dreamproit/uscode huggingface dataset:
42 U.S.C. § 2296a–2 (THE PUBLIC HEALTH AND WELFARE)
§ 2296a–2. 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.
(b) Source
Funds described in subsection (a) shall be provided from the Fund established under section 2297g of this title.
(Pub. L. 102–486, title X, § 1003, Oct. 24, 1992, 106 Stat. 2947; Pub. L. 104–259, § 3(b), Oct. 9, 1996, 110 Stat. 3174; Pub. L. 105–388, § 11(b), Nov. 13, 1998, 112 Stat. 3485; Pub. L. 107–222, § 1(b), Aug. 21, 2002, 116 Stat. 1336.)
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–222 substituted “$715,000,000” for “$490,000,000”.
1998—Subsec. (a). Pub. L. 105–388 substituted “$490,000,000” for “$415,000,000”.
1996—Subsec. (a). Pub. L. 104–259 substituted “$415,000,000” for “$310,000,000”.
42 U.S.C. § 2296b (THE PUBLIC HEALTH AND WELFARE)
§ 2296b. Overfeed program
(a) Uranium purchases
To the maximum extent permitted by sound business practice, the Corporation shall purchase uranium in accordance with subsection (b) and overfeed it into the enrichment process to reduce the amount of power required to produce the enriched uranium ordered by enrichment services customers, taking into account costs associated with depleted tailings.
(b) Use of domestic uranium
Uranium purchased by the Corporation for purposes of this section shall be of domestic origin and purchased from domestic uranium producers to the extent permitted under the multilateral trade agreements (as defined in section 3501(4) of title 19) and the North American Free Trade Agreement.
(Pub. L. 102–486, title X, § 1011, Oct. 24, 1992, 106 Stat. 2948; Pub. L. 106–36, title I, § 1002(g)(1), June 25, 1999, 113 Stat. 133.)
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
heading: Amendments
text: 1999—Subsec. (b). Pub. L. 106–36 substituted “multilateral trade agreements (as defined in section 3501(4) of title 19) and the North American Free Trade Agreement” for “General Agreement on Tariffs and Trade and the United States-Canada Free Trade Agreement”.
42 U.S.C. § 2296b–3 (THE PUBLIC HEALTH AND WELFARE)
§ 2296b–3. 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 organizations, shall encourage the export of domestic uranium. Within 180 days after October 24, 1992, the Secretary shall develop recommendations and implement government programs to promote the export of domestic uranium.
(Pub. L. 102–486, title X, § 1014, Oct. 24, 1992, 106 Stat. 2949.)
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2296b–6 (THE PUBLIC HEALTH AND WELFARE)
§ 2296b–6. 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 part, including the national need to avoid dependence on imports, when considering whether to allow the owner or operator of any electric power plant to recover in its rates and charges to customers any cost of purchase of domestic uranium, enriched uranium, or enrichment services from a non-affiliated seller greater than the cost of non-domestic uranium, enriched uranium or enrichment services.
(b) Report
Within 1 year after October 24, 1992, 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 part.
(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 3501(4) of title 19) or the North American Free Trade Agreement.
(Pub. L. 102–486, title X, § 1017, Oct. 24, 1992, 106 Stat. 2950; Pub. L. 106–36, title I, § 1002(g)(2), June 25, 1999, 113 Stat. 133.)
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
heading: Amendments
text: 1999—Subsec. (c). Pub. L. 106–36 substituted “multilateral trade agreements (as defined in section 3501(4) of title 19) or the North American Free Trade Agreement” for “General Agreement on Tariffs and Trade or the United States-Canada Free Trade Agreement”.
42 U.S.C. § 2297f–1 (THE PUBLIC HEALTH AND WELFARE)
§ 2297f–1. Licensing of other technologies
(a) In general
Corporation facilities using alternative technologies for uranium enrichment, including AVLIS, shall be licensed under sections 2073, 2093, and 2243 of this title.
(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.
(Aug. 1, 1946, ch. 724, title II, § 1702, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2953; amended Pub. L. 104–134, title III, § 3116(b)(4), Apr. 26, 1996, 110 Stat. 1321–349.)
heading: References in Text
text: Section 5 of the Solar, Wind, Waste, and Geothermal Power Production Act of 1990, referred to in subsec. (b), is section 5 of Pub. L. 101–575, Nov. 15, 1990, 104 Stat. 2835, which enacted section 2243 of this title and amended sections 2014, 2061, 2201, and 2284 of this title.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–134 substituted “including” for “other than” and “sections 2073, 2093, and 2243” for “sections 2073 and 2093”.
heading: References to United States Enrichment Corporation
text: References to the Corporation, meaning the United States Enrichment Corporation, deemed, as of the privatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title.
42 U.S.C. § 2297h–6 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–6. Transfer of contracts
(a) Transfer of contracts
Concurrent with privatization, the Corporation shall transfer to the private corporation all contracts, agreements, and leases, including all uranium enrichment contracts, that were—
(1) transferred by the Secretary to the Corporation pursuant to section 2297c(b) of this title, or
(2) entered into by the Corporation before the privatization date.
(b) Nontransferable power contracts
The Corporation shall transfer to the private corporation the right to purchase power from the Secretary under the power purchase contracts for the gaseous diffusion plants executed by the Secretary before July 1, 1993. The Secretary shall continue to receive power for the gaseous diffusion plants under such contracts and shall continue to resell such power to the private corporation at cost during the term of such contracts.
(c) Effect of transfer
(1) Notwithstanding subsection (a), the United States shall remain obligated to the parties to the contracts, agreements, and leases transferred under subsection (a) for the performance of its obligations under such contracts, agreements, or leases during their terms. Performance of such obligations by the private corporation shall be considered performance by the United States.
(2) If a contract, agreement, or lease transferred under subsection (a) is terminated, extended, or materially amended after the privatization date—
(A) the private corporation shall be responsible for any obligation arising under such contract, agreement, or lease after any extension or material amendment, and
(B) the United States shall be responsible for any obligation arising under the contract, agreement, or lease before the termination, extension, or material amendment.
(3) The private corporation shall reimburse the United States for any amount paid by the United States under a settlement agreement entered into with the consent of the private corporation or under a judgment, if the settlement or judgment—
(A) arises out of an obligation under a contract, agreement, or lease transferred under subsection (a), and
(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.
(Pub. L. 104–134, title III, § 3108, Apr. 26, 1996, 110 Stat. 1321–339.)
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2297h–11 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–11. Low-level waste
(a) Responsibility of DOE
(1) The Secretary, at the request of the generator, shall accept for disposal low-level radioactive waste, including depleted uranium if it were ultimately determined to be low-level radioactive waste, generated by—
(A) the Corporation as a result of the operations of the gaseous diffusion plants or as a result of the treatment of such wastes at a location other than the gaseous diffusion plants, or
(B) any person licensed by the Nuclear Regulatory Commission to operate a uranium enrichment facility under sections 2073, 2093, and 2243 of this title.
(2) Except as provided in paragraph (3), the generator shall reimburse the Secretary for the disposal of low-level radioactive waste pursuant to paragraph (1) in an amount equal to the Secretary’s costs, including a pro rata share of any capital costs, but in no event more than an amount equal to that which would be charged by commercial, State, regional, or interstate compact entities for disposal of such waste.
(3) In the event depleted uranium were ultimately determined to be low-level radioactive waste, the generator shall reimburse the Secretary for the disposal of depleted uranium pursuant to paragraph (1) in an amount equal to the Secretary’s costs, including a pro rata share of any capital costs.
(4) In the event that a licensee requests the Secretary to accept for disposal depleted uranium pursuant to this subsection, the Secretary shall be required to take title to and possession of such depleted uranium at an existing DUF6 storage facility.
(b) Agreements with other persons
The generator may also enter into agreements for the disposal of low-level radioactive waste subject to subsection (a) with any person other than the Secretary that is authorized by applicable laws and regulations to dispose of such wastes.
(c) State or interstate compacts
Notwithstanding any other provision of law, no State or interstate compact shall be liable for the treatment, storage, or disposal of any low-level radioactive waste (including mixed waste) attributable to the operation, decontamination, and decommissioning of any uranium enrichment facility.
(Pub. L. 104–134, title III, § 3113, Apr. 26, 1996, 110 Stat. 1321–347; Pub. L. 108–447, div. C, title III, § 311, Dec. 8, 2004, 118 Stat. 2959.)
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
heading: Amendments
text: 2004—Subsec. (a)(4). Pub. L. 108–447, § 311, which directed the addition of par. (4) to subsec. (a) of section 3113 of Public Law 102–486 (42 U.S.C. 2297h–11), was executed by adding par. (4) to subsec. (a) of this section, which is section 3113 of Pub. L. 104–134, to reflect the probable intent of Congress.
42 U.S.C. § 2297h–12 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–12. 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 U.S.C. 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 U.S.C. 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.
(Pub. L. 104–134, title III, § 3114, Apr. 26, 1996, 110 Stat. 1321–348.)
heading: References in Text
text: The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to this chapter (§ 2011 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 17142 (THE PUBLIC HEALTH AND WELFARE)
§ 17142. Procurement and acquisition of alternative fuels
No Federal agency shall enter into a contract for procurement of an alternative or synthetic fuel, including a fuel produced from nonconventional petroleum sources, for any mobility-related use, other than for research or testing, unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel supplied under the contract must, on an ongoing basis, be less than or equal to such emissions from the equivalent conventional fuel produced from conventional petroleum sources.
(Pub. L. 110–140, title V, § 526, Dec. 19, 2007, 121 Stat. 1663.)
heading: Waiver Authority for Alternative Fuel Procurement Requirement
text: Pub. L. 114–328, div. A, title III, § 312, Dec. 23, 2016, 130 Stat. 2073, provided that:
“(a) In General.—
The Secretary of Defense may waive the requirement under section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) if the Secretary determines it is in the national security interest of the United States.
“(b) Notification Requirement.—
The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] not later than 15 days after exercising the waiver authority under subsection (a).”
46 U.S.C. § 51303 (SHIPPING)
§ 51303. Non-competitive appointments
The Secretary of Transportation may appoint each year without competition as cadets at the United States Merchant Marine Academy not more than 50 qualified individuals with qualities the Secretary considers to be of special value to the Academy. In making these appointments, the Secretary shall try to achieve a national demographic balance at the Academy.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, § 3516(a), Dec. 23, 2016, 130 Stat. 2789.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51303
46 App.:1295b(b) (3)(D).
June 29, 1936, ch. 858, title XIII, § 1303(b)(3)(D), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1999.
heading: Amendments
text: 2016—Pub. L. 114–328 substituted “50” for “40”.
46 U.S.C. § 51319 (SHIPPING)
§ 51319. Sexual assault response coordinators and sexual assault victim advocates
(a) Sexual Assault Response Coordinators.—
The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary.
(b) Volunteer Sexual Assault Victim Advocates.—
(1) In general.—
The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve as advocates for victims of sexual assaults involving cadets of the Academy or other Academy personnel.
(2) Training; other duties.—
Each victim advocate designated under this subsection shall—
(A) have or receive training in matters relating to sexual assault and the comprehensive policy developed under section 51318; and
(B) serve as a victim advocate voluntarily, in addition to the individual’s other duties as an employee of the Academy.
(3) Primary duties.—
While performing the duties of a victim advocate under this subsection, a designated employee shall—
(A) support victims of sexual assault by informing them of the rights and resources available to them as victims;
(B) identify additional resources to ensure the safety of victims of sexual assault; and
(C) connect victims of sexual assault to companions, as described in paragraph (4).
(4) Companions.—
(A) In general.—
At least 1 victim advocate designated under this subsection, or a sexual assault response coordinator designated under subsection (a), while performing the duties of a victim advocate, shall act as a companion to a victim described in paragraph (1) in navigating investigative, medical, mental, and emotional health, and recovery processes relating to sexual assault.
(B) Alternate victim advocates.—
If requested by the victim, an alternate victim advocate shall be designated under this subsection to act as a companion to the victim, as described in subparagraph (A).
(5) Hotline.—
The Secretary shall establish a 24-hour hotline through which the victim of a sexual assault described in paragraph (1) can receive victim support services.
(6) Formal relationships with other entities.—
The Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3), (4), and (5).
(Added Pub. L. 114–328, div. C, title XXXV, § 3511(a), Dec. 23, 2016, 130 Stat. 2785.)
46 U.S.C. § 55122 (SHIPPING)
§ 55122. Floating dry docks
(a) In General.—
Section 55102 of this title does not apply to the movement of a floating dry dock if—
(1) the floating dry dock—
(A) is being used to launch or raise a vessel in connection with the construction, maintenance, or repair of that vessel;
(B) is owned and operated by—
(i) a shipyard located in the United States that is an eligible owner specified under section 12103(b) of this title; or
(ii) an affiliate of such a shipyard; and
(C) was owned or contracted for purchase by such shipyard or affiliate prior to the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015; and
(2) the movement occurs within 5 nautical miles of the shipyard or affiliate that owns and operates such floating dry dock.
(b) Dry Docks for Construction of Certain Naval Vessels.—
(1) In general.—
In applying subsection (a) to a floating dry dock used for the construction of naval vessels in a shipyard located in the United States, the ownership and operation requirement in paragraph (1)(B) of that subsection shall be treated as satisfied and “December 19, 2017” shall be substituted for the date referred to in paragraph (1)(C) of that subsection if the Secretary of the Navy determines that—
(A) such dry dock is necessary for the timely completion of such construction; and
(B) such dry dock—
(i) is owned and operated by—
(I) a shipyard located in the United States that is an eligible owner specified under section 12103(b); or
(II) an affiliate of such a shipyard; or
(ii) is—
(I) owned by the State in which the shipyard is located or a political subdivision of that State; and
(II) operated by a shipyard located in the United States that is an eligible owner specified under section 12103(b).
(2) Notice to congress.—
Not later than 30 days after making a determination under paragraph (1), the Secretary of the Navy shall notify the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate of such determination.
(c) Definition.—
In this section, the term “floating dry dock” means equipment with wing walls and a fully submersible deck.
(Added Pub. L. 113–291, div. C, title XXXV, § 3502(a), Dec. 19, 2014, 128 Stat. 3904; amended Pub. L. 114–328, div. C, title XXXV, § 3508, Dec. 23, 2016, 130 Stat. 2780.)
heading: References in Text
text: The date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (a)(1)(C), is the date of enactment of Pub. L. 113–291, which was approved Dec. 19, 2014.
heading: Amendments
text: 2016—Subsecs. (b), (c). Pub. L. 114–328 added subsec. (b) and redesignated former subsec. (b) as (c).