42 U.S.C. § 2297f — Gaseous diffusion facilities

Page 5565 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2297f SUBCHAPTER VI—LICENSING AND REGU- LATION OF URANIUM ENRICHMENT FA- CILITIES § 2297f. Gaseous diffusion facilities (a) Issuance of standards Within 2 years after October 24, 1992, the Nu- clear Regulatory Commission shall establish by regulation such standards as are necessary to govern the gaseous diffusion uranium enrich- ment facilities of the Department in order to protect the public health and safety from radio- logical hazard and provide for the common de- fense and security. Regulations promulgated pursuant to this subsection shall, among other things, require that adequate safeguards (within the meaning of section 2167 of this title) are in place. (b) Annual report (1) In general Not later than the date on which a certifi- cate of compliance is issued under subsection (c), the Nuclear Regulatory Commission, in consultation with the Department and the En- vironmental Protection Agency, shall report to the Congress on the status of health, safety, and environmental conditions at the gaseous diffusion uranium enrichment facilities of the Department. (2) Required determination Such report shall include a determination regarding whether the gaseous diffusion ura- nium enrichment facilities of the Department are in compliance with the standards estab- lished under subsection (a) and all applicable laws. (c) Certification process (1) Establishment The Nuclear Regulatory Commission shall establish a certification process to ensure that the Corporation complies with standards es- tablished under subsection (a). (2) Periodic application for certificate of com- pliance The Corporation shall apply to the Nuclear Regulatory Commission for a certificate of compliance under paragraph (1) periodically, as determined by the Commission, but not less than every 5 years. The Commission shall re- view any such application and any determina- tion made under subsection (b)(2) shall be based on the results of any such review. (3) Treatment of certificate of compliance The requirement for a certificate of compli- ance under paragraph (1) shall be in lieu of any requirement for a license for any gaseous dif- fusion facility of the Department leased by the Corporation. (4) NRC review (A) In general The Nuclear Regulatory Commission, in consultation with the Environmental Pro- tection Agency, shall review the operations of the Corporation with respect to any gas- eous diffusion uranium enrichment facilities of the Department leased by the Corporation to ensure that public health and safety are adequately protected. (B) Access to facilities and information The Corporation and the Department shall cooperate fully with the Nuclear Regulatory Commission and the Environmental Protec- tion Agency and shall provide the Nuclear Regulatory Commission and the Environ- mental Protection Agency with the ready access to the facilities, personnel, and infor- mation the Nuclear Regulatory Commission and the Environmental Protection Agency consider necessary to carry out their respon- sibilities under this subsection. A contractor operating a Corporation facility for the Cor- poration shall provide the Nuclear Regu- latory Commission and the Environmental Protection Agency with ready access to the facilities, personnel, and information of the contractor as the Nuclear Regulatory Com- mission and the Environmental Protection Agency consider necessary to carry out their responsibilities under this subsection. (C) Limitation The Nuclear Regulatory Commission shall limit its finding under subsection (b)(2) to a determination of whether the facilities are in compliance with the standards estab- lished under subsection (a). (d) Requirement for operation The gaseous diffusion uranium enrichment fa- cilities of the Department may not be operated by the Corporation unless the Nuclear Regu- latory Commission, in consultation with the En- vironmental Protection Agency, makes a deter- mination of compliance under subsection (b) or approves a plan prepared by the Department for achieving compliance required under subsection (b). (Aug. 1, 1946, ch. 724, title II, § 1701, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2951; amended Pub. L. 104–134, title III, § 3116(b)(3), Apr. 26, 1996, 110 Stat. 1321–349; Pub. L. 105–362, title XII, § 1202, Nov. 10, 1998, 112 Stat. 3292.) Editorial Notes AMENDMENTS 1998—Subsec. (b)(1). Pub. L. 105–362 substituted ‘‘Not later than the date on which a certificate of compli- ance is issued under subsection (c), the Nuclear’’ for ‘‘The Nuclear’’ and struck out ‘‘at least annually’’ after ‘‘report’’. 1996—Subsec. (c)(2). Pub. L. 104–134 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘The Corporation shall apply at least annually to the Nuclear Regulatory Commission for a certificate of compliance under paragraph (1). The Nu- clear Regulatory Commission, in consultation with the Environmental Protection Agency, shall review any such application and any determination made under subsection (b)(2) of this section shall be based on the re- sults of any such review.’’ Statutory Notes and Related Subsidiaries REFERENCES TO UNITED STATES ENRICHMENT CORPORATION References to the Corporation, meaning the United States Enrichment Corporation, deemed, as of the pri- Page 5566 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2297f–1 vatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title. § 2297f–1. Licensing of other technologies (a) In general Corporation facilities using alternative tech- nologies for uranium enrichment, including AVLIS, shall be licensed under sections 2073, 2093, and 2243 of this title. (b) Costs for decontamination and decommis- sioning The Corporation shall provide for the costs of decontamination and decommissioning of any Corporation facilities described in subsection (a) in accordance with the requirements of the amendments made by section 5 of the Solar, Wind, Waste, and Geothermal Power Production Act of 1990. (Aug. 1, 1946, ch. 724, title II, § 1702, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2953; amended Pub. L. 104–134, title III, § 3116(b)(4), Apr. 26, 1996, 110 Stat. 1321–349.) Editorial Notes REFERENCES IN TEXT Section 5 of the Solar, Wind, Waste, and Geothermal Power Production Act of 1990, referred to in subsec. (b), is section 5 of Pub. L. 101–575, Nov. 15, 1990, 104 Stat. 2835, which enacted section 2243 of this title and amend- ed sections 2014, 2061, 2201, and 2284 of this title. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–134 substituted ‘‘includ- ing’’ for ‘‘other than’’ and ‘‘sections 2073, 2093, and 2243’’ for ‘‘sections 2073 and 2093’’. Statutory Notes and Related Subsidiaries REFERENCES TO UNITED STATES ENRICHMENT CORPORATION References to the Corporation, meaning the United States Enrichment Corporation, deemed, as of the pri- vatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title. § 2297f–2. Regulation of Restricted Data The Corporation shall be subject to this chap- ter with respect to the use of, or access to, Re- stricted Data to the same extent as any private corporation. (Aug. 1, 1946, ch. 724, title II, § 1703, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2953.) 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. Statutory Notes and Related Subsidiaries REFERENCES TO UNITED STATES ENRICHMENT CORPORATION References to the Corporation, meaning the United States Enrichment Corporation, deemed, as of the pri- vatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title. SUBCHAPTER VII—DECONTAMINATION AND DECOMMISSIONING § 2297g. Uranium Enrichment Decontamination and Decommissioning Fund (a) Establishment There is established in the Treasury of the United States an account to be known as the Uranium Enrichment Decontamination and De- commissioning Fund (referred to in this sub- chapter as the ‘‘Fund’’). The Fund, and any amounts deposited in it, including any interest earned thereon, shall be available to the Sec- retary subject to appropriations for the exclu- sive purpose of carrying out this subchapter. (b) Administration (1) In general The Secretary of the Treasury shall hold the Fund and, after consultation with the Sec- retary, annually report to the Congress on the financial condition and operations of the Fund during the preceding fiscal year. (2) Investments The Secretary of the Treasury shall invest amounts contained within the Fund in obliga- tions of the United States— (A) having maturities determined by the Secretary of the Treasury to be appropriate for what the Department determines to be the needs of the Fund; and (B) bearing interest at rates determined to be appropriate by the Secretary of the Treasury, taking into consideration the cur- rent average market yield on outstanding marketable obligations of the United States with remaining periods to maturity com- parable to these obligations. (Aug. 1, 1946, ch. 724, title II, § 1801, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2953.) § 2297g–1. Deposits (a) Amount The Fund shall consist of deposits in the amount of $518,233,333 per fiscal year (to be an- nually adjusted for inflation beginning on Octo- ber 24, 1992, using the Consumer Price Index for all-urban consumers published by the Depart- ment of Labor) as provided in this section. (b) Source Deposits described in subsection (a) shall be from the following sources: (1) Sums collected pursuant to subsection (c). (2) Appropriations made pursuant to sub- section (d). (c) Special assessment The Secretary shall collect a special assess- ment from domestic utilities. The total amount