Browse Arkansas Code titles and sections
42 U.S.C. § 2014 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
Page 5363
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2014
materials; military application of atomic energy; li-
cense requirements for utilization of atomic energy, re-
ports to Congress, and issuance of licenses; force and ef-
fect of international agreements; property of Commis-
sion and its exempt status from taxation; and control
of information, were classified to sections 1804 to 1810,
respectively, of this title, prior to the general amend-
ment of act Aug. 1, 1946, by act Aug. 30, 1954. Section
numbers 4 to 10 were not repeated in the general
amendment of act Aug. 1, 1946.
AMENDMENTS
1964—Subsec. (c). Pub. L. 88–489 inserted ‘‘whether
owned by the Government or others’’ and ‘‘and to pro-
vide continued assurance of the Government’s ability
to enter into and enforce agreements with nations or
groups of nations for the control of special nuclear ma-
terials and atomic weapons’’.
§ 2014. Definitions
The intent of Congress in the definitions as
given in this section should be construed from
the words or phrases used in the definitions. As
used in this chapter:
(a) The term ‘‘agency of the United States’’
means the executive branch of the United
States, or any Government agency, or the legis-
lative branch of the United States, or any agen-
cy, committee, commission, office, or other es-
tablishment in the legislative branch, or the ju-
dicial branch of the United States, or any office,
agency, committee, commission, or other estab-
lishment in the judicial branch.
(b) The term ‘‘agreement for cooperation’’
means any agreement with another nation or re-
gional defense organization authorized or per-
mitted by sections 2074, 2077, 2094, 2112, 2121(c),
2133, 2134, or 2164 of this title, and made pursu-
ant to section 2153 of this title.
(c) The term
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Page 5363
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2014
materials; military application of atomic energy; li-
cense requirements for utilization of atomic energy, re-
ports to Congress, and issuance of licenses; force and ef-
fect of international agreements; property of Commis-
sion and its exempt status from taxation; and control
of information, were classified to sections 1804 to 1810,
respectively, of this title, prior to the general amend-
ment of act Aug. 1, 1946, by act Aug. 30, 1954. Section
numbers 4 to 10 were not repeated in the general
amendment of act Aug. 1, 1946.
AMENDMENTS
1964—Subsec. (c). Pub. L. 88–489 inserted ‘‘whether
owned by the Government or others’’ and ‘‘and to pro-
vide continued assurance of the Government’s ability
to enter into and enforce agreements with nations or
groups of nations for the control of special nuclear ma-
terials and atomic weapons’’.
§ 2014. Definitions
The intent of Congress in the definitions as
given in this section should be construed from
the words or phrases used in the definitions. As
used in this chapter:
(a) The term ‘‘agency of the United States’’
means the executive branch of the United
States, or any Government agency, or the legis-
lative branch of the United States, or any agen-
cy, committee, commission, office, or other es-
tablishment in the legislative branch, or the ju-
dicial branch of the United States, or any office,
agency, committee, commission, or other estab-
lishment in the judicial branch.
(b) The term ‘‘agreement for cooperation’’
means any agreement with another nation or re-
gional defense organization authorized or per-
mitted by sections 2074, 2077, 2094, 2112, 2121(c),
2133, 2134, or 2164 of this title, and made pursu-
ant to section 2153 of this title.
(c) The term ‘‘atomic energy’’ means all forms
of energy released in the course of nuclear fis-
sion or nuclear transformation.
(d) The term ‘‘atomic weapon’’ means any de-
vice utilizing atomic energy, exclusive of the
means for transporting or propelling the device
(where such means is a separable and divisible
part of the device), the principal purpose of
which is for use as, or for development of, a
weapon, a weapon prototype, or a weapon test
device.
(e) The term ‘‘byproduct material’’ means—
(1) any radioactive material (except special
nuclear material) yielded in or made radio-
active by exposure to the radiation incident to
the process of producing or utilizing special
nuclear material;
(2) the tailings or wastes produced by the ex-
traction or concentration of uranium or tho-
rium from any ore processed primarily for its
source material content;
(3)(A) any discrete source of radium-226 that
is produced, extracted, or converted after ex-
traction, before, on, or after August 8, 2005, for
use for a commercial, medical, or research ac-
tivity; or
(B) any material that—
(i) has been made radioactive by use of a
particle accelerator, including by use of a fu-
sion machine; and
(ii) if made radioactive by use of a particle
accelerator that is not a fusion machine, is
produced, extracted, or converted after ex-
traction, before, on, or after August 8, 2005,
for use for a commercial, medical, or re-
search activity; and
(4) any discrete source of naturally occur-
ring radioactive material, other than source
material, that—
(A) the Commission, in consultation with
the Administrator of the Environmental
Protection Agency, the Secretary of Energy,
the Secretary of Homeland Security, and the
head of any other appropriate Federal agen-
cy, determines would pose a threat similar
to the threat posed by a discrete source of
radium-226 to the public health and safety or
the common defense and security; and
(B) before, on, or after August 8, 2005, is ex-
tracted or converted after extraction for use
in a commercial, medical, or research activ-
ity.
(f) The term ‘‘Commission’’ means the Atomic
Energy Commission.
(g) The term ‘‘common defense and security’’
means the common defense and security of the
United States.
(h) The term ‘‘defense information’’ means
any information in any category determined by
any Government agency authorized to classify
information, as being information respecting,
relating to, or affecting the national defense.
(i) The term ‘‘design’’ means (1) specifications,
plans, drawings, blueprints, and other items of
like nature; (2) the information contained there-
in; or (3) the research and development data per-
tinent to the information contained therein.
(j) The term ‘‘extraordinary nuclear occur-
rence’’ means any event causing a discharge or
dispersal of source, special nuclear, or byproduct
material from its intended place of confinement
in amounts offsite, or causing radiation levels
offsite, which the Nuclear Regulatory Commis-
sion or the Secretary of Energy, as appropriate,
determines to be substantial, and which the Nu-
clear Regulatory Commission or the Secretary
of Energy, as appropriate, determines has re-
sulted or will probably result in substantial
damages to persons offsite or property offsite.
Any determination by the Nuclear Regulatory
Commission or the Secretary of Energy, as ap-
propriate, that such an event has, or has not, oc-
curred shall be final and conclusive, and no
other official or any court shall have power or
jurisdiction to review any such determination.
The Nuclear Regulatory Commission or the Sec-
retary of Energy, as appropriate, shall establish
criteria in writing setting forth the basis upon
which such determination shall be made. As
used in this subsection, ‘‘offsite’’ means away
from ‘‘the location’’ or ‘‘the contract location’’
as defined in the applicable Nuclear Regulatory
Commission or the Secretary of Energy, as ap-
propriate, indemnity agreement, entered into
pursuant to section 2210 of this title.
(k) The term ‘‘financial protection’’ means the
ability to respond in damages for public liability
and to meet the costs of investigating and de-
fending claims and settling suits for such dam-
ages.
(l) The term ‘‘Government agency’’ means any
executive department, commission, independent
establishment, corporation, wholly or partly
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2014
owned by the United States of America which is
an instrumentality of the United States, or any
board, bureau, division, service, office, officer,
authority, administration, or other establish-
ment in the executive branch of the Govern-
ment.
(m) The term ‘‘indemnitor’’ means (1) any in-
surer with respect to his obligations under a pol-
icy of insurance furnished as proof of financial
protection; (2) any licensee, contractor or other
person who is obligated under any other form of
financial protection, with respect to such obli-
gations; and (3) the Nuclear Regulatory Com-
mission or the Secretary of Energy, as appro-
priate, with respect to any obligation under-
taken by it in indemnity agreement entered into
pursuant to section 2210 of this title.
(n) The term ‘‘international arrangement’’
means any international agreement hereafter
approved by the Congress or any treaty during
the time such agreement or treaty is in full
force and effect, but does not include any agree-
ment for cooperation.
(o) The term ‘‘Energy Committees’’ means the
Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and
Commerce of the House of Representatives.
(p) The term ‘‘licensed activity’’ means an ac-
tivity licensed pursuant to this chapter and cov-
ered by the provisions of section 2210(a) of this
title.
(q) The term ‘‘nuclear incident’’ means any oc-
currence, including an extraordinary nuclear oc-
currence, within the United States causing,
within or outside the United States, bodily in-
jury, sickness, disease, or death, or loss of or
damage to property, or loss of use of property,
arising out of or resulting from the radioactive,
toxic, explosive, or other hazardous properties of
source, special nuclear, or byproduct material:
Provided, however, That as the term is used in
section 2210(l) of this title, it shall include any
such occurrence outside the United States: And
provided further, That as the term is used in sec-
tion 2210(d) of this title, it shall include any
such occurrence outside the United States: And
provided further, That as the term is used in sec-
tion 2210(c) of this title, it shall include any
such occurrence outside both the United States
and any other nation if such occurrence arises
out of or results from the radioactive, toxic, ex-
plosive, or other hazardous properties of source,
special nuclear, or byproduct material licensed
pursuant to subchapters V, VI, VII, and IX of
this division, which is used in connection with
the operation of a licensed stationary produc-
tion or utilization facility or which moves out-
side the territorial limits of the United States
in transit from one person licensed by the Nu-
clear Regulatory Commission to another person
licensed by the Nuclear Regulatory Commission.
(r) The term ‘‘operator’’ means any individual
who manipulates the controls of a utilization or
production facility.
(s) The term ‘‘person’’ means (1) any indi-
vidual, corporation, partnership, firm, associa-
tion, trust, estate, public or private institution,
group, Government agency other than the Com-
mission, any State or any political subdivision
of, or any political entity within a State, any
foreign government or nation or any political
subdivision of any such government or nation,
or other entity; and (2) any legal successor, rep-
resentative, agent, or agency of the foregoing.
(t) The term ‘‘person indemnified’’ means (1)
with respect to a nuclear incident occurring
within the United States or outside the United
States as the term is used in section 2210(c) of
this title, and with respect to any nuclear inci-
dent in connection with the design, develop-
ment, construction, operation, repair, mainte-
nance, or use of the nuclear ship Savannah, the
person with whom an indemnity agreement is
executed or who is required to maintain finan-
cial protection, and any other person who may
be liable for public liability or (2) with respect
to any other nuclear incident occurring outside
the United States, the person with whom an in-
demnity agreement is executed and any other
person who may be liable for public liability by
reason of his activities under any contract with
the Secretary of Energy or any project to which
indemnification under the provisions of section
2210(d) of this title has been extended or under
any subcontract, purchase order, or other agree-
ment, of any tier, under any such contract or
project.
(u) The term ‘‘produce’’, when used in relation
to special nuclear material, means (1) to manu-
facture, make, produce, or refine special nuclear
material; (2) to separate special nuclear mate-
rial from other substances in which such mate-
rial may be contained; or (3) to make or to
produce new special nuclear material.
(v) The term ‘‘production facility’’ means (1)
any equipment or device determined by rule of
the Commission to be capable of the production
of special nuclear material in such quantity as
to be of significance to the common defense and
security, or in such manner as to affect the
health and safety of the public; or (2) any impor-
tant component part especially designed for
such equipment or device as determined by the
Commission. Except with respect to the export
of a uranium enrichment production facility,
such term as used in subchapters IX and XV
shall not include any equipment or device (or
important component part especially designed
for such equipment or device) capable of sepa-
rating the isotopes of uranium or enriching ura-
nium in the isotope 235.
(w) The term ‘‘public liability’’ means any
legal liability arising out of or resulting from a
nuclear incident or precautionary evacuation
(including all reasonable additional costs in-
curred by a State, or a political subdivision of a
State, in the course of responding to a nuclear
incident or a precautionary evacuation), except:
(i) claims under State or Federal workmen’s
compensation acts of employees of persons in-
demnified who are employed at the site of and in
connection with the activity where the nuclear
incident occurs; (ii) claims arising out of an act
of war; and (iii) whenever used in subsections
(a), (c), and (k) of section 2210 of this title,
claims for loss of, or damage to, or loss of use of
property which is located at the site of and used
in connection with the licensed activity where
the nuclear incident occurs. ‘‘Public liability’’
also includes damage to property of persons in-
demnified: Provided, That such property is cov-
ered under the terms of the financial protection
Page 5365
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2014
required, except property which is located at the
site of and used in connection with the activity
where the nuclear incident occurs.
(x) The term ‘‘research and development’’
means (1) theoretical analysis, exploration, or
experimentation; or (2) the extension of inves-
tigative findings and theories of a scientific or
technical nature into practical application for
experimental and demonstration purposes, in-
cluding the experimental production and testing
of models, devices, equipment, materials, and
processes.
(y) The term ‘‘Restricted Data’’ means all
data concerning (1) design, manufacture, or uti-
lization of atomic weapons; (2) the production of
special nuclear material; or (3) the use of special
nuclear material in the production of energy,
but shall not include data declassified or re-
moved from the Restricted Data category pursu-
ant to section 2162 of this title.
(z) The term ‘‘source material’’ means (1) ura-
nium, thorium, or any other material which is
determined by the Commission pursuant to the
provisions of section 2091 of this title to be
source material; or (2) ores containing one or
more of the foregoing materials, in such con-
centration as the Commission may by regula-
tion determine from time to time.
(aa) The term ‘‘special nuclear material’’
means (1) plutonium, uranium enriched in the
isotope 233 or in the isotope 235, and any other
material which the Commission, pursuant to the
provisions of section 2071 of this title, deter-
mines to be special nuclear material, but does
not include source material; or (2) any material
artificially enriched by any of the foregoing, but
does not include source material.
(bb) The term ‘‘United States’’ when used in a
geographical sense includes all territories and
possessions of the United States, the Canal Zone
and Puerto Rico.
(cc) The term ‘‘utilization facility’’ means (1)
any equipment or device, except an atomic
weapon, determined by rule of the Commission
to be capable of making use of special nuclear
material in such quantity as to be of signifi-
cance to the common defense and security, or in
such manner as to affect the health and safety
of the public, or peculiarly adapted for making
use of atomic energy in such quantity as to be
of significance to the common defense and secu-
rity, or in such manner as to affect the health
and safety of the public; or (2) any important
component part especially designed for such
equipment or device as determined by the Com-
mission.
(dd) FUSION MACHINE.—The term ‘‘fusion ma-
chine’’ means a machine that is capable of—
(1) transforming atomic nuclei, through fu-
sion processes, into different elements, iso-
topes, or other particles; and
(2) directly capturing and using the result-
ant products, including particles, heat, or
other electromagnetic radiation.
(ee) HIGH-LEVEL RADIOACTIVE WASTE; SPENT
NUCLEAR FUEL.—The terms ‘‘high-level radio-
active waste’’ and ‘‘spent nuclear fuel’’ have the
meanings given such terms in section 10101 of
this title.
(ff) LEGAL COSTS.—As used in section 2210 of
this title, the term ‘‘legal costs’’ means the
costs incurred by a plaintiff or a defendant in
initiating, prosecuting, investigating, settling,
or defending claims or suits for damage arising
under such section.
(gg) NUCLEAR WASTE ACTIVITIES.—The term
‘‘nuclear waste activities’’, as used in section
2210 of this title, means activities subject to an
agreement of indemnification under subsection
(d) of such section, that the Secretary of Energy
is authorized to undertake, under this chapter
or any other law, involving the storage, han-
dling, transportation, treatment, or disposal of,
or research and development on, spent nuclear
fuel, high-level radioactive waste, or trans-
uranic waste, including (but not limited to) ac-
tivities authorized to be carried out under the
Waste Isolation Pilot Project under section 213
of Public Law 96–164 (93 Stat. 1265).
(hh) PRECAUTIONARY EVACUATION.—The term
‘‘precautionary evacuation’’ means an evacu-
ation of the public within a specified area near
a nuclear facility, or the transportation route in
the case of an accident involving transportation
of source material, special nuclear material, by-
product material, high-level radioactive waste,
spent nuclear fuel, or transuranic waste to or
from a production or utilization facility, if the
evacuation is—
(1) the result of any event that is not classi-
fied as a nuclear incident but that poses immi-
nent danger of bodily injury or property dam-
age from the radiological properties of source
material, special nuclear material, byproduct
material, high-level radioactive waste, spent
nuclear fuel, or transuranic waste, and causes
an evacuation; and
(2) initiated by an official of a State or a po-
litical subdivision of a State, who is author-
ized by State law to initiate such an evacu-
ation and who reasonably determined that
such an evacuation was necessary to protect
the public health and safety.
(ii) PUBLIC LIABILITY ACTION.—The term ‘‘pub-
lic liability action’’, as used in section 2210 of
this title, means any suit asserting public liabil-
ity. A public liability action shall be deemed to
be an action arising under section 2210 of this
title, and the substantive rules for decision in
such action shall be derived from the law of the
State in which the nuclear incident involved oc-
curs, unless such law is inconsistent with the
provisions of such section.
(jj) TRANSURANIC WASTE.—The term ‘‘trans-
uranic waste’’ means material contaminated
with elements that have an atomic number
greater than 92, including neptunium, pluto-
nium, americium, and curium, and that are in
concentrations greater than 10 nanocuries per
gram, or in such other concentrations as the Nu-
clear Regulatory Commission may prescribe to
protect the public health and safety.
(Aug. 1, 1946, ch. 724, title I, § 11, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 922; amended Aug.
6, 1956, ch. 1015, § 1, 70 Stat. 1069; Pub. L. 85–256,
§ 3, Sept. 2, 1957, 71 Stat. 576; Pub. L. 85–602, § 1,
Aug. 8, 1958, 72 Stat. 525; Pub. L. 87–206, §§ 2, 3,
Sept. 6, 1961, 75 Stat. 476; Pub. L. 87–615, §§ 4, 5,
Aug. 29, 1962, 76 Stat. 410; Pub. L. 89–645, § 1(a),
Oct. 13, 1966, 80 Stat. 891; Pub. L. 94–197, § 1, Dec.
31, 1975, 89 Stat. 1111; Pub. L. 95–604, title II, § 201,
Page 5366
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2014
Nov. 8, 1978, 92 Stat. 3033; Pub. L. 100–408,
§§ 4(b)–5(b),
11(b),
(d)(2),
16(a)(1),
(b)(1),
(2),
(d)(1)–(3), Aug. 20, 1988, 102 Stat. 1069, 1070, 1076,
1078–1080; Pub. L. 101–575, § 5(a), Nov. 15, 1990, 104
Stat. 2835; renumbered title I and amended Pub.
L. 102–486, title IX, § 902(a)(8), title XI, § 1102, Oct.
24, 1992, 106 Stat. 2944, 2955; Pub. L. 103–437,
§ 15(f)(1), Nov. 2, 1994, 108 Stat. 4592; Pub. L.
104–134, title III, § 3116(b)(1), Apr. 26, 1996, 110
Stat. 1321–349; Pub. L. 109–58, title VI, § 651(e)(1),
Aug. 8, 2005, 119 Stat. 806; Pub. L. 118–47, div. G,
title I, § 107(d), Mar. 23, 2024, 138 Stat. 857; Pub.
L. 118–67, div. B, title II, § 205(a), July 9, 2024, 138
Stat. 1460.)
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.
For definition of Canal Zone, referred to in subsec.
(bb), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
Section 213 of Public Law 96–164, referred to in sub-
sec. (gg), is Pub. L. 96–164, title II, § 213, Dec. 29, 1979, 93
Stat. 1265, which is not classified to the Code.
PRIOR PROVISIONS
A prior section 11 of act Aug. 1, 1946, ch. 724, 60 Stat.
768, which related to patents and inventions, was classi-
fied to section 1811 of this title, prior to the general
amendment of act Aug. 1, 1946, by act Aug. 30, 1954.
Sections 12 to 19 of act Aug. 1, 1946, ch. 724, 60 Stat.
770–775, which related to authority, powers and duties
of Atomic Energy Commission; compensation for acqui-
sition of private property; judicial review; Joint Com-
mittee of Congress on Atomic Energy; penalties for vio-
lation of certain provisions of chapter 14 of this title,
injunctions, subpoena of witnesses, and production of
documents; reports and recommendations to Congress;
definitions; and authorization of appropriations, were
classified to sections 1812 to 1819, respectively, of this
title, and section 20 of act Aug. 1, 1946, ch. 724, 60 Stat.
775, which related to separability of provisions of the
act, was set out as a note under section 1801 of this
title, prior to the general amendment of act Aug. 1,
1946, by act Aug. 30, 1954. Section numbers 12 to 20 were
not repeated in the general amendment of act Aug. 1,
1946.
AMENDMENTS
2024—Subsec.
(e)(3)(B)(i).
Pub.
L.
118–67,
§ 205(a)(1)(A)(i), inserted ‘‘, including by use of a fusion
machine’’ after ‘‘particle accelerator’’.
Subsec. (e)(3)(B)(ii). Pub. L. 118–67, § 205(a)(1)(A)(ii),
inserted ‘‘if made radioactive by use of a particle accel-
erator that is not a fusion machine,’’ before ‘‘is pro-
duced’’.
Subsec. (q). Pub. L. 118–47, in second proviso, sub-
stituted ‘‘occurrence outside the United States:’’ for
‘‘occurrence outside the United States if such occur-
rence involves source, special nuclear, or byproduct
material owned by, and used by or under contract with,
the United States:’’.
Subsec. (dd). Pub. L. 118–67, § 205(a)(5), added subsec.
(dd). Former subsec. (dd) redesignated (ee).
Subsec. (ee). Pub. L. 118–67, § 205(a)(4), redesignated
subsec. (dd) as (ee) and inserted heading. Former sub-
sec. (ee) redesignated (jj).
Pub. L. 118–67, § 205(a)(2), inserted heading.
Subsecs. (ff) to (jj). Pub. L. 118–67, § 205(a)(2), (3), in-
serted headings for subsecs. (ff) to (hh), redesignated
subsecs. (ee) to (hh) and (jj) as (jj), (gg), (hh), (ii), and
(ff), respectively, and transferred the subsecs. to appear
in alphabetical order.
2005—Subsec. (e). Pub. L. 109–58 substituted ‘‘means—
’’ for ‘‘means’’, realigned margins of pars. (1) and (2),
and added pars. (3) and (4).
1996—Subsec. (v). Pub. L. 104–134, which directed the
amendment of subsec. (v) by striking out ‘‘or the con-
struction and operation of a uranium enrichment facil-
ity using Atomic Vapor Laser Isotope Separation tech-
nology’’, was executed by striking out ‘‘or the con-
struction and operation of a uranium enrichment pro-
duction facility using Atomic Vapor Laser Isotope Sep-
aration technology’’ before ‘‘, such term as used’’, to
reflect the probable intent of Congress.
1994—Subsec. (o). Pub. L. 103–437 substituted ‘‘ ‘En-
ergy Committees’ means the Committee on Energy and
Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representa-
tives’’ for ‘‘ ‘Joint Committee’ means the Joint Com-
mittee on Atomic Energy’’.
1992—Subsec. (v). Pub. L. 102–486 amended last sen-
tence generally. Prior to amendment, last sentence
read as follows: ‘‘Except with respect to the export of
a uranium enrichment production facility, such term
as used in subchapters IX and XV shall not include any
equipment or device (or important component part es-
pecially designed for such equipment or device) capable
of separating the isotopes of uranium or enriching ura-
nium in the isotope 235.’’
1990—Subsec. (v). Pub. L. 101–575 inserted at end ‘‘Ex-
cept with respect to the export of a uranium enrich-
ment production facility, such term as used in sub-
chapters IX and XV shall not include any equipment or
device (or important component part especially de-
signed for such equipment or device) capable of sepa-
rating the isotopes of uranium or enriching uranium in
the isotope 235.’’
1988—Subsecs. (j), (m). Pub. L. 100–408, § 16(b)(1), sub-
stituted ‘‘Nuclear Regulatory Commission or the Sec-
retary of Energy, as appropriate,’’ for ‘‘Commission’’
wherever appearing.
Subsec. (q). Pub. L. 100–408, § 16(d)(1), substituted
‘‘section’’ for ‘‘subsection’’ in three places, which for
purposes of codification was translated as ‘‘section’’,
thus requiring no change in text.
Pub. L. 100–408, § 16(a)(1), substituted ‘‘Nuclear Regu-
latory Commission’’ for ‘‘Commission’’ wherever ap-
pearing.
Subsec. (t). Pub. L. 100–408, § 16(d)(2), substituted
‘‘section’’ for ‘‘subsection’’ in two places, which for
purposes of codification was translated as ‘‘section’’,
thus requiring no change in text.
Pub. L. 100–408, § 16(b)(2), substituted ‘‘Secretary of
Energy’’ for ‘‘Commission’’ in cl. (2).
Subsec. (w). Pub. L. 100–408, § 16(d)(3), substituted
‘‘subsections (a), (c), and (k) of section 2210 of this
title’’ for ‘‘section 2210(a), (c), and (k) of this title’’.
Pub. L. 100–408, § 5(a), inserted ‘‘or precautionary
evacuation (including all reasonable additional costs
incurred by a State, or a political subdivision of a
State, in the course of responding to a nuclear incident
or a precautionary evacuation)’’ after first reference to
‘‘nuclear incident’’.
Subsecs. (dd) to (ff). Pub. L. 100–408, § 4(b), added sub-
secs. (dd) to (ff).
Subsec. (gg). Pub. L. 100–408, § 5(b), added subsec. (gg).
Subsec. (hh). Pub. L. 100–408, § 11(b), added subsec.
(hh).
Subsec. (jj). Pub. L. 100–408, § 11(d)(2), added subsec.
(jj).
1978—Subsec. (e). Pub. L. 95–604 designated existing
provisions as cl. (1) and added cl. (2).
1975—Subsec. (q). Pub. L. 94–197 substituted ‘‘source,
special nuclear, or byproduct material’’ for ‘‘facility or
device’’ and inserted proviso to include within term as
used in section 2210(c) of this title any occurrence out-
side both the United States and any other nation.
Subsec. (t). Pub. L. 94–197 expanded definition to in-
clude nuclear incidents occurring outside the United
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2015
States as the term is used in section 2210(c) of this title
and inserted reference to person required to maintain
financial protection.
1966—Subsec. (j). Pub. L. 89–645, § 1(a)(2), added subsec.
(j). Former subsec. (j) redesignated (k).
Subsecs. (k), (l). Pub. L. 89–645, § 1(a)(1), redesignated
former subsecs. (j) and (k) as (k) and (l), respectively.
Former subsec. (l) redesignated (n).
Subsec. (m). Pub. L. 89–645, § 1(a)(3), added subsec.
(m). Former subsec. (m) redesignated (o).
Subsecs. (n) to (p). Pub. L. 89–645, § 1(a)(1), redesig-
nated former subsecs. (l) to (n) as (n) to (p), respec-
tively. Former subsecs. (n) to (p) redesignated (p) to (r),
respectively.
Subsec. (q). Pub. L. 89–645, § 1(a)(1), (4), redesignated
former subsec. (o) as (q) and inserted ‘‘, including an
extraordinary nuclear occurrence,’’ between ‘‘occur-
rence’’ and ‘‘within’’, respectively. Former subsec. (q)
redesignated (s).
Subsecs. (r) to (cc). Pub. L. 89–645, § 1(a)(1), redesig-
nated former subsecs. (p) to (aa) as (r) to (cc), respec-
tively.
1962—Subsec. (o). Pub. L. 87–615, § 4, enlarged defini-
tion of ‘‘nuclear incident’’ to include any occurrence
within the United States causing any of the listed inju-
ries and damages within or outside the United States,
provided that as used in section 2210(l) of this title,
term shall ‘‘include’’ instead of ‘‘mean’’ any such oc-
currence outside the United States, and that as used in
section 2210(d) of this title, the term shall include any
such occurrence outside the United States if such oc-
currence involves a facility or devise owned by, and
used by or under contract with, the United States.
Subsec. (r). Pub. L. 87–615, § 5, limited definition of
‘‘person indemnified’’ to nuclear incidents occurring
within the United States, or in connection with the nu-
clear ship Savannah, and inserted provisions with re-
spect to nuclear incidents occurring outside the United
States.
1961—Subsec. (b). Pub. L. 87–206, § 2, included section
2121(c) of this title in enumeration.
Subsec. (u). Pub. L. 87–206, § 3, designated existing
provisions as cls. (i) and (ii) and added cl. (iii).
1958—Subsec. (o). Pub. L. 85–602 inserted proviso de-
fining ‘‘nuclear incident’’ as it is used in section 2210(l)
of this title.
1957—Subsec. (j). Pub. L. 85–256 added subsec. (j).
Former subsec. (j) redesignated (k).
Subsecs. (k) to (m). Pub. L. 85–256, redesignated
former subsecs. (j) to (l) as (k) to (m), respectively.
Former subsec. (m) redesignated (p).
Subsec. (n). Pub. L. 85–256 added subsec. (n). Former
subsec. (n) redesignated (q).
Subsec. (o). Pub. L. 85–256 added subsec. (o). Former
subsec. (o) redesignated (s).
Subsecs. (p), (q). Pub. L. 85–256 redesignated former
subsecs. (m) and (n) as (p) and (q), respectively. Former
subsecs. (p) and (q) redesignated (t) and (u), respec-
tively.
Subsec. (r). Pub. L. 85–256 added subsec. (r). Former
subsec. (r) redesignated (w).
Subsecs. (s), (t). Pub. L. 85–256 redesignated former
subsecs. (o) and (p) as (s) and (t), respectively. Former
subsecs. (s) and (t) redesignated (x) and (y), respec-
tively.
Subsec. (u). Pub. L. 85–256 added subsec. (u). Former
subsec. (u) redesignated (z).
Subsecs. (v) to (aa). Pub. L. 85–256 redesignated
former subsecs. (q) to (v) as (v) to (aa), respectively.
1956—Subsec. (u). Act Aug. 6, 1956, substituted ‘‘the
Canal Zone and Puerto Rico’’ for ‘‘and the Canal Zone’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Energy and Commerce of House of
Representatives treated as referring to Committee on
Commerce of House of Representatives by section 1(a)
of Pub. L. 104–14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of
House of Representatives changed to Committee on En-
ergy and Commerce of House of Representatives, and
jurisdiction over matters relating to securities and ex-
changes and insurance generally transferred to Com-
mittee on Financial Services of House of Representa-
tives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–408, § 20, Aug. 20, 1988, 102 Stat. 1084, pro-
vided that:
‘‘(a) Except as provided in subsection (b), the amend-
ments made by this Act [enacting section 2282a of this
title and amending this section and sections 2210 and
2273 of this title] shall become effective on the date of
the enactment of this Act [Aug. 20, 1988] and shall be
applicable with respect to nuclear incidents occurring
on or after such date.
‘‘(b)(1) The amendments made by section 11 [amend-
ing this section and section 2210 of this title] shall
apply to nuclear incidents occurring before, on, or after
the date of the enactment of this Act.
‘‘(2)(A) Section 234A of the Atomic Energy Act of 1954
[section 2282a of this title] shall not apply to any viola-
tion occurring before the date of the enactment of this
Act.
‘‘(B) Section 223 c. of the Atomic Energy Act of 1954
[section 2273(c) of this title] shall not apply to any vio-
lation occurring before the date of enactment of this
Act.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–604, title II, § 208, Nov. 8, 1978, 92 Stat. 3041,
provided that: ‘‘Except as otherwise provided in this
title [see section 202(b) of Pub. L. 95–604, set out as an
Effective Date note under section 2113 of this title] the
amendments made by this title [enacting sections 2022
and 2114 of this title, amending this section and sec-
tions 2021, 2111, and 2201 of this title, and enacting pro-
visions set out as notes under sections 2021 and 2113 of
this title] shall take effect on the date of the enact-
ment of this Act [Nov. 8, 1978].’’
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of this title. See
also Transfer of Functions notes set out under those
sections.
§ 2015. Transfer of property
Nothing in this chapter shall be deemed to re-
peal, modify, amend, or alter the provisions of
section 9(a) of the Atomic Energy Act of 1946, as
heretofore amended.
(Aug. 1, 1946, ch. 724, title I, § 241, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 960; 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.
Section 9(a) of the Atomic Energy Act of 1946, as
heretofore amended, referred to in text, which was for-
merly classified to section 1809(a) of this title, provided
that: ‘‘The President shall direct the transfer to the
Commission of all interests owned by the United States
or any Government agency in the following property:
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter:
**(a)** The term “agency of the United States” means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.
**(b)** The term “agreement for cooperation” means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim).
**(c)** The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation.
**(d)** The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.
**(e)** The term “byproduct material” means—
(1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source mater
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2014
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.