CHAPTER 23-DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A-Atomic Energy

SUBCHAPTER I-GENERAL PROVISIONS

        

(a)

Congressional authorization.

(b)

Accounting.

(c)

Restoration or replacement of facilities.

(d)

Substituted construction projects.

        

(a)

Purpose.

(b)

Agreements with States.

(c)

Commission regulation of certain activities.

(d)

Conditions.

(e)

Publication in Federal Register; comment of interested persons.

(f)

Exemptions.

(g)

Compatible radiation standards.

(h)

Consultative, advisory, and miscellaneous functions of Administrator of Environmental Protection Agency.

(i)

Inspections and other functions; training and other assistance.

(j)

Reserve power to terminate or suspend agreements; emergency situations; State nonaction on causes of danger; authority exercisable only during emergency and commensurate with danger.

(k)

State regulation of activities for certain purposes.

(l)

Commission regulated activities; notice of filing; hearing.

(m)

Limitation of agreements and exemptions.

(n)

"State" and "agreement" defined.

(o)

State compliance requirements: compliance with section 2113(b) of this title and health and environmental protection standards; procedures for licenses, rulemaking, and license impact analysis; amendment of agreements for transfer of State collected funds; proceedings duplication restriction; alternative requirements.

        

(a)

In general.

(b)

Applicability to Federal activities.

(c)

Restricted use of regional disposal facilities.

(d)

Congressional review.

        

(a)

Availability of disposal capacity.

(b)

Limitations.

(c)

Commercial nuclear power reactor allocations.

(d)

Use of surcharge funds for milestone incentives; consequences of failure to meet disposal deadline.

(e)

Requirements for access to regional disposal facilities.

(f)

Monitoring of compliance and denial of access to non-Federal facilities for noncompliance; information requirements of certain States; proprietary information.

(g)

Nondiscrimination.

        

(a)

In general.

(b)

Request for emergency access.

(c)

Determination of Nuclear Regulatory Commission.

(d)

Temporary emergency access.

(e)

Extension of emergency access.

(f)

Reciprocal access.

(g)

Approval by compact commission.

(h)

Limitations.

(i)

Volume reduction and surcharges.

(j)

Deduction from allocation.

(k)

Agreement States.

        

(a)

Financial and technical assistance.

(b)

Reports.

        

(a)

Promulgation and revision of rules for protection from hazards at inactive or depository sites.

(b)

Promulgation and revision of rules for protection from hazards at processing or disposal sites.

(c)

Publication in Federal Register; notice and hearing; consultations; judicial review; time for petition; venue; copy to Administrator; record; administrative jurisdiction; review by Supreme Court; effective date of rule.

(d)

Federal and State implementation and enforcement.

(e)

Other authorities of Administrator unaffected.

(f)

Implementation or enforcement of Uranium Mill Licensing Requirements.

        

(a)

In general.

(b)

Relation to other State authority.

(c)

Definitions.

SUBCHAPTER II-ORGANIZATION

        

(a)

General Manager; chief executive officer; duties; appointment; removal.

(b)

Deputy General Manager; duties; appointment; removal.

(c)

Assistant General Managers; duties; appointment; removal.

        

(a)

Program divisions; appointment and powers of Assistant General Manager and Division Directors.

(b)

General Counsel.

(c)

Inspection Division; duties.

(d)

Executive management positions; appointment; removal.

        

SUBCHAPTER III-RESEARCH

        

(a)

Contracts and loans for research activities.

(b)

Grants and contributions for facilities in educational and training institutions.

(c)

Purchase of supplies without advertising.

(d)

Prevention of dissemination of information prohibited; other conditions of agreements.

        

SUBCHAPTER IV-PRODUCTION OF SPECIAL NUCLEAR MATERIAL

        

(a)

Ownership.

(b)

Operation of Commission's facilities.

(c)

Operation of other facilities.

        

SUBCHAPTER V-SPECIAL NUCLEAR MATERIAL

        

(a)

Licenses.

(b)

Minimum criteria for licenses.

(c)

Manner of distribution; charges for material sold; agreements; charges for material leased.

(d)

Determination of charges.

(e)

License conditions.

(f)

Distribution for independent research and development activities.

        

(a)

Compensation; distribution to International Atomic Energy Agency; procedure for distribution; repurchase of unconsumed materials; price; purchase of materials produced outside United States; price.

(b)

Distribution to persons outside United States of plutonium and other special nuclear material exempted under section 2077(d) of this title; compensation; reports.

(c)

Licensing or granting permission to others to distribute special nuclear material; conditions.

(d)

Laboratory samples; medical devices; monitoring or other instruments; emergencies.

(e)

Arrangements for storage or disposition of irradiated fuel elements.

        

(a)

Handling by persons.

(b)

Production; subsequent arrangements; authorization; determination by Secretary of Energy that activity will not be inimical to interests of United States; procedures.

(c)

Distribution by Commission.

(d)

Establishment of classes of special nuclear material; exemption of materials, kinds of uses and users from requirement of license.

(e)

Transfer, etc., of special nuclear material.

        

SUBCHAPTER VI-SOURCE MATERIAL

        

(a)

License.

(b)

Minimum criteria for licenses.

(c)

Determination of charges.

        

(a)

Conditions on location, entry, and settlement.

(b)

Reservation of mineral rights; release.

(c)

Prior locations.

        

SUBCHAPTER VII-BYPRODUCT MATERIALS

        

(a)

Cooperation with other Nations.

(b)

Distribution to individuals.

(c)

Distributor's license.

        

(a)

Specific assurances in license for pretermination actions.

(b)

Transfer of title; health and environmental protection through maintenance of property and materials; use of surface or subsurface estates: first refusal rights of transferor; maintenance, monitoring, and emergency measures and other authorized action; licensee-transferor liability for fraud or negligence; administrative and legal costs limitation; government retransfers under section 7914(h) of this title.

(c)

Compliance with applicable standards and license requirements; determination upon termination of license.

        

(a)

Management function.

(b)

Rules, regulations, or orders for certain activities; civil penalty.

(c)

Alternative requirements or proposals.

SUBCHAPTER VIII-MILITARY APPLICATION OF ATOMIC ENERGY

        

(a)

Research and development; weapons production; hazardous wastes; transfers of technologies.

(b)

Material for Department of Defense use.

(c)

Sale, lease, or loan to other Nations of materials for military applications.

        

(a)

Partnerships.

(b)

Definitions.

SUBCHAPTER IX-ATOMIC ENERGY LICENSES

        

(a)

Issuance of licenses.

(b)

Facilities constructed or operated under section 2134(b).

(c)

Cooperative Power Reactor Demonstration facilities.

        

(a)

Conditions.

(b)

Nonexclusive basis.

(c)

License period.

(d)

Limitations.

(f)

Accident notification condition; license revocation; license amendment to include condition.

        

(a)

Medical therapy.

(b)

Industrial and commercial purposes.

(c)

Research and development activities.

(d)

Limitations.

        

(a)

Violations of antitrust laws.

(b)

Reports to Attorney General.

(c)

Transmissions to Attorney General of copies of license applications; publication of advice; factors considered; exceptions.

        

(a)

Licenses for domestic activities.

(b)

Export licenses.

(c)

Exports inimical to common defense and security of United States.

        

SUBCHAPTER X-INTERNATIONAL ACTIVITIES

        

(a)

Terms, conditions, duration, nature, scope, and other requirements of proposed agreements for cooperation; Presidential exemptions; negotiations; Nuclear Proliferation Assessment Statement.

(b)

Presidential approval and authorization for execution of proposed agreements for cooperation.

(c)

Submittal of proposed agreements for cooperation to Congressional committees.

(d)

Congressional action.

        

(a)

Undertakings by transferee nations receiving nuclear material and equipment or sensitive nuclear technology.

(b)

Enrichment of source or special nuclear material only under effective international auspices and inspection.

(c)

Establishment of physical security measures.

(d)

United States military activities.

        

(a)

Application to existing agreements of undertakings required of new agreements after March 10, 1978.

(b)

Presidential review of export agreement conditions and policy goals.

(c)

Presidential proposals for additional export criteria.

(d)

Congressional action.

        

(a)

Executive branch judgment on export applications; criteria governing United States nuclear exports.

(b)

Requests to be given timely consideration; Presidential review if Commission is unable to make required statutory determinations; Commission review.

(c)

Additional export criteria.

        

(a)

Committee consideration of Presidential submissions; reports.

(b)

Consideration of resolution by respective Houses of Congress.

(c)

Debate.

(d)

Vote on final approval.

(e)

Appeals from decisions of Chair.

(f)

Resolution.

(g)

Continuity of Congressional sessions; computation of time.

(h)

Supersedure or change in rules.

(i)

Joint resolutions.

        

(a)

Consultation and concurrence; negotiations of a policy nature; notice of proposed subsequent arrangements; Nuclear Proliferation Assessment Statement; reprocessing of material.

(b)

Reports to Congressional committees; increase in risk of proliferation.

(c)

Procedures for consideration of requests for subsequent arrangements.

(d)

Activities not prohibited, precluded, or limited.

(e)

Jurisdiction of Secretary of Energy.

(f)

Subsequent arrangements involving direct or indirect commitment of United States for storage or other disposition of foreign spent nuclear fuel in United States.

        

SUBCHAPTER XI-CONTROL OF INFORMATION

        

(a)

Periodic determination.

(b)

Continuous review.

(c)

Joint determination on atomic weapons; Presidential determination on disagreement.

(d)

Removal from Restricted Data category.

(e)

Joint determination on atomic energy programs.

        

(a)

By Commission.

(b)

By Department of Defense.

(c)

Exchange of information concerning atomic weapons; research, development, or design, of military reactors.

(d)

By Department of Energy.

(e)

Communication of data by other Government agencies.

        

(a)

On contractors and licensees.

(b)

Employment of personnel; access to Restricted Data.

(c)

Acceptance of investigation and clearance granted by other Government agencies.

(d)

Investigations by FBI.

(e)

Presidential investigation.

(f)

Certification of specific positions for investigation by FBI.

(g)

Investigation standards.

(h)

War time clearance.

        

(a)

Confidentiality of certain types of information; issuance of regulations and orders; considerations for exercise of Commission's authority; disclosure of routes and quantities of shipment; civil penalties; withholding of information from Congressional committees.

(b)

Regulations or orders issued under this section and section 2201(b) of this title for purposes of section 2273 of this title.

(c)

Judicial review.

(d)

Reports to Congress; contents.

(e)

Quarterly reports to Congress; detailed coverage of specific applications.

        

(a)

Dissemination prohibited; rules and regulations; determinations of Secretary prerequisite to issuance of prohibiting regulations or orders; criteria.

(b)

Civil penalties.

(c)

Criminal penalties.

(d)

Judicial review.

(e)

Quarterly reports for interested persons; contents.

        

(a)

Persons subject to fingerprinting; submission of fingerprints to Attorney General; costs; results of check.

(b)

Waiver.

(c)

Regulations.

(d)

Processing fees; use of amounts collected.

SUBCHAPTER XII-PATENTS AND INVENTIONS

        

(a)

Denial of patent; revocation of prior patents.

(b)

Denial of rights; revocation of prior rights.

(c)

Report of invention to Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

(d)

Report to Commission by Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

(e)

Confidential information; circumstances permitting disclosure.

        

(a)

Declaration of public interest.

(b)

Action by Commission.

(c)

Application for patent.

(d)

Hearings.

(e)

Commission's findings.

(f)

Limitations on issuance of patent.

(g)

Royalty fees.

(h)

Effective period.

        

(a)

Patent Compensation Board.

(b)

Eligibility.

(c)

Standards.

(d)

Limitations.

        

SUBCHAPTER XIII-GENERAL AUTHORITY OF COMMISSION

        

(a)

Establishment of advisory boards.

(b)

Standards governing use and possession of material.

(c)

Studies and investigations.

(d)

Employment of personnel.

(e)

Acquisition of material, property, etc.; negotiation of commercial leases.

(f)

Utilization of other Federal agencies.

(g)

Acquisition of real and personal property.

(h)

Consideration of license applications.

(i)

Regulations governing Restricted Data.

(j)

Disposition of surplus materials.

(k)

Carrying of firearms; authority to make arrests without warrant.

(l)

Repealed.

(m)

Agreements regarding production.

(n)

Delegation of functions.

(o)

Reports.

(p)

Rules and regulations.

(q)

Easements for rights-of-way.

(r)

Sale of utilities and related services.

(s)

Succession of authority.

(t)

Contracts.

(u)

Additional contracts; guiding principles; appropriations.

(v)

Support of United States Enrichment Corporation.

(w)

License fees for nuclear power reactors.

(x)

Standards and instructions for bonding, surety, or other financial arrangements, including performance bonds.

        

(a)

Authority to enter into contracts.

(b)

Cancellation.

(c)

Submission to Energy Committees.

        

(a)

Requirement of financial protection for licensees.

(b)

Amount and type of financial protection for licensees.

(c)

Indemnification of licenses by Nuclear Regulatory Commission.

(d)

Indemnification of contractors by Department of Energy.

(e)

Limitation on aggregate public liability.

(f)

Collection of fees by Nuclear Regulatory Commission.

(g)

Use of services of private insurers.

(h)

Conditions of agreements of indemnification.

(i)

Compensation plans.

(j)

Contracts in advance of appropriations.

(k)

Exemption from financial protection requirement for nonprofit educational institutions.

(l)

Presidential commission on catastrophic nuclear accidents.

(m)

Coordinated procedures for prompt settlement of claims and emergency assistance.

(n)

Waiver of defenses and judicial procedures.

(o)

Plan for distribution of funds.

(p)

Reports to Congress.

(q)

Limitation on awarding of precautionary evacuation costs.

(r)

Limitation on liability of lessors.

(s)

Limitation on punitive damages.

(t)

Inflation adjustment.

        

(a)

Disclosure requirements.

(b)

Preliminary contract findings.

(c)

Promulgation and publication of rules.

        

(a)

Assessment of domestic uranium industry viability; monitoring and reporting requirements; criteria; implementation by rules and regulations.

(b)

Disclosure of information.

(c)

Criteria for monitoring and reporting requirements.

(d)

Excessive imports; investigation by United States International Trade Commission.

(e)

Excessive imports for contracts or options as threatening national security; investigation by Secretary of Commerce; recommendation for further investigation.

        

(a)

Short title.

(b)

Federal remedies applicable; exclusiveness of remedies.

(c)

Procedure.

(d)

Actions covered.

(e)

"Contractor" defined.

        

(1)

In general.

(2)

Establishment of amount by rule.

        

(a)

Annual assessment.

(b)

Fees for service or thing of value.

(c)

Annual charges.

(d)

"Nuclear Waste Fund" defined.

SUBCHAPTER XIV-COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

        

SUBCHAPTER XV-JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

        

(a)

Contents and form.

(b)

Review of applications by Advisory Committee on Reactor Safeguards; report.

(c)

Commercial power; publication.

(d)

Preferred consideration.

        

(a)

False applications; failure of performance.

(b)

Procedure.

(c)

Repossession of material.

        

(a)

Fuel loading, testing, and operation at specific power level; petition, affidavit, etc.

(b)

Operation at greater power level; criteria, effect, terms and conditions, etc.; procedures applicable.

(c)

Hearing for final operating license; suspension, issuance, compliance, etc., with temporary operating license.

(d)

Administrative remedies for minimization of need for license.

(e)

Expiration of issuing authority.

        

(a)

Environmental impact statement.

(b)

Adjudicatory hearing.

(c)

Inspection and operation.

(d)

Insurance and decommissioning.

(e)

No Price-Anderson coverage.

(f)

Limitation.

SUBCHAPTER XVI-JOINT COMMITTEE ON ATOMIC ENERGY

        

(a)

Abolition.

(b)

References in rules, etc., on and after September 20, 1977.

(c)

Transfer of records, data, etc.; copies.

        

(a)

Secretary of Energy and Nuclear Regulatory Commission.

(b)

Department of Defense and Department of State.

(c)

Government agencies.

(d)

Utilization of services, facilities, and personnel of Government agencies; reimbursement; prior written consent.

SUBCHAPTER XVII-ENFORCEMENT OF CHAPTER

        

(a)

Authority of President to utilize Government agencies.

(b)

Criminal violations.

(c)

Violations of this chapter.

        

(a)

Generally.

(b)

Construction or supply of components for utilization facilities; impairment of basic components; "basic component" defined; posting at construction sites of utilization facilities and on premises of component fabrication plants.

(c)

Criminal penalties.

        

(a)

Issuance and posting of regulations.

(b)

Penalty for violation of regulations.

(c)

Penalty for violation of regulations regarding enclosed property.

        

(a)

Violations of licensing requirements.

(b)

Notice.

(c)

Collection of penalties.

        

(a)

Persons subject to penalty.

(b)

Determination of amount.

(c)

Assessment and payment.

(d)

Excepted institutions.

        

(a)

Persons subject to penalty.

(b)

Fee or payment reductions for violations.

(c)

Powers and limitations.

(d)

Application to certain entities.

        

(a)

Homicide.

(b)

Assault.

        

(a)

Physical damage to facilities, etc.

(b)

Unauthorized use or tampering with facilities, etc.

SUBCHAPTER XVII–A-DEFENSE NUCLEAR FACILITIES SAFETY BOARD

        

(a)

Establishment.

(b)

Membership.

(c)

Chairman and Vice Chairman.

(d)

Terms.

(e)

Quorum.

        

(a)

In general.

(b)

Excluded functions.

        

(a)

Hearings.

(b)

Staff.

(c)

Regulations.

(d)

Reporting requirements.

(e)

Use of Government facilities, etc.

(f)

Assistance from certain agencies of Federal Government.

(g)

Assistance from organizations outside Federal Government.

(h)

Resident inspectors.

(i)

Special studies.

(j)

Evaluation of information.

        

(a)

Cooperation.

(b)

Access to information.

        

(a)

Public availability and comment.

(b)

Response by Secretary.

(c)

Provision of information to Secretary.

(d)

Final decision.

(e)

Implementation plan.

(f)

Implementation.

(g)

Imminent or severe threat.

(h)

Limitation.

        

(a)

Board report.

(b)

DOE report.

        

SUBCHAPTER XVIII-EURATOM COOPERATION

        

(a)

Authorization; restriction of amounts of plutonium or uranium; amount and use of plutonium authorized to be acquired.

(b)

Terms and periods of contracts to acquire plutonium.

(c)

Terms and periods of contracts to acquire uranium.

(d)

Contracts for purchase of special nuclear materials.

(e)

Certification by Commission.

        

SUBCHAPTER XIX-REMEDIAL ACTION AND URANIUM REVITALIZATION

Part A-Remedial Action at Active Processing Sites

        

(a)

In general.

(b)

Reimbursement.

        

(a)

In general.

(b)

Source.

        

Part B-Uranium Revitalization

        

(a)

Uranium purchases.

(b)

Use of domestic uranium.

        

(a)

Continuing Secretarial responsibility.

(b)

Encourage export.

        

(a)

In general.

(b)

Congressional access.

        

(a)

Encouragement.

(b)

Report.

(c)

Savings provision.

        

Division B-United States Enrichment Corporation

SUBCHAPTER I-GENERAL PROVISIONS

        

SUBCHAPTER II-ESTABLISHMENT, POWERS, AND ORGANIZATION OF CORPORATION

        

SUBCHAPTER III-RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION

        

SUBCHAPTER IV-PRIVATIZATION OF CORPORATION

        

SUBCHAPTER V-AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM ENRICHMENT

        

SUBCHAPTER VI-LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES

        

(a)

Issuance of standards.

(b)

Annual report.

(c)

Certification process.

(d)

Requirement for operation.

        

(a)

In general.

(b)

Costs for decontamination and decommissioning.

        

SUBCHAPTER VII-DECONTAMINATION AND DECOMMISSIONING

        

(a)

Establishment.

(b)

Administration.

        

(a)

Amount.

(b)

Source.

(c)

Special assessment.

(d)

Authorization of appropriations.

(e)

Termination of assessments.

(f)

Continuation of deposits.

(g)

Treatment of assessment.

        

(a)

Study by National Academy of Sciences.

(b)

Payment of decontamination and decommissioning costs.

(c)

Payment of remedial action costs.

        

SUBCHAPTER VIII-UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

        

(a)

Authorization.

(b)

Proceeds.

        

(a)

Authorization.

(b)

Board determination.

(c)

Adequate proceeds.

(d)

Application of securities laws.

(e)

Expenses.

        

(a)

Incorporation.

(b)

Status of private corporation.

(c)

Application of post-Government employment restrictions.

(d)

Dissolution.

        

(a)

Transfer of lease.

(b)

Renewal.

(c)

Exclusion of facilities for production of highly enriched uranium.

(d)

DOE responsibility for preexisting conditions.

(e)

Environmental audit.

(f)

Treatment under Price-Anderson provisions.

(g)

Waiver of EIS requirement.

(h)

Maintenance of security.

        

(a)

Transfer of contracts.

(b)

Nontransferable power contracts.

(c)

Effect of transfer.

(d)

Pricing.

        

(a)

Liability of United States.

(b)

Liability of Corporation.

(c)

Liability of private corporation.

(d)

Liability of officers and directors.

        

(a)

Contractor employees.

(b)

Former Federal employees.

        

(a)

Securities limitations.

(b)

Ownership limitation.

        

(a)

Transfers and sales by Secretary.

(b)

Russian HEU.

(c)

Transfers to Corporation.

(d)

Inventory sales.

(e)

Government transfers.

(f)

Savings provision.

        

(a)

Responsibility of DOE.

(b)

Agreements with other persons.

(c)

State or interstate compacts.

        

(a)

Exclusive right to commercialize.

(b)

Transfer of related property to Corporation.

(c)

Liability for patent and related claims.

        

(a)

OSHA.

(b)

Antitrust laws.

(c)

Energy Reorganization Act requirements.

Chapter Referred to in Other Sections

This chapter is referred to in sections 1437f, 1874, 2291, 2296a–3, 2297h–5, 2297–h12, 2301, 2305, 5196e, 5197f, 5812, 5817, 5841, 5842, 5843, 5844, 5846, 5848, 5851, 5876, 5902, 5908, 6903, 6905, 7135a, 7259a, 7412, 7911, 7918, 7920, 7925, 7941, 9601, 9620, 10134, 10141, 10154, 10155, 10197, 10243, 13541 of this title; title 5 sections 7533, 8312; title 10 section 2344; title 15 sections 2080, 2602; title 18 section 2516; title 21 section 360jj; title 22 sections 2022, 2024, 2403, 2778a, 2793, 2794, 3203, 3303, 6445; title 30 sections 541b, 541c, 541d; title 50 sections 47f, 438.