42 U.S.C. § 2023 — State authority to regulate radiation

Page 5392 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2023 § 2023. State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission (a) In general No provision of this chapter, or of the Low- Level Radioactive Waste Policy Act [42 U.S.C. 2021b et seq.], may be construed to prohibit or otherwise restrict the authority of any State to regulate, on the basis of radiological hazard, the disposal or off-site incineration of low-level ra- dioactive waste, if the Nuclear Regulatory Com- mission, after October 24, 1992, exempts such waste from regulation. (b) Relation to other State authority This section may not be construed to imply preemption of existing State authority. Except as expressly provided in subsection (a), this sec- tion may not be construed to confer on any State any additional authority to regulate ac- tivities licensed by the Nuclear Regulatory Commission. (c) Definitions For purposes of this section: (1) The term ‘‘low-level radioactive waste’’ means radioactive material classified by the Nuclear Regulatory Commission as low-level radioactive waste on October 24, 1992. (2) The term ‘‘off-site incineration’’ means any incineration of radioactive materials at a facility that is located off the site where such materials were generated. (3) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Aug. 1, 1946, ch. 724, title I, § 276, as added Pub. L. 102–486, title XXIX, § 2901(a), Oct. 24, 1992, 106 Stat. 3122.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Low-Level Radioactive Waste Policy Act, re- ferred to in subsec. (a), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2021b of this title and Tables. SUBCHAPTER II—ORGANIZATION §§ 2031, 2032. Repealed. Pub. L. 93–438, title I, § 104(a), Oct. 11, 1974, 88 Stat. 1237 Section 2031, act Aug. 1, 1946, ch. 724, § 21, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 924; amended Aug. 9, 1955, ch. 697, § 3, 69 Stat. 630, provided for establishment of Atomic Energy Commission, its composition, Chair- man, acting Chairman, quorum, official spokesman, and seal. Provisions similar to section 2031 were contained in section 1802(a)(1) of this title prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Another prior section 21 of act Aug. 1, 1946, ch. 724, 60 Stat. 775, which provided that act Aug. 1, 1946, could be cited as the Atomic Energy Act of 1946, was set out as a note under section 1801 of this title prior to the gen- eral amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Section 2032, act Aug. 1, 1946, ch. 724, § 22, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 924; amended Sept. 4, 1957, Pub. L. 85–287, § 1, 71 Stat. 612; Aug. 14, 1964, Pub. L. 88–426, title III, § 305(10)(A), 78 Stat. 423, provided for appointment of members of Commission, terms of of- fice, and prohibition from engaging in any other voca- tion, business, or employment, by the members. Provisions similar to section 2032 were contained in section 1802(a)(2) of this title prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 120 days after Oct. 11, 1974, or on such earlier date as the President may prescribe and publish in the Federal Register, see section 312(a) of Pub. L. 93–438, set out as a note under section 5801 of this title. Executive Documents EX. ORD. NO. 9816. TRANSFER OF PROPERTY AND PERSONNEL TO THE ATOMIC ENERGY COMMISSION Ex. Ord. No. 9816, eff. Dec. 31, 1946, 12 F.R. 37, pro- vided: By virtue of the authority vested in me by the Con- stitution and the statutes, including the Atomic En- ergy Act of 1946 [this chapter], and as President of the United States and Commander in Chief of the Army and the Navy, it is hereby ordered and directed as fol- lows: 1. There are transferred to the Atomic Energy Com- mission all interests owned by the United States or any Government agency in the following property: (a) All fissionable material; all atomic weapons and parts thereof; all facilities, equipment, and materials for the processing, production, or utilization of fission- able material or atomic energy; all processes and tech- nical information of any kind, and the source thereof (including data, drawings, specifications, patents, pat- ent applications, and other sources) relating to the processing, production, or utilization of fissionable ma- terial or atomic energy; and all contracts, agreements, leases, patents, applications for patents, inventions and discoveries (whether patented or unpatented), and other rights of any kind concerning any such items. (b) All facilities, equipment, and materials, devoted primarily to atomic energy research and development. 2. There also are transferred to the Atomic Energy Commission all property, real or personal, tangible or intangible, including records, owned by or in the pos- session, custody or control of the Manhattan Engineer District, War Department, in addition to the property described in paragraph 1 above. Specific items of such property, including records, may be excepted from transfer to the Commission in the following manner: (a) The Secretary of War shall notify the Commission in writing as to the specific items of property or records he wishes to except; and (b) If after full examination of the facts by the Com- mission, it concurs in the exception, those specific items of property or records shall be excepted from transfer to the Commission; or (c) If after full examination of the facts by the Com- mission, it does not concur in the exception, the matter shall be referred to the President for decision. 3. The Atomic Energy Commission shall exercise full jurisdiction over all interests and property transferred to the Commission in paragraphs 1 and 2 above, in ac- cordance with the provisions of the Atomic Energy Act of 1946 [this chapter]. 4. Any Government agency is authorized to transfer to the Atomic Energy Commission, at the request of