1. Atomic Energy Act and Related Materials

a. Atomic Energy Act of 1954, as amended

Partial Text of Public Law 83-703 [H.R. 9757], 68 Stat. 919, approved August 30, 1954; as amended by Public Law 84-337 (69 Stat. 630); Public Law 84-722 (70 Stat. 553); Public Law 84-1006 (70 Stat. 1069); Public Law 85-14 (71 Stat. 11); Public Law 85-79 (71 Stat. 274); Public Law 85-162 (71 Stat. 410); Public Law 85-177 (71 Stat. 455); Public Law 85-256 (71 Stat. 576); Public Law 85-287 (71 Stat. 612); Public Law 85-479 (72 Stat. 276); Public Law 85-507 (72 Stat. 337); Public Law 85-602 (72 Stat. 525); Public Law 85-681 (72 Stat. 632); Public Law 85-744 (72 Stat. 837); Public Law 86-43 (73 Stat. 73); Public Law 86-50 (73 Stat. 87); Public Law 86-300 (73 Stat. 574); Public Law 86-373 (73 Stat. 688); Public Law 87-206 (75 Stat. 476); Public Law 87-615 (76 Stat. 409); Public Law 87-793 (76 Stat. 864); Public Law 88-72 (77 Stat. 88); Public Law 88-294 (78 Stat. 172); Public Law 88-394 (78 Stat. 376); Public Law 88-426 (78 Stat. 423); Public Law 88-448 (78 Stat. 490); Public Law 88-489 (78 Stat. 602); Public Law 89-135 (79 Stat. 551); Public Law 89-210 (79 Stat. 855); Public Law 89-645 (80 Stat. 891); Public Law 90-190 (81 Stat. 577); Public Law 91-161 (83 Stat. 444); Public Law 91-452 (84 Stat. 930); Public Law 91-560 (84 Stat. 1472); Public Law 92-84 (85 Stat. 307); Public Law 92-307 (86 Stat. 191); Public Law 92-314 (86 Stat. 227); Public Law 93-377 (88 Stat. 472); Public Law 93-438 (88 Stat. 1233); Public Law 93-485 (88 Stat. 1460); Public Law 93-514 (88 Stat. 1611); Public Law 94-197 [H.R. 8631], 89 Stat. 1111, approved Dec. 31, 1975; Public Law 95-110 [S. 1153], 91 Stat. 884, approved Sept. 20, 1977; Public Law 95-242 (92 Stat. 120); Public Law 95-601 (92 Stat. 2947 at 2950); Public Law 95-604 (92 Stat. 3021); Public Law 96106 (93 Stat. 796 at 800); Public Law 96-295 (94 Stat. 780 at 786); Public Law 97164 (96 Stat. 25 at 48 and 49); Public Law 97-90 (95 Stat. 1171); Public Law 97415 (96 Stat. 2067); Public Law 99-64 (99 Stat. 120); Public Law 99-399 [H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public Law 100-408 [H.R. 1414], 102 Stat. 1066, approved August 20, 1988; Public Law 101-189 [H.R. 2461], 103 Stat. 1352, approved November 29, 1989; and by Public Law 101-575 [H.R. 4808], 104 Stat. 2834, approved November 15, 1990

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 Atomic Energy Act of 1946, as amended, is amended to read as follows:

ATOMIC ENERGY ACT OF 1954

CHAPTER 1. DECLARATION, FINDINGS, AND PURPOSE

Section 1.1 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

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 contributions 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. 2.2 Findings.-The Congress of the United States hereby 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.

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.

f. The necessity for protection against possible interstate damage occurring from the operation of facilities for the production or utili

142 U.S.C. 2011.7

2 42 U.S.C. 2012. Sec. 20 of the Private Ownership of Special Nuclear Materials Act (Public 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 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.".

3 Sec. 1 of Public Law 88-489 (78 Stat. 602) deleted subsec. 2b. Subsec. 2b. 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.".

zation 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. In order to protect the public and to encourage the develop ment 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. 3.5 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.6 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 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.

* 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.

5 42 U.S.C. 2013.

6 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;".

CHAPTER 2. DEFINITIONS

Sec. 11. 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, 91c.,8 103, 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. 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.

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.10 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 appro

7 42 U.S.C. 2014.

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

9 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.

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

priate,11 determines to be substantial, and which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate,11 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,11 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,11 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, 11 indemnity agreement, entered into pursuant to section 170.

k.12 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. 1. 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. 10 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,11 with respect to any obligation undertaken by it in an indemnity agreement entered into pursuant to section 170.

n. The term "international arrangement" means any international agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does not include any agreement for cooperation.

o. The term "Joint Committee" means the Joint Committee on Atomic Energy.

p.13 The term "licensed activity" means an activity licensed pursuant to this Act and covered by the provisions of section 170 a. q.14 The term "nuclear incident" means any occurrence, including an extraordinary nuclear occurrence 14 within the United

11 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). 12 Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. k.

13 Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. p.

14 Originally added as subsec. o. by sec. 3 of Public Law 85-256 (71 Stat. 576), and subsequently amended and restated by sec. 4 of Public Law 87-615 (76 Stat. 409). Previously, this subsec. 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.".

Sec. 1 of Public Law 89-645 (80 Stat. 891) redesignated subsec o. as "q." and inserted the text, "including an extraordinary nuclear occurrence."