美国原子能法Atomic Energy Act of 1954, as Amended in NUREG-0

NUREG-0980

Vol. 1, No.6 Nuclear Regulatory

Legislation

107th Congress; 1st Session

Date Published: June 2002

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555–0001

FOREWORD

This compilation of statutes and materials pertaining to nuclear regulatory legislation through the 107th Congress, 1st Session, has been prepared by the Office of the General Counsel, U.S. Nuclear Regulatory Commission, with the assistance of staff, for use as an internal resource document. The compilation is not to be used as an authoritative citation in lieu of the primary legislative sources. Furthermore, while every effort has been made to ensure the completeness and accuracy of this material, neither the United States Government, the Nuclear Regulatory Commission, nor any of their employees makes any expressed or implied warranty or assumes liability for the accuracy or completeness of the material presented in this compilation.

If you have any questions concerning this compilation, please contact Christine Pierpoint, Legislative Specialist, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

This document is available from the NRC Home Page at

c8e27d77a417866fb84a8ed4/NRC/NUREGS/SR0980/index. This document is published in two bound volumes and is also available on compact disc in the hypertext markup language and portable document format. You may purchase this compilation from the U.S. Government Printing Office or the National Technical Information Service.

Volume 1 – Page iii

TABLE OF CONTENTS

VOLUME 1

1.Atomic Energy Act of 1954, as Amended (P.L. 83-703)

2.Energy Reorganization Act of 1974, as Amended (P.L. 93-438)

?Reorganization Plan No. 3 of 1970 (EPA)

?Reorganization Plan No. 1 of 1980 (NRC)

?Executive Order No. 11834, Activation of the NRC

3.Low–Level Radioactive Waste Policy Amendments of 1985 (Title I)

(P.L. 99-240) (Title II–Compacts: See Volume II)

4.High–Level Radioactive Waste

?Nuclear Waste Policy Act, as amended (P.L. 97–425)

?Energy Policy Act of 1992 Provisions

5.Uranium Mill Tailings (P.L. 95-604)

?MOAB Site

6.Hazardous Materials Transportation Act, as Amended (P.L. 101–615)

?Transportation of Plutonium (Miscellaneous provisions)

7.NRC User Fees (P.L. 101–508)

8.Administrative Law Statutes

?Subchapter II–Administrative Procedures

?FOIA

?Privacy Act

?Government in the Sunshine Act

?Negotiated Rulemaking Act of 1990

?Administrative Dispute Resolution Act, as Amended (P.L. 101–552)

?Chapter 6–The Analysis of Regulatory Functions

?Chapter 7–Judicial Review

?Chapter 8–Congressional Review of Agency Rulemaking

?Federal Advisory Committee Act (P.L. 92–463)

?Federal Vacancies Reform Act of 1998 (P.L. 105–277)

?Truth in Regulating Act of 2000 (P.L. 106–312)

?Alternative Resolution Act of 1998 (P.L. 105–315)

?Federal Civil Penalties Inflation Adjustment Act of 1990,

as Amended (P.L. 101–410)

9.MISCELLANEOUS

?Antiterrorism (P.L. 107–56)

?Homeland Security (P.L. 107–107)

?DOE Workers Protection (P.L. 106–398; sec. 3611)

?Tritium (P.L. 106–65; sec. 3134)

?MOX Fuels (P.L. 105–261)

Volume 1 – Page v

TABLE OF CONTENTS

VOLUME 2

c8e27d77a417866fb84a8ed4missioner Tenure

?Tenure of AEC Commissioners

?Tenure of NRC Commissioners

2.NRC Appropriations

?Tabulation of NRC Appropriations through Fiscal Year 2002

3.NRC Authorizations

4.Chief Financial Officers Act of 1990, as Amended (P.L. 101–576)

5.Inspector General Act, as Amended (P.L. 95–452)

c8e27d77a417866fb84a8ed4rmation Technology Management Reform (Clinger–Cohen) (P.L. 104-106)

?Chief Information Officer (P.L. 104–106)

?Paperwork Reduction Act, as Amended (P.L. 104–13)

?Government Paperwork Elimination Act (P.L. 105–277)

?Data Quality (P.L. 106–554)

?Electronic Records and Signatures in Commerce (P.L. 106–229)

7.Low–Level Radioactive Waste Policy Amendments Act of 1985 (Text of

Compacts)

?NW, Central, SE, Central Midwest, MW, Rocky Mountain, NE Interstate)

8.Appalachian States Low–Level Radioactive Waste Compact Consent Act

9.Southwestern Low-Level Radioactive Waste Disposal Compact Consent Act

10.Texas Low–Level Radioactive Waste Disposal Compact Consent Act

11.Clean Air Act of 1977, as Amended (Selected Sections)

12.Federal Water Pollution Control Act of 1972

13.National Environmental Policy Act of 1969, as Amended

14.West Valley Demonstration Project Act

15.Nuclear Non–Proliferation and Export Licensing Statutes

?Nuclear Non–Proliferation Act of 1978 (P.L. 95–242)

?International Atomic Energy Agency Participation Act of 1957 (P.L. 85–177) and the Statute of the International Atomic Energy Agency ?International Security Assistance and Arms Export Control Act of 1976

(P.L. 94–329)

?International Security and Development Cooperation Act of 1980

(P.L. 96–533)

Volume 1 – Page vi

?International Security and Development Cooperation Act of 1981

(P.L. 97–113)

?Convention on the Physical Protection of Nuclear Material Implementation Act of 1982 (P.L. 97–351)

?Iraq Sanctions Act of 1990 (P.L. 101–513)

?Iran–Iraq Arms Non–Proliferation Act of 1992

?North Korea Threat Reduction (P.L. 106–113)

?Iran Non–Proliferation Act of 2000 (P.L. 106–178)

16.Miscellaneous: Selected Treaties, Agreements and Executive Orders

?Nuclear Non–Proliferation Treaty

?Convention on the Physical Protection of Nuclear Material

?Convention on Early Notification of a Nuclear Accident

?Convention on Nuclear Safety

?Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

?Additional Protocol I to the Treaty for the Prohibition of Nuclear Weapons in Latin America

?Agreement between the United States and the International Atomic Energy Agency for the Application of Safeguards in the United States ?Additional Protocols to IAEA Safeguards Agreements

?IAEA Supply Agreements

?United States Agreements for Peaceful Nuclear Cooperation

?Agreements for Cooperation in the Use of Atomic Energy

?Convention of the Prevention of Marine Pollution by Dumping of Wastes and Other Matters

?Executive Orders and Presidential Statements Concerning International

Atomic Energy Cooperation

Proliferation)

Responsibilities)

Preparedness Planning at Commercial Nuclear Power Plants)

Volume 1 – Page vii

THE ATOMIC ENERGY ACT OF 1954

TABLE OF CONTENTS

TITLE I –ATOMIC ENERGY

PAGE42 USC

Sec.

CHAPTER 1

DECLARATION, FINDINGS, AND PURPOSE

Sec. 1.Declaration......................................1–92011 Sec. 2.Findings.........................................1–92012 Sec. 3.Purpose........................................1–102013

CHAPTER 2

DEFINITIONS

Sec. 11.Definitions......................................1–112014

CHAPTER 3

ORGANIZATION

Sec. 23.Office..........................................1–162033 Sec. 24.General Manager, Deputy and Assistant General

Managers...................................1–172034 Sec. 25.Divisions, Offices, and Positions....................1–182035 Sec. 26.General Advisory Committee.......................1–19

Sec. c8e27d77a417866fb84a8ed4itary Liaison Committee.........................1–19

Sec. 28.Appointment of Army, Navy, or Air Force Officers......1–202038 Sec. 29.Advisory Committee on Reactor Safeguards............1–202039

CHAPTER 4

RESEARCH

Sec. 31.Research Assistance..............................1–212051 Sec. 32.Research by the Commission........................1–222052 Sec. 33.Research For Others..............................1–222053

CHAPTER 5

PRODUCTION OF SPECIAL NUCLEAR MATERIAL

Sec. 41.Ownership and Operation of Production Facilities.......1–222061 Sec. 42.Irradiation of Materials............................1–232062 Sec. 43.Acquisition of Production Facilities..................1–232063 Sec. 44.Disposition of Energy.............................1–242064

CHAPTER 6

SPECIAL NUCLEAR MATERIAL

Sec. 51.Special Nuclear Material...........................1–242071 Sec. 53.Domestic Distribution of Special Nuclear Material......1–252073 Sec. 54.Foreign Distribution of Special Nuclear Material........1–282074 Sec. 55.Acquisition.....................................1–302075 Sec. 56.Guaranteed Purchase Prices........................1–312076 Sec. 57.Prohibition......................................1–312077 Sec. 58.Review.........................................1–332078

Volume 1, Page 1–1

PAGE

42 USC Sec.Volume 1, Page 1–2CHAPTER 7SOURCE MATERIAL Sec. 61.Source Material ..................................1–34

2091Sec. 62.License For Transfers Required .....................1–342092Sec. 63.Domestic Distribution of Source Material ..............1–342093Sec. 64.Foreign Distribution of Source Material ...............1–352094Sec. 65.Reporting .......................................1–352095Sec. 66.Acquisition ...........................

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.1–352096Sec. 67.Operations on Lands Belonging to the United States .....1–36

2097Sec. 68.Public and Acquired Lands .........................1–362098Sec. 69.Prohibition ......................................1–372099CHAPTER 8

BYPRODUCT MATERIAL Sec. 8l.Domestic Distribution ..................

...........1–372111Sec. 82.Foreign Distribution of Byproduct Material ............1–382112Sec. 83.Ownership and Custody of Certain Byproduct Material and Disposable Sites ...................1–39

2113Sec. 84.Authorities of Commission Respecting Certain Byproduct Material ............................1–41

2114CHAPTER 9

MILITARY APPLICATION OF ATOMIC ENERGY Sec. 91.Authority .......................................1–422121Sec. 92.Prohibition ......................................1–442122CHAPTER 10

ATOMIC ENERGY LICENSES Sec. 101.License Required .................................1–442131Sec. 102.Utilization and Production Facilities For Industrial or Commercial Purposes ..........................

1–442132Sec. c8e27d77a417866fb84a8ed4mercial Licenses ..............................1–442133Sec. 104.Medical Therapy and Research and Development .......1–46

2134Sec. 105.Antitrust Provisions ...............................1–472135Sec. 106.Classes of Facilities ...............................

1–492136Sec. 107.Operators’ Licenses ...............................1–49

2137Sec. 108.War or National Emergency .................

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......1–492138Sec. c8e27d77a417866fb84a8ed4ponent and Other Parts of Facilities ....

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1–502139Sec. 110.Exclusions ......................................1–502140Sec. 111.Distribution By the Department of Energy .............1–51

2141CHAPTER 11

INTERNATIONAL ACTIVITIES Sec. 121.Effect of International Arrangements .................1–512151Sec. 122.Policies Contained in International Arrangements .......1–512152Sec. 123.Cooperation with Other Nations ......

...............

1–522073Sec. 124.International Atomic Pool ..........................1–57

2154Sec. 125.Cooperation With Berlin ...........................1–572153Sec. 126.Export Licensing Procedures ........................1–57

2112

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42 USC Sec.Volume 1, Page 1–3Sec. 127.Criteria Governing United States Nuclear Exports .......1–612156Sec. 128.Additional Export Criterion and Procedures ............1–622157Sec. 129.Conduct Resulting in Termination of Nuclear Exports ....

1–642158Sec. 130.Congressional Review Procedures ...................1–652121Sec. 131.Subsequent Arrangements ..........................1–68

2121Sec. 132.Authority to Suspend Nuclear Cooperation with Nations which Have Not Ratified the Convention on the

Physical Security of Nuclear Material .............1–722160b Sec. 133.Consultation with the Department of Defense Concerning Certain Exports and Subsequent Arrangements ......1–72 2160c Sec. 134.Further Restrictions on Exports ......................1–732160d CHAPTER 12

CONTROL OF INFORMATION Sec. 141.Policy ..........................................1–742161Sec. 142.Classification and Declassification of Restricted Data ....1–742162Sec. 143.Department of Defense Participation .................1–752163Sec. 144.International Cooperation ..........................1–752164Sec. 145.Restrictions .....................................1–772165Sec. 146.General Provisions ...............................1–792166Sec. 147.Safeguards Information ............................1–792167Sec. 148.Prohibition Against the Dissemination of Certain Unclassified Information .......................1–812168Sec. 149.Fingerprinting for Criminal History Record Checks ......1–832133CHAPTER 13

PATENTS AND INVENTIONS Sec. 151.Inventions Relating to Atomic Weapons, and Filing

of Reports ..................................1–842181Sec. 152.Inventions Made or Conceived During Commission Contracts ...................................1–852182Sec. 153.Nonmilitary Utilization ............................1–872183Sec. 154.Injunctions ......................................1–892184Sec. 155.Prior Art ..........................

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1–892185Sec. c8e27d77a417866fb84a8ed4mission Patent Licenses ........................1–902186Sec. c8e27d77a417866fb84a8ed4pensation, Awards, and Royalties ................

1–90

2187Sec. 158.Monopolistic Use of Patents .

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1–912188Sec. 159.Federally Financed Research ........................1–912189Sec. 160.Saving Clause ...................................1–91

2190CHAPTER 14

GENERAL AUTHORITY Sec. 161.General Provisions

...............................1–912201Sec. 162.Contracts .......................................1–99

2202Sec. 163.Advisory Committees

.............................1–99

2203Sec. 164.Electric Utility Contracts ..........................1–1002204Sec. 165.Contract Practices ...............................1–1002205Sec. c8e27d77a417866fb84a8ed4ptroller General Audit ........................1–1002206Sec. 167.Claims Settlements ..............................1–101

2207

PAGE

42 USC Sec.Volume 1, Page 1–4Sec. 168.Payments in Lieu of Taxes ........................1–1012208Sec. 169.No Subsidy ....................................1–1022209Sec. 170.Indemnification and Limitation of Liability ...........1–1022210Sec. 170a.Conflicts of Interest Relating to Contracts and Other Arrangements ...............................1–1202210a Sec. 170b.Uranium Supply .................................1–1212210b CHAPTER 15

COMPENSATION FOR PRIVATE PROPERTY ACQUIRED Sec. 171.Just Compensation ...............................1–1232221Sec. 172.Condemnation of Real Property .......

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1–1232222Sec. 173.Patent Application Disclosures .....................1–1232223Sec. 174.Attorney General Approval of Title .................1–123

2224CHAPTER 16

JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE Sec. 181.General .......................................1–1242231Sec. 182.License Applications .............................

1–1242232Sec. 183.Terms of Licenses ...............................1–1262233Sec. 184.Inalienability of Licenses ..........................1–126

2234Sec. 185.Construction Permits and Operating Licenses ..........

1–1262235Sec. 186.Revocation .....................................1–1272236Sec. 187.Modification of License ........

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1–127

2237Sec. 188.Continued Operation of Facilities ...................1–127

2238Sec. 189.Hearings and Judicial Review ......................1–1282239Sec. 190.Licensee Incident Reports .........................1–1302240Sec. 191. Atomic Safety and Licensing Board .................1–1302241Sec. 192.Temporary Operating License ......................1–1312133Sec. 193.Licensing of Uranium Enrichment Facilities ...........1–1332243CHAPTER 17

JOINT COMMITTEE ON ATOMIC ENERGY (Repealed).....................................1–135CHAPTER 18

ENFORCEMENT Sec. 221.General Provisions ..............................1–1362271Sec. 222.Violations of Specific Sections .....................1–1372272Sec. 223.Violation of Sections Generally ....................1–1372273Sec. c8e27d77a417866fb84a8ed4munication of Restricted Data ..................1–1382274Sec. 225.Receipt of Restricted Data .........................1–1392275Sec. 226.Tampering with Restricted Data ....................1–1392276Sec. 227.Disclosure of Restricted Data ......................

1–1392277Sec. 228.Statute of Limitations ............................1–139

2278Sec. 229.Trespass Upon Commission Installations .............1–1402278a Sec. 230.Photographing, Etc., of Commission Installations ......

1–1402278b Sec. 231.Other Laws ....................................1–140

2279Sec. 232.Injunction Proceedings ...........................1–1402280Sec. 233.Contempt Proceedings ............................1–141

2281

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42 USC

Sec.Volume 1, Page 1–5

Sec. 234.Civil Monetary Penalties for Violations of Licensing

Requirements ...............................1–141

2073Sec. 234a.Civil Monetary Penalties For Violations of Department of

Energy Regulations ..........................1–142

2282a Sec. 235.Protection of Nuclear Inspectors ....................1–1432283Sec. 236.Sabotage of Nuclear Facilities or Fuel ...............1–1442284

CHAPTER 19

MISCELLANEOUS

Sec. 241.Transfer of Property .............................1–1442015Sec. 251.Report to Congress ..............................1–1442016Sec. 261.Appropriations ..................................1–1452017Sec. 271.Agency Jurisdiction ..............................1–1462018Sec. 272.Applicability of Federal Power Act ..................1–1462019Sec. 273.Licensing of Government Agencies .................1–1462020Sec. 274.Cooperation With States ..........................1–1462021Sec. 275.Health and Environmental Standards for Uranium Mill

Tailings ....................................

1–1522022Sec. 276.State Authority to Regulate Radiation Below Level of

Regulatory Concern of Nuclear Regulatory

Commission ................................

1–1552023Sec. 281.Separability ....................................1–1552023Sec. 291.Short Title .....................................

1–156

2023

CHAPTER 20

JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED;

FUNCTIONS AND RESPONSIBILITIES REASSIGNED

Sec. 301.Joint Committee on Atomic Energy Abolished .........1–1562258Sec. 302.Transfer of Certain Functions of the Joint Committee on

Atomic Energy and Conforming Amendments to

Certain Other Laws ..........................1–156

2251Sec. c8e27d77a417866fb84a8ed4rmation and Assistance to Congressional Committees 1–1562259

CHAPTER 21

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 311.Establishment ..................................1–1572286Sec. 312.Functions of the Board ...........................1–1582286a Sec. 313.Powers of Board ................................1–1592286b Sec. 314.Responsibilities of the Secretary of Energy............1–1612286c Sec. 315.Board Recommendations ..........................1–1612286d Sec. 316.Reports ........................................1–1632286e Sec. 317.Judicial Review .................................1–1642286f Sec. 318.Definition ......................................1–1642286g Sec. 319.Contract Authority Subject to Appropriations ..........1–1642286h Sec. 320.Transmittal of Certain Information to Congress ........1–1642286h-1Sec. 321.Annual Authorization of Appropriations .............

1–1652286i

PAGE 42 USC Sec.

Volume 1, Page 1–6NEGOTIATED RULEMAKING ON FINANCIAL PROTECTION FOR RADIOPHARMACEUTICAL LICENSEES

..........................................1–166

2210TITLE II–UNITED STATES ENRICHMENT CORPORATION CHAPTER 22GENERAL PROVISIONS Sec. 1201.Definitions .....................................1–1672297 Sec. 1202.Purposes ......................................1–1682297a

CHAPTER 23ESTABLISHMENT, POWERS, AND ORGANIZATION OF CORPORATION Sec. 1301.Establishment of The Corporation ...................1–1692297b Sec. 1302.Corporate Offices ...............................1–1692297b-1Sec. 1303.Powers of the Corporation .........................1–1692297b-2Sec. 1304.Board of Directors ...............................1–1702297b-3Sec. 1305.Employees of the Corporation ......................1–1712297b-4Sec. 1306.Audits ........................................1–1722297b-5Sec. 1307.Annual Reports .................................1–1732297b-6Sec. 1308.Accounts ......................................1–1732297b-7Sec. 1309.Obligations ....................................1–1742297b-8Sec. 1310.Exemption from Taxation and Payments in Lieu of Taxes ...................................1–1752297b-9Sec. 1311.Cooperation with Other Agencies ...................1–1762297b-10Sec. 1312.Applicability of Certain Federal Laws ...............1–1762297b-11Sec. 1313.Security .......................................1–1772297b-12Sec. 1314.Control of Information ...........................1–1772297b-13Sec. 1315.Transition ......................................1–1772297b-14Sec. 1316.Working Capital Account .........................1–1782297b-15

CHAPTER 24RIGHTS, PRIVILEGES, AND ASSETS OF THE CORPORATION Sec. 1401.Marketing and Contracting Authority ................1–1782297c Sec. 1402.Pricing ........................................1–1792297c-1Sec. 1403.Leasing of Gaseous Diffusion Facilities of Department ..1–1792297c-2Sec. 1404.Capital Structure of Corporation ....................1–1802297c-3Sec. 1405.Patents and Inventions ............................1–1812297c-4Sec. 1406.Liabilities ......................................1–1812297c-5Sec. 1407.Transfer of Uranium Inventories ....................1–1812297c-6Sec. 1408.Purchase of Highly Enriched Uranium from Former Soviet Union ................................1–181

2297c-7CHAPTER 25PRIVATIZATION OF THE CORPORATION Sec. 1501.Strategic Plan for Privatization .....................1–1822297d Sec. 1502.Privatization ....................................1–1822297d-1

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42 USC Sec.Volume 1, Page 1–7CHAPTER 26AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM ENRICHMENT Sec. 1601.Assessment by United States Enrichment Corporation ...1–1832297e Sec. 1602.Transfer of Rights and Property to United States Enrichment Corporation .......................1–1842297e-1Sec. 1603.Predeployment Activities by United States Enrichment Corporation .................................1–1852297e-2Sec. 1604.United States Enrichment Corporation Sponsorship of Private For-Profit Corporation to Construct AVLIS and Alternative Technologies for Uranium Enrichment .........................1–1852297e-3Sec. 1605.AVLIS Commercialization Fund within United States Enrichment Corporation .......................1–1862297e-4Sec. 1606.Department Research and Development Assistance .....1–1872297e-5Sec. 1607.Site Selection ...................................1–1872297e-6Sec. 1608.Exclusion From Price-Anderson Coverage ............1–1872297e-7

CHAPTER 27LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES Sec. 1701.Gaseous Diffusion Facilities .......................1–1882297f Sec. 1702.Licensing of Other Technologies ...................1–1892297f-1Sec. 1703.Regulation of Restricted Data ......................1–1892297f-2

CHAPTER 28DECONTAMINATION AND DECOMMISSIONING Sec. 1801.Uranium Enrichment Decontamination and Decommissioning Fund .......................1–1902297g Sec. 1802.Deposits .......................................1–1902297g-1Sec. 1803.Department Facilities .............................1–1912297g-2Sec. 1804.Employee Provisions .............................1–1922297g-3CHAPTER 28 (continued)DECONTAMINATION AND DECOMMISSIONING Sec. 1805.Reports to Congress ..............................1–1922297g-4

TITLE III–RESCISSIONS AND OFFSETS

CHAPTER 1ENERGY AND WATER DEVELOPMENT URANIUM ENRICHMENT CAPACITY

SUBCHAPTER A UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION Sec. 3101.Short Title .....................................1–1922011Sec. 3102.Definitions .....................................1–1922297h Sec. 3103.Sale of the Corporation ...........................1–1932297h-1Sec. 3104.Method of Sale .................................1–1932297h-2Sec. 3105.Establishment of Private Corporation ................1–1942297h-3Sec. 3106.Transfers to the Private Corporation .................1–1952297h-4Sec. 3107.Leasing of Gaseous Diffusion Facilities ..............1–1952297h-5

PAGE

42 USC Sec.Volume 1, Page 1–8Sec. 3108.Transfer of Contracts .............................

1–197

2297h-6Sec. 3109.Liabilities ......................................

1–1982297h-7Sec. 3110.Employee Protections ..........................

..1–1992297h-8Sec. 3111.Ownership Limitations .....

......................1–202

2297h-9Sec. 3112.Uranium Transfers and Sales .....................

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1–202

2297h-10 Table Annual Maximum Deliveries to End Users .

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....1–2022297h-10Sec. 3113.Low-level Waste ................................1–206

2297h-11Sec. 3114.AVLIS ........................................1–2062297h-12Sec. 3115.Application of Certain Laws .......................1–207

2297h-13

1

Added by Public Law 102-486 (106 Stat. 2943); Oct. 24, 1992.2Sec. 20 Public Law 88-489 (78 Stat. 602)(1964), the Private Ownership of Special Nuclear Materials Act reads as follows:Nothing in this Act shall be deemed to diminish existing authority of the United States, or of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended to regulate source, byproduct, and special nuclear material and production and utilization facilities or to control such materials and facilities exported from the United States by imposition of governmental guarantees and security safeguards with respect thereto, in order to assure the common defense and security and to protect the health and safety of the public, or to reduce the responsibility of the Atomic Energy Commission to achieve such objectives.3Public Law 88-489 (78 Stat. 602)(1964), sec. 1, deleted subsec. 2b. Subsec. 2b read as follows:b. In permitting the property of the United States to be used by others such sue 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.Volume 1, Page 1–9THE ATOMIC ENERGY ACT OF 1954

Public Law 83-70368 Stat. 919

August 30, 1954TITLE I– ATOMIC ENERGY

CHAPTER 1– DECLARATION, FINDINGS, AND PURPOSE

Sec. 1. Declaration 42 USC 2011.

Declaration.

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 1–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.Sec. 2. Findings.42 USC 2012.

Findings.The Congress of the United States hereby makes the following findings concerning the development, use and control of atomic energy:2

a. The development, utilization, and control of atomic energy for military and for all other purposes are vital to the common defense and security.c.3 The processing and utilization of source, byproduct, and special nuclear material affect interstate and foreign commerce and must be regulated in the national interest.d. The processing and utilization of source, byproduct, and special nuclear material must be regulated in the national interest and in order to provide for the common defense and security and to protect the health and safety of the public.e. Source and special nuclear material, production facilities, and utilization facilities are affected with the public interest, and regulation by the United States of the production and utilization of atomic energy and of the facilities used in connection therewith is necessary in the national interest to assure the common defense and security and to protect the health and safety of the public.

4

Public Law 88-489 (78Stat. 602) (1964), sec. 2, deleted subsec. 2h. Subsec. 2h, read as follows:h. It is essential to the common defense and security that title to all special nuclear material be in the United States while such special nuclear material is within the United States.5Public Law 85-256 (71 Stat. 576), (1957) sec. 1, added subsec. i.6Public Law 88-489 (78 Stat. 602) (1964), sec. 3, amended this subsection. Before amendment it read:c. A program for Government control of the possession, use, and production of atomic energy and special nuclear material so directed as to make the maximum contribution to the common defense and security and the national welfare;Volume 1, Page 1–10f. The necessity for protection against possible interstate damage occurring from the operation of facilities for production or utilization of source or special nuclear material places the operation of those facilities in interstate commerce for the purposes of this Act.g. Funds of the United Sates may be provided for the development and use of atomic energy under conditions which will provide for the common defense and security and promote the general welfare.i.4 In order to protect the public and to encourage the development of the atomic energy industry, in the interest of the general welfare and of the common defense and security, the United States may make funds available for a portion of the damages suffered by the public from nuclear incidents, and may limit the liability of those persons liable for such losses.5Sec. 3. Purpose.42 USC 2013.

Purpose.It is the purpose of this Act 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.6

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.

7

Public Law 87-206 (75 Stat. 475) (1961), sec. 2, amended this subsection by adding sec. 91c.8Public Law 95-604 (92 Stat. 3033) (1978), sec. 201, amended sec. 11(e) by substituting a complete new subsec. 11(e). Before amendment, subsec. 11(e) read as follows: The term “byproduct material” means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.Volume 1, Page 1–11CHAPTER 2–DEFINITIONS

Sec. 11. Definitions.42 USC 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 Act:Agency of the U.S. 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.Agreement for cooperation. b. The term “agreement for cooperation” means any agreement with another nation or regional defense organization authorized or permitted by sections 54, 57, 64, 82, 91c., 103, 104, or 144, and made pursuant to section 123.7

Atomic energy. c. The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation.Atomic weapon. 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 pisible part of the device), the principal purpose of which is for use as, or for development of, a weapon prototype, or a weapon test device.Byproduct material. e. The term “byproduct material” means (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.8

Commission. f. The term “Commission” means the Atomic Energy c8e27d77a417866fb84a8ed4mon defense and security.g. The term “common defense and security” means the common defense and security of the United States.Defense information.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.Design.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.Extraordinary nuclear occurrence.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 off-site, or causing radiation levels off-site, which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines to be substantial, and which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate determines has resulted or will probably result in substantial damages to persons off-site or property

9Public Law 89-645 (80 Stat. 891) (1966), sec. 1, added subsec. j.10

Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsec. k.11Public Law 89-645 (80 Stat. 891) (1966), sec. 1, added subsec. m.12Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsec. p.13Public Law 89-645 (80 Stat. 891) (1966), sec. 1, amended this subsection by inserting the phase:including an extraordinary nuclear occurrence.Volume 1, Page 1–12off-site. Any determination by the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, that such an event has, or has not,occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, shall establish criteria in writing setting forth the basis upon which such determination shall be made. As used in this subsection,“off-site” means away from “the location” or “the contract location” as defined in the applicable Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, indemnity agreement, entered into pursuant to section 170.9Financial

protection.

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.10Government

agency.

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, pision, service, office, officer,authority, administration, or other establishment in the executive branch of the Government.Indemnitor.

m. The term “indemnitor” means (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection; (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and (3) the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, with respect to any obligation undertaken by it in an indemnity agreement entered into pursuant to section 170.11International

arrangement.

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.Joint Committee.

o. The term “Joint Committee” means the Joint Committee on Atomic Energy.Licensed activity.

p. The term “licensed activity” means an activity licensed pursuant to this Act and covered by the provisions of section 170a.12Nuclear incident.

q. The term “nuclear incident” means any occurrence, including an extraordinary nuclear occurrence,13 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 section 170 1., it shall include any such occurrence outside of the United States:42 USC 2091.

42 USC 2111.

42 USC 2121.

42 USC 2151.

And provided further , That as the term is used in section 170d., it shall include any such occurrence outside the United States if such occurrence involves source,special nuclear, or byproduct material owned by, and used by or under contract with, the United States: And provided further , That as the term is

14

Public Law 85-256 (71 Stat. 576) (1957), sec. 3 added subsec. q. Prior to amendment by Public Law 89-645 (see footnote 9, above) the subsection had been amended by Public Law 87-615 (76 Stat. 409) (1962),sec. 4. Before amendment it read: o. The term “nuclear incident” means any occurrence within the United States causing bodily injury,sickness, disease, or death, or loss of or damage to property, or for loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material; Provided however , That as the term is used in subsection 170.1., it shall mean any such occurrence outside of the United States rather than within the United States.Public Law 84-197 (89 Stat. 1111) (1975), sec. 1, amended the second proviso in subsection 11q. Prior to amendment, the proviso read as follows:And provided further , That as the term is used in section 170d., it shall include any such occurrence outside of the United States if such occurrence involves a facility or device owned by, and used by or under contract with, the United States.15Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsection t. Public Law 87-615 (76 Stat. 409)(1962), sec. 5, amended the subsection. Before amendment, it read: r. The term “person indemnified” means the person with whom an indemnity agreement is executed and any other person who may be liable for public liability.Public Law 94-197 (89 Stat. 1111) (1975), sec. 1, amended subsection 11t. by adding the phrases “or outside the United States as the term is used in subsection 170c.” and “or who is required to maintain financial protection.” to the definition of the term person “indemnified.”Volume 1, Page 1–13used in section 170c., it shall include any such occurrence outside both the United States and any other nation if such occurrence arises out of or results from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material licensed pursuant to chapters 6, 7, 8, and 10 of this Act, which is used in connection with the operation of a licensed stationary production utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Nuclear Regulatory Commission to another person licensed by the Nuclear Regulatory Commission.14

Operator.r. The term “operator” means any inpidual who manipulates the controls of a utilization or production facility.Person.s. The term “person” means (1) any inpidual, corporation,partnership, firm, association, trust, estate, public or private institution,group, Government agency other than the Commission, any State or any political subpision of, or any political entity within a State, any foreign government or nation or any political subpision of any such government or nation, or other entity; and (2) any legal successor, representative,agent, or agency of the foregoing.Person idemnified.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 section 170c., and with respect to any nuclear incident in connection with the design, development, construction, operation,repair, maintenance, or use of the nuclear ship Savannah, the person with whom an indemnity agreement is executed or who is required to maintain financial protection, and any other person who may be liable for public liability or (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability by reason of his activities under any contract with the Secretary of Energy or any project to which indemnification under the provisions of section 170d. has been extended or under any subcontract, purchase order or other agreement, of any tier, under any such contract or project.15

u. The term “produce”, when used in relation to special nuclear material, means (1) to manufacture, make, produce, or refine special

16

Public Law 101-575 (104 Stat. 2834) (1990) Sec. 5(a) added a new last sentence to Section 11v.17

Public Law 102-486 (106 Stat. 2955) amended the last sentence of v. Before amendment the last sentence

read:Except with respect to the export or a uranium enrichment production facility, such term as used in chapters 10 and 16 shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.18Public Law 104-134 (110 Stat. 1321-349) struck the words “or the construction and operation of a uranium enrichment production facility using Atomic Vapor Laser Isotope Separation technology” following:Except with respect to the export of a uranium enrichment production facility.19Public Law 104-134, title III, § 3116(b)(1), 110 Stat. 1321-349 added new language:Chapters 10 and 16 shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.20Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsection w. Public Law 87-206 (75 Stat. 475)(1961), sec. 3, amended the subsection. Before amendment it read:u. The term “public liability” means any legal liability arising out of or resulting from a nuclear incident,except claims under State or Federal Workmen’s Compensation Acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs, and except for claims arising out of an act of war. “Public liability” also included damage to property of persons indemnified:Provided, That such property is covered under the terms of the financial protection required, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs.Volume 1, Page 1–14nuclear material; (2) to separate special nuclear material from other substances in which such material may be contained; or (3) to make or to produce new special nuclear material.Production facility.v.16 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,17 18 such term as used in Chapters 10 and 16 shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.19

Public liability.w. The term “public liability”20 means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State, or political subpision of a State, in the course of responding to a nuclear incident or precautionary evacuation) except: (i) claims under State or Federal workmen’s compensation acts of employees or persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs; (ii) claims arising out of an act of war; and (iii)whenever used in subsections a., c., and k., of section 170, claims for loss of, or damage to property which is located at the site of and used in connection with licensed activity where the nuclear incident occurs.“Public liability; also includes damage to property of persons indemnified: Provided, That such property is covered under the terms of the financial protection required, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs.

21

Public Law 84-1006 (70 Stat. 1069) (1956), sec. 1, amended this definition. Before amendment it read:u. The term “United States” when used in a geographical sense, includes all Territories and possessions of the United States, and the Canal Zone.22Public Law 100-408 (102 Stat. 1066) (1988) added subsections dd-jj.Volume 1, Page 1–15Research and development.

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.Restricted Data.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 section 142.Source material.z. The term “source material” means (1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of section 61 to be source material; or (2) ores containing one or more of the foregoing materials, in such concentration as the Commission may by regulation determine from time to time.Special nuclear material.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 section 51,determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing,but does not include source material.United States.bb. The term “United States” when used in a geographical sense includes all Territories and possessions of the United States, the Canal Zone and Puerto Rico.21

Utilization c8e27d77a417866fb84a8ed4. 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.22 The terms “high-level radioactive waste” and “spent nuclear fuel” have the meanings given such terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 USC 10101).ee. The term “transuranic waste” means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nano-curies per gram, or in such other concentrations as the Nuclear Regulatory Commission may prescribe to protect the public health and safety.ff. The term “nuclear waste activities”, as used in section 170, means activities subject to an agreement of indemnification under subsection d.of such section, that the Secretary of Energy is authorized to undertake,

23

Public Law 93-438, Sec. 104(a) (88 Stat. 1233) (1974), repealed sections 21 and 22. Prior to repeal,section 21 read as follows.Sec. 21. Atomic Energy Commission.–There is hereby established an Atomic Energy Commission, which shall be composed of five members, each of whom shall be a citizen of the United States. The President shall designate one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission,including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote.Action of the Commission shall be determined by a majority vote of the members present. The Chairman

(continued...)Volume 1, Page 1–16under this Act or any other law, involving the storage, handling,transportation, treatment, or disposal of, or research and development on,spent nuclear fuel, high-level radioactive waste, or transuranic waste,including (but not limited to) activities authorized to be carried out under the Waste Isolation Pilot Project under section 213 of Public Law 96-164(93 Stat. 1265).gg. The term “precautionary evacuation” means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is–(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 subpision of a State, who is authorized by State law to initiate such an evacuation and who reasonably determined that such an evacuation was necessary to protect the public health and safety.hh. The term “public liability action”, as used in section 170, means any suit asserting public liability. A public liability action shall be deemed to be an action arising under section 170, and the substantive rules for decision in such action shall be derived from the law of the State in which the nuclear incident involved occurs, unless such law is inconsistent with the provisions of such section.jj. Legal Costs.–As used in section 170, the term “legal costs” means the costs incurred by a plaintiff or a defendant in initiating, prosecuting,investigating, settling, or defending claims or suits for damages arising under such section.

CHAPTER 3–ORGANIZATION

Sec. 23. Office.42 USC 2033.

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.23

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