Title 42The Public Health and WelfareRelease 119-73

§2231 Applicability of administrative procedure provisions; definitions

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER XV— - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE › § 2231

Last updated Apr 6, 2026|Official source

Summary

Parts of the Administrative Procedure Act (subchapter II of chapter 5, and chapter 7, of title 5) apply to all agency action under this chapter, and the words "agency" and "agency action" mean what section 551 of title 5 says. When a proceeding involves certain sensitive information (Restricted Data; defense information; safeguards information under section 2167; or information protected under section 2168), the Commission must create matching procedures that keep that information from unauthorized people while disturbing normal procedural rights as little as possible. The Commission must also provide efficient, timely reviews and hearings for granting, suspending, revoking, or changing any license or construction permit, and for any application to transfer control.

Full Legal Text

Title 42, §2231

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The provisions of subchapter II of chapter 5, and chapter 7, of title 5 shall apply to all agency action taken under this chapter, and the terms “agency” and “agency action” shall have the meaning specified in section 551 of title 5: Provided, however, That in the case of agency proceedings or actions which involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of section 2167 of this title or information protected from dissemination under the authority of section 2168 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title were not involved.
(b)The Commission shall provide for efficient and timely reviews and proceedings for the granting, suspending, revoking, or amending of any—
(1)license or construction permit; or
(2)application to transfer control.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables. Codification “Subchapter II of chapter 5, and chapter 7, of title 5” substituted in subsec. (a) for the first reference to the Administrative Procedure Act on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. “Section 551 of title 5” substituted for the second reference to the Administrative Procedure Act to reflect the codification of the definitions of “agency” and “agency action” in that section. Prior to the enactment of Title 5, the Administrative Procedure Act was classified to sections 1001 to 1011 of Title 5.

Prior Provisions

Provisions similar to subsec. (a) of this section were contained in section 1814(a), (c) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

Amendments

2024—Pub. L. 118–67 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1981—Pub. L. 97–90, in proviso, substituted “involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of section 2167 of this title or information protected from dissemination under the authority of section 2168 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title were not involved” for “involve Restricted Data, defense information, or safeguards information protected from disclosure under the authority of section 2167 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, or such safeguards information, to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, or such safeguards information, were not involved”. 1980—Pub. L. 96–295 inserted references and made provisions applicable to safeguards information.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2231

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73