US Code (Unofficial compilation from the Legal Information Institute)

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1 US Code (Unofficial compilation from the Legal Information Institute) TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY Please Note: This compilation of the US Code, current as of Jan. 4, 2012, has been prepared by the Legal Information Institute using data from the U.S. House of Representatives, Office of the Law Revision Counsel. It is not an official U.S. government publication. For more details please see: Notes on this document: The content in this document is taken directly from the US Code, with the following exceptions: page headers and footers, page numbering, and all formatting are artifacts of this presentation. Divider lines have been inserted between sections. The notes are set off by a vertical line and a larger left margin. The table of contents immediately following this title page is machine-generated from the headings in this portion of the Code. Commonly available fonts are used. The Legal Information Institute promotes worldwide, free public access to law via the Internet. Founded in 1992, the LII created the first legal information website. It continues to be a pre-eminent "law-not-com" publisher of legal information and an important outreach activity of the Cornell Law School.

2 TITLE 42 - THE PUBLIC HEALTH AND WELFARE 1 CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY 5 Division A - Atomic Energy 11 SUBCHAPTER I - GENERAL PROVISIONS Congressional declaration of policy Congressional findings Purpose of chapter Definitions Transfer of property a. Cold standby b. Scholarship and fellowship program c. Partnership program with institutions of higher education Repealed. Pub. L , div. C, title XXXI, 3152(a)(1), Nov. 18, 1997, 111 Stat Authorization of appropriations a. Omitted a 1. Omitted b. Omitted Agency jurisdiction Applicability of Federal Power Act Licensing of Government agencies Cooperation with States a. Storage or disposal facility planning b. Definitions c. Responsibilities for disposal of low-level radioactive waste d. Regional compacts for disposal of low-level radioactive waste e. Limited availability of certain regional disposal facilities during transition and licensing periods f. Emergency access g. Responsibilities of Department of Energy h. Alternative disposal methods i. Licensing review and approval j. Radioactive waste below regulatory concern Health and environmental standards for uranium mill tailings State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission 60 SUBCHAPTER II - ORGANIZATION , Repealed. Pub. L , title I, 104(a), Oct. 11, 1974, 88 Stat Principal office General Manager, Deputy and Assistant General Managers Divisions, offices, and positions Repealed. Pub. L , title VII, 709(c)(1), Aug. 4, 1977, 91 Stat Repealed. Pub. L , div. C, title I, 3137(c), Nov. 14, 1986, 100 Stat Appointment of Army, Navy, or Air Force officer as Assistant General Manager for Military Application; Chairman of Military Liaison Committee; compensation Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation 68 - ii -

3 2040. Fellowship program of Advisory Committee on Reactor Safeguards; selection of fellowships 68 SUBCHAPTER III - RESEARCH Research and development assistance Research by Commission Research for others; charges 71 SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL Production facilities Irradiation of materials Acquisition of production facilities Disposition of energy; regulation on sale 74 SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL Determination of other material as special nuclear material; Presidential assent; effective date Repealed. Pub. L , 4, Aug. 26, 1964, 78 Stat Domestic distribution of special nuclear material Foreign distribution of special nuclear material Acquisition of special nuclear material; payments; just compensation Guaranteed purchase prices Unauthorized dealings in special nuclear material Congressional review of guaranteed purchase price, guaranteed purchase price period, and criteria for waiver of charges 85 SUBCHAPTER VI - SOURCE MATERIAL Determination of source material License requirements for transfers Domestic distribution of source material Foreign distribution of source material Reports Acquisition of source material; payments Operations on lands belonging to United States Public and acquired lands Prohibitions against issuance of license 91 SUBCHAPTER VII - BYPRODUCT MATERIALS Domestic distribution Foreign distribution of byproduct material Ownership and custody of certain byproduct material and disposal sites Authorities of Commission respecting certain byproduct material 97 SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY Authority of Commission Prohibitions governing atomic weapons a. Repealed. Pub. L , div. C, title XXXII, 3294(e)(1)(A), Oct. 5, 1999, 113 Stat Transferred 107 SUBCHAPTER IX - ATOMIC ENERGY LICENSES License required Utilization and production facilities for industrial or commercial purposes Commercial licenses Medical, industrial, and commercial licenses Antitrust provisions governing licenses iii -

4 2136. Classes of facilities Operators licenses Suspension of licenses during war or national emergency Component and other parts of facilities a. Regulations implementing requirements relating to licensing for components and other parts of facilities Exclusions from license requirement Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy 118 SUBCHAPTER X - INTERNATIONAL ACTIVITIES Effect of international arrangements Policies contained in international arrangements Cooperation with other nations a. Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities b. Export policies relating to peaceful nuclear activities and international nuclear trade c. Renegotiation of agreements for cooperation d. Authority to continue agreements for cooperation entered into prior to March 10, e. Protection of environment e 1. Effectiveness of rule, regulation, or procedure with regard to exports subject to Nuclear Non-Proliferation Act of f. Savings clause; Nuclear Non-Proliferation Act of International atomic pool Export licensing procedures a. Regulations establishing Commission procedures covering grant, suspension, revocation, or amendment of nuclear export licenses or exemptions Criteria governing United States nuclear exports a. Regulations establishing levels of physical security to protect facilities and material Additional export criterion and procedures Conduct resulting in termination of nuclear exports Congressional review procedures Subsequent arrangements a. Review of Nuclear Proliferation Assessment Statements b. Authority to suspend nuclear cooperation with nations which have not ratified the Convention on the Physical Security of Nuclear Material c. Consultation with Department of Defense concerning certain exports and subsequent arrangements d. Further restrictions on exports 157 SUBCHAPTER XI - CONTROL OF INFORMATION Policy of Commission Classification and declassification of Restricted Data Access to Restricted Data International cooperation Security restrictions Applicability of other laws Safeguards information Dissemination of unclassified information Fingerprinting for criminal history record checks iv -

5 SUBCHAPTER XII - PATENTS AND INVENTIONS Inventions relating to atomic weapons, and filing of reports Inventions conceived during Commission contracts; ownership; waiver; hearings Nonmilitary utilization Injunctions; measure of damages Prior art Commission patent licenses Compensation, awards, and royalties Monopolistic use of patents Federally financed research Saving clause for prior patent applications 184 SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION General duties of Commission a. Use of firearms by security personnel Contracts Advisory committees Electric utility contracts; authority to enter into; cancellation; submission to Energy Committees a. Fission product contracts Contract practices a. Repealed. Pub. L , title I, 115, Dec. 21, 1982, 96 Stat Comptroller General audit Claim settlements; reports to Congress Payments in lieu of taxes Subsidies Indemnification and limitation of liability a. Conflicts of interest relating to contracts and other arrangements b. Uranium supply c. Elimination of pension offset for certain rehired Federal retirees d. Security evaluations e. Design basis threat rulemaking f. Recruitment tools g. Expenses authorized to be paid by the Commission h. Radiation source protection i. Secure transfer of nuclear materials Payment of claims or judgments for damage resulting from nuclear incident involving nuclear reactor of United States warship; exception; terms and conditions Transferred Repealed. Pub. L , title VI, 637(b), Aug. 8, 2005, 119 Stat NRC user fees and annual charges 239 SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED Just compensation for requisitioned property Condemnation of real property Patent application disclosures Attorney General approval of title 244 SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE Applicability of administrative procedure provisions; definitions License applications Terms of licenses Inalienability of licenses v -

6 2235. Construction permits and operating licenses Revocation of licenses Modification of license Continued operation of facilities Hearings and judicial review Licensee incident reports as evidence Atomic safety and licensing boards; establishment; membership; functions; compensation Temporary operating license Licensing of uranium enrichment facilities 256 SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY to Repealed. Aug. 1, 1946, ch. 724, title I, 302(a), as added Aug. 30, 1954, ch. 1073, 1, as added Sept. 20, 1977, Pub. L , 1, 91 Stat. 884; renumbered title I, Oct. 24, 1992, Pub. L , title IX, 902(a)(8), 106 Stat Joint Committee on Atomic Energy abolished Information and assistance to Congressional committees 259 SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER General provisions Violation of specific sections Violation of sections Communication of Restricted Data Receipt of Restricted Data Tampering with Restricted Data Disclosure of Restricted Data Statute of limitations a. Trespass on Commission installations b. Photographing, etc., of Commission installations; penalty Applicability of other laws Injunction proceedings Contempt proceedings Civil penalties a. Civil monetary penalties for violation of Department of Energy safety regulations b. Civil monetary penalties for violations of Department of Energy regulations regarding security of classified or sensitive information or data c. Worker health and safety rules for Department of Energy nuclear facilities Protection of nuclear inspectors Sabotage of nuclear facilities or fuel 273 SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD Establishment a. Functions of Board b. Powers of Board c. Responsibilities of Secretary of Energy d. Board recommendations e. Reports f. Judicial review g. Department of Energy defense nuclear facility defined h. Contract authority subject to appropriations h 1. Transmittal of certain information to Congress i. Annual authorization of appropriations vi -

7 2286j. Procurement of inspector general services 285 SUBCHAPTER XVIII - EURATOM COOPERATION Definitions Authorization of appropriations for research and development program; authority to enter into contracts; period of contracts; equivalent amounts for research and development program Omitted Authorization for sale or lease of uranium and plutonium; amounts; lien for nonpayment; uranium enrichment services Acquisition of nuclear materials Nonliability of United States; indemnification 289 SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION 290 Part A - Remedial Action at Active Processing Sites a. Remedial action program a 1. Regulations a 2. Authorization of appropriations a 3. Definitions 293 Part B - Uranium Revitalization b. Overfeed program b 1. National Strategic Uranium Reserve b 2. Sale of remaining DOE inventories b 3. Responsibility for the industry b 4. Annual uranium purchase reports b 5. Uranium inventory study b 6. Regulatory treatment of uranium purchases b 7. Definitions 298 Division B - United States Enrichment Corporation 300 SUBCHAPTER I - GENERAL PROVISIONS , 2297a. Repealed. Pub. L , title III, 3116(a)(1), Apr. 26, 1996, 110 Stat SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF CORPORATION b to 2297b 15. Repealed. Pub. L , title III, 3116(a)(1), Apr. 26, 1996, 110 Stat SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION c to 2297c 7. Repealed. Pub. L , title III, 3116(a)(1), Apr. 26, 1996, 110 Stat SUBCHAPTER IV - PRIVATIZATION OF CORPORATION d, 2297d 1. Repealed. Pub. L , title III, 3116(a)(1), Apr. 26, 1996, 110 Stat SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM ENRICHMENT e to 2297e 7. Repealed. Pub. L , title III, 3116(a)(1), Apr. 26, 1996, 110 Stat SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES f. Gaseous diffusion facilities f 1. Licensing of other technologies vii -

8 2297f 2. Regulation of Restricted Data 309 SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING g. Uranium Enrichment Decontamination and Decommissioning Fund g 1. Deposits g 2. Department facilities g 3. Employee provisions g 4. Reports to Congress 312 SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION h. Definitions h 1. Sale of Corporation h 2. Method of sale h 3. Establishment of private corporation h 4. Transfers to private corporation h 5. Leasing of gaseous diffusion facilities h 6. Transfer of contracts h 7. Liabilities h 8. Employee protections h 9. Ownership limitations h 10. Uranium transfers and sales h 10a. Incentives for additional downblending of highly enriched uranium by the Russian Federation h 11. Low-level waste h 12. AVLIS h 13. Application of certain laws viii -

9 TITLE 42 THE PUBLIC HEALTH AND WELFARE TITLE 42 THE PUBLIC HEALTH AND WELFARE Chap....Sec. 1. The Public Health Service [Mostly Repealed or Omitted, See Chapter 6A]...1 1A. The Public Health Service; Supplemental Provisions [Transferred or Omitted] Sanitation and Quarantine Leprosy [Repealed] A. Cancer [Repealed] Viruses, Serums, Toxins, Antitoxins, etc. [Repealed] Maternity and Infancy Welfare and Hygiene [Repealed] The Children s Bureau A. Public Health Service Social Security A. Temporary Unemployment Compensation Program [Omitted] Low-Income Housing A. Slum Clearance, Urban Renewal, and Farm Housing B. Public Works or Facilities [Omitted] C. Open-Space Land [Omitted or Repealed] Housing of Persons Engaged in National Defense Federal Security Agency [Transferred or Omitted] Compensation for Disability or Death to Persons Employed at Military, Air, and Naval Bases Outside United States Compensation for Injury, Death, or Detention of Employees of Contractors with United States Outside United States School Lunch Programs A. Child Nutrition Development and Control of Atomic Energy [Transferred to Chapter 23] Disaster Relief [Repealed] A. Reciprocal Fire Protection Agreements B. Air Pollution Control [Transferred or Repealed] National Science Foundation A. Grants for Support of Scientific Research [Repealed] B. Contracts for Scientific and Technological Research Federal Employment Service [Transferred] Youth Medals Saline and Salt Waters [Repealed, Omitted, or Transferred] A. Water Resources Research Program [Repealed] B. Water Resources Planning Elective Franchise A. Civil Rights Commission Civil Rights A. Privacy Protection aa 21B. Religious Freedom Restoration bb 21C. Protection of Religious Exercise in Land Use and by Institutionalized Persons cc 21D. Detainee Treatment dd 21E. Privacy and Civil Liberties Protection and Oversight ee 21F. Prohibiting Employment Discrimination on the Basis of Genetic Information ff 22. Indian Hospitals and Health Facilities Development and Control of Atomic Energy Disposal of Atomic Energy Communities Federal Flood Insurance National Space Program [Repealed, Omitted, or Transferred] A. National Space Grant College and Fellowship Program [Repealed or Transferred] B. Biomedical Research in Space [Repealed or Transferred] Loan Service of Captioned Films and Educational Media for Handicapped Area Redevelopment Program [Omitted or Repealed] Juvenile Delinquency and Youth Offenses Control [Omitted] Manpower Development and Training Program [Repealed] Public Works Acceleration Program Third Party Liability for Hospital and Medical Care Community Mental Health Centers [Omitted, Transferred, or Repealed] Economic Opportunity Program

10 TITLE 42 THE PUBLIC HEALTH AND WELFARE 35. Programs for Older Americans A. Community Service Employment for Older Americans [Repealed] Compensation of Condemnees in Development Programs [Repealed] Community Facilities and Advance Land Acquisition Public Works and Economic Development Solid Waste Disposal [Omitted or Repealed, See Chapter 82] Soil Information Assistance for Community Planning and Resource Development Demonstration Cities and Metropolitan Development Program Narcotic Addict Rehabilitation Department of Health and Human Services Department of Housing and Urban Development Fair Housing Justice System Improvement Juvenile Delinquency Prevention and Control [Omitted or Repealed] Guarantees for Financing New Community Land Development [Repealed or Omitted] National Housing Partnerships National Flood Insurance Design and Construction of Public Buildings To Accommodate Physically Handicapped Intergovernmental Cooperation [Repealed, See Chapter 65 of Title 31] A. Joint Funding Simplification [Repealed] Advisory Commission on Intergovernmental Relations Cabinet Committee on Opportunities for Spanish-Speaking People [Omitted] National Environmental Policy Environmental Quality Improvement Environmental Pollution Study Disaster Relief [Repealed or Transferred] National Urban Policy and New Community Development Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Program Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs Intergovernmental Personnel Program Lead-Based Paint Poisoning Prevention A. Residential Lead-Based Paint Hazard Reduction Public Service Employment Programs [Omitted] Noise Control Domestic Volunteer Services Child Abuse Prevention and Treatment and Adoption Reform Disaster Relief Community Development Manufactured Home Construction and Safety Standards Solar Energy Juvenile Justice and Delinquency Prevention Development of Energy Sources Nonnuclear Energy Research and Development Programs for Individuals With Developmental Disabilities [Repealed] Age Discrimination in Federally Assisted Programs Energy Conservation National Petroleum Reserve in Alaska Science and Technology Policy, Organization and Priorities Public Works Employment Energy Conservation and Resource Renewal Solid Waste Disposal Energy Extension Service Department of Energy Air Pollution Prevention and Control Earthquake Hazards Reduction Water Research and Development [Repealed or Transferred] Uranium Mill Tailings Radiation Control Congregate Housing Services Neighborhood and City Reinvestment, Self-Help and Revitalization National Energy Conservation Policy Powerplant and Industrial Fuel Use

11 TITLE 42 THE PUBLIC HEALTH AND WELFARE 93. Emergency Energy Conservation Low-Income Energy Assistance United States Synthetic Fuels Corporation [Omitted] Biomass Energy and Alcohol Fuels Acid Precipitation Program and Carbon Dioxide Study Ocean Thermal Energy Conversion Research and Development Ocean Thermal Energy Conversion Wind Energy Systems Magnetic Fusion Energy Engineering Mental Health Systems Comprehensive Environmental Response, Compensation, and Liability Nuclear Safety Research, Development, and Demonstration Community Services Programs Community Services Block Grant Program Consumer-Patient Radiation Health and Safety Nuclear Waste Policy Water Resources Research A. Membrane Processes Research B. Secure Water Family Violence Prevention and Services Emergency Federal Law Enforcement Assistance Victim Compensation and Assistance State Justice Institute Protection and Advocacy for Individuals With Mental Illness Child Development Associate Scholarship Assistance Program Emergency Planning and Community Right-To-Know Encouraging Good Faith Professional Review Activities Alzheimer s Disease and Related Dementias Research Homeless Assistance Enterprise Zone Development International Child Abduction Remedies Native Hawaiian Health Care Drug Abuse Education and Prevention Public Housing Drug Elimination Renewable Energy and Energy Efficiency Technology Competitiveness Equal Opportunity for Individuals With Disabilities Coordinated Services for Children, Youth, and Families Hydrogen Research, Development, and Demonstration Program National and Community Service National Affordable Housing Housing Opportunities for Persons With AIDS Victims of Child Abuse Pollution Prevention Energy Policy Residency and Service Requirements in Federally Assisted Housing Violent Crime Control and Law Enforcement Management of Rechargeable Batteries and Batteries Containing Mercury Assisted Suicide Funding Restriction Volunteer Protection Criminal Justice Identification, Information, and Communication A. Jennifer s Law Commercial Space Opportunities and Transportation Services [Repealed or Transferred] Poison Control Center Enhancement and Awareness [Repealed] Intercountry Adoptions Developmental Disabilities Assistance and Bill of Rights Public Safety Officer Medal of Valor and Tributes A. Law Enforcement Congressional Badge of Bravery Election Administration Improvement Prison Rape Elimination Windstorm Impact Reduction National Energy Policy and Programs National Aeronautics and Space Programs, 2005 [Repealed, Omitted, or Transferred]

12 TITLE 42 - CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY 151. Child Protection and Safety Energy Independence and Security Community Safety Through Recidivism Prevention Combating Child Exploitation Aeronautics and Space Activities [Repealed, Omitted, or Transferred] Health Information Technology Quality, Affordable Health Care for All Americans Support for Pregnant and Parenting Teens and Women Space Exploration, Technology, and Science

13 TITLE 42 - CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY Division A Atomic Energy SUBCHAPTER I GENERAL PROVISIONS Sec Congressional declaration of policy Congressional findings Purpose of chapter Definitions Transfer of property. 2015a. Cold standby. 2015b. Scholarship and fellowship program. 2015c. Partnership program with institutions of higher education Repealed Authorization of appropriations. 2017a to 2017b. Omitted Agency jurisdiction Applicability of Federal Power Act Licensing of Government agencies Cooperation with States. 2021a. Storage or disposal facility planning. 2021b. Definitions. 2021c. Responsibilities for disposal of low-level radioactive waste. 2021d. Regional compacts for disposal of low-level radioactive waste. 2021e. Limited availability of certain regional disposal facilities during transition and licensing periods. 2021f. Emergency access. 2021g. Responsibilities of Department of Energy. 2021h. Alternative disposal methods. 2021i. Licensing review and approval. 2021j. Radioactive waste below regulatory concern Health and environmental standards for uranium mill tailings State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission. SUBCHAPTER II ORGANIZATION 2031, Repealed Principal office General Manager, Deputy and Assistant General Managers Divisions, offices, and positions. 2036, Repealed Appointment of Army, Navy, or Air Force officer as Assistant General Manager for Military Application; Chairman of Military Liaison Committee; compensation Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation Fellowship program of Advisory Committee on Reactor Safeguards; selection of fellowships. SUBCHAPTER III RESEARCH Research and development assistance Research by Commission Research for others; charges. SUBCHAPTER IV PRODUCTION OF SPECIAL NUCLEAR MATERIAL Production facilities Irradiation of materials Acquisition of production facilities

14 TITLE 42 - CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY Disposition of energy; regulation on sale. SUBCHAPTER V SPECIAL NUCLEAR MATERIAL Determination of other material as special nuclear material; Presidential assent; effective date Repealed Domestic distribution of special nuclear material Foreign distribution of special nuclear material Acquisition of special nuclear material; payments; just compensation Guaranteed purchase prices Unauthorized dealings in special nuclear material Congressional review of guaranteed purchase price, guaranteed purchase price period, and criteria for waiver of charges. SUBCHAPTER VI SOURCE MATERIAL Determination of source material License requirements for transfers Domestic distribution of source material Foreign distribution of source material Reports Acquisition of source material; payments Operations on lands belonging to United States Public and acquired lands Prohibitions against issuance of license. SUBCHAPTER VII BYPRODUCT MATERIALS Domestic distribution Foreign distribution of byproduct material Ownership and custody of certain byproduct material and disposal sites Authorities of Commission respecting certain byproduct material. SUBCHAPTER VIII MILITARY APPLICATION OF ATOMIC ENERGY Authority of Commission Prohibitions governing atomic weapons. 2122a. Repealed Transferred. SUBCHAPTER IX ATOMIC ENERGY LICENSES License required Utilization and production facilities for industrial or commercial purposes Commercial licenses Medical, industrial, and commercial licenses Antitrust provisions governing licenses Classes of facilities Operators licenses Suspension of licenses during war or national emergency Component and other parts of facilities. 2139a. Regulations implementing requirements relating to licensing for components and other parts of facilities Exclusions from license requirement Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy. SUBCHAPTER X INTERNATIONAL ACTIVITIES Effect of international arrangements Policies contained in international arrangements Cooperation with other nations

15 TITLE 42 - CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY 2153a. Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities. 2153b. Export policies relating to peaceful nuclear activities and international nuclear trade. 2153c. Renegotiation of agreements for cooperation. 2153d. Authority to continue agreements for cooperation entered into prior to March 10, e. Protection of environment. 2153e 1. Effectiveness of rule, regulation, or procedure with regard to exports subject to Nuclear Non-Proliferation Act of f. Savings clause; Nuclear Non-Proliferation Act of International atomic pool Export licensing procedures. 2155a. Regulations establishing Commission procedures covering grant, suspension, revocation, or amendment of nuclear export licenses or exemptions Criteria governing United States nuclear exports. 2156a. Regulations establishing levels of physical security to protect facilities and material Additional export criterion and procedures Conduct resulting in termination of nuclear exports Congressional review procedures Subsequent arrangements. 2160a. Review of Nuclear Proliferation Assessment Statements. 2160b. Authority to suspend nuclear cooperation with nations which have not ratified the Convention on the Physical Security of Nuclear Material. 2160c. Consultation with Department of Defense concerning certain exports and subsequent arrangements. 2160d. Further restrictions on exports. SUBCHAPTER XI CONTROL OF INFORMATION Policy of Commission Classification and declassification of Restricted Data Access to Restricted Data International cooperation Security restrictions Applicability of other laws Safeguards information Dissemination of unclassified information Fingerprinting for criminal history record checks. SUBCHAPTER XII PATENTS AND INVENTIONS Inventions relating to atomic weapons, and filing of reports Inventions conceived during Commission contracts; ownership; waiver; hearings Nonmilitary utilization Injunctions; measure of damages Prior art Commission patent licenses Compensation, awards, and royalties Monopolistic use of patents Federally financed research Saving clause for prior patent applications. SUBCHAPTER XIII GENERAL AUTHORITY OF COMMISSION General duties of Commission. 2201a. Use of firearms by security personnel Contracts Advisory committees

16 TITLE 42 - CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY Electric utility contracts; authority to enter into; cancellation; submission to Energy Committees. 2204a. Fission product contracts Contract practices. 2205a. Repealed Comptroller General audit Claim settlements; reports to Congress Payments in lieu of taxes Subsidies Indemnification and limitation of liability. 2210a. Conflicts of interest relating to contracts and other arrangements. 2210b. Uranium supply. 2210c. Elimination of pension offset for certain rehired Federal retirees. 2210d. Security evaluations. 2210e. Design basis threat rulemaking. 2210f. Recruitment tools. 2210g. Expenses authorized to be paid by the Commission. 2210h. Radiation source protection. 2210i. Secure transfer of nuclear materials Payment of claims or judgments for damage resulting from nuclear incident involving nuclear reactor of United States warship; exception; terms and conditions. 2212, Repealed or Transferred NRC user fees and annual charges. SUBCHAPTER XIV COMPENSATION FOR PRIVATE PROPERTY ACQUIRED Just compensation for requisitioned property Condemnation of real property Patent application disclosures Attorney General approval of title. SUBCHAPTER XV JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE Applicability of administrative procedure provisions; definitions License applications Terms of licenses Inalienability of licenses Construction permits and operating licenses Revocation of licenses Modification of license Continued operation of facilities Hearings and judicial review Licensee incident reports as evidence Atomic safety and licensing boards; establishment; membership; functions; compensation Temporary operating license Licensing of uranium enrichment facilities. SUBCHAPTER XVI JOINT COMMITTEE ON ATOMIC ENERGY 2251 to Repealed Joint Committee on Atomic Energy abolished Information and assistance to Congressional committees. SUBCHAPTER XVII ENFORCEMENT OF CHAPTER General provisions Violation of specific sections Violation of sections

17 TITLE 42 - CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY Communication of Restricted Data Receipt of Restricted Data Tampering with Restricted Data Disclosure of Restricted Data Statute of limitations. 2278a. Trespass on Commission installations. 2278b. Photographing, etc., of Commission installations; penalty Applicability of other laws Injunction proceedings Contempt proceedings Civil penalties. 2282a. Civil monetary penalties for violation of Department of Energy safety regulations. 2282b. Civil monetary penalties for violations of Department of Energy regulations regarding security of classified or sensitive information or data. 2282c. Worker health and safety rules for Department of Energy nuclear facilities Protection of nuclear inspectors Sabotage of nuclear facilities or fuel. SUBCHAPTER XVII A DEFENSE NUCLEAR FACILITIES SAFETY BOARD Establishment. 2286a. Functions of Board. 2286b. Powers of Board. 2286c. Responsibilities of Secretary of Energy. 2286d. Board recommendations. 2286e. Reports. 2286f. Judicial review. 2286g. Department of Energy defense nuclear facility defined. 2286h. Contract authority subject to appropriations. 2286h 1. Transmittal of certain information to Congress. 2286i. Annual authorization of appropriations. 2286j. Procurement of inspector general services. SUBCHAPTER XVIII EURATOM COOPERATION Definitions Authorization of appropriations for research and development program; authority to enter into contracts; period of contracts; equivalent amounts for research and development program Omitted Authorization for sale or lease of uranium and plutonium; amounts; lien for nonpayment; uranium enrichment services Acquisition of nuclear materials Nonliability of United States; indemnification. SUBCHAPTER XIX REMEDIAL ACTION AND URANIUM REVITALIZATION Part A Remedial Action at Active Processing Sites 2296a. Remedial action program. 2296a 1. Regulations. 2296a 2. Authorization of appropriations. 2296a 3. Definitions. Part B Uranium Revitalization 2296b. Overfeed program. 2296b 1. National Strategic Uranium Reserve

18 TITLE 42 - CHAPTER 23 - Division A Atomic Energy 2296b 2. Sale of remaining DOE inventories. 2296b 3. Responsibility for the industry. 2296b 4. Annual uranium purchase reports. 2296b 5. Uranium inventory study. 2296b 6. Regulatory treatment of uranium purchases. 2296b 7. Definitions. Division B United States Enrichment Corporation SUBCHAPTER I GENERAL PROVISIONS 2297, 2297a. Repealed. SUBCHAPTER II ESTABLISHMENT, POWERS, AND ORGANIZATION OF CORPORATION 2297b to 2297b 15. Repealed. SUBCHAPTER III RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION 2297c to 2297c 7. Repealed. SUBCHAPTER IV PRIVATIZATION OF CORPORATION 2297d, 2297d 1. Repealed. SUBCHAPTER V AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM ENRICHMENT 2297e to 2297e 7. Repealed. SUBCHAPTER VI LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES 2297f. Gaseous diffusion facilities. 2297f 1. Licensing of other technologies. 2297f 2. Regulation of Restricted Data. SUBCHAPTER VII DECONTAMINATION AND DECOMMISSIONING 2297g. Uranium Enrichment Decontamination and Decommissioning Fund. 2297g 1. Deposits. 2297g 2. Department facilities. 2297g 3. Employee provisions. 2297g 4. Reports to Congress. SUBCHAPTER VIII UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION 2297h. Definitions. 2297h 1. Sale of Corporation. 2297h 2. Method of sale. 2297h 3. Establishment of private corporation. 2297h 4. Transfers to private corporation. 2297h 5. Leasing of gaseous diffusion facilities. 2297h 6. Transfer of contracts. 2297h 7. Liabilities. 2297h 8. Employee protections. 2297h 9. Ownership limitations. 2297h 10. Uranium transfers and sales. 2297h 10a. Incentives for additional downblending of highly enriched uranium by the Russian Federation. 2297h 11. Low-level waste. 2297h 12. AVLIS. 2297h 13. Application of certain laws

19 TITLE 42 - CHAPTER 23 - Division A - SUBCHAPTER I GENERAL PROVISIONS Division A Atomic Energy

20 TITLE 42 - Section Congressional declaration of policy SUBCHAPTER I GENERAL PROVISIONS 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, 68 Stat. 921; renumbered title I, Pub. L , title IX, 902(a)(8), Oct. 24, 1992, 106 Stat ) Prior Provisions Provisions similar to those comprising this section were contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified to section 1801 of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, Short Title of 2005 Amendment Pub. L , title VI, 601, Aug. 8, 2005, 119 Stat. 779, provided that: This subtitle [subtitle A ( ) of title VI of Pub. L , amending sections 2210 and 2282a of this title and enacting provisions set out as notes under sections 2210 and 2282a of this title] may be cited as the Price-Anderson Amendments Act of Short Title of 2000 Amendment Pub. L , 1, July 10, 2000, 114 Stat. 501, provided that: This Act [enacting section 285a 9 of this title and enacting and amending provisions set out as notes under section 2210 of this title] may be cited as the Radiation Exposure Compensation Act Amendments of Short Title of 1996 Amendment Pub. L , title III, 3101, Apr. 26, 1996, 110 Stat , provided that: This subchapter [subch. A ( ) of ch. 1 of title III of Pub. L , enacting sections 2297h to 2297h 13 of this title, amending sections 2014, 2239, 2243, 2282, 2296b 7, 2297f, and 2297f 1 of this title and section 9101 of Title 31, Money and Finance, repealing sections 2297 to 2297e 7 of this title, and enacting provisions set out as notes under section 2297 of this title and section 9101 of Title 31] may be cited as the USEC Privatization Act. Short Title of 1988 Amendment Pub. L , 1, Aug. 20, 1988, 102 Stat. 1066, provided that: This Act [enacting section 2282a of this title, amending sections 2014, 2210, and 2273 of this title, and enacting provisions set out as notes under sections 2014 and 2210 of this title] may be cited as the Price-Anderson Amendments Act of Short Title of 1964 Amendment Pub. L , 21, Aug. 26, 1964, 78 Stat. 607, provided that: This Act [amending sections 2012, 2013, 2073 to 2078, 2135, 2153, 2201, 2221, 2233, and 2234 of this title, repealing section 2072 of this title, and enacting provisions set out as notes under sections 2012 and 2072 of this title] may be cited as the Private Ownership of Special Nuclear Materials Act. Short Title of 1958 Amendment Pub. L , 1, Aug. 28, 1958, 72 Stat. 1084, provided: That this Act [enacting sections 2291 to 2296 of this title] may be cited as the EURATOM Cooperation Act of

21 TITLE 42 - Section Congressional findings Short Title Section 291 of title I of act Aug. 1, 1946, as added by act Aug. 30, 1954, 1; renumbered title I, Oct. 24, 1992, Pub. L , title IX, 902(a)(8), 106 Stat. 2944, provided that: This Act [enacting this chapter and amending sections 1031(d) and 1032 of former Title 5, Executive Departments and Government Officers and Employees, and enacting provision set out as a note under section 2221 of this title] may be cited as the Atomic Energy Act of Separability Section 281 of title I of act Aug. 1, 1946, as added by act Aug. 30, 1954, 1; renumbered title I, Oct. 24, 1992, Pub. L , title IX, 902(a)(8), 106 Stat. 2944, provided that: If any provision of this Act [enacting this chapter] or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Transfer of Functions Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections 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. Pub. L , 1, Aug. 26, 1964, 78 Stat (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. Pub. L , 2, Aug. 26, 1964, 78 Stat (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, 68 Stat. 921; amended Pub. L , 1, Sept. 2, 1957, 71 Stat. 576; Pub. L , 1, 2, Aug. 26, 1964, 78 Stat. 602; renumbered title I, Pub. L , title IX, 902(a)(8), Oct. 24, 1992, 106 Stat )

22 TITLE 42 - Section Purpose of chapter Prior Provisions Provisions similar to those comprising this section were contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified to section 1801 of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, Amendments 1964 Subsec. (b). Pub. L , 1, struck out subsec. (b) which found that use of United States property by others must be regulated in national interest and in order to provide for common defense and security and to protect health and safety of public. Subsec. (h). Pub. L , 2, struck out subsec. (h) which found it essential to common defense and security that title to all special nuclear material be in United States while such special nuclear material is within United States Subsec. (i). Pub. L added subsec. (i). Control and Regulation Powers of United States and of Atomic Energy Commission Unaffected by Private Ownership of Special Nuclear Materials Section 20 of Pub. L provided that: Nothing in this Act [amending this section and sections 2013, 2073 to 2078, 2135, 2153, 2201, 2233 and 2234 of this title, repealing section 2072 of this title, and enacting provisions set out as notes under this section and section 2072 of this title] shall be deemed to diminish existing authority of the United States, or of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended [this chapter], to regulate source, byproduct, and special nuclear material and production and utilization facilities, or to control such materials and facilities exported from the United States by imposition of governmental guarantees and security safeguards with respect thereto, in order to assure the common defense and security and to protect the health and safety of the public, or to reduce the responsibility of the Atomic Energy Commission to achieve such objectives 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, 68 Stat. 922; amended Pub. L , 3, Aug. 26, 1964, 78 Stat. 602; renumbered title I, Pub. L , title IX, 902(a)(8), Oct. 24, 1992, 106 Stat )