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42 U.S.C. § 2286g — “Department of Energy defense nuclear facility” defined
Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter, the term “Department of Energy defense nuclear facility” means any of the following:
(1) A production facility or utilization facility (as defined in [section 2014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014&num=0&edition=prelim)) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes, but the term does not include—
(A) any facility or activity covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program;
(B) any facility or activity involved with the transportation of nuclear explosives or nuclear material;
(C) any facility that does not conduct atomic energy defense activities; or
(D) any facility owned by the United States Enrichment Corporation.
(2) A nuclear waste storage facility under the control or jurisdiction of the Secretary of Energy, but the term does not include a facility developed pursuant to 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.) and licensed by the Nuclear Regulatory Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2286g
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Stable record: federal_law:legal_authorities:record_usc_eb54a111f367b689526ee707
Source file: Laws/federal/codes/united-states-code/title-42/section-2286g-department-of-energy-defense-nuclear-facility-defined--8fed50ab9a.md
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Source location: Title 42, Chapter 23, § 2286g; chapter-023-development-and-control-of-atomic-energy.md
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As used in this subchapter, the term “Department of Energy defense nuclear facility” means any of the following:
(1) A production facility or utilization facility (as defined in [section 2014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014&num=0&edition=prelim)) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes, but the term does not include—
(A) any facility or activity covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program;
(B) any facility or activity involved with the transportation of nuclear explosives or nuclear material;
(C) any facility that does not conduct atomic energy defense activities; or
(D) any facility owned by the United States Enrichment Corporation.
(2) A nuclear waste storage facility under the control or jurisdiction of the Secretary of Energy, but the term does not include a facility developed pursuant to 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.) and licensed by the Nuclear Regulatory Commission.
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6102
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
Except as otherwise provided, in this subpart:
(1) The term “Administration” means the National Nuclear Security Administration.
(2) The term “Administrator” means the Administrator for Nuclear Security.
(3) The term “classified information” means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 ([50 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3001&num=0&edition=prelim) note), Executive Order No. 12958 of April 17, 1995 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note),11 See References in Text note below. Executive Order No. 13526 of December 29, 2009 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note), or successor orders, to require protection against unauthorized disclosure and that is so designated.
(4) The terms “defense nuclear facility” and “Department of Energy defense nuclear facility” have the meaning given the term “Department of Energy defense nuclear facility” in section 318 of the Atomic Energy Act of 1954 ([42 U.S.C. 2286g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2286g&num=0&edition=prelim)).
(5) The term “nuclear security enterprise” means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.
(6) The term “national security laboratory” means any of the following:
(A) Los Alamos National Laboratory, Los Alamos, New Mexico.
(B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.
(C) Lawrence Livermore National Laboratory, Livermore, California.
(7)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6101
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities.
**(b) Objectives.—** The objectives for establishing energy parks pursuant to subsection (a) are the following:
(1) To provide locations to carry out a broad range of projects relating to the development and deployment of energy technologies and related advanced manufacturing technologies.
(2) To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies.
(3) To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy security, energy sector employment, and energy independence.
(4) To create a business environment that encourages collaboration and interaction between the public and private sectors.
**(c) Consultation.—** In establishing an energy park pursuant to subsection (a), the Secretary shall consult with—
(1) the local government with jurisdiction over the land on which the energy park will be located;
(2) the local governments of adjacent areas; and
(3) any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located.
**(d) Report Required.—** Not later than 120 days after January 7, 2011, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the program under subsection (a). The report shall include such recommendations for additional legislative actions as the Secretary considers app
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6355
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established an independent establishment in the executive branch, to be known as the “Defense Nuclear Facilities Safety Board” (hereafter in this subchapter referred to as the “Board”).
**(b) Membership**
(1) The Board shall be composed of five members appointed from civilian life by the President, by and with the advice and consent of the Senate, from among United States citizens who are respected experts in the field of nuclear safety with a demonstrated competence and knowledge relevant to the independent investigative and oversight functions of the Board. Not more than three members of the Board shall be of the same political party.
(2) Any vacancy in the membership of the Board shall be filled in the same manner in which the original appointment was made.
(3) No member of the Board may be an employee of, or have any significant financial relationship with, the Department of Energy or any contractor of the Department of Energy.
(4) The President shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall maintain a list of individuals who meet the qualifications described in paragraph (1) to assist the President in selecting individuals to nominate for positions as members of the Board.
**(c) Chairperson, Vice Chairperson, and members**
(1) The President shall designate a Chairperson and Vice Chairperson of the Board from among members of the Board.
(2) In accordance with paragraphs (5) and (6), the Chairperson shall be the chief executive officer of the Board and, subject to such policies as the Board may establish, shall exercise the functions of the Board with respect to—
(A) the appointment and supervision of employees of the Board;
(B) the organization of any ad
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2286
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 10101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5555
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2286h–1
‘‘(c) REQUIREMENTS FOR FIRST ANNUAL REPORT.—(1)
Before submission of the first annual report by the De-
fense Nuclear Facilities Safety Board under section
316(a) of the Atomic Energy Act of 1954 [subsec. (a) of
this section] (as added by subsection (a)), the Board
shall conduct a study on whether nuclear facilities of
the Department of Energy that are excluded from the
definition of ‘Department of Energy defense nuclear fa-
cility’ in section 318(1)(C) of such Act [section
2286g(1)(C) of this title] (hereafter in this subsection re-
ferred to as ‘non-defense nuclear facilities’) should be
subject to independent external oversight. The Board
shall include in such first annual report the results of
such study and the recommendation of the Board on
whether non-defense nuclear facilities should be sub-
ject to independent external oversight.
‘‘(2) If the Board recommends in the report that non-
defense nuclear facilities should be subject to such
oversight, the report shall include a discussion of alter-
native mechanisms for implementing such oversight,
including mechanisms such as a separate executive
agency and oversight as a part of the Board’s respon-
sibilities. The discussion of alternative mechanisms of
oversight also shall include considerations of budg-
etary costs, protection of the security of sensitive nu-
clear weapons information, and the similarities and dif-
ferences in the design, construction, operation, and de-
commissioning of defense and non-defense nuclear fa-
cilities of the Department of Energy.
‘‘(d) REQUIREMENTS FOR FIFTH ANNUAL REPORT.—The
fifth annual report submitted by the Defense Nuclear
Facilities Safety Board under section 316(a) of the
Atomic Energy Act of 1954
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2286g
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.