Title 42 — The Public Health and WelfareRelease 119-73
§5842 Licensing and related regulatory functions respecting selected Administration facilities
Title 42 › Chapter CHAPTER 73— - DEVELOPMENT OF ENERGY SOURCES › Subchapter SUBCHAPTER II— - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER PROTECTION › § 5842
Summary
The Nuclear Regulatory Commission must license and regulate certain facilities of the Administration under chapters 6, 7, 8, and 10 of the Atomic Energy Act. Even though section 110a (42 U.S.C. 2140(a)) and other parts of the Act exclude some Administration facilities, the NRC still has this authority unless section 110b (42 U.S.C. 2140(b)) or another law says otherwise. The covered facilities include demonstration liquid‑metal fast breeder reactors and other demonstration reactors (when run by a utility or to show commercial use), sites mainly for receiving and storing high‑level radioactive waste, retrievable surface or other interim storage for Administration high‑level waste that are not for research, and DOE‑contract facilities that make mixed plutonium‑uranium oxide fuel for commercial reactors (but not facilities used only for research, testing, demonstration, or analysis).
Full Legal Text
Title 42, §5842
The Public Health and Welfare — Source: USLM XML via OLRC
Notwithstanding the exclusions provided for in section 110a. [42 U.S.C. 2140(a)] or any other provisions of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], the Nuclear Regulatory Commission shall, except as otherwise specifically provided by section 110b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(b)), or other law, have licensing and related regulatory authority pursuant to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2071 et seq., 2091 et seq., 2111 et seq., 2131 et seq.], as to the following facilities of the Administration:
(1)Demonstration Liquid Metal Fast Breeder reactors when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.
(2)Other demonstration nuclear reactors—except those in existence on the effective date of this chapter—when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.
(3)Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under such Act.
(4)Retrievable Surface Storage Facilities and other facilities authorized for the express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration, which are not used for, or are part of, research and development activities.
(5)Any facility under a contract with and for the account of the Department of Energy that is utilized for the express purpose of fabricating mixed plutonium-uranium oxide nuclear reactor fuel for use in a commercial nuclear reactor licensed under such Act, other than any such facility that is utilized for research, development, demonstration, testing, or analysis purposes.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Atomic Energy Act of 1954, as amended, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. Chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended, are classified generally to subchapters V (§ 2071 et seq.), VI (§ 2091 et seq.), VII (§ 2111 et seq.), and IX (§ 2131 et seq.) of division A of chapter 23 of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 2011 of this title and Tables. The
Effective Date
of this chapter, referred to in par. (2), refers to the
Effective Date
of Pub. L. 93–438. See section 312 of Pub. L. 93–438, set out as an
Effective Date
Interim Appointments note under section 5801 of this title.
Amendments
1998—Par. (5). Pub. L. 105–261 added par. (5).
Statutory Notes and Related Subsidiaries
Availability of Funds for Licensing by NRC Pub. L. 105–261, div. C, title XXXI, § 3134(b), Oct. 17, 1998, 112 Stat. 2247, provided that: “[Former] section 210 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 ([former] 42 U.S.C. 7272 [see 10 U.S.C. 6106]) shall not apply to any licensing activities required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection (a).” Applicability of Occupational Safety and Health Requirements to Activities Under License Pub. L. 105–261, div. C, title XXXI, § 3134(c), Oct. 17, 1998, 112 Stat. 2247, provided that: “Any activities carried out under a license required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection (a), shall be subject to regulation under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).” Verbal Communications Between Commission Headquarters and Regional Offices and Licensed Utilization Facilities Pub. L. 96–295, title III, § 305(a),
June 30, 1980, 94 Stat. 790, provided that: “As expeditiously as practicable, the Nuclear Regulatory Commission shall establish a mechanism for instantaneous and uninterrupted verbal communication between each utilization facility licensed to operate under section 103 or section 104 b. of the Atomic Energy Act of 1954 [section 2133 or 2134(b) of this title] on the date of enactment of this Act [
June 30, 1980], or thereafter, and “(1) Commission headquarters, and “(2) the appropriate Commission regional office.” Study of Extension of Licensing and Regulatory Authority of Commission; Report to Congress Pub. L. 95–601, § 12, Nov. 6, 1978, 92 Stat. 2953, directed Commission, in cooperation with Department of Energy, to conduct a study of extending the Commission’s licensing or regulatory authority to include categories of existing and future Federal radioactive waste storage and disposal activities not presently subject to such authority, and on or before Mar. 1, 1979, to submit a report to Congress containing results of study, which report was to include a complete listing and inventory of all radioactive waste storage and disposal activities being conducted or planned by Federal agencies.
Executive Documents
Transfer of Functions
For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 5842
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73