Editorial Notes
References in Text

This chapter, referred to in text, 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.

For definition of Canal Zone, referred to in subsec. (bspan), see section 3602(span) of Title 22, Foreign Relations and Intercourse.

Section 213 of Public Law 96–164, referred to in subsec. (gg), is Puspan. L. 96–164, title II, § 213, Dec. 29, 1979, 93 Stat. 1265, which is not classified to the Code.

Prior Provisions

A prior section 11 of act Aug. 1, 1946, ch. 724, 60 Stat. 768, which related to patents and inventions, was classified to section 1811 of this title, prior to the general amendment of act Aug. 1, 1946, by act Aug. 30, 1954.

Sections 12 to 19 of act Aug. 1, 1946, ch. 724, 60 Stat. 770–775, which related to authority, powers and duties of Atomic Energy Commission; compensation for acquisition of private property; judicial review; Joint Committee of Congress on Atomic Energy; penalties for violation of certain provisions of chapter 14 of this title, injunctions, subpoena of witnesses, and production of documents; reports and recommendations to Congress; definitions; and authorization of appropriations, were classified to sections 1812 to 1819, respectively, of this title, and section 20 of act Aug. 1, 1946, ch. 724, 60 Stat. 775, which related to separability of provisions of the act, was set out as a note under section 1801 of this title, prior to the general amendment of act Aug. 1, 1946, by act Aug. 30, 1954. Section numbers 12 to 20 were not repeated in the general amendment of act Aug. 1, 1946.

Amendments

2024—Subsec. (e)(3)(B)(i). Puspan. L. 118–67, § 205(a)(1)(A)(i), inserted “, including by use of a fusion machine” after “particle accelerator”.

Subsec. (e)(3)(B)(ii). Puspan. L. 118–67, § 205(a)(1)(A)(ii), inserted “if made radioactive by use of a particle accelerator that is not a fusion machine,” before “is produced”.

Subsec. (q). Puspan. L. 118–47, in second proviso, substituted “occurrence outside the United States:” for “occurrence outside the United States if such occurrence involves source, special nuclear, or byproduct material owned by, and used by or under contract with, the United States:”.

Subsec. (dd). Puspan. L. 118–67, § 205(a)(5), added subsec. (dd). Former subsec. (dd) redesignated (ee).

Subsec. (ee). Puspan. L. 118–67, § 205(a)(4), redesignated subsec. (dd) as (ee) and inserted heading. Former subsec. (ee) redesignated (jj).

Puspan. L. 118–67, § 205(a)(2), inserted heading.

Subsecs. (ff) to (jj). Puspan. L. 118–67, § 205(a)(2), (3), inserted headings for subsecs. (ff) to (hh), redesignated subsecs. (ee) to (hh) and (jj) as (jj), (gg), (hh), (ii), and (ff), respectively, and transfered the subsecs. to appear in alphabetical order.

2005—Subsec. (e). Puspan. L. 109–58 substituted “means—” for “means”, realigned margins of pars. (1) and (2), and added pars. (3) and (4).

1996—Subsec. (v). Puspan. L. 104–134, which directed the amendment of subsec. (v) by striking out “or the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation technology”, was executed by striking out “or the construction and operation of a uranium enrichment production facility using Atomic Vapor Laser Isotope Separation technology” before “, such term as used”, to reflect the probable intent of Congress.

1994—Subsec. (o). Puspan. L. 103–437 substituted “ ‘Energy Committees’ means the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives” for “ ‘Joint Committee’ means the Joint Committee on Atomic Energy”.

1992—Subsec. (v). Puspan. L. 102–486 amended last sentence generally. Prior to amendment, last sentence read as follows: “Except with respect to the export of a uranium enrichment production facility, such term as used in subchapters IX and XV shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.”

1990—Subsec. (v). Puspan. L. 101–575 inserted at end “Except with respect to the export of a uranium enrichment production facility, such term as used in subchapters IX and XV shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.”

1988—Subsecs. (j), (m). Puspan. L. 100–408, § 16(span)(1), substituted “Nuclear Regulatory Commission or the Secretary of Energy, as appropriate,” for “Commission” wherever appearing.

Subsec. (q). Puspan. L. 100–408, § 16(d)(1), substituted “section” for “subsection” in three places, which for purposes of codification was translated as “section”, thus requiring no change in text.

Puspan. L. 100–408, § 16(a)(1), substituted “Nuclear Regulatory Commission” for “Commission” wherever appearing.

Subsec. (t). Puspan. L. 100–408, § 16(d)(2), substituted “section” for “subsection” in two places, which for purposes of codification was translated as “section”, thus requiring no change in text.

Puspan. L. 100–408, § 16(span)(2), substituted “Secretary of Energy” for “Commission” in cl. (2).

Subsec. (w). Puspan. L. 100–408, § 16(d)(3), substituted “subsections (a), (c), and (k) of section 2210 of this title” for “section 2210(a), (c), and (k) of this title”.

Puspan. L. 100–408, § 5(a), inserted “or precautionary evacuation (including all reasonable additional costs incurred by a State, or a political subdivision of a State, in the course of responding to a nuclear incident or a precautionary evacuation)” after first reference to “nuclear incident”.

Subsecs. (dd) to (ff). Puspan. L. 100–408, § 4(span), added subsecs. (dd) to (ff).

Subsec. (gg). Puspan. L. 100–408, § 5(span), added subsec. (gg).

Subsec. (hh). Puspan. L. 100–408, § 11(span), added subsec. (hh).

Subsec. (jj). Puspan. L. 100–408, § 11(d)(2), added subsec. (jj).

1978—Subsec. (e). Puspan. L. 95–604 designated existing provisions as cl. (1) and added cl. (2).

1975—Subsec. (q). Puspan. L. 94–197 substituted “source, special nuclear, or byproduct material” for “facility or device” and inserted proviso to include within term as used in section 2210(c) of this title any occurrence outside both the United States and any other nation.

Subsec. (t). Puspan. L. 94–197 expanded definition to include nuclear incidents occurring outside the United States as the term is used in section 2210(c) of this title and inserted reference to person required to maintain financial protection.

1966—Subsec. (j). Puspan. L. 89–645, § 1(a)(2), added subsec. (j). Former subsec. (j) redesignated (k).

Subsecs. (k), (l). Puspan. L. 89–645, § 1(a)(1), redesignated former subsecs. (j) and (k) as (k) and (l), respectively. Former subsec. (l) redesignated (n).

Subsec. (m). Puspan. L. 89–645, § 1(a)(3), added subsec. (m). Former subsec. (m) redesignated (o).

Subsecs. (n) to (p). Puspan. L. 89–645, § 1(a)(1), redesignated former subsecs. (l) to (n) as (n) to (p), respectively. Former subsecs. (n) to (p) redesignated (p) to (r), respectively.

Subsec. (q). Puspan. L. 89–645, § 1(a)(1), (4), redesignated former subsec. (o) as (q) and inserted “, including an extraordinary nuclear occurrence,” between “occurrence” and “within”, respectively. Former subsec. (q) redesignated (s).

Subsecs. (r) to (cc). Puspan. L. 89–645, § 1(a)(1), redesignated former subsecs. (p) to (aa) as (r) to (cc), respectively.

1962—Subsec. (o). Puspan. L. 87–615, § 4, enlarged definition of “nuclear incident” to include any occurrence within the United States causing any of the listed injuries and damages within or outside the United States, provided that as used in section 2210(l) of this title, term shall “include” instead of “mean” any such occurrence outside the United States, and that as used in section 2210(d) of this title, the term shall include any such occurrence outside the United States if such occurrence involves a facility or devise owned by, and used by or under contract with, the United States.

Subsec. (r). Puspan. L. 87–615, § 5, limited definition of “person indemnified” to nuclear incidents occurring within the United States, or in connection with the nuclear ship Savannah, and inserted provisions with respect to nuclear incidents occurring outside the United States.

1961—Subsec. (span). Puspan. L. 87–206, § 2, included section 2121(c) of this title in enumeration.

Subsec. (u). Puspan. L. 87–206, § 3, designated existing provisions as cls. (i) and (ii) and added cl. (iii).

1958—Subsec. (o). Puspan. L. 85–602 inserted proviso defining “nuclear incident” as it is used in section 2210(l) of this title.

1957—Subsec. (j). Puspan. L. 85–256 added subsec. (j). Former subsec. (j) redesignated (k).

Subsecs. (k) to (m). Puspan. L. 85–256, redesignated former subsecs. (j) to (l) as (k) to (m), respectively. Former subsec. (m) redesignated (p).

Subsec. (n). Puspan. L. 85–256 added subsec. (n). Former subsec. (n) redesignated (q).

Subsec. (o). Puspan. L. 85–256 added subsec. (o). Former subsec. (o) redesignated (s).

Subsecs. (p), (q). Puspan. L. 85–256 redesignated former subsecs. (m) and (n) as (p) and (q), respectively. Former subsecs. (p) and (q) redesignated (t) and (u), respectively.

Subsec. (r). Puspan. L. 85–256 added subsec. (r). Former subsec. (r) redesignated (w).

Subsecs. (s), (t). Puspan. L. 85–256 redesignated former subsecs. (o) and (p) as (s) and (t), respectively. Former subsecs. (s) and (t) redesignated (x) and (y), respectively.

Subsec. (u). Puspan. L. 85–256 added subsec. (u). Former subsec. (u) redesignated (z).

Subsecs. (v) to (aa). Puspan. L. 85–256 redesignated former subsecs. (q) to (v) as (v) to (aa), respectively.

1956—Subsec. (u). Act Aug. 6, 1956, substituted “the Canal Zone and Puerto Rico” for “and the Canal Zone”.

Statutory Notes and Related Subsidiaries
Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1988 Amendment

Puspan. L. 100–408, § 20, Aug. 20, 1988, 102 Stat. 1084, provided that:

“(a) Except as provided in subsection (span), the amendments made by this Act [enacting section 2282a of this title and amending this section and sections 2210 and 2273 of this title] shall become effective on the date of the enactment of this Act [Aug. 20, 1988] and shall be applicable with respect to nuclear incidents occurring on or after such date.
“(span)
(1) The amendments made by section 11 [amending this section and section 2210 of this title] shall apply to nuclear incidents occurring before, on, or after the date of the enactment of this Act.
“(2)
(A) Section 234A of the Atomic Energy Act of 1954 [section 2282a of this title] shall not apply to any violation occurring before the date of the enactment of this Act.
“(B) Section 223 c. of the Atomic Energy Act of 1954 [section 2273(c) of this title] shall not apply to any violation occurring before the date of enactment of this Act.”

Effective Date of 1978 Amendment

Puspan. L. 95–604, title II, § 208, Nov. 8, 1978, 92 Stat. 3041, provided that: “Except as otherwise provided in this title [see section 202(span) of Puspan. L. 95–604, set out as an Effective Date note under section 2113 of this title] the amendments made by this title [enacting sections 2022 and 2114 of this title, amending this section and sections 2021, 2111, and 2201 of this title, and enacting provisions set out as notes under sections 2021 and 2113 of this title] shall take effect on the date of the enactment of this Act [Nov. 8, 1978].”

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.