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10 U.S.C. § 6192 — Defense site acceleration completion

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6192 — Defense site acceleration completion

**(a) In General.—** Notwithstanding the provisions of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim) et seq.), the requirements of section 202 of the Energy Reorganization Act of 1974 ([42 U.S.C. 5842](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5842&num=0&edition=prelim)), and other laws that define classes of radioactive waste, with respect to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by the State, the term “high-level radioactive waste” does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy (in this section referred to as the “Secretary”), in consultation with the Nuclear Regulatory Commission (in this section referred to as the “Commission”), determines— (1) does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste; (2) has had highly radioactive radionuclides removed to the maximum extent practical; and (3) (A) does not exceed concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of— (i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; and (ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; or (B) exceeds concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federa

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Stable record: federal_law:legal_authorities:record_usc_609e0d4cc047c71129045650
Source file: Laws/federal/codes/united-states-code/title-10/section-6192-defense-site-acceleration-completion--d91760f8ef.md
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Source location: Title 10, Chapter 604, § 6192; chapter-604-defense-environmental-cleanup-matters.md

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**(a) In General.—** Notwithstanding the provisions of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim) et seq.), the requirements of section 202 of the Energy Reorganization Act of 1974 ([42 U.S.C. 5842](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5842&num=0&edition=prelim)), and other laws that define classes of radioactive waste, with respect to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by the State, the term “high-level radioactive waste” does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy (in this section referred to as the “Secretary”), in consultation with the Nuclear Regulatory Commission (in this section referred to as the “Commission”), determines— (1) does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste; (2) has had highly radioactive radionuclides removed to the maximum extent practical; and (3) (A) does not exceed concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of— (i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; and (ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; or (B) exceeds concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, but will be disposed of— (i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; (ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; and (iii) pursuant to plans developed by the Secretary in consultation with the Commission. **(b) Monitoring by Nuclear Regulatory Commission.—** (1) The Commission shall, in coordination with the covered State, monitor disposal actions taken by the Department of Energy pursuant to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of assessing compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations. (2) If the Commission considers any disposal actions taken by the Department of Energy pursuant to those subparagraphs to be not in compliance with those performance objectives, the Commission shall, as soon as practicable after discovery of the noncompliant conditions, inform the Department of Energy, the covered State, and the following congressional committees: (A) The Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. (B) The Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate. (3) For fiscal year 2005, the Secretary shall, from amounts available for defense site acceleration completion, reimburse the Commission for all expenses, including salaries, that the Commission incurs as a result of performance under subsection (a) and this subsection for fiscal year 2005. The Department of Energy and the Commission may enter into an interagency agreement that specifies the method of reimbursement. Amounts received by the Commission for performance under subsection (a) and this subsection may be retained and used for salaries and expenses associated with those activities, notwithstanding [section 3302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), and shall remain available until expended. (4) For fiscal years after 2005, the Commission shall include in the budget justification materials submitted to Congress in support of the Commission budget for that fiscal year (as submitted with the budget of the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim)) the amounts required, not offset by revenues, for performance under subsection (a) and this subsection. **(c) Inapplicability to Certain Materials.—** Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the covered State. **(d) Covered States.—** For purposes of this section, the following States are covered States: (1) The State of South Carolina. (2) The State of Idaho. **(e) Construction.—** (1) Nothing in this section shall impair, alter, or modify the full implementation of any Federal Facility Agreement and Consent Order or other applicable consent decree for a Department of Energy site. (2) Nothing in this section establishes any precedent or is binding on the State of Washington, the State of Oregon, or any other State not covered by subsection (d) for the management, storage, treatment, and disposition of radioactive and hazardous materials. (3) Nothing in this section amends the definition of “transuranic waste” or regulations for repository disposal of transuranic waste pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102–579; 106 Stat. 4777) or part 191 of title 40, Code of Federal Regulations. (4) Nothing in this section shall be construed to affect in any way the obligations of the Department of Energy to comply with section 6154. (5) Nothing in this section amends the West Valley Demonstration Act 11 See References in Text note below. (Public Law 96–368; [42 U.S.C. 2021a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021a&num=0&edition=prelim) note). **(f) Judicial Review.—** Judicial review shall be available in accordance with chapter 7 of title 5, for the following: (1) Any determination made by the Secretary or any other agency action taken by the Secretary pursuant to this section. (2) Any failure of the Commission to carry out its responsibilities under subsection (b).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10101 — Nuclear Waste Technical Review Board

**(a) Establishment** There is established a Nuclear Waste Technical Review Board that shall be an independent establishment within the executive branch. **(b) Members** (1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Academy of Sciences in accordance with paragraph (3). (2) The President shall designate a member of the Board to serve as chairman. (3) (A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C). (B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C). (C) (i) Each person nominated for appointment to the Board shall be— (I) eminent in a field of science or engineering, including environmental sciences; and (II) selected solely on the basis of established records of distinguished service. (ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this subchapter. (iii) No person shall be nominated for appointment to the Board who is an employee of— (I) the Department of Energy; (II) a national laboratory under contract with the Department of Energy; or (III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy. (4) Any vacancy on the Board shall be filled by the nomination and appointment process described in para

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10101

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3302 — Custodians of money

**(a)** Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without— (1) lending the money; (2) using the money; (3) depositing the money in a bank; and (4) exchanging the money for other amounts. **(b)** Except as provided in section 3718(b) 11 See References in Text note below. of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim. **(c)** (1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian. (2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1). **(d)** An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to w

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3302

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5842 — Establishment and transfers

**(a) Composition; Chairman; Acting Chairman; quorum; official spokesman; seal; functions of Chairman and Commission** (1) There is established an independent regulatory commission to be known as the Nuclear Regulatory 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 (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission shall have an official seal which shall be judicially noticed. (2) The Chairman of the Commission shall be the principal executive officer of the Commission, and he shall e

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5842

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2021a — Storage or disposal facility planning

**(a)** Any person, agency, or other entity proposing to develop a storage or disposal facility, including a test disposal facility, for high-level radioactive wastes, non-high-level radioactive wastes including transuranium contaminated wastes, or irradiated nuclear reactor fuel, shall notify the Commission as early as possible after the commencement of planning for a particular proposed facility. The Commission shall in turn notify the Governor and the State legislature of the State of proposed situs whenever the Commission has knowledge of such proposal. **(b)** The Commission is authorized and directed to prepare a report on means for improving the opportunities for State participation in the process for siting, licensing, and developing nuclear waste storage or disposal facilities. Such report shall include detailed consideration of a program to provide grants through the Commission to any State, and the advisability of such a program, for the purpose of conducting an independent State review of any proposal to develop a nuclear waste storage or disposal facility identified in subsection (a) within such State. On or before March 1, 1979, the Commission shall submit the report to the Congress including recommendations for improving the opportunities for State participation together with any necessary legislative proposals.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2215 — Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter

**(a) Annual budget justification** (1) **In general** — In the annual budget justification submitted by the Commission to Congress, the Commission shall expressly identify anticipated expenditures necessary for completion of the requested activities of the Commission anticipated to occur during the applicable fiscal year. (2) **Restriction** — Budget authority granted to the Commission for purposes of the requested activities of the Commission shall be used, to the maximum extent practicable, solely for conducting requested activities of the Commission. (3) **Limitation on corporate support costs** — With respect to the annual budget justification submitted to Congress, corporate support costs, to the maximum extent practicable, shall not exceed the following percentages of the total budget authority of the Commission requested in the annual budget justification: (A) 30 percent for each of fiscal years 2021 and 2022. (B) 30 percent for fiscal year 2025 and each fiscal year thereafter. (4) **International nuclear export and innovation activities** — The Commission shall identify in the annual budget justification international nuclear export and innovation activities described in [section 2155b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155b/a&num=0&edition=prelim). **(b) Fees and charges** (1) **Annual assessment** (A) *In general* — Each fiscal year, the Commission shall assess and collect fees and charges in accordance with paragraphs (2) and (3) in a manner that ensures that, to the maximum extent practicable, the amount assessed and collected is equal to an amount that approximates— (i) the total budget authority of the Commission for that fiscal year; less (ii) the budget authority of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2215

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2621 to 2623 — Repealed. Pub. L. 119–60, div. C, title XXXI, § 3111(b)(1), Dec. 18, 2025, 139 Stat. 1458

### Statutory Notes Section 2602, Pub. L. 107–314, div. D, title XLIV, § 4422, formerly Pub. L. 101–189, div. C, title XXXI, § 3156, Nov. 29, 1989, 103 Stat. 1683; renumbered Pub. L. 107–314, div. D, title XLIV, § 4422, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(12), Nov. 24, 2003, 117 Stat. 1766; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(E), (e)(11), Dec. 26, 2013, 127 Stat. 1073, 1077, related to reports in connection with permanent closures of Department of Energy defense nuclear facilities. See [section 6191 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6191&num=0&edition=prelim), Armed Forces. Section 2603, Pub. L. 107–314, div. D, title XLIV, § 4423, as added Pub. L. 114–92, div. C, title XXXI, § 3133(a), Nov. 25, 2015, 129 Stat. 1205; amended Pub. L. 117–263, div. C, title XXXI, § 3114, Dec. 23, 2022, 136 Stat. 3053, related to development and submission to Congress of plans for deactivation and decommissioning of nonoperational defense nuclear facilities. See [section 6194 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6194&num=0&edition=prelim), Armed Forces. #### Defense Site Acceleration Completion Pub. L. 108–375, div. C, title XXXI, § 3116, Oct. 28, 2004, 118 Stat. 2162, as amended by Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(L), Dec. 18, 2025, 139 Stat. 1461, which related to definition of high-level radioactive waste and monitoring by Nuclear Regulatory Commission of disposal actions, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(16), Dec. 18, 2025, 139 Stat. 1459. See [section 6192 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6192&num=0&edition=prelim), Armed Forces. #### Sandia

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2621 to 2623

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10101 — Definitions

Page 7974 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10101 1 So in original. The semicolon probably should be a period. Sec. 10172a. Siting a second repository. PART F—BENEFITS 10173. Benefits agreements. 10173a. Content of agreements. 10173b. Review Panel. 10173c. Termination. PART G—OTHER BENEFITS 10174. Consideration in siting facilities. 10174a. Report. PART H—TRANSPORTATION 10175. Transportation. SUBCHAPTER II—RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL 10191. Purpose. 10192. Applicability. 10193. Identification of sites. 10194. Siting research and related activities. 10195. Test and evaluation facility siting review and reports. 10196. Federal agency actions. 10197. Research and development on disposal of high-level radioactive waste. 10198. Research and development on spent nuclear fuel. 10199. Payments to States and Indian tribes. 10200. Study of research and development needs for monitored retrievable storage proposal. 10201. Judicial review. 10202. Research on alternatives for permanent dis- posal of high-level radioactive waste. 10203. Technical assistance to non-nuclear weapon states in field of spent fuel storage and dis- posal. 10204. Subseabed disposal. SUBCHAPTER III—OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE 10221. Mission plan. 10222. Nuclear Waste Fund. 10223. Alternative means of financing. 10224. Office of Civilian Radioactive Waste Manage- ment. 10225. Location of test and evaluation facility. 10226. Nuclear Regulatory Commission training au- thorization. SUBCHAPTER IV—NUCLEAR WASTE NEGOTIATOR 10241. ‘‘State’’ defined. 10242. Office of Nuclear Waste Negotiator. 10243. Duties of Negotiator. 1024

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2021a — Storage or disposal facility planning

Page 5375 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021a Act) [subsec. (o) of this section]. The Commission shall have the authority to ensure that such section 274 o. is implemented by any such State to the extent prac- ticable during the three-year period beginning on the date of the enactment of this Act. Nothing in this sec- tion shall be construed to preclude the Commission or the Administrator of the Environmental Protection Agency from taking such action under section 275 of the Atomic Energy Act of 1954 [section 2022 of this title] as may be necessary to implement title I of this Act [section 7911 et seq. of this title]. ‘‘(2) An agreement entered into with any State as permitted under section 274 of the Atomic Energy Act of 1954 [this section] with respect to byproduct material as defined in section 11 e. (2) of such Act. [section 2014(e)(2) of this title], may be entered into at any time after the date of the enactment of this Act [Nov. 8, 1978] but no such agreement may take effect before the date three years after the date of the enactment of this Act. ‘‘(3) Notwithstanding any other provision of this title [See Effective Date of 1978 Amendment note set out under section 2014 of this title], where a State assumes or has assumed, pursuant to an agreement entered into under section 274 b. of the Atomic Energy Act of 1954 [subsec. (b) of this section], authority over any activity which results in the production of byproduct material, as defined in section 11 e. (2) of such Act [section 2014(e)(2) of this title], the Commission shall not, until the end of the three-year period beginning on the date of the enactment of this Act [Nov. 8, 1978], have licens- ing authority over such byproduct material produced in any activity covered by

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2021a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5842 — Licensing and related regulatory func-

Page 6610 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5842 not require a Reorganization Plan. Second, I have con- sistently favored funding assistance to intervenors in regulatory proceedings. This is particularly important in the case of nuclear safety regulation. I therefore en- courage the Commission to include consideration of in- tervenor funding as part of its review and upgrading of the licensing process, as called for by the Kemeny Com- mission. I have also requested Congress to appropriate funds for this purpose. This activity cannot be author- ized by a Reorganization Plan. NO ADDED COSTS This proposed realignment and clarification of re- sponsibilities would not result in an increase or de- crease of expenditures. But placing management re- sponsibilities in the Chairman would result in greater attention to developing and implementing nuclear safe- ty policies and to strict enforcement of the terms of li- censes granted by the Commission. Each of the provisions of this proposed reorganization would also accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No statutory functions would be abolished by the Plan; rather they would be consoli- dated or reassigned in order to improve management, delivery of services, execution of the law, and overall operational efficiency and effectiveness of the Commis- sion. By Executive Order No. 12202, dated March 18, 1980 [42 U.S.C. 5848 note], I established a Nuclear Safety Over- sight Committee to advise me of progress being made by the Nuclear Regulatory Commission, the nuclear in- dustry, and others in improving nuclear safety. I am confident that the present Reorganization Plan, to- gether with the other steps that have been or are being taken by this Administration and by others, will grea

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5842

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