
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2297f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
            Division B--United States Enrichment Corporation
 
SUBCHAPTER VI--LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES
 
Sec. 2297f. Gaseous diffusion facilities


(a) Issuance of standards

    Within 2 years after October 24, 1992, the Nuclear Regulatory 
Commission shall establish by regulation such standards as are necessary 
to govern the gaseous diffusion uranium enrichment facilities of the 
Department in order to protect the public health and safety from 
radiological hazard and provide for the common defense and security. 
Regulations promulgated pursuant to this subsection shall, among other 
things, require that adequate safeguards (within the meaning of section 
2167 of this title) are in place.

(b) Annual report

                           (1) In general

        Not later than the date on which a certificate of compliance is 
    issued under subsection (c) of this section, the Nuclear Regulatory 
    Commission, in consultation with the Department and the 
    Environmental Protection Agency, shall report to the Congress on the 
    status of health, safety, and environmental conditions at the 
    gaseous diffusion uranium enrichment facilities of the Department.

                     (2) Required determination

        Such report shall include a determination regarding whether the 
    gaseous diffusion uranium enrichment facilities of the Department 
    are in compliance with the standards established under subsection 
    (a) of this section and all applicable laws.

(c) Certification process

                          (1) Establishment

        The Nuclear Regulatory Commission shall establish a 
    certification process to ensure that the Corporation complies with 
    standards established under subsection (a) of this section.

       (2) Periodic application for certificate of compliance

        The Corporation shall apply to the Nuclear Regulatory Commission 
    for a certificate of compliance under paragraph (1) periodically, as 
    determined by the Commission, but not less than every 5 years. The 
    Commission shall review any such application and any determination 
    made under subsection (b)(2) of this section shall be based on the 
    results of any such review.

             (3) Treatment of certificate of compliance

        The requirement for a certificate of compliance under paragraph 
    (1) shall be in lieu of any requirement for a license for any 
    gaseous diffusion facility of the Department leased by the 
    Corporation.

                           (4) NRC review

        (A) In general

            The Nuclear Regulatory Commission, in consultation with the 
        Environmental Protection Agency, shall review the operations of 
        the Corporation with respect to any gaseous diffusion uranium 
        enrichment facilities of the Department leased by the 
        Corporation to ensure that public health and safety are 
        adequately protected.

        (B) Access to facilities and information

            The Corporation and the Department shall cooperate fully 
        with the Nuclear Regulatory Commission and the Environmental 
        Protection Agency and shall provide the Nuclear Regulatory 
        Commission and the Environmental Protection Agency with the 
        ready access to the facilities, personnel, and information the 
        Nuclear Regulatory Commission and the Environmental Protection 
        Agency consider necessary to carry out their responsibilities 
        under this subsection. A contractor operating a Corporation 
        facility for the Corporation shall provide the Nuclear 
        Regulatory Commission and the Environmental Protection Agency 
        with ready access to the facilities, personnel, and information 
        of the contractor as the Nuclear Regulatory Commission and the 
        Environmental Protection Agency consider necessary to carry out 
        their responsibilities under this subsection.

        (C) Limitation

            The Nuclear Regulatory Commission shall limit its finding 
        under subsection (b)(2) of this section to a determination of 
        whether the facilities are in compliance with the standards 
        established under subsection (a) of this section.

(d) Requirement for operation

    The gaseous diffusion uranium enrichment facilities of the 
Department may not be operated by the Corporation unless the Nuclear 
Regulatory Commission, in consultation with the Environmental Protection 
Agency, makes a determination of compliance under subsection (b) of this 
section or approves a plan prepared by the Department for achieving 
compliance required under subsection (b) of this section.

(Aug. 1, 1946, ch. 724, title II, Sec. 1701, as added Pub. L. 102-486, 
title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2951; amended Pub. L. 104-
134, title III, Sec. 3116(b)(3), Apr. 26, 1996, 110 Stat. 1321-349; Pub. 
L. 105-362, title XII, Sec. 1202, Nov. 10, 1998, 112 Stat. 3292.)


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-362 substituted ``Not later than 
the date on which a certificate of compliance is issued under subsection 
(c) of this section, the Nuclear'' for ``The Nuclear'' and struck out 
``at least annually'' after ``report''.
    1996--Subsec. (c)(2). Pub. L. 104-134 amended heading and text of 
par. (2) generally. Prior to amendment, text read as follows: ``The 
Corporation shall apply at least annually to the Nuclear Regulatory 
Commission for a certificate of compliance under paragraph (1). The 
Nuclear Regulatory Commission, in consultation with the Environmental 
Protection Agency, shall review any such application and any 
determination made under subsection (b)(2) of this section shall be 
based on the results of any such review.''


           References to United States Enrichment Corporation

    References to the Corporation, meaning 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2201, 2239, 2243, 2282 of 
this title.
