Title 42, The Public Health and WelfareRelease 119-110

§2297f Gaseous Diffusion Facilities

Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER VI — LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES › § 2297f

Last updated Sep 22, 2026|Official source

Summary

The Nuclear Regulatory Commission must, within 2 years after October 24, 1992, write rules to control the Department’s gaseous diffusion uranium enrichment plants so the public is protected from radiation and national defense and security are preserved. The rules must require adequate safeguards (as defined elsewhere). Before issuing a certificate of compliance, the Commission, working with the Department and the EPA, must report to Congress on health, safety, and environmental conditions and say whether the plants meet the new rules and other laws. The Commission will set up a certification process. The Corporation that leases the plants must apply for a certificate at least every 5 years. The certificate replaces any license for leased facilities. The Commission and the EPA may inspect operations and must be given prompt access to facilities, staff, and records. The plants cannot be run by the Corporation unless the Commission, with the EPA, finds compliance or approves a Department plan to reach compliance.

Full Legal Text

Title 42, §2297f

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

(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), 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) 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).
(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) 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) to a determination of whether the facilities are in compliance with the standards established under subsection (a).
(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) or approves a plan prepared by the Department for achieving compliance required under subsection (b).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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), 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.”

Statutory Notes and Related Subsidiaries

References to United States Enrichment CorporationReferences 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2297f

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110