NOTE.-The Atomic Energy Commission was abolished and its functions were transferred to the Administrator of the Energy Research and Development Administration, except for any licensing or regulatory functions of the Commission, which were transferred to the Nuclear Regulatory Commission. See Public Law 93-438, 42 U.S.C. 5814 and 5841. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided). See Public Law 95-91, 42 U.S.C. 7151(a) and 7293.

Certain functions of the Nuclear Regulatory Commission were transferred to the Chairman thereof. See Reorganization Plan No. 1 of 1980 (45 F.R. 40561; 94 Stat. 3585; 42 U.S.C. 5841 note).

AN ACT To amend the Atomic Energy Act of 1946, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Atom: Energy Act of 1946, as amended, is amended to read as follows:

ATOMIC ENERGY ACT OF 1954

TITLE I-ATOMIC ENERGY1

CHAPTER 1. DECLARATION, FINDINGS, AND PURPOSE

Section 1.2 Declaration.-Atomic energy is capable of applica tion 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 shal 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 contributions to the common defense and security; and

b. the development, use, and control of atomic energy shal 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. 2.3 Findings.-The Congress of the United States hereby makes the following findings concerning the development, use, and control of atomic energy:

1 Sec. 902 (a X8) of the Energy Policy Act of 1992 (Public Law 102-486; 106 Stat. 2944) inserted title designation, and sec. 901 of that Act added "Title II-United States Enrichment Corpora tion" at 42 U.S.C. 2297 et seq..

242 U.S.C. 2011.

342 U.S.C. 2012. Sec. 20 of the Private Ownership of Special Nuclear Materials Act (Puble Law 88-489; 78 Stat. 602) read 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 rege late 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 govern mental 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 respon sibility of the Atomic Energy Commission to achieve such objectives.".

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.4 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 Act. 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.

i.5 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.

Sec. 3. 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 contributions to the common defense and

4 Sec. 1 of Public Law 88-489 (78 Stat. 602) deleted subsec. 2 b. Subsec. 2 b. read as follows: "b. In permitting the property of the United States to be used by others, such use 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.".

5 Sec. 2 of Public Law 88-489 (78 Stat. 602) 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 material is within the United States.".

Sec. 1 of Public Law 88-256 (71 Stat. 576) (1957) added subsec. i.

642 U.S.C. 2013.

?Sec. 3 of Public Law 88-489 (78 Stat. 602) amended subsec. c. It formerly 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;".

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 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.

CHAPTER 2. DEFINITIONS

Sec. 11.8 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:

a. The term "agency of the United States" means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial

branch.

b. The term "agreement for cooperation" means any agreement with another nation or regional defense organization authorized or permitted by sections 54, 57, 64, 82, 91 c.,9 103, 104, or 144, and made pursuant to section 123.

c. The term "atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.

d. The term "atomic weapon" means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device. e.10 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.

42 U.S.C. 2014.

The reference to 91 c. was added by sec. 2 of Public Law 87-206 (75 Stat. 475).

10 Subsec. e. was amended and restated by sec. 201 of Public Law 95-604 (92 Stat. 3033). The former definition of "byproduct material” included only the text found in phrase (1) of the cur rent subsec. e.

f. The term "Commission" means the Atomic Energy Commission.

g. The term "common defense and security" means the common defense and security of the United States.

h. The term "defense information" means any information in any category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the national defense.

i. The term "design" means (1) specifications, plans, drawings, blueprints, and other items of like nature; (2) the information contained therein; or (3) the research and development data pertinent to the information contained therein.

j.11 The term "extraordinary nuclear occurrence" means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, 12 determines to be substantial, and which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, 12 determines has resulted or will probably result in substantial damages to persons offsite or property offsite. Any determination by the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, 12 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, 12 shall establish criteria in writing setting forth the basis upon which such determination shall be made. As used in this subsection, "offsite" means away from "the location" or "the contract location" as defined in the applicable Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, 12 indemnity agreement, entered into pursuant to section 170.

k.13 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.

I. The term "Government agency" means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.

m.11 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, 12 with respect to any obligation undertaken by it in an indemnity agreement entered into pursuant to section 170.

11 Sec. 1 of Public Law 98-645 (80 Stat. 891) added subsecs. j and m.

12 The text "Nuclear Regulatory Commission or the Secretary of Energy, as appropriate," was inserted in lieu of "Commission" by sec. 16(b)(1) of Public Law 100-408 (102 Stat. 1079). 13 Sec. 3 of Public Law 85–256 (71 Stat. 576) added subsec. k.

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.

0.14 The term "Energy Committees" means the Committee on Energy and Natural Resources of the Senate and the Committee Energy and Commerce of the House of Representatives.

p.15 The term "licensed activity" means an activity licensed parsuant to this Act and covered by the provisions of section 170 a q.16 The term "nuclear incident" means any occurrence, including an extraordinary nuclear occurrence 16 within the United States causing, within or outside the United States, bodily injury, s ness, 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 no clear, or byproduct material: Provided, however, That as the term is used in section 17 170 1., it shall include any such occurrence outside the United States: And provided further, That as the term is used in section 17 170 d., it shall include any such occurrence cutside the United States if such occurrence involves source, special nuclear, or byproduct material 18 owned by, and used by or under contract with, the United States: And provided further, That as the term is used in section 17 170 c., 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, explo sive, 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 or utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Nuclear Regulatory Commission 19 to another person licensed by the Nuclear Regulatory Commis

sion, 18, 19

r. The term "operator" means any individual who manipulates the controls of a utilization or production facility.

s. The term "person" means (1) any individual, corporation, partnership, firm, association, trust, estate, puble or private institution, group, Government agency, other than the Commission, any State or any political subdivision of, or any political entity within