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 PROCEDURE § 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: Pro- vided, however, That in the case of agency pro- ceedings or actions which involve Restricted Data, defense information, safeguards informa- tion protected from disclosure under the author- ity of section 2167 of this title or information protected from dissemination under the author- ity of section 2168 of this title, the Commission shall provide by regulation for such parallel pro- cedures as will effectively safeguard and prevent disclosure of Restricted Data, defense informa- tion, such safeguards information, or informa- tion protected from dissemination under the au- thority of section 2168 of this title to unauthor- ized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safe- guards information, or information protected from dissemination under the authority of sec- tion 2168 of this title were not involved. (b) Efficient licensing reviews The Commission shall provide for efficient and timely reviews and proceedings for the granting, suspending, revoking, or amending of any— (1) license or construction permit; or (2) application to transfer control. (Aug. 1, 1946, ch. 724, title I, § 181, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953; amended Pub. L. 96–295, title II, § 207(b), June 30, 1980, 94 Stat. 789; Pub. L. 97–90, title II, § 210(b), Dec. 4, 1981, 95 Stat. 1170; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 118–67, div. B, title V, § 505(b), July 9, 2024, 138 Stat. 1478.) 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. CODIFICATION ‘‘Subchapter II of chapter 5, and chapter 7, of title 5’’ substituted in subsec. (a) for the first reference to the Administrative Procedure Act on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. ‘‘Section 551 of title 5’’ substituted for the second reference to the Administrative Procedure Act to reflect the codification of the definitions of ‘‘agen- cy’’ and ‘‘agency action’’ in that section. Prior to the enactment of Title 5, the Administrative Procedure Act was classified to sections 1001 to 1011 of Title 5. PRIOR PROVISIONS Provisions similar to subsec. (a) of this section were contained in section 1814(a), (c) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2024—Pub. L. 118–67 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1981—Pub. L. 97–90, in proviso, substituted ‘‘involve Restricted Data, defense information, safeguards infor- mation protected from disclosure under the authority of section 2167 of this title or information protected from dissemination under the authority of section 2168 of this title, the Commission shall provide by regula- tion 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 to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, de- fense information, such safeguards information, or in- formation protected from dissemination under the au- thority of section 2168 of this title were not involved’’ for ‘‘involve Restricted Data, defense information, or safeguards information protected from disclosure under the authority of section 2167 of this title, the Commis- sion shall provide by regulation for such parallel proce- dures as will effectively safeguard and prevent disclo- sure of Restricted Data, defense information, or such safeguards information, to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense informa- tion, or such safeguards information, were not in- volved’’. 1980—Pub. L. 96–295 inserted references and made pro- visions applicable to safeguards information. Page 5527 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2232 § 2232. License applications (a) Contents and form Each application for a license hereunder shall be in writing and shall specifically state such in- formation as the Commission, by rule or regula- tion, may determine to be necessary to decide such of the technical and financial qualifica- tions of the applicant, the character of the ap- plicant, the citizenship of the applicant, or any other qualifications of the applicant as the Com- mission may deem appropriate for the license. In connection with applications for licenses to operate production or utilization facilities, the applicant shall state such technical specifica- tions, including information of the amount, kind, and source of special nuclear material re- quired, the place of the use, the specific charac- teristics of the facility, and such other informa- tion as the Commission may, by rule or regula- tion, deem necessary in order to enable it to find that the utilization or production of special nu- clear material will be in accord with the com- mon defense and security and will provide ade- quate protection to the health and safety of the public. Such technical specifications shall be a part of any license issued. The Commission may at any time after the filing of the original appli- cation, and before the expiration of the license, require further written statements in order to enable the Commission to determine whether the application should be granted or denied or whether a license should be modified or revoked. All applications and statements shall be signed by the applicant or licensee. Applications for, and statements made in connection with, li- censes under sections 2133 and 2134 of this title shall be made under oath or affirmation. The Commission may require any other applications or statements to be made under oath or affirma- tion. (b) Review of applications by Advisory Com- mittee on Reactor Safeguards; report The Advisory Committee on Reactor Safe- guards shall review each application under sec- tion 2133 or section 2134(b) of this title for a con- struction permit or an operating license for a fa- cility, any application under section 2134(c) of this title for a construction permit or an oper- ating license for a testing facility, any applica- tion under subsection (a) or (c) of section 2134 of this title specifically referred to it by the Com- mission, and any application for an amendment to a construction permit or an amendment to an operating license under section 2133 or 2134(a), (b), or (c) of this title specifically referred to it by the Commission, and shall submit a report thereon which shall be made part of the record of the application and available to the public ex- cept to the extent that security classification prevents disclosure. (c) Commercial power; publication The Commission shall not issue any license under section 2133 of this title for a utilization or production facility for the generation of com- mercial power until it has given notice in writ- ing to such regulatory agency as may have juris- diction over the rates and services incident to the proposed activity; until it has published no- tice of the application in such trade or news publications as the Commission deems appro- priate to give reasonable notice to municipali- ties, private utilities, public bodies, and co- operatives which might have a potential inter- est in such utilization or production facility; and until it has published notice of such applica- tion once each week for four consecutive weeks in the Federal Register, and until four weeks after the last notice. (d) Preferred consideration The Commission, in issuing any license for a utilization or production facility for the genera- tion of commercial power under section 2133 of this title, shall give preferred consideration to applications for such facilities which will be lo- cated in high cost power areas in the United States if there are conflicting applications for a limited opportunity for such license. Where such conflicting applications resulting from limited opportunity for such license include those sub- mitted by public or cooperative bodies such ap- plications shall be given preferred consider- ation. (Aug. 1, 1946, ch. 724, title I, § 182, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953; amended Aug. 6, 1956, ch. 1015, § 5, 70 Stat. 1069; Pub. L. 85–256, § 6, Sept. 2, 1957, 71 Stat. 579; Pub. L. 87–615, § 3, Aug. 29, 1962, 76 Stat. 409; Pub. L. 91–560, § 9, Dec. 19, 1970, 84 Stat. 1474; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1970—Subsec. (c). Pub. L. 91–560 substituted provisions requiring notification by publication giving reasonable notice to municipalities, private utilities, public bod- ies, and cooperatives which might have a potential in- terest in such utilization or production facility, for provisions requiring notice in writing to municipali- ties, private utilities, public bodies and cooperatives within transmission distance authorized to engage in the distribution of electric energy. 1962—Subsec. (b). Pub. L. 87–615 substituted provi- sions requiring review of applications under section 2133 or 2134(b) of this title for a construction permit or an operating license for a facility, or under section 2134(c) of this title for a testing facility, for provisions which required review of license applications for such facilities, and inserted provisions requiring review of any application for an amendment to a construction permit or operating license under section 2133 or 2134(a), (b), or (c) of this title specifically referred to it by the Commission. 1957—Subsecs. (b) to (d). Pub. L. 85–256 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1956—Subsec. (a). Act Aug. 6, 1956, struck out ‘‘under oath or affirmation’’ from last sentence, and inserted two sentences at end requiring applications and state- ments in connection with sections 2133 and 2134 to be made under oath or affirmation and authorizing Com- mission to require any other applications or state- ments to be made under oath or affirmation. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by