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42 U.S.C. § 2231 — Applicability of administrative procedure provisions; definitions

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

42 U.S.C. § 2231 — Applicability of administrative procedure provisions; definitions

**(a) In general** The provisions of subchapter II of chapter 5, and chapter 7, of title 5 shall apply to all agency action taken under this chapter, and the terms “agency” and “agency action” shall have the meaning specified in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim): Provided, however, That in the case of agency proceedings or actions which involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of [section 2167 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2167&num=0&edition=prelim) or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim), the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim) to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim) were not involved. **(b) Efficient licensing reviews** The Commission shall provide for efficient and timely reviews and proceedings for the granting, suspen

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Source file: Laws/federal/codes/united-states-code/title-42/section-2231-applicability-of-administrative-procedure-provisions-definitions--d9bd7ad798.md
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Source location: Title 42, Chapter 23, § 2231; chapter-023-development-and-control-of-atomic-energy.md

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

5 U.S.C. § 551 — Definitions

For the purpose of this subchapter— (1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below. (2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa

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

42 U.S.C. § 2168 — Dissemination of unclassified information

**(a) Dissemination prohibited; rules and regulations; determinations of Secretary prerequisite to issuance of prohibiting regulations or orders; criteria** (1) In addition to any other authority or requirement regarding protection from dissemination of information, and subject to [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), the Secretary of Energy (hereinafter in this section referred to as the “Secretary”), with respect to atomic energy defense programs, shall prescribe such regulations, after notice and opportunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified information pertaining to— (A) the design of production facilities or utilization facilities; (B) security measures (including security plans, procedures, and equipment) for the physical protection of (i) production or utilization facilities, (ii) nuclear material contained in such facilities, or (iii) nuclear material in transit; or (C) the design, manufacture, or utilization of any atomic weapon or component if the design, manufacture, or utilization of such weapon or component was contained in any information declassified or removed from the Restricted Data category by the Secretary (or the head of the predecessor agency of the Department of Energy) pursuant to [section 2162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2162&num=0&edition=prelim). (2) The Secretary may prescribe regulations or issue orders under paragraph (1) to prohibit the dissemination of any information described in such paragraph only if and to the extent that the Secretary determines that the unauthorized diss

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

42 U.S.C. § 2011 — Congressional declaration of policy

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 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.

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

42 U.S.C. § 2167 — Safeguards information

**(a) Confidentiality of certain types of information; issuance of regulations and orders; considerations for exercise of Commission’s authority; disclosure of routes and quantities of shipment; civil penalties; withholding of information from Congressional committees** In addition to any other authority or requirement regarding protection from disclosure of information, and subject to subsection (b)(3) of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the Commission shall prescribe such regulations, after notice and opportunity for public comment, or issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information which specifically identifies a licensee’s or applicant’s detailed— (1) control and accounting procedures or security measures (including security plans, procedures, and equipment) for the physical protection of special nuclear material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security; (2) security measures (including security plans, procedures, and equipment) for the physical protection of source material or byproduct material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security; or (3) security measures (including security plans, procedures, and equipment) for the physical protection of and the location of certain plant equipment vital to the safety of production or utilization facilities involving nuclear materials covered by paragraphs (1) and (2) 11 So in original. Pr

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

42 U.S.C. § 10121 — Financial arrangements for low-level radioactive waste site closure

**(a) Financial arrangements** (1) The Commission shall establish by rule, regulation, or order, after public notice, and in accordance with [section 2231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2231&num=0&edition=prelim), such standards and instructions as the Commission may deem necessary or desirable to ensure in the case of each license for the disposal of low-level radioactive waste that an adequate bond, surety, or other financial arrangement (as determined by the Commission) will be provided by a licensee to permit completion of all requirements established by the Commission for the decontamination, decommissioning, site closure, and reclamation of sites, structures, and equipment used in conjunction with such low-level radioactive waste. Such financial arrangements shall be provided and approved by the Commission, or, in the case of sites within the boundaries of any agreement State under [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim), by the appropriate State or State entity, prior to issuance of licenses for low-level radioactive waste disposal or, in the case of licenses in effect on January 7, 1983, prior to termination of such licenses. (2) If the Commission determines that any long-term maintenance or monitoring, or both, will be necessary at a site described in paragraph (1), the Commission shall ensure before termination of the license involved that the licensee has made available such bonding, surety, or other financial arrangements as may be necessary to ensure that any necessary long-term maintenance or monitoring needed for such site will be carried out by the person having title and custody for such site following

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10121

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

42 U.S.C. § 2113 — Ownership and custody of certain byproduct material and disposal sites

**(a) Specific assurances in license for pretermination actions** Any license issued or renewed after the effective date of this section under section 2092 or [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2111&num=0&edition=prelim) for any activity which results in the production of any byproduct material, as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), shall contain such terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such license— (1) the licensee will comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission for sites (A) at which ores were processed primarily for their source material content and (B) at which such byproduct material is deposited, and (2) ownership of any byproduct material, as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), which resulted from such licensed activity shall be transferred to (A) the United States or (B) in the State in which such activity occurred if such State exercises the option under subsection (b)(1) to acquire land used for the disposal of byproduct material. Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) upon termination. **(b) Transfer of title; health and environmental protection through maintenance of property and materials; use of surface or subsurface estates: first refusal rights of transferor; maintenance, monitoring, and emergency meas

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

42 U.S.C. § 2201 — General duties of Commission

In the performance of its functions the Commission is authorized to— **(a) Establishment of advisory boards** establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commission issues regulations setting forth the scope, procedure, and limitations of the authority of each such board; **(b) Standards governing use and possession of material** establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of 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; **(c) Studies and investigations** make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this chapter, or in the administration or enforcement of this chapter, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. Witnesses subpenaed under this subsecti

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2201

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

42 U.S.C. § 2210b — Uranium supply

**(a) Assessment of domestic uranium industry viability; monitoring and reporting requirements; criteria; implementation by rules and regulations** The Secretary of Energy shall monitor and for the years 1983 to 1992 report annually to the Congress and to the President a determination of the viability of the domestic uranium mining and milling industry and shall establish by rule, after public notice and in accordance with the requirements of [section 2231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2231&num=0&edition=prelim), within 9 months of January 4, 1983, specific criteria which shall be assessed in the annual reports on the domestic uranium industry’s viability. The Secretary of Energy is authorized to issue regulations providing for the collection of such information as the Secretary of Energy deems necessary to carry out the monitoring and reporting requirements of this section. **(b) Disclosure of information** Upon a satisfactory showing to the Secretary of Energy by any person that any information, or portion thereof obtained under this section, would, if made public, divulge proprietary information of such person, the Secretary shall not disclose such information and disclosure thereof shall be punishable under [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim). **(c) Criteria for monitoring and reporting requirements** The criteria referred to in subsection (a) shall also include, but not be limited to— (1) an assessment of whether executed contracts or options for source material or special nuclear material will result in greater than 37½ percent of actual or projected domestic uranium requirements for any two-consecutive-year

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2210b

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

42 U.S.C. § 5815 — Abolition and transfers

**(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

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

42 U.S.C. § 2231 — Applicability of administrative procedure

Page 5526 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2224 section 171 of Title 28, Judiciary and Judicial Proce- dure. § 2224. Attorney General approval of title All real property acquired under this chapter shall be subject to the provisions of sections 3111 and 3112 of title 40: Provided, however, That real property acquired by purchase or donation, or other means of transfer may also be occupied, used, and improved for the purposes of this chapter prior to approval of title by the Attor- ney General in those cases where the President determines that such action is required in the interest of the common defense and security. (Aug. 1, 1946, ch. 724, title I, § 174, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION In text, ‘‘sections 3111 and 3112 of title 40’’ substituted for ‘‘section 355 of the Revised Statutes, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. PRIOR PROVISIONS Provisions similar to this section were contained in section 1813(b) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. SUBCHAPTER XV—JUDICIAL REVIEW AND ADMINISTRATIVE PROCED

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