CHAPTER 23 —DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A—Atomic Energy
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—ORGANIZATION
SUBCHAPTER III—RESEARCH
SUBCHAPTER IV—PRODUCTION OF SPECIAL NUCLEAR MATERIAL
SUBCHAPTER V—SPECIAL NUCLEAR MATERIAL
SUBCHAPTER VI—SOURCE MATERIAL
SUBCHAPTER VII—BYPRODUCT MATERIALS
SUBCHAPTER VIII—MILITARY APPLICATION OF ATOMIC ENERGY
SUBCHAPTER IX—ATOMIC ENERGY LICENSES
SUBCHAPTER X—INTERNATIONAL ACTIVITIES
SUBCHAPTER XI—CONTROL OF INFORMATION
SUBCHAPTER XII—PATENTS AND INVENTIONS
SUBCHAPTER XIII—GENERAL AUTHORITY OF COMMISSION
SUBCHAPTER XIV—COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
SUBCHAPTER XV—JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
SUBCHAPTER XVI—JOINT COMMITTEE ON ATOMIC ENERGY
SUBCHAPTER XVII—ENFORCEMENT OF CHAPTER
SUBCHAPTER XVII–A—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SUBCHAPTER XVIII—EURATOM COOPERATION
SUBCHAPTER XIX—REMEDIAL ACTION AND URANIUM REVITALIZATION
Part A—Remedial Action at Active Processing Sites
Part B—Uranium Revitalization
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
SUBCHAPTER VII—DECONTAMINATION AND DECOMMISSIONING
SUBCHAPTER VIII—UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
Codification
The Atomic Energy Act of 1954, which is classified principally to this chapter, is act Aug. 1, 1946, ch. 724. It was originally enacted as the Atomic Energy Act of 1946, act Aug. 1, 1946, ch. 724,
Division A—Atomic Energy
SUBCHAPTER I—GENERAL PROVISIONS
§2011. Congressional declaration of policy
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.
(Aug. 1, 1946, ch. 724, title I, §1, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
A prior section 1 of act Aug. 1, 1946, ch. 724,
Short Title of 2019 Amendment
Short Title of 2015 Amendment
Short Title of 2013 Amendment
Short Title of 2005 Amendment
Short Title of 2000 Amendment
Short Title of 1996 Amendment
Short Title of 1988 Amendment
Short Title of 1964 Amendment
Short Title of 1958 Amendment
Short Title
Act Aug. 1, 1946, ch. 724, title I, §291, as added by act Aug. 30, 1954, ch. 1073, §1,
Separability
Act Aug. 1, 1946, ch. 724, title I, §281, as added by act Aug. 30, 1954, §1; renumbered title I, Oct. 24, 1992,
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
§2012. Congressional findings
The Congress of the United States makes the following findings concerning the development, use, and control of atomic energy:
(a) The development, utilization, and control of atomic energy for military and for all other purposes are vital to the common defense and security.
(b) Repealed.
(c) The processing and utilization of source, byproduct, and special nuclear material affect interstate and foreign commerce and must be regulated in the national interest.
(d) The processing and utilization of source, 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.
(f) The necessity for protection against possible interstate damage occurring from the operation of facilities for the production or utilization of source or special nuclear material places the operation of those facilities in interstate commerce for the purposes of this chapter.
(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.
(h) Repealed.
(i) 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.
(Aug. 1, 1946, ch. 724, title I, §2, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsec. (f), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
A prior section 2 of act Aug. 1, 1946, ch. 724,
Amendments
1964—Subsec. (b).
Subsec. (h).
1957—Subsec. (i).
Control and Regulation Powers of United States and of Atomic Energy Commission Unaffected by Private Ownership of Special Nuclear Materials
§2013. Purpose of chapter
It is the purpose of this chapter to effectuate the policies set forth above by providing for—
(a) 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.
(Aug. 1, 1946, ch. 724, title I, §3, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
A prior section 3 of act Aug. 1, 1946, ch. 724,
Sections 4 to 10 of act Aug. 1, 1946, ch. 724,
Amendments
1964—Subsec. (c).
§2014. 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 chapter:
(a) The term "agency of the United States" means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.
(b) The term "agreement for cooperation" means any agreement with another nation or regional defense organization authorized or permitted by
(c) The term "atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.
(d) The term "atomic weapon" means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.
(e) The term "byproduct material" means—
(1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content;
(3)(A) any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or
(B) any material that—
(i) has been made radioactive by use of a particle accelerator; and
(ii) is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, 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.
(f) The term "Commission" means the Atomic Energy Commission.
(g) The term "common defense and security" means the common defense and security of the United States.
(h) The term "defense information" means any information in any category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the national defense.
(i) The term "design" means (1) specifications, plans, drawings, blueprints, and other items of like nature; (2) the information contained therein; or (3) the research and development data pertinent to the information contained therein.
(j) The term "extraordinary nuclear occurrence" means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, 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 offsite or property offsite. Any determination by the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, that such an event has, or has not, occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, shall establish criteria in writing setting forth the basis upon which such determination shall be made. As used in this subsection, "offsite" means away from "the location" or "the contract location" as defined in the applicable Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, indemnity agreement, entered into pursuant to
(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.
(l) The term "Government agency" means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.
(m) The term "indemnitor" means (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection; (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and (3) the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, with respect to any obligation undertaken by it in indemnity agreement entered into pursuant to
(n) The term "international arrangement" means any international agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does not include any agreement for cooperation.
(o) The term "Energy Committees" means the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(p) The term "licensed activity" means an activity licensed pursuant to this chapter and covered by the provisions of
(q) The term "nuclear incident" means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: Provided, however, That as the term is used in
(r) The term "operator" means any individual who manipulates the controls of a utilization or production facility.
(s) The term "person" means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing.
(t) The term "person indemnified" means (1) with respect to a nuclear incident occurring within the United States or outside the United States as the term is used in
(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.
(v) The term "production facility" means (1) any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission. Except with respect to the export of a uranium enrichment production facility, such term as used in subchapters IX and XV 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.
(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 a political subdivision of a State, in the course of responding to a nuclear incident or a precautionary evacuation), except: (i) 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; (ii) claims arising out of an act of war; and (iii) whenever used in subsections (a), (c), and (k) of
(x) The term "research and development" means (1) theoretical 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.
(y) The term "Restricted Data" means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to
(z) The term "source material" means (1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of
(aa) The term "special nuclear material" means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of
(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.
(cc) The term "utilization facility" means (1) any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission.
(dd) The terms "high-level radioactive waste" and "spent nuclear fuel" have the meanings given such terms in
(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 nanocuries 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
(gg) The term "precautionary evacuation" means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is—
(1) the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from the radiological properties of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste, and causes an evacuation; and
(2) initiated by an official of a State or a political subdivision of a State, who is authorized by State law to initiate such an evacuation and who reasonably determined that such an evacuation was necessary to protect the public health and safety.
(hh) The term "public liability action", as used in
(jj) 1
(Aug. 1, 1946, ch. 724, title I, §11, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
For definition of Canal Zone, referred to in subsec. (bb), see
Section 213 of
Prior Provisions
A prior section 11 of act Aug. 1, 1946, ch. 724,
Sections 12 to 19 of act Aug. 1, 1946, ch. 724,
Amendments
2005—Subsec. (e).
1996—Subsec. (v).
1994—Subsec. (o).
1992—Subsec. (v).
1990—Subsec. (v).
1988—Subsecs. (j), (m).
Subsec. (q).
Subsec. (t).
Subsec. (w).
Subsecs. (dd) to (ff).
Subsec. (gg).
Subsec. (hh).
Subsec. (jj).
1978—Subsec. (e).
1975—Subsec. (q).
Subsec. (t).
1966—Subsec. (j).
Subsecs. (k), (l).
Subsec. (m).
Subsecs. (n) to (p).
Subsec. (q).
Subsecs. (r) to (cc).
1962—Subsec. (o).
Subsec. (r).
1961—Subsec. (b).
Subsec. (u).
1958—Subsec. (o).
1957—Subsec. (j).
Subsecs. (k) to (m).
Subsec. (n).
Subsec. (o).
Subsecs. (p), (q).
Subsec. (r).
Subsecs. (s), (t).
Subsec. (u).
Subsecs. (v) to (aa).
1956—Subsec. (u). Act Aug. 6, 1956, substituted "the Canal Zone and Puerto Rico" for "and the Canal Zone".
Change of Name
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Effective Date of 1988 Amendment
"(a) Except as provided in subsection (b), the amendments made by this Act [enacting
"(b)(1) The amendments made by section 11 [amending this section and
"(2)(A) Section 234A of the Atomic Energy Act of 1954 [
"(B) Section 223 c. of the Atomic Energy Act of 1954 [
Effective Date of 1978 Amendment
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
1 So in original. No subsec. (ii) has been enacted.
§2015. Transfer of property
Nothing in this chapter 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.
(Aug. 1, 1946, ch. 724, title I, §241, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Section 9(a) of the Atomic Energy Act of 1946, as heretofore amended, referred to in text, which was formerly classified to
"(1) All fissionable material; all atomic weapons and parts thereof; all facilities, equipment, and materials for the processing, production, or utilization of fissionable material or atomic energy; all processes and technical information of any kind, and the source thereof (including data, drawings, specifications, patents, patent applications, and other sources (relating to the processing, production, or utilization of fissionable material or atomic energy; and all contracts, agreements, leases, patents, applications for patents, inventions and discoveries (whether patented or unpatented), and other rights of any kind concerning any such items;
"(2) All facilities, equipment, and materials, devoted primarily to atomic energy research and development; and
"(3) Such other property owned by or in the custody or control of the Manhattan Engineer District or other Government agencies as the President may determine."
Prior Provisions
Provisions similar to those comprising this section were contained in section 9 of act Aug. 1, 1946, ch. 724,
§2015a. 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.
(Aug. 1, 1946, ch. 724, title I, §242, as added
§2015b. Scholarship and fellowship program
(a) Scholarship program
To enable students to study, for at least 1 academic semester or equivalent term, science, engineering, or another field of study that the Commission determines is in a critical skill area related to the regulatory mission of the Commission, the Commission may carry out a program to—
(1) 1 award scholarships to undergraduate students who—
(A) are United States citizens; and
(B) enter into an agreement under subsection (c) to be employed by the Commission in the area of study for which the scholarship is awarded.
(b) Fellowship program
To enable students to pursue education in science, engineering, or another field of study that the Commission determines is in a critical skill area related to its regulatory mission, in a graduate or professional degree program offered by an institution of higher education in the United States, the Commission may carry out a program to—
(1) 1 award fellowships to graduate students who—
(A) are United States citizens; and
(B) enter into an agreement under subsection (c) to be employed by the Commission in the area of study for which the fellowship is awarded.
(c) Requirements
(1) In general
As a condition of receiving a scholarship or fellowship under subsection (a) or (b), a recipient of the scholarship or fellowship shall enter into an agreement with the Commission under which, in return for the assistance, the recipient shall—
(A) maintain satisfactory academic progress in the studies of the recipient, as determined by criteria established by the Commission;
(B) agree that failure to maintain satisfactory academic progress shall constitute grounds on which the Commission may terminate the assistance;
(C) on completion of the academic course of study in connection with which the assistance was provided, and in accordance with criteria established by the Commission, engage in employment by the Commission for a period specified by the Commission, that shall be not less than 1 time and not more than 3 times the period for which the assistance was provided; and
(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
(e) Direct appointment
The Commission may appoint directly, with no further competition, public notice, or consideration of any other potential candidate, an individual who has—
(1) received a scholarship or fellowship awarded by the Commission under this section; and
(2) completed the academic program for which the scholarship or fellowship was awarded.
(Aug. 1, 1946, ch. 724, title I, §243, as added
1 So in original. No par. (2) has been enacted.
§2015c. Partnership program with institutions of higher education
(a) Definitions
In this section:
(1) Hispanic-serving institution
The term "Hispanic-serving institution" has the meaning given the term in
(2) Historically Black college and university
The term "historically Black college or university" has the meaning given the term "part B institution" in
(3) Tribal college
The term "Tribal college" has the meaning given the term "tribally controlled college or university" in
(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.
(Aug. 1, 1946, ch. 724, title I, §244, as added
Amendments
2008—Subsec. (a)(3).
§2016. Repealed. Pub. L. 105–85, div. C, title XXXI, §3152(a)(1), Nov. 18, 1997, 111 Stat. 2042
Section, act Aug. 1, 1946, ch. 724, title I, §251, as added Aug. 30, 1954, ch. 1073, §1,
§2017. Authorization of appropriations
(a) Congressional authorization
No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress.
(b) Accounting
Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only.
(c) Restoration or replacement of facilities
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) Substituted construction projects
Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that—
(1) the substituted project is essential to the common defense and security;
(2) the substituted project is required by changes in weapon characteristics or weapon 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.
(Aug. 1, 1946, ch. 724, title I, §261, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to those comprising this section were contained in section 19 of act Aug. 1, 1946, ch. 724,
Amendments
1963—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1962—Subsecs. (c), (d).
1957—
Effective Date of 1963 Amendment
§2017a. Omitted
Codification
Section, act Sept. 26, 1962,
Similar provisions were contained in the following prior appropriation authorization acts:
Sept. 26, 1961,
May 13, 1960,
June 23, 1959,
Aug. 4, 1958,
Aug. 21, 1957,
May 3, 1956, ch. 233, §103,
July 11, 1955, ch. 304, §103,
§2017a–1. Omitted
Codification
Section,
Similar provisions were contained in the following prior appropriation authorization acts:
§2017b. Omitted
Codification
Section, act Sept. 26, 1962,
Similar provisions were contained in the following prior appropriation authorization acts:
Sept. 26, 1961,
May 13, 1960,
June 23, 1959,
Aug. 4, 1958,
Aug. 21, 1957,
May 3, 1956, ch. 233, §104,
July 11, 1955, ch. 304, §104,
§2018. Agency jurisdiction
Nothing in this chapter 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.
(Aug. 1, 1946, ch. 724, title I, §271, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
1965—
§2019. Applicability of Federal Power Act
Every licensee under this chapter who holds a license from the Commission for a utilization or production facility for the generation of commercial electric energy under
(Aug. 1, 1946, ch. 724, title I, §272, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285,
§2020. Licensing of Government agencies
Nothing in this chapter 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
(Aug. 1, 1946, ch. 724, title I, §273, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
§2021. Cooperation with States
(a) Purpose
It is the purpose of this section—
(1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this chapter 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.
(b) Agreements with States
Except as provided in subsection (c), the Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under subchapters V, VI, and VII of this division, and
(1) Byproduct materials (as defined in
(2) Source materials.
(3) Special nuclear materials in quantities not sufficient to form a critical mass.
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) Commission regulation of certain activities
No agreement entered into pursuant to subsection (b) shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of—
(1) the construction and operation of any production or utilization facility or any uranium enrichment facility;
(2) the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility;
(3) the disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in regulations or orders of the Commission;
(4) the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission.
The Commission shall also retain authority under any such agreement to make a determination that all applicable standards and requirements have been met prior to termination of a license for byproduct material, as defined in
(d) Conditions
The Commission shall enter into an agreement under subsection (b) of this section with any State if—
(1) The 1 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 compatible with the Commission's program for the regulation of such materials, and that the State program is adequate to protect the public health and safety with respect to the materials covered by the proposed agreement.
(e) Publication in Federal Register; comment of interested persons
(1) Before any agreement under subsection (b) is signed by the Commission, the terms of the proposed agreement and of proposed exemptions pursuant to subsection (f) shall be published once each week for four consecutive weeks in the Federal Register; and such opportunity for comment by interested persons on the proposed agreement and exemptions shall be allowed as the Commission determines by regulation or order to be appropriate.
(2) Each proposed agreement shall include the proposed effective date of such proposed agreement or exemptions. The agreement and exemptions shall be published in the Federal Register within thirty days after signature by the Commission and the Governor.
(f) Exemptions
The Commission is authorized and directed, by regulation or order, to grant such exemptions from the licensing requirements contained in subchapters V, VI, and VII, 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) Compatible radiation standards
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) Consultative, advisory, and miscellaneous functions of Administrator of Environmental Protection Agency
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 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.
(i) Inspections and other functions; training and other assistance
The Commission in carrying out its licensing and regulatory responsibilities under this chapter 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 State or political subdivision thereof or group of States as the Commission deems appropriate. Any such provision or assistance by the Commission shall take into account the additional expenses that may be incurred by a State as a consequence of the State's entering into an agreement with the Commission pursuant to subsection (b).
(j) Reserve power to terminate or suspend agreements; emergency situations; State nonaction on causes of danger; authority exercisable only during emergency and commensurate with danger
(1) The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State with which an agreement under subsection (b) has become effective, or upon request of the Governor of such State, may terminate or suspend all or part of its agreement with the State and reassert the licensing and regulatory authority vested in it under this chapter, if the Commission finds that (1) such termination or suspension is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of this section. The Commission shall periodically review such agreements and actions taken by the States under the agreements to ensure compliance with the provisions of this section.
(2) The Commission, upon its own motion or upon request of the Governor of any State, may, after notifying the Governor, temporarily suspend all or part of its agreement with the State without notice or hearing if, in the judgment of the Commission:
(A) an emergency situation exists with respect to any material covered by such an agreement creating danger which requires immediate action to protect the health or safety of persons either within or outside the State, and
(B) the State has failed to take steps necessary to contain or eliminate the cause of the danger within a reasonable time after the situation arose.
A temporary suspension under this paragraph shall remain in effect only for such time as the emergency situation exists and shall authorize the Commission to exercise its authority only to the extent necessary to contain or eliminate the danger.
(k) State regulation of activities for certain purposes
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.
(l) Commission regulated activities; notice of filing; hearing
With respect to each application for Commission license authorizing an activity as to which the Commission's authority is continued pursuant to subsection (c), the Commission shall give prompt notice to the State or States in which the activity will be conducted of the filing of the license application; and shall afford reasonable opportunity for State representatives to offer evidence, interrogate witnesses, and advise the Commission as to the application without requiring such representatives to take a position for or against the granting of the application.
(m) Limitation of agreements and exemptions
No agreement entered into under subsection (b), and no exemption granted pursuant to subsection (f), shall affect the authority of the Commission under section 2201(b) or (i) of this title 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
(n) "State" and "agreement" defined
As used in this section, the term "State" means any State, Territory, or possession of the United States, the Canal Zone, Puerto Rico, and the District of Columbia. As used in this section, the term "agreement" includes any amendment to any agreement.
(o) 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
In the licensing and regulation of byproduct material, as defined in
(1) compliance with the requirements of subsection (b) of
(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
(3) procedures which—
(A) in the case of licenses, provide procedures under State law which include—
(i) an opportunity, after public notice, for written comments and a public hearing, with a transcript,
(ii) an opportunity for cross examination, and
(iii) a written determination which is based upon findings included in such determination and upon the evidence presented during the public comment period and which is subject to judicial review;
(B) in the case of rulemaking, provide an opportunity for public participation through written comments or a public hearing and provide for judicial review of the rule;
(C) require for each license which has a significant impact on the human environment a written analysis (which shall be available to the public before the commencement of any such proceedings) of the impact of such 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
(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
(Aug. 1, 1946, ch. 724, title I, §274, as added
References in Text
This chapter, referred to in subsecs. (a)(1), (i), (j)(1), and (m), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
For definition of Canal Zone, referred to in subsec. (n), see
Codification
In subsec. (h) of this section, provisions for the establishment of a Federal Radiation Council and for the designation of its Chairman and members have been omitted and the Administrator of the Environmental Protection Agency has been substituted for the Council as the person charged with the responsibility of carrying out the functions of the Council pursuant to Reorg. Plan No. 3 of 1970, §§2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623,
Amendments
2005—Subsec. (b).
"(1) byproduct materials as defined in
"(2) byproduct materials as defined in
"(3) source materials;
"(4) special nuclear materials in quantities not sufficient to form a critical mass."
1992—Subsec. (c)(1).
1983—Subsec. (o).
1980—Subsec. (j).
1978—Subsec. (b).
Subsec. (c).
Subsec. (d)(2).
Subsec. (j).
Subsec. (n).
Subsec. (o).
Effective Date of 1978 Amendment
Section 204(e)(2) of
Amendment by
State Authorities and Agreements Respecting Byproduct Material; Entry and Effective Dates of Agreements
"(g) Nothing in any amendment made by this section [amending this section] shall preclude any State from exercising any other authority as permitted under the Atomic Energy Act of 1954 [this chapter] respecting any byproduct material, as defined in section 11 e. (2) of the Atomic Energy Act of 1954 [
"(h)(1) During the three-year period beginning on the date of the enactment of this Act [Nov. 8, 1978], notwithstanding any other provision of this title [See Effective Date of 1978 Amendment note set out under
"(2) An agreement entered into with any State as permitted under section 274 of the Atomic Energy Act of 1954 [this section] with respect to byproduct material as defined in section 11 e. (2) of such Act. [
"(3) Notwithstanding any other provision of this title [See Effective Date of 1978 Amendment note set out under
Federal Compliance With Pollution Control Standards
For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under
Executive Order No. 12192
Ex. Ord. No. 12192, Feb. 12, 1980, 45 F.R. 9727, which established the State Planning Council on Radioactive Waste Management and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, §13, Aug. 17, 1982, 47 F.R. 36099, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
1 So in original. Probably should not be capitalized.
§2021a. Storage or disposal facility planning
(a) Any person, agency, or other entity proposing to develop a storage or disposal facility, including a test disposal facility, for high-level radioactive wastes, non-high-level radioactive wastes including transuranium contaminated wastes, or irradiated nuclear reactor fuel, shall notify the Commission as early as possible after the commencement of planning for a particular proposed facility. The Commission shall in turn notify the Governor and the State legislature of the State of proposed situs whenever the Commission has knowledge of such proposal.
(b) The Commission is authorized and directed to prepare a report on means for improving the opportunities for State participation in the process for siting, licensing, and developing nuclear waste storage or disposal facilities. Such report shall include detailed consideration of a program to provide grants through the Commission to any State, and the advisability of such a program, for the purpose of conducting an independent State review of any proposal to develop a nuclear waste storage or disposal facility identified in subsection (a) within such State. On or before March 1, 1979, the Commission shall submit the report to the Congress including recommendations for improving the opportunities for State participation together with any necessary legislative proposals.
(
References in Text
Commission, referred to in text, probably means the Nuclear Regulatory Commission in view of the fact that this section was enacted as part of the act authorizing appropriations for the Nuclear Regulatory Commission for fiscal year 1979.
Codification
Section was enacted as part of an act authorizing appropriations to the Nuclear Regulatory Commission for fiscal year 1979, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Plan for Permanent Disposal of Waste From Atomic Energy Defense Activities; Submission of Plan to Congress Not Later Than June 30, 1983
West Valley Demonstration Project; Radioactive Waste Management; Project Activities; Public Hearings; Review of Project and Consultations; Authorization of Appropriations; Report to Congress
"(1) The Secretary shall solidify, in a form suitable for transportation and disposal, the high level radioactive waste at the Center by vitrification or by such other technology which the Secretary determines to be the most effective for solidification.
"(2) The Secretary shall develop containers suitable for the permanent disposal of the high level radioactive waste solidified at the Center.
"(3) The Secretary shall, as soon as feasible, transport, in accordance with applicable provisions of law, the waste solidified at the Center to an appropriate Federal repository for permanent disposal.
"(4) The Secretary shall, in accordance with applicable licensing requirements, dispose of low level radioactive waste and transuranic waste produced by the solidification of the high level radioactive waste under the project.
"(5) The Secretary shall decontaminate and decommission—
"(A) the tanks and other facilities of the Center in which the high level radioactive waste solidified under the project was stored,
"(B) the facilities used in the solidification of the waste, and
"(C) any material and hardware used in connection with the project,
in accordance with such requirements as the Commission may prescribe.
"(b) Before undertaking the project and during the fiscal year ending September 30, 1981, the Secretary shall carry out the following:
"(1) The Secretary shall hold in the vicinity of the Center public hearings to inform the residents of the area in which the Center is located of the activities proposed to be undertaken under the project and to receive their comments on the project.
"(2) The Secretary shall consider the various technologies available for the solidification and handling of high level radioactive waste taking into account the unique characteristics of such waste at the Center.
"(3) The Secretary shall—
"(A) undertake detailed engineering and cost estimates for the project,
"(B) prepare a plan for the safe removal of the high level radioactive waste at the Center for the purposes of solidification and include in the plan provisions respecting the safe breaching of the tanks in which the waste is stored, operating equipment to accomplish the removal, and sluicing techniques,
"(C) conduct appropriate safety analyses of the project, and
"(D) prepare required environmental impact analyses of the project.
"(4) The Secretary shall enter into a cooperative agreement with the State in accordance with the Federal Grant and Cooperative Agreement Act of 1977 [see
"(A) The State will make available to the Secretary the facilities of the Center and the high level radioactive waste at the Center which are necessary for the completion of the project. The facilities and the waste shall be made available without the transfer of title and for such period as may be required for completion of the project.
"(B) The Secretary shall provide technical assistance in securing required license amendments.
"(C) The State shall pay 10 per centum of the costs of the project, as determined by the Secretary. In determining the costs of the project, the Secretary shall consider the value of the use of the Center for the project. The State may not use Federal funds to pay its share of the cost of the project, but may use the perpetual care fund to pay such share.
"(D) Submission jointly by the Department of Energy and the State of New York of an application for a licensing amendment as soon as possible with the Nuclear Regulatory Commission providing for the demonstration.
"(c) Within one year from the date of the enactment of this Act [Oct. 1, 1980], the Secretary shall enter into an agreement with the Commission to establish arrangements for review and consultation by the Commission with respect to the project: Provided, That review and consultation by the Commission pursuant to this subsection shall be conducted informally by the Commission and shall not include nor require formal procedures or actions by the Commission pursuant to the Atomic Energy Act of 1954, as amended [this chapter], the Energy Reorganization Act of 1974, as amended [
"(1) The Secretary shall submit to the Commission, for its review and comment, a plan for the solidification of the high level radioactive waste at the Center, the removal of the waste for purposes of its solidification, the preparation of the waste for disposal, and the decontamination of the facilities to be used in solidifying the waste. In preparing its comments on the plan, the Commission shall specify with precision its objections to any provision of the plan. Upon submission of a plan to the Commission, the Secretary shall publish a notice in the Federal Register of the submission of the plan and of its availability for public inspection, and, upon receipt of the comments of the Commission respecting a plan, the Secretary shall publish a notice in the Federal Register of the receipt of the comments and of the availability of the comments for public inspection. If the Secretary does not revise the plan to meet objections specified in the comments of the Commission, the Secretary shall publish in the Federal Register a detailed statement for not so revising the plan.
"(2) The Secretary shall consult with the Commission with respect to the form in which the high level radioactive waste at the Center shall be solidified and the containers to be used in the permanent disposal of such waste.
"(3) The Secretary shall submit to the Commission safety analysis reports and such other information as the Commission may require to identify any danger to the public health and safety which may be presented by the project.
"(4) The Secretary shall afford the Commission access to the Center to enable the Commission to monitor the activities under the project for the purpose of assuring the public health and safety.
"(d) In carrying out the project, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, the Director of the United States Geological Survey, and the commercial operator of the Center.
"(b) The total amount obligated for the project by the Secretary shall be 90 per centum of the costs of the project.
"(c) The authority of the Secretary to enter into contracts under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
"(b) This Act does not authorize the Federal Government to acquire title to any high level radioactive waste at the Center or to the Center or any portion thereof.
"(1) The term 'Secretary' means the Secretary of Energy.
"(2) The term 'Commission' means the Nuclear Regulatory Commission.
"(3) The term 'State' means the State of New York.
"(4) The term 'high level radioactive waste' means the high level radioactive waste which was produced by the reprocessing at the Center of spent nuclear fuel. Such term includes both liquid wastes which are produced directly in reprocessing, dry solid material derived from such liquid waste, and such other material as the Commission designates as high level radioactive waste for purposes of protecting the public health and safety.
"(5) The term 'transuranic waste' means material contaminated with elements which have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and which are in concentrations greater than 10 nanocuries per gram, or in such other concentrations as the Commission may prescribe to protect the public health and safety.
"(6) The term 'low level radioactive waste' means radioactive waste not classified as high level radioactive waste, transuranic waste, or byproduct material as defined in section 11e. (2) of the Atomic Energy Act of 1954 [
"(7) The term 'project' means the project prescribed by section 2(a).
"(8) The term 'Center' means the Western New York Service Center in West Valley, New York."
[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 4 of
§2021b. Definitions
For purposes of
(1) Agreement State
The term "agreement State" means a State that—
(A) has entered into an agreement with the Nuclear Regulatory Commission under
(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
(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
(4) Compact
The term "compact" means a compact entered into by two or more States pursuant to
(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 low-level radioactive waste, means to produce low-level radioactive waste.
(9) Low-level radioactive waste
(A) In general
The term "low-level radioactive waste" means radioactive material that—
(i) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in
(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
(10) Non-sited compact region
The term "non-sited compact region" means any compact region that is not a sited compact region.
(11) 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.
(
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Prior Provisions
A prior section 2021b,
Amendments
2005—Par. (9).
Short Title of 1986 Amendment
Short Title
A prior section 1 of
§2021c. Responsibilities for disposal of low-level radioactive waste
(a)(1) Each State shall be responsible for providing, either by itself or in cooperation with other States, for the disposal of—
(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 sections 1 2021e or 2021f of this title.
(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)(1) 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)(1)(D) that results from activities licensed by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended, shall be disposed of in a facility licensed by the Nuclear Regulatory Commission that the Commission determines is adequate to protect the public health and safety.
(3) Not later than 12 months after January 15, 1986, the Secretary shall submit to the Congress a comprehensive report setting forth the recommendations of the Secretary for ensuring the safe disposal of all radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(1)(D). Such report shall include—
(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.
(
References in Text
The Atomic Energy Act of 1954, referred to in subsec. (b)(2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
January 15, 1986, referred to in subsec. (b)(3), was in the original "the date of enactment of this Act" and was translated as meaning the date of enactment of
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Prior Provisions
A prior section 2021c,
1 So in original. Probably should be "section".
§2021d. Regional compacts for disposal of low-level radioactive waste
(a) In general
(1) Federal policy
It is the policy of the Federal Government that the responsibilities of the States under
(2) Interstate compacts
To carry out the policy set forth in paragraph (1), the States may enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste.
(b) Applicability to Federal activities
(1) In general
(A) Activities of the Secretary
Except as provided in subparagraph (B), no compact or action taken under a compact shall be applicable to the transportation, management, or disposal of any low-level radioactive waste designated in section 2021c(a)(1)(B)(i)–(iii) of this title.
(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.
(3) Effect of compacts on Federal law
Nothing contained in
(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
(4) Federal authority
Except as expressly provided in
(5) State authority preserved
Except as expressly provided in
(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.
(
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Prior Provisions
A prior section 2021d,
Texas Low-Level Radioactive Waste Disposal Compact Consent Act
"SECTION 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 (
"SEC. 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 [Sept. 20, 1998];
"(2) is granted subject to the provisions of the Low-Level Radioactive Waste Policy Act (
"(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 [Sept. 20, 1998], and at such intervals thereafter as may be provided in such compact.
"SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.
"(a)
"(b)
Southwestern Low-Level Radioactive Waste Disposal Compact Consent Act
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Southwestern 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 [
"SEC. 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 [Nov. 23, 1988];
"(2) is granted subject to the provisions of the Low-Level Radioactive Waste Policy Act [
"(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 enactment of this Act [Nov. 23, 1988], and at such intervals thereafter as may be provided in such compact.
"SEC. 5. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (
Appalachian States Low-Level Radioactive Waste Compact Consent Act
"SECTION 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 [
"SEC. 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 [May 19, 1988],
"(2) is granted subject to the provisions of the Low-Level Radioactive Waste Policy Act [
"(3) is granted only for so long as the Appalachian States Low-Level 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 [May 19, 1988], 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 (
Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act
"SEC. 201. SHORT TITLE.
"This Title may be cited as the 'Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act'.
"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 [Jan. 15, 1986];
"(2) is granted subject to the provisions of the Low-Level Radioactive Waste Policy Act, as amended [
"(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 10-year period following the date of the enactment of this Act [Jan. 15, 1986], and at such intervals thereafter as may be provided in such compact.
"Subtitle B—Congressional Consent to Compacts
"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: [Text of compact appears at
"SEC. 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: [Text of compact appears at
"SEC. 223. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (
"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 (
"SEC. 225. MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT.
"The consent of Congress is hereby given to the States of Iowa, Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to enter into the Midwest Interstate Compact on Low-level Radioactive Waste Management. Such compact is as follows: [Text of compact appears at
"SEC. 226. ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (
"SEC. 227. NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act [
§2021e. 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), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for low-level radioactive waste generated by any source not referred to in paragraph (1).
(3) Allocation of disposal capacity
(A) During the seven-year period beginning January 1, 1986 and ending December 31, 1992, low-level radioactive waste generated within a sited compact region shall be accorded priority under this section in the allocation of available disposal capacity at a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) and located in the sited compact region in which such waste is generated.
(B) Any State in which a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) is located may, subject to the provisions of its compact, prohibit the disposal at such facility of low-level radioactive waste generated outside of the compact region if the disposal of such waste in any given calendar year, together with all other low-level radioactive waste disposed of at such facility within that same calendar year, 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 subsection (b): Provided, however, That in the event that all three States in which regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b) act to prohibit the disposal of low-level radioactive waste pursuant to this subparagraph, each such State shall, in accordance with any applicable procedures of its compact, permit, as necessary, the disposal of additional quantities of such waste in increments of 10 per centum of the average annual volume for each such facility designated in subsection (b).
(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).
(4) Cessation of operation of low-level radioactive waste disposal facility
No provision of this section shall be construed to obligate any State referred to in paragraphs (1) through (3) of subsection (b) to accept low-level radioactive waste from any source in the event that the regional disposal facility located in such State ceases operations.
(b) Limitations
The availability of disposal capacity for low-level radioactive waste from any source shall be subject to the following limitations:
(1) Barnwell, South Carolina
The State of South Carolina, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal facility located at 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 low-level radioactive waste).
(2) Richland, Washington
The State of Washington, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal facility located at Richland, Washington to a total of 9,800,000 cubic feet of low-level 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 low-level radioactive waste).
(3) Beatty, Nevada
The State of Nevada, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal facility located at Beatty, Nevada to a total of 1,400,000 cubic feet of low-level radioactive waste during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of 200,000 cubic feet of low-level radioactive waste).
(c) Commercial nuclear power reactor allocations
(1) Amount
Subject to the provisions of subsections (a) through (g) each commercial nuclear power reactor shall upon request receive an allocation of low-level radioactive waste disposal capacity (in cubic feet) at the facilities referred to in subsection (b) during the 4-year transition period beginning January 1, 1986, and ending December 31, 1989, and during the 3-year licensing period beginning January 1, 1990, and ending December 31, 1992, in an amount calculated by multiplying the appropriate number from the following table by the number of months remaining in the applicable period as determined under paragraph (2).
Reactor Type | 4-year Transition Period | 3-year Licensing Period | ||
---|---|---|---|---|
In Sited Region | All Other Locations | In Sited Region | All Other Locations | |
PWR | 1027 | 871 | 934 | 685 |
BWR | 2300 | 1951 | 2091 | 1533 |
(2) Method of calculation
For purposes of calculating the aggregate amount of disposal capacity available to a commercial nuclear power reactor under this subsection, the number of months shall be computed beginning with the first month of the applicable period, or the sixteenth month after receipt of a full power operating license, whichever occurs later.
(3) Unused allocations
Any unused allocation under paragraph (1) received by a reactor during the transition period or the licensing period may be used at any 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
(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.
(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 seven-year interim access period.
(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.
(d) Use of surcharge funds for milestone incentives; consequences of failure to meet disposal deadline
(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, in addition to the fees and surcharges generally applicable for disposal of low-level radioactive waste in the regional disposal facility involved. Except as provided in subsection (e)(2), such surcharges shall not exceed—
(A) in 1986 and 1987, $10 per cubic foot of low-level radioactive waste;
(B) in 1988 and 1989, $20 per cubic foot of low-level radioactive waste; and
(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level radioactive waste.
(2) Milestone incentives
(A) Escrow account
Twenty-five per centum of all surcharge fees received by a State pursuant to paragraph (1) during the seven-year period referred to in subsection (a) shall be transferred on a monthly basis to an escrow account held by the Secretary. The Secretary shall deposit all funds 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)
(ii)
(iii)
(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 subparagrah 1 (A), shall be paid by the Secretary in accordance with subparagraph (D) if, by January 1, 1993, the State in which such waste originated (or its compact region, where applicable) is able to provide for the disposal of all low-level radioactive waste generated within such State or compact region.
(C) Failure to meet January 1, 1993 deadline
If, by January 1, 1993, a State (or, where applicable, a compact region) in which low-level radioactive waste is generated is unable to provide for the disposal of all such waste generated within such State or compact region—
(i) each State in which such waste is generated, upon the request of the generator or owner of the waste, shall take title to the waste, shall be obligated to take possession of the waste, and shall be liable for all damages directly or indirectly incurred by such generator or owner as a consequence of the 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; or
(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 (1) for low-level radioactive waste disposed of under this section during the period beginning January 1, 1990 and ending December 31, 1992 shall be repaid, with interest, to each generator from whom such surcharge was collected. Repayments made pursuant to this clause shall be made on a monthly basis, with the first such repayment beginning on February 1, 1993, in an amount equal to one thirty-sixth of the total amount required to be repaid pursuant to this clause, and shall continue until the State (or, where applicable, compact region) in which such low-level radioactive waste is 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 1, 1996, each State in which such waste is generated, upon the request of the generator or owner of the waste, shall take title to the waste, be obligated to take possession of the waste, and shall be liable for all damages directly or indirectly incurred by such generator or owner as a consequence of the failure of the State to take possession of the waste as soon after January 1, 1996, as the generator or owner notifies the State that the waste is available for shipment.
(D) Recipients of payments
The payments described in subparagraphs (B) and (C) shall be paid within thirty days after the applicable date—
(i) if the State in which such waste originated is not a member of a compact region, to such State;
(ii) if the State in which such waste originated is a member of the compact region, to the compact commission serving such State.
(E) Uses of payments
(i) Limitations
Any amount paid under subparagraphs (B) or (C) may only be used to—
(I) establish low-level radioactive waste disposal facilities;
(II) mitigate the impact of low-level radioactive waste disposal facilities on the host State;
(III) regulate low-level radioactive waste disposal facilities; or
(IV) ensure the decommissioning, closure, and care during the period of institutional control of low-level radioactive waste disposal facilities.
(ii) Reports
(I) Recipient
Any State or compact commission receiving a payment under subparagraphs (B) or (C) shall, on December 31 of each year in which any such funds are expended, submit a report to the Department of Energy itemizing any such expenditures.
(II) 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 (1). Such payment shall be made not later than 30 days after a determination of ineligibility for a refund is made.
(G) Penalty surcharges
No rebate shall be made under this subsection of any surcharge or penalty surcharge paid during a period of noncompliance with subsection (e)(1).
(e) Requirements for access to regional disposal facilities
(1) Requirements for non-sited compact regions and non-member States
Each non-sited compact region, or State that is not a member of a compact region that does not have an operating disposal facility, shall comply with the following requirements:
(A) By July 1, 1986, each such non-member State shall ratify compact legislation or, by the enactment of legislation or the certification of the Governor, indicate its intent to develop a site for the location of a low-level radioactive waste disposal facility within such State.
(B) By January 1, 1988
(i) each non-sited compact region shall identify the State in which its low-level radioactive waste disposal facility is to be located, or shall have selected the developer for such facility and the site to be developed, and each compact region or the State in which its low-level radioactive waste disposal facility is to be located shall develop a siting plan for such facility providing detailed procedures and a schedule for establishing a 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
(C) By January 1, 1990
(i) a complete application (as determined by the Nuclear Regulatory Commission or the appropriate agency of an agreement State) shall be filed for a license to operate a low-level radioactive waste disposal facility within each non-sited compact region or within each non-member State; or
(ii) the Governor (or, for any State without a Governor, the chief executive officer) of any State that is not a member of a compact region in compliance with clause (i), or has not complied with such clause by its own actions, shall provide a written certification to the Nuclear Regulatory Commission, that such State will be capable of providing for, and will provide for, the storage, disposal, or management of any low-level radioactive waste generated within such State and requiring disposal after December 31, 1992, and include a description of the actions that will be taken to ensure that such capacity exists.
(D) By January 1, 1992, a complete application (as determined by the Nuclear Regulatory Commission or the appropriate agency of an agreement State) shall be filed for a license to operate a low-level radioactive waste disposal facility within each non-sited compact region or within each non-member State.
(E) The Nuclear Regulatory Commission shall transmit any certification received under subparagraph (C) to the Congress and publish any such certification in the Federal Register.
(F) Any State may, subject to all applicable provisions, if any, of any applicable compact, enter into an agreement with the compact commission of a region in which a regional disposal facility is located to provide for the disposal of all low-level radioactive waste generated within such State, and, by virtue of such agreement, may, with the approval of the State in which the regional disposal facility is located, be deemed to be in compliance with subparagraphs (A), (B), (C), and (D).
(2) Penalties for failure to comply
(A) By July 1, 1986
If any State fails to comply with subparagraph (1)(A)—
(i) any generator of low-level radioactive waste within such region or non-member State shall, for the period beginning July 1, 1986, and ending December 31, 1986, be charged 2 times the surcharge otherwise applicable under subsection (d); and
(ii) on or after January 1, 1987, any low-level radioactive waste generated within such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b).
(B) By January 1, 1988
If any non-sited compact region or non-member State fails to comply with paragraph (1)(B)—
(i) any generator of low-level radioactive waste within such region or non-member State shall—
(I) for the period beginning January 1, 1988, and ending June 30, 1988, be charged 2 times the surcharge otherwise applicable under subsection (d); and
(II) for the period beginning July 1, 1988, and ending December 31, 1988, be charged 4 times the surcharge otherwise applicable under subsection (d); and
(ii) on or after January 1, 1989, any low-level radioactive waste generated within such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b).
(C) By January 1, 1990
If any non-sited compact region or non-member State fails to comply with paragraph (1)(C), any low-level radioactive waste generated within such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b).
(D) By January 1, 1992
If any non-sited compact region or non-member State fails to comply with paragraph (1)(D), any generator of low-level radioactive waste within such region or non-member State shall, for the period beginning January 1, 1992 and ending upon the filing of the application described in paragraph (1)(D), be charged 3 times the surcharge otherwise applicable under subsection (d).
(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 this subsection shall be terminated after the non-sited compact region or non-member State involved complies with such requirements.
(f) Monitoring of compliance and denial of access to non-Federal facilities for noncompliance; information requirements of certain States; proprietary information
(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)(1).
(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.
(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)
(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
(III) 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
(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.
(
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Constitutionality
For constitutionality of section 102 of
1 So in original. Probably should be "subparagraph".
§2021f. 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.
(c) Determination of Nuclear Regulatory Commission
(1) Required determination
Not later than 45 days after receiving a request under subsection (b), the Nuclear Regulatory Commission shall determine whether—
(A) emergency access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security; and
(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
(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 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.
(d) Temporary emergency access
Upon determining that emergency access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security, the Nuclear Regulatory Commission may at its discretion grant temporary emergency access, pending its determination whether the threat could be mitigated by any alternative consistent with the public health and safety. In granting access under this subsection, the Nuclear Regulatory Commission shall provide the same notification and information required under subsection (c). Absent a determination that no alternative consistent with the public health and safety would mitigate the threat, access granted under this subsection shall expire 45 days after the granting of temporary emergency access under this subsection.
(e) Extension of emergency access
The Nuclear Regulatory Commission may grant one extension of emergency access beyond the period provided in subsection (c), if it determines that emergency access continues to be necessary because of an immediate and serious threat to the public health and safety or the common defense and security that cannot be mitigated by any alternative consistent with the public health and safety, and that the generator of low-level radioactive waste granted emergency access and the State in which such low-level radioactive waste was generated have diligently though unsuccessfully acted during the period of the initial grant to eliminate the need for emergency access. Any extension granted under this subsection shall be for the minimum volume and duration the Nuclear Regulatory Commission finds necessary to eliminate the immediate threat to public health and safety or the common defense and security, and shall not in any event exceed 180 days.
(f) Reciprocal access
Any compact region or State not a member of a compact that provides emergency access to non-Federal disposal facilities within its borders shall be entitled to reciprocal access to any subsequently operating non-Federal disposal facility that serves the State or compact region in which low-level radioactive waste granted emergency access was generated. The compact commission or State having authority to approve importation of low-level radioactive waste to the disposal facility to which emergency access was granted shall designate for reciprocal access an equal volume of low-level radioactive waste having similar characteristics to that provided emergency access.
(g) Approval by compact commission
Any grant of access under this section shall be submitted to the compact commission for the region in which the designated disposal facility is located for such approval as may be required under the terms of its compact. Any such compact commission shall act to approve emergency access not later than 15 days after receiving notification from the Nuclear Regulatory Commission, or reciprocal access not later than 15 days after receiving notification from the appropriate authority under subsection (f).
(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
(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
(k) Agreement States
Any agreement under
(
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
§2021g. Responsibilities of 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 detemined 1 by the Secretary to require assistance for purposes of carrying out
(1) continuing technical assistance to assist them in fulfilling their responsibilities under
(2) through the end of fiscal year 1993, financial assistance to assist them in fulfilling their responsibilities under
(b) Omitted
(
Codification
Subsec. (b) of this section, which required the Secretary to prepare and submit to Congress on an annual basis a report on low-level waste disposal, terminated, effective May 15, 2000, pursuant to section 3003 of
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
1 So in original. Probably should be "determined".
§2021h. Alternative disposal methods
(a) Not later than 12 months after January 15, 1986, 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 January 15, 1986, 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.
(
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
§2021i. 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 1 shall—
(1) not later than 12 months after January 15, 1986, establish procedures and develop the technical capability for processing applications for such licenses;
(2) to the extent practicable, complete all activities associated with the review and processing of any application for such a license (except for public hearings) no later than 15 months after the date of receipt of such application; and
(3) to the extent practicable, consolidate all required technical and environmental reviews and public hearings.
(
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
1 So in original. Probably should be "States".
§2021j. Radioactive waste below regulatory concern
(a) Not later than 6 months after January 15, 1986, 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—
(1) a detailed description of the waste materials, including their origin, chemical composition, physical state, volume, and mass; and
(2) the concentration or contamination levels, half-lives, and identities of the radionuclides present.
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.
(
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
§2022. Health and environmental standards for uranium mill tailings
(a) Promulgation and revision of rules for protection from hazards at inactive or depository sites
As soon as practicable, but not later than October 1, 1982, 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 [
(b) Promulgation and revision of rules for protection from hazards at processing or disposal sites
(1) As soon as practicable, but not later than October 31, 1982, the Administrator shall, by rule, propose, and within 11 months thereafter promulgate in final form, 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
(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 [
(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
(1) Before the promulgation of any rule pursuant to this section, the Administrator shall publish the proposed rule in the Federal Register, together with a statement of the research, analysis, and other available information in support of such proposed rule, and provide a period of public comment of at least thirty days for written comments thereon and an opportunity, after such comment period and after public notice, for any interested person to present oral data, views, and arguments at a public 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.
(2) Judicial review of any rule promulgated under this section may be obtained by any interested person only upon such person filing a petition for review within sixty days after such promulgation in the United States court of appeals for the Federal judicial circuit in which such person resides or has his principal place of business. A copy of the petition shall be forthwith transmitted by the clerk of court to the Administrator. The Administrator thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which such rule was based as provided in
(3) Any rule promulgated under this section shall not take effect earlier than sixty calendar days after such promulgation.
(d) Federal and State implementation and enforcement
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 chapter. States exercising authority pursuant to
(e) Other authorities of Administrator unaffected
Nothing in this chapter applicable to byproduct material, as defined in
(f) Implementation or enforcement of Uranium Mill Licensing Requirements
(1) Prior to January 1, 1983, the Commission shall not implement or enforce the provisions of the Uranium Mill Licensing Requirements published as final rules at 45 Federal Register 65521 to 65538 on October 3, 1980 (hereinafter in this subsection referred to as the "October 3 regulations"). After December 31, 1982, the Commission is authorized to implement and enforce the provisions of such October 3 regulations (and any subsequent modifications or additions to such regulations which may be adopted by the Commission), except as otherwise provided in paragraphs (2) and (3) of this subsection.
(2) Following the proposal by the Administrator of standards under subsection (b), the Commission shall review the October 3 regulations, and, not later than 90 days after the date of such proposal, suspend implementation and enforcement of any provision of such regulations which the Commission determines after notice and opportunity for public comment to require a major action or major commitment by licensees which would be unnecessary if—
(A) the standards proposed by the Administrator are promulgated in final form without modification, and
(B) the Commission's requirements are modified to conform to such standards.
Such suspension shall terminate on the earlier of April 1, 1984 or the date on which the Commission amends the October 3 regulations to conform to final standards promulgated by the Administrator under subsection (b). During the period of such suspension, the Commission shall continue to regulate byproduct material (as defined in
(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.
(4) Nothing in this subsection may be construed as affecting the authority or responsibility of the Commission under
(Aug. 1, 1946, ch. 724, title I, §275, as added
References in Text
The Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (a), is
The Solid Waste Disposal Act, as amended, referred to in subsecs. (a) and (b)(2), is title II of
This chapter, referred to in subsecs. (b), (d), (e), and (f)(2), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
The Clean Air Act of 1970, as amended, referred to in subsec. (e), probably means the Clean Air Act, which is act July 14, 1955, ch. 360,
The Federal Water Pollution Control Act, as amended, referred to in subsec. (e), is act June 30, 1948, ch. 758, as amended generally by
Amendments
1983—Subsec. (a).
Subsec. (b)(1).
Subsec. (f).
Effective Date
Section effective Nov. 8, 1978, see section 208 of
§2023. State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission
(a) In general
No provision of this chapter, or of the Low-Level Radioactive Waste Policy Act [
(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 low-level radioactive waste on October 24, 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.
(Aug. 1, 1946, ch. 724, title I, §276, as added
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
The Low-Level Radioactive Waste Policy Act, referred to in subsec. (a), is
SUBCHAPTER II—ORGANIZATION
§§2031, 2032. Repealed. Pub. L. 93–438, title I, §104(a), Oct. 11, 1974, 88 Stat. 1237
Section 2031, act Aug. 1, 1946, ch. 724, §21, as added Aug. 30, 1954, ch. 1073, §1,
Provisions similar to section 2031 were contained in
Another prior section 21 of act Aug. 1, 1946, ch. 724,
Section 2032, act Aug. 1, 1946, ch. 724, §22, as added Aug. 30, 1954, ch. 1073, §1,
Provisions similar to section 2032 were contained in
Effective Date of Repeal
Repeal effective 120 days after Oct. 11, 1974, or on such earlier date as the President may prescribe and publish in the Federal Register, see section 312(a) of
Ex. Ord. No. 9816. Transfer of Property and Personnel to the Atomic Energy Commission
Ex. Ord. No. 9816, eff. Dec. 31, 1946, 12 F.R. 37, provided:
By virtue of the authority vested in me by the Constitution and the statutes, including the Atomic Energy Act of 1946 [this chapter], and as President of the United States and Commander in Chief of the Army and the Navy, it is hereby ordered and directed as follows:
1. There are transferred to the Atomic Energy Commission all interests owned by the United States or any Government agency in the following property:
(a) All fissionable material; all atomic weapons and parts thereof; all facilities, equipment, and materials for the processing, production, or utilization of fissionable material or atomic energy; all processes and technical information of any kind, and the source thereof (including data, drawings, specifications, patents, patent applications, and other sources) relating to the processing, production, or utilization of fissionable material or atomic energy; and all contracts, agreements, leases, patents, applications for patents, inventions and discoveries (whether patented or unpatented), and other rights of any kind concerning any such items.
(b) All facilities, equipment, and materials, devoted primarily to atomic energy research and development.
2. There also are transferred to the Atomic Energy Commission all property, real or personal, tangible or intangible, including records, owned by or in the possession, custody or control of the Manhattan Engineer District, War Department, in addition to the property described in paragraph 1 above. Specific items of such property, including records, may be excepted from transfer to the Commission in the following manner:
(a) The Secretary of War shall notify the Commission in writing as to the specific items of property or records he wishes to except; and
(b) If after full examination of the facts by the Commission, it concurs in the exception, those specific items of property or records shall be excepted from transfer to the Commission; or
(c) If after full examination of the facts by the Commission, it does not concur in the exception, the matter shall be referred to the President for decision.
3. The Atomic Energy Commission shall exercise full jurisdiction over all interests and property transferred to the Commission in paragraphs 1 and 2 above, in accordance with the provisions of the Atomic Energy Act of 1946 [this chapter].
4. Any Government agency is authorized to transfer to the Atomic Energy Commission, at the request of the Commission, any property, real or personal, tangible or intangible, acquired or used by such Government agency in connection with any of the property or interests transferred to the Commission by paragraphs 1 and 2 above.
5. Each Government agency shall supply the Atomic Energy Commission with a report on, and an accounting and inventory of, all interests and property, described in paragraphs 1, 2 and 4 above, owned by or in the possession, custody, or control of such Government agency, the form and detail of such report, accounting and inventory, to be determined by mutual agreement, or, in case of nonagreement, by the Director of the Bureau of the Budget.
6. (a) There also are transferred to the Atomic Energy Commission, all civilian officers and employees of the Manhattan Engineer District, War Department, except that the Commission and the Secretary of War may by mutual agreement exclude any of such personnel from transfer to the Commission.
(b) The military and naval personnel heretofore assigned or detailed to the Manhattan Engineer District. War Department, shall continue to be made available to the Commission, for military and naval duty, in similar manner, without prejudice, to the military or naval status of such personnel, for such periods of time as may be agreed mutually by the Commission and the Secretary of War or the Secretary of the Navy.
7. The assistance and the services, personal or other, including the use of property, heretofore made available by any Government agency to the Manhattan Engineer District, War Department, shall be made available to the Atomic Energy Commission for the same purposes as heretofore and under the arrangements now existing until terminated after 30 days notice given by the Commission or by the Government agency concerned in each case.
8. The Commission is authorized to exercise all of the powers and functions vested in the Secretary of War by Executive Order No. 9001, of December 27, 1941, as amended, in so far as they relate to contracts heretofore made by or hereby transferred to the Commission.
9. Such further measures and dispositions as may be determined by the Atomic Energy Commission and any Government agency concerned to be necessary to effectuate the transfers authorized or directed by this order shall be carried out in such manner as the Director of the Bureau of the Budget may direct and by such agencies as he may designate.
10. This order shall be effective as of midnight, December 31, 1946.
Ex. Ord. No. 9816, was amended by Ex. Ord. No. 10657, Feb. 15, 1956, 21 F.R. 1063, and Ex. Ord. No. 11105, Apr. 19, 1963, 28 F.R. 3909, formerly set out as notes under
Ex. Ord. No. 9829. Extension of Executive Order No. 9177 to Atomic Energy Committee
Ex. Ord. No. 9829, eff. Feb. 21, 1947, 12 F.R. 1259, provided:
By virtue of the authority vested in me by the Constitution and laws of the United States, and particularly by Title I of the First War Powers Act, 1941, approved December 18, 1941 (
This order shall be applicable to articles entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 1947.
§2033. Principal 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 process and papers within the District of Columbia.
(Aug. 1, 1946, ch. 724, title I, §23, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Expenses for Move to New Principal Office
§2034. General Manager, Deputy and Assistant General Managers
There is established within the Commission—
(a) General Manager; chief executive officer; duties; appointment; removal
a General Manager, who shall be the chief executive officer of the Commission, and who shall discharge such of the administrative and executive functions of the Commission as the Commission may direct. The General Manager shall be appointed by the Commission, shall serve at the pleasure of the Commission and shall be removable by the Commission.
(b) Deputy General Manager; duties; appointment; removal
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.
(c) Assistant General Managers; duties; appointment; removal
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.
(Aug. 1, 1946, ch. 724, title I, §24, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1964—Subsec. (a).
Subsec. (b).
Subsec. (c).
1957—Subsec. (a).
Subsecs. (b), (c).
Effective Date of 1964 Amendment
Amendment by
§2035. Divisions, offices, and positions
There is established within the Commission—
(a) Program divisions; appointment and powers of Assistant General Manager and Division Directors
a Division of Military Application and such other program divisions (not to exceed ten in number) as the Commission may determine to the necessary to the discharge of its responsibilities, including a division or divisions the primary responsibilities of which include the development and application of civilian uses of atomic energy. The Division of Military Application shall be under the direction of an Assistant General Manager for Military Application, who shall be appointed by the Commission and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade, as appropriate. Each other program division shall be under the direction of a Director who shall be appointed by the Commission. The Commission shall require each such division to exercise such of the Commission's administrative and executive powers as the Commission may determine;
(b) General Counsel
an Office of the General Counsel under the direction of the General Counsel who shall be appointed by the Commission; and
(c) Inspection Division; duties
an Inspection Division under the direction of a Director who shall be appointed by the Commission. The Inspection Division shall be responsible for gathering information to show whether or not the contractors, licensees, and officers and employees of the Commission are complying with the provisions of this chapter (except those provisions for which the Federal Bureau of Investigation is responsible) and the appropriate rules and regulations of the Commission.
(d) Executive management positions; appointment; removal
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.
(Aug. 1, 1946, ch. 724, title I, §25, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1967—Subsec. (a).
1964—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1957—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Effective Date of 1964 Amendment
Amendment by
Transfer of Functions
Divisions of Military Application and Naval Reactors, both established under this section, transferred to Department of Energy by
Atomic Energy Commission abolished and functions transferred by
§2036. Repealed. Pub. L. 95–91, title VII, §709(c)(1), Aug. 4, 1977, 91 Stat. 608
Section, act Aug. 1, 1946, ch. 724, §26, as added Aug. 30, 1954, ch. 1073, §1,
Provisions similar to this section were contained in
§2037. Repealed. Pub. L. 99–661, div. C, title I, §3137(c), Nov. 14, 1986, 100 Stat. 4066
Section, act Aug. 1, 1946, ch. 724, §27, as added Aug. 30, 1954, ch. 1073, §1,
§2038. Appointment of Army, Navy, or Air Force officer as Assistant General Manager for Military Application; Chairman of Military Liaison Committee; compensation
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. 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 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.
(Aug. 1, 1946, ch. 724, title I, §28, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
2001—
1967—
1964—
Effective Date of 1964 Amendments
Amendment by
Amendment by
§2039. Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation
There is established an Advisory Committee on Reactor Safeguards consisting of a maximum of fifteen members appointed by the Commission for terms of four years each. The Committee shall review safety studies and facility license applications referred to it and shall make reports thereon, shall advise the Commission with regard to the hazards of proposed or existing reactor facilities and the adequacy of proposed reactor safety standards, and shall perform such other duties as the Commission may request. One member shall be designated by the Committee as its Chairman. The members of the Committee shall receive a per diem compensation for each day spent in meetings or conferences, or other work of the Committee, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Committee. The provisions of
(Aug. 1, 1946, ch. 724, title I, §29, as added
Amendments
1998—
1977—
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
§2040. Fellowship program of Advisory Committee on Reactor Safeguards; selection of fellowships
To assist the Advisory Committee on Reactor Safeguards in carrying out its function, the committee shall establish a fellowship program under which persons having appropriate engineering or scientific expertise are assigned particular tasks relating to the functions of the committee. Such fellowship shall be for 2-year periods and the recipients of such fellowships shall be selected pursuant to such criteria as may be established by the committee.
(
Codification
Section was not enacted as part of the Atomic Energy Act of 1954.
SUBCHAPTER III—RESEARCH
§2051. Research and development assistance
(a) Contracts and loans for research activities
The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to—
(1) nuclear processes;
(2) the theory and production of atomic energy, including processes, materials, and devices related to such production;
(3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes;
(4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in the commercial or industrial application of atomic energy;
(5) the protection of health and the promotion of safety during research and production activities; and
(6) the preservation and enhancement of a viable environment by developing more efficient methods to meet the Nation's energy needs.
(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); and
(2) to provide grants, loans, cooperative agreements, contracts, and equipment to institutions of higher education (as defined in
(c) Purchase of supplies without advertising
The Commission may (1) make arrangements pursuant to this section, without regard to the provisions of
(d) Prevention of dissemination of information prohibited; other conditions of agreements
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.
(Aug. 1, 1946, ch. 724, title I, §31, as added Aug. 30, 1954, ch. 1073, §1,
Codification
In subsec. (c)(1), "
Prior Provisions
Provisions similar to this section were contained in
Amendments
2005—Subsec. (b).
1971—Subsec. (a)(6).
1970—Subsec. (a)(4).
1956—Subsec. (a). Act Aug. 6, 1956, §2, inserted "and training" after "development" in first sentence.
Subsecs. (b) to (d). Act Aug. 6, 1956, §3, added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Three Mile Island Nuclear Station, Pa.; Feasibility of Epidemiological Research on Health Effects of Low-Level Radiation; Report to Congress
Study on Health Effects of Low-Level Radiation; Report to Congress
§2052. Research by Commission
The Commission is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in
(Aug. 1, 1946, ch. 724, title I, §32, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
§2053. Research for others; charges
In this section, with respect to international research projects, the term "private facilities or laboratories" means facilities or laboratories located in the United States. 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
(Aug. 1, 1946, ch. 724, title I, §33, as added Aug. 30, 1954, ch. 1073, §1,
Amendments
2018—
1971—
1967—
SUBCHAPTER IV—PRODUCTION OF SPECIAL NUCLEAR MATERIAL
§2061. Production facilities
(a) Ownership
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
(b) Operation of Commission's facilities
The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports pertaining to activities under the contract to the Commission as the Commission may require, (B) to submit to inspection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be prescribed by the Commission. Any contract made under the provisions of this subsection may be made without regard to the provisions of
(c) Operation of other facilities
Special nuclear material may be produced in the facilities which under this section are not required to be owned by the Commission.
(Aug. 1, 1946, ch. 724, title I, §41, as added Aug. 30, 1954, ch. 1073, §1,
Codification
In subsec. (b), "
Prior Provisions
Provisions similar to those comprising this section were contained in section 4 of act Aug. 1, 1946, ch. 724,
Amendments
1992—Subsec. (a).
1990—Subsec. (a)(2).
1967—Subsec. (b).
References to United States Enrichment Corporation
References to 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
Isotope Production and Distribution Program Fund
Similar provisions were contained in the following prior appropriation acts:
§2062. 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.
(Aug. 1, 1946, ch. 724, title I, §42, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to those comprising this section were contained in section 4 of act Aug. 1, 1946, ch. 724,
§2063. 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
(Aug. 1, 1946, ch. 724, title I, §43, as added Aug. 30, 1954, ch. 1073, §1,
Codification
In text, "
Prior Provisions
Provisions similar to those comprising this section were contained in section 5 of act Aug. 1, 1946, ch. 724,
§2064. Disposition of energy; regulation on sale
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 chapter 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.
(Aug. 1, 1946, ch. 724, title I, §44, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to those comprising this section were contained in section 7(d) of act Aug. 1, 1946, ch. 724,
§2065. Improving the reliability of domestic medical isotope supply
(a) Medical isotope development projects
(1) In general
The Secretary shall carry out a technology-neutral program—
(A) to evaluate and support projects for the production in the United States, without the use of highly enriched uranium, of significant quantities of molybdenum-99 for medical uses;
(B) to be carried out in cooperation with non-Federal entities; and
(C) the costs of which shall be shared in accordance with
(2) Criteria
Projects shall be evaluated against the following primary criteria:
(A) The length of time necessary for the proposed project to begin production of molybdenum-99 for medical uses within the United States.
(B) The capability of the proposed project to produce a significant percentage of United States demand for molybdenum-99 for medical uses.
(C) The capability of the proposed project to produce molybdenum-99 in a cost-effective manner.
(D) The cost of the proposed project.
(3) Exemption
An existing reactor in the United States fueled with highly enriched uranium shall not be disqualified from the program if the Secretary determines that—
(A) there is no alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, that can be used in that reactor;
(B) the reactor operator has provided assurances that, whenever an alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and
(C) the reactor operator has provided a current report on the status of its efforts to convert the reactor to an alternative nuclear reactor fuel enriched in the isotope U–235 to less than 20 percent, and an anticipated schedule for completion of conversion.
(4) Public participation and review
The Secretary shall—
(A) develop a program plan and annually update the program plan through public workshops; and
(B) use the Nuclear Science Advisory Committee to conduct annual reviews of the progress made in achieving the program goals and make recommendations to improve program effectiveness.
(b) Development assistance
The Secretary shall carry out a program to provide assistance for—
(1) the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium; and
(2) commercial operations using the fuels, targets, and processes described in paragraph (1).
(c) Uranium lease and take-back
(1) In general
The Secretary shall establish a program to make low enriched uranium available, through lease contracts, for irradiation for the production of molybdenum-99 for medical uses.
(2) Title
The lease contracts shall provide for the producers of the molybdenum-99 to take title to and be responsible for the molybdenum-99 created by the irradiation, processing, or purification of uranium leased under this section.
(3) Duties
(A) Secretary
The lease contracts shall require the Secretary—
(i) to retain responsibility for the final disposition of spent nuclear fuel created by the irradiation, processing, or purification of uranium leased under this section for the production of medical isotopes; and
(ii) to take title to and be responsible for the final disposition of radioactive waste created by the irradiation, processing, or purification of uranium leased under this section for which the Secretary determines the producer does not have access to a disposal path.
(B) Producer
The producer of the spent nuclear fuel and radioactive waste shall accurately characterize, appropriately package, and transport the spent nuclear fuel and radioactive waste prior to acceptance by the Department.
(4) Compensation
(A) In general
Subject to subparagraph (B), the lease contracts shall provide for compensation in cash amounts equivalent to prevailing market rates for the sale of comparable uranium products and for compensation in cash amounts equivalent to the net present value of the cost to the Federal Government for—
(i) the final disposition of spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3); and
(ii) other costs associated with carrying out the uranium lease and take-back program authorized by this subsection.
(B) Discount rate
The discount rate used to determine the net present value of costs described in subparagraph (A)(ii) shall be not greater than the average interest rate on marketable Treasury securities.
(5) Authorized use of funds
Subject to the availability of appropriations, the Secretary may obligate and expend funds received under leases entered into under this subsection, which shall remain available until expended, for the purpose of carrying out the activities authorized by this subtitle, including activities related to the final disposition of spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3).
(6) Exchange of uranium for services
The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for—
(A) services related to the final disposition of the spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3); or
(B) any other services associated with carrying out the uranium lease and take-back program authorized by this subsection.
(d) Coordination of environmental reviews
The Department and the Nuclear Regulatory Commission shall ensure to the maximum extent practicable that environmental reviews for the production of the medical isotopes shall complement and not duplicate each review.
(e) Operational date
The Secretary shall establish a program as described in subsection (c)(3) not later than 3 years after January 2, 2013.
(f) Radioactive waste
Notwithstanding
(
References in Text
This subtitle, referred to in subsec. (c)(5), is subtitle F (§§3171–3178) of title XXXI of div. C of
Codification
Section was enacted as part of the American Medical Isotopes Production Act of 2012 and also as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Definitions
"(1)
"(2)
"(3)
"(4)
SUBCHAPTER V—SPECIAL NUCLEAR MATERIAL
§2071. Determination of other material as special nuclear material; Presidential assent; effective date
The Commission may determine from time to time that other material is special nuclear material in addition to that specified in the definition as special nuclear material. Before making any such determination, the Commission must find that such material is capable of releasing substantial quantities of atomic energy and must find that the determination that such material is special nuclear material is in the interest of the common defense and security, and the President must have expressly assented in writing to the determination. The Commission's determination, together with the assent of the President, shall be submitted to the Energy Committees 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 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.
(Aug. 1, 1946, ch. 724, title I, §51, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1994—
§2072. Repealed. Pub. L. 88–489, §4, Aug. 26, 1964, 78 Stat. 603
Section, act Aug. 1, 1946, ch. 724, §52, as added Aug. 30, 1954, ch. 1073, §1,
Extinguishment of Rights, Title and Interest in Special Nuclear Material
§2073. Domestic distribution of special nuclear material
(a) Licenses
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
(1) for the conduct of research and development activities of the types specified in
(2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to
(3) for use under a license issued pursuant to
(4) for such other uses as the Commission determines to be appropriate to carry out the purposes of this chapter.
(b) Minimum criteria for licenses
The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of special nuclear material depending upon the degree of importance to the common defense and security or to the health and safety of the public of—
(1) the physical characteristics of the special nuclear material to be distributed;
(2) the quantities of special nuclear material to be distributed; and
(3) the intended use of the special nuclear material to be distributed.
(c) Manner of distribution; charges for material sold; agreements; charges for material leased
(1) The Commission may distribute special nuclear material licensed under this section by sale, lease, lease with option to buy, or grant: Provided, however, That unless otherwise authorized by law, the Commission shall not after December 31, 1970, distribute special nuclear material except by sale to any person who possesses or operates a utilization facility under a license issued pursuant to
(2) The Commission shall establish reasonable sales prices for the special nuclear material licensed and distributed by sale under this section. Such sales prices shall be established on a nondiscriminatory basis which, in the opinion of the Commission, will provide reasonable compensation to the Government for such special nuclear material.
(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.
(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 (a)(1), (2) or (4) 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 (a)(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 (a)(1), (2) or (4), considering, among other things, whether the licensee is a nonprofit or eleemosynary institution and the purposes for which the special nuclear material will be used.
(d) Determination of charges
In determining the reasonable charge to be made by the Commission for the use of special nuclear material distributed by lease to licensees of utilization or production facilities licensed pursuant to
(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
(5) with respect to special nuclear material consumed in a facility licensed pursuant to
(e) License conditions
Each license issued pursuant to this section shall contain and be subject to the following conditions—
(1) Repealed.
(2) no right to the special nuclear material shall be conferred by the license except as defined by the license;
(3) neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of this chapter;
(4) all special nuclear material shall be subject to the right of recapture or control reserved by
(5) no special nuclear material may be used in any utilization or production facility except in accordance with the provisions of this chapter;
(6) special nuclear material shall be distributed only on terms, as may be established by rule of the Commission, such that no user will be permitted to construct an atomic weapon;
(7) special nuclear material shall be distributed only pursuant to such safety standards as may be established by rule of the Commission to protect health and to minimize danger to life or property; and
(8) except to the extent that the indemnification and limitation of liability provisions of
(f) Distribution for independent research and development activities
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. 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.
(Aug. 1, 1946, ch. 724, title I, §53, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsecs. (a)(4) and (e)(3) to (5), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1992—Subsec. (c)(1).
1967—Subsec. (c)(1).
Subsec. (f).
1964—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e)(1).
1958—Subsec. (a)(4).
Subsec. (c).
1957—Subsec. (e)(8).
§2074. Foreign distribution of special nuclear material
(a) Compensation; distribution to International Atomic Energy Agency; procedure for distribution; repurchase of unconsumed materials; price; purchase of materials produced outside United States; price
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
(b) Distribution to persons outside United States of plutonium and other special nuclear material exempted under section 2077(d) of this title ; compensation; reports
Notwithstanding the provisions of
(c) Licensing or granting permission to others to distribute special nuclear material; conditions
The Commission is authorized to license or otherwise permit others to distribute special nuclear material to any person outside the United States under the same conditions, except as to charges, as would be applicable if the material were distributed by the Commission.
(d) Laboratory samples; medical devices; monitoring or other instruments; emergencies
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) Arrangements for storage or disposition of irradiated fuel elements
The authority in this section to commit United States funds for any activities pursuant to any subsequent arrangement under
(Aug. 1, 1946, ch. 724, title I, §54, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
Section 125 of the Atomic Energy Act of 1954, referred to in subsec. (b), is section 125 of act Aug. 1, 1946, ch. 724, as added by
Amendments
1994—Subsec. (a).
1978—Subsec. (d).
Subsec. (e).
1974—
1964—
1961—
1957—
Effective Date of 1978 Amendment
Amendment by
§2075. Acquisition of special nuclear material; payments; just compensation
The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this chapter, to purchase without regard to the limitations in
(Aug. 1, 1946, ch. 724, title I, §55, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Codification
In text, "
Prior Provisions
Provisions similar to this section were contained in
Amendments
1978—
1964—
Effective Date of 1978 Amendment
Amendment by
§2076. Guaranteed purchase prices
The Commission shall establish guaranteed purchase prices for plutonium produced in a nuclear reactor by a person licensed under
(Aug. 1, 1946, ch. 724, title I, §56, as added Aug. 30, 1954, ch. 1073, §1,
Amendments
1970—
1964—
§2077. Unauthorized dealings in special nuclear material
(a) Handling by persons
Unless authorized by a general or specific license issued by the Commission, which the Commission is authorized to issue pursuant to
(b) Engagement or participation in development or production
It shall be unlawful for any person to directly or indirectly engage or participate in the development or production of any special nuclear material outside of the United States except (1) as specifically authorized under an agreement for cooperation made pursuant to
(c) Distribution by Commission
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
(2) distribute any special nuclear material or issue a license pursuant to
(d) Establishment of classes of special nuclear material; exemption of materials, kinds of uses and users from requirement of license
The Commission is authorized to establish classes of special nuclear material and to exempt certain classes or quantities of special nuclear material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public.
(e) Transfer, etc., of special nuclear material
Special nuclear material, as defined in
(Aug. 1, 1946, ch. 724, title I, §57, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
2004—Subsec. (b).
1998—Subsec. (b).
1983—Subsec. (e).
1978—Subsec. (b).
1974—Subsec. (d).
1964—
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Performance of Functions Pending Development of Procedures
The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978,
§2077a. Interagency review of applications for the transfer of United States civil nuclear technology
(a) Report on transfers to covered foreign countries
Not less frequently than every 90 days, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—
(1) a description of the authorizations under
(2) a statement of whether any agency required to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer.
(b) Determination of technologies to be protected
(1) In general
Not later than 90 days after November 25, 2015, and every five years thereafter, the Secretary of Energy shall—
(A) in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, including with respect to a naval propulsion or weapons program; and
(B) notify the appropriate congressional committees with respect to the determination and the technologies covered by the determination.
(2) Notification
(A) In general
Except as provided in subparagraph (B), not later than 14 days before making an authorization under
(i) a notification of the intention of the Secretary to make the authorization for the transfer of such technology; and
(ii) a statement of whether any agency required to be consulted under such
(B) Waiver of deadline
The Secretary may waive the requirement under subparagraph (A) to submit the report required by that subparagraph not later than 14 days before making an authorization for the transfer of a technology covered by a determination under paragraph (1) to a covered foreign country if the Secretary—
(i) determines that an imminent radiological hazard exists; and
(ii) not later than 7 days after determining that such hazard exists, submits to the appropriate congressional committees—
(I) a certification that the hazard exists;
(II) a justification for the waiver; and
(III) the notification required by clause (i) of subparagraph (A) and the statement required by clause (ii) of that subparagraph.
(c) Consultations with intelligence community
(1) In general
The Secretary of Energy shall expeditiously revise part 810 of title 10, Code of Federal Regulations, to ensure that the Director of National Intelligence—
(A) is consulted with respect to the views of the intelligence community (as defined in
(B) is provided with an opportunity to present the views of the Director and the intelligence community on the national security risks of the transfer, if any.
(2) Submission to Congress
The Secretary of Energy, jointly with the Director of National Intelligence, shall include the results of consultations conducted under paragraph (1) in each report under subsection (a) and each notification under subsection (b)(2).
(d) Report on compliance of covered foreign countries and end-users
Not less frequently than annually, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—
(1) an assessment of whether each covered foreign country is in compliance with its obligations under any authorization for the transfer of United States civil nuclear technology under
(2) with respect to any covered foreign country that is not in compliance with such obligations—
(A) a description the efforts of the United States to bring the country into compliance;
(B) an evaluation of the result of such efforts; and
(C) an assessment of the options available to the Secretary as a result of the country not being in compliance;
(3) an assessment of whether each end-user to which United States civil nuclear technology is transferred pursuant to an authorization under such
(4) a description of any consequences for the end-user or the exporter of the technology if the end-user is not in compliance with such obligations.
(e) Report on transfers to all foreign countries
(1) In general
Concurrent with the submission to Congress of the budget of the President for a fiscal year under
(2) Elements
The report required by paragraph (1) shall include—
(A) the number of applications for authorization under
(B) the length of time each such application was under review;
(C) for each such application, an identification of any officer to which the authorization under such
(D) the number of such applications that were granted; and
(E) a description of efforts to streamline the review of such applications, taking into account the proliferation and diversion potential of end-users in the country to which United States civil nuclear technology would be transferred pursuant to such applications.
(f) Notifications of potential diversions
The Director of National Intelligence shall notify the Department of Energy and the appropriate congressional committees not later than 30 days after the date on which the Director determines that there is credible intelligence that United States civil nuclear technology is being or has been diverted—
(1) to a military program in a foreign country to which the transfer of the technology was authorized under
(2) to a foreign country to which the transfer of the technology was not so authorized.
(g) Guidelines
Not later than 60 days after November 25, 2015, the Secretary of Energy shall issue guidance with respect to the use of the clear and intended authority of the Secretary under
(h) Report on transfer of sensitive items
(1) In general
Not later than 180 days after November 25, 2015, and annually thereafter, the President shall submit to the appropriate congressional committees a report—
(A) describing the efforts of covered foreign countries to prevent the transfer of sensitive items, including efforts to improve the prevention of the transfer of such items; and
(B) assessing the adequacy of such efforts.
(2) Sensitive items defined
In this subsection, the term "sensitive items" means goods, services, and technologies described in section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act (
(i) Definitions
In this section:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the congressional defense committees;
(B) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(C) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Covered foreign country
The term "covered foreign country" means a foreign country that is a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow July 1, 1968, but does not include the United States, the United Kingdom, or France.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2016, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Amendments
2018—Subsec. (e)(2)(C) to (E).
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
Delegation of Authority Pursuant to Section 3136(h) of the National Defense Authorization Act for Fiscal Year 2016
Memorandum of President of the United States, May 10, 2016, 81 F.R. 31161, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
I hereby delegate functions and authorities vested in the President by section 3136(h) of the National Defense Authorization Act for Fiscal Year 2016 (
Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§2078. Congressional review of guaranteed purchase price, guaranteed purchase price period, and criteria for waiver of charges
Before the Commission establishes any guaranteed purchase price or guaranteed purchase price period in accordance with the provisions of
(Aug. 1, 1946, ch. 724, title I, §58, as added
Amendments
1994—
1964—
SUBCHAPTER VI—SOURCE MATERIAL
§2091. Determination of source material
The Commission may determine from time to time that other material is source material in addition to those specified in the definition of source material. Before making such determination, the Commission must find that such material is essential to the production of special nuclear material and must find that the determination that such material is source material is in the interest of the common defense and security, and the President must have expressly assented in writing to the determination. The Commission's determination, together with the assent of the President, shall be submitted to the Energy Committees and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days) before the determination of the Commission may become effective: Provided, however, That the Energy Committees, after having received such determination, may by resolution in writing waive the conditions of or all or any portion of such thirty-day period.
(Aug. 1, 1946, ch. 724, title I, §61, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1994—
§2092. License requirements for transfers
Unless authorized by a general or specific license issued by the Commission which the Commission is authorized to issue, no person may transfer or receive in interstate commerce, transfer, deliver, receive possession of or title to, or import into or export from the United States any source material after removal from its place of deposit in nature, except that licenses shall not be required for quantities of source material which, in the opinion of the Commission, are unimportant.
(Aug. 1, 1946, ch. 724, title I, §62, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
§2093. Domestic distribution of source material
(a) License
The Commission is authorized to issue licenses for and to distribute source material within the United States to qualified applicants requesting such material—
(1) for the conduct of research and development activities of the types specified in
(2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to
(3) for use under a license issued pursuant to
(4) for any other use approved by the Commission as an aid to science or industry.
(b) Minimum criteria for licenses
The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of source material depending upon the degree of importance to the common defense and security or to the health and safety of the public of—
(1) the physical characteristics of the source material to be distributed;
(2) the quantities of source material to be distributed; and
(3) the intended use of the source material to be distributed.
(c) Determination of charges
The Commission may make a reasonable charge determined pursuant to
(Aug. 1, 1946, ch. 724, title I, §63, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
§2094. Foreign distribution of source material
The Commission is authorized to cooperate with any nation by distributing source material and to distribute source material pursuant to the terms of an agreement for cooperation to which such nation is a party and which is made in accordance with
(Aug. 1, 1946, ch. 724, title I, §64, as added Aug. 30, 1954, ch. 1073, §1,
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Performance of Functions Pending Development of Procedures
The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978,
§2095. Reports
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.
(Aug. 1, 1946, ch. 724, title I, §65, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
§2096. Acquisition of source material; payments
The Commission is authorized and directed, to the extent it deems necessary to effectuate the provisions of this chapter—
(a) 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.
Any purchase made under this section may be made without regard to the provisions of
(Aug. 1, 1946, ch. 724, title I, §66, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Codification
In text, "
Prior Provisions
Provisions similar to this section were contained in
§2097. Operations on lands belonging to United States
The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this chapter, to issue leases or permits for prospecting for, exploration for, mining of, or removal of deposits of source material in lands belonging to the United States: Provided, however, That notwithstanding any other provisions of law, such leases or permits may be issued for lands administered for national park, monument, and wildlife purposes only when the President by Executive Order declares that the requirements of the common defense and security make such action necessary.
(Aug. 1, 1946, ch. 724, title I, §67, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
§2098. Public and acquired lands
(a) Conditions on location, entry, and settlement
No individual, corporation, partnership, or association, which had any part, directly or indirectly, in the development of the atomic energy program, may benefit by any location, entry, or settlement upon the public domain made after such individual, corporation, partnership, or association took part in such project, if such individual, corporation, partnership, or association, by reason of having had such part in the development of the atomic energy program, acquired confidential official information as to the existence of deposits of such uranium, thorium, or other materials in the specific lands upon which such location, entry, or settlement is made, and subsequent to August 30, 1954, made such location, entry, or settlement or caused the same to be made for his, or its, or their benefit.
(b) Reservation of mineral rights; release
Any reservation of radioactive mineral substances, fissionable materials, or source material, together with the right to enter upon the land and prospect for, mine, and remove the same, inserted pursuant to Executive Order 9613 of September 13, 1945, Executive Order 9701 of March 4, 1946, the Atomic Energy Act of 1946, or Executive Order 9908 of December 5, 1947, in any patent, conveyance, lease, permit, or other authorization or instrument disposing of any interest in public or acquired lands of the United States, is released, remised, and quitclaimed to the person or persons entitled upon August 19, 1958 under the grant from the United States or successive grants to the ownership, occupancy, or use of the land under the 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 [
(c) Prior locations
Notwithstanding the provisions of the Atomic Energy Act of 1946, as amended, and particularly section 5(b)(7) thereof, or the provisions of
(Aug. 1, 1946, ch. 724, title I, §68, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
The Atomic Energy Act of 1946, referred to in subsecs. (b) and (c), is act Aug. 1, 1946, ch. 724,
Section 5(b)(7) thereof, referred to in subsec. (c), means section 5(b)(7) of act Aug. 1, 1946, ch. 724,
The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Ex. Ord. No. 9908, eff. Dec. 5, 1947, 12 F.R. 8223; Ex. Ord. No. 9701 eff. Mar. 7, 1946, 11 F.R. 2369, and Ex. Ord. No. 9613, eff. Sept. 13, 1945, 10 F.R. 11789, referred to in subsec. (b), related to reservation of source material in certain lands owned by the United States; reservation of rights to fissionable materials in lands owned by the United States; and withdrawal and reservation for the use of the United States lands containing radio-active mineral substances. Ex. Ord. No. 10596, eff. Feb. 15, 1955, 20 F.R. 1007, revoked Ex. Ord. No. 9908, which had revoked Ex. Ord. No. 9701, which had earlier revoked Ex. Ord. No. 9613.
Prior Provisions
Provisions similar to this section were contained in
Amendments
1958—
§2099. Prohibitions against issuance of license
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.
(Aug. 1, 1946, ch. 724, title I, §69, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
SUBCHAPTER VII—BYPRODUCT MATERIALS
§2111. Domestic distribution
(a) In general
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 2112 or
(b) Requirements
(1) In general
Except as provided in paragraph (2), byproduct material, as defined in paragraphs (3) and (4) of
(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
(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
(c) Treatment as low-level radioactive waste
Byproduct material, as defined in paragraphs (3) and (4) of
(1) section 2 of the Low-Level Radioactive Waste Policy Act (
(2) carrying out a compact that is—
(A) entered into in accordance with that Act (
(B) approved by Congress.
(Aug. 1, 1946, ch. 724, title I, §81, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
The Solid Waste Disposal Act, referred to in subsec. (b)(2), is title II of
The Low-Level Radioactive Waste Policy Act, referred to in subsec. (c)(2)(A), is
Prior Provisions
Provisions similar to this section were contained in
Amendments
2005—
1978—
1974—
§2112. Foreign distribution of byproduct material
(a) Cooperation with other Nations
The Commission is authorized to cooperate with any nation by distributing byproduct material, and to distribute byproduct material, pursuant to the terms of an agreement for cooperation to which such nation is party and which is made in accordance with
(b) Distribution to individuals
The Commission is also authorized to distribute byproduct material to any person outside the United States upon application therefor by such person and demand such charge for such material as would be charged for the material if it were distributed within the United States: Provided, however, That the Commission shall not distribute any such material to any person under this section if, in its opinion, such distribution would be inimical to the common defense and security: And provided further, That the Commission may require such reports regarding the use of material distributed pursuant to the provisions of this section as it deems necessary.
(c) Distributor's license
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.
(Aug. 1, 1946, ch. 724, title I, §82, as added Aug. 30, 1954, ch. 1073, §1,
§2113. Ownership and custody of certain byproduct material and disposal sites
(a) Specific assurances in license for pretermination actions
Any license issued or renewed after the effective date of this section under section 2092 or
(1) the licensee will comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission for sites (A) at which ores were processed primarily for their source material content and (B) at which such byproduct material is deposited, and
(2) ownership of any byproduct material, as defined in
Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) upon termination.
(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
(1)(A) The Commission shall require by rule, regulation, or order that prior to the termination of any license which is issued after the effective date of this section, title to the land, including any 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
(i) the United States, or
(ii) the State in which such land is located, at the option of such State,
unless the Commission determines prior to such termination that transfer of title to such land and such byproduct material is not necessary or desirable to protect the public health, safety, or welfare or to minimize or eliminate danger to life or property. Such determination shall be made in accordance with
(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 transfer to the United States of title to such byproduct material and such land is required under this section, the Secretary of Energy or any Federal agency designated by the President shall, following the Commission's determination of compliance under subsection (c), assume title and custody of such byproduct material and land transferred as provided in this subsection. Such Secretary or Federal agency shall maintain such material and land in such manner as will protect the public health and safety and the environment. Such custody may be transferred to another officer or instrumentality of the United States only upon approval of the President.
(3) If transfer to a State of title to such byproduct material is required in accordance with this subsection, such State shall, following the Commission's determination of compliance under subsection (d), assume title and custody of such byproduct material and land transferred as provided in this subsection. Such State shall maintain such material and land in such manner as will protect the public health, safety, and the environment.
(4) In the case of any such license under
(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
(6) The transfer of title to land or byproduct materials, as defined in
(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
(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
(c) Compliance with applicable standards and license requirements; determination upon termination of license
Upon termination on 1 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.
(Aug. 1, 1946, ch. 724, title I, §83, as added
References in Text
Effective date of this section, referred to in subsecs. (a) and (b)(1)(A), (4), is three years after Nov. 8, 1978, see section 202(b) of
Amendments
1979—Subsec. (a).
Subsec. (b)(1)(A).
Effective Date
Consolidation of Licenses and Procedures
[Provision effective Nov. 8, 1978, see section 208 of
1 So in original. Probably should be "of".
§2114. Authorities of Commission respecting certain byproduct material
(a) Management function
The Commission shall insure that the management of any byproduct material, as defined in
(1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radiological hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,,1
(2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under
(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 [
(b) Rules, regulations, or orders for certain activities; civil penalty
In carrying out its authority under this section, the Commission is authorized to—
(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under
(2) make such studies and inspections and to conduct such monitoring as may be necessary.
Any violation by any person other than the United States or any officer or employee of the United States or a State of any rule, regulation, or order or licensing provision, of the Commission established under this section or
(c) Alternative requirements or proposals
In the case of sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in
(Aug. 1, 1946, ch. 724, title I, §84, as added
References in Text
The Solid Waste Disposal Act, as amended, referred to in subsec. (a)(3), is title II of
This chapter, referred to in subsecs. (b) and (c), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
1983—Subsec. (a)(1).
Subsec. (c).
Effective Date
Section effective Nov. 8, 1978, see section 208 of
SUBCHAPTER VIII—MILITARY APPLICATION OF ATOMIC ENERGY
§2121. Authority of Commission
(a) Research and development; weapons production; hazardous wastes; transfers of technologies
The Commission is authorized to—
(1) conduct experiments and do research and development work in the military application of atomic energy;
(2) engage in the production of atomic weapons, or atomic weapon parts, except that such activities shall be carried on only to the extent that the express consent and direction of the President of the United States has been obtained, which consent and direction shall be obtained at least once each year;
(3) provide for safe storage, processing, transportation, and disposal of hazardous waste (including radioactive waste) resulting from nuclear materials production, weapons production and surveillance programs, and naval nuclear propulsion programs;
(4) carry out research on and development of technologies needed for the effective negotiation and verification of international agreements on control of special nuclear materials and nuclear weapons; and
(5) under applicable law (other than this paragraph) and consistent with other missions of the Department of Energy, make transfers of federally owned or originated technology to State and local governments, private industry, and universities or other nonprofit organizations so that the prospects for commercialization of such technology are enhanced.
(b) Material for Department of Defense use
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) Sale, lease, or loan to other Nations of materials for military applications
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
(1) nonnuclear parts of atomic weapons provided that such nation has made substantial progress in the development of atomic weapons, and other nonnuclear parts of atomic weapons systems involving Restricted Data provided that such transfer will not contribute significantly to that nation's atomic weapon design, development, or fabrication capability; for the purpose of improving that nation's state of training and operational readiness;
(2) utilization facilities for military applications; and
(3) source, byproduct, or special nuclear material for research on, development of, production of, or use in utilization facilities for military applications; and
(4) source, byproduct, or special nuclear material for research on, development of, or use in atomic weapons: Provided, however, That the transfer of such material to that nation is necessary to improve its atomic weapon design, development, or fabrication capability: And provided further, That such nation has made substantial progress in the development of atomic weapons,
whenever the President determines that the proposed cooperation and each proposed transfer arrangement for the nonnuclear parts of atomic weapons and atomic weapons systems, utilization facilities or source, byproduct, or special nuclear material will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with
(Aug. 1, 1946, ch. 724, title I, §91, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1989—Subsec. (a)(3) to (5).
1958—Subsec. (c).
Delegation of Functions
Authority vested in President by subsec. (c) of this section delegated to Secretary of Defense and Secretary of Energy, see section 2(a)(1) of Ex. Ord. No. 10841, as amended, set out as a note under
Form of Certifications Regarding Safety or Reliability of Nuclear Weapons Stockpile
Authority To Provide Certificate of Commendation to Department of Energy and Contractor Employees for Exemplary Service in Stockpile Stewardship and Security
Nuclear Weapons Stockpile Life Extension Program
Report on Stockpile Stewardship Criteria
Panel To Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile
"(a)
"(b)
"(2) The federally funded research and development center shall be responsible for establishing appropriate procedures for the panel, including selection of a panel chairman.
"(c)
"(1) The annual certification process, including the conclusions and recommendations resulting from the process, for the safety, security, and reliability of the nuclear weapons stockpile of the United States, as carried out by the directors of the national weapons laboratories.
"(2) The long-term adequacy of the process of certifying the safety, security, and reliability of the nuclear weapons stockpile of the United States.
"(3) The adequacy of the criteria established by the Secretary of Energy pursuant to section 3158 [formerly set out as a note above] for achieving the purposes for which those criteria are established.
"(d)
"(e)
"(2) For carrying out its duties, the panel shall be provided full and timely cooperation by the Secretary of Energy, the Secretary of Defense, the Commander of United States Strategic Command, the Directors of the Los Alamos National Laboratory, the Lawrence Livermore National Laboratory, the Sandia National Laboratories, the Savannah River Site, the Y–12 Plant, the Pantex Facility, and the Kansas City Plant, and any other official of the United States that the chairman of the panel determines as having information described in paragraph (1).
"(3) The Secretary of Energy and the Secretary of Defense shall each designate at least one officer or employee of the Department of Energy and the Department of Defense, respectively, to serve as a liaison officer between the department and the panel.
"(f)
"(g)
"(h)
"(i)
Commission on Maintaining United States Nuclear Weapons Expertise
Tritium Production Program
Manufacturing Infrastructure for Refabrication and Certification of Nuclear Weapons Stockpile
Fellowship Program for Development of Skills Critical to Department of Energy Nuclear Weapons Complex
Study on Nuclear Test Readiness Postures
Plan for Stewardship, Management, and Certification of Warheads in the Nuclear Weapons Stockpile
Report on Waste Streams Generated by Nuclear Weapons Production Cycle
Prohibition on Research and Development of Low-Yield Nuclear Weapons
[
Stockpile Stewardship Program
Limitations on United States Nuclear Weapons Testing
"(a)
"(b)
"(1) proceeding with underground nuclear test tunnel deactivation and environmental cleanup; or
"(2) expending funds for infrastructure activities not covered by the limitation in subsection (a).
"(c)
"(a) Hereafter, funds made available by this Act or any other Act for fiscal year 1993 or for any other fiscal year may be available for conducting a test of a nuclear explosive device only if the conduct of that test is permitted in accordance with the provisions of this section.
"(b) No underground test of a nuclear weapon may be conducted by the United States after September 30, 1992, and before July 1, 1993.
"(c) On and after July 1, 1993, and before January 1, 1997, an underground test of a nuclear weapon may be conducted by the United States—
"(1) only if—
"(A) the President has submitted the annual report required under subsection (d);
"(B) 90 days have elapsed after the submittal of that report in accordance with that subsection; and
"(C) Congress has not agreed to a joint resolution described in subsection (d)(3) within that 90-day period; and
"(2) only if the test is conducted during the period covered by the report.
"(d)(1) Not later than March 1, of each year beginning after 1992, the President shall submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, in classified and unclassified forms, a report containing the following matters:
"(A) A schedule for resumption of the Nuclear Testing Talks with Russia.
"(B) A plan for achieving a multilateral comprehensive ban on the testing of nuclear weapons on or before September 30, 1996.
"(C) An assessment of the number and type of nuclear warheads that will remain in the United States stockpile of active nuclear weapons on September 30, 1996.
"(D) For each fiscal year after fiscal year 1992, an assessment of the number and type of nuclear warheads that will remain in the United States stockpile of nuclear weapons and that—
"(i) will not be in the United States stockpile of active nuclear weapons;
"(ii) will remain under the control of the Department of Defense; and
"(iii) will not be transferred to the Department of Energy for dismantlement.
"(E) A description of the safety features of each warhead that is covered by an assessment referred to in subparagraph (C) or (D).
"(F) A plan for installing one or more modern safety features in each warhead identified in the assessment referred to in subparagraph (C), as determined after an analysis of the costs and benefits of installing such feature or features in the warhead, should have one or more of such features.
"(G) An assessment of the number and type of nuclear weapons tests, not to exceed 5 tests in any period covered by an annual report under this paragraph and a total of 15 tests in the 4-fiscal year period beginning with fiscal year 1993, that are necessary in order to ensure the safety of each nuclear warhead in which one or more modern safety features are installed pursuant to the plan referred to in subparagraph (F).
"(H) A schedule, in accordance with subparagraph (G), for conducting at the Nevada test site, each of the tests enumerated in the assessment pursuant to subparagraph (G).
"(2) The first annual report shall cover the period beginning on the date on which a resumption of testing of nuclear weapons is permitted under subsection (c) and ending on September 30, 1994. Each annual report thereafter shall cover the fiscal year following the fiscal year in which the report is submitted.
"(3) For the purposes of paragraph (1), 'joint resolution' means only a joint resolution introduced after the date on which the Committees referred to in that paragraph receive the report required by that paragraph the matter after the resolving clause of which is as follows: 'The Congress disapproves the report of the President on nuclear weapons testing, dated .' (the blank space being appropriately filled in).
"(4) No report is required under this subsection after 1996.
"(e)(1) Except as provided in paragraphs (2) and (3), during a period covered by an annual report submitted pursuant to subsection (d), nuclear weapons may be tested only as follows:
"(A) Only those nuclear explosive devices in which modern safety features have been installed pursuant to the plan referred to in subsection (d)(1)(F) may be tested.
"(B) Only the number and types of tests specified in the report pursuant to subsection (d)(1)(G) may be conducted.
"(2)(A) One test of the reliability of a nuclear weapon other than one referred to in paragraph (1)(A) may be conducted during any period covered by an annual report, but only if—
"(i) within the first 60 days after the beginning of that period, the President certifies to Congress that it is vital to the national security interests of the United States to test the reliability of such a nuclear weapon; and
"(ii) within the 60-day period beginning on the date that Congress receives the certification, Congress does not agree to a joint resolution described in subparagraph (B).
"(B) For the purposes of subparagraph (A), 'joint resolution' means only a joint resolution introduced after the date on which the Congress receives the certification referred to in that subparagraph the matter after the resolving clause of which is as follows: 'The Congress disapproves the testing of a nuclear weapon covered by the certification of the President dated .' (the blank space being appropriately filled in).
"(3) The President may authorize the United Kingdom to conduct in the United States, within a period covered by an annual report, one test of a nuclear weapon if the President determines that it is in the national interests of the United States to do so. Such a test shall be considered as one of the tests within the maximum number of tests that the United States is permitted to conduct during that period under paragraph (1)(B).
"(f) [Transferred to
"(g) In the computation of the 90-day period referred to in subsection (c)(1) and the 60-day period referred to in subsection (e)(2)(A)(ii), the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded.
"(h) In this section, the term 'modern safety feature' means any of the following features:
"(1) An insensitive high explosive (IHE).
"(2) Fire resistant pits (FRP).
"(3) An enhanced detonation safety (ENDS) system."
Nuclear Test Ban Readiness Program
§2122. Prohibitions governing atomic weapons
(a) It shall be unlawful, except as provided in
(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.
(Aug. 1, 1946, ch. 724, title I, §92, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
2004—
Subsec. (a).
Subsec. (b).
1958—
§2122a. Repealed. Pub. L. 106–65, div. C, title XXXII, §3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970
Section, act Aug. 1, 1946, ch. 724, title I, §93, as added
Effective Date of Repeal
Repeal effective Mar. 1, 2000, see section 3299 of
§2123. Transferred
Codification
Section,
SUBCHAPTER IX—ATOMIC ENERGY LICENSES
§2131. License required
It shall be unlawful, except as provided in
(Aug. 1, 1946, ch. 724, title I, §101, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1956—Act Aug. 6, 1956, inserted "use," after "possess,".
§2132. Utilization and production facilities for industrial or commercial purposes
(a) Issuance of licenses
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
(b) Facilities constructed or operated under section 2134(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
(c) Cooperative Power Reactor Demonstration facilities
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
(Aug. 1, 1946, ch. 724, title I, §102, as added Aug. 30, 1954, ch. 1073, §1,
Amendments
1970—
§2133. Commercial licenses
(a) Conditions
The Commission is authorized to issue licenses to persons applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation arranged pursuant to
(b) Nonexclusive basis
The Commission shall issue such licenses on a nonexclusive basis to persons applying therefor (1) whose proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized; (2) who are equipped to observe and who agree to observe such safety standards to protect health and to minimize danger to life or property as the Commission may by rule establish; and (3) who agree to make available to the Commission such technical information and data concerning activities under such licenses as the Commission may determine necessary to promote the common defense and security and to protect the health and safety of the public. All such information may be used by the Commission only for the purposes of the common defense and security and to protect the health and safety of the public.
(c) License period
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, and may be renewed upon the expiration of such period.
(d) Limitations
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
(f) 2 Accident notification condition; license revocation; license amendment to include condition
Each license issued for a utilization facility under this section or
(Aug. 1, 1946, ch. 724, title I, §103, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
2005—Subsec. (c).
1980—Subsec. (f).
1970—Subsec. (a).
1956—Subsec. (a). Act Aug. 6, 1956, §12, inserted "use," after "possess,".
Subsec. (d). Act Aug. 6, 1956, §13, inserted "an alien or any" after "issued to".
Advanced Nuclear Reactor Program Licensing
"(1)
"(A) establishing stages in the licensing process for commercial advanced nuclear reactors; and
"(B) developing procedures and processes for—
"(i) using a licensing project plan; and
"(ii) optional use of a conceptual design assessment.
"(2)
"(A) Applicable policy issues identified during the course of review by the Commission of a commercial advanced nuclear reactor licensing application.
"(B) The issues described in SECY–93–092 and SECY–15–077, including—
"(i) licensing basis event selection and evaluation;
"(ii) source terms;
"(iii) containment performance; and
"(iv) emergency preparedness.
"(3)
"(4)
"(5)
"(A) to support the activities described in paragraphs (1) through (4); and
"(B) to support preparations—
"(i) to conduct pre-application interactions; and
"(ii) to review commercial advanced nuclear reactor license applications.
"(6)
[For definitions of terms used in section 103(a) of
2 So in original. Probably should be "(e)".
§2134. Medical, industrial, and commercial licenses
(a) Medical therapy
The Commission is authorized to issue licenses to persons applying therefor for utilization facilities for use in medical therapy. In issuing such licenses the Commission is directed to permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this chapter to promote the common defense and security and to protect the health and safety of the public.
(b) Industrial and commercial purposes
As provided for in subsection (b) or (c) of
(c) Research and development activities
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
(d) Limitations
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
(Aug. 1, 1946, ch. 724, title I, §104, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsecs. (a) to (c), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
2019—Subsec. (c).
1970—Subsec. (b).
Encouraging Private Investment in Research and Test Reactors
§2135. Antitrust provisions governing licenses
(a) Violations of antitrust laws
Nothing contained in this chapter shall relieve any person from the operation of the following Acts, as amended, "An Act to protect trade and commerce against unlawful restraints and monopolies" approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes" approved August twenty-seven, eighteen hundred and ninety-four; "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes" approved October fifteen, nineteen hundred and fourteen; and "An Act to create a Federal Trade Commission, to defined its powers and duties, and for other purposes" approved September twenty-six, nineteen hundred and fourteen. In the event a licensee is found by a court of competent jurisdiction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the laws cited above, to have violated any of the provisions of such laws in the conduct of the licensed activity, the Commission may suspend, revoke, or take such other action as it may deem necessary with respect to any license issued by the Commission under the provisions of this chapter.
(b) Reports to Attorney General
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) Transmissions to Attorney General of copies of license applications; publication of advice; factors considered; exceptions
(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
(3) With respect to any Commission permit for the construction of a utilization or production facility issued pursuant to subsection (b) of
(4) Upon the request of the Attorney General, the Commission shall furnish or cause to be furnished such information as the Attorney General determines to be appropriate for the advice called for in paragraph (1) of this subsection.
(5) Promptly upon receipt of the Attorney General's advice, the Commission shall publish the advice in the Federal Register. Where the Attorney General advises that there may be adverse antitrust aspects and recommends that there be a hearing, the Attorney General or his designee may participate as a party in the proceedings thereafter held by the Commission on such licensing matter in connection with the subject matter of his advice. The Commission shall give due consideration to the advice received from the Attorney General and to such evidence as may be provided during the proceedings in connection with such subject matter, and shall make a finding as to whether the activities under the license would create or maintain a situation inconsistent with the antitrust laws as specified in subsection (a).
(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 (a).
(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
(9)
(Aug. 1, 1946, ch. 724, title I, §105, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
The act to protect trade and commerce against unlawful restraints and monopolies, referred to in subsec. (a), is act July 2, 1890, ch. 647,
Sections seventy-three to seventy-six, inclusive, of an act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes", referred to in subsec. (a), are sections 73 to 76 of act Aug. 27, 1894, ch. 349,
"An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes" approved October fifteen, nineteen hundred and fourteen, referred to in subsec. (a), is act Oct. 15, 1914, ch. 323,
The act to create a Federal Trade Commission, to define its powers and duties, and for other purposes, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311,
Prior Provisions
Provisions similar to this section were contained in
Amendments
2005—Subsec. (c)(9).
2002—Subsec. (a).
1970—Subsec. (c).
1964—Subsec. (a).
Effective Date of 2002 Amendment
Amendment by
§2136. Classes of facilities
The Commission may—
(a) group the facilities licensed either under
(b) define the various activities to be carried on at each such class of facility; and
(c) designate the amounts of special nuclear material available for use by each such facility.
(Aug. 1, 1946, ch. 724, title I, §106, as added Aug. 30, 1954, ch. 1073, §1,
§2137. Operators' licenses
The Commission shall—
(a) prescribe uniform conditions for licensing individuals as operators of any of the various classes of production and utilization facilities licensed in this chapter;
(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 chapter or any rule or regulation issued thereunder whenever the Commission deems such action desirable.
(Aug. 1, 1946, ch. 724, title I, §107, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsecs. (a) and (d), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Technical Capability of Licensee Personnel Improvement Plan; Study of License Requirement for Plant Managers and Senior Licensee Officers; Report to Congress
"(a) The Commission is authorized and directed to prepare a plan for improving the technical capability of licensee personnel to safely operate utilization facilities licensed under section 103 or 104b. of the Atomic Energy Act of 1954 [
"(1) conformity with all conditions and requirements of the operating license;
"(2) early identification of accidents, events, or event sequences which may significantly increase the likelihood of an accident; and
"(3) effective response to any such event or sequence.
Such plan shall include provision for Commission review and approval of the qualifications of personnel conducting any required training and retraining program. The plan shall also include requirements for the renewal of operator licenses including, to the extent practicable, requirements that the operator—
"(A) has been actively and extensively engaged in the duties listed in such license,
"(B) has discharged such duties safely to the satisfaction of the Commission,
"(C) is capable of continuing such duties, and
"(D) has participated in a requalification training program.
Such plan shall include criteria for suspending or revoking operator licenses. In addition, the Commission shall also consider the feasibility of requiring such licensed operator to pass a requalification test every six months including—
"(i) written questions, and
"(ii) emergency simulator exams.
The Commission shall transmit to the Congress the plan required by this subsection within six months after the date of the enactment of this Act [June 30, 1980], and shall implement as expeditiously as practicable each element thereof not requiring legislative enactment.
"(b) The Nuclear Regulatory Commission is authorized and directed to undertake a study of the feasibility and value of licensing, under section 107 of the Atomic Energy Act of 1954 [this section], plant managers of utilization facilities and senior licensee officers responsible for operation of such facilities. The Commission shall report to the Congress within six months of the date of enactment of this Act [June 30, 1980] on the findings and recommendations of the study required by this subsection, and shall expeditiously implement each such recommendation not requiring legislative enactment."
§2138. Suspension of licenses during 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 chapter if in its judgment such action is necessary to the common defense and security. The Commission is authorized during such period, if the Commission finds it necessary to the common defense and security, to order the recapture of any special nuclear material or to order the operation of any facility licensed under
(Aug. 1, 1946, ch. 724, title I, §108, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
1959—
§2139. Component and other parts of facilities
(a) Licenses for domestic activities
With respect to those utilization and production facilities which are so determined by the Commission pursuant to
(b) Export licenses
After consulting with the Secretaries of State, Energy, and Commerce, the Commission is authorized and directed to determine which component parts as defined in
(c) Exports inimical to common defense and security of United States
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
(Aug. 1, 1946, ch. 724, title I, §109, as added Aug. 30, 1954, ch. 1073, §1,
Amendments
1998—Subsec. (b).
1978—Subsec. (a).
Subsecs. (b), (c).
1966—
1962—
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Exports Contracted for Prior to Nov. 1, 1977, Made Within One Year of Mar. 10, 1978; Savings Provision
Performance of Functions Pending Development of Procedures
The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978,
§2139a. Regulations implementing requirements relating to licensing for components and other parts of facilities
(a) Omitted
(b) The Commission, not later than one hundred and twenty days after March 10, 1978, shall publish regulations to implement the provisions of subsections (b) and (c) of
(c) The President, within not more than one hundred and twenty days after March 10, 1978, shall publish procedures regarding the control by the Department of Commerce over all export items, other than those licensed by the Commission, which could be, if used for purposes other than those for which the export is intended, of significance for nuclear explosive purposes. Among other things, these procedures shall provide for prior consultations by the Department of Commerce with the Department of State, the Commission, the Department of Energy, and the Department of Defense.
(
References in Text
Commission, referred to in text, is defined as meaning the Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-Proliferation Act of 1978,
Codification
Section was enacted as part of the Nuclear Non-Proliferation Act of 1978, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Section is based on subsecs. (b) and (c) of
Amendments
1998—Subsec. (b).
Subsec. (c).
1994—Subsec. (c).
Effective Date of 1998 Amendment
Amendment by
Effective Date
Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of
Delegation of Functions
Secretary of Commerce to be responsible for performing function vested in President by subsec. (c) of this section, see section 3 of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
Performance of Functions Pending Development of Procedures
The performance of functions under the Nuclear Non-Proliferation Act of 1978,
§2140. Exclusions from license requirement
Nothing in this subchapter shall be deemed—
(a) to require a license for (1) the processing, fabricating, or refining of special nuclear material, or the separation of special nuclear material, or the separation of special nuclear material from other substances, under contract with and for the account of the Commission; or (2) the construction or operation of facilities under contract with and for the account of the Commission; or
(b) to require a license for the manufacture, production, or acquisition by the Department of Defense of any utilization facility authorized pursuant to
(Aug. 1, 1946, ch. 724, title I, §110, as added Aug. 30, 1954, ch. 1073, §1,
§2141. Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy
(a) The Nuclear Regulatory Commission is authorized to license the distribution of special nuclear material, source material, and byproduct material by the Department of Energy pursuant to
(b) The Department of Energy shall not distribute any special nuclear material or source material under
(Aug. 1, 1946, ch. 724, title I, §111, as added
Amendments
1998—Subsec. (b).
Effective Date of 1998 Amendment
Amendment by
Effective Date
Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of
Transfer of Functions
For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561,
Performance of Functions Pending Development of Procedures
The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978,
§2142. Domestic medical isotope production
(a) The Commission may issue a license, or grant an amendment to an existing license, for the use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, only if, in addition to any other requirement of this chapter—
(1) the Commission determines that—
(A) there is no alternative medical isotope production target that can be used in that reactor; and
(B) the proposed recipient of the medical isotope production target has provided assurances that, whenever an alternative medical isotope production target can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and
(2) the Secretary of Energy has certified that the United States Government is actively supporting the development of an alternative medical isotope production target that can be used in that reactor.
(b) As used in this section—
(1) the term "alternative medical isotope production target" means a nuclear reactor target which is enriched to less than 20 percent of the isotope U–235;
(2) a target "can be used" in a nuclear research or test reactor if—
(A) the target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy; and
(B) use of the target will permit the large majority of ongoing and planned experiments and medical isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor;
(3) the term "highly enriched uranium" means uranium enriched to 20 percent or more in the isotope U–235; and
(4) the term "medical isotope" includes molybdenum-99, iodine-131, xenon-133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic or therapeutic procedures or for research and development.
(Aug. 1, 1946, ch. 724, title I, §112, as added
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
2013—
SUBCHAPTER X—INTERNATIONAL ACTIVITIES
§2151. Effect of international arrangements
Any provision of this chapter 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 August 30, 1954 shall be deemed to be of no force or effect.
(Aug. 1, 1946, ch. 724, title I, §121, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
§2152. Policies contained in international arrangements
In the performance of its functions under this chapter, the Commission shall give maximum effect to the policies contained in any international arrangement made after August 30, 1954.
(Aug. 1, 1946, ch. 724, title I, §122, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
§2153. Cooperation with other nations
No cooperation with any nation, group of nations or regional defense organization pursuant to
(a) Terms, conditions, duration, nature, scope, and other requirements of proposed agreements for cooperation; Presidential exemptions; negotiations; Nuclear Proliferation Assessment Statement
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
(4) except in the case of those agreements for cooperation arranged pursuant to
(5) a guaranty by the cooperating party that any material or any Restricted Data transferred pursuant to the agreement for cooperation and, except in the case of agreements arranged pursuant to
(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
(8) except in the case of agreements for cooperation arranged pursuant to
(9) except in the case of agreements for cooperation arranged pursuant to
The President may exempt a proposed agreement for cooperation (except an agreement arranged pursuant to
(b) Presidential approval and authorization for execution of proposed agreements for cooperation
the President has submitted text of the proposed agreement for cooperation (except an agreement arranged pursuant to
(c) Submittal of proposed agreements for cooperation to Congressional committees
the proposed agreement for cooperation (if not an agreement subject to subsection (d)), together with the approval and determination of the President, has been submitted to the Committee on Foreign Affairs 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
(d) Congressional action
the proposed agreement for cooperation (if arranged pursuant to
Following submission of a proposed agreement for cooperation (except an agreement for cooperation arranged pursuant to
If, after March 10, 1978, the Congress fails to disapprove a proposed agreement for cooperation which exempts the recipient nation from the requirement set forth in subsection (a)(2), such failure to act shall constitute a failure to adopt a resolution of disapproval pursuant to
(e) Congressional committees informed of initiatives or negotiations relating to cooperation agreements
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
(Aug. 1, 1946, ch. 724, title I, §123, as added Aug. 30, 1954, ch. 1073, §1,
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
2008—Subsec. (e).
2006—Subsec. (d).
1998—
Subsec. (a).
Subsec. (d).
1996—Subsec. (a).
1994—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1985—Subsec. (a).
Subsec. (b).
Subsec. (d).
1978—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1974—
Subsec. (d).
1964—
1958—
Subsec. (a).
Subsec. (c).
Subsec. (d).
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1985 Amendment
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Limitation on Production of Nuclear Proliferation Assessment Statements
"(a)
"(b)
"(c)
"(d)
"(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
"(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives."
Support for United States-Republic of Korea Civil Nuclear Cooperation
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Support for United States-Republic of Korea Civil Nuclear Cooperation Act'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) In the 60th year of the alliance, the relationship between the United States and the Republic of Korea could not be stronger. It is based on mutual sacrifice, mutual respect, shared interests, and shared responsibility to promote peace and security in the Asia-Pacific region and throughout the world.
"(2) North Korea's nuclear weapons programs, including uranium enrichment and plutonium reprocessing technologies, undermine security on the Korean Peninsula. The United States and the Republic of Korea have a shared interest in preventing further proliferation, including through the implementation of the 2005 Joint Statement of the Six-Party Talks.
"(3) Both the United States and Republic of Korea have a shared objective in strengthening the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow, and Washington July 1, 1968, and a political and a commercial interest in working collaboratively to address challenges to their respective peaceful civil nuclear programs.
"(4) The nuclear energy agreement referred to in section 3 is scheduled to expire on March 19, 2014. In order to maintain healthy and uninterrupted cooperation in this area between the two countries while a new agreement is being negotiated, Congress should authorize the President to extend the duration of the current agreement until March 19, 2016.
"SEC. 3. EXTENSION OF NUCLEAR ENERGY AGREEMENT WITH THE REPUBLIC OF KOREA.
"Notwithstanding section 123 of the Atomic Energy Act of 1954 (
"SEC. 4. REPORT TO CONGRESS ON PROGRESS OF NEGOTIATIONS BETWEEN THE UNITED STATES AND REPUBLIC OF KOREA.
"Not later than 180 days after the date of the enactment of this Act [Feb. 12, 2014], and every 180 days thereafter until a new Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Nuclear Energy is submitted to Congress, the President shall provide to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on the progress of negotiations on a new civil nuclear cooperation agreement."
[Memorandum of President of the United States, July 11, 2014, 79 F.R. 43917, delegated to the Secretary of State the reporting functions under section 4 of
Applicability of Notice and Wait Provisions
Performance of Functions Pending Development of Procedures
The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978,
Fuel Cycle Evaluations; Report to Congress
Adequacy of Laws and Regulations Governing Export and Re-Export of Nuclear Materials, etc., and Safeguards Preventing Proliferation of Nuclear Materials
Cooperation With Berlin
Act Aug. 1, 1946, ch. 724, title I, §125, as added by Apr. 12, 1957,
Ex. Ord. No. 10841. International Cooperation
Ex. Ord. No. 10841, eff. Sept. 30, 1959, 24 F.R. 7941, as amended by Ex. Ord. No. 10956, eff. Aug. 10, 1961, 26 F.R. 7315; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
(1) The authority vested in the President by section 91c of the Act [
(2) The authority vested in the President by section 144b of the Act [
(3) The authority vested in the President by section 144c of the Act [
(b) Whenever the Secretary of Defense and the Secretary of Energy are unable to agree upon a joint determination under the provisions of subsection (a) of this section, the recommendations of each of them, together with the recommendations of other agencies concerned, shall be referred to the President, and the determination shall be made by the President.
(b) International cooperation under the Act [this chapter] shall be subject to the responsibilities of the Secretary of State with respect to the foreign policy of the United States pertinent thereto.
§2153a. Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities
(a) Except as specifically provided in any agreement for cooperation, no source or special nuclear material hereafter exported from the United States may be enriched after export without the prior approval of the United States for such enrichment: Provided, That the procedures governing such approvals shall be identical to those set forth for the approval of proposed subsequent arrangements under
(b) In addition to other requirements of law, no major critical component of any uranium enrichment, nuclear fuel reprocessing, or heavy water production facility shall be exported under any agreement for cooperation (except an agreement for cooperation pursuant to
(
Codification
Section was enacted as part of the Nuclear Non-Proliferation Act of 1978, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Effective Date
Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of
Delegation of Functions
Delegation or assignment to Secretary of Energy of function vested in President under subsec. (b) of this section, see section 1(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
Performance of Functions Pending Development of Procedures
The performance of functions under the Nuclear Non-Proliferation Act of 1978,
§2153b. Export policies relating to peaceful nuclear activities and international nuclear trade
The President shall take immediate and vigorous steps to seek agreement from all nations and groups of nations to commit themselves to adhere to the following export policies with respect to their peaceful nuclear activities and their participation in international nuclear trade:
(a) Undertakings by transferee nations receiving nuclear material and equipment or sensitive nuclear technology
No nuclear materials and equipment and no sensitive nuclear technology within the territory of any nation or group of nations, under its jurisdiction, or under its control anywhere will be transferred to the jurisdiction of any other nation or group of nations unless the nation or group of nations receiving such transfer commits itself to strict undertakings including, but not limited to, provisions sufficient to ensure that—
(1) no nuclear materials and equipment and no nuclear technology in, under the jurisdiction of, or under the control of any non-nuclear-weapon state, shall be used for nuclear explosive devices for any purpose or for research on or development of nuclear explosive devices for any purpose, except as permitted by Article V, the Treaty;
(2) IAEA safeguards will be applied to all peaceful nuclear activities in, under the jurisdiction of, or under the control of any non-nuclear-weapon state;
(3) adequate physical security measures will be established and maintained by any nation or group of nations on all of its nuclear activities;
(4) no nuclear materials and equipment and no nuclear technology intended for peaceful purpos