42 U.S.C. § 2201 — General duties of Commission

Page 5483 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 1 See References in Text note below. mission who demonstrates a need therefor. If the court, at its discretion, deems that such li- censee shall pay a reasonable royalty to the owner of the patent, the reasonable royalty shall be determined in accordance with section 2187 of this title. (Aug. 1, 1946, ch. 724, title I, § 158, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947; amended Pub. L. 87–206, § 12, Sept. 6, 1961, 75 Stat. 478; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1961—Pub. L. 87–206 made it discretionary, rather than mandatory, for the court to require payment of royalties by a licensee to the owner of a patent. § 2189. Federally financed research Nothing in this chapter shall affect the right of the Commission to require that patents granted on inventions, made or conceived during the course of federally financed research or op- erations, be assigned to the United States. (Aug. 1, 1946, ch. 724, title I, § 159, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; 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. § 2190. Saving clause for prior patent applica- tions Any patent application on which a patent was denied by the United States Patent and Trade- mark Office under sections 1811(a)(1), 1811(a)(2), or 1811(b) 1 of this title, and which is not prohib- ited by section 2181 or 2185 of this title may be reinstated upon application to the Commis- sioner of Patents and Trademarks within one year after August 30, 1954 and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States. (Aug. 1, 1946, ch. 724, title I, § 160, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; amended Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT Sections 1811(a)(1), 1811(a)(2), and 1811(b) of this title, referred to in text, were omitted from the Code in the general amendment and renumbering of act Aug. 1, 1946 (which was classified to section 1801 et seq. of this title) by act Aug. 30, 1954, ch. 1073, 68 Stat. 919. Statutory Notes and Related Subsidiaries CHANGE OF NAME Patent Office and Commissioner of Patents changed to Patent and Trademark Office and Commissioner of Patents and Trademarks, respectively, pursuant to Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents. SUBCHAPTER XIII—GENERAL AUTHORITY OF COMMISSION § 2201. General duties of Commission In the performance of its functions the Com- mission is authorized to— (a) Establishment of advisory boards establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commis- sion issues regulations setting forth the scope, procedure, and limitations of the authority of each such board; (b) Standards governing use and possession of material establish by rule, regulation, or order, such standards and instructions to govern the pos- session and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desir- able to promote the common defense and secu- rity or to protect health or to minimize dan- ger to life or property; in addition, the Com- mission shall prescribe such regulations or or- ders as may be necessary or desirable to pro- mote the Nation’s common defense and secu- rity with regard to control, ownership, or pos- session of any equipment or device, or impor- tant component part especially designed for such equipment or device, capable of sepa- rating the isotopes of uranium or enriching uranium in the isotope 235; (c) Studies and investigations make such studies and investigations, ob- tain such information, and hold such meetings or hearings as the Commission may deem nec- essary or proper to assist it in exercising any authority provided in this chapter, or in the administration or enforcement of this chapter, or any regulations or orders issued thereunder. For such purposes the Commission is author- ized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce docu- ments, or both, at any designated place. Wit- nesses subpenaed under this subsection shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States; (d) Employment of personnel appoint and fix the compensation of such of- ficers and employees as may be necessary to carry out the functions of the Commission. Such officers and employees shall be appointed in accordance with the civil-service laws and Page 5484 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 1 So in original. their compensation fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, except that, to the extent the Commis- sion deems such action necessary to the dis- charge of its responsibilities, personnel may be employed and their compensation fixed without regard to such laws: Provided, however, That no officer or employee (except such offi- cers and employees whose compensation is fixed by law, and scientific and technical per- sonnel up to a limit of the highest rate of grade 18 of the General Schedule) whose posi- tion would be subject to chapter 51 and sub- chapter III of chapter 53 of title 5, if such pro- visions were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under such provisions for positions of equivalent difficulty or responsibility. Such rates of compensation may be adopted by the Commission as may be authorized by chapter 51 and subchapter III of chapter 53 of title 5, as of the same date such rates are authorized for positions subject to such provisions. The Com- mission shall make adequate provision for ad- ministrative review of any determination to dismiss any employee; (e) Acquisition of material, property, etc.; nego- tiation of commercial leases acquire such material, property, equipment, and facilities, establish or construct such buildings and facilities, and modify such build- ings and facilities from time to time, as it may deem necessary, and construct, acquire, provide, or arrange for such facilities and serv- ices (at project sites where such facilities and services are not available) for the housing, health, safety, welfare, and recreation of per- sonnel employed by the Commission as it may deem necessary, subject to the provisions of section 2224 of this title: Provided, however, That in the communities owned by the Com- mission, the Commission is authorized to grant privileges, leases and permits upon ad- justed terms which (at the time of the initial grant of any privilege grant, lease, or permit, or renewal thereof, or in order to avoid inequi- ties or undue hardship prior to the sale by the United States of property affected by such grant) are fair and reasonable to responsible persons to operate commercial businesses without advertising and without advertising 1 and without securing competitive bids, but taking into consideration, in addition to the price, and among other things (1) the quality and type of services required by the residents of the community, (2) the experience of each concession applicant in the community and its surrounding area, (3) the ability of the conces- sion applicant to meet the needs of the com- munity, and (4) the contribution the conces- sion applicant has made or will make to the other activities and general welfare of the community; (f) Utilization of other Federal agencies with the consent of the agency concerned, utilize or employ the services or personnel of any Government agency or any State or local government, or voluntary or uncompensated personnel, to perform such functions on its be- half as may appear desirable; (g) Acquisition of real and personal property acquire, purchase, lease, and hold real and personal property, including patents, as agent of and on behalf of the United States, subject to the provisions of section 2224 of this title, and to sell, lease, grant, and dispose of such real and personal property as provided in this chapter; (h) Consideration of license applications consider in a single application one or more of the activities for which a license is required by this chapter, combine in a single license one or more of such activities, and permit the applicant or licensee to incorporate by ref- erence pertinent information already filed with the Commission; (i) Regulations governing Restricted Data prescribe such regulations or orders as it may deem necessary (1) to protect Restricted Data received by any person in connection with any activity authorized pursuant to this chapter, (2) to guard against the loss or diver- sion of any special nuclear material acquired by any person pursuant to section 2073 of this title or produced by any person in connection with any activity authorized pursuant to this chapter, to prevent any use or disposition thereof which the Commission may determine to be inimical to the common defense and se- curity, including regulations or orders desig- nating activities, involving quantities of spe- cial nuclear material which in the opinion of the Commission are important to the common defense and security, that may be conducted only by persons whose character, associations, and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom the Commis- sion shall have determined that permitting each such person to conduct the activity will not be inimical to the common defense and se- curity, (3) to govern any activity authorized pursuant to this chapter, including standards and restrictions governing the design, loca- tion, and operation of facilities used in the conduct of such activity, in order to protect health and to minimize danger to life or prop- erty, and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 2133 or 2134(b) of this title, in- cluding standards and restrictions governing the control, maintenance, use, and disburse- ment by any former licensee under this chap- ter that has control over any fund for the de- commissioning of the facility; (j) Disposition of surplus materials without regard to the provisions of chapters 1 to 11 (except section 559) of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, or any other law, make such disposition as it may deem desirable of (1) radioactive mate- rials, and (2) any other property, the special disposition of which is, in the opinion of the Commission, in the interest of the national se- Page 5485 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 curity: Provided, however, That the property furnished to licensees in accordance with the provisions of subsection (m) shall not be deemed to be property disposed of by the Com- mission pursuant to this subsection; (k) Carrying of firearms; authority to make ar- rests without warrant authorize such of its members, officers, and employees as it deems necessary in the inter- est of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also au- thorize such of those employees of its contrac- tors and subcontractors (at any tier) engaged in the protection of property under the juris- diction of the United States located at facili- ties owned by or contracted to the United States or being transported to or from such fa- cilities as it deems necessary in the interests of the common defense and security to carry firearms while in the discharge of their offi- cial duties. A person authorized to carry fire- arms under this subsection may, while in the performance of, and in connection with, offi- cial duties, make arrests without warrant for any offense against the United States com- mitted in that person’s presence or for any fel- ony cognizable under the laws of the United States if that person has reasonable ground to believe that the individual to be arrested has committed or is committing such felony. An employee of a contractor or subcontractor au- thorized to carry firearms under this sub- section may make such arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense. A person granted authority to make arrests by this sub- section may exercise that authority only in the enforcement of (1) laws regarding the prop- erty of the United States in the custody of the Department of Energy, the Nuclear Regu- latory Commission, or a contractor of the De- partment of Energy or Nuclear Regulatory Commission, or (2) any provision of this chap- ter that may subject an offender to a fine, im- prisonment, or both. The arrest authority con- ferred by this subsection is in addition to any arrest authority under other laws. The Sec- retary, with the approval of the Attorney Gen- eral, shall issue guidelines to implement this subsection; (l) Repealed. Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78 (m) Agreements regarding production enter into agreements with persons licensed under section 2133, 2134, 2073(a)(4), or 2093(a)(4) of this title for such periods of time as the Commission may deem necessary or desirable (1) to provide for the processing, fabricating, separating, or refining in facilities owned by the Commission of source, byproduct, or other material or special nuclear material owned by or made available to such licensees and which is utilized or produced in the conduct of the li- censed activity, and (2) to sell, lease, or other- wise make available to such licensees such quantities of source or byproduct material, and other material not defined as special nu- clear material pursuant to this chapter, as may be necessary for the conduct of the li- censed activity: Provided, however, That any such agreement may be canceled by the li- censee at any time upon payment of such rea- sonable cancellation charges as may be agreed upon by the licensee and the Commission: And provided further, That the Commission shall es- tablish prices to be paid by licensees for mate- rial or services to be furnished by the Commis- sion pursuant to this subsection, which prices shall be established on such a nondiscrim- inatory basis as, in the opinion of the Commis- sion, will provide reasonable compensation to the Government for such material or services and will not discourage the development of sources of supply independent of the Commis- sion; (n) Delegation of functions delegate to the General Manager or other of- ficers of the Commission any of those func- tions assigned to it under this chapter except those specified in sections 2071, 2077(b) (with respect to enrichment and reprocessing of spe- cial nuclear material or with respect to trans- fers to any covered foreign country (as defined in section 2077a of this title)), 2091, 2138, 2153, 2165(b) of this title (with respect to the deter- mination of those persons to whom the Com- mission may reveal Restricted Data in the na- tional interest), 2165(f) of this title and sub- section (a) of this section; (o) Reports require by rule, regulation, or order, such re- ports, and the keeping of such records with re- spect to, and to provide for such inspections of, activities and studies of types specified in section 2051 of this title and of activities under licenses issued pursuant to sections 2073, 2093, 2111, 2133, and 2134 of this title, as may be nec- essary to effectuate the purposes of this chap- ter, including section 2135 of this title; and (p) Rules and regulations make, promulgate, issue, rescind, and amend such rules and regulations as may be nec- essary to carry out the purposes of this chap- ter. (q) Easements for rights-of-way The Commission is authorized and empow- ered, under such terms and conditions as are deemed advisable by it, to grant easements for rights-of-way over, across, in, and upon ac- quired lands under its jurisdiction and control, and public lands permanently withdrawn or reserved for the use of the Commission, to any State, political subdivision thereof, or munici- pality, or to any individual, partnership, or corporation of any State, Territory, or posses- sion of the United States, for (a) railroad tracks; (b) oil pipe lines; (c) substations for electric power transmission lines, telephone lines, and telegraph lines, and pumping sta- tions for gas, water, sewer, and oil pipe lines; (d) canals; (e) ditches; (f) flumes; (g) tunnels; (h) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other fish-cultural improvements; (i) roads and streets; and (j) for any other purpose or purposes deemed advisable by the Commission: Page 5486 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 Provided, That such rights-of-way shall be granted only upon a finding by the Commis- sion that the same will not be incompatible with the public interest: Provided further, That such rights-of-way shall not include any more land than is reasonably necessary for the pur- pose for which granted: And provided further, That all or any part of such rights-of-way may be annulled and forfeited by the Commission for failure to comply with the terms and con- ditions of any grant hereunder or for nonuse for a period of two consecutive years or aban- donment of rights granted under authority hereof. Copies of all instruments granting easements over public lands pursuant to this section shall be furnished to the Secretary of the Interior. (r) Sale of utilities and related services Under such regulations and for such periods and at such prices the Commission may pre- scribe, the Commission may sell or contract to sell to purchasers within Commission-owned communities or in the immediate vicinity of the Commission community, as the case may be, any of the following utilities and related services, if it is determined that they are not available from another local source and that the sale is in the interest of the national de- fense or in the public interest: (1) Electric power. (2) Steam. (3) Compressed air. (4) Water. (5) Sewage and garbage disposal. (6) Natural, manufactured, or mixed gas. (7) Ice. (8) Mechanical refrigeration. (9) Telephone service. Proceeds of sales under this subsection shall be credited to the appropriation currently available for the supply of that utility or serv- ice. To meet local needs the Commission may make minor expansions and extensions of any distributing system or facility within or in the immediate vicinity of a Commission-owned community through which a utility or service is furnished under this subsection. (s) Succession of authority establish a plan for a succession of authority which will assure the continuity of direction of the Commission’s operations in the event of a national disaster due to enemy activity. Notwithstanding any other provision of this chapter, the person or persons succeeding to command in the event of disaster in accord- ance with the plan established pursuant to this subsection shall be vested with all of the authority of the Commission: Provided, That any such succession to authority, and vesting of authority shall be effective only in the event and as long as a quorum of three or more members of the Commission is unable to convene and exercise direction during the dis- aster period: Provided further, That the dis- aster period includes the period when attack on the United States is imminent and the post-attack period necessary to reestablish normal lines of command; (t) Contracts enter into contracts for the processing, fab- ricating, separating, or refining in facilities owned by the Commission of source, byproduct or other material, or special nuclear material, in accordance with and within the period of an agreement for cooperation while comparable services are available to persons licensed under section 2133 or 2134 of this title: Pro- vided, That the prices for services under such contracts shall be no less than the prices cur- rently charged by the Commission pursuant to subsection (m); (u) Additional contracts; guiding principles; appropriations (1) enter into contracts for such periods of time as the Commission may deem necessary or desirable, but not to exceed five years from the date of execution of the contract, for the purchase or acquisition of reactor services or services related to or required by the oper- ation of reactors; (2)(A) enter into contracts for such periods of time as the Commission may deem nec- essary or desirable for the purchase or acquisi- tion of any supplies, equipment, materials, or services required by the Commission whenever the Commission determines that: (i) it is ad- vantageous to the Government to make such purchase or acquisition from commercial sources; (ii) the furnishing of such supplies, equipment, materials, or services will require the construction or acquisition of special fa- cilities by the vendors or suppliers thereof; (iii) the amortization chargeable to the Com- mission constitutes an appreciable portion of the cost of contract performance, excluding cost of materials; and (iv) the contract for such period is more advantageous to the Gov- ernment than a similar contract not executed under the authority of this subsection. Such contracts shall be entered into for periods not to exceed five years each from the date of ini- tial delivery of such supplies, equipment, ma- terials, or services or ten years from the date of execution of the contracts excluding periods of renewal under option. (B) In entering into such contracts the Com- mission shall be guided by the following prin- ciples: (i) the percentage of the total cost of special facilities devoted to contract perform- ance and chargeable to the Commission should not exceed the ratio between the period of con- tract deliveries and the anticipated useful life of such special facilities; (ii) the desirability of obtaining options to renew the contract for reasonable periods at prices not to include charges for special facilities already amor- tized; and (iii) the desirability of reserving in the Commission the right to take title to the special facilities under appropriate cir- cumstances; and (3) include in contracts made under this sub- section provisions which limit the obligation of funds to estimated annual deliveries and services and the unamortized balance of such amounts due for special facilities as the par- ties shall agree is chargeable to the perform- ance of the contract. Any appropriation avail- able at the time of termination or thereafter made available to the Commission for oper- ating expenses shall be available for payment of such costs which may arise from termi- Page 5487 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 2 See References in Text note below. nation as the contract may provide. The term ‘‘special facilities’’ as used in this subsection means any land and any depreciable buildings, structures, utilities, machinery, equipment, and fixtures necessary for the production or furnishing of such supplies, equipment, mate- rials, or services and not available to the ven- dors or suppliers for the performance of the contract. (v) Support of United States Enrichment Cor- poration provide services in support of the United States Enrichment Corporation, except that the Secretary of Energy shall annually collect payments and other charges from the Corpora- tion sufficient to ensure recovery of the costs (excluding depreciation and imputed interest on original plant investments in the Depart- ment’s gaseous diffusion plants and costs under section 2297c–2(d) 2 of this title) incurred by the Department of Energy after October 24, 1992, in performing such services; (w) License fees for nuclear power reactors prescribe and collect from any other Govern- ment agency, which applies to the Commission for, or is issued by the Commission, a license or certificate, any fee, charge, or price which it may require, in accordance with the provi- sions of section 9701 of title 31 or any other law. (x) Standards and instructions for bonding, surety, or other financial arrangements, in- cluding performance bonds Establish by rule, regulation, or order, after public notice, and in accordance with the re- quirements of section 2231 of this title, such standards and instructions as the Commission may deem necessary or desirable to ensure— (1) that an adequate bond, surety, or other financial arrangement (as determined by the Commission) will be provided, before termi- nation of any license for byproduct material as defined in section 2014(e)(2) of this title, by a licensee to permit the completion of all requirements established by the Commission for the decontamination, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with byprod- uct material as so defined, and (2) that— (A) in the case of any such license issued or renewed after November 8, 1978, the need for long-term maintenance and moni- toring of such sites, structures and equip- ment after termination of such license will be minimized and, to the maximum extent practicable, eliminated; and (B) in the case of each license for such material (whether in effect on November 8, 1978, or issued or renewed thereafter), if the Commission determines that any such long-term maintenance and monitoring is necessary, the licensee, before termination of any license for byproduct material as defined in section 2014(e)(2) of this title, will make available such bonding, surety, or other financial arrangements as may be necessary to assure such long-term main- tenance and monitoring. Such standards and instructions promulgated by the Commission pursuant to this sub- section shall take into account, as determined by the Commission, so as to avoid unnecessary duplication and expense, performance bonds or other financial arrangements which are re- quired by other Federal agencies or State agencies and/or other local governing bodies for such decommissioning, decontamination, and reclamation and long-term maintenance and monitoring except that nothing in this paragraph shall be construed to require that the Commission accept such bonds or arrange- ments if the Commission determines that such bonds or arrangements are not adequate to carry out subparagraphs (1) and (2) of this sub- section. (Aug. 1, 1946, ch. 724, title I, § 161, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; amended July 14, 1956, ch. 608, 70 Stat. 553; Aug. 6, 1956, ch. 1015, § 4, 70 Stat. 1069; Pub. L. 85–162, title II, §§ 201, 204, Aug. 21, 1957, 71 Stat. 410; Pub. L. 85–287, § 4, Sept. 4, 1957, 71 Stat. 613; Pub. L. 85–507, § 21(b)(1), July 7, 1958, 72 Stat. 337; Pub. L. 85–681, §§ 6, 7, Aug. 19, 1958, 72 Stat. 633; Pub. L. 86–300, § 1, Sept. 21, 1959, 73 Stat. 574; Pub. L. 87–206, § 13, Sept. 6, 1961, 75 Stat. 478; Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78; Pub. L. 87–615, § 12, Aug. 29, 1962, 76 Stat. 411; Pub. L. 87–793, title VI, § 1001(g), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–489, § 16, Aug. 26, 1964, 78 Stat. 606; Pub. L. 90–190, § 11, Dec. 14, 1967, 81 Stat. 578; Pub. L. 91–452, title II, § 237, Oct. 15, 1970, 84 Stat. 930; Pub. L. 91–560, §§ 7, 8, Dec. 19, 1970, 84 Stat. 1474; Pub. L. 92–314, title III, § 301, June 16, 1972, 86 Stat. 227; Pub. L. 93–377, § 7, Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–604, title II, § 203, Nov. 8, 1978, 92 Stat. 3036; Pub. L. 97–90, title II, § 211, Dec. 4, 1981, 95 Stat. 1170; Pub. L. 99–661, div. C, title I, § 3134, Nov. 14, 1986, 100 Stat. 4064; Pub. L. 100–449, title III, § 305(b), Sept. 28, 1988, 102 Stat. 1876; Pub. L. 101–575, § 5(b), Nov. 15, 1990, 104 Stat. 2835; renumbered title I and amended Pub. L. 102–486, title IX, § 902(a)(4), (5), (8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, §§ 623, 626, Aug. 8, 2005, 119 Stat. 783, 784; Pub. L. 115–232, div. C, title XXXI, § 3116(a), Aug. 13, 2018, 132 Stat. 2291; Pub. L. 117–263, div. C, title XXXI, § 3131(c), Dec. 23, 2022, 136 Stat. 3059.) AMENDMENT OF SECTION For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Ter- mination Dates of 1988 Amendment note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c), (g) to (i), (m) to (p), and (s), 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 principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Section 2297c–2 of this title, referred to in subsec. (v), was repealed by Pub. L. 104–134, title III, § 3116(a)(1), Apr. 26, 1996, 110 Stat. 1321–349. Page 5488 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 CODIFICATION In subsec. (d), ‘‘chapter 51 and subchapter III of chap- ter 53 of title 5’’ and ‘‘such provisions’’ substituted for ‘‘the Classification Act of 1949, as amended’’ and ‘‘such Act’’, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. In subsec. (j), ‘‘chapters 1 to 11 (except section 559) of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administra- tive Services Act of 1949, as amended, except section 207 of that Act’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Pub- lic Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (x)(2)(B), ‘‘November 8, 1978’’ was in the original ‘‘the date of the enactment of this section’’, which has been translated as the date of the enactment of this subsection to reflect the probable intent of Con- gress. PRIOR PROVISIONS Provisions similar to this section were contained in section 1812(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2022—Subsec. (n). Pub. L. 117–263 substituted ‘‘section 2077a of this title’’ for ‘‘section 2077a(i) of this title’’. 2018—Subsec. (n). Pub. L. 115–232 substituted ‘‘2077(b) (with respect to enrichment and reprocessing of special nuclear material or with respect to transfers to any covered foreign country (as defined in section 2077a(i) of this title)),’’ for ‘‘2077(b),’’. 2005—Subsec. (i)(4). Pub. L. 109–58, § 626, added cl. (4). Subsec. (w). Pub. L. 109–58, § 623, substituted ‘‘to the Commission for, or is issued by the Commission, a li- cense or certificate’’ for ‘‘for or is issued a license for a utilization facility designed to produce electrical or heat energy pursuant to section 2133 or 2134(b) of this title, or which operates any facility regulated or cer- tified under section 2297f or 2297f–1 of this title’’ and ‘‘section 9701’’ for ‘‘section 483a’’ and struck out ‘‘, of applicants for, or holders of, such licenses or certifi- cates’’ before period at end. 1992—Subsec. (v). Pub. L. 102–486, § 902(a)(4), amended subsec. (v) generally, substituting provisions relating to duty to provide services in support of United States Energy Enrichment Corporation for provisions relating to duty to enter into contracts for production or en- richment of special nuclear material. Subsec. (w). Pub. L. 102–486, § 902(a)(5), inserted ‘‘or which operates any facility regulated or certified under section 2297f or 2297f–1 of this title,’’ after ‘‘2134(b) of this title,’’ and ‘‘or certificates’’ after ‘‘holders of, such licenses’’. 1990—Subsec. (b). Pub. L. 101–575, which directed amendment of subsec. (b) by striking the period at the end and inserting ‘‘; in addition, the Commission shall prescribe such regulations or orders as may be nec- essary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235;’’, was executed by striking the semicolon at end of subsec. (b) and making insertion to reflect probable intent of Con- gress. 1988—Subsec. (v). Pub. L. 100–449 temporarily inserted in closing provisions ‘‘For purposes of this subsection and of section 305 of Public Law 99–591 (100 Stat. 3341–209, 210), ‘foreign origin’ excludes source or special nuclear material originating in Canada.’’ See Effective and Termination Dates of 1988 Amendment note below. 1986—Subsec. (k). Pub. L. 99–661 inserted ‘‘and sub- contractors (at any tier)’’ after ‘‘employees of its con- tractors’’, substituted ‘‘under the jurisdiction of the United States’’ for ‘‘owned by the United States and’’, inserted ‘‘or being transported to or from such facili- ties’’ after ‘‘contracted to the United States’’, inserted after third sentence ‘‘An employee of a contractor or subcontractor authorized to carry firearms under this subsection may make such arrests only when the indi- vidual to be arrested is within, or in direct flight from, the area of such offense.’’, and inserted before the semi- colon at end ‘‘. The Secretary, with the approval of the Attorney General, shall issue guidelines to implement this subsection’’. 1981—Subsec. (k). Pub. L. 97–90 inserted provision that a person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, make arrests without warrant for any offense against the United States com- mitted in that person’s presence or for any felony cog- nizable under the laws of the United States if that per- son has reasonable grounds to believe that the indi- vidual to be arrested has committed or is committing such felony, that a person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of (1) laws regarding the prop- erty of the United States in the custody of the Depart- ment of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission, or (2) any provision of this chapter that may subject an offender to a fine, impris- onment, or both, and that the arrest authority con- ferred by this subsection is in addition to any arrest authority under other laws. 1978—Subsec. (x). Pub. L. 95–604 added subsec. (x). 1974—Subsec. (i). Pub. L. 93–377 inserted provision in cl. (2) relating to regulations or orders designating ac- tivities, involving quantities of special nuclear mate- rial important to the common defense and security, that may be conducted by persons whose character, etc., have been established so that if they are permitted to conduct such activities it would not be inimical to the common defense and security. 1972—Subsec. (w). Pub. L. 92–314 added subsec. (w). 1970—Subsec. (c). Pub. L. 91–452 struck out provisions that no person be excused from complying with any re- quirements under this paragraph because of his privi- lege against self-incrimination, but that the immunity provisions of the Compulsory Testimony Act of Feb. 11, 1893, apply with respect to any individual who specifi- cally claims such privilege. Subsec. (n). Pub. L. 91–560, § 7, struck out references to section 2132 of this title and the finding of practical value. Subsec. (v). Pub. L. 91–560, § 8, substituted provisions for the establishment of prices on a basis of recovery of the Government’s costs over a reasonable period of time for provisions for the establishment of prices on a basis which will provide reasonable compensation to the Government. 1967—Subsec. (n). Pub. L. 90–190 substituted ‘‘2077(b)’’ for ‘‘2077(a)(3)’’. 1964—Subsec. (v). Pub. L. 88–489 added subsec. (v). 1962—Subsec. (d). Pub. L. 87–793 substituted ‘‘up to a limit of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended’’ for ‘‘up to a limit of $19,000’’. Subsec. (l). Pub. L. 87–456 repealed subsec. (l) which authorized the admittance free of duty into the United States of purchases made abroad of source materials. Subsec. (n). Pub. L. 87–615 substituted ‘‘2165(f) of this title’’ for ‘‘2165(e) of this title’’. 1961—Subsecs. (s) to (v). Pub. L. 87–206 redesignated subsecs. (t) to (v) as (s) to (u), respectively. 1959—Subsec. (m). Pub. L. 86–300 inserted references to sections 2073(a)(4) and 2093(a)(4) of this title. 1958—Subsec. (d). Pub. L. 85–681, § 6, authorized the Commission to adopt compensation rates on a retro- active basis as may be authorized by the Classification Act for other Government employees. Page 5489 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 Subsecs. (n) to (s). Pub. L. 85–507 redesignated sub- secs. (o) to (s) as (n) to (r), respectively. Former subsec. (n), which authorized the Commission to assign em- ployees for instruction, education, or training by public or private agencies, institutions of learning, labora- tories, or industrial or commercial organizations, was repealed by Pub. L. 85–507, see section 4101 et seq. of Title 5, Government Organizations and Employees. Subsecs. (t) to (v). Pub. L. 85–681, § 7, added subsecs. (t) to (v). 1957—Subsec. (d). Pub. L. 85–287 inserted ‘‘up to a limit of $19,000’’ after ‘‘scientific and technical per- sonnel’’. Subsec. (e). Pub. L. 85–162, § 201, inserted ‘‘(at the time of the initial grant of any privilege grant, lease, or per- mit, or renewal thereof, or in order to avoid inequities or undue hardship prior to the sale by the United States of property affected by such grant)’’ after ‘‘ad- justed terms which’’. Subsec. (s). Pub. L. 85–162, § 204, added subsec. (s). 1956—Subsec. (e). Act July 14, 1956, inserted proviso relating to negotiation of commercial leases without advertising by the Commission. Subsec. (r). Act Aug. 6, 1956, added subsec. (r). Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement en- ters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1962 AMENDMENTS Amendment by Pub. L. 87–793 effective on first day of first pay period which begins on or after Oct. 11, 1962, see Pub. L. 87–793, title VI, § 1008, Oct. 11, 1962, 76 Stat. 868. Repeal of subsec. (l) effective with respect to articles entered, or withdrawn from warehouse, for consump- tion on or after Aug. 31, 1963, see Pub. L. 87–456, title V, § 501(a), May 24, 1962, 76 Stat. 78. EFFECTIVE DATE OF 1958 AMENDMENT For effective date of amendment by Pub. L. 85–507, see Pub. L. 85–507, § 21(a), July 7, 1958, 72 Stat. 337. REFERENCES TO UNITED STATES ENRICHMENT CORPORATION References to the United States Enrichment Corpora- tion deemed, as of the privatization 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. MISSION ALIGNMENT Pub. L. 118–67, div. B, title V, § 501, July 9, 2024, 138 Stat. 1471, provided that: ‘‘(a) UPDATE.—Not later than 1 year after the date of enactment of this Act [July 9, 2024], the [Nuclear Regu- latory] Commission shall, while remaining consistent with the policies of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) (including to provide rea- sonable assurance of adequate protection of the public health and safety, to promote the common defense and security, and to protect the environment), update the mission statement of the Commission to include that licensing and regulation of the civilian use of radio- active materials and nuclear energy be conducted in a manner that is efficient and does not unnecessarily limit— ‘‘(1) the civilian use of radioactive materials and deployment of nuclear energy; or ‘‘(2) the benefits of civilian use of radioactive mate- rials and nuclear energy technology to society. ‘‘(b) REPORT.—On completion of the update to the mission statement required under subsection (a), the Commission shall submit to the appropriate commit- tees of Congress [Committee on Energy and Commerce of the House of Representatives and Committee on En- vironment and Public Works of the Senate] a report that describes— ‘‘(1) the updated mission statement; and ‘‘(2) the guidance that the Commission will provide to staff of the Commission to ensure effective per- formance of the mission of the Commission.’’ ORGANIZATIONAL CONFLICTS OF INTEREST Pub. L. 95–209, § 7, Dec. 13, 1977, 91 Stat. 1483, provided that the Commission would, by Dec. 31, 1977, promul- gate guidelines to be applied by the Commission to de- termine whether an organization proposing to enter into a contractual arrangement with the Commission had a conflict of interest that could impair the contrac- tor’s judgment or give the contractor an unfair com- petitive advantage. APPLICABILITY TO FUNCTIONS TRANSFERRED BY DEPARTMENT OF ENERGY ORGANIZATION ACT Pub. L. 95–91, title VII, § 709(c)(2), Aug. 4, 1977, 91 Stat. 608, provided that: ‘‘Section 161(d) of the Atomic En- ergy Act of 1954 [subsec. (d) of this section] shall not apply to functions transferred by this Act [see Short Title note set out under section 7101 of this title].’’ TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es- tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac- tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du- ration is otherwise provided by law. Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appro- priate action prior to the expiration of such 2-year pe- riod, or in the case of a board established by the Con- gress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. PRINCIPAL OFFICE BUILDING FOR ATOMIC ENERGY COMMISSION Act May 6, 1955, ch. 34, 69 Stat. 47, as amended by Pub. L. 85–107, July 17, 1957, 71 Stat. 307, authorized Atomic Energy Commission to acquire a suitable site in or near District of Columbia and, notwithstanding any other provision of law, to provide for construction on such site, in accordance with plans and specifica- tions prepared by or under direction of Commission, of a modern office building to serve as principal office of Commission at a total cost of not to exceed $13,300,000 Page 5490 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201a 1 See References in Text note below. 1 So in original. Probably should be capitalized. and authorized to be appropriated such sums as were necessary. REPORT WITH RESPECT TO RENEGOTIATIONS, REAPPRAISALS, AND SALES PROCEEDINGS Pub. L. 85–162, title II, § 203, Aug. 21, 1957, 71 Stat. 410, directed Atomic Energy Commission, Federal Housing Administration, and Housing and Home Finance Agen- cy to report to Joint Committee by Jan. 31, 1958, with respect to renegotiations, reappraisals, and sales pro- ceedings authorized under sections 201 and 202 of Pub. L. 85–162 [amending subsec. (e) of this section and en- acting section 2325(c) of this title]. Executive Documents EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Members of the Nuclear Regulatory Com- mission, see Parts 1, 2, and 21 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of this title. § 2201a. Use of firearms by security personnel (a) Definitions In this section, the terms ‘‘handgun’’, ‘‘rifle’’, ‘‘shotgun’’, ‘‘firearm’’, ‘‘ammunition’’, ‘‘ma- chinegun’’, ‘‘short-barreled shotgun’’, and ‘‘short-barreled rifle’’ have the meanings given the terms in section 921(a) of title 18. (b) Authorization Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18, sec- tion 925(d)(3) of title 18, section 5844 of title 26, and any law (including regulations) of a State or a political subdivision of a State that prohibits the transfer, receipt, possession, transportation, importation, or use of a handgun, a rifle, a shot- gun, a short-barreled shotgun, a short-barreled rifle, a machinegun, a semiautomatic assault weapon, ammunition for any such gun or weap- on, or a large capacity ammunition feeding de- vice, in carrying out the duties of the Commis- sion, the Commission may authorize the secu- rity personnel of any licensee or certificate holder of the Commission (including an em- ployee of a contractor of such a licensee or cer- tificate holder) to transfer, receive, possess, transport, import, and use 1 or more such guns, weapons, ammunition, or devices, if the Com- mission determines that— (1) the authorization is necessary to the dis- charge of the official duties of the security personnel; and (2) the security personnel— (A) are not otherwise prohibited from pos- sessing or receiving a firearm under Federal or State laws relating to possession of fire- arms by a certain category of persons; (B) have successfully completed any re- quirement under this section for training in the use of firearms and tactical maneuvers; (C) are engaged in the protection of— (i) a facility owned or operated by a li- censee or certificate holder of the Commis- sion that is designated by the Commission; or (ii) radioactive material or other prop- erty owned or possessed by a licensee or certificate holder of the Commission, or that is being transported to or from a fa- cility owned or operated by such a licensee or certificate holder, and that has been de- termined by the Commission to be of sig- nificance to the common defense and secu- rity or public health and safety; and (D) are discharging the official duties of the security personnel in transferring, re- ceiving, possessing, transporting, or import- ing the weapons, ammunition, or devices. (c) Background checks A person that receives, possesses, transports, imports, or uses a weapon, ammunition, or a de- vice under subsection (b) shall be subject to a background check by the Attorney General, based on fingerprints and including a back- ground check under section 103(b) of the Brady Handgun Violence Prevention Act (Public Law 103–159; 18 U.S.C. 922 note) 1 to determine wheth- er the person is prohibited from possessing or re- ceiving a firearm under Federal or State law. (d) Effective date This section takes effect on the date on which guidelines are issued by the Commission, with the approval of the Attorney General, to carry out this section. (Aug. 1, 1946, ch. 724, title I, § 161A, as added Pub. L. 109–58, title VI, § 653, Aug. 8, 2005, 119 Stat. 811.) Editorial Notes REFERENCES IN TEXT Section 103 of the Brady Handgun Violence Preven- tion Act, referred to in subsec. (c), is section 103 of Pub. L. 103–159, which was classified as a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification as section 40901 of Title 34, Crime Control and Law Enforcement. Guidelines to carry out this section, referred to in subsec. (d), were issued effective Sept. 11, 2009, see 74 F.R. 46800. § 2201b. Commission workforce (a) Direct hire authority (1) In general Notwithstanding section 2201(d) of this title and any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.),1 and without regard to any provision of title 5 (ex- cept section 3328) governing appointments in the civil service, the Chairman of the Nuclear Regulatory Commission (in this section re- ferred to as the ‘‘Chairman’’) may, in order to carry out the Nuclear Regulatory Commis- sion’s (in this section referred to as the ‘‘Com- mission’’) responsibilities and activities in a timely, efficient, and effective manner and subject to the limitations described in para- graphs (2), (3), and (4)— (A) recruit and directly appoint exception- ally well-qualified individuals into the ex- cepted service for covered positions; and (B) establish in the excepted service term- limited covered positions and recruit and di- rectly appoint exceptionally well-qualified individuals into such term-limited covered