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42 U.S.C. § 2071 — Determination of other material as special nuclear material; Presidential assent; effective date
Federal law — U.S. Code and appendices · legal_authorities
The Commission may determine from time to time that other material is special nuclear material in addition to that specified in the definition as special nuclear material. Before making any such determination, the Commission must find that such material is capable of releasing substantial quantities of atomic energy and must find that the determination that such material is special nuclear material is in the interest of the common defense and security, and the President must have expressly assented in writing to the determination. The Commission’s determination, together with the assent of the President, shall be submitted to the Energy Committees and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment for more than three days) before the determination of the Commission may become effective: Provided, however, That the Energy Committees, after having received such determination, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period.
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Stable record: federal_law:legal_authorities:record_usc_7b09c408d24dace5169cd8f3
Source file: Laws/federal/codes/united-states-code/title-42/section-2071-determination-of-other-material-as-special-nuclear-material-presidential--9b1cf8f14b.md
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Passage SHA-256: 439d71d642ed2d1c32fb548e83206ce6bee4ae2b8a9ea53356570662b22ac3ef
Source location: Title 42, Chapter 23, § 2071; chapter-023-development-and-control-of-atomic-energy.md
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The Commission may determine from time to time that other material is special nuclear material in addition to that specified in the definition as special nuclear material. Before making any such determination, the Commission must find that such material is capable of releasing substantial quantities of atomic energy and must find that the determination that such material is special nuclear material is in the interest of the common defense and security, and the President must have expressly assented in writing to the determination. The Commission’s determination, together with the assent of the President, shall be submitted to the Energy Committees and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment for more than three days) before the determination of the Commission may become effective: Provided, however, That the Energy Committees, after having received such determination, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period.
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Federal law — U.S. Code and appendices · legal_authorities
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 chapter:
**(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 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim).
**(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;
(2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source mater
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2014
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed.
**(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter.
**(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter.
**(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator.
**(e) Transfer to Administrator of certain functions of Secretary of the Interior
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the exclusions provided for in section 110a. [[42 U.S.C. 2140(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2140/a&num=0&edition=prelim)] or any other provisions of the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.], the Nuclear Regulatory Commission shall, except as otherwise specifically provided by section 110b. of the Atomic Energy Act of 1954, as amended ([42 U.S.C. 2140(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2140/b&num=0&edition=prelim)), or other law, have licensing and related regulatory authority pursuant to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2071&num=0&edition=prelim) et seq., 2091 et seq., 2111 et seq., 2131 et seq.], as to the following facilities of the Administration:
(1) Demonstration Liquid Metal Fast Breeder reactors when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.
(2) Other demonstration nuclear reactors—except those in existence on the effective date of this chapter—when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.
(3) Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under such Act.
(4) Retrievable Surface
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5843
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Federal law — U.S. Code and appendices · legal_authorities
Page 5401
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2071
(ii) to take title to and be responsible for
the final disposition of radioactive waste
created by the irradiation, processing, or
purification of uranium leased under this
section for which the Secretary deter-
mines the producer does not have access to
a disposal path.
(B) Producer
The producer of the spent nuclear fuel and
radioactive waste shall accurately charac-
terize, appropriately package, and transport
the spent nuclear fuel and radioactive waste
prior to acceptance by the Department.
(4) Compensation
(A) In general
Subject to subparagraph (B), the lease con-
tracts shall provide for compensation in
cash amounts equivalent to prevailing mar-
ket rates for the sale of comparable uranium
products and for compensation in cash
amounts equivalent to the net present value
of the cost to the Federal Government for—
(i) the final disposition of spent nuclear
fuel and radioactive waste for which the
Department is responsible under paragraph
(3); and
(ii) other costs associated with carrying
out the uranium lease and take-back pro-
gram authorized by this subsection.
(B) Discount rate
The discount rate used to determine the
net present value of costs described in sub-
paragraph (A)(ii) shall be not greater than
the average interest rate on marketable
Treasury securities.
(5) Authorized use of funds
Subject to the availability of appropriations,
the Secretary may obligate and expend funds
received under leases entered into under this
subsection, which shall remain available until
expended, for the purpose of carrying out the
activities authorized by this subtitle, includ-
ing activities related to the final disposition
of spent nuclear fuel and radioactive waste for
which the Depa
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2071
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