
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2201]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
            SUBCHAPTER XIII--GENERAL AUTHORITY OF COMMISSION
 
Sec. 2201. General duties of Commission

    In the performance of its functions the Commission 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 
    Commission 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 possession and use of special nuclear 
    material, source material, and byproduct material as the Commission 
    may deem necessary or desirable to promote the common defense and 
    security or to protect health or to minimize danger to life or 
    property; in addition, the Commission shall prescribe such 
    regulations or orders as may be necessary 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;

                   (c) Studies and investigations

        make such studies and investigations, obtain such information, 
    and hold such meetings or hearings as the Commission may deem 
    necessary 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 authorized to administer oaths and 
    affirmations, and by subpena to require any person to appear and 
    testify, or to appear and produce documents, or both, at any 
    designated place. Witnesses 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 officers 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 their compensation fixed in accordance 
    with chapter 51 and subchapter III of chapter 53 of title 5, except 
    that, to the extent the Commission deems such action necessary to 
    the discharge 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 officers and 
    employees whose compensation is fixed by law, and scientific and 
    technical personnel up to a limit of the highest rate of grade 18 of 
    the General Schedule) whose position would be subject to chapter 51 
    and subchapter III of chapter 53 of title 5, if such provisions 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 Commission shall make adequate provision for administrative 
    review of any determination to dismiss any employee;

    (e) Acquisition of material, property, etc.; negotiation of 
                              commercial leases

        acquire such material, property, equipment, and facilities, 
    establish or construct such buildings and facilities, and modify 
    such buildings and facilities from time to time, as it may deem 
    necessary, and construct, acquire, provide, or arrange for such 
    facilities and services (at project sites where such facilities and 
    services are not available) for the housing, health, safety, 
    welfare, and recreation of personnel 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 
    Commission, the Commission is authorized to grant privileges, leases 
    and permits upon adjusted terms which (at the time of the initial 
    grant of any privilege grant, lease, or permit, 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) 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 concession applicant to 
    meet the needs of the community, and (4) the contribution the 
    concession applicant has made or will make to the other activities 
    and general welfare of the community;
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    \1\ So in original.
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              (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 behalf 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 reference 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 diversion 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 security, including regulations or orders designating 
    activities, involving quantities of special 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 Commission shall have determined that permitting each such 
    person to conduct the activity will not be inimical to the common 
    defense and security, and (3) to govern any activity authorized 
    pursuant to this chapter, including standards and restrictions 
    governing the design, location, and operation of facilities used in 
    the conduct of such activity, in order to protect health and to 
    minimize danger to life or property;

                (j) Disposition of surplus materials

        without regard to the provisions of the Federal Property and 
    Administrative Services Act of 1949, as amended [40 U.S.C. 471 et 
    seq.], except section 207 of that Act [40 U.S.C. 488], or any other 
    law, make such disposition as it may deem desirable of (1) 
    radioactive materials, and (2) any other property, the special 
    disposition of which is, in the opinion of the Commission, in the 
    interest of the national security: Provided, however, That the 
    property furnished to licensees in accordance with the provisions of 
    subsection (m) of this section shall not be deemed to be property 
    disposed of by the Commission pursuant to this subsection;

    (k) Carrying of firearms; authority to make arrests without 
                                   warrant

        authorize such of its members, officers, and employees as it 
    deems necessary in the interest of the common defense and security 
    to carry firearms while in the discharge of their official duties. 
    The Commission may also authorize such of those employees of its 
    contractors and subcontractors (at any tier) engaged in the 
    protection of property under the jurisdiction of the United States 
    located at facilities owned by or contracted to the United States or 
    being transported to or from such facilities as it deems necessary 
    in the interests of the common defense and security to carry 
    firearms while in the discharge of their official duties. 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 
    committed in that person's presence or for any felony 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 authorized to carry firearms under this subsection 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 subsection may exercise that 
    authority only in the enforcement of (1) laws regarding the property 
    of the United States in the custody of the Department 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, imprisonment, 
    or both. The arrest authority conferred by this subsection is in 
    addition to any arrest authority under other laws. The Secretary, 
    with the approval of the Attorney General, shall issue guidelines to 
    implement this subsection;

     (l) Repealed. Pub. L. 87-456, title III, Sec. 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 licensed activity, and (2) to sell, lease, or otherwise make 
    available to such licensees such quantities of source or byproduct 
    material, and other material not defined as special nuclear material 
    pursuant to this chapter, as may be necessary for the conduct of the 
    licensed activity: Provided, however, That any such agreement may be 
    canceled by the licensee at any time upon payment of such reasonable 
    cancellation charges as may be agreed upon by the licensee and the 
    Commission: And provided further, That the Commission shall 
    establish prices to be paid by licensees for material or services to 
    be furnished by the Commission pursuant to this subsection, which 
    prices shall be established on such a nondiscriminatory basis as, in 
    the opinion of the Commission, 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 
    Commission;

                     (n) Delegation of functions

        delegate to the General Manager or other officers of the 
    Commission any of those functions assigned to it under this chapter 
    except those specified in sections 2071, 2077(b), 2091, 2138, 2153, 
    2165(b) of this title (with respect to the determination of those 
    persons to whom the Commission may reveal Restricted Data in the 
    national interest), 2165(f) of this title and subsection (a) of this 
    section;

                             (o) Reports

        require by rule, regulation, or order, such reports, and the 
    keeping of such records with respect 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 necessary to effectuate the purposes of this chapter, including 
    section 2135 of this title; and

                      (p) Rules and regulations

        make, promulgate, issue, rescind, and amend such rules and 
    regulations as may be necessary to carry out the purposes of this 
    chapter.

                   (q) Easements for rights-of-way

        The Commission is authorized and empowered, under such terms and 
    conditions as are deemed advisable by it, to grant easements for 
    rights-of-way over, across, in, and upon acquired 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 municipality, or to any individual, 
    partnership, or corporation of any State, Territory, or possession 
    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 stations 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: Provided, That such 
    rights-of-way shall be granted only upon a finding by the Commission 
    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 purpose 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 conditions of any grant hereunder or for nonuse 
    for a period of two consecutive years or abandonment 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 prescribe, 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 defense 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 
    service. 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 accordance 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 disaster period: Provided further, That the disaster 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, fabricating, 
    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: Provided, That 
    the prices for services under such contracts shall be no less than 
    the prices currently charged by the Commission pursuant to 
    subsection (m) of this section;

    (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 operation of reactors;
        (2)(A) enter into contracts for such periods of time as the 
    Commission may deem necessary or desirable for the purchase or 
    acquisition of any supplies, equipment, materials, or services 
    required by the Commission whenever the Commission determines that: 
    (i) it is advantageous 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 facilities by the vendors or 
    suppliers thereof; (iii) the amortization chargeable to the 
    Commission 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 Government 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 initial delivery of such 
    supplies, equipment, materials, 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 Commission shall be 
    guided by the following principles: (i) the percentage of the total 
    cost of special facilities devoted to contract performance and 
    chargeable to the Commission should not exceed the ratio between the 
    period of contract 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 amortized; and (iii) 
    the desirability of reserving in the Commission the right to take 
    title to the special facilities under appropriate circumstances; and
        (3) include in contracts made under this subsection 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 parties shall agree is chargeable to the 
    performance of the contract. Any appropriation available at the time 
    of termination or thereafter made available to the Commission for 
    operating expenses shall be available for payment of such costs 
    which may arise from termination 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, materials, or services and 
    not available to the vendors or suppliers for the performance of the 
    contract.

         (v) Support of United States Enrichment Corporation

        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 Corporation sufficient 
    to ensure recovery of the costs (excluding depreciation and imputed 
    interest on original plant investments in the Department'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;
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    \2\ See References in Text note below.
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             (w) License fees for nuclear power reactors

        prescribe and collect from any other Government agency, which 
    applies 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 certified under section 2297f or 2297f-1 of this title, 
    any fee, charge, or price which it may require, in accordance with 
    the provisions of section 9701 of title 31 or any other law, of 
    applicants for, or holders of, such licenses or certificates.

    (x) Standards and instructions for bonding, surety, or other 
             financial arrangements, including performance bonds

        Establish by rule, regulation, or order, after public notice, 
    and in accordance with the requirements 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 termination 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 byproduct 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 monitoring of such sites, structures and equipment 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 
            maintenance and monitoring.

    Such standards and instructions promulgated by the Commission 
    pursuant to this subsection 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 
    required 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 arrangements if the Commission 
    determines that such bonds or arrangements are not adequate to carry 
    out subparagraphs (1) and (2) of this subsection.

(Aug. 1, 1946, ch. 724, title I, Sec. 161, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 948; amended July 14, 1956, ch. 608, 70 Stat. 
553; Aug. 6, 1956, ch. 1015, Sec. 4, 70 Stat. 1069; Pub. L. 85-162, 
title II, Secs. 201, 204, Aug. 21, 1957, 71 Stat. 410; Pub. L. 85-287, 
Sec. 4, Sept. 4, 1957, 71 Stat. 613; Pub. L. 85-507, Sec. 21(b)(1), July 
7, 1958, 72 Stat. 337; Pub. L. 85-681, Secs. 6, 7, Aug. 19, 1958, 72 
Stat. 633; Pub. L. 86-300, Sec. 1, Sept. 21, 1959, 73 Stat. 574; Pub. L. 
87-206, Sec. 13, Sept. 6, 1961, 75 Stat. 478; Pub. L. 87-456, title III, 
Sec. 303(c), May 24, 1962, 76 Stat. 78; Pub. L. 87-615, Sec. 12, Aug. 
29, 1962, 76 Stat. 411; Pub. L. 87-793, Sec. 1001(g), Oct. 11, 1962, 76 
Stat. 864; Pub. L. 88-489, Sec. 16, Aug. 26, 1964, 78 Stat. 606; Pub. L. 
90-190, Sec. 11, Dec. 14, 1967, 81 Stat. 578; Pub. L. 91-452, title II, 
Sec. 237, Oct. 15, 1970, 84 Stat. 930; Pub. L. 91-560, Secs. 7, 8, Dec. 
19, 1970, 84 Stat. 1474; Pub. L. 92-314, title III, Sec. 301, June 16, 
1972, 86 Stat. 227; Pub. L. 93-377, Sec. 7, Aug. 17, 1974, 88 Stat. 475; 
Pub. L. 95-604, title II, Sec. 203, Nov. 8, 1978, 92 Stat. 3036; Pub. L. 
97-90, title II, Sec. 211, Dec. 4, 1981, 95 Stat. 1170; Pub. L. 99-661, 
div. C, title I, Sec. 3134, Nov. 14, 1986, 100 Stat. 4064; Pub. L. 100-
449, title III, Sec. 305(b), Sept. 28, 1988, 102 Stat. 1876; Pub. L. 
101-575, Sec. 5(b), Nov. 15, 1990, 104 Stat. 2835; renumbered title I 
and amended Pub. L. 102-486, title IX, Sec. 902(a)(4), (5), (8), Oct. 
24, 1992, 106 Stat. 2944.)

                       References in Text

    The civil service laws, referred to in subsec. (d), are set forth in 
Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.
    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (j), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Provisions of that act relating to disposal of 
government property are classified to chapter 10 (Sec. 471 et seq.) of 
Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.
    Section 2297c-2 of this title, referred to in subsec. (v), was 
repealed by Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26, 1996, 
110 Stat. 1321-349.

                          Codification

    In subsec. (d), ``chapter 51 and subchapter III of chapter 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, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first 
section of which enacted Title 5, Government Organization and Employees.
    In subsec. (w), ``section 9701 of title 31'' substituted for 
``section 483a of title 31 of the United States Code'' on authority of 
Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first 
section of which enacted Title 31, Money and Finance.
    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 Congress.


                            Prior Provisions

    Provisions similar to this section were contained in section 1812(a) 
of this title, prior to the general amendment and renumbering of act 
Aug. 1, 1946, by act Aug. 30, 1954.


                               Amendments

    1992--Subsec. (v). Pub. L. 102-486, Sec. 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 
enrichment of special nuclear material.
    Subsec. (w). Pub. L. 102-486, Sec. 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 necessary 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 Congress.
    1988--Subsec. (v). Pub. L. 100-449 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.''
    1986--Subsec. (k). Pub. L. 99-661 inserted ``and subcontractors (at 
any tier)'' after ``employees of its contractors'', substituted ``under 
the jurisdiction of the United States'' for ``owned by the United States 
and'', inserted ``or being transported to or from such facilities'' 
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 
individual to be arrested is within, or in direct flight from, the area 
of such offense.'', and inserted before the semicolon 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 committed in 
that person's presence or for any felony cognizable under the laws of 
the United States if that person has reasonable grounds to believe that 
the individual 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 property of the United States in the custody of the 
Department 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, 
imprisonment, or both, and that the arrest authority conferred 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 activities, involving 
quantities of special nuclear material 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 requirements under this 
paragraph because of his privilege against self-incrimination, but that 
the immunity provisions of the Compulsory Testimony Act of Feb. 11, 
1893, apply with respect to any individual who specifically claims such 
privilege.
    Subsec. (n). Pub. L. 91-560, Sec. 7, struck out references to 
section 2132 of this title and the finding of practical value.
    Subsec. (v). Pub. L. 91-560, Sec. 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, Sec. 6, authorized the Commission 
to adopt compensation rates on a retroactive basis as may be authorized 
by the Classification Act for other Government employees.
    Subsecs. (n) to (s). Pub. L. 85-507 redesignated subsecs. (o) to (s) 
as (n) to (r), respectively. Former subsec. (n), which authorized the 
Commission to assign employees for instruction, education, or training 
by public or private agencies, institutions of learning, laboratories, 
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, Sec. 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 personnel''.
    Subsec. (e). Pub. L. 85-162, Sec. 201, inserted ``(at the time of 
the initial grant of any privilege grant, lease, or permit, 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 
``adjusted terms which''.
    Subsec. (s). Pub. L. 85-162, Sec. 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).


            Effective and Termination Dates of 1988 Amendment

    Amendment by Pub. L. 100-449 effective on the date the United 
States-Canada Free-Trade Agreement enters 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 immunity to which any individual is 
entitled under this section 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 section 1008 of Pub. 
L. 87-793.
    Repeal of subsec. (l) effective with respect to articles entered, or 
withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see 
section 501(a) of Pub. L. 87-456.


                    Effective Date of 1958 Amendment

    For effective date of amendment by Pub. L. 85-507, see section 21(a) 
of Pub. L. 85-507.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See, also, notes set out under 
those sections.
    Functions of Atomic Energy Commission administered through its 
Division of Radiation Protection Standards, to extent that such 
functions of Commission consisted of establishing generally applicable 
environmental standards for the protection of the general environment 
from radioactive material, transferred to Administrator of Environmental 
Protection Agency by Reorg. Plan No. 3 of 1970, Sec. 2(a)(6), eff. Dec. 
2, 1970, 35 F.R. 15623, 84 Stat. 2086, set out in the Appendix to Title 
5, Government Organization and Employees.


           References to United States Enrichment Corporation

    References to the United States Enrichment Corporation 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 Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


                  Organizational Conflicts of Interest

    Pub. L. 95-209, Sec. 7, Dec. 13, 1977, 91 Stat. 1483, provided that: 
``The Commission shall by December 31, 1977, promulgate guidelines to be 
applied by the Commission in determining whether an organization 
proposing to enter into a contractual arrangement with the Commission 
has a conflict of interest which might impair the contractor's judgment 
or otherwise give the contractor an unfair competitive advantage.''


     Applicability to Functions Transferred by Department of Energy 
                            Organization Act

    Pub. L. 95-91, title VII, Sec. 709(c)(2), Aug. 4, 1977, 91 Stat. 
608, provided that: ``Section 161(d) of the Atomic Energy 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 terminate not later 
than the expiration of the 2-year period following Jan. 5, 1973, unless, 
in the case of a board established by the President or an officer of the 
Federal Government, such board is renewed by appropriate action prior to 
the expiration of such 2-year period, or in the case of a board 
established by the Congress, its duration 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 appropriate action prior to the expiration of such 2-year period, or 
in the case of a board established by the Congress, its duration is 
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, 
Government Organization and Employees.


                    Emergency Preparedness Functions

    For assignment of certain emergency preparedness functions to 
Members of the Nuclear Regulatory Commission, 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.


         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 specifications 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 and authorized to be appropriated such sums as were 
necessary.


     Report With Respect to Renegotiations, Reappraisals, and Sales 
                               Proceedings

    Section 203 of Pub. L. 85-162 directed Atomic Energy Commission, 
Federal Housing Administration, and Housing and Home Finance Agency to 
report to Joint Committee by Jan. 31, 1958, with respect to 
renegotiations, reappraisals, and sales proceedings authorized under 
sections 201 and 202 of Pub. L. 85-162 [amending subsec. (e) of this 
section and enacting section 2325(c) of this title].


                            Cross References

    Agreements with States for discontinuance of Commission regulation 
of certain materials under this section, see section 2021 of this title.
    Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes 
and Criminal Procedure.
    Per diem and mileage of witnesses generally, see section 1821 of 
Title 28, Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 2021, 2093, 2167, 2168, 
2203, 2273, 2281, 2286b, 2294, 2297h-5, 2325, 5812, 5816, 5849 of this 
title; title 5 section 7533; title 22 section 3221; title 50 section 
2441.
