42 U.S.C. § 2286g: “Department of Energy…

Summary

Defines which Department of Energy sites count as a "Department of Energy defense nuclear facility." It covers DOE-controlled production or utilization facilities (see section 2014) used for national security, except those covered by Executive Order No. 12344, dated February 1, 1982 (Naval nuclear propulsion), sites that only move nuclear explosives or material, sites not doing atomic energy defense work, and sites owned by the United States Enrichment Corporation. It also covers DOE-controlled nuclear waste storage facilities, but not facilities developed under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) that are licensed by the Nuclear Regulatory Commission.

Title 42, §2286g

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

As used in this subchapter, the term “Department of Energy defense nuclear facility” means any of the following:

(1)A production facility or utilization facility (as defined in section 2014 of this title) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes, but the term does not include—

(A)any facility or activity covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program;

(B)any facility or activity involved with the transportation of nuclear explosives or nuclear material;

(C)any facility that does not conduct atomic energy defense activities; or

(D)any facility owned by the United States Enrichment Corporation.

(2)A nuclear waste storage facility under the control or jurisdiction of the Secretary of Energy, but the term does not include a facility developed pursuant to the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) and licensed by the Nuclear Regulatory Commission.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order No. 12344, referred to in par. (1)(A), is set out as a note under section 6102 of Title 10, Armed Forces. The Nuclear Waste Policy Act of 1982, referred to in par. (2), is Pub. L. 97–425, Jan. 7, 1983, 96 Stat. 2201, which is classified generally to chapter 108 (§ 10101 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 10101 of this title and Tables.

Amendments

1992—Par. (1)(D). Pub. L. 102–486, § 902(a)(7), added subpar. (D). 1991—Par. (1)(B). Pub. L. 102–190 struck out “with the assembly or testing of nuclear explosives or” after “involved”.

Statutory Notes and Related Subsidiaries

References to United States Enrichment CorporationReferences 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.

§2286g “department of Energy Defense Nuclear Facility” Defined