42 U.S.C. § 2112 — Foreign distribution of byproduct mate-

Page 5415 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2112 Commission shall establish prices on such equi- table basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not dis- courage the use of such material or the develop- ment of sources of supply of such material inde- pendent of the Commission, and (c) will encour- age research and development. In distributing such material, the Commission shall give pref- erence to applicants proposing to use such mate- rial either in the conduct of research and devel- opment or in medical therapy. The Commission shall not permit the distribution of any byprod- uct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in viola- tion of law or regulation of the Commission or in a manner other than as disclosed in the appli- cation therefor or approved by the Commission. The Commission is authorized to establish class- es of byproduct material and to exempt certain classes or quantities of material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the common defense and security and to the health and safety of the public. (b) Requirements (1) In general Except as provided in paragraph (2), byprod- uct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, may only be transferred to and disposed of in a disposal fa- cility that— (A) is adequate to protect public health and safety; and (B)(i) is licensed by the Commission; or (ii) is licensed by a State that has entered into an agreement with the Commission under section 2021(b) of this title, if the li- censing requirements of the State are com- patible with the licensing requirements of the Commission. (2) Effect of subsection Nothing in this subsection affects the au- thority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, at a disposal fa- cility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (c) Treatment as low-level radioactive waste Byproduct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, disposed of under this section shall not be considered to be low-level radioactive waste for the purposes of— (1) section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b); or (2) carrying out a compact that is— (A) entered into in accordance with that Act (42 U.S.C. 2021b et seq.); and (B) approved by Congress. (Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935; amended Pub. L. 93–377, § 4, Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–604, title II, § 205(b), Nov. 8, 1978, 92 Stat. 3039; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, § 651(e)(3)(A), Aug. 8, 2005, 119 Stat. 807.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (b)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chap- ter 82 (§ 6901 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The Low-Level Radioactive Waste Policy Act, re- ferred to in subsec. (c)(2)(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 classi- fication of this Act to the Code, see Short Title note set out under section 2021b of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(c)(2) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2005—Pub. L. 109–58 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). 1978—Pub. L. 95–604 inserted reference to section 2114 of this title. 1974—Pub. L. 93–377 substituted ‘‘qualified applicants with or without charge’’ for ‘‘licensees with or without charge’’, and struck out ‘‘Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material’’ before ‘‘The Commission shall not’’. § 2112. Foreign distribution of byproduct mate- rial (a) Cooperation with other Nations The Commission is authorized to cooperate with any nation by distributing byproduct mate- rial, and to distribute byproduct material, pur- suant to the terms of an agreement for coopera- tion to which such nation is party and which is made in accordance with section 2153 of this title. (b) Distribution to individuals The Commission is also authorized to dis- tribute byproduct material to any person out- side the United States upon application therefor by such person and demand such charge for such material as would be charged for the material if it were distributed within the United States: Provided, however, That the Commission shall not distribute any such material to any person under this section if, in its opinion, such dis- tribution would be inimical to the common de- fense and security: And provided further, That the Commission may require such reports re- garding the use of material distributed pursuant to the provisions of this section as it deems nec- essary. Page 5416 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2113 (c) Distributor’s license The Commission is authorized to license oth- ers to distribute byproduct material to any per- son outside the United States under the same conditions, except as to charges, as would be ap- plicable if the material were distributed by the Commission. (Aug. 1, 1946, ch. 724, title I, § 82, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2113. Ownership and custody of certain byprod- uct material and disposal sites (a) Specific assurances in license for pretermination actions Any license issued or renewed after the effec- tive date of this section under section 2092 or section 2111 of this title for any activity which results in the production of any byproduct ma- terial, as defined in section 2014(e)(2) of this title, shall contain such terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such li- cense— (1) the licensee will comply with decon- tamination, decommissioning, and reclama- tion standards prescribed by the Commission for sites (A) at which ores were processed pri- marily for their source material content and (B) at which such byproduct material is depos- ited, and (2) ownership of any byproduct material, as defined in section 2014(e)(2) of this title, 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 sub- section (b)(1) to acquire land used for the dis- posal 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 measures and other authorized action; li- censee-transferor liability for fraud or neg- ligence; administrative and legal costs limita- tion; government retransfers under section 7914(h) of this title (1)(A) The Commission shall require by rule, regulation, or order that prior to the termi- nation of any license which is issued after the effective date of this section, title to the land, including any interests therein (other than land owned by the United States or by a State) which is used for the disposal of any byproduct mate- rial, as defined by section 2014(e)(2) of this title, pursuant to such license shall be transferred to— (i) the United States, or (ii) the State in which such land is located, at the option of such State, unless the Commission determines prior to such termination that transfer of title to such land and such byproduct material is not necessary or desirable to protect the public health, safety, or welfare or to minimize or eliminate danger to life or property. Such determination shall be made in accordance with section 2231 of this title. Notwithstanding any other provision of law or any such determination, such property and materials shall be maintained pursuant to a license issued by the Commission pursuant to section 2111 of this title in such manner as will protect the public health, safety, and the envi- ronment. (B) If the Commission determines by order that use of the surface or subsurface estates, or both, of the land transferred to the United States or to a State under subparagraph (A) would not endanger the public health, safety, welfare, or environment, the Commission, pur- suant to such regulations as it may prescribe, shall permit the use of the surface or subsurface estates, or both, of such land in a manner con- sistent with the provisions of this section. If the Commission permits such use of such land, it shall provide the person who transferred such land with the right of first refusal with respect to such use of such land. (2) If transfer to the United States of title to such byproduct material and such land is re- quired under this section, the Secretary of En- ergy or any Federal agency designated by the President shall, following the Commission’s de- termination of compliance under subsection (c), assume title and custody of such byproduct ma- terial and land transferred as provided in this subsection. Such Secretary or Federal agency shall maintain such material and land in such manner as will protect the public health and safety and the environment. Such custody may be transferred to another officer or instrumen- tality of the United States only upon approval of the President. (3) If transfer to a State of title to such by- product material is required in accordance with this subsection, such State shall, following the Commission’s determination of compliance under subsection (d), assume title and custody of such byproduct material and land transferred as provided in this subsection. Such State shall maintain such material and land in such manner as will protect the public health, safety, and the environment. (4) In the case of any such license under sec- tion 2092 of this title, which was in effect on the effective date of this section, the Commission may require, before the termination of such li- cense, such transfer of land and interests therein (as described in paragraph (1) of this subsection) to the United States or a State in which such land is located, at the option of such State, as may be necessary to protect the public health, welfare, and the environment from any effects associated with such byproduct material. In ex- ercising the authority of this paragraph, the Commission shall take into consideration the status of the ownership of such land and inter- ests therein and the ability of the licensee to transfer title and custody thereof to the United States or a State. (5) The Commission may, pursuant to a li- cense, or by rule or order, require the Secretary or other Federal agency or State having custody