursuant to requirements established by the Nuclear

Regulatory Commission and the Environmental Protection Agency

under applicable laws, or by a party state if the state hosts a disposal

facility.

(D) "Generate," when used in relation to low-level radioactive

waste, means to produce low-level radioactive waste.

(E) "Generator" means a person whose activity, excluding the

management of low-level radioactive waste, results in the production

of low-level radioactive waste.

(F) "Host county" means a county, or similar political subdivision

of a party state, in which a regional disposal facility is located or

being developed.

(G) "Host state" means a party state in which a regional disposal

facility is located or being developed. The state of California is the

host state under this compact for the first thirty years from the date

the California regional disposal facility commences operations.

(H) "Institutional control period" means that period of time in

which the facility license is transferred to the disposal site owner in

* compliance with the appropriate regulations for long-term

observation and maintenance following the postclosure period.

(I) "Low-level radioactive waste" means regulated radioactive

material that meets all of the following requirements:

(I) The waste is not high-level radioactive waste, spent

nuclear fuel, or by-product material (as defined in section I le(2)

of the Atomic Energy Act of 1954 (42 USC section 2014(e)(2)).

(2) The waste is not uranium mining or mill tailings.

(3) The waste is not any waste for which the Federal

Government is responsible pursuant to subdivision (b) of section 3

of the Low-Level Radioactive Waste Policy Amendments Act of

1985 (42 USC section 2021 c(b)).

(4) The waste is not an alpha emitting transuranic nuclide

with a half-life greater than five years and with a concentration
386 Southwestern Low-Level Waste Compact (P.L. 100-712)

greater than one hundred nanocuries per gram, or plutonium-241

with a concentration greater than three thousand five hundred

nanocuries per gram, or curium-242 with a concentration greater

than twenty thousand nanocuries per gram.

(J) "Management" means collection, consolidation, storage,

packaging, or treatment.

(K)"Major generator state" means a party state which generates

10 percent of the total amount of low-level radioactive waste

produced within the compact region and disposed of at the regional

disposal facility. If no party state other than California generates at

least ten percent of the total amount, "Major generator state" means

the party state which is second to California in the amount of waste

produced within the compact region and disposed of at the regional

disposal facility.

(L) "Operator" means a person who operates a regional disposal

facility.

(M) "Party state" means any state that has become a party in

accordance with article VII of this compact.

(N) "Person" means an individual, corporation, partnership, or

other legal entity, whether public or private.

(0) "Postclosure period" means that period of time after

completion of closure of a disposal faciliiy during which the licensee

shall observe, monitor, and carry out necessary maintenance and

repairs at the disposal facility to assure that the disposal facility will

remain stable and will not need ongoing active maintenance. This

period ends with the beginning of the institutional control period.

(P) "Regional disposal facility" means a non-Federal low-level

radioactive waste disposal facility established and operated under this

compact.

(Q) "Site closure and stabilization" means the activities of the

disposal facility operator taken at the end of the disposal facility's

operating life to assure the continued protection of the public from

any residual radioactive or other potential hazards present at the

disposal facility.

(R) "Transporter" means a person who transports low-level

radioactive waste.

(S) "Uraniummine and mill tailings" means waste resulting from

mining and processing of ores containing uranium.

Article Ill-The Commission

Establishment. (A) There is hereby established the Southwestern Low-Level

Radioactive Waste Commission.

(1) The Commission shall consist of one voting member from

each party state to be appointed by the governor, confirmed by the

senate of that party state, and to serve at the pleasure of the governor

of each party state, and one voting member from the host county. The

appointing authority of each party state shall notify the Commission

in writing of the identity of the member and any alternates. An

alternate may act in the member's absence.

(2) The host state shall also appoint that number of additional

voting members of the Commission which is necessary for the host

state's members to compose at least 51 percent of the membership on

the Commission. The host state's additional members shall be

appointed by the host state governor and confirmed by the host state

senate.
Southwestern Low-Level Waste Compact (P.L. 100-712) 387

If there is more than one host state, only the state in which is

located the regional disposal facility actively accepting low-level

radioactive waste pursuant to this compact may appoint these

additional members.

(3) If the host county has not been selected at the time the

Commission is appointed, the governor of the host state shall appoint

an interim local government member, who shall be an elected

representative of a local government. After a host county is selected,

the interim local government member shall resign and the governor

shall appoint the host county member pursuant to paragraph (4).

(4) The governor shall appoint the host county member from a list

of at least seven candidates compiled by the board of supervisors of

the host county.

(5) In recommending and appointing the host county member

pursuant to paragraph (4), the board of supervisors and the governor

shall give first consideration to recommending and appointing the

members of the board of supervisors in whose district the regional

disposal facility is located or being developed. If the board of

supervisors of the host county does not provide a list to the governor

of at least seven candidates from which to choose, the governor shall

appoint a resident of the host county as the host county member.

(6) The host county member is subject to confirmation by the

senate of that party and shall serve at the pleasure of the governor of

the host state.

(B) The Commission is a legal entity separate and distinct from the

party states and shall be so liable for its actions. Members of the

Commission shall riot be personally liable for actions taken in their

official capacity. The liabilities of the Commission shall not be deemed

liabilities of the party states.

(C) The Commission shall conduct its business affairs pursuant to the

laws of the host state and disputes arising out of Commission action shall

be governed by the laws of the host state. The Commission shall be

located in the capital city of the host state in which the regional disposal

facility is located.

Public (D) The Commission's records shall be subject to the host state's

information, public records law, and the meetings of the Commission shall be open

Records. and public in accordance with the host state's open meeting law.

(E) The Commission members are public officials of the appointing

state and shall be subject to the conflict of interest laws, as well as any

other law, of the appointing state. The Commission members shall be

compensated according to the appointing state's law.

(F) Each Commission member is entitled to one vote. A majority of

the Commission constitutes a quorum. Unless otherwise provided in this

capacity, a majority of the total number of votes on the Commission is

necessary for the Commission to take any action.

(G) The Commission has all of the following duties and authority:

(I) The Commission shall do, pursuant to the authority granted by

this compact, whatever is reasonably necessary to ensure that lowlevel radioactive wastes are safely disposed of and managed within

the region.

(2) The Commission shall meet at least once a year and otherwise as business requires.

(3) The Commission shall establish a compact surcharge to be

imposed upon party state generators. The surcharge shall be based

upon the cubic feet of low-level radioactive waste and the
388 Southwestern Low-Level Waste Compact (P.L. 100-712)

radioactivity of the low-level radioactive waste and shall be collected

by the operator of the disposal facility.

The host state shall set, and the Commission shall impose, the

surcharge after congressional approval of the compact. The amount

of the surcharge shall be sufficient to establish and maintain at a

reasonable level funds for all of the following purposes:

(a) The activities of the Commission and Commission staff.

(b) At the discretion of the host state, a third-party liability

fund to provide compensation for injury to persons or property

during the operational, closure, stabilization, and postclosure and

institutional control periods of the regional disposal facility. This

subparagraph does not limit the responsibility or liability of the

operator, who shall comply with any federal or host state statutes

or regulations regarding third-party liability claims.

(c) A local government reimbursement fund, for the purpose

of reimbursing the local government entity or entities hosting the

regional disposal facility for any costs or increased burdens on the

local governmental entity for services, including, but not limited

to, general fund expenses, the improvement and maintenance of

roads and bridges, fire protection, law enforcement, monitoring by

local health officials, and emergency preparation and response

related to the hosting of the regional disposal facility.

(4) The surcharges imposed by the Commission for purposes of

subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to

paragraph (3) of subdivision (E) of article IV shall be transmitted on a monthly basis to the host state for distribution to the proper accounts.

(5) The Commission shall establish a fiscal year which conforms

to the fiscal years of the party states to the extent possible.

Records. (6) The Commission shall keep an accurate account of all receipts

and disbursements. An annual audit of the books of the Commission

shall be conducted by an independent certified public accountant, and

the audit report shall be made a part of the annual report of the

Commission.

Reports. (7) The Commission shall prepare and include in the annual report

a budget showing anticipated receipts and disbursements for the

subsequent fiscal year.

Gifts and (8) The Commission may accept any grants, equipment, supplies,

property, materials, or services, conditional or otherwise, from the federal or

state government. The nature, amount and condition, if any, of any

donation, grant or other resources accepted pursuant to this paragraph

and the identity of the donor or grantor shall be detailed in the annual

report of the Commission.

However, the host state shall receive, for the uses specified in

subparagraph (E) of paragraph (2) of subsection (d) of section 202le

of Title 42 of the United States Code, any payments paid from the

special escrow account for which the Secretary of Energy is trustee

pursuant to subparagraph (A) of paragraph (2) of subsection (d) of

section 2021e of Title 42 of the United States Code.

Reports. (9) The Commission shall submit communications to the

governors to the presiding officers of the legislatures of the party

states regarding the activities of the Commission, including an annual

report to be submitted on or before January 15 of each year. The

Commission shall include in the annual report a review of, and

recommendations for, low-level radioactive waste disposal methods
Southwestern Low-Level Waste Compact (P.L. 100-712) 389

which are alternative technologies to the shallow land burial of lowlevel radioactive waste.

Public (10) The Commission shall assemble and make available to the

information, party states, and to the public, information concerning low-level

radioactive waste management needs, technologies, and problems.

Records. (11) The Commission shall keep a current inventory of all

generators within the region, based upon information provided by the

party states.

Records. (12) The Commission shall keep a current inventory of all

regional disposal facilities, including information on the size,

capacity, location, specific low-level radioactive wastes capable of

being managed, and the projected useful life of each regional disposal

facility.

(13) The Commission may establish advisory committees for the

purpose of advising the Commission on the disposal and management

of low-level radioactive waste.

(14) The Commission may enter into contracts to carry out its

duties and authority, subject to projected resources. No contract made

by the Commission shall bind a party state.

(15) The Commission shall prepare contingency plans, with the

cooperation and approval of the host state, for the disposal and

management of low-level radioactive waste in the event that any

regional disposal facility should be closed.

(16) The Commission may sue and be sued and, when authorized

by a majority vote of the members, may seek to intervene in an

administrative or judicial proceeding related to this compact.

(17) The Commission shall be managed by an appropriate staff,

including an executive director. Notwithstanding any other provision

of law, the Commission may hire or retain, or both, legal counsel.

(18) The Commission may, subject to applicable federal and state

laws, recommend to the appropriate host state authority suitable land

and rail transportation routes for low-level radioactive waste carriers.

(19) The Commission may enter into an agreement to import lowlevel radioactive waste into the region only if both of the following

requirements are met-

(a) The Commission approves the importation agreement by a

two-thirds vote of the Commission.

(b) The Commission and the host state assess the affected

regional disposal facilities' capability to handle imported lowlevel radioactive wastes and any relevant environmental or

economic factors, as defined by the host state's appropriate

regulatory authorities.

(20) The Commission may, upon petition, allow an individual

generator, a group of generators, or the host state of the compact, to

export low-level radioactive wastes to a low-level radioactive waste

disposal facility located outside the region. The Commission may

approve the petition only by a two-thirds vote of the Commission.

The permission to export low-level radioactive wastes shall be

effective for that period of time and for the amount of low-level

radioactive waste, and subject to any other term or condition, which

may be determined by the Commission.

(21) The Commission may approve, only by a two-thirds vote of

the Commission, the exportation outside the region of material, which

otherwise meets the criteria of low-level radioactive waste, if the sole

purpose of the exportation is to process the material for recycling.
390 Southwestern Low-Level Waste Compact (P.L. 100-712)

(22) The Commission shall, not later than 10 years before the

closure of the initial or subsequent regional disposal facility, prepare

a plan for the establishment of the next regional disposal facility.

Article IV-Rights, Responsibilities, And Obligations Of Party States

(A) There shall be regional disposal facilities sufficient to dispose of

the low-level radioactive waste generated within the region.

(B) Low-level radioactive waste generated within the region shall be

disposed of at regional disposal facilities and each party state shall have

access to any regional disposal facility without discrimination.

(C)( I) Upon the effective date of this compact, the State of

California shall serve as the host state and shall comply with the

requirements of subdivision (E) for at least 30 years from the date the

regional disposal facility begins to accept low-level radioactive waste for

disposal. The extension of the obligation and duration shall be at the

option of the State of California.

If the State of California does not extend this obligation, the party

state, other than the State of California, which is the largest major

generator state shall then serve as the host state for the second regional

disposal facility.

The obligation of a host state which hosts the second regional

disposal facility shall also run for thirty years from the date the second

regional disposal facility begins operations.

Public health (2) The host state may close its regional disposal facility when

and safety. necessary for public health or safety.

(D) The party states of this compact cannot be members of another

regional low-level radioactive waste compact entered into pursuant to the

Low-Level Radioactive Waste Policy Act, as amended by the Low-Level

Radioactive Waste Policy Amendments Act of 1985 (42 USC sections

2021b to 2021j, incl.).

(E) A host state shall do all of the following:

(I) Cause a regional disposal facility to be developed on a timely

basis.

Public health (2) Ensure by law, consistent with any applicable federal laws, the

and safety. protection and preservation of public health and safety in the siting,

design, development, licensing, regulation, operation, closure,

decommissioning, and long-term care of the regional disposal

facilities within the state.

(3) Ensure that charges for disposal of low-level radioactive waste

at the regional disposal facility are reasonably sufficient to do all of

the following:

(a) Ensure the safe disposal of low-level radioactive waste and

long-term care of the regional disposal facility.

(b) Pay for the cost of inspection, enforcement, and

surveillance activities at the regional disposal facility.

(c) Assure that charges are assessed without discrimination as

to the party state of origin.

Reports. (4) Submit an annual report to the Commission on the status of

the regional disposal facility including projections of the facility's

anticipated future capacity.

(5) The host state and the operator shall notify the Commission

immediately upon the occurrence of any event which could cause a

possible temporary or permanent closure of a regional disposal

facility.
Southwestern Low-Level Waste Compact (P.L. 100-712) 391

Commercc and

trade.

Transportation.

Utilities.

Records.

(F) Each party state is subject to the following duties and

authority:

(1) To the extent authorized by federal law, each party shall

develop and enforce procedures requiring low-level radioactive

waste shipments originating within its borders and destined for a

regional disposal facility to conform to packaging and transportation

requirements and regulations. These procedures shall include, but are

not limited to, all of the following requirements:

(a) Periodic inspections of packaging and shipping practices.

(b) Periodic inspections of low-level radioactive waste containers

while in the custody of transporters.

(c) Appropriate enforcement actions with respects to violations.

(2) A party state may impose a surcharge on the low-level

radioactive waste generators within the state to pay for activities

required by paragraph (1).

(3) To the extent authorized by federal law, each party state shall,

after receiving notification from a host state that a person in a party

state has violated packaging, shipping, or transportation requirements

or regulations, take appropriate actions to ensure that these violations

do not continue. Appropriate actions may include, but are not limited

to, requiring that a bond be posted by the violator to pay the cost of

repackaging at the regional disposal facility and prohibit future

shipments to the regional disposal facility.

(4) Each party state shall maintain a registry of all generators

within the state that may have low-level radioactive waste to be

disposed of at a regional disposal facility, including, but not limited

to, the amount of low-level radioactive waste and the class of lowlevel radioactive waste generated by each generator.

(5) Each party state shall encourage generators within its borders

to minimize the volume of low-level radioactive waste requiring

disposal.

(6) Each party state may rely on the good faith performance of the

other party states to perform those acts which are required by this

compact to provide regional disposal facilities, including the use of

the regional disposal facilities in a manner consistent with this

compact.

(7) Each party state shall provide the Commission with any data

and information necessary for the implementation of the

Commission's responsibilities, including taking those actions

necessary to obtain this data or information.

(8) Each party state shall agree that only low-level radioactive

waste generated within the jurisdiction of the party states shall be

disposed of in the regional disposal facility, except as provided in

paragraph (19) of subdivision (G) of article Ill.

(9) Each party state shall agree that if there is any injury to

persons or property resulting from the operation of a regional disposal

facility, the damages resulting from the injury may be paid from the

third-party liability fund pursuant to subparagraph (b) of paragraph

(3) of subdivision (G) of article Ill, only to the extent that the

damages exceed the limits of liability insurance carried by the

operator. No party state, by joining this compact, assumes any

liability resulting from the siting, operation, maintenance, long-term

care, or other activity relating to a regional facility, and no party' state

shall be liable for any harm or damage resulting from a regional

facility not located within the state.
392 Southwestern Low-Level Waste Compact (P.L. 100-712)

Article V-Approval Of Regional Facilities

A regional disposal facility shall be approved by the host state in

accordance with its laws. This compact does not confer any authority on

the Commission regarding the siting, design, development, licensing, or

other regulation, or the operation, closure, decommissioning, or longterm care of, any regional disposal facility within a party state.

Article VI-Prohibited Acts And Penalties

(A) No person shall dispose of low-level radioactive waste within the

region unless the disposal is at a regional disposal facility, except as

otherwise provided in paragraphs (20) and (21) of subdivision (G) of

article Ill.

(B) No person shall dispose of or manage any low-level radioactive

waste within the region unless the low-level radioactive waste was

generated within the region, except as provided in paragraphs (19), (20),

and (21) of subdivision (G) of article III.

(C) Violations of this section shall be reported to the appropriate law

enforcement agency within the party state's jurisdiction.

(D) Violations of this section may result in prohibiting the violator

from disposing of low-level radioactive waste in the regional disposal

facility, as determined by the Commission or the host state.

Article VII-Eligibility, Entry Into Effect, Congressional Consent,

Withdrawal, Exclusion

(A) The States of Arizona, North Dakota, South Dakota, and

California are eligible to become parties to this compact. Any other state

may be made eligible by a majority vote of the Commission and

ratification by the legislatures of all of the party states by statute, and

upon compliance with those terms and conditions for eligibility which

the host state may establish. The host state may establish all terms and

conditions for the entry of any state, other than the states named in this

subparagraph, as a member of this compact.

(B) Upon compliance with the other provisions of this compact, an

eligible state may become a party state by legislative enactment of this

compact or by executive order of the governor of the state adopting this

compact. A state becoming a party state by executive order shall cease to

be a party state upon adjournment of the first general session of its

legislature convened after the executive order is issued, unless before the

adjournment the legislature enacts this compact.

(C) A party state, other than the host state, may withdraw from the

compact by repealing the enactment of this compact, but this withdrawal

shall not become effective until two years after the effective date of the

repealing legislation. If a party state which is a major generator of lowlevel radioactive waste voluntarily withdraws from the compact pursuant

to this subdivision, that state shall make arrangements for the disposal of

the other party states' low-level radioactive waste for a time period equal

the period of time it was a member of this compact.

If the host state withdraws from the compact, the withdrawal shall not

become effective until five years after the effective date of the repealing

legislation.

(D) A party state may be excluded from this compact by a two-thirds

vote of the Commission members, acting in a meeting, if the state to be

excluded has failed to carry out any obligations required by compact.
Southwestern Low-Level Waste Compact (P.L. 100-712) 393

Effective date. (E) This compact shall take effect upon the enactment by statute by

the legislatures of the State of California and at least I other eligible state

and upon the consent of Congress and shall remain in effect until

otherwise provided by federal law. This compact is subject to review by

Congress and the withdrawal of the consent of Congress every 5 years

after its effective date, pursuant to federal law.

Article VIII-Construction And Severability

(A) The provisions of this compact shall be broadly construed to

carry out the purposes of the compact, but the sovereign powers of a party state shall not be infringed unnecessarily.

(B) This compact does not affect any judicial proceeding pending on the effective date of this compact.

(C) If any provision of this compact or the application thereof to any

person or circumstances is held invalid, that invalidity shall not affect

other provision or applications of the compact which can be given effect

without the invalid provision or application, and to this end the

provisions of this compact are severable.

(D) Nothing in this compact diminishes or otherwise impairs the

jurisdiction, authority, or discretion of either of the following:

(I) The Nuclear Regulatory Commission pursuant to the Atomic

Energy Act of 1954, as amended (42 USC section 2011 et seq.).

(2) An agreement state under section 274 of the Atomic Energy

Act of 1954, as amended (42 USC section 2021).

(E) Nothing in this compact confers any new authority on the states or Commission to do any of the following:

(I) Regulate the packaging or transportation of low-level

radioactive waste in a manner inconsistent with the regulations of the

Nuclear Regulatory Commission or the United States Department of

Transportation.

(2) Regulate health, safety, or environmental hazards from source,

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of

the Nuclear Regulatory Commission.
394 Texas Low-Level Waste Compact (P.L. 105-236)

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE

DISPOSAL COMPACT CONSENT ACT

Public Law 105-236 112 Stat. 1542

Texas Low-Level

Radioactive

Waste Disposal

Compact Consent

Act.

42 USC 202 1d

note.

42 USC 2021d

note.

42 USC 2021d

note.

Efl'ective date.

42 USC 2021d

note.

42 USC 2021d

note.

Maine.

Vermont.

September 20, 1998

An Act

To grant the consent of the Congress to the Texas Low-Level

Radioactive Waste Disposal Compact.

Be it enacted by the Senate and House of Representatives of the

United States ofAtnerica in Congress assembled,

See. 1. Short Title

This Act may be cited as the "Texas Low-Level Radioactive Waste

Disposal Compact Consent Act."

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act (42 USC

2021 b et seq.).

Sec. 3. Conditions Of Consent To Compact

The Consent of the Congress to the compact set forth in section 5-

(I) shall become effect on the date of the enactment of this Act;

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act (42 USC 202 1b et seq.); and

(3) is granted only for so long as the regional commission

established in the compact complies with all of the provisions of such

Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with respect to the

compact set forth in section 5 after the expiration of the 10-year period

following the date of the enactment of this Act, and at such intervals

thereafter as may be provided in such compact.

Sec. 5. Texas Low-Level Radioactive Waste Compact

(a) CONSENT OF CONGRESS.-In accordance with section 4(a)(2)

of the Low-Level Radioactive Waste Policy Act (42 USC 202 1d(a)(2)),

the consent of Congress is given to the States of Texas, Maine, and

Vermont to enter into the compact set forth in subsection (b).

Article 1. Policy And Purpose

SEC. 1.01. The party states recognize a responsibility for each state

to seek to .manage low-level radioactive waste generated within its

boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as

amended by the Low-Level Radioactive Waste Policy Amendments Act

of 1985 (42 USC 2021b-2021j). They also recognize that the United

States Congress, by enacting the Act, has authorized and encouraged

states to enter into compacts for the efficient management and disposal of

low-level radioactive water. It is the policy of the party states to

cooperate in the protection of the health, safety, and welfare of their

citizens and the environment and to provide for and encourage the

economical management and disposal of low-level radioactive waste. It

is the purpose of this compact to provide the framework for such a
Texas Low-Level Waste Comoact (P.L. 105-236) 395

cooperative effort; to promote the health, safety, and welfare of the

citizens and the environment of the party states; to limit the number of

facilities needed to effectively, efficiently, and economically manage

low-level radioactive waste and to encourage the reduction of the

generation thereof; and to distribute the costs, benefits, and obligations

among the party states; all in accordance with the terms of this compact.

Article I!. Definitions

SEC. 2.01. As used in this compact, unless the context clearly

indicates otherwise, the following definitions apply:

(I) "Act" means the Low-Level Radioactive Waste Policy Act, as

amended by the Low-Level Radioactive Waste Policy Amendments

Act of 1985 (42 USC 2021b-2021j).

(2) "Commission" means the Texas Low-Level Radioactive

Waste Disposal compact Commission established in Article III of this

compact.

(3) "Compact facility" or "facility" means any site, location,

structure, or property located in and provided by the host state for the

purpose of management or disposal of low-level radioactive waste for

which the party states are responsible.

(4) "Disposal" means the permanent isolation of low-level

radioactive waste pursuant to requirements established by the United

States Nuclear Regulatory Commission and the United States

Environmental Protection Agency under applicable laws, or by the

host state.

(5) "Generate" when used in relation to low-level radioactive

waste, means to produce low-level radioactive waste.

(6) "Generator" means a person who produces or processes lowlevel radioactive waste in the course of its activities, excluding

persons who arrange for the collection, transportation, management,

treatment, storage, or disposal of waste generated outside the party

states, unless approved by the commission.

(7) "Host county" means a county in the host state in which a

disposal facility is located or is being developed.

(8) "Host state" means a party state in which a compact facility is

located or is being developed. The State of Texas is the host state

under this compact.

(9) "Institutional control period" means that period of time

following closure of the facility and transfer of the facility license

from the operator to the custodial agency in compliance with the

appropriate regulations for long-term observation and maintenance.

(10) "Low-Level radioactive waste" has the same meaning as that

term is defined in section 2(9) of the Act (42 USC 202 1b(9)), or in

the host state statute so long as the waste is not incompatible with

management and disposal at the compact facility.

(1I) "Management" means collection, consolidation, storage,

packaging, or treatment.

(12) "Operator" means a person who operates a disposal facility.

(13) "Party state" means any state that has become a party in

accordance with Article VII of this compact. Texas, Maine, and

Vermont are initial party states under this compact.

(14) "Person" means an individual, corporation, partnership or

other legal entity, whether public or private.

(15) "Transporter" means a person who transports low-level

radioactive waste.
396 Texas Low-Level Waste Compact (P.L. 105-236)

Article Ill. The Commission

Establishment. SEC. 3.01. There is hereby established the Texas Low-Level

Radioactive Waste disposal Compact Commission. The commission

shall consist of one voting member from each party state except that the

host state shall be entitled to six voting members. Commission members

shall be appointed by the party state governors, as provided by the laws

of each party state. Each party state may provide alternates for each

appointed member.

SEC. 3.02. A quorum of the commission consists of a majority of the

members. Except as otherwise provided in this compact, an official act

of the commission must receive the affirmative vote of a majority of its

members.

SEC. 3.03. The commission is a legal entity separate and distinct

from the party states and has governmental immunity to the same extent

as an entity created under the authority of Article XVI, section 59, of the

Texas Constitution. Members of the commission shall not be personally

liable for actions taken in their official capacity. The liabilities of the

commission shall not be deemed liabilities of the party states.

SEC. 3.04. The Commission shall:

(I) Compensate its members according to the host state's law.

Records. (2) Conduct its business, hold meetings, and maintain public

records pursuant to laws of the host state, except that notice of public

meetings shall be given in the non-host party states in accordance

with their respective statutes.

(3) Be located in the capital city of the host state.

(4) Meet at least once a year and upon the call of the chair, or any

member. The governor of the host state shall appoint a chair and

vice-chair.

Records. (5) Keep an accurate account of all receipts and disbursements.

An annual audit of the books of the commission shall be conducted

by an independent certified public accountant, and the audit report

shall be made a part of the annual report of the commission.

(6) Approve a budget each year and establish a fiscal year that

conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement continency plans for the

disposal and management of low-level radioactive waste in the event

that the compact facility should be closed. Any plan which requires

the host state to store or otherwise manage the low-level radioactive

waste from all the party states must be approved by at least four host

state members of the commission. The commission, in a contingency

plan or otherwise, may not require a non-host party state to store lowlevel radioactive waste generated outside of the state.

Reports. (8) Submit communications to the governors and to the presiding

Deadlines. officers of the legislatures of the party states regarding the activities

of the commission, including an annual report to be submitted on or

before January 31 of each year.

Public (9) Assembly and make available to the party states, and to the

inforination. public, information concerning low-level radioactive waste

management needs, technologies, and problems.

Records. (10) Keep a current inventory of all generators within the party

states, based upon information provided by the party states.

Deadlines. (11) By no later than 180 days after all members of the

commission are appointed under section 3.01 of this article, establish

by rule the total volume of low-level radioactive waste that the host
Texas Low-Level Waste Compact (P.L. 105-236) 397

state will dispose of in the compact facility in the years 1995-2045,

including decommissioning waste. The shipments of low-level

radioactive waste from all non-host party states shall not exceed 20

percent of the volume estimated to be disposed of by the host state

during the 50-year period. When averaged over such 50-year period,

the total of all shipments from non-host party states shall not exceed

20,000 cubic feet a year. The commission shall coordinate the

volumes, timing, and frequency of shipments from generators in the

non-host party states in order to assure that over the life of this

agreement shipments from the non-host party states do not exceed 20

percent of the volume projected by the commission under this

paragraph.

SEC 3.05. The commission may:

(I) Employ staff necessary to carry out its duties and functions.

The commission is authorized to use to the extent practicable the

services of existing employees of the party states. Compensation

shall be as determined by the commission.

(2) Accept any grants, equipment, supplies, materials, or services,

conditional or otherwise, from the federal or state government. The

nature, amount and condition , if any, of any donation, grant or other

resources accepted pursuant to this paragraph and the identity of the

donor or grantor shall be detailed in the annual report of the

commission.

(3) Enter into contracts to carry out its duties and authority,

subject to projected resources. No contract made by the commission

shall bind a party state.

(4) Adopt, by a majority vote, bylaws and rules necessary to carry

out the terms of this compact. Any rules promulgated by the

commission shall be adopted in accordance with the Administrative

Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas

Civil Statutes).

(5) Sue and be sued and, when authorized by a majority vote of

the members, seek to intervene in administrative or judicial

proceedings related to this compact.

(6) Enter into an agreement with any person, state, regional body,

or group of states for the importation of low-level radioactive waste

into the compact for management or disposal, provided that the

agreement receives a majority vote of the commission. The

commission may adopt such conditions and restrictions in the

agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of

generators, or the host state of the compact, to export low-level waste

to a low-level radioactive waste disposal facility located outside the

party states. The commission may approve the petition only by a

majority vote of its members. The permission to export low-level

radioactive waste shall be effective for that period of time and for the

specified amount of low-level radioactive waste, and subject to any

other term or condition, as is determined by the commission.

(8) Monitor the exportation outside of the party states of material,

which otherwise meets the criteria of low-level radioactive waste,

where the sole purpose of the exportation is to manage or process the

material for recycling or waste reduction and return it to the party

states for disposal in the compact facility.
398 Texas Low-Level Waste Compact (P.L. 105-236)

SEC. 3.06. Jurisdiction and venue of any action contesting any action

of the commission shall be in the United States District Court in the

district where the commission maintains its office.

Article IV. Rights, Responsibilities, And Obligations Of Party

SEC. 4.01. The host state shall develop and have full administrative

control over the development, management and operation of a facility for

the disposal of low-level radioactive waste generated within the party

states. The host state shall be entitled to unlimited use of the facility over

its operating life. Use of the facility by the non-host party states for

disposal of low-level radioactive waste, including such waste resulting

from decommissioning of any nuclear electric generation facilities

located in the party states, is limited to the volume requirements of

section 3.04(1 1) of Article Ill.

SEC. 4.02. Low-level radioactive waste generated within the party

states shall be disposed of only at the compact facility, except as

provided in section 3.05(7) of Article Ill.

SEC. 4.03. The initial states of this compact cannot be members of

another low-level radioactive waste compact entered into pursuant to the

Act.

SEC. 4.04. The host state shall do the following

(I) Cause a facility to be developed in a timely manner and

operated and maintained through the institutional control period.

(2) Ensure, consistent with any applicable federal and host state

laws, the protection and preservation of the environment and the

public health and safety in the siting, design, development, licensing,

regulation, operation, closure, decommissioning, and long-term care

of the disposal facilities within the host state.

Notification. (3) Close the facility when reasonably necessary to protect the

public health and safety of its citizens or to protect its natural

resources from harm. However, the host state shall notify the

commission of the closure within three days of its action and shall,

within 30 working days of its action, provide a written explanation to

the commission of the closure, and implement any adopted

contingency plan.

(4) Establish reasonable fees for disposal at the facility of lowlevel radioactive waste generated in the party states based on disposal

fee criteria set out in sections 402,272 and 402,273, Texas Health and

Safety Code. The same fees shall be charged for the disposal of lowlevel radioactive waste that was generated in the host state and in the

non-host party states. Fees shall also be sufficient to reasonably

support the activities of the Commission.

Reports. (5) Submit an annual report to the commission on the status of the

facility, including projections of the facility's anticipated future

capacity, and on the related funds.

Notification. (6) Notify the Commission immediately upon the occurrence of

any event which could cause a possible temporary or permanent

closure of the facility and identify all reasonable options for the

disposal of low-level radioactive waste at alternate compact facilities

or, by arrangement and commission vote, at non-compact facilities.

Notification. (7) Promptly notify the other party states of any legal action

involving the facility.

(8) Identify and regulate, in accordance with federal and host state

law, the means and routes of transportation of low-level radioactive

waste in the host state.
Texas Low-Level Waste Comnact (P.L. 105-236) 399

SEC. 4.05. Each party state shall do the following:

(1) Develop and enforce procedures requiring low-level

radioactive waste shipments originating within its borders and

destined for the facility to conform to packaging, processing, and

waste form specifications of the host state.

(2) Maintain a registry of all generators within the state that may

have low-level radioactive waste to be disposed of at a facility,

including, but not limited to, the amount of low-level radioactive

waste and the class of low-level radioactive waste generated by each

generator.

(3) Develop and enforce procedures requiring generators within

its borders to minimize the volume of low-level radioactive waste

requiring disposal. Nothing in this compact shall prohibit the storage,

treatment, or management of waste by a generator.

(4) Provide the commission with any data and information

necessary for the implementation of the commission's

responsibilities, including taking those actions necessary to obtain

this data or information.

(5) Pay for community assistance projects designated by the host

county in an amount for each non-host party state equal to 10 percent

of the payment provided for in Article V for each such state. One-half

of the payment shall be due and payable to the host county on the first

day of the month following ratification of this compact agreement by

Congress and one-half of the payment shall be due and payable on the

first day of the month following the approval of a facility operating

license by the host state's regulatory body.

(6) Provide financial support for the commission's activities prior

to the date of facility operation and subsequent to the date of

congressional ratification of this compact under section 7.07 of

Article VII. Each party state will be responsible for annual payments

equaling its pro-rata share of the commission's expenses, incurred for

administrative, legal, and other purposes of the commission.

(7) If agreed by all parties to a dispute, submit the dispute to

arbitration or other alternate dispute resolution process. If arbitration

is agreed upon, the governor of each party state shall appoint an

arbitrator. If the number of party states is an even number, the

arbitrators so chosen shall appoint an additional arbitrator. The

determination of a majority of the arbitrators shall be binding on the

party states. Arbitration proceedings shall be conducted in

accordance with the provisions of 9 USC sections I to 16. If all

parties to a dispute do not agree to arbitration or alternate dispute

resolution process, the United States District Court in the district

where the commission maintains its office shall have original

jurisdiction over any action between or among parties to this

compact.

(8) Provide on a regular basis to the commission and host state-

(A) an accounting of waste shipped and proposed be

shipped to the compact facility, by volume and curies;

(B) proposed transportation methods and routes; and

(C) proposed shipment schedules.

(9) Seek to join in any legal action by or against the host state to

prevent nonparty states or generators from disposing of low-level

radioactive waste at the facility.
400 Texas Low-Level Waste Compact (P.L. 105-236)

SEC. 4.06. Each party state shall act in good faith and may rely on

the good faith performance of the other party states regarding

requirements of this compact.

Article V. Party State Contributions

SEC. 5.01. Each party state, except the host state, shall contribute a

total of $25 million to the host state. Payments shall be deposited in the

host state treasure to the credit of the low-level waste fund in the

Deadline. following manner except as otherwise provided. Not later than the 60tf

day after the date of congressional ratification of this compact, each state

shall pay to the host state $12.5 million. Not later than the 60th day after

the date of the opening of the compact facility, each non-host party state

shall pay to the host state an additional $12.5 million.

SEC. 5.02. As an alternative, the host state and the non-host states

may provide for payments in the same total amount as stated above to be

made to meet the principal and interest expense associated with the bond

indebtedness or other form of indebtedness issued by the appropriate

agency of the host state for purposes associated with the development,

operation, and post-closure monitoring of the compact facility. In the

event the member states proceed in this manner, the payment schedule

shall be determined in accordance with the schedule of debt repayment.

This schedule shall replace the payment schedule described in section

5.01 of this article.

Article VI. Prohibited Acts And Penalties

SEC. 6.01. No person shall dispose of low-level radioactive waste

generated within the party states unless the disposal is at the compact

facility, except as otherwise provided in section 3.05(7) of Article Ill..

SEC. 6.02. No person shall manage or dispose of any low-level

radioactive waste within the party states unless the low-level radioactive

waste was generated within the party states, except as provided in section

3.05(6) of Article Ill. Nothing herein shall be construed to prohibit the

storage or management of low-level radioactive waste by a generator, nor

its disposal pursuant to 10 CFR Part 20.302.

SEC. 6.03. Violations of this article may result in prohibiting the

violator from disposing of low-level radioactive waste in the compact

facility, or in the imposition of penalty surcharges on shipments to the

facility, as determined by the commission.

Article VII. Eligibility, Entry Into Effect; Congressional Consent;

Withdrawal; Exclusion

SEC. 7.01. The states of Texas, Maine, and Vermont are party states

to this compact. Any other state may be made eligible for party status by

a majority vote of the commission and ratification by the legislature of

the host state, subject to fulfillment of the rights of the initial non-host

party states under section 3.04(11) of Article Ill and section 4.01 of

Article IV, and upon compliance with those terms and conditions for

eligibility that the host state may establish. The host state may establish

all terms and conditions for the entry of any state, other than the states names in this section, as a member of this compact; provided, however,

the specific provisions of this compact, except for those pertaining to the

composition of the commission and those pertaining to section 7.09 of

this article, may not be changed except upon ratification by the

legislatures of the party states.
Texas Low-Level Waste Compact (P.L. 105-236) 401

SEC. 7.02. Upon compliance with the other provisions of this

compact, a state made eligible under section 7.01 of this article may

become a party state by legislative enactment of this compact or by

executive order of the governor of the state adopting this compact. A

state becoming a party state by executive order shall cease to be a party

state upon adjournment of the first general session of its legislature

convened after the executive order is issued, unless before the

adjournment, the legislature enacts this compact.

SEC. 7.03. Any party state may withdraw from this compact by

repealing enactment of this compact subject to the provisions herein. In

the event the host state allows an additional state or additional states to

join the compact, the host state's legislature, without the consent of the

non-host party states, shall have the right to modify the composition of

the commission so that the host state shall have a voting majority on the

commission, provided, however, that any modification maintains the

right of each initial party state to retain one voting member on the

commission.

Effective Date. SEC. 7.04. If the host state withdraws from the compact, the

withdrawal shall not become effective until five years after enactment of

the repealing legislation and the non-host party states may continue to

use the facility during that time. The financial obligation of the non-host

party states under Article V shall cease immediately upon enactment of

the repealing legislation. If the host state withdraws from the compact or

abandons plans to operate a facility prior to the date of any non-host

party state payment under sections 4.05(5) and (6) of Article IV or

Article V, the non-host party states are relieved of any obligations to

make the contributions. This section sets out the exclusive remedies for

the non-host party states if the host state withdraws from the compact or

is unable to develop and operate a compact facility.

Effective date. SEC. 7.05. A party state, other than the host state, may withdraw

from the compact by repealing the enactment of this compact, but this

withdrawal shall not become effective until two years after the effective

date of the repealing legislation. During this two-year period the party

state will continue to have access to the facility. The withdrawing party

shall remain liable for any payments under sections 4.05(5) and (6) of

Article IV that were due during the two-year period, and shall not be

entitled to any refund of payments previously made.

SEC. 7.06. Any party state that substantially fails to comply with the

terms of the compact or to fulfill its obligations hereunder may have its

membership in the compact revoked by a seven-eighths vote of the

commission following notice that a hearing will be scheduled not less

than six months from the date of the notice. In all other respects,

revocation proceedings undertaken by the commission will be subject to

the Administrative Procedure and Texas Register Act (Article 6252-13a,

Vernon's Texas Civil Statutes), except that a party state may appeal the

Effcctivc date. commission's revocation decision to the United States District Court in

accordance with section 3.06 of Article III. Revocation shall take effect

one year from date such party state receives written notice from the

commission of a final action.

Written notice of revocation shall be transmitted immediately following

the vote of the commission, by the chair, to the governor of the affected

party state, all other governors of party states, and to the United States

Congress.
402 Texas Low-Level Waste Compact (P.L. 105-236)

Effective date. SEC. 7.07. This compact shall take effect following its enactment

under the laws of the host state and any other party state and thereafter

upon the consent of the United States Congress and shall remain in effect

until otherwise provided by federal law. If Texas and either Maine or

Vermont ratify this compact, the compact shall be in full force and effect

as to Texas and the other ratifying state, and this compact shall be

interpreted as follows:

(I) Texas and the other ratifying state are the initial party states.

(2) The commission shall consist of two voting members from the

other ratifying state and six from Texas.

(3) Each party state is responsible for its pro-rata share of the

commission's expenses.

SEC. 7.08. This compact is subject to review by the United States

Congress and the withdrawal of the consent of Congress every five years

after its date, pursuant to federal law.

SEC. 7.09. The host state legislature, with the approval of the

governor, shall have the right and authority, without the consent of the

non-host party states, to modify the provisions contained in section

3.04(11) of Article III to comply with section 402.219(c)(1), Texas

Health & Safety Code, as long as the modification does not impair the

rights of the initial non-hose party states.

Article VIII. Construction And Severability

SEC. 8.01. The provisions of this compact shall be broadly construed

to carry out the purposes of the compact, but the sovereign powers of a

party shall not be infringed upon unnecessarily.

SEC. 8.02. This compact does not affect any judicial proceeding

pending on the.effective date of this compact.

SEC. 8.03. No party state acquires any liability, by joining this

compact, resulting from the siting, operation, maintenance, long-term

care or any other activity relating to the compact facility. No non-host

party state shall be liable for any harm or damage from the siting,

operation, maintenance, or long-term care relating to the compact

facility. Except as otherwise expressly provided in this compact, nothing

in this compact shall be construed to alter the incidence of liability of any

kind for any act or failure to act. Generators, transporters, owners and

operators of the facility shall be liable for their acts, omissions, conduct

or relationships in accordance with applicable law. By entering, into this

compact and securing the ratification by Congress of its terms, no party

state acquires a potential liability under section 5(d)(2)(C) of the Act (42

USC section 2021e(d)(2)(C)) that did not exist prior to entering into this

compact.

SEC. 8.04. If a party state withdraws from the compact pursuant to

section 7.03 of Article VII or has its membership in this compact revoked

pursuant to section 7.06 of Article VII, the withdrawal or revocation shall

not affect any liability already incurred by or chargeable to the affected

state under section 8.03 of this article.

SEC. 8.05. The provisions of this compact shall be severable and if

any phrase, clause, sentence, or provision of this compact is declared by a

court of competent jurisdiction to be contrary to the constitution of any

participating state or of the United States or the applicability thereof to

any government, agency, person or circumstances is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person, or circumstance shall not be affected

thereby to the extent the remainder can in all fairness be given effect. If
Texas Low-Level Waste Compact (P.L. 105-236) 403

any provision of this compact shall be held contrary to the constitution of

any state participating therein, the compact shall remain in full force and

effect as to the state affected as to all severable matters.

SEC. 8.06. Nothing in this compact diminishes or otherwise impairs

the jurisdiction, authority, or discretion of either of the following:

(I) The United States Nuclear Regulatory Commission pursuant

to the Atomic Energy Act of 1954, as amended (42 USC section

2011 el. seq.).

(2) An agreement state under section 274 of the Atomic Energy

Act of 1954, as amended (42 USC 2021).

SEC. 8,07. Nothing in this compact confers any new authority on the

states or commission to do any of the following:

(1) Regulate the packaging or transportation of low-level

radioactive waste in a manner inconsistent with the regulations of the

United States Nuclear Regulatory Commission or the United States

Department of Transportation.

(2) Regulate health, safety, or environmental hazards from source,

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the

United States Nuclear Regulatory Commission.

Hiah-Level Radioactive Waste 405

ighLevlRdociv"at 0

6. High-Level Radioactive Waste

407

Hi .h-Level Radioactive Waste

6. High-Level Radioactive Waste

Contents

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

Sec. I. Short Title And Table Of Contents ............................................. 411

S ec. 2. D efin itio n s ..................................................................................... 4 11

S ec. 3 . S ep a ra b ility .................................................................................... 4 14

Sec. 4. Territories A nd Possessions .......................................................... 414

Sec. 5. O cean D isposal .............................................................................. 4 14

Sec. 6. Limitation On Spending Authority .............................................. 414

Sec. 7. Protection Of Classified National Security Information ............ 414

Sec. 8. A pplicability ................................................................................... 4 14

S ec. 9. A p p licab ility ................................................................................... 4 15

Title I-Disposal And Storage Of High-Level Radioactive Waste, Spent

Nuclear Fuel, And Low-Level Radioactive Waste ........................................... 415

See. 101. State And Affected Indian Tribe Participation In

Development Of Proposed Repositories For Defense Waste .................. 415

Subtitle A-Repositories For Disposal Of High-Level Radioactive Waste

A nd Spent N uclear Fuel ......................................................................... 4 15

Sec. 111. Findings A nd Purposes ............................................................. 415

Sec. 112. Recommendation Of Candidate Sites For Site

C h a racterizatio n ........................................................................................ 4 16

Sec. 113. Site C haracterization ................................................................ 419

Sec. 114. Site Approval And Construction Authorization ..................... 421

Sec. 115. Review Of Repository Site Selection ........................................ 424

Sec. 116. Participation O f States ............................................................. 427

Sec. 117. Consultation With States And Affected Indian Tribes .......... 430

Sec. 118. Participation O f Indian Tribes ................................................. 432

Sec. 119. Judicial Review Of Agency Actions ......................................... 434

Sec. 120. Expedited A uthorizations ......................................................... 435

Sec. 121, Certain Standards And Criteria .............................................. 435

Sec. 122. Disposal Of Spent Nuclear Fuel ............................................... 436

Sec. 123. T itle T o M aterial ....................................................................... 436

Sec. 124. Consideration Of Effect Of Acquisition Of Water Rights ..... 436

Sec. 125. Termination Of Certain Provisions ......................................... 437

Subtitle B-Interim Storage Program .................................................................. 437

Sec. 131. Findings A nd Purposes ............................................................. 437

Sec. 132. Available Capacity For Interim Storage Of Spent Nuclear

F u e l .............................................................................................................. 4 3 7

Sec. 133. Interim At Reactor Storage ...................................................... 437

Sec. 134. Licensing Of Facility Expansions And Transshipments ........ 438

Sec. 135. Storage Of Spent Nuclear Fuel ................................................. 439

Sec. 136. Interim Storage Fund ............................................................... 445

Sec. 137. T ransportation ........................................................................... 448

Subtitle C-Monitored Retrievable Storage ......................................................... 448

Sec. 141. Monitored Retrievable Storage ................................................ 448

Sec. 142. Authorization of Monitored Retrievable Storage ................... 451

Sec. 143. Monitored Retrievable Storage Commission .......................... 451

S ec. 14 4. S u rv ey ......................................................................................... 4 53

Sec. 145. S ite S election .............................................................................. 4 53
408 High-Level Radioactive Waste

Sec. 146. Notice O f D isapproval ............................................................... 454

See. 147. Benefits Agreement .................................. 454

Sec. 148. Construction Authorization ...................................................... 455

See. 149. Financial A ssistance .................................................................. 455

Subtitle D-Low-Level Radioactive Waste ........................................................... 456

Sec. 151. Financial Arrangements For Low-Level Radioactive Waste

S ite C lo su re ................................................................................................. 4 56

Subtitle E-Redirection Of The Nuclear Waste Program .................................. 457

Sec. 160. Selection Of Yucca Mountain Site ........................................... 457

Sec. 161. Siting A Second Repository ...................................................... 457

Su btitle F- B enefits ............................................................................................... 458

Sec. 170. Benefits A greem ents .................................................................. 458

Sec. 171. Content O f Agreem ents ............................................................ 458

Sec. 172. R eview P anel .............................................................................. 460

S ec. 173. T erm inatio n ............................................................................... 46 1

Subtitle C -O ther B enefits .................................................................................... 461

Sec. 174. Consideration In Siting Facilities ............................................. 461

S ec. 175. R ep o rt ......................................................................................... 4 6 1

Subtitle H -T ransportation ................................................................................. 462

Sec. 180. T ransportation ........................................................................... 462

Title II-Research, Development, And Demonstration Regarding Disposal

Of High-Level Radioactive Waste And Spent Nuclear Fuel ........................... 462

S ec. 2 11. P u rp ose ....................................................................................... 4 62

Sec. 2 12. A pplicability ............................................................................... 463

Sec. 213. Identification O f Sites ............................................................... 463

Sec. 214. Siting Research And Related Activities ................................... 464

Sec. 215. Test And Evaluation Facility Siting Review And Reports ..... 465

Sec. 216. Federal A gency A ctions ............................................................ 466

Sec. 217. Research And Development On Disposal Of High-Level

R ad ioactive W aste ...................................................................................... 466

Sec. 218. Research And Development On Spent Nuclear Fuel .............. 469

Sec. 219. Payments To States And Indian Tribes ................................... 471

Sec. 220. Study Of Research And Development Needs For Monitored

R etrievable Storage Proposal .................................................................... 471

Sec. 22 1. Judicial R eview .......................................................................... 47 1

See. 222. Research On Alternatives For The Permanent Disposal Of

H igh-Level Radioactive W aste .................................................................. 471

Sec. 223. Technical Assistance To Non-Nuclear Weapon States In

The Field Of Spent Fuel Storage And Disposal ....................................... 471

Sec. 224. Subseabed D isposal ................................................................... 472

Title Ill-Other Provisions Relating To Radioactive Waste ............................... 473

Sec. 30 1. M ission P lan ............................................................................... 473

Sec. 302. N uclear W aste Fund .................................................................. 475

Sec. 303. Alternative Means Of Financing .............................................. 479

Sec. 304. Office Of Civilian Radioactive Waste Management ............... 479

Sec. 305. Location Of Test And Evaluation Facility .............................. 480

See. 306. Nuclear Regulatory Commission Training Authorization ..... 480

Title IV-N uclear W aste Negotiator ...................................................................... 481

Sec. 40 1. D efin itio n .................................................................................... 4 8 1

Sec. 402. The Office Of The Nuclear Waste Negotiator ......................... 481

See. 403. D uties O f The Negotiator .......................................................... 481
409

HI h-.eve. Rad.ioactive Waste40

Sec. 404. Environmental Assessment Of Sites ........................................ 482

See. 405. Site Characterization; Licensing ................... 483

Sec. 406. M onitored Retrievable Storage............................................... 483

See. 407. Environmental Im pact Statement ............................................ 483

Sec. 408. Administrative Powers Of The Negotiator .............................. 484

Sec. 409. Cooperation Of Other Departments And Agencies ................ 484

Sec. 410. Term ination O f The O ffice ....................................................... 485

Sec. 411. Authorization Of Appropriations ............................................ 485

Title V-Nuclear W aste Technical Review Board ................................................ 485

S ec. 50 1. D efin itions .................................................................................. 4 85

Sec. 502. Nuclear Waste Technical Review Board ................................. 485

S ec. 503. F unctions .................................................................................... 4 86

Sec. 504. Investigatory Pow ers ................................................................. 486

Sec. 505. Compensation Of M em bers ...................................................... 486

Sec. 506. Staff ....................................... 486

Sec. 507. Support Services ........................................................................ 487

S ec. 508. R ep o rt ......................................................................................... 4 87

Sec. 509. Authorization O f Appropriations ............................................ 487

Sec. 510. Term ination O f The Board ....................................................... 487

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT

OF 1992-(ENVIRONMENTAL PROTECTION STANDARDS) ...... 488

Title VIII - H igh-Level Radioactive W aste ......................................................... 488

Sec. 801. N uclear W aste D isposal ............................................................ 488

Sec. 803. Nuclear W aste M anagement Plan ............................................ 489

C. PERTINENT PROVISIONS OF THE RONALD W. REAGAN

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

YEAR 2005--(WASTE INCIDENTAL TO REPROCESSING) .......... 490

Sec. 3116. Defense Site Acceleration Completion ................................... 490

D. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT

OF 2005--(GREATER-THAN-CLASS C WASTE) .............................. 492

Sec. 631. Safe Disposal Of Greater-Than-Class C Radioactive Waste..492

Nuclear Waste Policv Act of 1982 (P.L. 97-425) 411

Nula at oiyAto 198 (PL 745f1

A. NUCLEAR WASTE POLICY ACT OF 1982, AS

AMENDED

Public Law 97-425 96 Stat. 2201

42 USC 10101.

January 7, 1983

Sec. 1. Short Title And Table Of Contents

This Act may be cited as the "Nuclear Waste Policy Act of 1982."

(TOC not duplicated here.)

Sec. 2. Definitions

For purposes of this Act:

(1) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) The term "affected Indian tribe" means any Indian tribe-

(A) within whose reservation boundaries a monitored

retrievable storage facility, test and evaluation facility, or a

repository for high-level radioactive waste or spent fuel is

proposed to be located;

(B) whose federally defined possessory or usage rights to

other lands outside of the reservation's boundaries arising out of

congressionally ratified treaties may be substantially and

adversely affected by the locating of such a facility: Provided,

That the Secretary of the Interior finds, upon the petition of the

appropriate governmental officials of the tribe, that such effects

are both substantial and adverse to the tribe;

(3) the term "atomic energy defense activity" means any activity

of the Secretary performed in whole or in part in carrying out any of

the following functions:

(A) naval reactors development;

(B) weapons activities including defense inertial confinement

fusion;

(C) verification and control technology;

(D) defense nuclear materials production;

(E) defense nuclear waste and materials by-products

management;

(F) defense nuclear materials security and safeguards and

security investigations; and

(G) defense research and development.

(4) The term "candidate site" means an area, within a geologic

and hydrologic system, that is recommended by the Secretary under

section 112 for site characterization, approved by the President under

section 112 for site characterization, or undergoing site

characterization under section 113.

(5) The term "civilian nuclear activity" means any atomic energy

activity other than an atomic energy defense activity.

(6) The term "civilian nuclear power reactor" means a civilian

nuclear power plant required to be licensed under section 103 or

104b. of the Atomic Energy Act of 1954 (42 USC 2133, 2134(b)).

(7) The term "Commission" means the Nuclear Regulatory

Commission.

(8) The term "Department" means the Department of Energy.

(9) The term "disposal" means the emplacement in a repository of

high-level radioactive waste, spent nuclear fuel, or other highly

radioactive material with no foreseeable intent of recovery, whether

or not such emplacement permits the recovery of such waste.
412 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(10) The terms "disposal package" and "package" mean the

primary container that holds, and is in contact with, solidified highlevel radioactive waste, spent nuclear fuel, or other radioactive

materials, and any overpacks that are emplaced at a repository.

(11) The term "engineered barriers" means manmade components

of a disposal system designed to prevent the release of radionuclides

into the geologic medium involved. Such term includes the highlevel radioactive waste form, high-level radioactive waste canisters,

and other materials placed over and around such canisters.

(12) The term "high-level radioactive waste" means-

(A) the highly radioactive material resulting from the

reprocessing of spent nuclear fuel, including liquid waste

produced directly in reprocessing and any solid material derived

from such liquid waste that contains fission products in sufficient

concentrations; and

(B) other highly radioactive material that the Commission,

consistent with existing law, determines by rule requires

permanent isolation.

(13) The term "Federal agency" means any Executive agency, as defined in section 105 of title 5, United States Code.

(14) The term "Governor" means the chief executive officer of a

State.

(15) The term "Indian tribe" means any Indian tribe, band, nation,

or other organized group or community of Indians recognized as

eligible for the services provided to Indians by the Secretary of the

Interior because of their status as Indians, including any Alaska

Native village, as defined in section 3(c) of the Alaska Native Claims

Settlement Act (43 USC 1602(c)).

(16) The term "low-level radioactive waste" means radioactive

material that-

(A) is not high-level radioactive waste, spent nuclear fuel,

transuranic waste, or by-product material as defined in section

I Ie(2) of the Atomic Energy Act of 1954 (42 USC 2014(e)(2));

and

(B) the Commission, consistent with existing law, classifies as

low level radioactive waste.

(17) The term "Office" means the Office of Civilian Radioactive

Waste Management established in section 305.

(18) The term "repository" means any system licensed by the

Commission that is intended to be used for, or may be used for, the

permanent deep geologic disposal of high-level radioactive waste and

spent nuclear fuel, whether or not, such system is designed to permit

the recovery, for a limited period during initial operation, of any

materials placed in such system. Such term includes both surface and

subsurface areas at which high-level radioactive waste and spent

nuclear fuel handling activities are conducted.

(19) The term "reservation" means-

(A) any Indian reservation or dependent Indian community

referred to in clause 9a) or (b) of section 1151 of title 18, United

States Code; or (B) any land selected by an Alaska Native village or regional

corporation under the provisions of the Alaska Native Claims

Settlement Act (43 USC 1601 et seq.).

(20) The term "Secretary" means the Secretary of Energy.

(21) The term "site characterization" means-
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 413

(A) siting research activities with respect to a test and

evaluation facility at a candidate site; and

(B) activities, whether in the laboratory or in the field,

undertaken to establish the geologic condition and the ranges of

the parameters of a candidate site relevant to the location of a repository, including borings, surface excavations, excavations of

exploratory shafts, limited subsurface lateral excavations and

borings, and in situ testing needed to evaluate the suitability of a

candidate site for the location of a repository, but not including

preliminary borings and geophysical testing needed to assess

whether site characterization should be undertaken.

(22) The term "siting research" means activities, including

borings, surface excavations, shaft excavations, subsurface lateral

excavations and borings, and in situ testing, to determine the

suitability of a site for a test and evaluation facility.

(23) The term "spent nuclear fuel" means fuel that has been

withdrawn from a nuclear reactor following irradiation, the

constituent elements of which have not been separated by

reprocessing.

(24) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Northern Mariana Islands, the

Trust Territory of the Pacific Islands, and any other territory or

possession of the United States.

(25) The term "storage" means retention of high-level radioactive

waste, spent nuclear fuel, or transuranic waste with the intent to

recover such waste or fuel for subsequent use, processing, or disposal.

(26) The term "Storage Fund" means the Interim Storage Fund

established in section 137(c).

(27) The term "test and evaluation facility" means an at-depth,

prototypic, underground cavity with subsurface lateral excavations

extending from a central shaft that is used for research and

development purposes, including the development of data and

experience for the safe handling and disposal of solidified high-level

radioactive waste, transuranic waste, or spent nuclear fuel.

(28) The term "unit of general local government" means any

borough, city, county, parish, town, township, village, or other

general purpose political subdivision of a State.

(29) The term "Waste Fund" means the Nuclear Waste Fund

established in section 302(c).

(30) The term "Yucca Mountain site" means the candidate site in

the State of Nevada recommended by the Secretary to the President

under section 1 12(b)(l)(B) on May 27, 1986.

(3 1) The term "affected unit of local government" means the unit

of local government with jurisdiction over the site of a repository or a

monitored retrievable storage facility. Such term may, at the

discretion of the Secretary, include units of local government that are

contiguous with such unit.

(32) The term "Negotiator" means the Nuclear Waste Negotiator.

(33) As used in title IV, the term "Office" means the Office of the

Nuclear Waste Negotiator established under title IV of this Act.
42 USC 10102.

42 USC 10103.

42 USC 10104.

42 USC 10105.

42 USC 10106.

42 USC 10107.

414 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(34) The term "monitored retrievable storage facility" means the

storage facility described in section 141(b)(l).'

Sec. 3. Separability

If any provision of this Act, or the application of such provision to

any person or circumstance, is held invalid, the remainder of this Act, or

the application of such provisions to persons or circumstances other than

those as to which it is held invalid, shall not be affected thereby.

Sec. 4. Territories And Possessions

Nothing in this Act shall be deemed to repeal, modify, or amend the

provisions of section 605 of the Act of March 12, 1980.

Sec. 5. Ocean Disposal

Nothing in this Act shall be deemed to affect the Marine Protection,

Research, and Sanctuaries Act of 1972.

Sec. 6. Limitation On Spending Authority

The authority under this Act to incur indebtedness, or enter into

contracts, obligating amounts to be expended by the Federal Government

shall be effective for any fiscal year only to such extent or in such

amounts as are provided in advance by appropriation Acts.

Sec. 7. Protection Of Classified National Security Information

Nothing in this Act shall require the release or disclosure to any

person or to the Commission of any classified national security

information.

Sec. 8. Applicability

(a) ATOMIC ENERGY DEFENSE ACTIVITIES-Subject to the

provisions of subsection (c), the provisions of this Act shall not apply

with respect to any atomic energy defense activity or to any facility used

in conjunction with any such activity.

(b) EVALUATION BY PRESIDENT-(l) Not later than 2 years after

the date of the enactment of this Act, the President shall evaluate the use

of disposal capacity at one or more repositories to be developed under

subtitle A of title I for the disposal of high-level radioactive waste

resulting from atomic energy defense activities. Such evaluation shall

take into consideration factors relating to cost efficiency, health and

safety, regulation, transportation, public acceptability, and national

security.

(2) Unless the President finds, after conducting the evaluation

required in paragraph (1), that the development of a repository for the

disposal of high-level radioactive waste resulting from atomic energy

defense activities only is required, taking into account all of the

factors describe in such subsection, the Secretary shall proceed

promptly with arrangement for the use of one or more of the

repositories to be developed under subtitle A of title I for the disposal

of such waste. Such arrangements shall include the allocation of costs

of developing, constructing, and operating this repository of

repositories. The costs resulting from permanent disposal of highlevel radioactive waste from atomic energy defense activities shall be

paid by the Federal Government, into the especial account established

under section 302.

(3) Any repository for the disposal of high-level radioactive waste

resulting from atomic energy defense activities only shall (A) be

subject to licensing under section 202 of the Energy Reorganization

Act of 1973 (42 USC 5842); and (B) comply with all requirements of

'P.L. 100-203, § 5002, 101 Stat. 1330 (1987), added subsections 30-34.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 415

42 USC 10108.

42 USC 10121,

the Commission for the siting, development, construction, and

operation of a repository.

(c) APPLICABILITY TO CERTAIN REPOSITORIES-The

provisions of this Act shall apply with respect to any repository not used

exclusively for the disposal of high-level radioactive waste or spent

nuclear fuel resulting from atomic energy defense activities, research and

development activities of the Secretary, or both.

Sec. 9. Applicability

TRANSPORTATION-NOTHING in this Act shall be construed to

affect Federal, State, or local laws pertaining to the transportation of

spent nuclear fuel or high-level radioactive waste.

Title I-Disposal And Storage Of High-Level Radioactive

Waste, Spent Nuclear Fuel, And Low-Level Radioactive Waste

Sec. 101. State And Affected Indian Tribe Participation In

Development Of Proposed Repositories For Defense Waste

(a) NOTIFICATION TO STATES AND AFFECTED INDIAN

TRIBES-Notwithstanding the provisions of section 8, upon any decision

by the Secretary or the President to develop a repository for the disposal

of high-level radioactive waste or spent nuclear fuel resulting exclusively

from atomic energy defense activities, research and development

activities of the Secretary, or both, and before proceeding with any sitespecific investigations with respect to such repository, the Secretary shall

notify the Governor and legislature of the State in which such repository

is proposed to be located, or the governing body of the affected Indian

tribe on whose reservation such repository is proposed to be located, as

the case may be, of such decision.

(b) PARTICIPATION OF STATES AND AFFECTED INDIAN

TRIBES-Following the receipt of any notification under subsection (a),

the State or Indian tribe involved shall be entitled, with respect to the

proposed repository involved, to rights of participation and consultation

identical to those provided in sections 115 through 118, except that any

financial assistance authorized to be provided to such State or affected

Indian tribe under section 116(c) or 118(b) shall be made from amounts

appropriated to the Secretary for purposes of carrying out this section.

Subtitle A-Repositories For Disposal Of High-Level Radioactive

Waste And Spent Nuclear Fuel

Sec. 11. Findings And Purposes

(a) FINDINGS-THE Congress finds that-

(I) radioactive waste creates potential risks and requires safe and

environmentally acceptable methods of disposal;

(2) a national problem has been created by the accumulation of

(A) spent nuclear fuel from nuclear reactors; and (B) radioactive

waste from (i) reprocessing of spent nuclear fuel; (ii) activities related

to medical research, diagnosis, and treatment; and (iii) other sources;

(3) Federal efforts during the past 30 years to devise a permanent

solution to the problems of civilian radioactive waste disposal have

not been adequate;

(4) while the Federal Government has the responsibility to

provide for the permanent disposal of high-level radioactive waste

and such spent nuclear fuel as may be disposed of in order to protect

the public health and safety and the environment, the costs of such

42 USC 10131.
416 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

disposal should be the responsibility of the generators and owners of

such waste and spent fuel;

(5) the generators and owners of high-level radioactive waste and

spent nuclear fuel have the primary responsibility to provide for, and

the responsibility to pay the costs of, the interim storage of such

waste and spent fuel until such waste and spent fuel is accepted by the

• Secretary of Energy in accordance with the provisions of this Act;

(6) State and public participation in the planning and development

of repositories is essential in order to promote public confidence in

the safety of disposal of such waste and spent fuel; and

(7) high-level radioactive waste and spent nuclear fuel have

become major subjects of public concern, and appropriate precautions

may be taken to ensure that such waste and spent fuel do not

adversely affect the public health and safety and the environment for

this or future generations.

(b) PURPOSES-The purposes of this subtitle are-

(I) to establish a schedule for the siting, construction, and

operation of repositories that will provide a reasonable assurance that

the public and the environment will be adequately protected from the

hazards posed by high-level radioactive waste and such spent nuclear

fuel as may be disposed of in a repository;

(2) to establish the Federal responsibility, and a definite Federal

policy, for the disposal of such waste and spent fuel;

(3) to define the relationship between the Federal Government and

the State government with respect to the disposal of such waste and

spent fuel; and

(4) to establish a Nuclear Waste Fund, composed of payments

made by the generators and owners of such waste and spent fuel, that

will ensure that the costs of carrying out activities relating to the

disposal of such waste and spent fuel will be borne by the persons

responsible for generating such waste and spent fuel.

Sec. 112. Recommendation Of Candidate Sites For Site

Characterization

(a) GUIDELINES-Not later than 180 days after the date of the

enactment of this Act, the Secretary, following consultation with the

Council on Environmental Quality, the Administrator of the

Environmental Protection Agency, the Director of the United States

.Geological Survey, and interested Governors, and the concurrence of the

Commission shall issue general guidelines for the recommendation of

sites for repositories. Such guidelines shall specify detailed geologic

considerations that shall be primary criteria for the selection of sites in

various geologic media. Such guidelines shall specify factors that

qualify or disqualify any site from development as a repository, including

factors pertaining to the location of valuable natural resources,

hydrology, geophysics, seismic activity, and atomic energy defense

activities, proximity to water supplies, proximity to populations, the

effect upon the rights of users of water, and proximity to components of

the National Park System, the National Wildlife Refuge System, the

National Wild and Scenic Rivers System, the National Wilderness

Preservation System, or National Forest Lands. Such guidelines shall

take into consideration the proximity to sites where high-level radioactive

waste and spent nuclear fuel is generated or temporarily stored and the

transportation and safety factors involved in moving such waste to a

repository. Such guidelines shall specify population factors that will

disqualify any site from development as a repository if any surface

facility of such repository would be located (1) in a highly populated

42 USC 10132.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 417

Recommendation

date.

Environmental

assessment.

area; or (2) adjacent to an area 1 mile by I mile having a population of

not less than 1,000 individuals. Such guidelines also shall require the

Secretary to consider the cost and impact of transporting to the repository

site the solidified high-level radioactive waste and spent fuel to be

disposed of in the repository and the advantages of regional distribution

in the siting of repositories. Such guidelines shall require the Secretary to

consider the various geologic media in which sites for repositories may

be located and, to the extent practicable, to recommend sites in different

geologic media. The Secretary shall use guidelines established under this

subsection in considering candidate sites for recommendation under

subsection (b). The Secretary may revise such guidelines from time to

time, consistent with the provisions of this subsection.

(b) RECOMMENDATION BY SECRETARY TO THE

PRESIDENT-(I)(A) Following the issuance of guidelines under

subsection (a) and consultation with the Governors of affected States, the

Secretary shall nominate at least 5 sites that he determines suitable for

site characterization for selection of the first repository site.

(B) Subsequent to such nomination, the Secretary shall

recommend to the President 3 of the nominated sites not later than

January 1, 1985 for characterization as candidate sites.

(C) Such recommendations under subparagraph (B) shall be

consistent with the provisions of section 305.

(D) Each nomination of a site under this subsection shall be

accompanied by an environmental assessment, which shall

include a detail statement of the basis for such recommendation

and of the probable impacts of the site characterization activities

planned for such site, and a discussion of alternative activities

relating to site characterization that may be undertaken to avoid

such impacts. Such environmental assessment shall include-

(i) an evaluation by the Secretary as to whether such site is

suitable for site characterization under the guidelines

established under subsection (a);

(ii) an evaluation by the Secretary as to whether such site

is suitable for development as a repository under each such

guideline that does not require site characterization as a prerequisite for application of such guidelines;

(iii) an evaluation by the Secretary of the effects of the site

characterization activities at such site on the public health and

safety and the environment;

(iv) a reasonable comparative evaluation by the Secretary

of such site with other sites and locations that have been

considered:

(v) a description of the decision process by which such site

was recommended; and

(vi) an assessment of the regional and local impacts of

locating the proposed repository at such site.

(E)(i) The issuance of any environmental assessment under

this paragraph shall be considered to be a final agency action

subject to judicial review in accordance with the provisions of

chapter 7 of title 5, United States Code, and section 119. Such

judicial review shall be limited to the sufficiency of such

environmental assessment with respect to the items described in

clauses (i) through (vi) of subparagraph (D).

(F) Each environmental assessment prepared under this

paragraph shall be made available to the public.
418 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(G) Before nominating a site, the Secretary shall notify the

Governor and legislature of the State in which such site is located,

or the governing body of the affected Indian tribe where such site

i's located, as the case may be, of such nomination and the basis

for such nomination.

(2) Before nominating any site the Secretary shall hold public

hearings in the vicinity of such site to inform the residents of the area

in which such site is located of the proposed nomination of such site

and to receive their comments. At such hearings, the Secretary shall

also solicit and receive any recommendations of such residents with

respect to issues that should be addressed in the environmental

assessment described in paragraph (I) and the site characterization

plan described in section I 13(b)(1).

(3) In evaluating the sites nominated under this section prior to

any decision to recommend a site as a candidate site, the Secretary

shall use available geophysical, geologic, geochemical and

hydrologic, and other information and shall not conduct any

preliminary borings or excavations at a site unless (i) such

preliminary boring or excavation activities were in progress upon the

date of enactment of this Act or (ii) the Secretary certifies that such

available information from other sources, in the absence of

preliminary borings or excavations, will not be adequate to satisfy

applicable requirements of this Act or any other law: Provided, That

preliminary borings or excavations under this section shall not exceed

a diameter of 6 inches.

(c) PRESIDENTIAL REVIEW OF RECOMMENDED

CANDIDATE SITESDecision (1) The President shall review each candidate site

transmittal or recommendation made by the Secretary under subsection (b). Not

notification, later than 60 days after the submission by the Secretary of a

recommendation of a candidate site, the President, in his discretion,

may either approve or disapprove such candidate site, and shall

transmit any such decision to the Secretary andto either the Governor

and legislature of the State in which such candidate site is located, or

the governing body of the affected Indian tribe where such candidate

site is located, as the case may be. If, during such 60-day period, the

President fails to approve or disapprove such candidate site, or fails to

invoke his authority under paragraph (2) to delay his decision, such

candidate site shall be considered to be approved, and the Secretary

shall notify such Governor and legislature, or governing body of the

affected Indian tribe, of the approval of such candidate site by reason

of the inaction of the President.

(2) The President may delay for not more than 6 months his

decision under paragraph (1) to approve or disapprove a candidate

site, upon determining that the information provided with the

recommendation of the Secretary is insufficient to permit a decision

within the 60-day period referred to in paragraph (1). The President

may invoke his authority under this paragraph by submitting written

notice to the Congress, within such 60-day period of his intent to

invoke such authority. If the President invokes such authority, but

fails to approve or disapprove the candidate site involved by the end

of such 6-month period, such candidate site shall be considered to be

approved, and the Secretary shall notify such Governor and

legislature, or governing body of the affected Indian tribe of the

approval of such candidate site by reason of the inaction of the

President.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 419

42 USC 10133.

Plan submittal.

review and

comment.

Nucea Wat Poicy Acf 198 (PL 745 1

(d) PRELIMINARY ACTIVITIES-Except as otherwise provided in

this section , each activity of the President or the Secretary under this

section shall be considered to be a preliminary decision making activity.

No such activity shall require the preparation of an environmental impact

statement under section 102(2)(C) of the National Environmental Policy

Act of 1969 (42 USC 4332(2)(C)), or to require any environmental

review under subparagraph (E) or (F) of section 102(2) of such Act.2

Sec. 113. Site Characterization

(a) IN GENERAL-The Secretary shall carry out, in accordance with

the provisions of this section, appropriate site characterization activities

at the Yucca Mountain site. The Secretary shall consider fully the

comments received under subsection (b)(2) and section 1 12(b)(2) and

shall, to the maximum extent practicable and in consultation with the

Governor of the State of Nevada conduct site characterization activities

in a manner that minimizes any significant adverse environmental

impacts identified in such comments or in the environmental assessment

submitted under subsection (b)(1).

(b) COMMISSION AND STATES-(]) Before proceeding to sink

shafts at the Yucca Mountain site, the Secretary shall submit for such

candidate site to the Commission and to the Governor or legislature of

the State of Nevada for their review and comment-

(A) a general plan for site characterization activities to be

conducted at such candidate site, which plan shall include-

(i) a description of such candidate site;

(ii) a description of such site characterization activities,

including the following: the extent of planned excavations,

plans for any onsite testing with radioactive or nonradioactive

material, plan for any investigation activities that may affect

the capabilities of such candidate site to isolate high-level

radioactive waste and spent nuclear fuel, and plans to control

any adverse, safety-related impacts from such site

characterization activities;

(iii) plan for the decontamination and decommissioning of

such candidate site, and for the mitigation of any significant

adverse environmental impacts caused by the site

characterization activities if it is determined unsuitable for

application for a construction authorization for a repository;

(iv) criteria to be used to determine the suitability of such

candidate site for the location of a repository, developed

pursuant to section 112(a); and

(v) any other information required by the Commission;

(B) a description of the possible form or packaging for the

high-level radioactive waste and spent nuclear fuel to be emplaced

in such repository, a description, to the extent practicable, of the

relationship between such waste form or packaging and the

geologic medium of such site, and a description of the activities

being conducted by the Secretary with respect to such possible

waste form or packaging or such relationship; and

(C) a conceptual repository design that takes into account

likely site-specific requirements.

2

Public Law 100-203, section 5011, 101 Stat. 1330 (1987) amended section 112; Public Law 102-154, Title I,

105 Stat. 1000, Nov. 13, 1991, substituted "United States Geological Survey" for "Geological Survey" in

subsection (a).
420 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

Public (2) Before proceeding to sink shafts at the Yucca Mountain site,

availability: the Secretary shall (A) make available to the public the site

hearings, characterization plan described in paragraph (I); and (B) hold public

hearings in the vicinity of such candidate site to inform the residents

of the area in which such candidate site is located of such plan, and to

receive their comments.

Report. (3) During the conduct of site characterization activities at the

Yucca Mountain site, the Secretary shall report not less than once

every 6 months to the Commission and to the Governor and

legislature of the State of Nevada on the nature and extent of such

activities and the information developed from such activities.

(c) RESTRICTIONS-(I) The Secretary may conduct at the Yucca

Mountain site only such site characterization activities as the Secretary

considers necessary to provide the data required for evaluation of the

suitability of such site for an application to be submitted to the

Commission for a construction authorization for a repository at such site,

and for compliance with the National Environmental Policy Act of 1969

(42 USC 4321 el seq.).

(2) In conducting site characterization activities-

(A) the Secretary may not use any radioactive material at a site

unless the Commission concurs that such use is necessary to

provide data for the preparation of the required environmental

reports and an application for a construction authorization for a

repository at such site; and

(B) if any radioactive material is used at a site-

(i) the Secretary shall use the minimum quantity necessary

to determine the suitability of such sites for a repository, but in

no event more than the curie equivalent of 10 metric tons of

spent nuclear fuel; and

(ii) such radioactive material shall be fully retrievable.

(3) If the Secretary at any time determines the Yucca Mountain

site to be unsuitable for development as a repository, the Secretary

shall-

(A) terminate all site characterization activities at such site;

(B) notify the Congress, the Governor and legislature of

Nevada of such termination and the reasons for such termination;

(C) remove any high-level radioactive waste, spent nuclear

fuel, or other radioactive materials at or in such site as promptly as practicable;

(D) take reasonable and necessary steps to reclaim the site and

to mitigate any significant adverse environmental impacts caused

by site characterization activities at such site;

(E) suspend all future benefits payments under subtitle F with

respect to such site; and

Reports. (F) report to Congress not later than 6 months after such

determination the Secretary's recommendations for further action

to assure the safe, permanent disposal of spent nuclear fuel and

high-level radioactive waste, including the need for new legislative authority.

(d) PRELIMINARY ACTIVITIES-Each activity of the Secretary

under this section that is in compliance with the provisions of subsection

(c) shall be considered a preliminary decision making activity. No such

activity shall require the preparation of an environmental impact
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 421

42 USC 10134.

Notification of

decision.

Public

availability.

statement under section 102(2)(C) of the National Environmental Policy

Act of 1969 (42 USC 4332(2)(C)), or to require any environmental

review under subparagraph (E) or (F) of section 102(2) of such Act. 3

Sec. 114. Site Approval And Construction Authorization

(a) HEARINGS AND PRESIDENTIAL RECOMMENDATION-The

Secretary shall hold public hearings in the vicinity of the Yucca

Mountain site for the purposes of informing the residents of the area of

such consideration and receiving their comments regarding the possible

recommendation of such site. If, upon completion of such hearings and

completion of site characterization activities at the Yucca Mountain site

under section 113, the Secretary decides to recommend approval of such

site to the President, the Secretary shall notify the Governor and

legislature of the State of Nevada of such decision. No sooner than the

expiration of the 30-day period following such notification, the Secretary

shall submit to the President a recommendation that the President

approve such site for the development of a repository. Any such

recommendation by the Secretary shall be based on the record of

information developed by the Secretary under section 113 and this

section, including the information described in subparagraph (A) through

subparagraph (G).

Together with any recommendation of a site under this paragraph, the

Secretary shall make available to the public, and submit to the President,

a comprehensive statement of the basis of such recommendation,

including the following:

(A) a description of the proposed repository, including

preliminary engineering specifications for the facility;

(B) a description of the waste form or packaging proposed for

use at such repository, and an explanation of the relationship

between such waste form or packaging and the geologic medium

of such site;

(C) a discussion of data, obtained in site characterization

activities, relating to the safety of such site;

(D) a final environmental impact statement prepared for the

Yucca Mountain site pursuant to subsection (f) and the National

Environmental Policy Act of 1969 (42 USC 4321 et seq.),

together with comments made concerning such environmental

impact statement by the Secretary of the Interior, the Council on

Environmental Quality, the Administrator, and the Commission,

except that the Secretary shall not be required in any such

environmental impact statement to consider the need for a

repository, the alternatives to geological disposal, or alternative

sites to the Yucca Mountain site;

(E) preliminary comments of the Commission concerning the

extent to which the at-depth site characterization analysis and the

waste form proposal for such site seem to be sufficient for

inclusion in any application to be submitted by the Secretary for

licensing of such site as a repository;

(F) the views and comments of the Governor and legislature of

any State, or the governing body of any affected Indian tribe, as

determined by the Secretary, together with the response of the

Secretary to such views;

3

P.L. 100-203, § 5011, 101 Stat. 1330 (1987), amended section 113.
422 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(G) such other information as the Secretary considers

appropriate; and

(H) any impact report submitted under section I 16(c)(2)(B) by

the State of Nevada.

(2)(A) If, after recommendation by the Secretary, the President

considers the Yucca Mountain site qualified for application for a

construction authorization for a repository, the President shall submit

a recommendation of such site to Congress.

(B) The President shall submit with such recommendation a

copy of the statement for such site prepared by the Secretary

under paragraph (I).

(3)(A) The President may not recommend the approval of Yucca

Mountain site unless the Secretary has recommended to the President

under paragraph (I) approval of such site and has submitted to the

President a statement for such site as required under such paragraph.

(B) No recommendation of a site by the President under this

subsection shall require the preparation of an environmental

impact statement under section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 USC 4332(2)(C), or to

require any environmental review under subparagraph (E) or (F)

of section 102(2) of such Act.

(b) SUBMISSION OF APPLICATION-If the President recommends

to the Congress the Yucca Mountain site under subsection (a) and the site

designation is permitted to take effect under section 115, the Secretary

shall submit to the Commission an application for a construction

authorization for a repository at such site not later than 90 days after the

date on which the recommendation of the site designation is effective

under such section and shall provide to the Governor and legislature of

the State of Nevada a copy of such application.

(c) STATUS REPORT ON APPLICATION-Not later than I year

after the date on which an application for a construction authorization is

submitted under subsection (b), and annually thereafter until the date on which such authorization is granted, the Commission shall submit a

report to the Congress describing the proceeding undertaken through the

date of such report with regard to such application, including a

description of-

(1) any major unresolved safety issues, and the explanation of the

Secretary with respect to design and operation plans for resolving

such issues;

(2) any matters of contention regarding such application; and

(3) any Commission actions regarding the granting of denial of

such authorization.

Construction (d) COMMISSION ACTION-The Commission shall consider an

authorization application for a construction authorization for all or part of a repository

applications, in accordance with the laws applicable to such applications, except that

the Commission shall issue a final decision approving or disapproving

the issuance of a construction authorization not later that the expiration of

3 years after the date of the submission of such application, except that

the Commission may extend such deadlines by not more than 12 months

if, not less than 30 days before such deadlines, the Commission complies

with the reporting requirements established in subsection (e)(2). The

Commission decision approving the first such application shall prohibit

the emplacement in the first repository of a quantity of spent fuel

containing in excess of 70,000 metric tons of heavy metal or a quantity of

solidified high-level radioactive waste resulting from the reprocessing of

such a quantity of spent fuel until such time as a second repository is in
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 423

Report

submittal to

Secretary and

Congress.

Report

response, filing

with Congress.

operation. In the event that a monitored retrievable storage facility,

approved pursuant to subtitle C of this Act, shall be located, or is planned

to be located, within 50 miles of the first repository, then the

Commission decision approving the first such application shall prohibit

the emplacement of a quality of spent fuel containing in excess of

70,000 metric tons of heavy metal or a quantity of solidified high-level

radioactive waste resulting from the reprocessing of spent fuel in both the

repository and monitored retrievable storage facility until such time as a

second repository is in operation.

(e) PROTECT DECISION SCHEDULE-(I) The Secretary shall

prepare and update, as appropriate, in cooperation with all affected

Federal agencies, a project decision schedule that portrays the optimum

way to attain the operation of the repository within the time periods

specified in this subtitle. Such schedule shall include a description of

objectives and a sequence of deadlines for all Federal agencies required

to take action, including an identification of the activities in which a

delay in the start, or completion, of such activities will cause a delay in

beginning repository operation.

(2) Any Federal agency that determines that it cannot comply with.

any deadline in the project decision schedule, or fails to so comply,

shall submit to the Secretary and to the Congress a written report

explaining the reason for its failure or expected failure to meet such

deadlines, the reason why such agency could not reach an agreement

with the Secretary, the estimated time for completion of the activity or

activities involved, the associated effect on its other deadlines in the

project decision schedule, and any recommendations it may have or

actions it intends to take regarding any improvements in its operation

or organization, or changes to its statutory directives or authority, so

that it will be able to mitigate. the delay involved. The Secretary,

within 30 days after receiving any such report, shall file with the

Congress his response to such report, including the reasons why the

Secretary could not amend the project decision schedule to

accommodate the Federal agency involved.

(f) ENVIRONMENTAL IMPACT STATEMENT-

(I) Any recommendation made by the Secretary under this section

shall be considered a major Federal action significantly affecting the

quality of the human environment for purposes of the National

Environmental Policy Act of 1969 (42 USC 4321 el seq.). A final

environmental impact statement prepared by the Secretary under such

Act shall accompany any recommendation to the President to approve

a site for a repository.

(2) With respect to the requirements imposed by the National

Environmental Policy Act of 1969 (42 USC 4321 et seq.), compliance

with the procedures and requirements of this Act shall be deemed

adequate consideration of the need for a repository, the time of the

initial availability of a repository, and all alternatives to the isolation

of high-level radioactive waste and spent nuclear fuel in a repository.

(3) For purposes of complying with the requirements of the

National Environmental Policy Act of 1969 (42 USC 4321 et seq.)

and this section, the Secretary need not consider alternative sites to

the Yucca Mountain site for the repository to be developed under this

subtitle.

(4) Any environmental impact statement prepared in connection

with a repository proposed to be constructed by the Secretary under

this subtitle shall, to the ex tent practicable, be adopted by the

Commission in connection with the issuance by the Commission of a
42 USC 10135.

Notice of

disapproval.

submittal to

Congress.

424 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

construction authorization and license for such repository. To the

extent such statement is adopted by the Commission, such adoption

shall be deemed to also satisfy the responsibilities of the Commission

under the National Environmental Policy Act of 1969 (42 USC 4321

et seq.) and no further consideration shall be required, except that

nothing in this subsection shall affect any independent responsibilities

of the Commission to protect the public health under the Atomic

Energy Act of 1954 (42 USC 2011 elseq.).

(5) Nothing in this Act shall be construed to amend or otherwise

detract from the licensing requirements of the Nuclear Regulatory

Commission established in title 11 of the Energy Reorganization Act

of 1974 (42 USC 5841 etseq.).

(6) In any such statement prepared with respect to the repository

to be constructed under this subtitle, the Nuclear Regulatory

Commission need not consider the need for a repository, the time of

initial availability of a repository, alternate sites to the Yucca

Mountain site, or nongeologic alternatives to such site.4

Sec. 115. Review Of Repository Site Selection

(a) DEFINITION-For purposes of this section, the term "resolution

of repository siting approval" means a joint resolution of the Congress,

the matter after the resolving clause of which is as follows: That there

hereby is approved the site at . for a repository, with respect to which a

notice of disapproval was submitted by _ on __. The first blank

space in such resolution shall be filled with the name of the geographic

location of the proposed site of the repository to which such resolution

pertains; the second blank space in such resolution shall be filled with the

designation of the State Governor and legislature or Indian tribe

governing body submitting the notice of disapproval to which such

resolution pertains; and the last blank space in such resolution shall be

filled with the date of such submission.

(b) STATE OR INDIAN TRIBE PETITIONS-The designation of a site as suitable for application for a construction authorization for a

repository shall be effective at the end of the 60-day period beginning on

the date that.the President recommend such site to the Congress under

section 114, unless the Government and legislature of the State in which

such site is located, or the governing body of an Indian tribe on whose

reservation such site is located, as the case may be, has submitted to the

Congress a notice of disapproval under section 116 or 118 notice of

disapproval has been submitted, the designation of such site shall not be

effective except as provided under subsection (c).

(c) CONGRESSIONAL REVIEW OF PETITIONS-If any notice of

disapproval of a repository site designation has been submitted to the

Congress under section 116 or 118 after a recommendation for approval

of such site is made by the President under section 114, such site shall be

disapproved unless, during the first period of 90 calendar days of

continuous session of the Congress after the date of the receipt by the

Congress of such notice of disapproval, the Congress passes a resolution

of repository siting approval in accordance with this subsection

approving such site, and such resolution thereafter becomes law.

(d) PROCEDURES APPLICABLE TO THE SENATE-(I) The

provisions of this subsection are enacted by the Congress4

P.L. 100-203, § 501 I, 101 Stat. 1330 (1987), amended section 114.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 425

Introduction of

resolution.

Committee

recommendations.

Discharge of

committee.

Debate.

(A) as an exercise of the rulemaking power of the Senate, and

as such they are deemed a part of the rules of the Senate, but

applicable only with respect to the procedure to be followed in the

Senate in the case of resolutions of repository siting approval, and

such provisions supersede other rules of the Senate only to the

extent that they are inconsistent with such other rules; and

(B) with full recognition of the constitutional right of the

Senate to change the rules (so far as relating to the procedure of

the Senate) at any time, in the same, manner and to the same

extent as in the case of any other rule of the Senate.

(2)(A) Not later than the first day of session following the day on

which any notice of disapproval of a repository site selection is

submitted to the Congress under section 116 or 118, a resolution of

repository siting approval shall be introduced (by request) in the

Senate by the chairman of the committee to which such notice of

disapproval is referred, or by a Member of Members of the Senate

designated by such chairman.

(B) Upon introduction, a resolution of repository siting approval

shall be referred to the appropriate committee or committees of

the Senate by the President of the Senate, and all such resolutions

with respect to the same repository site shall be referred to the

same committee or committees. Upon the expiration of 60

calendar days of continuous session after the introduction of the

first resolution of repository siting approval with respect to any

site, each committee to which such resolution was referred shall

make its recommendations to the Senate.

(3) If any committee to which is referred a resolution of siting

approval introduced under paragraph (2)(A), or, in the absence of

such a resolution, any other resolution of siting approval introduced

with respect to the site involved, has not reported such resolution at

the end of 60 days of continuous session of Congress after

introduction of such resolution, such committee shall be deemed to be

discharged from further consideration of such resolution, and such

resolution shall be placed on the appropriate calendar of the Senate.

(4)(A) When each committee to which a resolution of siting

approval has been referred has reported, or has been deemed to be

discharged from further consideration of, a resolution described in

paragraph (3), it shall at any time thereafter be in order (even though

a previous motion to the same effect has been disagreed to) for any

Member of the Senate to move to proceed to the consideration of

such resolution. Such motion shall be highly privilege and shall not

be debatable. Such motion shall not be subject to amendment, to a

motion to postpone, or to a motion to proceed to the consideration of

other business. A motion to reconsider the vote by which such motion

is agreed to or disagreed to shall not be in order. If a motion to

proceed to the consideration of such resolution is agreed to, such

resolution shall remain the unfurnished business of the Senate until

disposed of.

(B) Debate on a resolution of siting approval, and on all

debatable motions and appeals in connection with such resolution,

shall be limited to not more than 10 hours, which shall be divided

equally between Members favoring and Members opposing such

resolution. A motion further to limit debate shall be in order and

shall not be debatable. Such motion shall not be subject to

amendment, to a motion to postpone, or to a motion to proceed to

the consideration of other business, and a motion to recommit
426 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

such resolution shall not be in order. A motion to reconsider the

vote by which such resolution is agreed to or disagreed to shall

not be in order.

(C) Immediately following the conclusion of the debate on a

resolution of siting approval, and a single quorum call at the

conclusion of such debate if requested in accordance with rules of

the Senate, the vote on final approval of such resolution shall

occur.

Appeals. (D) Appeals from the decisions of the Chair relating to the

application of the rules of the Senate to the procedure relating to a

resolution of siting approval shall be decided without debate.

(5) If the Senate receives from the House a resolution of

repository siting approval with respect to any site, then the following

procedure shall apply:

(A) The resolution of the House with respect to such site shall

not be referred to a committee.

(B) With respect to the resolution of the Senate with respect to

such site-

(i) the procedure with respect to that or other resolutions of

the Senate with respect to such site shall be the same as if no

resolution from the House with respect to such site had been

received; but

(ii) on any vote on final passage of a resolution of the

Senate with respect to such site, a resolution from the House

with respect to such site where the text is identical shall be

automatically substituted for the resolution of the Senate.

(e) PROCEDURES APPLICABLE TO THE HOUSE OF

REPRESENTATIVES-

(I) The provisions of this section are enacted by the Congress-

(A) as an exercise of the rulemaking power of the House of

Representatives, and as such they are deemed a part of the rules of

the House, but applicable only with respect to the procedure to be

followed in the House in the case of resolutions of repository

siting approval, and such provisions supersede other rules of the

House only to the extent that they are inconsistent with such other

rules; and

(B) with full recognition of the constitutional right of the

House to change the rules (so far as relating to the procedure of

the House) at any time, in the same manner and to the same extent

as in the case of any other rule of the House.

(2) Resolutions of repository siting approval shall upon

introduction be immediately referred by the Speaker of the House to

the appropriate committee or committees of the House. Any such

resolution received from the Senate shall be held at the Speaker's

table.

Discharge of (3) Upon the expiration of 60 days of continuous session after the

committee. introduction of the first resolution of repository siting approval with

respect to any site, each committee to which such resolution was

referred shall be discharged from further consideration of such

resolution, and such resolution shall be referred to the appropriate

calendar, unless such resolution or an identical resolution was previously reported by each committee to which it was referred.

Resolution. (4) It shall be in order for the Speaker to recognize a Member

consideration favoring a resolution to call up a resolution of repository siting

and debate, approval after it has been on the appropriate calendar for 5 legislative

days. When any such resolution is called up, the House shall proceed
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 427

to its immediate consideration and the Speaker shall recognize the

Member calling up such resolution and a Member opposed to such

resolution for 2 hours of debate in the House, to be equally divided

and controlled by such Members. When such time has expired, the

previous question shall be considered as ordered on the resolution to

adoption without intervening motion. No amendment to any such

resolution shall be in order, nor shall it be in order to move to

reconsider the vote by which such resolution is agreed to or disagreed

to.

(5) If the House receives from the Senate a resolution of

repository siting approval with respect to any site, then the following

procedure shall apply:

(A) The resolution of the Senate with respect to such site shall

not be referred to a committee.

(B) With respect to the resolution of the House with respect to

such site-

(i) the procedure with respect to that or other resolutions of

the House with respect to such site shall be the same as if no

resolution from the Senate with respect to such site had been

received; but

(ii) on any vote on final passage of a resolution of the

House with respect to such site, a resolution from the Senate

with respect to such site where the text is identical shall be

automatically substituted for the resolution of the House.

(f) COMPUTATION OF DAYS-For purposes of this section-

(]) continuity of session of Congress is broken only by an

adjournment sine die; and

(2) the days on which either House is not in session because of an

adjournment of more than 3 days to a day certain are excluded in the

computation of the 90-day period referred to in subsection (c) and the

60-day period referred to in subsections (d) and (e).

(g) INFORMATION PROVIDED TO CONGRESS-In considering

any notice of disapproval submitted to the Congress under section 116 or

118, the Congress may obtain any comments of the Commission with

respect to such notice of disapproval. The provision of such comments by

the Commission shall not be construed as binding the Commission with

respect to any licensing or authorization action concerning the repository

involved.

Sec. 116. Participation Of States

(a) NOTIFICATION OF STATES AND AFFECTED TRIBES-The

Secretary shall identify the States with one or more potentially acceptable

sites for a repository within 90 days after the date of enactment of this

Act. Within 90 days of such identification, the Secretary shall notify the

Governor, the State legislature, and the tribal council of any affected

Indian tribe in any State of the potentially acceptable sites within such

State. For the purposes of this title, the term "potentially acceptable site"

means any site at which, after geologic studies and field mapping but

before detailed geologic data gathering, the Department undertakes

preliminary drilling and geophysical testing for the definition of site

location.

(b) STATE PARTICIPATION IN REPOSITORY SITING

DECISIONS-(l) Unless otherwise provided by State law, the Governor

or legislature of each State shall have authority to submit a notice of

disapproval to the Congress under paragraph (2). In any case in which

State law provides for submission of any such notice of disapproval by

any other person or entity, any reference in this subtitle to the Governor

42 UISC 10136.

Potentially

acceptable site.
428 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

or legislature of such State shall be considered to refer instead to such

other person or entity.

Notice of (2) Upon the submission by the President to the Congress of a

disapproval, recommendation of a site for a repository, the Governor or legislature

submittal to of the State in which such site is located may disapprove the site

Congress. designation and submit to the Congress a notice of disapproval. Such

Governor or legislature may submit such a notice of disapproval to

the Congress not later than the 60 days after the date that the

President recommends such site to the Congress under section 114. A

notice of disapproval shall be considered to be submitted to the

Congress on the date of the transmittal of such notice of disapproval

to the Speaker of the House and the President pro tempore of the

Senate. Such notice of disapproval shall be accompanied by a

statement of reasons explaining why such Governor or legislature

disapproved the recommended repository site involved.

(3) The authority of the Governor or legislature of each State

under this subsection shall not be applicable with respect to any site

located on a reservation.

(c) FINANCIAL ASSISTANCE-(I)(A) The Secretary shall make

grants to the State of Nevada and any affected unit of local government

for the purpose of participating in activities required by this section and

section 117 or authorized by written agreement entered into pursuant to

section 117(c). Any salary or travel expense that would ordinarily be

incurred by such State or affected unit of local government, may not be

considered eligible for funding under this paragraph.

Grants. (B) The Secretary shall make grants to the State of Nevada

and any affected unit of local government for purposes of

enabling such State or affected unit of local government-

(i) to review activities taken under this subtitle with respect

to the Yucca Mountain site for purposes of determining any

potential economic, social, public health and safety, and

environmental impacts of a repository on such State, or

affected unit of local government and its residents;

(ii) to develop a request for impact assistance under

paragraph (2);

(iii) to engage in any monitoring, test, or evaluation

activities with respect to site characterization programs with

regard to such site;

(iv) to provide information to Nevada residents regarding

any activities of such State , the Secretary, or the Commission

with respect to such site; and

(v) to request information from, and make comments and

recommendations to, the Secretary regarding any activities

taken under this subtitle with respect to such site.

(C) Any salary or travel expense that would ordinarily be

incurred by the State of Nevada or any affected unit of local

government may not be considered eligible for funding under this

paragraph.

(2)(A)(i) The Secretary shall provide financial and technical

assistance to the State of Nevada, and any affected unit of local

government requesting such assistance.

(ii) Such assistance shall be designed to mitigate the

impact on such State or affected unit of local government of

the development of such repository and the characterization of

such site.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 429

Nula atePlc c of 192(.9745 2

(iii) Such assistance to such State or affected unit of local

government of such State shall commence upon the initiation

of site characterization activities.

(B) The State of Nevada and any affected unit of local

government may request assistance under this subsection by

preparing and submitting to the Secretary a report on the

economic, social, public health and safety, and environmental

impacts that are likely to result from site characterization

activities at the Yucca Mountain site. Such report shall be

submitted to the Secretary after the Secretary has submitted to the

State a general plan for site characterization activities under

section I 13(b).

(C) As soon as practicable after the Secretary has submitted

such site characterization plan, the Secretary shall seek to enter

into a binding agreement with the State of Nevada setting forth-

(i) the amount of assistance to be provided under this

subsection to such State or affected unit of local government;

and

(ii) the procedures to be followed in providing such

assistance.

(3)(A) In addition to financial assistance provided under

paragraphs (1) and (2), the Secretary shall grant to the State of

Nevada and any affected unit of local government an amount each

fiscal year equal to the amount such State or affected unit of local

government, respectively, would receive if authorized to tax site

characterization activities at such site, and the development and

operation of such repository, as such State or affected unit of local

government taxes the non-Federal real property and industrial

activities occurring within such State or affected unit of local

government.

(B) Such grants shall continue until such time as all such

activities, development, and operation are terminated at each such

site.

(4)(A) The State of Nevada or any affected unit of local

government may not receive any grant under paragraph (1) after the

expiration of the 1 year period following-

(i) the date on which the Secretary notifies the Governor

and legislature of the State of Nevada of the termination of site

characterization activities at the site in such State;

(ii) the date on which the Yucca Mountain site is

disapproved under section 115; or

(iii) the date on which the Commission disapproves an

application for a construction authorization for a repository at

such site; whichever occurs first.

(B) The State of Nevada or any affected unit of local

government may not receive any further assistance under

paragraph (2) with respect to a site if repository construction

activities or site characterization activities at such site are

terminated by the Secretary or if such activities are permanently

enjoined by any court.

(C) At the end of the 2-year period beginning on the effective

date of any license to receive and possess for a repository in a

State, no Federal funds, shall be made available to such State or

affected unit of local government under paragraph (1) or (2),

except for-
42 USC 10137.

Information

request.

response.

430 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(i) such funds as may be necessary to support activities

related to any other repository located in, or proposed to be

located in, such State, and for which a license to receive and

possess has not been in effect for more than I year;

(ii) such funds as may be necessary to support, State

activities pursuant to agreements or contracts for impact

assistance entered into, under paragraph (2), by such State

with the Secretary during such 2-year period; and

(iii) such funds as may be provided under an agreement

entered into under title IV.

(5) Financial assistance authorized in this subsection shall be

made out of amounts held in the Waste Fund.

(6) No State, other than the State of Nevada, may receive financial

assistance under this subsection after the date of the enactment of the

Nuclear Waste Policy Amendments Act 1987.5

(d) ADDITIONAL NOTIFICATION AND CONSULTATIONWhenever the Secretary is required under any provision of this Act to

notify or consult with the governing body of an affected Indian tribe

where a site is located, the Secretary shall also notify or consult with, as

the case may be, the Governor of the State in which such reservation is

located.

See. 117. Consultation With States And Affected Indian Tribes

(a) PROVISION OF INFORMATION-(I) The Secretary, the

Commission, and other agencies involved in the construction, operation,

or regulation of any aspect of a repository in a State shall provide to the

Governor and legislature of such State, and to the governing body of any

affected Indian tribe, timely and complete information regarding

determinations or plans made with respect to the site characterization

siting, development, design, licensing, construction, operation,

regulation, or decommissioning of such repository.

(2) Upon written request for such information by the Governor or

legislature of such State, or by the governing body of any affected

Indian tribe, as the case may be, the Secretary shall provide a written

response to such request within 30 days of the receipt of such request.

Such response shall provide the information requested or, in the

alternative, the reasons why the information cannot be so provided. If

the Secretary fails to so respond within such 30 days, the Governor or

legislature of such State, or the governing body of any affected Indian

tribe, as the case may be, may transmit a formal written objection to

such failure to respond to the President. If the President or Secretary

fails to respond to such written request within 30 days of the receipt

by the President of such formal written objection, the Secretary shall

immediately suspend all activities in such State authorized by this

subtitle, and shall not renew such activities until the Governor or

legislature of such State, or the governing body of any affected Indian

tribe, as the case may be, has received the written response to such

written request required by this subsection.

(b) CONSULTATION AND COOPERATION-In performing any

study of an area within a State for the purpose of determining the

suitability of such area for a repository pursuant to section 112(c), and in

subsequently developing and loading any repository within such State,

the Secretary shall consult and cooperate with the Governor and

'P.L. 100-203, § 5032, 101 Stat. 1330 (1987), amended section 116(c).
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 431

Nula at oicAt of18 (PL 745f3

legislature of such State and the governing body of any affected Indian

tribe in an effort to resolve the concerns of such State and any affected

Indian tribe regarding the public health and safety, environmental, and

economic impacts of any such repository. In carrying out his duties

under this subtitle, the Secretary shall take such concerns into account to

the maximum extent feasible and as specified in written agreements

entered into under subsection (c).

Report to (c) WRITTEN AGREEMENT-Not later than 60 days after (I) the

Congress. approval of a site for site characterization for such a repository under

section 112(c), or (2) the written request of the State or Indian tribe in

any affected State notified under section l16(a) to the Secretary,

whichever, first occurs, the Secretary shall seek to enter into a binding

written agreement, and shall begin negotiations, with such State and,

where appropriate, to enter into a separate binding agreement with the

governing body of any affected Indian tribe, setting forth (but not limited

to) the procedures under which the requirements of subsections (a) and

(b), and the provisions of such written agreement, shall be carried out.

Any such written agreement shall not affect the authority of the

Commission under existing law. Each such written agreement shall, to

the maximum extent feasible, to completed no later than 6 months after

such notification.6

Such written agreement shall specify procedures-

(I) by which such State or governing body of an. affected Indian

tribe, as the case may be, may study, determine, comment on, and

make recommendations with regard to the possible public health and

safety, environmental, social, and economic imloacts of any such

repository;

(2) by which the Secretary shall consider and respond to

comments and recommendations made by such State or governing

body of an affected Indian tribe, including the period in which the

Secretary shall so respond;

(3) by which the Secretary and such State or governing body of an

affected Indian tribe may review or modify the agreement

periodically;

(4) by which such State or governing body of an affected Indian

tribe is to submit an impact report and request for impact assistance

under section I 16(c) or section 118(b), as the case may be;

(5) by which the Secretary shall assist such State, and the units of

general local government in the vicinity of the repository site, in

resolving the offsite concerns of such State and units of general local

government, including, but not limited to, questions of State liability

arising from accidents, necessary road upgrading and access to the

site, ongoing emergency preparedness and emergency response,

monitoring of transportation of high-level radioactive waste and spent

nuclear fuel through such State, conduct of baseline health studies of

inhabitants in neighboring communities near the repository site and

'Public Law 104-66, § 1051(i), deleted the following from subsection (c): "If such written

agreement is not completed within such period, the Secretary shall report to the Congress in

writing within 30 days on the status of negotiation to develop such agreement and the

reasons why such agreement has not been completed. Prior to submission of such report to

the Congress, the Secretary shall transmit such report to the Governor of such State or the

governing body of such affected Indian tribe, as the case may be, for their review and

comments. Such comments shall be included in such report prior to submission to the

Congress."
State

notification.

Transportation

of radioactive

waste and spent

nuclear fuel.

Monitoring and

testing.

42 USC 10138.

Notice of

disapproval,

submittal to

Congress.

Grants.

432 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

reasonable periodic monitoring thereafter, and monitoring of the

repository site upon any decommissioning and decontamination;

(6) by which the Secretary shall consult and cooperate with such

State on a regular, ongoing basis and provide for an orderly process

and timely schedule for State review and evaluation, including

identification in the agreement of key events, milestones, and

decision points in the activities of the Secretary at the potential

repository site;

(7) by which the Secretary shall notify such State prior to the

transportation of any high-level radioactive waste and spent nuclear

fuel into such State for disposal at the repository site;

(8) by which such State may conduct reasonable independent

monitoring and testing of activities on the repository site, except that

such monitoring and testing shall not unreasonably interfere with or

delay onsite activities; . (9) for sharing, in accordance with applicable law, of all technical

and licensing information, the utilization of available expertise, the

facilitating of permit procedures, joint project review, and the

formation of joint surveillance and monitoring arrangements to carry

out applicable Federal and State laws;

(10) for public notification of the procedures specified under the

preceding paragraphs; and

(I1) for resolving objections of a State and affected Indian tribes

at any stage of the planning, siting, development, construction,

operation, or closure of such a facility within such State through

negotiation, arbitration, or other appropriate mechanisms.

(d) ON-SITE REPRESENTATIVE-The Secretary shall offer to any

State, Indian tribe or unit of local government within whose jurisdiction a

site for a repository or monitored retrievable storage facility is located

under this title an opportunity to designate a representative to conduct onsite oversight activities at such site. Reasonable expenses of such

representatives shall be paid out of the Waste Fund.7

Sec. 118. Participation Of Indian Tribes

(a) PARTICIPATION OF INDIAN TRIBES IN REPOSITORY

SITING DECISIONS-Upon the submission by the President to the

Congress of a recommendation of a site for a repository located on the

reservation of an affected Indian tribe, the governing body of such Indian

tribe may disapprove the site designation and submit to the Congress a

notice of disapproval. The governing body of such Indian tribe may

submit such a notice of disapproval to the Congress not later than the 60

days after the date that the President recommends such site to the

Congress under section 114. A notice of disapproval shall be considered

to be submitted to the Congress on the date of the transmittal of such

notice of disapproval to the Speaker of the House and the President pro

tempore of the Senate. Such notice of disapproval shall be accompanied

by a statement of reasons explaining why the governing body of such

Indian tribe disapproved the recommended repository site involved.

(b) FINANCIAL ASSISTANCE-(I) The Secretary shall make grants

to each affected tribe notified under section 116(a) for the purpose of

participating in activities required by section 117 or authorized by written

agreement entered into pursuant to section I 17(c). Any salary or travel

7

P.L. 100-203, § 501 1, 101 Stat. 1330(1987), added section 117(d):
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 433

expense that would ordinarily be incurred by such tribe, may not be

considered eligible for funding under this paragraph.

(2) (A) The Secretary shall make grants to each affected Indian

tribe where a candidate site for a repository is approved under section

112(c). Such grants may be made to each such Indian tribe only for

purposes of enabling such Indian tribe-

(i) to review activities taken under this subtitle with respect

to such site for purposes of determining any potential

economic, social,. public health and safety, and environmental

impacts of such repository on the reservation and its residents;

(ii) to develop a request for impact assistance under

paragraph (2);

(iii) to engage in any monitoring, testing, or evaluation

activities with respect to site characterization programs with

regard to such site;

(iv) to provide information to the residents of its

reservation regarding any activities of such Indian tribe, the

Secretary, or the Commission with respect to such site; and

(v) to request information from, and make comments and

recommendations to, the Secretary regarding any activities

taken under this subtitle with respect to such site.

(B) The amount of funds provided to any affected Indian tribe

under this paragraph in any fiscal year may not exceed 100

percent of the costs incurred by such Indian tribe with respect to

the activities described in clauses (i) through (v) of subparagraph

(A). Any salary or travel expense that would ordinarily be

incurred by such Indian tribe may not be considered eligible for

funding under this paragraph.

(3) (A) The Secretary shall provide financial and technical

assistance to any affected Indian tribe requesting such assistance and

where there is a site with respect to which the Commission has

authorized construction of a repository. Such assistance shall be

designed to mitigate the impact on such Indian tribe of the

development of such repository. Such assistance to such Indian tribe

shall commence within 6 months following the granting by the

Commission of a construction authorization for such repository and

following the initiation of construction activities at such site.

Report (B) Any affected Indian tribe desiring assistance under this

submittal, paragraph shall prepare and submit to the Secretary a report on

any economic, social, public health and safety, and environmental

impacts that are likely as a result of the development of a

repository at a site on the reservation of such Indian tribe. Such

report shall be submitted to the Secretary following the

completion of site characterization activities at such site and

before the recommendation of such site to the President by the

Secretary for application for a construction authorization for a

repository. As soon as practicable following the granting of a

construction authorization for such repository, the Secretary shall

seek to enter into a binding agreement with the Indian tribe

involved setting forth the amount of assistance to be provided to

such Indian tribe under this paragraph and the procedures to be

followed in providing such assistance.

(4) The Secretary shall grant to each affected Indian tribe where a

site for a repository is approved under section I 12(c) an amount each

fiscal year equal to the amount such Indian tribe would receive were

it authorized to tax site characterization activities at such site, and the
Grants.

limitation.

Funding.

42 USC 10139.

434 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

development and operation of such repository, as such Indian tribe

taxes the other commercial activities occurring on such reservation.

Such grants shall continue until such time as all such activities,

development, and operation are terminated at such site.

(5) An affected Indian tribe may not receive any grant under

paragraph (1) after the expiration of the I-year period following-

(i) the date on which the Secretary notifies such Indian

tribe of the termination of site characterization activities at the

candidate site involved on the reservation of such Indian tribe;

(ii) the date on which such site is disapproved under

section 115;

(iii) the date on which the Commission disapproves an

application for a construction authorization for a repository at

such site;

(iv) the date of the enactment of the Nuclear Waste Policy

Amendments Acts of 1987;8 whichever occurs first, unless

there is another candidate site on the reservation of such

Indian tribe that is approved under section 112(c) and with

respect to which the actions described in clauses (i), (ii), and

(iii) have not been taken.

(B) An affected Indian tribe may not receive any further

assistance under paragraph (2) with respect to a site if repository

construction activities at such site are terminated by the Secretary

or if such activities are permanently enjoined by any court.

(C) At the end of the 2-year period beginning on the effective

date of any license to receive and possess for a repository at a site

on the reservation of an affected Indian tribe, no Federal funds

shall be made available under paragraph (1) or (2) to such Indian

tribe, except for-

(i) such funds as may be necessary to support activities of

such Indian tribe related to any other repository where a

license to receive and possess has not been in effect for more

than 1 year; and

(ii) such funds as may be necessary to support activities of

such Indian tribe pursuant to agreements or contracts for

impact assistance entered into, under paragraph (2), by such

Indian tribe with the Secretary during such 2-year period.

(6) Financial assistance authorized in this subsection shall be

made out of amounts held in the Nuclear Waste Fund established in

section 302.

Sec. 119. Judicial Review Of Agency Actions

(a) JURISDICTION OF UNITED STATES COURTS OF

APPEALS-

(I) Except for review in the Supreme Court of the United States

courts of appeals shall have original and exclusive jurisdiction over

any civil action-

(A) for review of any final decision or action of the Secretary,

the President , or the Commission under this subtitle;

(B) alleging the failure of the Secretary, the President, or the

Commission to make any decision, or take any action, required

under this subtitle;

'P.L. 100-203, § 5033, 101 Stat. 1330 (1987), amended sections 118(b)(5)(ii) and (iv).
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 435

42 USC 10140.

42 USC 10141.

(C) challenging the constitutionality of any decision made, or

action taken, under any provision of this subtitle;

(D) for review of any environmental impact statement

prepared pursuant to the National Environmental Policy Act of

1969 (42 USC 4321 et seq.) with respect to any action under this

subtitle, or as required under section 135(c) (1), or alleging a

failure to prepare such statement with respect to any such action;

(E) for review of any environmental assessment prepared

under section 112(b) (I) or 135(c)(2); or

(F) for review of any research and development activity under

title II.

(2) The venue of any proceeding under this section shall be in the

judicial circuit in which the petitioner involved resided or has its

principle office, or in the United States Court of Appeals for the

District of Columbia.

(c) Deadline For Commencing Action-A civil action for judicial

review described under subsection (a)(]) may be brought not later than

the 180th day after the date of the decision or action or failure to act

involved, as the case may be, except that if a party shows that he did not

know of the decision or action complained of (or of the failure to act),

and that a reasonable person acting under the circumstances would not

have known, such party may bring a civil action not later than the 180th

day after the date such party acquired actual or constructive knowledge

of such decision, action, or failure to act.

Sec. 120. Expedited Authorizations

(a) ISSUANCE OF AUTHORIZATION-(1) To the extent that the

taking of any action related to the site characterization of a site or the

construction or initial operation of a repository under this subtitle

requires a certificate, right-of-way, permit, lease, or other authorization

from a Federal agency or officer, such agency or officer shall issue or

grant any such authorization at the earliest practicable date, to the extent

permitted by the applicable provisions of law administered by such

agency or officer. All actions of a Federal agency or officer with respect

to consideration of applications or requests for the issuance or grant of

any such authorization shall be expedited, and any such application or

request shall take precedence over any similar applications or requests

not related to such repositories.

(2) The provisions of paragraph (1) shall not apply to any

certificate, right-of-way, permit, lease, or other authorization issued

or granted by, or requested from, the Commission.

(b) Terms Of Authorizations.-Any authorization issued or granted

pursuant to subsection (a) shall include such terms and conditions as may

be required by law, and may include terms and conditions permitted by

law.

Sec. 121. Certain Standards And Criteria

(a) ENVIRONMENTAL PROTECTION AGENCY STANDARDSNot later than 1 year after the date of the enactment of this Act, the

Administrator, pursuant to authority under other provisions of law, shall,

by rule, promulgate generally applicable standards for protection of the

general environment from offsite releases from. radioactive material in

repositories.

(b) Commission Requirements And Criteria-(]) (A) Not later than

January I, 1984, the Commission, pursuant to authority under other

provisions of law, shall, by rule promulgate technical requirements and

criteria that it will apply, under the Atomic Energy Act of 1954 (42 USC
436 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

2011 et seq.) and the Energy Reorganization Act of 1974 (42 USC 5801

et seq.), in approving or disapproving.-

(i) applications for authorization to construct repositories;

(ii) applications for licenses to receive and possess spent

nuclear fuel and high-level radioactive waste in such

repositories; and

(iii) applications for authorization for closure and

decommissioning of such repositories.

(B) Such criteria shall provide for the use of a system of

multiple barriers in the design of the repository and shall include

such restrictions on the retrievability of the solidified high-level

radioactive waste and spent fuel emplaced in the repository as the

Commission deems appropriate.

(C) Such requirements and criteria shall not be inconsistent

with any comparable standards promulgated by the Administrator

under subsection (a).

(2) For purposes of this Act, nothing in this section shall be

constructed to prohibit the Commission from promulgating

requirements and criteria under paragraph (I) before the

Administrator promulgates standards under subsection (a). If the

Administrator promulgates standards under subsection (a) after

requirements and criteria are promulgated by the Commission under

paragraph (1), such requirements and criteria shall be revised by the

Commission if necessary to comply with paragraph (I) (C).

(c) Environmental Impact Statements-The promulgation of standards

or criteria in accordance with the provisions of this section shall not

require the preparation of an environmental impact statement under

section 102(2)(C) of the National Environmental Policy Act of 1969 (42

USC 4332(2)(C)), or to require any environmental review under

subparagraph (E) or (F) of section 102(2) of such Act.

Sec. 122. Disposal Of Spent Nuclear Fuel

Notwithstanding any other provision of this subtitle, any repository

constructed on a site approved under this subtitle shall be designed and

constructed to permit the retrieval of any spent nuclear fuel placed in

such repository, during an appropriate period of operation of the facility,

for any reason pertaining to the public health and safety, or the

environment, or for the purpose of permitting the recovery of the

economically valuable contents of such spent fuel. The Secretary shall

specify the appropriate period of retrievability with respect to any

repository at the time of design of such repository, and such aspect of

such repository shall be subject to approval or disapproval by the

Commission as part of the construction authorization process under

subsections(b) through (d) of section 114.

See. 123. Title To Material

Delivery, and acceptance by the Secretary, of any high-level

radioactive waste or spent nuclear fuel for a repository constructed under

this subtitle shall constitute a transfer to the Secretary of title to such

waste or spent fuel.

See. 124. Consideration Of Effect Of Acquisition Of Water Rights

The Secretary shall give full consideration to whether the

development, construction, and operation of a repository may require any

purchase or other acquisition of water rights that will have a significant

adverse effect on the present or future development of the area in which

such repository is located. The Secretary shall mitigate any such adverse

effects to the maximum extent practicable.

42 USC 10142.

42 USC 10143.

42 USC 10144.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 437

42 USC 10145.

42 USC 10151.

42 USC 10152.

42 USC 10153.

Licensing

procedures.

Sec. 125. Termination Of Certain Provisions

Sections 119 and 120 shall cease to have effect at such time as a

repository developed under this subtitle is licensed to receive and possess

high-level radioactive waste and spent nuclear fuel.

Subtitle B-Interim Storage Program

See. 131. Findings And Purposes

(a) FINDINGS-The congress finds that-

(1) the persons owning and operating civilian nuclear power

reactors have the primary responsibility for providing interim storage

of spent nuclear fuel from such reactors by maximizing, to the extent

practical, the effective use of existing storage facilities at the site of

each civilian nuclear power reactor, and by adding new onsite storage

capacity in a timely manner where practical; (2) the Federal Government has the responsibility to encourage

and expedite the effective use of existing storage facilities and the

addition of needed new storage capacity at the site of each civilian

nuclear power reactor; and

(3) the Federal Government has the responsibility to provide, in

accordance with the provisions of this subtitle, not more than 1,900

metric tons of capacity for interim storage of spent nuclear fuel for

civilian nuclear power reactors that cannot reasonably provide adequate storage capacity at the sites of such reactors when needed to

assure the continued, orderly operation of such reactors.

(b) Purposes.-The purposes of this subtitle are-

(1) to provide for the utilization of available spent nuclear fuel

pools at the site of each civilian nuclear power reactor to the extent

practical and the addition of new spent nuclear fuel storage capacity

where practical at the site of such reactor; and

(2) to provide, in accordance with the provisions of this subtitle,

for the establishment of a federally owned and operated system for

the interim storage of spent nuclear fuel at one or more facilities

owned by the Federal Government with not more than 1,900 metric

tons of capacity to prevent disruptions in the orderly operation of any

civilian nuclear power reactor that cannot reasonably provide

adequate spent nuclear fuel storage capacity at the site of such reactor

when needed.

Sec. 132. Available Capacity For Interim Storage Of Spent Nuclear

Fuel

The Secretary, the Commission, and other authorized Federal

officials shall each take such actions as such official considers necessary

to encourage and expedite the effective use of available storage and

necessary additional storage, at the site of each civilian nuclear power

reactor consistent with-

(1) the protection of the public health and safety, and the

environment;

(2) economic considerations;

(3) continued operation of such reactor;

(4) any applicable provisions of law; and

(5) the views of the population surrounding such reactor.

Sec. 133. Interim At Reactor Storage

The Commission shall, by rule, establish procedures for the licensing

of any technology approved by the Commission under section 219(a) for

use at the site of any civilian nuclear power reactor. The establishment of

such procedures shall not preclude the licensing, under any applicable
42 USC 10154.

Sumnmary

submittal of

facts, data and

arguments.

438 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

procedures or rules of the Commission in effect prior to such

establishments, of any technology for the storage of civilian spent nuclear

fuel at the site of any civilian nuclear power reactor.

Sec. 134. Licensing Of Facility Expansions And Transshipments

a) ORAL ARGUMENT-In any Commission hearing under section

189 of the Atomic Energy Act of 1954 (42 USC 2239) on an application

for a license, or for an amendment to an existing license, filed after the

date of the enactment of this Act, to expand the spent nuclear fuel storage

capacity at the site of a civilian nuclear power reactor, through the use of

high--density fuel storage racks, fuel rod compaction, the transshipment

of spent nuclear fuel to another civilian nuclear power reactor within the

same utility system, the construction of additional spent nuclear fuel pool

capacity or dry storage capacity, or by other means, the Commission

shall, at the request of any party, provide an opportunity for oral

argument with respect to any matter which the Commission determines

to be in controversy among the parties. The oral arguments shall

preceded by such discovery procedures as the rules of the Commission

shall provide The Commission shall require each party, including the

Commission staff, to submit in written form, at the time of the oral

argument, a summary of the facts, data, and arguments upon which such

party proposes to rely that are known at such time to such party. Only

facts and data in the form of sworn testimony or written submission may

be relied upon by the parties during oral arguments. Of the material that

may be submitted by the parties during oral arguments, the Commission

shall only consider those facts and data that are submitted in the form of

sworn testimony or written submission.

(b) ADJUDICATORY HEARING-(I) At the conclusion of any oral

argument under subsection (a), the Commission shall designate any

disputed questions of fact, together with any remaining questions of law,

for resolution in an adjudicatory hearing only if it determines that-

(A) there is a genuine and substantial dispute of fact which can

only be resolved with sufficient accuracy by the introduction of

evidence in an adjudicatory hearing; and

(B) the decision of the Commission is likely to depend in

whole or in part on the resolution of such dispute.

(2) In making a determination under this subsection, the

Commission-

(A) shall designate in writing the specific facts that are in

genuine and substantial dispute, the reason why the decision of

the agency is likely to depend on the resolution of such facts, and

the reason why an adjudicatory hearing is likely to resolve the

dispute; and

(B) shall not consider-

(i) any issue relating to the design, construction, or operation of any civilian nuclear power reactor already

licensed to operate at such site, or any civilian nuclear power

reactor for which a construction permit has been granted at

such site, unless the Commission determines that any such

issue substantially affects the design, construction, or

operation of the facility or activity for which such license

application, authorization, or amendment is being considered;

or* (ii) any siting or design issue fully considered and decided

by the Commission in connection with the issuance of a construction permit or operating license for a civilian nuclear

power reactor at such site, unless (I) such issue results from
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 439

Nula at oicyAto 198 (PL 7453

42 USC 10155.

any revision of siting or design criteria by the Commission

following such decision; and (II) the Commission determines

that such issue substantially affects the design, construction, or

operation of the facility or activity for which such license

application, authorization, or amendment is being considered.

(3) The provisions of paragraph (2)(B) shall apply only with

respect to licenses, authorizations, or amendments to licenses or

authorizations, applied for under the Atomic Energy Act of 1954 (42

USC 2011 et seq.) before December 31, 2005.

(4) The provisions of this section shall not apply to the first

application for a license or license amendment received by the

Commission to expand onsite spent fuel storage capacity by the use

of a new technology not previously approved for use at any nuclear

power plant by the Commission.

(c) Judicial Review.-No court shall hold unlawful or set aside a

decision of the Commission in any proceeding described in subsection

(a) because of a failure by the Commission to use a particular procedure

pursuant to this section unless-

(I) an objection to the procedure used was presented to the

Commission in a timely fashion or there are extraordinary

circumstances that excuse the failure to present a timely objection;

and

(2) the court finds that such failure has precluded a fair

consideration and informed resolution of a significant issue of the

proceeding taken as a whole.

Sec. 135. Storage Of Spent Nuclear Fuel

(a) STORAGE CAPACITY-(I) Subject to section 8, the Secretary

shall provide, in accordance with paragraph (5), not more than 1,900

metric tons of capacity for the storage of spent nuclear fuel from civilian

nuclear power reactors. Such storage capacity shall be provided through

any one or more of the following methods, used in any combination

determined by the Secretary to be appropriate:

(A) use of available capacity at one or more facilities owned

by the Federal Government on the date of the enactment of this

Act, including the modification and expansion of any such

facilities, if the Commission determines that such use will

adequately protect the public health and safety, except that such

use shall not-

(i) render such facilities subject to licensing under the

Atomic Energy Act of 1954 (42 USC 2011 et seq.) or the

Energy Reorganization Act of 1974 (42 USC 5801 et. seq.); or

(ii) except as provided in subsection (c) require the

preparation of an environmental impact statement under

section 102(2)(C) of the National Environmental Policy Act of

1969 (42 USC 4332(2)(C)), such facility is already being used,

or has previously been used, for such storage or for any

similar purpose.

(B) acquisition of any modular or mobile spent nuclear fuel

storage equipment, including spent nuclear fuel storage casks, and

provision of such equipment, to any person generating or holding

title to spent nuclear fuel, at the site of any civilian nuclear power

reactor operated by such person or at any site owned by the

Federal Government on the date of enactment of this Act;

(C) construction of storage capacity at any site of a civilian

nuclear power reactor.
440 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(2) Storage capacity authorized by paragraph (1) shall not be

provided at any Federal or non-Federal site within which there is a

candidate site for a repository. The restriction in the preceding

sentence shall only apply until such time as the Secretary decides that

such candidate site is no longer a candidate site under consideration

for development as a repository.

(3) In selecting methods of providing storage capacity under

paragraph (1), the Secretary shall consider the timeliness of the

availability of each such method and shall seek to minimize the

transportation of spent nuclear fuel, the public health and safety

impacts, and the costs of providing such storage capacity.

(4) In providing storage capacity through any method described in

paragraph (I), the Secretary shall comply with any applicable

requirements for licensing or authorization of such method, except as provided in paragraph (l)(A)(i).

(5) The Secretary shall ensure that storage capacity is made

available under paragraph (1) when needed, as determined on the

basis of the storage needs specified in contracts entered into under

section 136(a), and shall accept upon request any spent nuclear fuel

as covered under such contracts.

Facilitv. (6) For purposes of paragraph (I)(A), the term "facility" means

any building of structure.

(b) CONTRACTS-(I) Subject to the capacity limitation established

in subsections (a)(1) and (d), the Secretary shall offer to enter into, and

may enter into contracts under section 136(a) with any person generating

or owning spent nuclear fuel for purposes of providing storage capacity

for such spent fuel under this section only if the Commission determines

that-

(A) adequate storage capacity to ensure the continued orderly

operation of the civilian nuclear power reactor at which such

spent nuclear fuel is generated cannot reasonably be provided by

the person owning and operating such reactor at such site, or at

the site, of any other civilian nuclear power reactor operated by

such person, and such capacity cannot be made available in a

timely manner through any method described in subparagraph

(B); and

(B) such person is diligently pursuing licensed alternatives to

the use of Federal storage capacity for the storage of spent nuclear

fuel expected to be generated by such person in the future,

including-

(i) expansion of storage facilities at the site of any civilian

nuclear power reactor operated by such person;

(ii) construction of new or additional storage facilities at

the site of any civilian nuclear power reactor operated by such

person;

(iii) acquisition of modular or mobile spent nuclear fuel

storage equipment, including spent nuclear fuel storage casks,

for use at the site of any civilian nuclear power reactor

operated by such person; and

(iv) transshipment to another civilian nuclear power

reactor owned by such person.

(2) In making the determination described in paragraph (1)(A),

the Commission shall ensure maintenance of a full core reserve storage capability at the site of the civilian nuclear power reactor

involved unless the Commission determines that maintenance of such
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 441

Public

availability.

5 USC .701 el.

seq.

Judicial review.

capability is not necessary for the continued orderly operation of such

reactor.

(3) The Commission shall complete the determinations required in

paragraph (I) with respect to any request for storage capacity not later

than 6 months after receipt of such request by the Commission.

(c) ENVIRONMENTAL REVIEW-(]) The provision of 300 or more

metric tons of storage capacity at any one Federal site under subsection

(a)(l)(A) shall be considered to be a major Federal action requiring

preparation of an environmental impact statement under section

102(2)(C) of the National Environmental Policy Act of 1969 (42 USC

4332(2)(C)).

(2) (A) The Secretary shall prepare, and make available to the

public, an environmental assessment of the probable impacts of any

provision of less than 300 metric tons of storage capacity at any one

Federal site under subsection (a)(l)(A) that requires the modification

or expansion of any facility at the site, and a discussion of alternative

activities that may be undertaken to avoid such impacts. Such

environmental assessment shall include-

(i) an estimate of the amount of storage capacity to be

made available at such site;

(ii) an evaluation as to whether the facilities to be used at

such site are suitable for the provision of such storage

capacity;

(iii) a description of activities planned by the Secretary

with respect to the modification or expansion of the facilities

to be used at such site;

(iv) an evaluation of the effects of the provision of such

storage capacity at such site on the public health and safety,

and the environment;

(v) a reasonable comparative evaluation of current

information with respect to such site and facilities and other

sites and facilities available for the provision of such storage

capacity;

(vi) a description of any other sites and facilities that have

been considered by the Secretary for the provision of such

storage capacity; and

(vii) an assessment of the regional and local impacts of

providing such storage capacity at such site, including the

impacts on transportation.

(B) The issuance of any environmental assessment under this

paragraph shall be considered to be final agency action subject to

judicial review in accordance with the provisions of chapter 7 of

title 5, United States Code. Such judicial review shall be limited

to the sufficiency of such assessment with respect to the items

described in clauses (i) through (vii) of subparagraph (A).

(3) Judicial review of any environmental impact statement or

environmental assessment prepared pursuant to this subsection shall

be conducted in accordance with the provisions of section 119.

(d) REVIEW OF SITES AND STATE PARTICIPATION-(I) In

carrying out the provisions of this subtitle with regard to any interim

storage of spent fuel from civilian nuclear power reactors which the

Secretary is authorized by section 135 to provide, the Secretary shall, as

soon as practicable, notify, in writing, the Governor and the State

legislature of any State and the Tribal Council of any affected Indian

tribe in such State in which is located a potentially acceptable site or
442 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

facility for such interim storage of spent fuel of his intention to

investigate that site or facility.

Investigation. (2) During the course of investigation of such site or facility, the

Secretary shall keep the Governor, State legislature, and affected

Tribal Council currently informed of the progress of the work, and

results of the investigation. At the time of selection by the Secretary

of any site or existing facility, but prior to undertaking any sitespecific work or alterations, the Secretary shall promptly notify the

Governor, the legislature, and any affected Tribal Council in writing

of such selection and subject to the provisions of paragraph (6) of this

subsection, shall promptly enter into negotiations with such State and

affected Tribal Council to establish a cooperative agreement under

which such State and Council shall have the right to participate in a

process of consultation and cooperation, based on public health and

safety and environmental concerns, in all stages of the planning,

development, modification, expansion, operation, and closure of

storage capacity at a site or facility within such State for the interim

storage of spent fuel from civilian nuclear power reactors. Public

participation in the negotiation of such an agreement shall be

Guidelines. provided for and encouraged by the Secretary, the State, and the

affected Tribal Council. The Secretary in cooperation with the State

and Indian tribes, shall develop and publish minimum guideline for

public participation in such negotiations, but the adequacy of such

guidelines or any failure to comply with such guidelines shall not be a

basis for judicial review.

Cooperative (3) The cooperative agreement shall include, but need not be

agreement. limited to, the sharing in accordance with applicable law of all

technical and licensing information, the utilization of available

expertise, the facilitating of permitting procedures, joint project

review, and the formulation of joint surveillance and monitoring

arrangements to carry out applicable Federal and State laws. The

cooperative agreement also shall include a detailed plan or schedule

of milestones, decision points and opportunities for State or eligible

Tribal Council review and objection. Such cooperative agreement

shall provide procedures for negotiating and resolving objections of

the State and affected Tribal Council in any stage of planning,

development, modification, expansion, operation, or closure of

storage capacity at a site or facility within such State. The terms of

any cooperative agreement shall not affect the authority of the

Nuclear Regulatory Commission under existing law.

Process of (4) For the purpose of this subsection, "process of consultation

consultation and cooperation" means a methodology by which the Secretary (A)

and keeps the State and eligible Tribal Council fully and currently

cooperation, informed about the aspects of the project related to any potential

impact on the public health and safety and environment; (B) solicits,

receives, and evaluates concerns and objections of such State and

Council with regard to such aspects of the project on an ongoing

basis; and (C) works diligently and cooperatively to resolve, through

arbitration or other appropriate mechanisms, such concerns and

objections. The process of consultation and cooperation shall not

include the grant of a right to any State or Tribal Council to exercise

an absolute veto of any aspect of the planning, development,

Report to modification, expansion, or operation of the project.

Congress. (5) The Secretary and the State and affected Tribal Council shall

seek to conclude the agreement required by paragraph (2) as soon as

practicable, but not later than 180 days following the date of
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 443

notification of the selection under paragraph (2).The Secretary shall

periodically report to the Congress thereafter on the status of the

agreements approved under paragraph (3). Any report to the Congress

on the status of negotiations of such agreement by the Secretary shall

be accompanied by comments solicited by the Secretary from the

State and eligible Tribal Council.

(6) (A) Upon deciding to provide an aggregate of 300 or more

metric tons of storage capacity under subsection (a)(1) at any one site,

the Secretary shall notify the Governor and legislature of the State

where such site is located, or the governing body of the Indian tribe in

whose reservation such site is located, as the case may be, of such

decision. During the 60-day period following receipt of notification

by the Secretary of his decision to provide an aggregate of 300 or more metric tons of storage capacity at any one site, the Governor or legislature of the State in which such site is located, or the governing

body of the affected Indian tribe where such site is located, as the case

may be, may disapprove the provision of 300 or more metric tons of

storage capacity at the site involved and submit to the Congress a

Notice of notice of such disapproval. A notice of disapproval shall be

disapproval, considered to be submitted to the Congress on the date of the

submittal to transmittal of such notice of disapproval to the Speaker of the House

Congress. and

(B) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of

disapproval to the Congress under subparagraph (A). In any case in which State law provides for submission of any such notice of

disapproval by any other person or entity, any reference in this

subtitle to the Governor or legislature of such State shall be

considered to refer instead to such other person or entity.

(C) The authority of the Governor and legislature of each State

under this paragraph shall not be applicable with respect to any

site located on a reservation.

(D) If any notice of disapproval is submitted to the Congress

under subparagraph (A), the proposed provision of 300 or more metric tons of storage capacity at the site involved shall be

disapproved unless, during the first period of 90 calendar days of

continuous session of the Congress following the date of the

receipt by the Congress of such notice of disapproval, the

Congress passes a resolution approving such proposed provision

of storage capacity in accordance with the procedures established

in this paragraph and subsections (d) through (0 of section 115

and such resolution thereafter becomes law. For purposes of this

Resolution. paragraph, the term "resolution" means a joint resolution of either

House of the Congress, the matter after the resolving clause of

which is as follows: That there hereby is approved the provision of

300 or more metric tons of spent nuclear fuel storage capacity at

the site located at , with respect to which

a notice of disapproval was submitted by on • The first blank space in such resolution

shall be filled with the geographic location of the site involved; the

second blank space in such resolution shall be filled with the

designation of the State Governor and legislature or affected

Indian tribe governing body submitting the notice of disapproval

involved; and the last blank space in such resolution shall be filled

with the date of submission of such notice of disapproval.
444 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(E) For purposes of the consideration of any resolution

described in subparagraph (D), each reference in subsections (d)

and (e) of section 115 to a resolution of repository siting approval

shall be considered to refer to the resolution described in such

subparagraph.

Affected Tribal (7) As used in this section, the term "affected Tribal Council"

Council. means the governing body of any Indian tribe within whose

reservation boundaries there is located a potentially acceptable site

for interim storage capacity of spent nuclear fuel from civilian

nuclear power reactors, or within whose boundaries a site for such

capacity is selected by the Secretary, or whose federally defined

possessory or usage rights to other lands outside of the reservation's

boundaries arising out of congressionally ratified treaties, as

determined by the Secretary of the Interior pursuant to a petition filed

with him by the appropriate governmental officials of such tribe, may

be substantially and adversely affected by the establishment of any

such storage capacity.

(e) LIMITATIONS-Any spent nuclear fuel stored under this section

shall be removed from the storage site or facility involved as soon as practicable, but in any event not later than 3 years following the date on

which a repository or monitored retrievable storage facility developed

under this Act is available for disposal of such spent nuclear fuel.

(f) REPORT.-The Secretary shall annually prepare and submit to the

Congress a report on any plans of the Secretary for providing storage

capacity under this section. Such report shall include a description of the

specific manner of providing such storage selected by the Secretary, if

any. The Secretary shall prepare and submit the first such report not later

than I year after the date of the enactment of this Act.

5 uSC 553. (g) CRITERIA FOR DETERMINING ADEQUACY OF

AVAILABLE STORAGE CAPACITY-Not later than 90 days after the

date of the enactment of this Act, the Commission pursuant to section

553 of the Administrative Procedures Act, shall propose, by rule,

procedures and criteria for making the determination required by

subsection (b) that a person owning and operating a civilian nuclear

power reactor cannot reasonably provide adequate spent nuclear fuel

storage capacity at the civilian nuclear power reactor site when needed to

ensure the continued orderly operation of such reactor. Such criteria shall

ensure the maintenance of a full core reserve storage capability at the site

of such reactor unless the Commission determines that maintenance of

such capability is not necessary for the continued orderly operation of

such reactor. Such criteria shall identify the feasibility of reasonably

providing such adequate spent nuclear fuel storage capacity, taking into

account economic, technical, regulatory, and public health and safety

factors, through the use of high-density fuel storage racks, fuel rod

compaction, transshipment of spent nuclear fuel to another civilian

nuclear power reactor within the same utility system, construction of

additional spent nuclear fuel pool capacity, or such other technologies as

may be approved by the Commission.

(h) APPLICATION-Notwithstanding any other provision of law,

nothing in this Act shall be construed to encourage, authorize, or require

the private or Federal use, purchase, lease, or other acquisition of any

storage facility located away from the site of any civilian nuclear power

reactor and not owned by the Federal Government on the date of the

enactment of this Act.

(i) COORDINATION WITH RESEARCH AND DEVELOPMENT

PROGRAM-To the extent available, and consistent with the provisions
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 445

42 USC 10156.

Study: report to

Congress.

Publication in

Federal

Register.

Fees.

Nula atoicyAc of 192(.9745 4

of this section, the Secretary shall provide spent nuclear fuel for the

research and development program authorized in section 217 from spent

nuclear fuel received by the Secretary for storage under this section. Such

spent nuclear fuel shall not be subject to the provisions of subsection (e).

Sec. 136. Interim Storage Fund

(a) CONTRACTS-

(I) During the period following the date of the enactment of this

Act, but not later than January I, 1990, the Secretary is authorized to

enter into contracts with persons who generate or own spent nuclear

fuel resulting from civilian nuclear activities for the storage of such

spent nuclear fuel in any storage capacity provided under this subtitle:

Provided, however, That the Secretary shall not enter into contracts

for spent nuclear fuel in amounts in excess of the available storage

capacity specified in section 135(a). Those contracts shall provide

that the Federal Government will (1) take title at the civilian nuclear

power reactor site, to such amounts of spent nuclear fuel from the

civilian nuclear power reactor as the Commission determines cannot

be stored onsite, (2) transport the spent nuclear fuel to a federally

owned and operated interim away-from-reactor storage facility, and

(3) store such fuel in the facility pending further processing, storage,

or disposal. Each such contract shall (A) provide for payment to the

Secretary of fees determined in accordance with the provisions of this

section; and (B) specify the amount of storage capacity to be provided

for the person involved.

(2) The Secretary shall undertake a study and, not later than

180 days after the date of the enactment of this Act, submit to the

Congress a report, establishing payment charges that shall be

calculated on an annual basis, commencing on or before January I,

1984. Such payment charges and the calculation thereof shall be

published in the Federal Register, and shall become effective not less

than 30 days after publication. Each payment charge published in the

Federal Register under this paragraph shall remain effective for a

period of 12 months from the effective date as the charge for the cost

of the interim storage of any spent nuclear fuel. The report of the

Secretary shall specify the method and manner of collection

(including the rates and manner of payment) and any legislative

recommendations determined by the Secretary to be appropriate.

(3) Fees for storage under this subtitle shall be established on a

nondiscriminatory basis. The fees to be paid by each person entering

into a contract with the Secretary under this subsection shall be based

upon an estimate of the pro rata costs of storage and related activities

under this subtitle with respect to such person, including the

acquisition, construction, operation, and maintenance of any facilities

under this subtitle.

(4) The Secretary shall establish in writing criteria setting forth

the terms and conditions under which such storage services shall be

made available.

(5) Except as provided in section 137, nothing in this or any other

Act requires the Secretary, in carrying out the responsibilities of this

section, to obtain a license or permit to possess or own spent nuclear

fuel.

(b) LIMITATION-No spent nuclear fuel generated or owned by any

department of the United States referred to in section 101 or 102 of title

5, United States Code, may be stored by the Secretary in any storage

capacity provided under this subtitle unless such department transfers to

the Secretary, for deposit in the Interim Storage Fund, amounts
446 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

equivalent to the fees that would be paid to the Secretary under the

contracts referred to in this section if such spent nuclear fuel were

generated by any other person.

(c) ESTABLISHMENT OF INTERIM STORAGE FUND-There

hereby is established in the Treasury of the United States a separate fund,

to be known as the Interim Storage Fund. The Storage Fund shall consist

of-

(1) all receipts, proceeds, and recoveries realized by the Secretary

under subsections (a), (b), and (e), which shall be deposited in the

Storage Fund immediately upon their realization;

(2) any appropriations made by the Congress to the Storage Fund;

and

(3) any unexpended balances available on the date of the

enactment of this Act for functions or activities necessary or incident

to the interim storage of civilian spent nuclear fuel, which shall

automatically be transferred to the Storage Fund on such date.

(d) USE OF STORAGE FUND-The Secretary may make

expenditures from the Storage Fund, subject to subsection (e), for any

purpose necessary or appropriate to the conduct of the functions and

activities of the Secretary, or the provision or anticipated provision of

services, under this subtitle, including-

(I) the identification, development, licensing, construction,

operation, decommissioning, and post-decommissioning maintenance

and monitoring of any interim storage facility provided under this

subtitle;

(2) the administrative cost of the interim storage program;

(3) the costs associated with acquisition, design, modification,

replacement, operation, and construction of facilities at an interim

storage site, consistent with the restrictions in section 135;

(4) the cost of transportation of spent nuclear fuel; and

(5) impact assistance as described in subsection (e).

Payments. (e) IMPACT ASSISTANCE(I) Beginning the first fiscal year which

commences after the date of the enactment of this Act, the Secretary shall

make annual impact assistance payments to a State or appropriate unit of

local government, or both, in order to mitigate social or economic

impacts occasioned by the establishment and subsequent operation of any

interim storage capacity within the jurisdictional boundaries of such

government or governments and authorized under this subtitle: Provided,

however, That such impact assistance payments shall not exceed (A) ten

percentum of the costs incurred in paragraphs (I) and (2), or (B) $15 per

kilogram of spent fuel, whichever is less:

(2) Payments made available to States and units of local

government pursuant to this section shall be-

(A) allocated in a fair and equitable manner with a priority to

those States or units of local government suffering the most

severe impacts; and

(B) utilized by States or units of local governments only for (i)

planning, (ii) construction and maintenance of public services,

(iii) provision of public services related to the providing of such

interim storage authorized under this title, and (iv) compensation

for loss of taxable property equivalent to that if the storage had

been provided under private ownership.

Regulations. (3) Such payments shall be subject to such terms and conditions

as the Secretary determines necessary to ensure that the purposes of

this subsection shall be achieved. The Secretary shall issue such
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 447

regulations as may be necessary to carry out the provisions of this

subsection.

(4) Payments under this subsection shall be made available solely

from the fees determined under subsection (a).

(5) The Secretary is authorized to consult with States and

appropriate units of local government in advance of commencement

of establishment of storage capacity authorized under this subtitle in

an effort to determine the level of the payment such government

would be eligible to receive pursuant to this subsection.

Unit of local (6) As used in this subsection, the term "unit of local government"

government, means a county, parish, township, municipality, and shall include a

borough existing in the State of Alaska on the date of the enactment

of this subsection, and any other unit of government below the State

level which is a unit of general government as determined by the

Secretary.

Report to (f) ADMINISTRATION OF STORAGE FUND-(]) The Secretary of

Congress. the Treasury shall hold the Storage Fund and, after consultation with the

Secretary, annually report to the Congress on the financial condition and

operations of the Storage Fund during the preceding fiscal year.

Budget (2) The Secretary shall submit the budget of the Storage Fund to

submittal. the Office of Management and Budget triennially along with the

budget of the Department of Energy submitted at such time in

accordance with chapter II of title 31, United States Code. The

budget of the Storage Fund shall consist of estimates made by the

Secretary of expenditures from the Storage Fund and other relevant

financial matters for the succeeding 3 fiscal years, and shall be

included in the Budget of the United States Government. The

Secretary may make expenditures from the Storage Fund, subject to

appropriations which shall remain available until expended.

Appropriations shall be subject to triennial authorization.

(3) If the Secretary determines that the Storage Fund contains at

any time amounts in excess of current needs, the Secretary may

request the Secretary of the Treasury to invest such amounts, or any

portion of such amounts as the Secretary determines to be

appropriate, in obligations of the United States-

(A) having maturities determined by the Secretary of the

Treasury to be appropriate to the needs of the Storage Fund; and

(B) bearing interest at rates determined to be appropriate by

the Secretary of the Treasury, taking into consideration the current

average market yield on outstanding marketable obligations of the

United States with remaining periods to maturity comparable to

the maturities of such investments, except that the interest rate on

such investments shall not exceed the average interest rate

applicable to existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary

under this section, and expenditures of amounts from the Storage

Fund, shall be exempt from annual apportionment under the

provisions of subchapter If of chapter 15 of title 31, United States

Code.

(5) If at any time the moneys available in the Storage Fund are

insufficient to enable the Secretary to discharge his responsibilities

under this subtitle, the Secretary shall issue to the Secretary of the

Treasury obligations in such forms and denominations, bearing such

maturities, and subject to such terms and conditions as may be agreed

to by the Secretary and the Secretary of the Treasury. The total of

such obligations shall not exceed amounts provided in appropriation
Interest

payments.

Deferral.

42 USC 10157.

448 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

Acts. Redemption of such obligations shall be made by the Secretary

from moneys available in the Storage Fund. Such obligations shall

bear interest at a rate determined by the Secretary of the Treasury,

which shall be not less than a rate determined by taking into

consideration the average market yield on outstanding marketable

obligations of the United States of comparable maturities during the

month preceding the issuance of the obligations under this paragraph.

The Secretary of the Treasury shall purchase any issued obligations,

and for such purpose the Secretary of the Treasury is authorized to

use as a public debt transaction the proceeds from the sale of any

securities issued under chapter 31 of title 3 1, United States Code, and

the purposes for which securities may be issued under such Act are

extended to include any purchase of such obligations. The Secretary

of the Treasury may at any time sell any of the obligations acquired

by him under this paragraph. All redemptions, purchases, and sales by

the Secretary of the Treasury of obligations under this paragraph shall

be treated as public debt transactions of the United States.

(6) Any appropriations made available to the Storage Fund for

any purpose described in subsection (d) shall be repaid into the

general fund of the Treasury, together with interest from the date of

availability of the appropriations until the date of repayment. Such

interest shall be paid on the cumulative amount of appropriations

available to the Storage Fund, less the average undisbursed cash

balance in the Storage Fund account during the fiscal year involved.

The rate of such interest shall be determined by the Secretary of the

Treasury taking into consideration the average market yield during

the month preceding each fiscal year on outstanding marketable

obligations of the United States of comparable maturity. Interest

payments may be deferred with the approval of the Secretary of the

Treasury, but any interest payments so deferred shall themselves bear

interest.

Sec. 137. Transportation

(a) TRANSPORTATION-(I) Transportation of spent nuclear fuel

under section 136(a) shall be subject to licensing and regulation by the

Commission and by the Secretary of Transportation as provided for

transportation of commercial spent nuclear fuel under existing law.

(2) The Secretary, in providing for the transportation of spent

nuclear fuel under this Act, shall utilize by contract private industry

to the fullest extent possible in each aspect of such transportation.

The Secretary shall use direct Federal services for such transportation

only upon a determination of the Secretary of Transportation, in

consultation with the Secretary, that private industry is unable or

unwilling to provide such transportation services at reasonable cost.

Subtitle C-Monitored Retrievable Storage

Sec. 141. Monitored Retrievable Storage

(a) FINDINGS-The Congress finds that-

(I) long-term storage of high-level radioactive waste or spent

nuclear fuel in monitored retrievable storage facilities is an option for

providing safe and reliable management of such waste or spent fuel;

(2) the executive branch and the Congress should proceed as

expeditiously as possible to consider fully a proposal for construction

of one or more monitored retrievable storage facilities to provide such

long-term storage;

42 USC 10161.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 449

Nula at oicyAc of 192( .9745 4

(3) the Federal Government has the responsibility to ensure that

site-specific designs for such facilities are available as provided in

this section;

(4) the generators and owners of the high-level radioactive waste

and spent nuclear fuel to be stored in such facilities have the

responsibility to pay the costs of the long-term storage of such waste

and spent fuel; and

(5) disposal of high-level radioactive waste and spent nuclear fuel

in a repository developed under this Act should proceed regardless of

any construction of a monitored retrievable storage facility pursuant

to this section.

(b) SUBMISSION OF PROPOSAL BY SECRETARY-(l) On or

before June 1, 1985, the Secretary shall complete a detailed study of the

need for and feasibility of, and shall submit to the Congress a proposal

for, the construction of one or more monitored retrievable storage

facilities for high-level radioactive waste and spent nuclear fuel. Each

such facility shall be designed-

(A) to accommodate spent nuclear fuel and high-level

radioactive waste resulting from civilian nuclear activities;

(B) to permit continuous monitoring, management, and

maintenance of such spent fuel and waste for the foreseeable

future;

(C) to provide for the ready retrieval of such spent fuel and

waste for further processing or disposal; and

(D) to safely store such spent fuel and waste as long as may be

necessary by maintaining such facility through appropriate means,

including any required replacement of such facility.

(2) Such proposal shall include-

(A) the establishment of a Federal program for the siting,

development, construction, and operation of facilities capable of

safely storing high-level radioactive waste and spent nuclear fuel,

which facilities are to be licensed by the Commission;

(B) a plan for the funding of the construction and operation of

such facilities, which plan shall provide that the costs of such

activities shall be borne by the generators and owners of the highlevel radioactive waste and spent nuclear fuel to be stored in such

facilities;

(C) site-specific designs, specifications, and cost estimates

sufficient to (i) solicit bids for the construction of the first such

facility; (ii) support congressional authorization of the

construction of such facility; and (iii) enable completion and

operation of such facility as soon as practicable following

congressional authorization of such facility; and

(D) a plan for integrating facilities constructed pursuant to this

section with other storage and disposal facilities authorized in this

Act.

Consultations. (3) In formulating such proposal, the Secretary shall consult with

the Commission and the Administrator, and shall submit their

comments on such proposal to the Congress at the time such proposal

is submitted.

(4) The proposal shall include, for the first such facility, at least 3

alternative sites and at least 5 alternative combinations of such

proposed sites and facility designs consistent with the criteria of

paragraph (b)(l). The Secretary shall recommend the combination

among the alternatives that the Secretary deems preferable. The

environmental assessment under subsection (c) shall include a full
450 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

analysis of the relative advantages and disadvantages of all 5 such

alternative combinations of proposed sites and proposed facility

designs.

Environmental (c) ENVIRONMENTAL IMPACT STATEMENTS-(I) Preparation

assessment. and submission to the Congress of the proposal required in this section

shall not require the preparation of an environmental impact statement

under section 102(2)(C) of the National Environmental Policy Act of

1969 (42 USC 4332(2)(C)). The Secretary shall prepare, in accordance

Submittal to with regulations issued by the Secretary implementing such Act, an

Congress. environmental assessment with respect to such proposal. Such

environmental assessment shall be based upon available information

regarding alternative technologies for the storage of spent nuclear fuel

and high-level radioactive waste. The Secretary shall submit such

environmental assessment to the Congress at the time such proposal is

submitted.

(2) If the Congress by law, after review of the proposal submitted

by the Secretary under subsection (b), specifically authorizes

construction of a monitored retrievable storage facility, the

requirements of the National Environmental Policy Act of 1969 (42

USC 4321 et seq.) shall apply with respect to construction of such

facility, except that any environmental impact statement prepared

with respect to such facility shall not be required to consider the need

for such facility or any alternative to the design criteria for such

facility set forth in subsection (b) (I).

(d) LICENSING-Any facility authorized pursuant to this section

shall be subject to licensing under section 202(3)) of the Energy

Reorganization Act of 1974 (42 USC 5842(3). In reviewing the

application filed by the Secretary for licensing of the first such facility,

the Commission may not consider the need for such facility or any

alternative to the design criteria for such facility set forth in subsection

(b) (1).

(e) CLARIFICATION-Nothing in this section limits the

consideration of alternative facility designs consistent with the criteria of

paragraph (b)(1) in any environmental impact statement, or in any

licensing procedure of the Commission, with respect to any monitored,

retrievable facility authorized pursuant to this section.

Payments. (f) IMPACT ASSISTANCE-(I) Upon receipt by the Secretary of

congressional authorization to construct a facility described in subsection

(b), the Secretary shall commence making annual impact aid payments to

appropriate units of general local government in order to migrate any

social or economic impacts resulting from the construction and

subsequent operation of any such facility within the jurisdictional

boundaries of any such unit.

(2) payments made available to units of general local government

under this subsection shall be-

(A) allocated in a fair and equitable manner, with priority

given to units of general local government determined by the

Secretary to be most severely affected; and

(B) utilized by units of general local government only for

planning, construction, maintenance, and provision of public

services related to the siting of such facility.

Regulations. (3) Such payments shall be subject to such terms and conditions

as the Secretary determines are necessary to ensure achievement of

the purposes of this subsection. The Secretary shall issue such

regulations as may be necessary to carry out the provisions of this

subsection.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 451

Consultations.

42 USC 10162.

42 USC 10163.

Reports.

(4) Such payments shall be made available entirely from funds

held in the Nuclear Waste Fund established in section 302 (c) and

shall be available only to the extent provided in advance in

appropriation Acts.

(5) The Secretary may consult with appropriate units of general

local government in advance of commencement of construction of

any such facility in an effort to determine the level of payments each

such unit is eligible to receive under this subsection.

(g) LIMITATION-No monitored retrievable storage facility

development pursuant to this section may be constructed in any State in

which there is located any site approved for site characterization under

section 112. The restriction in the preceding sentence shall only apply

until such time as the Secretary decides that such candidate site is no

longer a candidate site under consideration for development as a

repository. Such restriction shall continue to apply to any site selected for

construction as a repository.

(h) PARTICIPATION OF STATES AND INDIAN TRIBES-Any

facility authorized pursuant to this section shall be subject to the

provisions of sections 115, 116(a), 116(b), 116(d), 117, and 118. For

purposes of carrying out the provisions of this subsection, any reference

in sections 115 through 118 to a repository shall be considered to refer to

a monitored retrievable storage facility.

Sec. 142. Authorization of Monitored Retrievable Storage

(a) NULLIFICATION OF OAK RIDGE SITTING PROPOSAL-The

proposal the Secretary (EC-1022, 100th Congress) to locate a monitored

retrievable storage facility at a site on the Clinch River in the Roane

County portion of Oak Ridge, Tennessee, with alternative sites on the

Oak Ridge Reservation of the Department of Energy and on the former

site of a proposed nuclear power plant in Hartsville, Tennessee, is

annulled and revoked. In carrying out the provisions of sections 144 and

145, the Secretary shall make no presumption or preference to such sites

by reason of their previous selection.

(b) Authorization.-The Secretary is authorized to site, construct, and

operate one monitored retrievable storage facility subject to the

conditions described in sections 143 through 149.9

Sec. 143. Monitored Retrievable Storage Commission

(a) ESTABLISHMENT-(I) (A) There is established a Monitored

Retrievable Storage Review Commission (hereinafter in this section

referred to as the "MRS Commission"), that shall consist of 3 members

who shall be appointed by and serve at the pleasure of the President pro

tempore of the Senate and the Speaker of the House of Representatives.

(B) 75 Members of the MRS Commission shall be appointed

not later than 30 days after the date of the enactment of the

Nuclear Waste Policy Amendments Act of 1987 from among

persons who as a result of training, experience and attainments are

exceptionally well qualified to evaluate the need for a monitored

retrievable storage facility as a part of the Nation's nuclear waste

management system.

(C) The MRS Commission shall prepare a report on the need

for a monitored retrievable storage facility as a part of a national

nuclear waste management system that achieves the purposes of

9

As added by Public Law 100-203, Title V, § 5021, 101 Stat. 1330-232, Dec. 22, 1987, added sections 142-

149.
452 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

this Act. In preparing the report under this subparagraph, the MRS

Commission shall-

(i) review the status and adequacy of the Secretary's

evaluation of the systems advantages and disadvantages of

bringing such a facility into the national nuclear waste

disposal system;

(ii) obtain comment and available data on monitored

retrievable storage from affected parties, including States

containing potentially acceptable sites;

(iii) evaluate the utility of a monitored retrievable storage

facility from a technical perspective; and

(iv) make a recommendation to Congress as to whether

such a facility should be included in the national nuclear waste

management system in order to achieve the purposes of this

Act, including meeting needs for packaging and handling of

spent nuclear fuel, improving the flexibility of the repository

development schedule, and providing temporary storage of

spent nuclear fuel accepted for disposal.

(2) In preparing the report and making its recommendation under

paragraph (1) the MRS Commission shall compare such a facility to

the alternative of at-reactor storage of spent nuclear fuel prior to

disposal of such fuel in a repository under this Act. Such comparison

shall take into consideration the impact on-

(A) repository design and construction;

(B) waste package design, fabrication and standardization;

(C) waste preparation;

(D) waste transportation systems;

(E) the reliability of the national system for the disposal of

radioactive waste;

(F) the ability of the Secretary to fulfill contractual

commitments of the Department under this Act to accept spent

nuclear fuel for disposal; and

(G) economic factors, including the impact on the costs likely

to be imposed on ratepayers of the Nation's electric utilities for

temporary at-reactor storage of spent nuclear fuel prior to final

disposal in a repository, as well as the costs likely to be imposed

on ratepayers of the Nation's electric utilities in building and

operating such a facility.

Repoirs. (3) The report under this subsection, together with the

recommendation of the MRS Commission, shall be transmitted to

Congress on November I, 1989.'°

(4) (A) (i) Each member of the MRS Commission shall be paid at

the rate provided for level III of the Executive Schedule for each day

(including travel time) such member is engaged in the work of the

MRS Commission, and shall receive travel expenses, including per

diem in lieu of subsistence in the same manner as is permitted under

sections 5702 and 5703 of title 5, United States Code.

(ii) The MRS Commission may appoint and fix

compensation, not to exceed the rate of basic pay payable for

GS-18 of the General Schedule, for such staff as may be

necessary to carry out its functions.

"'Entire section added by Public Law 100-203, Title V, § 5021, 101 Stat. 1330-232, Dec. 22, 1987; Public

Law 100-507, section 2, 102 Slat. 2541 (1988), extended the report deadline from June I, 1989, to

November 1, 1989.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 453

Nula at oiyAto 198 (PL 745 5

42 USC 10164.

42 USC 10165.

(B) (i) The MRS Commission may hold hearings, sit and act at

such times and places, take such testimony and receive such

evidence as the MRS Commission considers appropriate. Any

member of the MRS Commission may administer oaths or

affirmations to witnesses appearing before the MRS Commission.

(ii) The MRS Commission may request any Executive

agency, including the Department, to furnish such assistance

or information, including records, data, files, or documents, as

the Commission considers necessary to carry out its functions.

Unless prohibited by law, such agency shall promptly furnish

such assistance or information.

(iii) To the extent permitted by law, the Administrator of

the General Services Administration shall, upon request of the

MRS Commission, provide the MRS Commission with

necessary administrative services, facilities, and support on a

reimbursable basis.

(iv) The MRS Commission may procure temporary and

intermittent services from experts and consultants to the same

extent as is authorized by section 3 109(b) of title 5, United

States Code, at rates and under such rules as the MRS

Commission considers reasonable.

(C) The MRS Commission shall cease to exist 60 days after

the submission to Congress of the report required under this

subsection.

Sec. 144. Survey

After the MRS Commission submits its report to the Congress under

section 143, the Secretary may conduct a survey and evaluation of

potentially suitable sites for a monitored retrievable storage facility. In

conducting such survey and evaluation, the Secretary shall consider the

extent to which siting a monitored retrievable storage facility at each site

surveyed would-

(1) enhance the reliability and flexibility of the system for the

disposal of spent nuclear fuel and high-level radioactive waste

established under this Act;

(2) minimize the impacts of transportation and handling of such

fuel and waste;

(3) provide for public confidence in the ability of such system to

safely dispose of the fuel and waste;

(4) impose minimal adverse effects on the local community and

the local environment;

(5) provide a high probability that the facility will meet applicable

environmental, health, and safety requirements in a timely fashion;

(6) provide such other benefits to the system for the disposal of

spent nuclear fuel and high-level radioactive waste as the Secretary

deems appropriate; and

(7) unduly burden a State in which significant volumes of highlevel radioactive waste resulting from atomic energy defense

activities are stored.

Sec. 145. Site Selection

(a) GENERAL-The Secretary may select the site evaluated under

section 144 that the Secretary determines on the basis of available

information to be the most suitable for a monitored retrievable storage

facility that is an integral part of the system for the disposal of spent

nuclear fuel and high-level radioactive waste established under this Act.
454 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(b) LIMITATION-The Secretary may not select a site under

subsection (a) until the Secretary recommends to the President the

approval of a site for development as a repository under section 114(a).

(c) SITE SPECIFIC ACTIVITIES-The Secretary may conduct such

site specific activities at each site surveyed under section 144 as he

determines may be necessary to support an application to the

Commission for a license to construct a monitored retrievable storage

facility at such site.

(d) ENVIRONMENTAL ASSESSMENT-Site specific activities and

selection of a site under this section shall not require the preparation of

an environmental impact statement under section 102(2)(C) of the

National Environmental Policy Act of 1969 (42 USC 4332(2)(C)). The

Secretary shall prepare an environmental assessment with respect to such

selection in accordance with regulations issued by the Secretary

implementing such Act. Such environmental assessment shall be based

upon available information regarding alternative technologies for the

storage of spent nuclear fuel and high-level radioactive waste. The

Secretary shall submit such environmental assessment to the Congress at

the time such site is selected.

(e) NOTIFICATION BEFORE SELECTION-(I) At least 6 months

before selecting a site under subsection (a), the Secretary shall notify the

Governor and legislature of the State in which such site is located, or the

governing body of the affected Indian tribe where such site is located, as

the case may be, of such potential selection and the basis for such

selection.

(2) Before selecting any site under subsection (a), the Secretary

shall hold at least one public hearing in the vicinity of such site to

solicit any recommendations of interested parties with respect to

issues raised by the selection of such site.

(f) NOTIFICATION OF SELECTION-The Secretary shall promptly

notify Congress and the appropriate State or Indian tribe of the selection

under subsection (a).

(g) LIMITATION-No monitored retrievable storage facility

authorized pursuant to section 142 (b) may be constructed in the State of

Nevada.

See. 146. Notice Of Disapproval

(a) IN GENERAL-The selection of a site under section 145 shall be

effective at the end of the period of 60 calendar days beginning on the

date of notification under such subsection, unless the governing body of

the Indian tribe on whose reservation such site is located, or, if the site is

not on a reservation, the Governor and the legislature of the State in

which the site is located, has submitted to Congress a notice of

disapproval with respect to such site. If any such notice of disapproval

has been submitted under this subsection, the selection of the site under

section 145 shall not be effective except as provided under section

S115(c).

(b) REFERENCES.-For purposes of carrying out the provisions of

this subsection, references in section 115(c) to a repository shall be

considered to refer to a monitored retrievable storage facility and

references to a notice of disapproval of a repository site designation

under section 116(b) or 118(a) shall be considered to refer to a notice of

disapproval under this section.

Sec. 147. Benefits Agreement

Once selection of a site for a monitored retrievable storage facility is

made by the Secretary under section 145, the Indian tribe on whose

reservation the site is located, or, in the case that the site is not located on

42 USC 10166.

42 USC 10167.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 455

42 USC 10168.

42 USC 10169.

a reservation, the State in which the site is located, shall be eligible to

enter into a benefits agreement with the Secretary under section 170.

Sec. 148. Construction Authorization

(a) ENVIRONMENTAL IMPACT STATEMENT-(I) Once the

selection of a site is effective under section 146, the requirements of the

National Environmental Policy Act of 1969 (42 USC 4321 et seq.) shall

apply with respect to construction of a monitored retrievable storage

facility, except that any environmental impact statement prepared with

respect to such facility shall not be required to consider the need for such

facility or any alternative to the design criteria for such facility set forth

in section 141 (b) (1).

(2) Nothing in this section shall be construed to limit the

consideration of alternative facility designs consistent with the

criteria described in section 141(b)(1) in any environmental impact

statement, or in any licensing procedure of the Commission, with

respect to any monitored retrievable storage facility authorized under

section 142(b).

(b) APPLICATION FOR CONSTRUCTION LICENSE-Once the

selection of a site for a monitored retrievable storage facility is effective

under section 146, the Secretary may submit an application to the

Commission for a license to construct such a facility as part of an

integrated nuclear waste management system and in accordance with the

provisions of this section and applicable agreements under this Act

affecting such facility.

(c) LICENSING-Any monitored retrievable storage facility

authorized pursuant to section 142(b) shall be subject to licensing under

section 202(3) of the Energy Reorganization Act of 1974 (42 USC

5842(3)). In reviewing the application filed by the Secretary for

licensing of such facility, the Commission may not consider the need for

such facility or any alternative to the design criteria for such facility set

forth in section 141(b)(1).

(d) LICENSING CONDITIONS-Any license issued by the

Commission for a monitored retrievable storage facility under this

section shall provide that-

(I) construction of such facility may not begin until the

Commission has issued a license for the construction of a repository

under section I 15(d);

(2) construction of such facility or acceptance of spent nuclear

fuel or high-level radioactive waste shall be prohibited during such

time as the repository license is revoked by the Commission or

construction of the repository ceases;

(3) the quantity of spent nuclear fuel or high-level radioactive

waste at the site of such facility at any one time may not exceed

10,000 metric tons of heavy metal until a repository under this Act

first accepts spent nuclear fuel or solidified high-level radioactive

waste; and

(4) the quantity of spent nuclear fuel or high-level radioactive

waste at the site of the facility at any one time may not exceed 15,000

metric tons of heavy metal.

Sec. 149. Financial Assistance

The provisions of section 116(c) or 118(b) with respect to grants,

technical assistance, and other financial assistance shall apply to the

State, to affected Indian tribes and to affected units of local government
42 USC 10171.

456 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

in the case of a monitored retrievable storage facility in the same manner

as for a repository.''

Subtitle D-Low-Level Radioactive Waste

Sec. 151. Financial Arrangements For Low-Level Radioactive Waste

Site Closure

(a) FINANCIAL ARRANGEMENTS-(I) The Commission shall

establish by rule, regulation, or order, after public notice, and in

accordance with section 181 of the Atomic Energy Act of 1954 (42 USC

2231), such standards and instructions as the Commission may deem

necessary or desirable to ensure in the case of each license for the

disposal of low-level radioactive waste that an adequate bond, surety, or

other financial arrangement (as determined by the Commission) will be

provided by a licensee to permit completion of all requirements

established by the Commission for. the decontamination,

decommissioning, site closure, and reclamation of sites, structures, and

equipment used in conjunction with such low-level radioactive waste.

Such financial arrangements shall be provided and approved by the

Commission, or, in the case of sites within the boundaries of any

agreement State under section 274 of the Atomic Energy Act of 1954 (42

USC 2021), by the appropriate State or State entity, prior to issuance of

licenses for low-level radioactive waste disposal or, in the case of

licenses in effect on the date of the enactment of this Act, prior to

termination of such licenses.

(2) If the Commission determines that any long-term maintenance

or monitoring, or both, will be necessary at a site described in

paragraph (I), the Commission shall ensure before termination of the

license involved that the licensee has made available such bonding,

surety, or other financial arrangements as may be necessary to ensure

that any necessary long-term maintenance or monitoring needed for

such site will be carried out by the person having title and custody for

such site following license termination.

(b) TITLE AND CUSTODY-(I) The Secretary shall have authority

to assume title and custody of low-level radioactive waste and the land

on which such waste is disposed of, upon request of the owner of such

waste and land and following termination of the license issued by the

Commission for such disposal, if the Commission determines that-

(A) the requirements of the Commission for site closure,

decommissioning, and decontamination have been met by the

licensee involved and that such licensee is in compliance with the

provisions of subsection (a);

(B) such title and custody will be transferred to the Secretary

without cost to the Federal Government; and

(C) Federal ownership and management of such site is

necessary or desirable in order to protect the public health and

safety, and the environment.

(2) If the Secretary assumes title and custody of any such waste

and land under this subsection, the Secretary shall maintain such

waste and land in a manner that will protect the public health and

safety, and the environment.

"P.L. 100-203, § 5021, 101 Stat. 1330 (1987), added sections 142-149.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 457

42 USC 10172.

42 USC 10172a.

(c) SPECIAL SITES-If the low-level radioactive waste involved is

the result of a licensed activity to recover zirconium, hafnium, and rare

earths from source material, the Secretary, upon request of the owner of

the site involved, shall assume title and custody of such waste and the

land on which it is disposed when such site has been decontaminated and

stabilized in accordance with the requirements established by the

Commission and when such owner has made adequate financial

arrangements approved by the Commission for the long-term

maintenance and monitoring of such site.

Subtitle E-Redirection Of The Nuclear Waste Program

Sec. 160. Selection Of Yucca Mountain Site

(a) IN GENERAL-(I) The Secretary shall provide for an orderly

phase-out of site specific activities at all candidate sites other than the

Yucca Mountain site.

(2) The Secretary shall terminate all site specific activities (other

than reclamation activities) at all candidate sites, other than the Yucca

Mountain site, within 90 days after the date of enactment of the

Nuclear Waste Policy Amendments Act of 1987.

(b) Effective on the date of the enactment of the Nuclear Waste

Policy Amendments Act of 1987, the State of Nevada shall be eligible to

enter into a benefits agreement with the Secretary under section 170.12

Sec. 161. Siting A Second Repository

(a) CONGRESSIONAL ACTION REQUIRED-The Secretary may

not conduct site-specific activities with respect to a second repository

unless Congress has specifically authorized and appropriated funds for

such activities.

(b) REPORT-The Secretary shall report to the President and to

Congress on or after January 1, 2007, but not later than January 1, 2010,

on the need for a second repository.

(c) TERMINATION OF GRANITE RESEARCH-Not later than 6

months after the date of the enactment of the Nuclear Waste Policy

Amendments Act of 1987, the Secretary shall phase out in an orderly

manner funding for all research programs in existence on such date of

enactment designed to evaluate the suitability of crystalline rock as a

potential repository host medium.

(d) ADDITIONAL SITING CRITERIA-In the event that the

Secretary at any time after such date of enactment considers any sites in

crystalline rock for characterization or selection as a repository, the

Secretary shall consider (as a supplement to the siting guidelines under

section 112) such potentially disqualifying factors as-

(I ) seasonal increases in population;

(2) proximity to public drinking water supplies, including those of

metropolitan areas; and

(3) the impact that characterization or siting decisions would have

on lands owned or placed in trust by the United States for Indian

tribes. 13

'

2

P.L. 100-203, § 501 I, 101 Stat. 1330 (1987), added new Subtitle E.

"P.L. 100-203, § 5012, 101 Stat. 1330 (1987), amended Subtitle E by adding section 161.
458 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

Subtitle F- Benefits

42 USC 10173.

42 USC 10173a.

Sec. 170. Benefits Agreements

(a) IN GENERAL-(I) The Secretary may enter into a benefits

agreement with the State of Nevada concerning a repository or with a

State or an Indian tribe concerning a monitored retrievable storage

facility for the acceptance of high-level radioactive waste or spent

nuclear fuel in that State or on the reservation of that tribe, as

appropriate.

(2) The State or Indian tribe may enter into such an agreement

only if the State Attorney General or the appropriate governing

authority of the Indian tribe or the Secretary of the Interior, in the

absence of an appropriate governing authority, as appropriate,

certifies to the satisfaction of the Secretary that the laws of the State

or Indian tribe provide adequate authority for that entity to enter into

the benefits agreement.

(3) Any benefits agreement with a State under this section shall be

negotiated in consultation with affected units of local government in

such State.

(4) Benefits and payments under this subtitle may be made

available only in accordance with a benefits agreement under this

section.

(b) AMENDMENT-A benefits agreement entered into under

subsection (a) may be amended only by the mutual consent of the parties

to the agreement and terminated only in accordance with section 173.

(c) AGREEMENT WITH NEVADA-The Secretary shall offer to

enter into a benefits agreement with the Governor of Nevada. Any

benefits agreement with a State under this subsection shall be negotiated

in consultation with any affected units of local government in such State.

(d) MONITORED RETRIEVABLE STORAGE-The Secretary shall

offer to enter into a benefits agreement relating to a monitored retrievable

storage facility with the governing body of the Indian tribe on whose

reservation the site for such facility is located, or, if the site is not located

on a reservation, with the Governor of the State in which the site is

located and in consultation with affected units of local government in

such State.

(e) LIMITATION-Only one benefits agreement for a repository and

only one benefits agreement for a monitored retrievable storage facility

may be in effect at any one time.

(f) JUDICIAL REVIEW-Decisions of the Secretary under this

section are not subject to judicial review.1 4

Sec. 171. Content Of Agreements

(a) IN GENERAL-(I) In addition to the benefits to which a State, an

affected unit of local government or Indian tribe is entitled under title I,

the Secretary shall make payments to a State or Indian tribe that is a party

to a benefits agreement under section 170 in accordance with the

following schedule:

"As added by P.L. 100-202, § 101(d) [Title III, § 3001, 101 Star. 1329-104. 1329-121, Dec. 22, 1987, and

amended by P.L. 100-203, Title V, § 5031, 101 Stat. 1330-237 (1987). Refers to §§ 170-175.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 459

BENEFITS SCHEDULE

(amounts in $ millions)

Event MRS Repository

(A) Annual payments prior to first 5 10

spent fuel receipt

(B) Upon first spent fuel receipt 10 20

(C) Annual payments after the

first spent fuel receipt until closure 10 20

of the facility

(2) For purposes of this section, the term-

(A) "MRS" means a monitored retrievable storage facility,

(B) "spent fuel" means high-level radioactive waste or spent

nuclear fuel, and

(C) "first spent fuel receipt" does not include receipt of spent

fuel or high-level radioactive waste for purposes of testing or

operational demonstration.

(3) Annual payments prior to first spent fuel receipt under

paragraph (l)(A) shall be made on the date of execution of the

benefits agreement and thereafter on the anniversary date of such

execution. Annual payments after the first spent fuel receipt until

closure of the facility under paragraph (1)(C) shall be made on the

anniversary date of such first spent fuel receipt.

(4) If the first spent fuel payment under paragraph (1)(B) is made

within six months after the last annual payment prior to the receipt of

spent fuel under paragraph (1)(A), such first spent fuel payment under

paragraph (1)(B) shall be reduced by an amount equal to one-twelfth

of such annual payment under paragraph (])(A) for each full month

less than six that has not elapsed since the last annual payment under

paragraph (I )(A).

(5) Notwithstanding paragraph (1), (2), or (3), no payment under

this section may be made before January 1, 1989, and any payment

due under this title before January 1, 1989, shall be made on or after

such date.

(6) Except as provided in paragraph (7), the Secretary may not

restrict the purposes for which the payments under this section may

be used.

(7) (A) Any State receiving a payment under this section shall

transfer an amount equal to not less than one-third of the amount of

such payment to affected units of local government of such State.

(B) A plan for this transfer and appropriate allocation of such

portion among such governments shall be included in the benefits

agreement under section 170 covering such payments.

(C) In the event of a dispute concerning such plan, the

Secretary shall resolve such dispute, consistent with this Act and

applicable State law.

(b) CONTENTS-A benefits agreement under section 170 shall

provide that-

(I) a Review Panel be established in accordance with section 172;

(2) the State or Indian tribe that is party to such agreement waive

its rights under title I to disapprove the recommendation of a site for a

repository;

(3) the parties to the agreement shall share with one another

information relevant to the licensing process for the repository of

monitored retrievable storage facility, as it becomes available;
42 USC 10173b.

460 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(4) the State or Indian tribe that is party to such agreement

participate in the design of the repository or monitored retrievable

storage facility and in the preparation of documents required under

law or regulation governing the effects of the facility on the public

health and safety; and

(5) the State or Indian tribe waive its rights, if any, to impact

assistance under sections I 16(c)(I)(B)(ii), I I6(c)(2), 1I 8(b)(2)(A)(ii),

and 1 18(b)(3).

(c) The Secretary shall make payments to the States or affected Indian

tribes under a benefits agreement under this section from the Waste

Fund. The signature of the Secretary on a valid benefits agreement under

section 170 shall constitute a commitment by the United States to make

payments in accordance with such agreement.

Sec. 172. Review Panel

(a) IN GENERAL-The Review Panel required to be established by

section 171(b)(1) of this Act shall consist of a Chairman selected by the

Secretary in consultation with the Governor of the State or governing

body of the Indian tribe, as appropriate, that is party to such agreement

and six other members as follows:

(1) two members selected by the Governor of such State or

governing body of such Indian tribe;

(2) two members selected by units of local government affected

by the repository or monitored retrievable storage facility;

(3) one member to represent persons making payments into the

Waste Fund, to be selected by the Secretary; and

(4) one member to represent other public interests, to be selected

by the Secretary.

(b) TERMS-

(I) The members of the Review Panel shall serve for terms of four

years each.

(2) Members of the Review Panel who are not full-time

employees of the Federal Government, shall receive a per diem

compensation for each day spent conducting work of the Review

Panel, including their necessary travel or other expenses while

engaged in the work of the Review Panel.

(3) Expenses of the Panel shall be paid by the Secretary from the

Waste Fund.

(c) DUTIES-The Review Panel shall-

(1) advise the Secretary on matters relating to the proposed

repository or monitored retrievable storage facility, including issues

relating to design, construction, operation, and decommissioning of

the facility;

(2) evaluate performance of the repository or monitored

retrievable storage facility, as it considers appropriate;

(3) recommend corrective actions to the Secretary;

(4) assist in the presentation of State or affected Indian tribe and

local perspectives to the Secretary; and

(5) participate in the planning for and the review of preoperational

data on environmental, demographic, and socioeconomic conditions

of the site and the local community.

(d) INFORMATION-The Secretary shall promptly make available

promptly any information in the Secretary's possession requested by the

Panel or its Chairman.

(e) FEDERAL ADVISORY COMMITTEE ACT-The requirements

of the Federal Advisory Committee Act shall not apply to a Review

Panel established under this title.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 461

42 USC 10173c.

42 USC 10174.

42 USC 10174a.

Sec. 173. Termination

(a) IN GENERAL-The Secretary may terminate a benefits

agreement under this title if-

(I) the site under consideration is disqualified for its failure to

comply with guidelines and technical requirements established by the

Secretary in accordance with this Act; or

(2) the Secretary determines that the Commission cannot license

the facility within a reasonable time.

(b) TERMINATION BY STATE OR INDIAN TRIBE-A State or

Indian tribe may terminate a benefits agreement under this title only if

the Secretary disqualifies the site under consideration for its failure to

comply with technical requirements established by the Secretary in

accordance with this Act or the Secretary determines that the

Commission cannot license the facility within a reasonable time.

(c) DECISIONS OF THE SECRETARY-Decisions of the Secretary

under this section shall be in writing, shall be available to Congress and

the public, and are not subject to judicial review.

Subtitle G-Other Benefits

Sec. 174. Consideration In Siting Facilities

The Secretary, in siting Federal research projects, shall give special

consideration to proposals from States where a repository is located.

Sec. 175. Report

(a) IN GENERAL-Within one year of the date of the enactment of

the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall

report to Congress on the potential impacts of locating a repository at the

Yucca Mountain site, including the recommendations of the Secretary for

mitigation of such impacts and a statement of which impacts should be

dealt with by the Federal Government, which should be dealt with by the

State with State resources, including the benefits payments under section

171, and which should be a joint Federal-State responsibility. The report

under this subsection shall include the analysis of the Secretary of the

authorities available to mitigate these impacts and the appropriate sources

of funds for such mitigation.

(b) IMPACTS TO BE CONSIDERED-Potential impacts to be

addressed in the report under this subsection (a) shall include impacts

on-

(I) education, including facilities and personnel for elementary

and secondary schools, community colleges, vocational and technical

schools and universities;

(2) public health, including the facilities and personnel for

treatment and distribution of water, the treatment of sewage, the

control of pests and the disposal of solid waste;

(3) law enforcement, including facilities and personnel for the

courts, police and sheriffs departments, district attorneys and public

defenders and prisons;

(4) fire protection, including personnel, the construction of fire

stations, and the acquisition of equipment;

(5) medical care, including emergency services and hospitals;

(6) cultural and recreational needs, including facilities and

personnel for libraries and museums and the acquisition and

expansion of parks;

(7) distribution of public lands to allow for the timely expansion

of existing, or creation of new, communities and the construction of

necessary residential and commercial facilities;
42 USC 10175.

462 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(8) vocational training and employment services;

(9) social services, including public assistance programs,

vocational and physical rehabilitation programs, mental health

services, and programs relating to the abuse of alcohol and controlled

substances;

(10) transportation, including any roads, terminals, airports,

bridges, or railways associated with the facility and the repair and

maintenance of roads, terminals, airports, bridges, or railways

damaged as a result of the construction, operation, and closure of the

facility;

(11) equipment and training for State and local personnel in the

management of accidents involving high-level radioactive waste;

(12) availability of energy;

(13) tourism and economic development, including the potential

loss of revenue and future economic growth; and

(14) other needs of the State and local governments that would not

have arisen but for the characterization of the site and the

construction, operation, and eventual closure of the repository

facility. s

Subtitle H-Transportation

Sec, 180. Transportation

(a). No spent nuclear fuel or high-level radioactive waste may be

transported by or for the Secretary under subtitle A or under subtitle C

except in packages that have been certified for such purpose by the

Commission.

(b) The Secretary shall abide by regulations of the Commission

regarding advance notification of State and local governments prior to

transportation of spent nuclear fuel or high-level radioactive waste under

subtitle A or under subtitle C.

(c) The Secretary shall provide technical assistance and funds to

States for training for public safety officials of appropriate units of local

government and Indian tribes through whose jurisdiction the Secretary

plans to transport spent nuclear fuel or high-level radioactive waste under

subtitle A or under subtitle C. Training shall cover procedures required

for safe routine transportation of these materials, as well as procedures

for dealing with emergency response situations. The Waste Fund shall be

the source of funds for work carried out under this subsection.16

Title ll-Research, Development, And Demonstration

Regarding Disposal Of Hi gh-Level Radioactive Waste And

Spent Nuclear Fuel

Sec. 211. Purpose

It is the purpose of this title-

(I) to provide direction to the Secretary with respect to the

disposal of high-level radioactive waste and spent nuclear fuel;

(2) to authorize the Secretary, pursuant to this title-

(A) to provide for the construction, operation, and

maintenance of a deep geologic test and evaluation facility; and

42 USC 10191.

"P.L. 100-203, § 5031, 101 Stat. 1330(1987), amendedTitle I by adding Subtitles FandG. "

6

P.L. 100-203, § 5061, 101 Stat. 1330 (1987), amended Title I by adding Subtitle H.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 463

42 USC 10192.

42 USC 10193.

Environmental

assessment.

(B) to provide for a focused and integrated high-level

radioactive waste and spent nuclear fuel research and

development program, including the development of a test and

evaluation facility to carry out research and provide an integrated

demonstration of the technology for deep geologic disposal of

high-level radioactive waste, and the development of the facilities

to demonstrate dry storage of spent nuclear fuel; and

(3) to provide for an improved cooperative role between the

Federal Government and States, affected Indian tribes, and units of

general local government in the siting of a test and evaluation facility.

Sec. 212. Applicability

The provisions of this title are subject to section 8 and shall not apply

to facilities that are used for the disposal of high-level radioactive waste,

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

resulting from atomic energy defense activities.

See. 213. Identification Of Sites

(a) GUIDELINES-Not later than 6 months after the date of the

enactment of this Act and notwithstanding the failure of other agencies to

promulgate. standards pursuant to applicable law, the Secretary, in

consultation with the Commission, the Director of the United States

Geological Survey, the Administrator, the Council on Environmental

Quality, and such other Federal agencies as the Secretary considers

appropriate, is authorized to issue, pursuant to section 553 of title 5,

United States Code, general guidelines for the selection of a site for a test

and evaluation facility. Under such guidelines the Secretary shall specify

factors that qualify or disqualify a site for development as a test and

evaluation facility, including factors pertaining to the location of valuable

natural resources, hydrogeophysics, seismic activity, and atomic energy

defense activities, proximity to water supplies, proximity to populations,

the effect upon the rights of users of water, and proximity to components

of the National Park System, the National Wildlife Refuge System, the

National Wild and Scenic Rivers System, the National Wilderness

Preservation System, or National Forest Lands. Such guidelines shall

require the Secretary to consider the various geologic media in which the

site for a test and evaluation facility may be located and, to the extent

practicable, to identify sites in different geologic media. The Secretary

shall use guidelines established under this subsection in considering and

selecting sites under this title.

(b) SITE IDENTIFICATION BY THE SECRETARY-(I) Not later

than 1 year after the date of the enactment of this Act, and following

promulgation of guidelines under subsection (a), the Secretary is

authorized to identify 3 or more sites, at least 2 of which shall be in

different geologic media in the continental United States, and at least I of

which shall be in media other than salt. Subject to Commission

requirements, the Secretary shall give preference to sites for the test and

evaluation facility in media possessing geochemical characteristics that

retard aqueous transport of radionuclides in order to provide a greater

possible protection of public health and safety as operating experience is

gained at the test and operation facility, and with the exception of the

primary areas under review by the Secretary on the date of the enactment

of this Act for the location of a test and evaluation facility or repository,

all sites identified under this subsection shall be more than 15 statute

miles from towns having a population of greater than 1000 persons as

determined by the most recent census unless such sites contain high-level

radioactive waste prior to identification under this title. Each

identification of a site shall be supported by an environmental
464 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

assessment, which shall include a detailed statement of the basis for such

identification and of the probable impacts of the siting research activities

planned for such site, and a discussible impact of the siting research

activities planned for such site, and a discussion of alternative activities

relating to siting research that may be undertaken to avoid such impacts.

Such environmental assessment shall include-

(A) an evaluation by the Secretary as to whether such site is

suitable for siting research under the guidelines established under

subsection (a);

(B) an evaluation by the Secretary of the effects of the siting

research activities at such site on the public health and safety and

the environment;

(C) a reasonable comparative evaluation by the Secretary of

such site with other sites and locations that have been considered;

(D) a description of the decision process by which such site

was recommended; and

(E) an assessment of the regional and local impacts of locating

the proposed test and evaluation facility at such site.

(2) When the Secretary identifies a site, the Secretary shall as

soon as possible notify the Governor of the State in which such site is

located, or the governing body of the affected Indian tribe where such

site is located, of such identification and the basis of such

identification. Additional sites for the location of the test and

evaluation facility authorized in section 302(d) may be identified after

such I year period, following the same procedure as if such sites had

been identified within such period. 7

Sec. 214. Siting Research And Related Activities

(a) IN GENERAL-Not later than 30 months after the date on which

the Secretary completes the identification of sites under section 213, the

Secretary is authorized to complete sufficient evaluation of 3 sites to

select a site for expanded siting research activities and for other activities

under section 218. The Secretary is authorized to conduct such

preconstruction activities relative to such site selection for the test and

evaluation facility as he deems appropriate. Additional sites for the

location of the test and evaluation facility authorized in section 302(d)

may be evaluated after such 30-month period, following the same

procedures as if such sites were to be evaluated within such period.

(b) Public Meetings And Environmental Assessment-Not later than 6

months after the date on which the Secretary completes the identification

of sites under section 213, and before beginning siting research activities,

the Secretary shall hold at least I public meeting in the vicinity of each

site to inform the residents of the area of the activities to be conducted at

such site and to receive their views.

(c) Restrictions-Except as provided in section 218 with respect to a

test and evaluation facility, in conducting siting research activities

pursuant to subsection (a)-

(1) the Secretary shall use the minimum quantity of high-level

radioactive waste or other radioactive materials, if any, necessary to

achieve the test or research objectives;

42 USC 10194.

'

7P.L. 102-285, § 10(a), 106 Stat. 171 (1992), renamed the Geological Survey and provided that on and after

May 18, 1992, it shall be known as the United States Geological Survey. An earlier statute, P.L. 102-154,

Title I, 105 Stat. 1000, Nov. 13, 1991, had provided for the identical change of name effective on and after

Nov. 13, 1991.
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 465

42 USC 10195.

Process of

consultation

and

cooperation.

(2) the Secretary shall ensure that any radioactive material used or

placed on a site shall be fully retrievable; and

(3) upon termination of siting research activities at a site for any

reason, the Secretary shall remove any radioactive material at or in

the site as promptly as practicable.

(d) Title To Material-The Secretary may take title, in the name of the

Federal Government, to the high-level radioactive waste spent nuclear

fuel, or other radioactive material emplaced in a test and evaluation

facility. If the Secretary takes title to any such material, the Secretary

shall enter into the appropriate financial arrangements described in

subsection (a) or (b) of section 302 for the disposal of such material.

Sec. 215. Test And Evaluation Facility Siting Review And Reports

(a) CONSULTATION AND COOPERATION-The Governor of a

State, or the governing body of an affected Indian tribe, notified of a site

identification under section 213 shall have the right to participate in a

process of consultation and cooperation as soon as the site involved has

been identified pursuant to such section and throughout the life of the test

and evaluation facility. For purposes of this section, the term "process of

consultation and cooperation" means a methodology-

(I) by which the Secretary-

(A) keeps the Governor or governing body involved fully and

currently informed about any potential economic or public health

and safety impacts in all stages of the siting, development,

construction, and operation of a test and evaluation facility;

(B) solicits, receives, and evaluates concerns and objections of

such Governor or governing body with regard to such test and

evaluation facility on an ongoing basis; and

(C) works diligently and cooperatively to resolve such

concerns and objections; and

(2) by which the State or affected Indian tribe involved can

exercise reasonable independent monitoring and testing of onsite

activities related to all stages of the siting, development, construction

and operation of the test and evaluation facility, except that any such

monitoring and testing shall not unreasonably interfere with onsite

activities.

(b) WRITTEN AGREEMENTS-The Secretary shall enter into

written agreements with the Governor of the State in which an identified

site is located or with the governing body of any affected Indian tribe

where an identified site is located in order to expedite the consultation

and cooperation process. Any such written agreement shall specify-

(1) procedures by which such Governor or governing body may

study, determine, comment on, and make recommendations with

regard to the possible health, safety, and economic impacts of the test

and evaluation facility;

(2) procedures by which the Secretary shall consider and respond

to comments and recommendations made by such Governor or

governing body, including the period in which the Secretary shall so

respond;

(3) the documents the Department is to submit to such Governor

or governing body, the timing for such submissions, the timing for

such Governor or governing body to identify public health and safety concerns and the process to be followed to try to eliminate those

concerns;

(4) procedures by which the Secretary and either such Governor

or governing body may review or modify the agreement periodically;

and
466 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(5) procedures for public notification of the procedures specified

under subparagraphs (A) through (D).

(c) LIMITATION-Except as specifically provided in this section,

nothing in this title is intended to grant any State or affected Indian tribe

any authority with respect to the siting, development, or loading of the

test and evaluation facility.

42 USC 10196. Sec. 216. Federal Agency Actions

(a) COOPERATION AND COORDINATION-Federal agencies shall

assist the Secretary by cooperating and coordinating with the Secretary in

the preparation of any necessary reports under this title and the mission

plan under section 301.

(b) ENVIRONMENTAL REVIEW-(I) No action of the Secretary or any other Federal agency required by this title or section 301 with respect

to a test and evaluation facility to be taken prior to the initiation of onsite

construction of a test and evaluation facility shall require the preparation

of an environmental impact statement under section 102(2)(C) of the

Environmental Policy Act of 1969 (42 USC 4332(2)(C)), or to require

the preparation of environmental reports, except as otherwise specifically

provided for in this title.

(2) The Secretary and the heads of all other Federal agencies

shall, to the maximum extent possible, avoid duplication of efforts in

the preparation of reports under the National Environmental Policy

Act of 1969 (42 USC 4321 et seq.).

42 USC 10197. See. 217. Research And Development On Disposal Of High-Level

Radioactive Waste

(a) PURPOSE-Not later than 64 months after the date of the

enactment of this Act, the Secretary is authorized to, to the extent

practicable, begin at a site evaluated under section 214, as part of and as

an extension of siting research activities of such site under such section,

the mining and construction of a test and evaluation facility. Prior to the

mining and construction of such facility, the Secretary shall prepare an

environmental assessment, the purpose of such facility shall beEnvironmental (1) to supplement and focus the repository site characterization

assessment, process;

(2) to provide the conditions under which known technological

components can be integrated to demonstrate a functioning

repository-like system;

. (3) to provide a means of identifying, evaluating, and resolving

potential repository licensing issues that could not be resolved during

the siting research program conducted under section 212;

(4) to validate, under actual conditions, the scientific models used

in the design of a repository;

(5) to refine the design and engineering of repository components

and systems and to confirm the predicted behavior of such

components and systems;

(6) to supplement the siting data, the generic and specific

geological characteristics developed under section 214 relating to

isolating disposal materials in the physical environment of a

repository;

(7) to evaluate the design concepts for packaging, handling, and

emplacement of high-level radioactive waste and spent nuclear fuel at

the design rate; and

(8) to establish operating capability without exposing workers to

excessive radiation.

(b) DESIGN-The Secretary shall design each test and evaluation

facility-
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 467

Nula atePlc c of 192(..97456

(1) to be capable of receiving not more than 100 full-sized

canisters of solidified high-level radioactive waste (which canisters

shall not exceed an aggregate weight of 100 metric tons), except that

spent nuclear fuel may be used instead of such waste if such waste

cannot be obtained under reasonable conditions;

(2) to permit full retrieval of solidified high-level radioactive

waste, or other radioactive material used by the Secretary for testing,

upon completion of the technology demonstration activities; and

(3) based upon the principle that the high-level radioactive waste,

spent nuclear fuel, or other radioactive material involved shall be

isolated from the biosphere in such a way that the initial isolation is

provided by engineered barriers functioning as a system with the

geologic environment.

Testing. (c) OPERATION-(I) Not later than 88 months after the date of the

enactment of this Act, the Secretary shall begin an in situ testing program

at the test and evaluation facility in accordance with the mission plan

developed under section 30.1, for purposes of-

(A) conducting in situ tests of bore hole sealing, geologic

media fracture sealing, and room closure to establish the

techniques and performance for isolation of high-level radioactive

waste, spent nuclear fuel, or other radioactive materials from the

biosphere;

(B) conducting in situ tests with radioactive sources and

materials to evaluate and improve reliable models for radionuclide

mitigation, absorption, and containment within the engineered

barriers and geologic media involved, if the Secretary finds there

is reasonable assurance that such radioactive sources and

materials will not threaten the use of such site as a repository;

(C) conducting in situ tests to evaluate and improve models

for ground water or brine flow through fractured geologic media;

(D) conducting in situ tests under conditions representing the

real time and the accelerated time behavior of the engineered

barriers within the geologic environment involved;

(E) conducting in situ tests to evaluate the effects of heat and

pressure on the geologic media involved on the hydrology of the

surrounding area and on the integrity of the disposal packages;

(F) conducting in situ tests under both normal and abnormal

repository conditions to establish safe design limits for disposal

packages and to determine the effects of the gross release of

radionuclides into surroundings, and the effects of various

credible failure modes, including-

(i) seismic events leading to the coupling of aquifers

through the test and evaluation facility;

(ii) thermal pulses significantly greater than the maximum

calculated; and

(iii) human intrusion creating a direct pathway to the

biosphere; and

(G) conducting such other research and development activities as the Secretary considers appropriate, including such activities

necessary, to obtain the use of high-level radioactive waste, spent nuclear fuel, or other radioactive materials (such as any highly

radioactive material from the Three Mile Island nuclear power

plant or from the West Valley Demonstration Project) for test and

evaluation purposes, if such other activities are reasonably

necessary to support the repository program and if there is
468 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

reasonable assurance that the radioactive sources involved will

not threaten the use of such site as a repository.

(2) The in situ testing authorized in this subsection shall be

designed to ensure that the suitability of the site involved for

licensing by the Commission as a repository will not be adversely

affected.

(d) USE OF EXISTING DEPARTMENT FACILITIES-During the

conducting of siting research activities under section 214 and for such

period thereafter as the Secretary considers appropriate, the Secretary

shall use Department facilities owned by the Federal Government on the

date of the enactment of this Act for the conducting of generically

applicable test regarding packaging, handling, and emplacement

technology for solidified high-level radioactive waste and spent nuclear

fuel from civilian nuclear activities.

(e) ENGINEERED BARRIERS-The system of engineered barriers

and selected geology used in a test and evaluation facility shall have a design life at least as long as that which the Commission requires by

regulations issued under this Act, or under the Atomic Energy Act of

1954 (42 USC 2011 et seq.), for repositories.

(f) ROLE OF COMMISSION-(I)(A) Not later than 1 year after the

date of the enactment of this Act, the Secretary and the Commission shall

reach a written understanding establishing the procedures for review,

consultation, and coordination in the planning, construction, and

operation of the test and evaluation facility under this section. Such

understanding shall establish a schedule, consistent with the deadlines set

forth in this subtitle, for submission by the Secretary of, and review by

the Commission of and necessary action on-

(i) the mission plan prepared under section 301; and

(ii) such reports and other information as the Commission

may reasonably require to evaluate any health and safety

impacts of the test and evaluation facility.

(B) Such understanding shall also establish the conditions

under which the Commission may have access to the test and

evaluation facility for the purpose of assessing any public health

and safety concerns that it may have. No shafts may be excavated

for the test and evaluation until the Secretary and the Commission

enter into such understanding.

(2) Subject to section 305, the test and evaluation facility, and the

facilities authorized in section 217, shall be constructed and operated

as research, development, and demonstration facilities, and shall not

be subject to licensing under section 202 of the Energy

Reorganization Act of 1974 (42 USC 5842).

(3)(A) The Commission shall carry out a continuing analysis of

the activities undertaken under this section to evaluate the adequacy

of the consideration of public health and safety issues.

(B) The Commission shall report to the President, the

Secretary, and the Congress as the Commission considers

appropriate with respect to the conduct of activities under this

section.

(g) ENVIRONMENTAL REVIEW-The Secretary shall prepare an

environmental impact statement under section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 USC 4332)(2)(C) prior to

conducting tests with radioactive materials at the test and evaluation

facility. Such environmental impact statement shall incorporate, to the

extent practicable, the environmental assessment prepared under section

217(a). Nothing in this subsection may be construed to limit siting
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 469

Terminations.

42 USC 10198.

research activities conducted under section 214. This subsection shall

apply only to activities performed exclusively for a test and evaluation

facility.

(h) LIMITATIONS-(l) If the test and evaluation facility is not

located at the site of a repository, the Secretary shall obtain the concurrence of the Commission with respect to the decontamination and

decommissioning of such facility.

(2) If the test and evaluation facility is not located at a candidate

site or repository site, the Secretary shall conduct only the portion of

the in situ testing program required in subsection (c) determined by

the Secretary to be useful in carrying out the purposes of this act.

(3) The operation of the test and evaluation facility shall terminate

not later than-

(A) 5 years after the date on which the initial repository begins

operation; or

(B) at such time as the Secretary determines that the continued

operation of a test and evaluation facility is not necessary for

research, development, and demonstration purposes;

whichever occurs sooner.

(4) Notwithstanding any other provisions of this subsection, as

soon as practicable following any determination by the Secretary,

with the concurrence of the Commission, that the test and evaluation

facility is unsuitable for continued operation, the Secretary shall take

such actions as are necessary to remove from such site any

radioactive material placed on such site as a result of testing and

evaluation activities conducted under this section. Such requirement

may be waived if the Secretary, with the concurrence of the

Commission, finds that short-term testing and evaluation activities

using radioactive material will not endanger the public health and

safety.

Sec. 218. Research And Development On Spent Nuclear Fuel

(a) DEMONSTRATION AND COOPERATIVE PROGRAMS-The

Secretary shall establish a demonstration program, in cooperation with

the private sector, for the dry storage of spent nuclear fuel at civilian

nuclear power reactor sites, with the objective of establishing one or

more technologies that the Commission may, by rule, approve for use at

the sites of civilian nuclear power reactors without, to the maximum

extent practicable, the need for additional site-specific approvals by the

Commission. Not later than I year after the date of the enactment of this

Act, the Secretary shall select at least I, but not more than 3, sites

evaluated under section 214 at such power reactors. In selecting such site or sites, the Secretary shall give preference to civilian nuclear power

reactors that will soon have a shortage of interim storage capacity for

spent nuclear fuel. Subject to reaching agreement as provided in

subsection (b), the Secretary shall undertake activities to assist such

power reactors with demonstration projects at such sites, which may use one of the following types of alternate storage technologies; spent

nuclear fuel storage casks, caissons, or silos. The Secretary shall also

undertake a cooperative program with civilian nuclear power reactors to

encourage the development of the technology for spent nuclear fuel rod

consolidation in existing power reactor water storage basins.

(b) COOPERATIVE AGREEMENTS-To carry out the programs

described in subsection (a), the Secretary shall enter into a cooperative

agreement with each utility involved that specifies, at a minimum, that-

(I) such utility shall select the alternate storage technique to be

used, make the land and spent nuclear fuel available for the dry
470 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

storage demonstration, submit and provide site-specific

documentation for a license application to the Commission, obtain a

license relating to the facility involved, construct such facility,

operate such facility after licensing, pay the costs required to

construct such facility, and pay all costs associated With the operation

and maintenance of such facility;

(2) the Secretary shall provide, on a cost-sharing basis,

consultative and technical assistance, including design support and

generic licensing documentation, to assist such utility in obtaining the

construction authorization and appropriate license from the

Commission; and

(3) the Secretary shall provide generic research and development

of alternative spent nuclear fuel storage techniques to enhance utilityprovided, at-reactor storage capabilities, if authorized in any other

provision of this act or in any other provision of law.

(c) DRY STORAGE RESEARCH AND DEVELOPMENT-(I) The

consultative and technical assistance referred to in subsection (b)(2) may

include, but shall not be limited to, the establishment of a research and

development program for the dry storage of not more than 300 metric

tons of spent nuclear fuel at facilities owned by the Federal Government

on the date of the enactment of this Act. The purpose of such program

shall be to collect necessary data to assist the utilities involved in the

licensing process.

(2) To the extent available, and consistent with the provisions of

section 135, the Secretary shall provide spent nuclear fuel for the

research and development program authorized in this subsection from

spent nuclear fuel received by the Secretary for storage under section

135. Such spent nuclear fuel shall not be subject to the provisions of

section 135(e).

(d) FUNDING-The total contribution from the Secretary from

Federal funds and the use of Federal facilities or services shall not exceed

25 percent of the total costs of the demonstration program authorized in

subsection (a), as estimated by the Secretary. All remaining costs of such

program shall be paid by the utilities involved or shall be provided by the

Secretary from the Interim Storage Fund established in section 136.

(e) RELATION TO SPENT NUCLEAR FUEL STORAGE

PROGRAM-The spent nuclear fuel storage program authorized in

section 135 shall not be construed to authorize the use of research

development or demonstration facilities owned by the Department

unlessReport to (I) a period of 30 calendar days (not including any day in which

congressional either House of Congress is not in session because of adjournment of

committees, more than 3 calendar days to a day certain) has passed after the

Secretary has transmitted to the Committee on Science, Space, and

Technology"8 of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate a written report

containing a full and complete statement concerning (A) the facility

involved; (B) any necessary modifications; (C) the cost thereof; and

(D) the impact on the authorized research and development program;

or

'P. L. 103-437, § 15(c I 0), substituted "Committee on Science, Space, and Technology" for "Committee on Science and Technology."
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 471

42 USC 10199.

42 USC 10200.

Report to

Congress.

42 USC 10201.

42 USC 10202.

42 Usc 10203.

(2) each such committee, before the expiration of such period, has

transmitted to the Secretary a written notice to the effect that such

committee has no objection to the proposed use of such facility.

Sec. 219. Payments To States And Indian Tribes

(a) PAYMENTS-Subject to subsection (b), the Secretary shall make

payments to each State or affected Indian tribe that has entered into an

agreement pursuant to section 215. The Secretary shall pay an amount

equal to 100 percent of the expenses incurred by such State or Indian

tribe in engaging in any monitoring, testing, evaluation, or other

consultation and cooperation activity under section 215 with respect to

any site. The amount paid by the Secretary under this paragraph shall not

exceed $3,000,000 per year from the date on which the site involved was

identified to the date on which the decontamination and decommission of

the facility is complete pursuant to section 217(h). Any such payment

may only be made to a State in which a potential site for a test and

evaluation facility has been identified under section 213, or to an affected

Indian tribe where the potential site has been identified under such

section.

(b) LIMITATION-The Secretary shall make any payment to a State

under subsection (a) only if such State agrees to provide, to each unit of

general local government within the jurisdictional boundaries of which

the potential site or effectively selected site involved is located, at least

one-tenth of the payments made by the Secretary to such State under

such subsection. A State or affected Indian tribe receiving any payment

under subsection (a) shall otherwise have discretion to use such payment

for whatever purpose it deems necessary, including the State or tribal

activities pursuant to agreements entered into in accordance with section

215. Annual payments shall be prorated on a 365-day basis to the

specified dates.

See. 220. Study Of Research And Development Needs For

Monitored Retrievable Storage Proposal

Not later than 6 months after the date of the enactment of this Act, the

Secretary shall submit to the Congress a report describing the research

and development activities the Secretary considers necessary to develop

the proposal required in section 141(b) with respect to a monitored

retrievable storage facility.

Sec. 221. Judicial Review

Judicial review of research and development activities under this shall

be in accordance with the provisions of section 119.

Sec. 222. Research On Alternatives For The Permanent Disposal Of

High-Level Radioactive Waste

Research on Alternatives for the Permanent Disposal of High-Level

Radioactive Waste-The Secretary shall continue and accelerate a

program of research, development, and investigation of alternative means

and technologies for the permanent disposal of high-level radioactive

waste from civilian nuclear activities and Federal research and

development activities except that funding shall be made from amounts

appropriated to the Secretary for purposes of carrying out this section.

Such program shall include examinations of various waste disposal

options.

Sec. 223. Technical Assistance To Non-Nuclear Weapon States In

The Field Of Spent Fuel Storage And Disposal

(a) It shall be the policy of the United States to cooperate with and

provide technical assistance to non-nuclear weapon states in the field of

spent fuel storage and disposal.
472 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

Joint notice. (b)(l) Within 90 days of enactment of this Act, the Secretary and the

publication in Commission shall publish a joint notice in the Federal Register stating

Federal that the United States is prepared to cooperate with and provide technical

Register. assistance to non-nuclear weapon states in the fields of at-reactor spent

fuel storage; away-from-reactor spent fuel storage; monitored, retrievable

spent fuel storage; geologic disposal of spent fuel; and the health, safety,

and environmental regulation of such activities. The notice shall

summarize the resources that can be made available for international

cooperation and assistance in these fields through existing programs of

the Department and the Commission, including the availability of: (i)

data from past or ongoing research and development projects; (ii)

consultations with expert Department or Commission personnel or

contractors; and (iii) liaison with private business entities and

organizations working in these fields.

Joint notice. (2) The joint notice described in the preceding subparagraph shall

reissuance. be updated and reissued annually for 5 succeeding years.

(c) Following publication of the annual joint notice referred to in

paragraph (2), the Secretary of State shall inform the governments of

non-nuclear weapon states and, as feasible, the organizations operating

nuclear power plants in such states, that the United States is prepared to

Expressions of cooperate with and provide technical assistance to non-nuclear weapon

interest, states in the fields of spent fuel storage and disposal, as set forth in the

joint notice. The Secretary of State shall also solicit expressions of

interest from non-nuclear weapon state governments and non-nuclear

weapon state nuclear power reactor operators concerning their

participation in expanded United States cooperation and technical

assistance programs in these fields. The Secretary of State shall transmit

any such expressions of interest to the Department and the Commission.

(d) With his budget presentation materials for the Department and the

Commission for fiscal years 1984 through 1989, the President shall

include funding requests for an expanded program of cooperation and

technical assistance with non-nuclear weapon states in the fields of spent

fuel storage and disposal as appropriate in light of expressions of interest

in such cooperation and assistance on the part of non-nuclear weapon

state governments and non-nuclear weapon .state nuclear power reactor

operators.

Non-nuclear (e) For the purposes of this subsection, the term "non-nuclear weapon

weapon state, state" shall have the same meaning as that set forth in article IX of the

Treaty on the Non-Proliferation of Nuclear Weapons (21 USC 438).

(1) Nothing in this subsection shall authorize the Department of

Commission to take any action not authorized under existing law.

42 USC 10204. See. 224. Subseabed Disposal

Reports. (a) REPEALED. Public Law 104-66, title I, section 1051(d),

December 21, 1995, 109 Stat. 716.

(b) OFFICE OF SUBSEABED DISPOSAL RESEARCH-

(I) There is hereby established an Office of Subseabed Disposal

Research within the Office of Science of the Department of Energy.

The Office shall be headed by the Director, who shall be a member of

the Senior Executive Service appointed by the Director of the Office

of Science, and compensated at a rate determined by applicable law.

(2) The Director of the Office of Subseabed Disposal Research

shall be responsible for carrying out research, development, and

demonstration activities on all aspects of subseabed disposal of highlevel radioactive waste and spent nuclear fuel, subject to the general

supervision of the Secretary. The Director of the Office shall be

directly responsible to the Director of the Office of Science, and the
Nuclear Waste Policv Act of 1982 (P.L. 97-425) 473

first such Director shall be appointed within 30 days of December 22,

1987.

(3) In carrying out his responsibilities under this chapter, the

Secretary may make grants to, or enter into contracts with, the

Subseabed Consortium described in subsection (d) of this section,

and other persons.

(4)(A) Within 60 days of December 22, 1987, the Secretary shall

establish a university-based Subseabed Consortium involving

leading oceanographic universities and institutions, national

laboratories, and other organizations to investigate the technical

and institutional feasibility of subseabeded disposal.

(B) The Subseabeded Consortium shall develop a research

plan and budget to achieve the following objectives by 1995:

(i) demonstrate the capacity to identify and characterize

potential subseabeded disposal sites;

(ii) develop conceptual designs for a Subseabeded disposal

system, including estimated costs and institutional

requirements; and

(iii) identify and assess the potential impacts of

Subseabeded disposal on the human and marine environment.

(C) In 1990, and again in 1995, the Subseabeded Consortium

shall report to Congress on the progress being made in achieving

the objectives of paragraph (2).

(5) REPEALED. Public Law 104-66, title I, section 1051(d), 109

Stat. 716, December 21, 1995.'9

Title IH-Other Provisions Relating To Radioactive Waste

Sec. 301. Mission Plan

(a) CONTENTS OF MISSION PLAN-The Secretary shall prepare a

comprehensive report, to be known as the mission plan, which shall

provide an informational basis sufficient to permit informed decisions to

be made in carrying out the repository program and the research,

development, and demonstration programs required under this Act. The

mission plan shall include-

(I) an identification of the primary scientific, engineering, and

technical information, including any necessary demonstration of

engineering or systems integration, with respect to the siting and

construction of a test and evaluation facility and repositories;

(2) an identification of any information described in paragraph (1)

that is not available because of any unresolved scientific, engineering,

or technical questions, or undemonstrated engineering or systems

integration, a schedule including specific major milestones for the

research, development, and technology demonstration program

required under this Act and any additional activities to be undertaken

to provide such information, a schedule for the activities necessary to

achieve important programmatic milestones, and an estimate of the

costs required to carry out such research, development and

demonstration programs;

42 USC 10221.

'

9

P.L. 97-425, Title II, section 224, as added Public Law 100-202, section 101(d), Title IHI, 101 Stat. 1329-

104, 1329-12 (1987), P.L. 100-203, Title V, section 5063, 101 Stat. 1330-253 (1987); as amended

P.L. 104-66, Title I, section 1051(d), 109 Stat. 716 (1995); P.L. 10-245, Title III, section 309(b)(2)(E),

112 Stat. 1853 (1998).
474 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(3) an evaluation of financial, political, legal, or institutional

problems that may impede the implementation of this Act, the plans

of the Secretary to resolve such problems, and recommendations for

any necessary legislation to resolve such problems;

(4) any comments of the Secretary with respect to the purpose and

program of the test and evaluation facility;

(5) a discussion of the significant results of research and

development programs conducted and the implications for each of the

different geologic media under consideration for the siting of

repositories, and, on the basis of such information, a comparison of

the advantages and disadvantages associated with the use of such

media for repository sites;

(6) the guidelines issued under section 112(a);

(7) a description of known sites at which site characterization

activities should be undertaken, a description of such siting

characterization activities, including the extent of planned

excavations, plans for onsite testing with radioactive or

nonradioactive material, plans for any investigations activities which

may affect the capability of any such site to isolate high-level

radioactive waste or spent nuclear fuel, plans to control any adverse,

safety-related impacts from such site characterization activities, and

plans for the decontamination and decommissioning of such site if it

is determined unsuitable for licensing as a repository;

(8) an identification of the process for solidifying high-level

radioactive waste or packaging spent nuclear fuel, including a

summary and analysis of the data to support the selection of the

solidification process and packaging techniques, an analysis of the

requirements for the number of solidification packaging facilities

needed, a description of the state of the art for the materials proposed

to be used in packaging such waste or spent fuel and the availability

of such materials including impacts on strategic supplies and any

requirements for new or reactivated facilities to produce any such

materials needed, and a description of a plan, and the schedule for

implementing such plan, for an aggressive research and development

program to provide when needed a high-integrity disposal package at

a reasonable price;

(9) an estimate of (A) the total repository capacity required to

safely accommodate the disposal of all high-level radioactive waste

and spent nuclear fuel expected to be generated through December

31, 2020, in the event that no commercial reprocessing of spent

nuclear fuel occurs, as well as the repository capacity that will be

required if such reprocessing does occur; (B) the number and type of

repositories required to be constructed to provide such disposal

capacity; (C) a schedule for the construction of such repositories; and

(D) an estimate of the period during which each repository listed in

such schedule will be accepting high-level radioactive waste or spent

nuclear fuel for disposal;

(10) an estimate, on an annual basis, of the costs required (A) to

construct and operate the repositories anticipated to be needed under

paragraph (9) based on each of the assumptions referred to in such

paragraph; (B) to construct and operate a test and evaluation facility,

or any other facilities, other than repositories described in

subparagraph (A), determined to be necessary; and (C) to carry out

any other activities under this Act; and
Nuclear Waste Policy Act of 1982 L. 97-425) 475

Public

inspection and

agency

comments.

Publication in

Federal

Register.

Plan submittal

to

congressional

committees.

42 USC 10222.

Fees.

Fees.

(11) an identification of the possible adverse economic and other

impacts to the State or Indian tribe involved that may arise from the

development of a test and evaluation facility or repository at a site.

(b) Submission Of Mission Plan.-(l) Not later than 15 months after

the date of the enactment of this Act, the Secretary shall submit a draft

mission plan to the States, the affected Indian tribes,.the Commission,

and other Government agencies as the Secretary deems appropriate for

their comments.

(2) In preparing any comments on the mission plan, such agencies

shall specify with precision any objections that they may have. Upon

submission of the mission plan to such agencies, the Secretary shall

publish a notice in the Federal Register of the submission of the

mission plan and of its availability for public inspection, and, upon

receipt of any comments of such agencies respecting the mission

plan, the Secretary shall publish a notice in the Federal Register of the

receipt of comments and of the availability of the comments for

public inspection. If the Secretary does not revise the mission plan to

meet objections specified in such comments, the Secretary shall

publish in the Federal Register a detailed statement for not so revising

the mission plan.

(3) The Secretary, after reviewing any other comments made by

such agencies and revising the mission plan to the extent that the

Secretary may consider to be appropriate, shall submit the mission

plan to the appropriate committees of the Congress not later than 17

months after the date of the enactment of this Act. The mission plan

shall be used by the Secretary at the end of the first period of 30

calendar days (not including any day on which either House of

Congress is not in session because of adjournment of more than 3

calendar days to a day certain) following receipt of the mission plan

by the Congress.

See. 302. Nuclear Waste Fund

(a) CONTRACTS-(]) In the performance of his functions under this

Act, the Secretary is authorized to enter into contracts with any person

who generates or holds title to high-level radioactive waste, or spent

nuclear fuel, of domestic origin for the acceptance of title, subsequent

transportation, and disposal of such waste or spent fuel. Such

contracts shall provide for payment to the Secretary of fees pursuant

to paragraphs (2) and (3) sufficient to offset expenditures in

subsection (d).

(2) For electricity generated by a civilian nuclear power reactor

and sold on or after the date 90 days after the date of enactment of

this Act, the fee under paragraph (I) shall be equal to 1.0 mil per

kilowatt-hour.

(3) For spent nuclear fuel, or solidified high-level radioactive

waste derived from spent nuclear fuel, which fuel was used to

generate electricity in a civilian nuclear power reactor prior to the

application of the fee under paragraph (2) to such reactor, the

Secretary shall, not later than 90 days after the date of enactment of

this Act, establish a I time fee per kilogram of heavy metal in spent

nuclear fuel, or in solidified high-level radioactive waste. Such fee

shall be in amount equivalent to an average charge of 1.0 mil per

kilowatt-hour for electricity generated by such spent nuclear fuel, or such solidified high-level waste derived therefrom, to be collected

from any person delivering such spent nuclear fuel or high-level

waste, pursuant to section 123, to the Federal Government. Such fee

shall be paid to the Treasury of the United States and shall be
Collection and

payment

procedures.

Review.

42 USC 642 1.

Transmittal to

Congress.

Disposal

services, terms

and conditions.

License

renewal or

issuance.

476 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

deposited in the separate fund established by subsection (c)126(b). In

paying such a fee, the person delivering spent fuel, or solidified highlevel radioactive wastes derived therefrom, to the Federal

Government shall have no further financial obligation to the Federal

Government for the long-term storage and permanent disposal of such

spent fuel, or the solidified high-level radioactive waste derived

therefrom.

(4) Not later than 180 days after the date of enactment of this

Act, the Secretary shall establish procedures for the collection and

payment of the fees established by paragraph (2) and paragraph (3).

The Secretary shall annually review the amount of the fees

established by paragraphs (2) and (3) above to evaluate whether

collection of the fee will provide sufficient revenues to offset the

costs as defined in subsection (d) herein. In the event the Secretary

determines that either insufficient or excess revenues are being

collected, in order to recover the costs incurred by the Federal

Government that are specified in subsection (d), the Secretary shall

propose an adjustment to the fee to insure full cost recovery. The

Secretary shall immediately transmit this proposal for such an

adjustment to Congress. The adjusted fee proposed by the Secretary

shall be effective after a period of 90 days of continuous session have

elapsed following the receipt of such transmittal unless during such

90-day period either House of Congress adopts a resolution

disapproving the Secretary's proposed adjustment in accordance with

the procedures set forth for congressional review of an energy action

under section 551 of the Energy Policy and Conservation Act.

(5) Contracts entered into under this section shall provide that-

(A) following commencement of operation of a repository, the

Secretary shall take title to the high-level radioactive waste or

spent nuclear fuel involved as expeditiously as practicable upon

the request of the generator or owner of such waste or spent fuel;

and

(B) in return for the payment of fees established by this

section, the Secretary, beginning not later than January 31, 1998,

will dispose of the high-level radioactive waste or spent nuclear

fuel involved as provided in this subtitle.

(6) The Secretary shall establish in writing criteria setting forth

the terms and conditions under which such disposal services shall be

made available.

(b) ADVANCE CONTRACTING REQUIREMENT-

(]) (A) The Commission shall not issue or renew a license to any

person to use a utilization or production facility under the

authority of section 103 or 104 of the Atomic Energy Act of 1954

(42 USC 2133, 2134) unless-

(i) such person has entered into a contract with the

Secretary under this section; or

(ii) the Secretary affirms in writing that such person is

actively and in good faith negotiating with the Secretary for a

contract under this section.

(B) The Commission, as it deems necessary or appropriate,

may require as a precondition to the issuance or renewal of a

license under section 103 or 104 of the Atomic Energy Act of

1954 (42 USC 2133, 2134) that the applicant for such license

shall have entered into an agreement with the Secretary for the

disposal of high-level radioactive waste and spent nuclear fuel

that may result from the use of such license.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 477

(2) Except as provided in paragraph (1), no spent nuclear fuel or

high-level radioactive waste generated or owned by any person (other

than a department of the United States referred to in section 101 or

102 of title 5, United States Code) may be disposed of by the

Secretary in any repository constructed under this Act unless the

generator or owner of such spent fuel or waste has entered into a

contract with the Secretary under this section by not later than-

(A) June 30, 1983; or

(B) the date on which such generator or owner commences

generation of, or takes title to, such spent fuel or waste; whichever

occurs later.

(3) The rights and duties of a party to a contract entered into under

this section may be assignable with transfer of title to the spent

nuclear fuel or high-level radioactive waste involved.

Disposal of (4) No high-level radioactive waste or spent nuclear fuel

radioactive generated or owned by any department of the United States referred

waste or spent to in section 101 or 102 of title 5, United States Code, may be

nuclear fuel. disposed of by the Secretary in any repository constructed under this

Act unless such department transfers to the Secretary, for deposit in

the Nuclear Waste Fund, amounts equivalent to the fees that would be

paid to the Secretary under the contracts referred to in this section if

such waste or spent fuel were generated by any other person.

(c) ESTABLISHMENT OF NUCLEAR WASTE FUND-There

hereby is established in the Treasury of the United States a separate fund,

to be known as the Nuclear Waste Fund. The Waste Fund shall consist

of-

(I) all receipts, proceeds, and recoveries realized by the Secretary

under subsections (a), (b), and (e), which shall be deposited in the

Waste Fund immediately upon their realization;

(2) any appropriations made by the .Congress to the Waste Fund;

and

(3) any unexpended balances available on the date of the

enactment of this Act for functions or activities necessary or incident

to the disposal of civilian high-level radioactive waste or civilian

spent nuclear fuel, which shall automatically be transferred to the

Waste Fund on such date.

(d) USE OF WASTE FUND-The Secretary may make expenditures

from the Waste Fund, subject to subsection (e), only for purposes of

radioactive waste disposal activities under Titles I and II, including-

(I) the identification, development, licensing, construction,

operation, decommissioning, and post-decommissioning maintenance

and monitoring of any repository, monitored retrievable storage

facility or test evaluation facility constructed under this Act;

(2) the conducting of nongeneric research, development, and

demonstration activities under this Act;

(3) the administrative cost of the radioactive waste disposal

program;

(4) any costs that may be incurred by the Secretary in connection

with the transportation, treating, or packaging of spent nuclear fuel or

high-level radioactive waste to be disposed of in a repository, to be

stored in a monitored, retrievable storage site or to be used in a test

and evaluation facility;

(5) the costs associated with acquisition, design, modification,

replacement, operation and construction of facilities at a repository

site, a monitored, retrievable storage site or a test and evaluation
478 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

facility site and necessary or incident to such repository, monitored,

retrievable storage facility or test and evaluation facility; and

(6) the provision of assistance to States, units of general local

government, and Indian tribes under section 116, 118 and 219.

No amount may be expended by the Secretary under this subtitle for

the construction or expansion of any facility unless such construction or

expansion is expressly authorized by this or subsequent legislation. The

Secretary hereby is authorized to construct one repository and one test

and evaluation facility.

Report to (e) ADMINISTRATION OF WASTE FUND(I) The Secretary of

Congress. the Treasury shall hold the Waste Fund and, after consultation with the

Secretary, annually report to the Congress on the financial condition and

operations of the Waste Fund during the preceding fiscal year.

Budget (2) The Secretary shall submit the budget of the Waste Fund to

submittal. the Office of Management and Budget triennially along with the

budget of the Department of Energy submitted at such time in

accordance with chapter 11 of title 3 1, United States Code. The budget

of the Waste Fund shall consist of the estimates made by the

Secretary of expenditures from the Waste*Fund and other relevant

financial matters for the succeeding 3 fiscal years, and shall be

included in the Budget of the United States Government. The

Secretary may make expenditures from the Waste Fund, subject to

appropriations which shall remain. available until expended.

Appropriations shall be subject to triennial authorization.

(3) If the Secretary determines that the Waste Fund contains at

any time amounts in excess of current needs, the Secretary may

request the Secretary of the Treasury to invest such amounts, or any

portion of such amounts as the Secretary determines to be

appropriate, in obligations of the United States-

(A) having maturities determined by the Secretary of the

Treasury to be appropriate to the needs of the Waste Fund; and

(B) bearing interest at rates determined to be appropriate by

the Secretary of the Treasury, taking into consideration the current

average market yield on outstanding marketable obligations of the

United States with remaining periods to maturity comparable to

the maturities of such investments, except that the interest rate on

such investments shall not exceed the average interest rate

applicable to existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary

under this section, and expenditures of amounts from the Waste Fund,

shall be exempt from annual apportionment under the provisions of

subchapter 11 of chapter 15 of title 31, United States Code.

(5) If at any time the moneys available in the Waste Fund are

insufficient to enable the Secretary to discharge his responsibilities

under this subtitle, the Secretary shall issue to the Secretary of the

Treasury obligations in such forms and denominations, bearing such

maturities, and subject to such terms and conditions as may be agreed

to by the Secretary and the Secretary of the Treasury. A total of such

obligations shall not exceed amounts provided in appropriation Acts.

Redemption of such obligations shall be made by the Secretary from

moneys available in the Waste Fund. Such obligations shall bear

interest at a rate determined by the Secretary of the Treasury, which

shall be not less than a rate determined by taking into consideration

the average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding

the issuance of the obligations under this paragraph. The Secretary of
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 479

Interest

payments.

Deferral.

42 USC 10223.

Study.

Report to

Congress.

42 USC 10224.

the Treasury shall purchase any issued obligations, and for such

purpose the Secretary of the Treasury is authorized to use as a public

debt transactions the proceeds from the sale of any securities issued

under chapter 31 of title 31, United States Code, and the purposes for

which securities may be issued under such Act are extended to

include any purchase of such obligations. The Secretary of the

Treasury may at any time sell any of the obligations acquired by him

under this paragraph. All redemptions, purchases, and sales by the

Secretary of the Treasury of obligations under this paragraph shall be

treated as public debt transactions of the United States.

(6) Any appropriations made available to the Waste Fund for any

purpose described in subsection (d) shall be repaid into the general

fund of the Treasury, together with interest from' the date of

availability of the appropriations until the date of repayment. Such

interest shall be paid on the cumulative amount of appropriations

available to the Waste Fund, less the average undisbursed cash

balance in the Waste Fund account during the fiscal year involved.

The rate of such interest shall be determined by the Secretary of

Treasury taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable

obligations of the United States of comparable maturity. Interest

payments may be deferred with the approval of the Secretary of the

Treasury, but any interest payments so deferred shall themselves bear

interest.

Sec. 303. Alternative Means Of Financing

The Secretary shall undertake a study with respect to alternative

approaches to managing the construction and operation of all civilian

radioactive waste management facilities, including the feasibility of

establishing a private corporation for such purposes. In conducting such

study, the Secretary shall consult with the Director of the Office of

Management and Budget, the Chairman of the Commission, and such

other Federal agency representatives as may be appropriate. Such study

shall be completed, and a report containing the results of such study shall

be submitted to the Congress, within I year after the date of the

enactment of this Act.

Sec. 304. Office Of Civilian Radioactive Waste Management

(a) ESTABLISHMENT-There hereby is established within the

Department of Energy an Office of Civilian Radioactive Waste

Management. The Office shall be headed by a Director, who shall be

appointed by the President, by and with the advice and consent of the

Senate, and who shall be compensated at the rate payable for level IV of

the Executive Schedule under section 5315 of title 5, United States Code.

(b) FUNCTIONS OF DIRECTOR-The Director of the Office shall

be responsible for carrying out the functions of the Secretary under this

Act, subject to the general supervision of the Secretary. The Director of

the Office shall be directly responsible to the Secretary.

(c) ANNUAL REPORT TO CONGRESS-The Director of the Office

shall annually prepare and submit to the Congress a comprehensive

report on the activities and expenditures of the Office.

(d) AUDIT BY GAO-If requested by either House of the Congress

(or any committee thereof) or if considered necessary by the Comptroller General, the Government Accountability Office shall conduct an audit of

the Office, in accord with such regulations as the Comptroller General

may prescribe. The Comptroller General shall have access to such

books, records, accounts, and other materials of the Office as the
Report to

Congress.

42 USC 10225.

42 USC 10226.

Regulations or

guidance.

Report to

Congress.

480 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

Comptroller General determines to be necessary for the preparation of

such audit. The

Comptroller General shall submit a report on the results of each audit

conducted under this section.20

Sec. 305. Location Of Test And Evaluation Facility

(a) REPORT TO CONGRESS-Not later than 1 year after the date of

the enactment of this Act, the Secretary shall transmit to the Congress a

report setting forth whether the Secretary plans to locate the test and

evaluation facility at the site of a repository.

(b) PROCEDURES-(]) If the test and evaluation facility is to be

located at any candidate site or repository site (A) site selection and

development of such facility shall be conducted in accordance with the

procedures and requirements established in title I with respect to the site

selection and development of repositories; and (B) the Secretary may not

commence construction of any surface facility for such tests and

evaluation facility prior to issuance by the Commission of a construction

authorization for a repository at the site involved.

(2) No test and evaluation facility may be converted into a

repository unless site selection and development of such facility was

conducted in accordance with the procedures and requirements

established in title I with respect to the site selection and development

of repositories.

(3) The Secretary may not commence construction of a test and

evaluation facility at a candidate site or site recommended as the

location for a repository prior to the date on which the designation of

such site is effective under section 115.

See. 306. Nuclear Regulatory Commission Training Authorization

NUCLEAR REGULATORY COMMISSION TRAINING

AUTHORIZATION-The Nuclear Regulatory Commission is authorized

and directed to promulgate regulations, or other appropriate Commission

regulatory guidance, for the training and qualifications of civilian nuclear

power plant operators, supervisors, technicians and other appropriate

operating personnel. Such regulations or guidance shall establish

simulator training requirements for applicants for civilian nuclear power

plant operator licenses and for operator requalification programs;

requirements governing NRC administration of requalification

examinations; requirements for operating tests at civilian nuclear power

plant simulators, and instructional requirements for civilian nuclear

power plant licensee personnel training programs . Such regulations or

other regulatory guidance shall be promulgated by the Commission

within the 12-month period following enactment of this Act, and the

Commission within the 12-month period following enactment of this Act

shall submit a report to Congress setting forth the actions the

Commission has taken with respect to fulfilling its obligations under this

section.

2

"P.L. 97-425, Title II, section 304, 96 Stat. 2661 (1983); Public Law 104-66, Title 1, Subtitle E, section

1052(I), 109 Stat. 719 (1995); P.L. 108-271, § 8(b), renamed the General Accounting Office and Government

Accountability Office.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 481

42 USC 10241.

42 USC 10242.

President of

U.JS.

42 USC 10243.

Title IV-Nuclear Waste Negotiator

Sec. 401. Definition

For purposes of this title, the term "State" means each of the several

States and the District of Columbia.,

See. 402. The Office Of The Nuclear Waste Negotiator

(a) ESTABLISHMENT-There is established the Office of the

Nuclear Waste Negotiator that shall be an independent establishment in

the executive branch.22

(b) THE NUCLEAR WASTE NEGOTIATOR-

(1) The Office shall be headed by a Nuclear Waste Negotiator

who shall be appointed by the President, by and with the advice and

consent of the Senate. The Negotiator shall hold office at the pleasure

of the President, and shall be compensated at the rate provided for

level Ill of the Executive Schedule in section 5314 of title 5, United

States Code.

(2) The Negotiator shall attempt to find a state or Indian tribe

willing to host a repository or monitored retrievable storage facility at

a technically qualified site on reasonable terms and shall negotiate

with any State or Indian tribe which expresses an interest in hosting a

repository or monitored retrievable storage facility.

Sec. 403. Duties Of The Negotiator

(a) NEGOTIATIONS WITH POTENTIAL HOSTS-

(1) The Negotiator shall-

(A) seek to enter into negotiations on behalf of the United

States, with-

(i) the Governor of any State in which a potential site is

located; and

(ii) the governing body of any Indian tribe on whose

reservation a potential site is located; and

(B) attempt to reach a proposed agreement between the United

States and any such State or Indian tribe specifying the terms and

conditions under which such State or tribe would agree to host a

repository of monitored retrievable storage facility within such

State or reservation.

(2) In any case in which State law authorizes any person or entity

other than the Governor to negotiate a proposed agreement under this

section on behalf of the State, any reference in this title to the

Governor shall be considered to refer instead to such other person or

entity.

(b) CONSULTATION WITH AFFECTED STATES,

SUBDIVISIONS OF STATES, AND TRIBES-In addition to entering into negotiations under subsection (a), the Negotiator shall consult with

any State, affected unit of local government, or any Indian tribe that the

Negotiator determines may be affected by the siting of a repository or

monitored retrievable storage facility and may include in any proposed

agreement such terms and conditions relating to the interest of such

States, affected units of local government, or Indian tribes as the

Negotiator determines to be reasonable and appropriate. .(c) CONSULTATION WITH OTHER FEDERAL AGENCIES-The

Negotiator may solicit and consider the comments of the Secretary, the

2

'Public Law 100-203, section 5041, 101 Stat. 1330 (1987), added Title IV; Public Law 102-486,

102 Stat 2923 (1992). 22

P.L. 100-507, § 1, 102 Stat 2541 (1988), amended section 402(a).
482 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

Nuclear Regulatory Commission, or any other Federal agency on the

suitability of any potential site for site characterization. Nothing in this

subsection shall be construed to require the Secretary, the Nuclear

Regulatory Commission, or any other Federal agency to make a finding

that any such site is suitable for site characterization.

(d) PROPOSED AGREEMENT-(]) The Negotiator shall submit to

the Congress any proposed agreement between the United States and a

State or Indian tribe negotiated under subsection -(a) and an

environmental assessment prepared under section 404(a) for the site

concerned.

(2) Any such proposed agreement shall contain such terms and

conditions (including such financial and institutional arrangements)

as the Negotiator and the host State or Indian tribe determine to be

reasonable and appropriate and shall contain such provisions as are

necessary to preserve any right to participation or compensation of

such State, affected unit of local government, or Indian tribe under

sections 116(c), 117, and 118(b).

(3) (A) No proposed agreement entered into under this section

shall have legal effect unless enacted into Federal law.

(B) A State or Indian tribe shall enter into an agreement under

this section in accordance with the laws of such State or tribe.

Nothing in this section may be construed to prohibit the

disapproval of a proposed agreement between a State and the

United States under this section by a referendum or an act of the

legislature of such State.

(4) Notwithstanding any proposed agreement under this section,

the Secretary may construct a repository or monitored retrievable

storage facility at a site agreed to under this title only if authorized by

the Nuclear Regulatory Commission in accordance with the Atomic

Energy Act of 1954 (42 USC 2012 et seq.), title II of the Energy

Reorganization Act of 1982 (42 USC 5841 et seq.) and any other law

applicable to authorization of such construction.

Sec. 404. Environmental Assessment Of Sites

(a) IN GENERAL-Upon the request of the Negotiator, the Secretary

shall prepare an environmental assessment of any site that is the subject

of negotiations under section 403(a).

(b) CONTENTS-(]) Each environmental assessment prepared for a

repository site shall include a detailed statement of the probable impacts

of characterizing such site and the construction and operation of a

repository at such site.

(2) Each environmental assessment prepared for a monitored

retrievable storage facility site shall include a detailed statement of

the probable impacts of construction and operation of such a facility

at such site.

(c) JUDICIAL REVIEW-The issuance of an environmental

assessment under subsection (a) shall be considered to be a final agency

action subject to judicial review in accordance with the provisions of

chapter 7 of title 5, United States Code, section 119. (d) PUBLIC HEARINGS-(I) In preparing an environmental

assessment for any repository or monitored retrievable storage facility

site, the Secretary shall hold public hearings in the vicinity of such site to

inform the residents of the area in which such site is located that such site

is being considered and to receive their comments.

(2) At such hearings, the Secretary shall solicit and receive any

recommendations of such residents with respect to issues that should

be addressed in the environmental assessment required under

42 USC 10244.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 483

42 USC 10245.

42 USC 10246.

Grants.

42 USC 10247.

subsection (a) and the site characterization plan described in section

I 13(b)(1).

(e) PUBLIC AVAILABILITY-Each environmental assessment

prepared under subsection (a) shall be made available to the public.

(f) EVALUATION OF SITES-(I) In preparing an environmental

assessment under subsection (a), the Secretary shall use available

geophysical, geologic, geochemical and hydrologic, and other

information and shall not conduct any preliminary borings or excavations

at any site that is the subject of such assessment unless-

(A) such preliminary boring or excavation activities were in

progress on or before the date of the enactment of the Nuclear

Waste Policy Amendments Act of 1987; or

(B) the Secretary certifies that, in the absence of preliminary

borings or excavations, adequate information will not be available

to satisfy the requirements of this Act or any other law.

(2) No preliminary boring or excavation conducted under this

section shall exceed a diameter of 40 inches.

Sec. 405. Site Characterization; Licensing

(a) SITE CHARACTERIZATION-Upon enactment of legislation to

implement an agreement to site a repository negotiated under section

403(a), the Secretary shall conduct appropriate site characterization

activities for the site that is the subject of such agreement subject to the

conditions and terms of such agreement. Any such site characterization

activities shall be conducted in accordance with section 113, except that

references in such section to the Yucca Mountain site and the State of

Nevada shall be deemed to refer to the site that is the subject of the

agreement and the State of Indian tribe entering into the agreement.

(b) LICENSING-(I) Upon completion of site characterization

activities carried out under subsection (a), the Secretary shall submit to

the Nuclear Regulatory Commission an application for construction

authorization for a repository at such site.

(2) The Nuclear Regulatory Commission shall consider an

application for a construction authorization for a repository or

monitored retrievable storage facility in accordance with the laws

applicable to such applications, except that the Nuclear Regulatory

Commission shall issue a final decision approving or disapproving

the issuance of a construction authorization not later than 3 years after

the date of the submission of such application.

Sec. 406. Monitored Retrievable Storage

(a) CONSTRUCTION AND OPERATION-Upon enactment of

legislation to implement an agreement negotiated under section 403(a) to

site a monitored retrievable storage facility, the Secretary shall construct

and operate such facility as part of an integrated nuclear waste

management system in accordance with the terms and conditions of such

agreement.

(b) FINANCIAL ASSISTANCE-The Secretary may make grants to

any State, Indian tribe, or affected unit of local government to assess the

feasibility of siting a monitored retrievable storage facility under this

section at a site under the jurisdiction of such State, tribe, or affected unit

of local government.

Sec. 407. Environmental Impact Statement

(a) IN GENERAL-Issuance of a construction authorization for a

repository or monitored retrievable storage facility under section 405(b)

shall be. considered a major Federal action significantly affecting the

quality of the human environment for purposes of the National

Environmental Policy Act of 1969 (42 USC 4321 et seq.)
42 USC 10248.

Contracts.

42 USC 10249.

484 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(b) PREPARATION-A final environmental impact statement shall be

prepared by the Secretary under such Act and shall accompany any

application to the Nuclear Regulatory Commission for a construction

authorization.

(c) ADOPTION-(1) Any such environmental impact statement shall,

to the extent practicable, be adopted by the Nuclear Regulatory

Commission, in accordance with section 1506.3 of title 40, Code of

Federal Regulations, in connection with the issuance by the Nuclear

Regulatory Commission of a construction authorization and license for

such repository or monitored retrievable storage facility.

(2) (A) In any such statement prepared with respect to a repository

to be constructed under this title at the Yucca Mountain site, the

Nuclear Regulatory Commission need not consider the need for a

repository, the time of initial availability of a repository, alternate

sites to the Yucca Mountain site, or nongeologic alternatives to such

site.

(B) In any such statement prepared with respect to a repository

to be constructed under this title at a site other than the Yucca

Mountain site, the Nuclear Regulatory Commission need not

consider the need for a repository, the time of initial availability

of a repository, or nongeologic alternatives to such site but shall

consider the Yucca Mountain site as alternative to such site in the

preparation of such statement.

Sec. 408. Administrative Powers Of The Negotiator

In carrying out his functions under this title, the Negotiator may-

(I) appoint such officers and employees as he determines to be

necessary and prescribe their duties;

(2) obtain services as authorized by section 3109 of title 5, United

States Code, at rates not to exceed the rate prescribed for grade GS- 18

of the General Schedule by section 5332 of title 5, United States

Code;

(3) promulgate such rules and regulations as may be necessary to

carry out such functions;

(4) utilize the services, personnel, and facilities of other Federal

agencies (subject to the consent of the head of any such agency);

(5) for purposes of performing administrative functions under this

title, and to the extent funds are appropriated; enter into and perform

such contracts, leases, cooperative agreements, or other transactions

as may be necessary and on such terms as the Negotiator determines

to be appropriate, with any agency or instrumentality of the United

States, or with any public or private person or entity;

(6) accept voluntary and uncompensated services, notwithstanding

the provisions of section 1342 of title 31, United States Code;

(7) adopt an official seal, which shall be judicially noticed;

(8) use the United States mails in the same manner and under the

same conditions as other departments and agencies of the United

States;

(9) hold such hearings as are necessary to determine the views of

interested parties and the general public; and

(10) appoint advisory committees under the Federal Advisory

Committee Act (5 USC App.)

Sec. 409. Cooperation Of Other Departments And Agencies

Each department, agency, and instrumentality of the United States,

including any independent agency, may furnish the Negotiator such

information as he determines to be necessary to carry out his functions

under this title.
Nuclear Waste Policy Act of 1982 L. 97-425) 485

42 USC 10250. Sec. 410. Termination Of The Office

The Office shall cease to exist not later than 30 days after the date 7

years after the date of the enactment of the Nuclear Waste Policy

Amendments Act of 1987.23

42 USC 10251. Sec. 411. Authorization Of Appropriations

Notwithstanding subsection (d) of section 302, and subject to

subsection (e) of such section, there are authorized to be appropriated for

expenditures from amounts in the Waste Fund established in subsection

(c) of such section, such sums as may be necessary to carry out the

provisions of this title.24

Title V-Nuclear Waste Technical Review Board

2 USC 10261. See. 501. Definitions

As used in this title:

(1) The term "Chairman" means the Chairman of the Nuclear

Waste Technical Review Board.

(2) The term "Board" means the Nuclear Waste Technical Review

Board established under section 502.25

2 USC 10262. Sec. 502. Nuclear Waste Technical Review Board

(a) ESTABLISHMENT-There is established a Nuclear Waste

Technical Review Board that shall be an independent establishment

within the executive branch.

President of (b) MEMBERS-(I) The Board shall consist of I I members who shall

U.S. be appointed by the President not later than 90 days after the date of the

enactment of the Nuclear Waste Policy Amendments Act of 1987 from

among persons nominated by the National Academy of Sciences in

accordance with paragraph (3).

President of (2) The President shall designate a member of the Board to serve

tJ.S. as chairman.

(3) (A) The National Academy of Sciences shall, not later than 90

days after the date of the enactment of the Nuclear Waste Policy

Amendments Act of 1987, nominate not less than 22 persons for

appointment to the Board from among persons who meet the

qualifications described in subparagraph (C).

(B) The National Academy of Sciences shall nominate not less

than 2 persons to fill any vacancy on the Board from among

persons who meet the qualifications described in subparagraph

(C).

(C) (i) Each person nominated for appointment to the Board

shall be-

(1) eminent in a field of science or engineering,

including environmental sciences; and

(II) selected solely on the basis of established records

of distinguished service.

(ii) The membership of the Board shall be representative of

the broad range of scientific and engineering disciplines related to activities under this title.

(iii) No person shall be nominated for appointment to the

Board who is an employee of-

(I) the Department of Energy;

23

P.L. 102-486, 106 Stat. 2923. 1

4

pP.L. 100-203, § 5041, 101 Stat. 1330 (1987), added Title [V. "

5

P.L. 100-203, § 5051, 101 Stat. 1330 (1987), added Title V.
42 USC 10263.

42 USC 10264.

42 USC 10265.

42 USC 10266.

486 Nuclear Waste Policy Act of 1982 (P.L. 97-425)

(II) a national laboratory under contract with the

Department of Energy; or

(III) an entity performing high-level radioactive waste

or spent nuclear fuel activities under contract with the

Department of Energy.

(4) Any vacancy on the Board shall be filled by the nomination

and appointment process described in paragraphs (1) and (3).

(5) Members of the Board shall be appointed for terms of 4 years,

each such term to commence 120 days after the date of enactment of

the Nuclear Waste Policy Amendments Act of 1987, except that of

the I I members first appointed to the Board, 5 shall serve for 2 years

and 6 shall serve for 4 years, to be designated by the President at the

time of appointment.

Sec. 503. Functions

The Board shall evaluate the technical and scientific validity of

activities undertaken by the Secretary after the date of the enactment of

the Nuclear Waste Policy Amendments Act of 1987, including-

(I) site characterization activities; and

(2) activities relating to the packaging or transportation of highlevel radioactive waste or spent nuclear fuel.

Sec. 504. Investigatory Powers

(a) HEARINGS-Upon request of the Chairman or a majority of the

members of the Board, the Board may hold such hearings, sit and act at

such times and places, take such testimony, and receive such evidence, as

the Board considers appropriate. Any member of the Board may

administer oaths or affirmations to witnesses appearing before the Board.

(b) PRODUCTION OF DOCUMENTS-(I) Upon the request of the

Chairman or a majority of the members of the Board, and subject to

existing law, the Secretary (or any contractor of the Secretary) shall

provide the Board with such records, files, papers, data, or information as

may be necessary to respond to any inquiry of the Board under this title.

(2) Subject to existing law, information obtainable under

paragraph (I) shall not be limited to final work products of the

Secretary, but shall include drafts of such products and

documentation of work in progress.

Sec. 505. Compensation Of Members

(a) IN GENERAL-Each member of the Board shall be paid at the

rate of pay payable for level III of the Executive Schedule for each day

(including travel time) such member is engaged in the work of the Board.

(b) TRAVEL EXPENSES-Each member of the Board may receive

travel expenses, including per diem in lieu of subsistence, in the same

manner as is permitted under sections 5702 and 5703 of title 5, United

States Code.

Sec. 506.. Staff

(a) CLERICAL STAFF-(I) Subject to paragraph (2), the Chairman

may appoint and fix the compensation of such clerical staff as may be

necessary to discharge the responsibilities of the Board.

(2) Clerical staff shall be appointed subject to the provisions of

title 5, United States Code, governing appointments in the

competitive service, and shall be paid in accordance with the

provisions of chapter 51 and subchapter III of chapter 53 of such title

relating to classification and General Schedule pay rates.

(b) PROFESSIONAL STAFF.-(I) Subject to paragraphs (2) and (3),

the Chairman may appoint and fix the compensation of such professional

staff as may be necessary to discharge the responsibilities of the Board.
Nuclear Waste Policy Act of 1982 (P.L. 97-425) 487

42 USC 10267.

42 USC 10268.

42 USC 10269.

42 USC 10270.

(2) Not more than 10 professional staff members may be

appointed under this subsection.

(3) Professional staff members may be appointed without regard

to the provisions of title 5, United States Code, governing

appointments in the competitive service, and may be paid without

regard to the provisions of chapter 51 and subchapter IlI of chapter 53

of such title relating to classification and General Schedule pay rates,

except that no individual so appointed may receive pay in excess of

the annual rate of basic pay payable of GS-18 of the General

Schedule.

Sec. 507. Support Services

(a) GENERAL SERVICES-To the extent permitted by law and

requested by the Chairman, the Administrator of General Services shall

provide the Board with necessary administrative services facilities, and

support on a reimbursable basis.

(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY

ASSESSMENT SERVICES-The Comptroller General, the Librarian of

Congress, and the Director of the Office of Technology Assessment

shall, to the extent permitted by law and subject to the availability of

funds, provide the Board with such facilities, support, funds and services,

including staff, as may be necessary for the effective performance of the

functions of the Board.

(c) ADDITIONAL SUPPORT-Upon the request of the Chairman, the

Board may secure directly from the head of any department or agency of

the United States information necessary to enable it to carry out this title.

(d) MAILS-The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies

of the United States.

(e) EXPERTS AND CONSULTANTS-Subject to such rules as may

be prescribed by the Board, the Chairman may procure temporary and

intermittent services under section 3 109(b) of title 5 of the United States

Code, but at rates for individuals not to exceed the daily equivalent of the

maximum annual rate of basic pay payable for GS-18 of the General

Schedule.

Sec. 508. Report

The Board shall report not less than 2 times per year to Congress and

the Secretary its findings, conclusions, and recommendations. The first

such report shall be submitted not later than 12 months after the date of

the enactment of the Nuclear Waste Policy Amendments Act of 1987.

Sec. 509. Authorization Of Appropriations

Notwithstanding subsection (d) of section 302, and subject to

subsection (e) of such section, there are authorized to be appropriated for

expenditures from amounts in the Waste Fund established in subsection

(c) of such section such sums as may be necessary to carry out the

provisions of this title.

Sec. 510. Termination Of The Board

The Board shall cease to exist not later than 1 year after the date on which the Secretary begins disposal of high-level radioactive waste or 26 spent nuclear fuel in a repository.

26

P.L. 100-203, § 5051, 101 Stat. 1330 (1987), added Title V.
488 Environmental Protection Standards Provisions (P.L. 102-486)

B. PERTINENT PROVISIONS OF THE ENERGY POLICY

ACT OF 1992--(ENVIRONMENTAL PROTECTION

STANDARDS)

Title VIII - High-Level Radioactive Waste'

42 USC 10141 Sec. 801. Nuclear Waste Disposal

note. (a) ENVIRONMENTAL PROTECTION AGENCY STANDARDS-

(I) PROMULGATION-Notwithstanding the provisions of

section 121(a) of the Nuclear Waste Policy Act of 1982 (42 USC

10141(a)), section 161b. of the Atomic Energy Act of 1954 (42 USC

2201(b)), and any other authority of the Administrator of the

Environmental Protection Agency to set generally applicable

standards for the Yucca Mountain site, the Administrator shall, based

upon and consistent with the findings and recommendations of the

National Academy of Sciences, promulgate, by rule, public health

and safety standards for protection of the public from releases from

radioactive materials stored or disposed of in the repository at the

Yucca Mountain site. Such standards shall prescribe the maximum

annual effective dose equivalent to individual members of the public

from releases to the accessible environment from radioactive

materials stored or disposed of in the repository. The standards shall

be promulgated not later than one year after the Administrator

receives the findings and recommendations of the National Academy

of Sciences under paragraph (2) and shall be the only such standards

applicable to the Yucca Mountain site.

(2) STUDY BY NATIONAL ACADEMY OF SCIENCESWithin 90 days after the date of the enactment of this Act, the

Administrator shall contract with the National Academy of Sciences

to conduct a study to provide, by not later than December 31, 1993,

findings and recommendations on reasonable standards for protection

of the public health and safety, including -

(A) whether a health-based standard based upon doses to

individual members of the public from releases to the accessible

environment (as that term is defined in the regulations contained

in subpart B of Part 191 of title 40, Code of Federal Regulations,

as in effect on November 18, 1985) will provide a reasonable

standard for protection of the health and safety of the general

public.

(B) whether it is reasonable to assume that a system for postclosure oversight of the repository can be developed, based upon

active institutional controls, that will prevent an unreasonable risk

of breaching the repository's engineered or geologic barriers 'r

increasing the exposure of individual members of the public to

radiation beyond allowable limits; and

(C) whether it is possible to make scientifically supportable predictions of the probability that the repository's engineered or

geologic barriers will be breached as a result of human intrusion

over a period of 10,000 years.

(3) APPLICABILITY-The provisions of this section shall apply

to the Yucca Mountain site, rather than any other authority of the

'Note: This Act consists of P.L. 102-486, 106 Stat. 2921, enacted on October 24. 1992. and generally appears in Title 42, United States Code.
Environmental Protection Standards Provisions (P.L. 102-486) I489

Administrator to set generally applicable standards for radiation

protection.

(b) NUCLEAR REGULATORY COMMISSION REQUIREMENTS

AND CRITERIA.-

(I) MODIFICATIONS-Not later than 1 year after the

Administrator promulgates standards under subsection (a0, the

Nuclear Regulatory Commission shall, by rule, modify its technical

requirements and criteria under section 121(b) of the nuclear Waste

Policy Act of 1982 942 USC 10141(b)), as necessary, to be consistent

with the Administrator's standards promulgated under subsection (a).

(2) REQUIRED ASSUMPTIONS-The Commission's

requirements and criteria shall assume, to the extent consistent with

the findings and recommendations of the National Academy of

Sciences, that, following repository closure, the inclusion of

engineered barriers and the Secretary's post-closure, oversight of the

Yucca Mountain site, in accordance with the subsection (c), shall be

sufficient to-

(A) prevent any activity at the site that poses an unreasonable

risk of breaching the repository's engineered or geologic barriers;

and

(B) prevent any increase in the exposure of individual

members of the public to radiation beyond allowable limits.

(c) POST-CLOSURE OVERSIGHT-Following repository closure,

the Secretary of Energy shall continue to oversee the Yucca Mountain

site to prevent any activity at the site that poses an unreasonable risk of-

(I) breaching the repository's engineered or geologic barriers; or (2) increasing the exposure of individual members of the public

to radiation beyond allowable limits.

See. 803. Nuclear Waste Management Plan

.(a) PREPARATION AND SUBMISSION OF REPORT-The

Secretary of Energy, in consultation with the Nuclear Regulatory

Commission and the Environmental Protection Agency, shall prepare and

submit to the Congress a report on whether current programs and plans

for management of nuclear waste as mandated by the Nuclear Waste

Policy Act of 1982 (42 USC 10101 et seq.) are adequate for management

of any additional volumes or categories of nuclear waste that might be

generated by any new nuclear power plants that might be constructed and

licensed after the date of the enactment of this Act. The Secretary shall

prepare the report for submission to the President and the Congress

within I year after the date of the enactment of this Act. The report shall

examine any new relevant issues related to management of spent nuclear

fuel and high-level radioactive waste that might be raised by the addition

of new nuclear-generated electric capacity, including anticipated

increased volumes of spent nuclear fuel or high-level radioactive waste,

any need for additional interim storage capacity prior to final disposal,

transportation of additional volumes of waste, and any need for

additional repositories for deep geologic disposal.

(b) OPPORTUNITY FOR PUBLIC COMMENT-In preparation of

the report required under subsection (a), the Secretary of Energy shall

offer members of the public an opportunity to provide information and

comment and shall solicit the views of the Nuclear Regulatory

Commission, the Environmental Protection Agency, and other interested

parties.

(c) AUTHORIZATION OF APPROPRIATIONS-There are authorized to be appropriated such sums as may be necessary to carry out

this section.

42 USC 10101

note.
490 Waste Incidental To Reprocessing Provisions (P.L. 108-375)

C. PERTINENT PROVISIONS OF THE RONALD W.

REAGAN NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2005--(WASTE INCIDENTAL TO

REPROCESSING)

50 USC 2601 See. 3116. Defense Site Acceleration Completion.'

note. (a) IN GENERAL.-Notwithstanding the provisions of the Nuclear

Waste Policy Act of 1982, the requirements of section 202 of the Energy

Reorganization Act of 1974, and other laws that define classes of

radioactive waste, with respect to material stored at a Department of

Energy site at which activities are regulated by a covered State pursuant

to approved closure plans or permits issued by the State, the term "highlevel radioactive waste" does not include radioactive waste resulting

from the reprocessing of spent nuclear fuel that the Secretary of Energy

(in this section referred to as the "Secretary"), in consultation with the

Nuclear Regulatory Commission (in this section referred to as the

"Commission"), determines-

(1) does not require permanent isolation in a deep geologic

repository for spent fuel or high-level radioactive waste;

(2) has had highly radioactive radionuclides removed to the

maximum extent practical; and

(3)(A) does not exceed concentration limits for Class C low- level

waste as set out in section 61.55 of title 10, Code of Federal

Regulations, and will be disposed of-

(i) in compliance with the performance objectives set out in

subpart C of part 61 of title 10, Code of Federal Regulations; and

(ii) pursuant to a State-approved closure plan or State-issued

permit, authority for the approval or issuance of which is

conferred on the State outside of this section; or

(B) exceeds concentration limits for Class C low-level waste

as set out in section 61.55 of title 10, Code of Federal Regulations,

but will be disposed of-

(i) in compliance with the performance objectives set out in

subpart C of part 61 of title 10, Code of Federal Regulations;

(ii) pursuant to a State-approved closure plan or State-issued

permit, authority for the approval or issuance of which is

conferred on the State outside of this section; and

(iii) pursuant to plans developed by the Secretary in

consultation with the Commission.

(b) MONITORING BY NUCLEAR REGULATORY

COMMISSION.-

(I) The Commission shall, in coordination with the covered State,

monitor disposal actions taken by the Department of Energy pursuant

to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of

assessing compliance with the performance objectives set out in

subpart C of part 61 of title 10, Code of Federal Regulations.

(2) If the Commission considers any disposal actions taken by the

Department of Energy pursuant to those subparagraphs to be not in

compliance with those performance objectives, the Commission shall,

as soon as practicable after discovery of the noncompliant conditions,.

inform the Department of Energy, the covered State, and the

following congressional committees:

'Note: P.L. 108-375, Division C, Title XXXI, § 3116, 118 Stat. 2162 (2004).
Waste Incidental To Reorocessine Provisions (P.L. 108-375) 491

(A) The Committee on Armed Services, the Committee on

Energy and Commerce, and the Committee on Appropriations of

the House of Representatives.

(B) The Committee on Armed Services, the Committee on

Energy and Natural Resources, the Committee on Environment

and Public Works, and the Committee on Appropriations of the

Senate.

(3) For fiscal year 2005, the Secretary shall, from amounts

available for defense site acceleration completion, reimburse the

Commission for all expenses, including salaries, that the Commission

incurs as a result of performance under subsection (a) and this

subsection for fiscal year 2005. The Department of Energy and the

Commission may enter into an interagency agreement that specifies

the method of reimbursement. Amounts received by the Commission

for performance under subsection (a) and this subsection may be

retained and used for salaries and expenses associated with those

activities, notwithstanding section 3302 of title 31, United States

Code, and shall remain available until expended.

(4) For fiscal years after 2005, the Commission shall include in

the budget justification materials submitted to Congress in support of

the Commission budget for that fiscal year (as submitted with the

budget of the President under section 1105(a) of title 31, United

States Code) the amounts required, not offset by revenues, for

performance under subsection (a) and this subsection.

(c) INAPPLICABILITY TO CERTAIN MATERIALS.- Subsection

(a) shall not apply to any material otherwise covered by that subsection

that is transported from the covered State.

(d) COVERED STATES.-For purposes of this section, the following

States are covered States:

(I) The State of South Carolina.

(2) The State of Idaho.

(e) CONSTRUCTION.-

(1) Nothing in this section shall impair, alter, or modify the full

implementation of any Federal Facility Agreement and Consent

Order or other applicable consent decree for a Department of Energy

site.

(2) Nothing in this section establishes any precedent or is binding

on the State of Washington, the State of Oregon, or any other State

not covered by subsection (d) for the management, storage, treatment,

and disposition of radioactive and hazardous materials.

(3) Nothing in this section amends the definition of "transuranic

waste" or regulations for repository disposal of transuranic waste

pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act or

part 191 of title 40, Code of Federal Regulations.

(4) Nothing in this section shall be construed to affect in any way

the obligations of the Department of Energy to comply with section

4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).

(5) Nothing in this section amends the West Valley

Demonstration Act (42 U.S.C. 2121 a note).

(') JUDICIAL REVIEW.-Judicial review shall be available in

accordance with chapter 7 of title 5, United States Code, for the

following:

(1) Any determination made by the Secretary or any other agency

action taken by the Secretary pursuant to this section.

(2) Any failure of the Commission to carry out its responsibilities

under subsection (b).
492 Greater-Than-Class C Waste Provisions (P.L. 109-58)

D. PERTINENT PROVISIONS OF THE ENERGY

POLICY ACT OF 2005--(GREATER-THAN-CLASS C

WASTE)

See. 631. Safe Disposal Of Greater-Than-Class C Radioactive Waste. I

Notirication. (a) RESPONSIBILITY FOR ACTIVITIES TO PROVIDE

STORAGE

FACILITY.-The Secretary shall provide to Congress official notification

of the final designation of an entity within the Department to have the

responsibility of completing activities needed to provide a facility for

safely disposing of all greater-than-Class C low-level radioactive waste.

(b) REPORTS AND PLANS.-

(I) REPORT ON PERMANENT DISPOSAL FACILITY.-

(A) PLAN REGARDING COST AND SCHEDULE FOR

COMPLETION OF EIS AND ROD.-Not later than I year

after the date of enactment of this Act, the Secretary, in

consultation with Congress, shall submit to Congress a report

containing an estimate of the cost and a proposed schedule to

complete an environmental impact statement and record of

decision for a permanent disposal facility for greater-thanClass C radioactive waste.

(B) ANALYSIS OF ALTERNATIVES.-Before the

Secretary makes a final decision on the disposal alternative or

alternatives to be implemented, the Secretary shall-

(i) submit to Congress a report that describes all

alternatives under consideration, including all information

required in the comprehensive report making

recommendations for ensuring the safe disposal of all

greater-than-Class C low-level radioactive waste that was

submitted by the Secretary to Congress in February 19 8 7,

and

(ii) await action by Congress.

(2) SHORT-TERM PLAN FOR RECOVERY AND STORAGE.-

lDeadiine. (A) IN GENERAL.-Not later than 180 days after the date

of enactment of this Act, the Secretary shall submit to

Congress a plan to ensure the continued recovery and storage

of greater-than-Class C low-level radioactive sealed sources

that pose a security threat until a permanent disposal facility is

available.

(B) CONTENTS.-The plan shall address estimated cost,

resource, and facility needs.

'P.L. 109-58, 119 Stat. 788 (2005), added section 631.
Uranium Mill Tailinas 493

Uranium Mill T iing 9

7. Uranium Mill Tailings

Uranium Mill Tailinas 495

Ura Uranium Mill Tailings

Contents

A. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF

1978, AS AMENDED ................................................................................ 497

Sec. 1. Short Title And Table Of Contents .............................................. 497

See. 2. Findings And Purposes ................................................................. 497

Title 1-Remedial Action Program ........................................................................ 497

Sec. 10 1. D efi nitions .................................................................................. 497

See. 102. Designation Of Processing Sites ............................................... 498

Sec. 103. State Cooperative Agreements ................................................. 500

Sec. 104. Acquisition And Disposition Of Lands And Materials .......... 501

Sec. 105. Indian Tribe Cooperative Agreements .................................... 504

Sec. 106. Acquisition Of Lands By Secretary ......................................... 505

Sec. 107. Financial A ssistance .................................................................. 505

Sec. 108. R em edial A ction ........................................................................ 506

S ec. 109. R u les ........................................................................................... 50 7

Sec. 110. E nforcem ent ............................................................................... 507

Sec. 111. Public Participation ................................................................... 507

Sec. 112. Termination: Authorization .................................................... 508

S ec. 113. L im itation ................................................................................... 508

Sec. 114. Reports To Congress ................................................................. 508

Sec. 115. Active Operations: Liability For Remedial Action ................ 509

Title 11-Uranium Mill Tailings Licensing And Regulation ................................ 510

S ec. 20 1. D efi n ition .................................................................................... 5 10

Sec. 202. Custody Of Disposal Site .......................................................... 510

Sec. 203. Authority To Establish Certain Requirements ....................... 512

Sec. 204. Cooperation With States ........................................................... 513

Sec. 205. Authorities Of Commission Respecting Certain Byproduct

M a te ria l .................................................................................................... .5 16

Sec. 206. Authority Of Environmental Protection Agency Respecting

Certain Byproduct Material ................. .................. 517

Sec. 207. Authorization of Appropriation for Grants ............................ 518

Sec. 208. Effective Date ....................................................................... 518

Sec. 209. Consolidation Of Licenses And Procedures ............................ 519

Title I11-Study And Designation Of Two Mill Tailings Sites In New Mexico ..519

Sec. 30 1. S tud y ................................................................................... . . 5 19

Sec. 302. Designation By Secretary .......................................................... 519

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT

OF 1992--(REMEDIAL ACTION AND URANIUM

REVITALIZATION) ................................................................................ 521

Title X - Remedial Action And Uranium Revitalization .................................... 521

Subtitle A - Remedial Action At Active Processing Sites .................................. 521

Sec. 1001. Remedial Action Program ...................................................... 521

Sec. 1002. R egulations ............................................................................... 522

Sec. 1003. Authorization Of Appropriations .......................................... 523

Sec. 1004. D efi nitions ................................................................................ 523

Subtitle B-Uranium Revitalization ..................................................................... 523
496 Uranium Mill Tailings

Sec. 1011. Overfeed Program .................................. 523

Sec. 1012. National Strategic Uranium Reserve ..................................... 524

See. 1013. Sale Of Remaining DOE Inventories ..................................... 524

Sec. 1014. Responsibility For The Industry ............................................ 524

Sec. 1015. Annual Uranium Purchase Reports ....................................... 524

Sec. 1016. Uranium Inventory Study ....................................................... 525

Sec. 1017. Regulatory Treatment Of Uranium Purchases ..................... 525

See. 1018. D efinitions ................................................................................ 525

C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEAR

2001-(PROVISIONS PERTAINING TO REMEDIAL ACTION

AT M O AB SITE) ...................................................................................... 527

Title XXXIV-Naval Petroleum Reserves ............................................................. 527

See. 3403. Disposal Of Oil Shale Reserve Numbered 2 ........................... 527
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 497

A. URANIUM MILL TAILINGS RADIATION CONTROL

ACT OF 1978, AS AMENDED

Public Law 95-604 92 Stat. 3021

November 8, 1978

An Act

Sec. i. Short Title And Table Of Contents

This Act may be cited as the "Uranium Mill Tailings Radiation

Control Act of 1978." (TOC not duplicated here.)

42 USC 7901. Sec. 2. Findings And Purposes

(a) The Congress finds that uranium mill tailings located at active and

inactive mill operations may pose a potential and significant radiation

health hazard to the public, and that the protection of the public health,

safety, and welfare and the regulation of interstate commerce require that

every reasonable effort be made to provide for the stabilization, disposal,

and control in a safe and environmentally sound manner of such tailings in order to prevent or minimize radon diffusion into the environment and

to prevent or minimize other environmental hazards from such tailings.

(b) The purposes of this Act are to provide- (1) in cooperation with the interested States, Indian tribes, and the

persons who own or control inactive mill tailings sites, a program of

assessment and remedial action at such sites, including, where

appropriate, the reprocessing of tailings to extract residual uranium

and other mineral valueswhere practicable, in order to stabilize and

control such tailings in a safe and environmentally sound manner and

to minimize or eliminate radiation health hazards to the public, and

(2) a program to regulate mill tailings during uranium or thorium

ore processing at active mill operations and after termination of such

operations in order to stabilize and control such tailings in a safe and

environmentally sound manner and to minimize or eliminate radiation

health hazards to the public.

Title I-Remedial Action Program

42 USC 7911. Sec. 101. Definitions

For purposes of this title-

(I) The term "Secretary" means the Secretary of Energy.

(2) The term "Commission" means the Nuclear Regulatory

Commission.

(3) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(4) The term "Indian tribe" means any tribe, band, clan, group,

pueblo, or community of Indians recognized as eligible for services

provided by the Secretary of the Interior to Indians.

(5) The term "person" means any individual association,

partnership, corporation, firm, joint venture, trust, government entity,

and any other entity, except that such term does not include any

Indian or Indian tribe.

(6) The term "processing site" means-

(A) any site, including the mill, containing residual radioactive

materials at which all or substantially all of the uranium was

produced for sale to any Federal agency prior to January 1, 1971
498 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

under a contract with any Federal agency, except in the case of a

site at or near Slick Rock, Colorado, unless-

(i) such site was owned or controlled as of January 1,

1978, or is thereafter owned or controlled by any Federal

agency, or

(ii) a license (issued by the Commission or its predecessor

agency under the Atomic Energy Act of 1954 or by a State as

permitted under section 274 of such Act) for the production at

such site of any uranium or thorium product derived from ores

is in effect on January I, 1978, or is issued or renewed after

such date; and

(B) any other real property or improvement thereon which-

(i) is in the vicinity of such site, and

(ii) is determined by the Secretary, in consultation with the

Commission, to be contaminated with residual radioactive

materials derived from such site.

Any ownership or control of an area by a Federal agency which is

acquired pursuant to a cooperative agreement under this title shall not be

treated as ownership or control by such agency for purposes of

subparagraph (A)(i). A license for the production of any uranium product

from residual radioactive materials shall not be treated as a license for

production from ores within the meaning of subparagraph (A)(ii) if such

production is in accordance with section 108(b).

(7) The term "residual radioactive material" means-

(A) waste (which the Secretary determines to be radioactive)

in the form of tailings resulting from the processing of ores for the

extraction of uranium and other valuable constituents of the ores;

and

42 USC 2011

no0e.

42 LISC 2021.

(B) other waste (which the Secretary determines to be

radioactive) at a processing site which relate to such processing,

including any residual stock of unprocessed ores or low-grade

materials.

(8) The term "tailings" means the remaining portion of a metalbearing ore after some or all of such metal, such as uranium, has been

extracted.

(9) The term "Federal agency" includes any executive agency as

defined in section 105 of title 5 of the United States Code.

(10) The term "United States" means the 48 contiguous States and

Alaska, Hawaii, Puerto Rico, the District of Columbia, and the

territories and possessions of the United States.

42 USC 7912. See. 102. Designation Of Processing Sites

(a)(1) As soon as practicable, but no later than one year after

enactment of this Act, the Secretary shall designate processing sites at or

near the following locations:

Salt Lake City, Utah

Green River, Utah

Mexican Hat, Utah

Durango, Colorado

Grand Junction, Rifle, Colorado (two sites)

Gunnison, Colorado

Naturita, Colorado

Maybell, Colorado

Slick Rock, Colorado (two sites)

Shiprock, New Mexico

Ambrosia Lake, New Mexico

Riverton, Wyoming
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 499

Converse County, Wyoming

Lakeview, Oregon

Falls City, Texas

Tuba City, Arizona

Monument Valley, Arizona

Lowman, Idaho

Canonsburg, Pennsylvania

Remedial Subject to the provisions of this title, the Secretary shall complete

action. remedial action at the above listed sites before his authority terminates

under this title. The Secretary shall within one year of the date of

enactment of this Act also designate all other processing sites within the

United States which he determines requires remedial action to carry out

the purposes of this title. In making such designation, the Secretary shall

consult with the Administrator, the Commission, and the affected States,

and in the case of Indian lands, the appropriate Indian tribe and the

Secretary of the Interior.

(2) As part of his designation under this subsection, the Secretary,

in consultation with the Commission, shall determine the boundaries

of each such site.

(3) No site or structure with respect to which remedial action is

authorized under Public Law 92-314 in Grand Junction, Colorado,

may be designated by the Secretary as a processing site under this

section.

Health hazard (b) Within one year from the date of the enactment of this Act, the

assessment. Secretary shall assess the potential health hazard to the public from the

residual radioactive materials at designated processing sites. Based upon

such assessment, the secretary shall, within such one year period,

establish priorities for carrying out remedial action at each such site. In

establishing such priorities, the Secretary shall rely primarily on the

advice of the Administrator.

Noliflication. (c) Within thirty days after making designations of processing sites

and establishing the priorities for such sites under this section, the

Secretary shall notify the Governor of each affected State, and where

appropriate, the Indian tribes and the Secretary of the Interior.

(d) The designations made, and priorities established, by the

Secretary under this section shall be final and not be subject to judicial

review.

(e)(1) The designation of processing sites within one year after

enactment under this section shall include, to the maximum extent

practicable, the areas referred to in section 101(6)(B).

(2) Notwithstanding the one year limitation contained in this

section, the Secretary may, after such one year period, include any

areas described in section 101(6)(B) as part of a processing site

designated under this section if he determines such inclusion to be

appropriate to carry out the purposes of this title.

42 USC 7911. (3) The Secretary shall designate as a processing site within the

meaning of section 101(6) any real property, or improvements

thereon, in Edgemont, South Dakota, that-

(A) is in the vicinity of the Tennessee Valley Authority

uranium mill site at Edgemont (but not including such site), and

(B) is determined by the Secretary to be contaminated with

residual radioactive materials.

(f)(1) DESIGNATION. Notwithstanding any other provision of law,

the Moab uranium milling site (referred to in this subsection as the

"Moab site") located approximately three miles northwest of Moab, Utah,

and identified in the Final Environmental Impact Statement issued by the
500 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

Nuclear Regulatory Commission in March 1996 in conjunction with

Source Materials License No. SUA-917, is designated as a processing

site.

(2) APPLICABILITY. This title applies to the Moab site in the

same manner and to the same extent as to other processing sites

designated under subsection (a), except that-

(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of this

title shall not apply; and

(B) a reference in this title to the date of the enactment of this

Act shall be treated as a reference to the date of the enactment of

this subsection [enacted October 30, 2000].

(3) REMEDIATION. Subject to the availability of appropriations

for this purpose, the Secretary shall conduct remediation at the Moab

site in a safe and environmentally sound manner that takes into

consideration the remedial action plan prepared pursuant to section

3405(i) of the Strom Thurmond National Defense Authorization Act

for Fiscal Year 1999 (10 USC 7420 note; Public Law 105-261,

including-

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, for permanent

disposition and any necessary stabilization, of residual radioactive

material and other contaminated material from the Moab site and

the floodplain of the Colorado River.'

42 tJSC 7917. In making the designation under this paragraph, the Secretary shall

consult with the Administrator, the Commission and the State of South

Dakota. The provisions of this title shall apply to the site so designated in

the same manner and to the same extent as to the sites designated under

subsection (a) except that, in applying such provisions to such site, any

reference in this title to the date of enactment of this Act shall be treated

as a reference to the date of the enactment of this paragraph and in

determining the State share under section 107 of the costs of remedial

action, there shall be credited to the State, expenditures made by the State

prior to the date of the enactment of this paragraph which the Secretary

determines would have been made by the State or the United States in

carrying out the requirements of this title.2

42 USC 7913. See. 103. State Cooperative Agreements

(a) After notifying a State of the designation referred to in section 102

of this title, the Secretary subject to section 113, is authorized to enter

into cooperative agreement with such State to perform remedial actions

at each designated processing site in such State (other than a site location

on Indian lands referred to in section 105). The Secretary shall, to the

greatest extent practicable, enter into such agreements and carry out such

remedial actions in accordance with the priorities established by him

under section 102. The Secretary shall commence preparations for

cooperative agreements with respect to each designated processing site as

promptly as practicable following the designation of each site.

Terms and (b) Each cooperative agreement under this section shall contain such

Conditions. terms and conditions as the Secretary deems appropriate and consistent

with the purposes of this Act, including, but not limited to, a limitation

on the use of Federal assistance to those costs which are directly required

to complete the remedial action selected pursuant to section 108.

'As amended. Public Law 106-398. section I, 114 Stat. 1654 (2000). 'Public Law 97-415, 96 Stat. 2067 (1983), added (3) to section 102(e).
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 501

Written (c)(I) Except where the State is required to acquire the processing site

consent. as provided in subsection (a) of section 104, each cooperative agreement

with a State under section 103 shall provide that the State shall obtain, in a form prescribed by the Secretary, written consent from any person

holding any record interest in the designated processing site for the

Secretary or any person designated by him to perform remedial action at

such site.

Waiver. (2) Such written consent shall include a waiver by each such

person on behalf of himself, herself, his heirs, successors, and

assigns-

(A) releasing the United States of any liability or claims

thereof by such person, his heirs, successors, and assigns

concerning such remedial action, and

(B) holding the United States harmless against any claim by

such person on behalf of himself, his heirs, successors, or assigns

arising out of the performance of any remedial action.

(d) Each cooperative agreement under this section shall require the

State to assure that the Secretary, the Commission, and the Administrator

and their authorized representatives have a permanent right of entry at

any time to inspect the processing site and the site provided pursuant to

section 104(b)(l) in furtherance of the provisions of this title and to carry

out such agreement and enforce this Act and any rules prescribed under

this Act. Such right of entry under this section or section 106 into an

area described in section 101(6)(B) shall terminate on completion of the

remedial action, as determined by the Secretary.

(e) Each agreement under this section shall take effect only upon the

concurrence of the Commission with the terms and conditions thereof.

(f) The Secretary may, in any cooperative agreement enter into this

section or section 105, provide for reimbursement of the actual costs, as

determined by the Secretary, of any remedial action performed with

respect to so much of a designated processing site as is described in

section 101(6)(B). Such reimbursement shall be made only to a property

owner of record at the time such remedial action was undertaken and

only with respect to costs incurred by such property owner. No such

reimbursement may be made unless-

(I) such remedial action was completed prior to enactment of this

Act, and unless the application for such reimburse was filed by such owner within one year after a agreement under this section or section

105 is approved by the Secretary and the Commission, and

(2) the Secretary is satisfied that such action adequately achieves

the purposes of this Act with respect to the site concerned and is

consistent with the standards established by the Administrator

pursuant to section 275(a) of the Atomic Energy Act of 1954.

42 USC 7914. Sec. 104. Acquisition And Disposition Of Lands And Materials

(a) Each cooperative agreement under section 103 shall require the

State where determined appropriate by the Secretary with the concurrence of the Commission, to acquire any designated processing

site, including where appropriate any interest therein. In determining

whether to require the State to acquire a designated processing site or

interest therein, consideration shall be given to the prevention of windfall

profits.
502 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

Residual (b)(l) If the Secretary with the concurrence of the Commission

radioactive determines that removal of residual radioactive material from a

material, processing site is appropriate, the cooperative agreement shall provide

removal, that the State shall acquire land (including, where appropriate, any

interest therein) to be used as a site for the permanent disposition and

stabilization of such residual radioactive materials in a safe and

environmentally sound manner.

(2) Acquisition by the State shall not be required under this

subsection if a site located on land controlled by the Secretary or

made available by the Secretary of the Interior pursuant to section

106(a)(2) is designated by the Secretary, with the concurrence of the

Commission, of such disposition and stabilization.

(c) No State shall be required under subsection (a) or (b) to acquire

any real property or improvement outside the boundaries of-

(I) that portion of the processing site which is described in section

101 (6)(A), and

(2) the site used for disposition of the residual radioactive

materials.

(d) In the case of each processing site designated under this title other

than a site designated on Indian land, the State shall take such action as

may be necessary, and pursuant to regulations of the Secretary under this

subsection, to assure that any person who purchases such a processing

site after the removal of radioactive materials from such site shall be

notified in any appropriate manner prior to such purchase, of the nature

and extent of residual radioactive materials removed from site, including

notice of the date when such action took place, and the condition of such

Notification. site after such action. If the State is the owner if such site, the State shall

so notify any prospective purchaser before entering into a contract,

option or other arrangement to sell or otherwise dispose of such site. The

Secretary shall issue appropriate rules and regulations to require notice in

the local land records of the residual radioactive materials which were

located at any processing site and notice of the nature and extent of

Rules and residual radioactive materials removed from the site, including notice of

regulations, the date when such action took place. For purposes of this subsection, the

term "site" does not include any property described in section 101 (6)(B)

of this title which is in a State which the Secretary has certified has a

program which would achieve the purposes of this subsection.3

(e)(1) The terms and conditions of any cooperative agreement with a

State under section 103 shall provide that in the case of any lands or

interests therein acquired by the State pursuant to subsection (a), the

State, with the concurrence of the Secretary and the Commission, may-

(A) sell such lands and interests,

(B) permanently retain such land and interests in lands (or

donate such lands and interests therein to another governmental

entity within such State) for permanent use by such State or entity

solely for park, recreational, or other public purposes, or

(C) transfer such lands and interest to the United Sates as

provided in subsection (0.

No lands may be sold under subparagraph (A) without the consent of

the Secretary and the Commission. No site may be sold under

subparagraph (A) or retained under subparagraph (B) if such site is used

for the disposition of residual radioactive materials.

3

P.L. 104-259, § 4(a), 110 Stat. 3174 (1996), amended § (d) by inserting the last sentence.
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 503

(2) Before offering for sale any lands and interests therein which

comprise a processing site, the State shall offer to sell such lands and

interests at their fair market value to the person from whom the State

acquired them.

(0(1) Each agreement under section 103 shall provide that title to-

(A) the residual radioactive materials subject to the agreement,

and

(B) any lands and interests therein which have been acquired

by the State, under subsection (a) or (b), for the disposition of

such materials, shall be transferred by the State to the Secretary

when the Secretary (with the concurrence of the Commission)

determines that remedial action is completed in accordance with

the requirements imposed pursuant to this title. No payment shall

be made in connection with the transfer of such property from

fund appropriated for purposes of this Act other than payments for

any administrative and legal costs incurred in carrying out such

transfer.

(2) Custody of any property transferred to the United States under

this subsection shall be assumed by the Secretary or such Federal

agency as the President may designate. Notwithstanding any other

provision of law, upon completion of the remedial action program

authorized by this title, such property and minerals shall be

maintained pursuant to a license issued by the Commission in such

manner as will protect the public health, safety, and the environment.

The Commission may, pursuant to such license or by rule or order,

require the Secretary or other Federal agency having custody of such

property and minerals to undertake such monitoring, maintenance,

and emergency measures necessary to protect public health and safety

and other actions as the Commission deems necessary to comply with

the standards of section 275(a) of the Atomic Energy Act of 1954.

The Secretary or such other Federal agency is authorized to carry out

maintenance, monitoring and emergency measures under this

subsection, but shall take no other action pursuant to such license,

rule or order with respect to such property and minerals unless

expressly authorized by Congress after the date of enactment of this

Act. The United States shall not transfer title to property or interest

therein acquired under this subsection to any person or State, except

as provided in subsection (h).

(g) Each agreement under section 103 which permits any sale

described in subsection (e)(l)(A) shall provide for the prompt

reimbursement to the Secretary form the proceeds of such sale. Such

reimbursement shall be in an amount equal to the lesser of-

(I) that portion of the fair market value of the lands or interests

therein which bears the same ratio to such fair market value as the

Federal share of the costs of acquisition by the State to such lands or interest therein bears to the total cost of such acquisition, or

(2) the total amount paid by the Secretary with respect to such

acquisition.

Fair market The fair market value of such lands or interest shall be determined by the

value. Secretary as of the date of the sale by the State. Any amounts received by

the Secretary under this title shall be deposited in the Treasury of the

United States as miscellaneous receipts.

(h) No provision of any agreement under section 103 shall prohibit

the Secretary of the Interior, with the concurrence of the Secretary of

Energy and the Commission, from disposing of any subsurface mineral

rights by sale or lease (in accordance with laws of the United States
504 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

applicable to the sale, lease, or other disposal of such rights) which are

associated with land on which residual radioactive materials are disposed

and which are transferred to the United States as required under this

section if the Secretary of the Interior takes such action as the

Commission deems necessary pursuant to a license issued by the

Commission to assure that the residual radioactive materials will not be

disturbed by reason of any activity carried on following such disposition.

If any such materials are disturbed by any such activity, the Secretary of

the Interior shall insure, prior to the disposition of the minerals, that such

materials will be restored to a safe and environmentally sound condition

as determined by the Commission, and that the costs of such restoration

will be borne by the person acquiring such rights from the Secretary of

the Interior or from his successor or assign.

42 USC 7915. See. 105. Indian Tribe Cooperative Agreements

(a) After notifying the Indian tribe of the designation pursuant to

section 102 of this title, the Secretary, in consultation with the Secretary

of the Interior, is authorized to enter into a cooperative agreement,

subject to section 113, with any Indian tribe to perform remedial action at

a designated processing site located on land of such Indian tribe. The

Secretary shall, to the greatest extent practicable, enter into such

agreements and carry out such remedial actions in accordance with the

priorities established by him under section 102. In performing any

remedial action under this section and in carrying out any continued

monitoring or maintenance respecting residual radioactive materials

associated with any site subject to a cooperative agreement under this

section, the Secretary shall make full use of any qualified members of

Terms and Indian tribes resident in the vicinity of any such site. Each such

conditions. agreement shall contain such terms and conditions as the Secretary

deems appropriate and consistent with the purpose of this Act. Such

terms and conditions shall require the following:

(I) The Indian tribe and any person holding any interest in such

land shall execute a waiver (A) releasing the United States of any

liability or claim thereof by such tribe or person concerning such

remedial action and (B) holding the United States harmless against

any claim arising out of the performance of any such remedial action.

(2) The remedial action shall be selected and performed in

accordance with section 108 by the Secretary or such person as he

may designate.

(3) The Secretary, the Commission, and the Administrator and

their authorized representatives shall have a permanent right of entry

at any time to inspect such processing site in furtherance of the

provisions of this title, to carry out such agreement, and to enforce

any rules prescribed under this Act.

Each agreement under this section shall take effect only upon

concurrence of the Commission with the terms and conditions thereof.

(b) When the Secretary with the concurrence of the Commission

determines removal of residual radioactive materials from a processing

site on land described on subsection (a) to be appropriate, he shall

provide, consistent with other applicable provisions of law, a site or sites

for the permanent disposition and stabilization in a safe and

environmentally sound manner of such residual radioactive materials.

Such materials shall be transferred to the Secretary (without payment

therefor by the Secretary) and permanently retained and maintained by

the Secretary under the conditions established in a license issued by the

commission, subject to section 104(f)(2) and (h).
Uranium Mill Tailines Radiation Control Act (P.L. 95-604) 505

42 USC 7916.

UJranium Mill

Tailings

Remedial Action

Amendments

Act of 1988.

42 USC 7901

note.

Public lands.

State listing.

Sec. 106. Acquisition Of Lands By Secretary

Where necessary or appropriate in order to consolidate in a safe and

environmentally sound manner the location of residual radioactive

materials which are removed from processing sites under cooperative

agreements under this title or where otherwise necessary for the

permanent disposition and stabilization of such materials in such

manner-

(1) the Secretary may acquire land and interest in land for such

purposes by purchase, donation, or under any other authority of law or

(2) the Secretary of the Interior may transfer permanently to the

Secretary to carry out the purposes of this Act, public lands under the

jurisdiction of the Bureau of Land Management in the vicinity of

processing sites in the following counties:

(A) Apache County in the State of Arizona;

(B) Mesa, Gunnison, Moffat, Montrose, Garfield, and San

Miguel Counties in the State of Colorado;

(C) Boise County in the State of Idaho;

(D) Billings and Bowman Counties in the State of North

Dakota;

(E) Grand and San Juan Counties in the State of Utah;

(F) Converse and Frement Counties in the State of Wyoming;

and

(G) Any other county in the vicinity of a processing site, if no

site in the county in which a processing site is located is suitable.

Any permanent transfer of lands under the jurisdiction of the Bureau

of Land Management by the Secretary of the Interior to the Secretary

shall not take place until the Secretary complies with the requirements of

the National Environmental Policy Act (42 USC 4321 et seq.) with

respect to the selection of a site for the permanent disposition and

stabilization of residual radioactive materials. Section 204 of the Federal

Land Policy and Management Act (43 USC 1714) shall not apply to this

transfer of jurisdiction. Prior to acquisition of land under paragraph (1)

or (2) of this subsection in any State, the Secretary shall consult with the

Governor of such State. No lands may be acquired under such

paragraph (I) or (2) in any State in which there is no (1) processing site

designated under this title or (2) active uranium mill operation, unless the

Secretary has obtained the consent of the Governor of such State. No

lands controlled by any Federal agency may be transferred to the

Secretary to carry out the purposes of this Act without the Concurrence

of the chief administrative officer of such agency.

42 USC 7917. Sec. 107. Financial Assistance

(a) In the case of any designated processing site for which an

agreement is executed with any State for remedial action at such site, the

Secretary shall pay 90 per centum of the actual cost of such remedial

action, including the actual costs of acquiring such site (and any interest

therein) or any disposition site (and any interest therein pursuant to

section 103 of this title, and the State shall pay the remainder of such

costs from non-Federal funds. The Secretary shall not pay the

administrative costs incurred by any State to develop, prepare, and carry

out any cooperative agreement executed with such State under this title,

except the proportionate share of the administrative costs associated with

4

Public Law 100-616, 102 Stat. 3192, amended section 106(2).
506 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

the acquisition of lands and interests therein acquired by the State

pursuant to this title.

(b) In the case of any designated processing site located on Indian

lands, the Secretary shall pay the entire cost of such remedial action.

42 USC 7918. See. 108. Remedial Action

(a)(l) The Secretary or such person as he may designate shall select

and perform remedial actions at designated processing sites and disposal

sites in accordance with the general standards prescribed by the

Administrator pursuant to section 275a. of the Atomic Energy Act of

1954. The State shall participate fully in the selection and performance of

a remedial action for which it pays part of the cost. Such remedial action

shall be selected and performed with the concurrence of the Commission

and in consultation, as appropriate, with the Indian tribe and the

Secretary of the Interior. Residual radioactive material from a processing

site designated under this title may be disposed of at a facility licensed

under title H1 under the administrative and technical requirements of such

title. Disposal of such material at such a site in accordance with such

requirements shall be considered to have been done in accordance with

the administrative and technical requirements of this title. 5

(2) The Secretary shall use technology in performing such

remedial action as will insure compliance with the general standards

promulgated by the Administrator under section 275a. of the Atomic

Energy Act of 1954 and will assure the safe and environmentally

sound stabilization of residual radioactive materials, consistent with 6 existing law.

(3) Notwithstanding paragraph (I) and (2) of this subsection, after

October 3 I, 1982, if the Administrator has not promulgated standards

under section 275a. of the Atomic Energy Act of 1954 infinal form

by such date, remedial action taken by the Secretary under this title

shall comply with standards proposed by the Administrator under

such section 275a. until such time as the Administrator promulgates

the standards in final form.7

Evaluation. (b) Prior to undertaking any remedial action at a designated site

pursuant to this title, the Secretary shall request expressions of interest

from private parties regarding the remilling of the residual radioactive

materials at the site and, upon receipt of any expression of interest, the

Secretary shall evaluate among other things the mineral concentration of

the residual radioactive materials at each designated processing site to

determine whether, as a part if any remedial action program, recovery of

such minerals is practicable. The Secretary, with the concurrence of the

Commission, may permit the recovery of such minerals, under such

terms and conditions as he may prescribe to carry out the purposes of this

title. No such recovery shall be permitted unless such recovery is

consistent with remedial action. Any person permitted by the Secretary to

recover such mineral shall pay to the Secretary a share of the net profits

derived from such recovery, as determined by the Secretary. Such share

shall not exceed the total amount paid by the Secretary for carrying out

remedial action at such designated site. After payment of such share to

P.L. 104-259, § 4(a), 110 Stat. 3174 (1996), amended § (a)(I) by inserting the last two sentences. 6

Public Law 97-415, section 18, 96 Stat. 2067 (1983), repealed the second sentence of section 108(a)(2), which

read as follows:

No such remedial action may be undertaken under this section before the promulgation by the

Administrator of such standards.

'Public Law 97-415, section 18, 96 Stat. 2067 (1983), added new paragraph (3) to section 108(a).
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 507

the United States under this subsection, such person shall pay to the State

in which the residual radioactive materials are located a share of the net

profits derived from such recovery, as determined by the Secretary. The

person recovering such minerals shall bear all cost of such recovery. Any

42 USC 2021. person carrying out mineral recovery activities under this paragraph

shall be required to obtain any necessary license under the Atomic

Energy Act of 1954 or under State law as permitted under section 274 of

such Act.

42 USC 7919. Sec. 109. Rules

The Secretary may prescribe such rules consistent with the purposes

of this Act as he deems appropriate pursuant to title V of the Department

of Energy Organization Act.

42 USC 7920. See. 110. Enforcement

(a)(1) Any person who violates any provision of this title or any

cooperative agreement entered into pursuant to this title or any rule

prescribed under this Act concerning any designated processing site,

disposition site, or remedial action shall be subject to an assessment by

Notice, hearing the Secretary of a civil penalty of not more than $1,000 per day per

opportunity. violation. Such assessment shall be made by order after notice and an

opportunity for a public hearing, pursuant to section 554 of title 5, United

States Code.

(2) Any person against whom a penalty is assessed under this

section may, within sixty calendar days after the date of the order of

the Secretary assessing such penalty, institute an action in the United

States court of appeals for the appropriate judicial circuit for judicial

5 USC 500 et review of such order in accordance with chapter 7 of title 5, United

seq States Code. The court shall have jurisdiction to enter a judgment

Jurisdiction. affirming, modifying, or setting aside in whole or in part, the order of

the Secretary, or the court may remand the proceeding to the

Secretary for such further action as the court may direct.

(3) If any person fails to pay an assessment of a civil penalty after

it has become a final and unappealable order, the Secretary shall

institute an action to recover the amount of such penalty in any

appropriate district court of the United States. In such action, the

42 USC 7172. validity and appropriateness of such final assessment order or

judgment shall not be subject to review. Section 402(d) of the

Department of Energy Organization Act shall not apply with respect

to the functions of the Secretary under this section.

(4) No civil penalty may be assessed against the United States or

any State or political subdivision of a State or any official or

employee of the foregoing.

(5) Nothing in this section shall prevent the Secretary from

enforcing any provision of this title or any cooperative agreement or

any such rule by injunction or other equitable remedy.

42 IJSC 2011 (b) Subsection (a) shall not apply to any license requirement under

note. the Atomic Energy Act of 1954. Such licensing requirements shall be

forced by the Commission as provided in such Act.

42 USC 7921. Sec. 111. Public Participation

In carrying out the provisions of this title, including the designation

of processing sites, establishing priorities for such sites, the selection of

remedial actions, and the execution of cooperative agreements, the

Secretary, the Administrator, and the Commission shall encourage public

participation and, where appropriate, the Secretary shall hold public

hearings relative to such matters in the State where processing sites and

disposal sites are located.
508 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

42 USC 7922. Sec. 112. Termination: Authorization

(a)(]) The authority of the Secretary to perform remedial action under

this title shall terminate on September 30, 1998, except thatWater. (A) the authority of the Secretary to perform groundwater

restoration activities under this subchapter is without limitation,

and

(B) the Secretary may continue operation of the disposal site

in Mesa County, Colorado (known as the Cheney disposal cell)

for receiving and disposing of residual radioactive material from

processing sites and of byproduct material from property in the

vicinity of the uranium milling site located in Monticello, Utah,

until the Cheney disposal cell has been filled to the capacity for

which is was designed, or September 30, 2023, whichever comes

first.

(2) For purposes of this subsection, the term 'byproduct

material' has the meaning given that term in section 1 le.(2) of the

Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).

(b) The amounts authorized to be appropriated to carry out the

purposes of this subchapter by the Secretary, the Administrator, the

Commission, and the Secretary of the Interior shall not exceed such

amounts as are established in annual authorization Acts for fiscal year

1979 and each fiscal year thereafter applicable to the Department of

Energy. Any sums appropriated for the purposes of this title shall be

available until expended.8

42 USC 7923. Sec. 113. Limitation

The authority under this title to enter into contracts or other

obligations requiring the United States to make outlays may be exercised

only to the extent provided in advance in annual authorization and

appropriation Acts.

42 USC 7924. Sec. 114. Reports To Congress

(a) Beginning on January 1, 1980, and each year thereafter until

January I, 1986, the Secretary shall submit a report to the Congress with

respect to the status of the actions required to be taken by the Secretary,

the Commission, the Secretary of the Interior, the Administrator, and the

States and Indian tribes under this Act and any amendments to other laws

made by this Act. Each report shall-

(I) include data on the actual and estimated costs of the program

authorized by this title;

(2) described the extent of participation by the States and Indian

tribe in this program;

(3) evaluate the effectiveness of remedial actions, and describe

any problems associated with the performance of such actions; and

(4) contain such other information as may be appropriate.

Such report shall be prepared in consultation with the Commission,

the Secretary of the Interior, and the Administrator and shall contain their

separate views, comments, and recommendations, if any. The

Commission shall submit to the Secretary and Congress such portion of

the report under this subsection as relates to the authorities of the

Commission under title II of this Act.

(b) Not later than July 1, 1979, the Secretary shall provide a report to

the Congress which identifies all sites located on public or acquired lands

'Public Law 100-616, section 3, 102 Stat. 3192 (1988); Public Law 102-486, Title X, Subtitle C, section 1031,

106 Stat. 2951 (1992); Public Law 104-259, section 2, 110 Stat. 3173 (1996).
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 509

of the United States containing residual radioactive materials and other

radioactive materials and other radioactive waste (other than waste

resulting from the production of electric energy) and specifies which

Federal agency has jurisdiction over such sites. The report shall include

the identity of property and other structures in the vicinity of such site

that are contaminated or may be contaminated by such materials and

actions planned or taken to remove such materials. The report shall

describe in what manner such sites are adequately stabilized and

otherwise controlled to prevent radon diffusion from such sites into the

environment and other environmental harm. If any site is not so

stabilized or controlled, the report shall describe the remedial actions

planned for such site and the time frame for performing such actions. In

preparing the reports under this section, the Secretary shall avoid

duplication of previous or ongoing studies and shall utilize all

information available from other departments and agencies of the United

Cooperation. States respecting the subject matter of such report. Such agencies shall

cooperate with the Secretary in the preparation of such report and furnish

such information as available to them and necessary for such reports.

(c) Not later than January I, 1980, the Administrator, in consultation

with the Commission, shall provide a report to the Congress which

identifies the location and potential health, safety, and environmental

hazards of uranium mine wastes together with recommendations, if any,

for a program to eliminate these hazards.

(d) Copies of the reports required by this section to be submitted to

the Congress shall be separately submitted to the Committees on Interior

and Insular Affairs and on Energy and Commerce of the House of

Representatives and the Committee on Energy and Natural Resources of

the Senate.

(e) The Commission, in cooperation with the Secretary, shall ensure

that any relevant information, other than trade secrets and other

proprietary information otherwise exempted from mandatory disclosure

under any other provision of law, obtained from the conduct of each of

the remedial actions authorized by this title and the subsequent perpetual

care of those residual radioactive materials is documented systematically,

and made publicly available conveniently for use.

42 USC 7925. Sec. 115. Active Operations: Liability For Remedial Action

(a) No amount may be expended under this title with respect to any

42 USC 2011 site licensed by the Commission under the Atomic Energy Act of 1954 or

notc. by a State as permitted under section 274 of such Act at which

production of any uranium product from ores (other than from residual

radioactive materials) takes place. This subsection does not prohibit the

disposal of residual radioactive material from a processing site under this

subchapter at a site licensed under title 11 or the expenditure of funds

under this subchapter for such disposal. 9

42 USC 2021. (b) In the case of each processing site designated under this title, the

Study. Attorney General shall conduct a study to determine the identity and

legal responsibility which any person (other than the United States, a

State, or Indian tribe) who owned or operated or controlled (as

determined by the Attorney General) such site before the date of the

enactment of this Act may have under any law or rule of law for

reclamation or other remedial action with respect to such site. The

Attorney General shall publish the results of such study, and provide

9

P.L. 104-259, § 4(a), 110 Stat. 3174 (1996), amended § (a) by inserting the last sentence.
510 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

copies thereof to the Congress, as promptly as practicable following the

date of the enactment of this Act. The Attorney General, based on such

study, shall, to the extent he deems it appropriate and in the public

interest, take such action under any provision of law in effect when

uranium was produced at such site to require payment by such person of

all or any part of the costs incurred by the United States for such

remedial action for which he determines such person is liable.

Title Il-Uranium Mill Tailings Licensing And Regulation

Sec. 201. Definition

Section I le. of the Atomic Energy Act of 1954, is amended to read as

42 USC 2014. follows:

Byproduct e. The term "byproduct material" means (1) any radioactive material

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.

See. 202. Custody Of Disposal Site

(a) Chapter 8 Of the Atomic Energy Act of 1954, is amended by

adding the following new section at the end thereof:

42 USC 2113. Sec. 83. Ownership And Custody Of Certain By-product Material

And Disposal Sites.-

42 USC 2002. a. Any license issued or renewed after the effective date of this

42 UJSC 2014. section under section 62 or section 81 for any activity which results in

42 ULSC 2111. the production of any byproduct materials, as defined in section I I e.(2),

shall contain such terms and conditions as the commission determines to

be necessary to assure that, prior to termination of such license-

(I) the licensee will comply with decontamination,

decommissioning, and reclamation standards prescribed by the

Commission for sites (A) at which ores were processed primarily for

their source material content and (B) at which such byproduct

material is deposited, and

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

I le.(2), which resulted from such licensed activity shall be

transferred to (A) the United States or (B) in the State in which such

activity occurred if such State exercises the option under subsection

b. (1) to acquire land used for the disposal of byproduct material.

Any license in effect on the date of the enactment of this section shall

either contain such terms and conditions on renewal thereof after the

effective date of this section, or comply with paragraphs (i) and (2) upon

the termination of such license, whichever first occurs. Rule, (b)(t)(A) The Commission shall require by rule, regulation, or order

regulation or that prior to the termination of any license which is issued after the

order, effective date of this section, title to the land, including any interests

therein (other than land owned by the United States or by a State) which

is used for the disposal of any byproduct material, as defined by section

I le.(2), pursuant to such license shall be transferred to-

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

such State.

(2) Unless the Commission determines prior to such termination

that transfer of title to such land and such byproduct material is not

necessary or desirable to protect the public health, safety, or welfare

or to minimize or eliminate danger to life or property. Such
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 511

determination shall be made in accordance with section 181 of this

Act. Notwithstanding any other provision of law or any such

determination, such property and materials shall be maintained

pursuant to a license issued by the Commission pursuant to section

84(b) in such manner as will protect the public health, safety, and the

environment.

(B) If the Commission determines by order that use of the

surface or subsurface estates, or both, of the land transferred to the

United States or to a State under subparagraph (A) would not

endanger the public health, safety, welfare, or environment, the

Commission, pursuant to such regulations as it may prescribe,

shall permit the use of the surface or subsurface estates, or both,

of such land in a manner consistent with the provisions of this

section. If the Commission permits such use of such land, it shall

provide the person who transferred such land with the right of first

refusal with respect to such use of such land.

(2) If the transfer to the United States of title to such by-product

material and such land is required under this section, the Secretary of

Energy or any Federal agency designated by the President shall,

follow the Commission's determination of compliance under

subsection c., assume title and custody of such byproduct material

and land transferred as provided in this subsection. Such Secretary or

Federal agency shall maintain such material and land in such manner

as will protect the public health and safety and the environment. Such

custody may be transferred to another officer or instrumentality of the

United States only upon approval of the President.

(3) If transfer to a State of title to such byproduct material is

required in accordance with this subsection, such State shall,

following the Commission's determination of compliance under

subsection d., assume title and custody of such byproduct material

and land transferred as provided in this subsection. Such State shall

maintain such material and land in such manner as will protect the

public health, safety, and the environment.

42 USC 2092. (4) In the case of any such license under section 62, which was in

effect on the effective date of this section, the Commission may

require, before the termination of such license, such transfer of land

and interests therein (as described in paragraph (1) of this subsection)

to the United States or a State in which such land is located, at the

option of such State, as may be necessary to protect the public health,

wealth, and the environment from any effects associated with such

byproduct material. In exercising the authority of this paragraph, the

Commission shall take into consideration the status of the ownership

of such land and interests therein and the ability of the licensee to

transfer title and custody thereof to the United States or a State.

(5) The Commission may, pursuant to a license, or by rule or

order, require the Secretary or other Federal agency or State having

custody of such property and materials to undertake such monitoring,

maintenance, and emergency measures as are necessary to protect the

public health and safety and such other actions as the Commission

deems necessary to comply with the standards promulgated pursuant

to section 84 of this Act. The Secretary or such other Federal agency

is authorized to carry out maintenance, monitoring, and emergency

measures, but shall take no other action pursuant to such license, rule

or order, with respect to such property and materials unless expressly

authorized by Congress after the date of enactment of this Act.
512 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

42 USC 2014. (6) The transfer of title to land or byproduct materials, as defined

in section I Ie,(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 (l)(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

license shall be required to enter into such arrangements with the

Commission as may be appropriate to assure the long-term

maintenance and monitoring of such lands by the United States.

c. Upon termination on any license to which this section applies, the

Commission shall determine whether or not the licensee has complied

with all applicable standards and requirements under such license.

(b) this section shall be effective three years after the enactment of

this Act.

42 tJSC 2113 (c) The table of contents for chapter 8 of the Atomic Energy Act of

note. 1954, is amended by inserting the following new item after the item

Effective date. relating to section 82: Sec. 83. Ownership and custody of certain

byproduct material and disposal sites.

Sec. 203. Authority To Establish Certain Requirements

Section 161 of the Atomic Energy Act of 1954, is amended, by

42 USC 2201. adding the following new subsection at the end thereof:

42 USC 2231. 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. (I) that an adequate bond, surety, or other financial arrangement

(as determined by the Commission) will be provided before

termination of any license for byproduct material as defined in

section I Ie.(2), by a licensee to permit the completion of all

requirements established by the Commission for the decontamination,

decommissioning, and reclamation of sites, structures, and equipment

used in conjunction with byproduct material as so defined, and

(2) that-

(A) in the case of any such license issued or renewed after the

date of the enactment of this subsection, the need for long term

maintenance and monitoring of such sites, structures and

equipment after termination of such license will be minimized

and, to the maximum extent practicable, eliminated; and

(B) in the case of each license for such material (whether in

effect on the date of the enactment of this section or issued or

renewed thereafter), if the Commission determines that any such

long-term maintenance and monitoring is necessary, the licensee,

before termination of any license for byproduct material as
Uranium Mill Tailinas Radiation Control Act (P.L. 95-604) 513

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.

See. 204. Cooperation With States

(a) Section 274b. of the Atomic Energy Act of 1954, is amended by

42 USC 2021. adding "as defined in section Ile.(])" after the words "byproduct

materials" in paragraph (I) by renumbering paragraphs (2) and (3) as

paragraph (3) and (4); and by inserting the following new paragraph

immediately after paragraph(l):

42 t.SC 2021. (2) byproduct materials as defined in section 1 I e.(2);

(b) Section 274d.(2) of such Act is amended by inserting the

following before the word "compatible": "in accordance with the

requirements of subsection o. and in all other respects."

Agreement. (c) Section 274n. of such Act is amended by adding the following

new sentence at the end thereof: "As used in this section, the term "agreement" includes any amendment to any agreement."

(d) Section 274j. of such Act is amended-

(1) by inserting "all or part or' after "suspend";

(2) by inserting "(I)" after "finds that"; and

Review. (3) by adding at the end before the period the following: or (2) the

State has not complied with one or more of the requirements of this

section. The Commission shall periodically review such agreements

and actions taken by the States under the agreements to ensure

compliance with the provisions of this section.

(e)(l) Section 274 of such Act is amended by adding the following

new subsection at the end thereof:

o. In the licensing and regulation of byproduct material, as defined in

section I le.(2) of this Act, or of any activity which results in the

production of byproduct material as so defined under an agreement

entered into pursuant to subsection b., a State shall require-

(1) compliance with the requirements of subsection b. of section

83 (respecting ownership of byproduct material and land), and

(2) compliance with standards which shall be adopted by the State

for the protection of the public health, safety, and the environment

from hazards associated with such material which are equivalent, to

the extent practicable, or more stringent than, standards adopted and

enforced by the Commission for the same purpose, including

requirements and standards promulgated by the Commission and the

Administrator of the Environmental Protection Agency pursuant to

section 83, 84, and 275, and

(3) procedures which-

(A) in the case of licenses, provide procedures under State law

which include-

(i) an opportunity, after public notice, for written

comments and a public hearing, with a transcript,
514 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

(ii) an opportunity for cross examination, and

(iii) a written determination which is based upon findings

included in such determination and upon the evidence

presented during the public comment period and which is

subject to judicial review;

(B) in the case of rulemaking, provide an opportunity for

public participation through written comments or a public hearing

and provide forjudicial review of the rule;

(C) require for each license which has a significant impact on

the human environment a written analysis (which shall be

available to the public before the commencement of any such

proceedings) of the impact of such licenses, including any

activities conducted pursuant thereto, on the environment, which

analysis shall include-

(i) an assessment of the radiological and nonradiological

impacts to the public health of the activities to be conducted

pursuant to such license;

(ii) an assessment of any impact on any waterway and

groundwater resulting from such activities;

(iii) consideration of alternatives, including alternative

sites and engineering methods, to the activities to be

conducted pursuant to such license; and

(iv) consideration of the long-term impacts, including

decommissioning, decontamination, and reclamation impacts,

associated with activities to be conducted pursuant to such

license, including the management of any byproduct material,

as defined by section I le.(2); and

(D) prohibit any major construction activities with respect to

such material prior to complying with the provisions of

subparagraph (C).

If any State under such agreement imposes upon any licensee any

requirement for the payment of funds to such State for the reclamation or

long-term maintenance and monitoring of such material and if transfer to

the United States of such material is required in accordance with section

83b. of this Act, such agreement shall be amended by the Commission to

provide that such State shall transfer to the United States upon

termination of the license issued to such licensee the total amount

42 USC 2201. collected by such State from such licensee for such purpose. If such

payments are required, they must be sufficient to ensure compliance with

the standards established by the Commission pursuant to section 16]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.

42 USC 2021 (2) The provisions of the amendment made by paragraph (1) of

note. this subsection (which adds a new subsection o. to section 274 of the

Atomic Energy Act of 1954) shall apply only to the maximum extent

practicable during the three-year period beginning on the date of the

enactment of this Act.' 0

42 USC 2021. (0' Section 274c. of such Act is amended by inserting the following

42 USC 20 14. new sentence after paragraph (4) thereof: The Commission shall also

retain authority under any such agreement to make a determination that

all applicable standards and requirements have been met prior to

"'P.L. 96-)06, section 22(d), 93 Stat. 800 (1979), amends seclion 204(e) by adding new paragraph (2).
Uranium Mill Tailings Radiation Control Act (P.L. 95-604) 515

termination of a license for byproduct material, as defined in section

1 I e.(2).

42 USC 2021 (g) Nothing in any amendment made by this section shall preclude

any State from exercising any other authority permitted under the Atomic

Energy Act of 1954 respecting any byproduct material, as defined in

section 1 I e.(2) of the Atomic Energy Act of 1954.

42 USC2014. (h)(1) During the three-year period beginning on the date of the

42 USC 2021. enactment of this Act, notwithstanding any other provision of this title,

any State may exercise any authority under State law (including authority

exercised pursuant to an agreement entered into pursuant to section 274

of the Atomic Energy Act of 1954) respecting (A) byproduct material, as 42 USC 2014. defined in section 1 1e.(2) of the Atomic Energy Act of 1954, or (B) any

activity which results in the production of byproduct material as so defined, in the same manner and to the same extent as permitted before

the date of the enactment of this Act, except that such State authority

shall be exercised in a manner which, to the extent practicable, is

consistent with the requirements of section 274o. of the Atomic Energy

Act of 1954 (as added by section 204(e) of this Act). The Commission

shall have the authority to ensure that such section 274o. is implemented

by any such State to the extent practicable during the three-year period

42 USC 2022. beginning on the date of the enactment of this Act. Nothing in this

section shall be construed to preclude the Commission or the

Administrator of the Environmental Protection Agency from taking such

action under section 275 of the Atomic Energy Act of 1954 as may be

necessary to implement title 1 of this Act.''

(2) An agreement entered into with any State as permitted under

section 274 of the Atomic Energy Act of 1954 with respect to

byproduct material as defined in section 1 le.(2) of such Act, may be

entered into at any time after the date of the enactment of this Act but

no such agreement may take effect before the date three years after

the date of the enactment of this Act.

42 USC 2014. (3) Notwithstanding any other provision of this title, where a 42 USC 2021. State assumes or has assumed, pursuant to an agreement entered into

under section 274b. of the Atomic Energy Act of 1954, authority over

any activity which results in the production of byproduct material, as defined in section I le.(2) of such Act, the Commission shall not, until

the end of three-year period beginning on the date of the enactment of

this Act, have licensing authority over such byproduct material produced

42 USC 2021. in any activity covered by such agreement, unless the agreement is

terminated, suspended, or amended to provide for such Federal licensing.

If, at the end of such three-year period, a State has not entered into such

an agreement with respect to byproduct material, as defined in section

I le.(2) of the Atomic Energy Act of 1954, the Commission shall have

authority over such byproduct material. 2 Provided, however, That, in

the case of a State which has exercised any authority under State law

pursuant to an agreement entered into under section 274 of the Atomic

Energy Act of 1954, the State authority over such byproduct material

"P.L. 96-106. section 22(b), 93 Stat. 799 (1979), amended section 204(h)(1) by substituting a completely new section 204(h)(I). Before amendment, section 204(h)(I) read as follows:

(H)(1) On or before the date three years after the date of the enactment of this Act,

notwithstanding any amendment made by this title, any State may exercise any authority under State law respecting byproduct material as defined in section I le.(2) of the Atomic

Energy Act of 1954, in the same manner, and to the same extent, as permitted befbre the

enactment of this Act. '

2

P.L. 96-106, section 22(a), 93 Stat. 799 (1979), added section 204(h)(93).
516 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

may be terminated, and the Commission authority over such material

may be exercised, only after compliance by the Commission with the same procedures as are applicable in the case of termination of

agreements under section 274j. of the Atomic Energy Act of 1954. 3

Sec. 205. Authorities Of Commission Respecting Certain Byproduct

Material

(a) Chapter 8 of the Atomic Energy Act of 1954, is amended by

adding the following new section at the end thereof:

42 t.SC 2114. Sec. 84. Authorities Of Commission Respecting Certain Byproduct

Material.

a. The Commission shall insure that the management of any

byproduct material, as defined in section I le.(2), is carried out in such

manner as42 USC 2114. (1) the Commission deems appropriate to protect the public health

and safety and the environment from radiological and nonradiological

hazards associated with the processing and with the possession and

transfer of such material,

(2) conforms with applicable general standards promulgated by

the Administrator of the Environmental Protection Agency under

section 275, and

42 USC 6091. (3) conforms to general requirements established by the

Commission, with the concurrence of the Administrator, which are, to

the maximum extent practicable, at least comparable to requirements

applicable to the possession, transfer, and disposal of similar

hazardous material regulated by the Administrator under the Solid

Waste Disposal Act, as amended.

Rule. b. In carrying out its authority under this section, the Commission is

regulation or authorized toorder. (1) by rule, regulation, or order require persons, officers, or

42 USC 2111. instrumentalities exempted from licensing under section 81 of this

Act to conduct monitoring, perform remedial work, and to comply

with such other measures as it may deem necessary or desirable to

protect health or to minimize danger to life or property, and in

connection with the disposal or storage of such byproduct material;

and

(2) make such studies and inspections and to conduct such

monitoring as may be necessary.

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 42 tUSC 2282. manner and in the same amount as violations subject to a civil penalty

under section 234.

Nothing in this section affects any authority of the Commission under

any other provision of this Act.

42 USC 2111. (b) The first sentence of section 81 of the Atomic Energy Act of

42 USC 2112. 1954, is amended to read as follows: No person may transfer or receive

in interstate commerce, manufacture, produce, transfer, acquire, own,

possess, import, or export any byproduct material, except to the extent

authorized by this section, section 82 or section 84.

"

1

Public Law 97-415, section 19, 96 Stat. 2067 (1983), added this language.
Uranium Mill Tailines Radiation Control Act (P.L. 95-604) 517

Supra. (c) The table of content for such chapter 8 is amended by inserting the

following new item after the item relating to section 83:

Sec. 84. Authorities of Commission respecting certain byproduct

material.

See. 206. Authority Of Environmental Protection Agency Respecting

Certain Byproduct Material

(a) Chapter 19 of the Atomic Energy Act of 1954, is amended by

inserting after section 274 the following new section:

42 USC 2022. Sec. 275. Health And Environmental Standards For Uranium Mill

Tailings.-

Rule, a. As soon as practicable, but not later than one year after the date of

enactment of this section, the Administrator of the Environmental

Protection Agency (hereinafter referred to in this section as the

"Administrator") shall, by rule, promulgate standards of general

application (including standards applicable to licenses under section

104(h) of the Uranium Mill Tailings Radiation Control Act of 1978) for

the protection of the public health, safety, and the environment from

radiological and nonradiological hazards associated with residual

radioactive materials (as defined in section 101 of the Uranium Mill

Tailings Radiation Control Act of 1978) located at inactive uranium mill

tailings sites and depository sites for such materials selected by the

42 USC 6901 Secretary of Energy, pursuant to title I of the Uranium Mill Tailing

note. Radiation Control Act of 1978. Standards promulgated pursuant to this

subsection shall, to the maximum extent practicable, be consistent with

the requirements of the Solid Waste Disposal Act, as amended. The

Administrator may periodically revise any standard promulgated

pursuant to this subsection.

42 USC 2014. b. (1) As soon as practicable, but not later than eighteen months after

Rule. the enactment of this section, the Administrator shall, by rule,

promulgate standards of general application for the protection of the

public health, safety, and the environment from radiological and

nonradiological hazards associated with the processing and with the

possession, transfer, and disposal of byproduct material, as defined in

section I le.(2) of this Act, at sites at which ores are processed primarily

for their source material content or which are used for the disposal of

such byproduct material.

(2) Such generally applicable standards promulgated pursuant to

this subsection for nonradiological hazards shall provide for the

protection of human health and the environment consistent with the

standards required under subtitle C of the Solid Waste Disposal Act,

as amended, which are applicable to such hazards: Provided,

however, That no permit issued by the Administrator is required

under this Act or the Solid Waste Disposal Act, as amended, for the

processing, possession, transfer, or disposal of byproduct material, as

defined in section l le.(2) of this Act. The Administrator may

periodically revise any standard promulgated pursuant to this

42 USC 2021. 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

I I e.(2) or any revision thereof.
518 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

Notice. hearing c. (1) Before the promulgation of any rule pursuant to this section, the

opportunity. Administrator shall publish, the proposed rule in the Federal Register,

Publication in together with a statement of the research, analysis, and other available

Federal information in support of such proposed rule, and provide a period of

Rtegister. public comment of at least thirty days for written comments thereon and

an opportunity, after such comment period and after public notice, for

any interested person to present oral data, views, and arguments at a

public hearing. There shall be a transcript of any such hearing. The

Consultation. Administrator shall consult with the Commission and the Secretary of

Energy before promulgation of any such rule.

Judicial (2) Judicial review of any rule promulgated under this section

Review. may be obtained by any interested person only upon such person

tiling a petition for review within sixty days after such promulgation

in the United States court of appeals for the Federal judicial circuit in

which such person resides or has his principal place of business. A

copy of the petition shall be forthwith transmitted by the clerk of

court to the Administrator. The Administrator thereupon shall file in

the court the written submissions to, and transcript of, the written or

oral proceedings on which such rule was based as provided in section

5 UJSC 701 et 2 112 of title 28, United States Code. The court shall have jurisdiction

seq. 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 202l1. 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.

33 USC 1251 e. Nothing in this Act applicable to byproduct material, as defined in

note. section I le.(92) of this Act, shall affect the authority of the

42 USC 2014. Administrator under the Clean Air Act of 1970, as amended, or the

42 UJSC 7401 Federal Water Pollution Control Act, as amended.

note. (b) The table of contents for chapter 19 of the Atomic Energy Act is

42 UISC 2018 et amended by inserting the following new item after the item relating to

seq. section 274:

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

Sec. 207. Authorization of Appropriation for Grants

There is hereby authorized to be appropriated for fiscal year 1980 to

the Nuclear Regulatory Commission not to exceed $500,000 to be used

for making grants to States which have entered into agreements with the

Commission under section 274 of the Atomic Energy Act of 1954, to aid

in the development of State regulatory programs under such section

which implement the provisions of this Act.

42 USC 2014 Sec. 208. Effective Date

note. Except as otherwise provided in this title the amendments made by

this title shall take effect on the date of the enactment of this Act.
Uranium Mill Tailines Radiation Control Act (P.L. 95-604) 519

42 USC 2011 See. 209. Consolidation Of Licenses And Procedures

note. The Regulatory Commission shall consolidate, to the maximum

extent practicable, licenses and licensing procedures under amendments

42 USC 2113 made by this title with licenses and licensing procedures under other

note. authorities contained in the Atomic Energy Act of 1954.

Title Ill-Study And Designation Of Two Mill Tailings Sites In

New Mexico

42 USC 7941. See. 301. Study

The Commission, in consultation with the Attorney General and the

Attorney General of the State of New Mexico, shall conduct a study to

determine the extent and adequacy of the authority of the Commission

and the State of New Mexico to require, under the Atomic Energy Act of

1954 (as amended by title 11 of this Act) or under State authority as

42 USC 2021. permitted under section 274 of such Act or under other provision of law,

the owners of the following active uranium mill sites to undertake

appropriate action to regulate and control all residual radioactive

materials at such sites to protect public health, safety, and the

environment: the former Homestake- New Mexico Partners site near

Milan, New Mexico, and the Anaconda carbonate process tailing site

Reporl to near Bluewater, New Mexico. Such study shall be completed and a

Congress. report thereof submitted to the Congress and to the Secretary within one

year after enactment of this Act, together with such recommendations as

may be appropriate. If the Commission determines that such authority is

not adequate to regulate and control such materials at such sites in the

manner provided in the first sentence of this section, the Commission

shall include in the report a statement of the basis for such determination.

Nothing in this Act shall be construed to prevent or delay action by a

State as permitted under section 274 of the Atomic Energy Act of 1954

or under any other provision of law or by the Commission to regulate

such residual radioactive materials at such sites prior to completion of

such study.

42 USC 7942. Sec. 302. Designation By Secretary

(a) Within ninety days from the date of his receipt of the report and

recommendations submitted by the Commission under section 301,

notwithstanding the limitations contained in section 301, notwithstanding

the limitations contained in section 101(6)(A) and in section 115(a), if

the Commission determines, based on such study, that such sites cannot

be regulated and controlled by the State or the Commission in the manner

described in section 301, the Secretary may designate either or both of

the sites referred to in section 301 as a processing site for purposes of

title I. Following such designation, the Secretary may enter into

cooperative agreements with New Mexico to perform remedial action

pursuant to such title concerning only the residual radioactive materials

at such site resulting from uranium produced for sale to a Federal agency

Submittal to prior to January 1, 1971, under contract with such agency. Any such

congressional designation shall be submitted by the Secretary, together with his

comlittecs, estimate of the cost of carrying out such remedial action at the designated site, to the Committee on Interior and Insular Affairs and the Committee

on Interstate and Foreign Commerce of the House of Representatives and

to the Committee on Energy and Natural Resources of the Senate.

(b)( I) No designation under subsection (a) shall take effect before the

expiration of one hundred and twenty calendar days (not including any

day in which either House of Congress is not in session because of an

adjournment of more than three calendar days to a day certain or an
520 Uranium Mill Tailings Radiation Control Act (P.L. 95-604)

adjournment sine die) after receipt by such Committees of such

designation.

(c) Except as otherwise specifically provided in subsection (a), any

remedial action under title I with respect to any sites designated under

this title shall be subject to the provisions of title I (including the

authorization of appropriations referred to in section 1 12(b)).
Pertinent Provisions-Energy Policy Act of 1992 (P.L. 102-486) 521

B. PERTINENT PROVISIONS OF THE ENERGY POLICY

ACT OF 1992---REMEDIAL ACTION AND URANIUM

REVITALIZATION)

Public Law 102-486 106 Stat. 2946

October 24, 1992

Title X - Remedial Action And Uranium Revitalization

42 USC 2296a.

Subtitle A - Remedial Action At Active Processing Sites

See. 1001. Remedial Action Program

(a) IN GENERAL. Except as provided in subsection (b), the costs of

decontamination, decommissioning, reclamation, and other remedial

action at an active uranium or thorium processing site shall be borne by

persons licensed under section 62 or 81 of the Atomic Energy Act of

1954 (42 U.S.C. 2091, 2111) for any activity at such site which results or

has resulted in the production of byproduct material.

(b) REIMBURSEMENT-

(1) IN GENERAL-The Secretary of Energy shall, subject to

paragraph (2), reimburse at least annually a licensee described in

subsection (a) for such portion of the costs described in such

subsection as are-

(A) determined by the Secretary to be attributable to

byproduct material generated as an incident of sales to the United

States; and

(B) either-

(i) incurred by such licensee not later than December 3 1,

2007; or

(ii) incurred by a licensee afler December 31, 2007, in

accordance with a plan for subsequent decontamination,

decommissioning, reclamation, and other remedial action

approved by the Secretary.'

(2) AMOUNT.-

(A) To Individual Active Site Uranium Licensees.-The

amount of reimbursement paid to any licensee under paragraph (I) shall be determined by the Secretary in accordance with

regulations issued pursuant to section 2296a-I of this title and, for

uranium mill tailings only, shall not exceed an amount equal to

$6.25 multiplied by the dry short tons of byproduct material

located on October 24, 1992 at the site of the activities of such

licensee described in subsection (a) of this section, and generated

as an incident of sales to the United States.2

(B) TO ALL ACTIVE SITE URANIUM LICENSEESPayments made under paragraph (1) to active site uranium

licensees shall not in the aggregate exceed $350,000,000.3

'As amended, Public Law 104-259, section 3(a), 110 Stat. 3173 (1996); Public Law 105-388, section 11(a), 112 Stat. 3484 (1998); Public Law 106-317, section I, 114 Stat. 1277 (2000). 2

As amended. Public Law 104-259, section 3(a), 110 Stat. 3173 (1996); Public Law 105-388, section 1l(a), 112 Stat. 3484 (1998); Public law 106-317, section I, 114 Stat. 1277 (2000).

'As amended, Public Law 104-259, section 3(a), 110 Stat. 3173 (1996); Public Law 105-388, section 11(a),

112 Stat. 3484 (1998); Public Law 106-317, section I, 114 Stat. 1277 (2000).
522 Pertinent Provisions-Energy Policy Act of 1992 (P.L. 102-486)

(C) TO THORIUM LICENSEES-Payments made under

paragraph (I) to the licensee of the active thorium site shall not

exceed $ 365,000,000, and may only be made for off-site

disposal. Such payments shall not exceed the following amounts:

(i) $ 90,000,000 in fiscal year 2002.

(ii) $ 55,000,000 in fiscal year 2003.

(iii) $ 20,000,000 in fiscal year 2004.

(iv) $ 20,000,000 in fiscal year 2005.

(v) $ 20,000,000 in fiscal year 2006.

(vi) $ 20,000,000 in fiscal year 2007.4

(D) INFLATION ESCALATION INDEX-The amounts in

subparagraphs (A), (B), and (C) of this paragraph shall be

increased annually based upon an inflation index. The Secretary

shall determine the appropriate index to apply.

(E) ADDITIONAL REIMBURSEMENT-

(i) DETERMINATION OF EXCESS-The Secretary shall

determine as of July 31, 2005, whether the amount authorized

to be appropriated pursuant to section 1003, when considered

with the $6.255 per dry short ton limit on Reimbursement,

exceeds the amount reimbursable to the licensees under

subsection (b)(2).

(ii) IN THE EVENT OF EXCESS-If the Secretary

determines under clause (i) that there is an excess, the

Secretary may allow reimbursement in excess of $6.25 per dry

short ton on a prorated basis at such sites where the costs

reimbursable under subsection (b)(1) of this section exceed the

$6.25 per dry short ton limitation described in paragraph (2) of

such subsection. 6

(3) BYPRODUCT LOCATION-Notwithstanding the requirement

of paragraph (2)(A) that byproduct material be located at the site on

the date of the enactment of this Act, byproduct material moved from

the site of the Edgemont Mill to a disposal site as the result of the

decontamination, decommissioning, reclamation, and other remedial

action of such mill shall be eligible for reimbursement to the extent

eligible under paragraph (I).

See. 1002. Regulations

Within 180 days of the date of the enactment of this Act, the

Secretary shall issue regulations government reimbursement under

section 1001. An active uranium or thorium processing site owner shall

apply for reimbursement hereunder by submitting a request for the

amount of reimbursement together with reasonable documentation in

support thereof, to the Secretary. Any such request for reimbursement,

supported by reasonable documentation, shall be approved by the

Secretary and reimbursement therefor shall be made in a timely manner

subject only to the limitations of section 1001.

42 USC 2296a-1.

4

AS amended, Public Law 104-259, section 3(a), 110 Stat. 3173 (1996); Public Law 105-388, section;

P.L 107-222, § I(a), rewrote subparagraph (C), which formerly read: "(C) To thorium licensees--"Payments

made under paragraph (1) to the licensee of the active thorium site shall not exceed $140,000,000 and may

only be made for off-site disposal."

'As amended, Public Law 104-259, section 3(a), 110 Stat. 3173 (1996); Public Law 105-388, section I(a),

6112 Stat. 3484 (1998). Public Law 106-317, section t, 114 Stat. 1277 (2000). As amended, Public Law 104-259, section 3(a), 110 Stat. 3173 (1996); Public Law 105-388, section 11(a),

112 Stat. 3484 (1998); Public Law 106-317, section 1, 114 Stat. 1277 (2000).
Pertinent Provisions-Energy Policy Act of 1992 (P.L. 102-486) 523

42 USC 2296a-2.

42 USC 2296a-3.

42 USC 2296b.

Sec. 1003. Authorization Of Appropriations

(a) IN GENERAL-There is authorized to be appropriated

$715,000,000 to carry out this part. The aggregate amount authorized in

the preceding sentence shall be increased annually as provided in section

2296a of this title, based upon an inflation index to be determined by the

Secretary.7

(b) SOURCE.-Funds described in subsection (a) shall be provided

from the Fund established under section 1801 of the Atomic Energy Act

of 1954.

Sec. 1004. Definitions

For purposes of this subtitle:

(1) The term "active uranium or thorium processing site" means-

(A) any uranium or thorium processing site, including the mill

containing byproduct material for which a license (issued by the

Nuclear Regulatory Commission or its predecessor agency under

the Atomic Energy Act of 1954, or by a State as permitted under

section 274 of such Act (42 U.S.C. 2021)) for the production at

such site of any uranium or thorium derived from ore-

(i) was in effect on January 1, 1978;

(ii) was issued or renewed after January 1, 1978; or

(iii) for which an application for renewal or issuance was

pending on, or after January 1, 1978; and

(B) any other real property or improvement on such real property

that is determined by the Secretary or by a State as permitted under

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

be-

(i) in the vicinity of such site; and

(ii) contaminated with residual byproduct material;

(2) The term "byproduct material" has the meaning given such

term in section 1 le.(2) of the Atomic Energy Act of 1954, (42 U.S.C.

2014(e)(2)); and

(3) The term "decontamination, decommissioning, reclamation,

and other remedial action" means work performed prior to or

subsequent to the date of the enactment of this Act which is necessary

to comply with all applicable requirements of the Uranium Mill

Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et. seq.), or

where appropriate, with requirements established by a State that is a

party to a discontinuance agreement under section 274 of the Atomic

Energy Act of 1954 (42 U.S.C. 2021).

Subtitle B-Uranium Revitalization

Sec. 1011. Overfeed Program

(a) URANIUM PURCHASES-To the maximum extent permitted by

sound business practice, the Corporation shall purchase uranium in

accordance with subsection (b) and overfeed it into the enrichment

process to reduce the amount of power required to produce the enriched

uranium ordered by enrichment services customers, taking into account

costs associated with depleted tailings.

(b) USE OF DOMESTIC URANIUM-Uranium purchased by the

Corporation for purposes of this section shall be of domestic origin and

purchased from domestic uranium producers to the extent permitted

7

As amended by Public Law 104-259, section 3(b), 110 Stat. 3174 (1996); Public Law 105-388, section 1 l(b),

112 Stat. 3485, Nov. 13, 1998; P.L. 107-222, section 1(b), struck out "$490,000,000" and inserted

"$715,000,000."
42 USC 2296b-I.

42 USC 2296b-2.

42 USC 2296b-3.

42 USC 2296b-4.

524 Pertinent Provisions-Energy Policy Act of 1992 (P.L. 102-486)

under the multilateral trade agreements (as defined in section 2(4) of the

Uruguay Round Agreements Act and the North American Free Trade

Agreement.

Sec. 1012. National Strategic Uranium Reserve

There is hereby established the National Strategic Uranium Reserve

under the direction and control of the Secretary. The Reserve shall

consist of natural uranium and uranium equivalents contained in

stockpiles or inventories currently held by the United States for defense

purposes. Effective on the date of the enactment of this Act and for 6

years thereafter, use of the Reserve shall be restricted to military

purposes and government research. Use of the Department of Energy's

stockpile of enrichment tails existing on the date of the enactment of this

Act shall be restricted to military purposes for 6 years thereafter.

Sec. 1013. Sale Of Remaining DOE Inventories

The Secretary, after making the transfer required under section 1407

of the Atomic Energy Act of 954, may sell, from time to time, portions

of the remaining inventories of raw or low-enriched uranium of the

Department that are not necessary to national security needs, to the

Corporation, at a fair market price. Sales under this section may be made

only if such sales will not have a substantial adverse impact on the

domestic uranium mining industry. Proceeds from sales under this

subsection shall be deposited into the general fund of the United States

Treasury.

See. 1014. Responsibility For The Industry

(a) CONTINUING SECRETARIAL RESPONSIBILITY-The

Secretary shall have a continuing responsibility for the domestic uranium

industry to encourage the use of domestic uranium. The Secretary, in

fulfilling this responsibility, shall not use any supervisory authority over

the Corporation. The Secretary shall report annually to the appropriate

committees of Congress on action taken with respect to the domestic

uranium industry, including action to promote the export of domestic

uranium pursuant to subsection (b).

(b) ENCOURAGE EXPORT.-The Department, with the cooperation

of the Department of Commerce, the United States Trade Representative

and other governmental organization, shall encourage the export of

domestic uranium. Within 180 days after the date of the enactment of

this Act, the Secretary shall develop recommendations and implement

government programs to promote the export of domestic uranium.

Sec. 1015. Annual Uranium Purchase Reports

(a) IN GENERAL-By January I of each year, the owner or operator

of any civilian nuclear power reactor shall report to the Secretary, acting

through the Administrator of the Energy Information Administration, for

activities of the previous fiscal year-

(I) the country of origin and the seller of any uranium or enriched

uranium purchased or imported into the United States either directly

or indirectly by such owner or operator, and

(2) the country of origin and the seller of any enrichment services

purchased by such owner or operator.

(b) CONGRESSIONAL ACCESS-The information provided to the

Secretary pursuant to this section shall be made available to the Congress

by March 1 of each year.

'Public Law 102-486, Title X, section 1011, 106 Stat. 2948 (1992); Public Law 106-36, Title I,

section 1002(g)(l), 113 Stat. 133 (1999).
42 1ISC 2296b-5.

42 UISC 2296b-6.

42 USC 2296b-7.

Pertinent Provisions-Energy Policy Act of 1992 (P.L. 102-486) 525

Sec. 1016. Uranium Inventory Study

Within one year after the date of the enactment of this Act, the

Secretary shall submit to the Congress a study and report that includes-

(1) a comprehensive inventory of all Government owned uranium

or uranium equivalents, including natural uranium, depleted tailings,

low-enriched uranium, and highly enriched uranium available for

conversion to commercial use;

(2) a plan for the conversion of inventories of foreign and

domestic highly enriched uranium to low-enriched uranium for

commercial use;

(3) an estimation of the potential need of the United States for

inventories of highly enriched uranium;

(4) an analysis and summary of technological requirements and

costs associated with converting highly enriched uranium to lowenriched uranium, including the construction of facilities if necessary;

(5) an estimation of potential net proceeds from the conversion

and sale of highly enriched uranium;

(6) recommendations for implementing a plan to convert highly

enriched uranium to low-enriched uranium; and

(7) recommendations for the future use and disposition of such

inventories.

Sec. 1017. Regulatory Treatment Of Uranium Purchases.

(a) ENCOURAGEMENT-The Secretary shall encourage States and

utility regulatory authorities to take into consideration the achievement

of the objectives and purposes of this subtitle, including the national need

to avoid dependence on imports, when considering whether to allow the

owner or operator of any electric power plant to recover in its rates and

charges to customers any cost of purchase of domestic uranium, enriched

uranium, or enrichment services from a non-affiliated seller greater than

the cost of non-domestic uranium, enriched uranium or enrichment

services.

.(b) REPORT.-Within I year after the date of the enactment of this

Act, and annually thereafter, the Secretary shall report to the Congress on

the progress of the Secretary in encouraging actions by State regulatory

authorities pursuant to subsection (a). Such report shall include detailed

information on programs initiated by the Secretary to encourage

appropriate State regulatory action and recommendations, if any, on

further action that could be taken by the Secretary, other Federal

agencies, or the Congress in order to further the purposes of this subtitle.

(c) SAVINGS PROVISION.-This section may not be construed to

authorize the Secretary to take any action in violation of the multilateral

trade agreements (as defined in section 2(4) of the Uruguay Round

Agreements Act) or the North American Trade Agreement.9

Sec. 1018. Definitions

For purposes of this subtitle:

(1) The term "Corporation" means the United States Enrichment

Corporation established under section 1301 of the Atomic Energy Act

of 1954, as added by this Act or its successor.' 1

0

(2) The term "country of origin" means-

"As amended, Public Law 106-36, Title I, section 1002(g)(2), (113 Stat. 133 (1999). "As amended by Public Law 104-134, Title 111, Ch. I, Subch. A, section 3117(b), 110 Stat. 1321-350 (1996)

tadded "or its successor").

'As amended, Public Law 104-134, Title III, section 3117(b), 110 Sat. 1321-350 (1996).
526 Pertinent Provisions-Energy Policy Act of 1992 (P.L. 102-486)

(A) with respect to uranium, that country where the uranium

was mined;

(B) with respect to enriched uranium, that country where the

uranium was mined and enriched; or

(C) with respect to enrichment services, that country where the

enrichment services were performed.

(3) The term "domestic origin" refers to any uranium that has

been mined in the United States including uranium recovered from

uranium deposits in the United States by underground mining, openpit mining, strip mining, in situ recovery, leaching, and ion recovery,

or recovered from phosphoric acid manufactured in the United States.

(4) The term "domestic uranium producer" mans a person or

entity who produces domestic uranium and who has, to the extent

required by State and Federal agencies having jurisdiction, licenses

and permits for the operation, decontamination, decommissioning,

and reclamation of sites, structures and equipment.

(5) The term "non-affiliated" refers to a seller who does not

control, and is not controlled by or under common control with the

buyer.

(6) The term 'overfeed" means to use uranium in the enrichment

process in excess of the amount required at the transactional tails

assay.

(7) The term "utility regulatory authority" means any State agency

or Federal agency that has ratemaking authority with respect to the

sale of electric energy by an electric utility or independent power

producer. For purposes of this paragraph, the terms "electric utility",

"State agency", "Federal agency", and "ratemaking authority" have

the respective meanings given such terms in section 3 of the Public

Utility Regulatory Policies Act of 1978.
Nat. Def. Auth. FY 2001 (Actions at Moab) (P.L. 106-398) 527

C. NATIONAL DEFENSE AUTHORIZATION FISCAL

YEAR 2001--(PROVISIONS PERTAINING TO REMEDIAL

ACTION AT MOAB SITE)

Public Law 106-398 114 Stat. 1654A-484

October 30, 2000

Title XXXIV-Naval Petroleum Reserves

IOUSC 7420 See. 3403. Disposal Of Oil Shale Reserve Numbered 2

note. (a) Transfer to Indian Tribe.--Section 3405 of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 ( 10 U.S.C.

7420 note: Public Law 105-261) is amended to read as follows:

"Sec. 3405. Disposal of Oil Shale Reserve Numbered 2

(i)Remedial action at Moab site.

(1)(A) The Secretary of Energy shall prepare a plan for

remediation, including ground water restoration, of the Moab site

in accordance with title I of the Uranium Mill Tailings Radiation

Control Act of 1978 (42 U.S.C. 791 Iet seq.). The Secretary of

Energy shall enter into arrangements with the National Academy

of Sciences to obtain the technical advice, assistance, and

recommendations of the National Academy of Sciences in

objectively evaluating the costs, benefits, and risks associated

with various remediation alternatives, including removal or

treatment of radioactive or other hazardous materials at the site,

ground water restoration, and long-term management of residual

contaminants. If the Secretary prepares a remediation plan that is

not consistent with the recommendations of the National

Academy of Sciences, the Secretary shall submit to Congress a

report explaining the reasons for deviation from the National

Academy of Sciences' recommendations.

(B) The remediation plan required by subparagraph (A) shall

be completed not later than one year after the date of the

enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 [enacted Oct. 30, 2000],

and the Secretary of Energy shall commence remedial action at

the Moab site as soon as practicable after the completion of the

plan.

(C) The license for the materials at the Moab site issued by the

Nuclear Regulatory Commission shall terminate one year after

the date of the enactment of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 [enacted Oct. 30,

2000], unless the Secretary of Energy determines that the license

may be terminated earlier. Until the license is terminated, the

Trustee, subject to the availability of funds appropriated
528 Nat. Def. Auth. FY 2001 (Actions at Moab) (P.L. 106-398)

specifically for a purpose described in clauses (i) through (iii) or

made available by the Trustee from the Moab Mill Reclamation

Trust, may carry out-

(i) interim measures to reduce or eliminate localized high

ammonia concentrations in the Colorado River, identified by

the United States Geological Survey in a report dated March

27, 2000;

(ii) activities to dewater the mill tailings at the Moab site;

and

(iii) other activities related to the Moab site, subject to the

authority of the Nuclear Regulatory Commission and in

consultation with the Secretary of Energy.

(D) As part of the remediation plan for the Moab site required

by subparagraph (A), the Secretary of Energy shall develop, in

consultation with the Trustee, the Nuclear Regulatory

Commission, and the State of Utah, an efficient and legal means

for transferring all responsibilities and title to the Moab site and

all the materials therein from the Trustee to the Department of

Energy.

(2) The Secretary of Energy shall limit the amounts expended in

carrying out the remedial action under paragraph (1) to-

(A) amounts specifically appropriated for the remedial

action in an appropriation Act; and

(B) other amounts made available for the remedial action

under this subsection.

(3)(A) The royalty payments received by the Secretary of Energy

under subsection (e) shall be available to the Secretary, without

further appropriation, to carry out the remedial action under

paragraph (1) until such time as the Secretary determines that all

costs incurred by the United States to carry out the remedial

action (other than costs associated with long-term monitoring)

have been paid.

(B) Upon making the determination referred to in

subparagraph (A), the Secretary of Energy shall transfer all

remaining royalty amounts to the general fund of the Treasury

and release to the Tribe the royalty interest retained by the United

States under subsection (e).

(4)(A) Funds made available to the Department of Energy for

national security activities shall not be used to carry out the

remedial action under paragraph (I), except that the Secretary of

Energy may use such funds for program direction directly related

to the remedial action.

(B) There are authorized to be appropriated to the

Secretary of Energy to carry out the remedial action under

paragraph (1) such sums as are necessary.

(5) If the Moab site is sold after the date on which the Secretary of

Energy completes the remedial action under paragraph (I), the

seller shall pay to the Secretary of Energy, for deposit in the

general fund of the Treasury, the portion of the sale price that the

Secretary determines resulted from the enhancement of the value

of the Moab site as a result of the remedial action. The enhanced

value of the Moab site shall be equal to the difference between-

(A) the fair market value of the Moab site on the date of

enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 [enacted Oct. 30, 2000],

based on information available on that date; and
Nat. Def. Auth. FY 2001 (Actions at Moab) (P.L. 106-398) 529

(B) the fair market value of the Moab site, as appraised on

completion of the remedial action.

(6)(A) Not later than October 1,2019, the Secretary of Energy shall

complete remediation at the Moab site and removal of the tailings

to the Crescent Junction site in Utah.

(B) In the event the Secretary of Energy is unable to

complete remediation at the Moab Site by October 1, 2019, the

Secretary shall submit to Congress a plan setting forth the

projected completion date and the estimated funding to meet the

revised date. The Secretary shall submit the plan, if required, to

Congress not later than October 2, 2019.'

(b) URANIUM MILL TAILINGS-Section 102 of the Uranium Mill

Tailings Radiation Control Act of 1978 (42 USC 7912) is amended by

adding at the end the following new subsection:

"(f) DESIGNATION OF MOAB SITE AS PROCESSING SITE-

(I) DESIGNATION-Notwithstanding any other provision of

law, the Moab uranium milling site (referred to in this subsection

as the 'Moab site') located approximately three miles northwest

of Moab, Utah, and identified in the Final Environmental Impact

Statement issued by the Nuclear Regulatory Commission in

March 1996 in conjunction with Source Materials License No.

SUA-917, is designated as a processing site.

(2) APPLICABILITY-This title applies to the Moab site in

the same manner and to the same extent as to other processing

sites designated under subsection (a), except that-

(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of this

title shall not apply; and

(B) a reference in this title to the date of the enactment of

this Act shall be treated as a reference to the date of the

enactment of this subsection.

(3) REMEDIATION-Subject to the availability of

appropriations for this purpose, the Secretary shall conduct

remediation at the Moab site in a safe and environmentally sound

manner that takes into consideration the remedial action plan

prepared pursuant to section 3405(i) of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (10

USC 7420 note; Public Law 105-261), including-

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, for

permanent disposition and any necessary stabilization, of

residual radioactive material and other contaminated material

from the Moab site and the floodplain of the Colorado River.".

(c) CONFORMING AMENDMENT-Section 3406 of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999 (10

USC 7420 note; Public Law 105-26 1) is amended by adding at the end

the following new subsection:

(f) Oil Shale Reserve Numbered 2.-This section does

not apply to the transfer of Oil Shale Reserve Numbered 2 under

section 3405.".

'P.L. 110-181, Div. C, Title XXXIV, § 3402, 122 Stat. 590 (2008), added subsections (6)(A) and (6)(B).

NRC FORM 335 U.S. NUCLEAR REGULATORY COMMISSION 1. REPORT NUMBER (12-2010) (Assigned by NRC, Add Vol., Supp., Rev.. NRCMD 3.7 and Addendum Numbers. If any.)

BIBLIOGRAPHIC DATA SHEET NUREG 0980 isa nIstrAcIoflo an the rev e) Vol. 1, No. 9

2 TITLE AND SUBTITLE 3. DATE REPORT PUBLISHED

Nuclear Regulatory Legislation MONTH YEAR

111th Congress, 2nd Session February 2011

4. FIN OR GRANT NUMBER

5. AUTHOR(S) 6. TYPE OF REPORT

Compilation of Nuclear Legislation

7. PERIOD COVERED IfiCncv eOameC)

Through the 11 1th Con. (12/10)

8 PERFORMING ORGANIZATION -NAME AND ADDRESS (ifNRC, provideDwsion, OfficeorRegon. U.S Nuclea Regulatory Cormmision. and maglng addres: aconracor.

prOrde name and reahng address )

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington D.C. 20555-0001

9. SPONSORING ORGANIZATION - NAME AND ADDRESS fit ARC. type 'Same as above"; tt contractor, provide ARC D-won Offce or Region. U.S Nuw/ear Regulatory Commnsvon.

and reading address I

Same as 8 above

10. SUPPLEMENTARY NOTES

11. ABSTRACT (200 vods orlees)

This document is a compilation of nuclear regulatory legislation and other relevant material through the 111th Congress, 2nd

Session. This compilation has been prepared for use as a resource document, whi ch 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 WORDSIDESCRIPTORS (lUst worls or phrases that eg assist researchea in looalirg the rport 1 13 AVAILABILITY STATEMENT

Nuclear Regulatory Legislation; Atomic Energy Act: Energy Reorganization Act; N uclear Waste Policy unlimited

Act; NRC Authorization and Appropriation Acts; Statutes; Treaties; Agrements on Export Licensing and 14. SECURITY CLASSIFICATION

Non-Proliferation. (This Page)

unclassified

(Trhi Report)

unclassified

1S. NUMBER OF PAGES

16. PRICE

NRC FORM 335 (12-2010)

Gge U.S. GOVERNMENT PRINTING OFFICE: 2011-367-470




Commissioner Tenure

Atomic Energy Act of 1954, as Amended

Energy Reorganization Act of 1974, as Amended

Reorganization Plan of 1980 and Other Documents

Pertaining to NRC Jurisdiction

Low-Level Radioactive Waste

High-Level Radioactive Waste

Uranium Mill Tailings