(Aug. 1, 1946, ch. 724, title I, § 161, as added Aug. 30, 1954, ch. 1073, § 1,68 Stat. 948; amended July 14, 1956, ch. 608, 70 Stat. 553; Aug. 6, 1956, ch. 1015, § 4,70 Stat. 1069; Pub. L. 85–162, title II, §§ 201,
204,Aug. 21, 1957, 71 Stat. 410; Pub. L. 85–287, § 4,Sept. 4, 1957, 71 Stat. 613; Pub. L. 85–507, § 21(b)(1),July 7, 1958, 72 Stat. 337; Pub. L. 85–681, §§ 6,
7,Aug. 19, 1958, 72 Stat. 633; Pub. L. 86–300, § 1,Sept. 21, 1959, 73 Stat. 574; Pub. L. 87–206, § 13,Sept. 6, 1961, 75 Stat. 478; Pub. L. 87–456, title III, § 303(c),May 24, 1962, 76 Stat. 78; Pub. L. 87–615, § 12,Aug. 29, 1962, 76 Stat. 411; Pub. L. 87–793, title VI, § 1001(g),Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–489, § 16,Aug. 26, 1964, 78 Stat. 606; Pub. L. 90–190, § 11,Dec. 14, 1967, 81 Stat. 578; Pub. L. 91–452, title II, § 237,Oct. 15, 1970, 84 Stat. 930; Pub. L. 91–560, §§ 7,
8,Dec. 19, 1970, 84 Stat. 1474; Pub. L. 92–314, title III, § 301,June 16, 1972, 86 Stat. 227; Pub. L. 93–377, § 7,Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–604, title II, § 203,Nov. 8, 1978, 92 Stat. 3036; Pub. L. 97–90, title II, § 211,Dec. 4, 1981, 95 Stat. 1170; Pub. L. 99–661, div. C, title I, § 3134,Nov. 14, 1986, 100 Stat. 4064; Pub. L. 100–449, title III, § 305(b),Sept. 28, 1988, 102 Stat. 1876; Pub. L. 101–575, § 5(b),Nov. 15, 1990, 104 Stat. 2835; renumbered title I and amended Pub. L. 102–486, title IX, § 902(a)(4), (5), (8),Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, §§ 623,
626,Aug. 8, 2005, 119 Stat. 783, 784.)
Amendment of Section
For termination of amendment by section 501(c) ofPub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
References in Text
of this title, referred to in subsec. (v), was repealed by Pub. L. 104–134
, title III, § 3116(a)(1),Apr. 26, 1996, 110 Stat. 1321–349
In subsec. (d), “chapter
” and “such provisions” substituted for “the Classification Act of 1949, as amended” and “such Act”, respectively, 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.
In subsec. (j), “chapters 1 to 11 (except section
559) of title 40 and division C (except sections
) of subtitle I of title
” substituted for “the Federal Property and Administrative Services Act of 1949, as amended, except section 207 of that Act” on authority of Pub. L. 107–217
, § 5(c),Aug. 21, 2002, 116 Stat. 1303
, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350
, § 6(c),Jan. 4, 2011, 124 Stat. 3854
, which Act enacted Title 41, Public Contracts.
In subsec. (x)(2)(B), “November 8, 1978” was in the original “the date of the enactment of this section”, which has been translated as the date of the enactment of this subsection to reflect the probable intent of Congress.
Provisions similar to this section were contained in section
of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
2005—Subsec. (i)(4). Pub. L. 109–58
, § 626, added cl. (4).
Subsec. (w). Pub. L. 109–58
, § 623, substituted “to the Commission for, or is issued by the Commission, a license or certificate” for “for or is issued a license for a utilization facility designed to produce electrical or heat energy pursuant to section
of this title, or which operates any facility regulated or certified under section
of this title” and “section
” for “section
483a” and struck out “, of applicants for, or holders of, such licenses or certificates” before period at end.
1992—Subsec. (v). Pub. L. 102–486
, § 902(a)(4), amended subsec. (v) generally, substituting provisions relating to duty to provide services in support of United States Energy Enrichment Corporation for provisions relating to duty to enter into contracts for production or enrichment of special nuclear material.
Subsec. (w). Pub. L. 102–486
, § 902(a)(5), inserted “or which operates any facility regulated or certified under section
of this title,” after “2134(b) of this title,” and “or certificates” after “holders of, such licenses”.
1990—Subsec. (b). Pub. L. 101–575
, which directed amendment of subsec. (b) by striking the period at the end and inserting “; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of 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;”, was executed by striking the semicolon at end of subsec. (b) and making insertion to reflect probable intent of Congress.
1988—Subsec. (v). Pub. L. 100–449
temporarily inserted in closing provisions “For purposes of this subsection and of section 305 ofPublic Law 99–591 (100 Stat. 3341–209
, 210), ‘foreign origin’ excludes source or special nuclear material originating in Canada.” See Effective and Termination Dates of 1988 Amendment note below.
1986—Subsec. (k). Pub. L. 99–661
inserted “and subcontractors (at any tier)” after “employees of its contractors”, substituted “under the jurisdiction of the United States” for “owned by the United States and”, inserted “or being transported to or from such facilities” after “contracted to the United States”, inserted after third sentence “An employee of a contractor or subcontractor authorized to carry firearms under this subsection may make such arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense.”, and inserted before the semicolon at end “. The Secretary, with the approval of the Attorney General, shall issue guidelines to implement this subsection”.
1981—Subsec. (k). Pub. L. 97–90
inserted provision that a person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, make arrests without warrant for any offense against the United States committed in that person’s presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the individual to be arrested has committed or is committing such felony, that a person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of (1) laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission, or (2) any provision of this chapter that may subject an offender to a fine, imprisonment, or both, and that the arrest authority conferred by this subsection is in addition to any arrest authority under other laws.
1978—Subsec. (x). Pub. L. 95–604
added subsec. (x).
1974—Subsec. (i). Pub. L. 93–377
inserted provision in cl. (2) relating to regulations or orders designating activities, involving quantities of special nuclear material important to the common defense and security, that may be conducted by persons whose character, etc., have been established so that if they are permitted to conduct such activities it would not be inimical to the common defense and security.
1972—Subsec. (w). Pub. L. 92–314
added subsec. (w).
1970—Subsec. (c). Pub. L. 91–452
struck out provisions that no person be excused from complying with any requirements under this paragraph because of his privilege against self-incrimination, but that the immunity provisions of the Compulsory Testimony Act of Feb. 11, 1893, apply with respect to any individual who specifically claims such privilege.
Subsec. (n). Pub. L. 91–560
, § 7, struck out references to section
of this title and the finding of practical value.
Subsec. (v). Pub. L. 91–560
, § 8, substituted provisions for the establishment of prices on a basis of recovery of the Government’s costs over a reasonable period of time for provisions for the establishment of prices on a basis which will provide reasonable compensation to the Government.
1967—Subsec. (n). Pub. L. 90–190
substituted “2077(b)” for “2077(a)(3)”.
1964—Subsec. (v). Pub. L. 88–489
added subsec. (v).
1962—Subsec. (d). Pub. L. 87–793
substituted “up to a limit of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended” for “up to a limit of $19,000”.
Subsec. (l). Pub. L. 87–456
repealed subsec. (l) which authorized the admittance free of duty into the United States of purchases made abroad of source materials.
Subsec. (n). Pub. L. 87–615
substituted “2165(f) of this title” for “2165(e) of this title”.
1961—Subsecs. (s) to (v). Pub. L. 87–206
redesignated subsecs. (t) to (v) as (s) to (u), respectively.
1959—Subsec. (m). Pub. L. 86–300
inserted references to sections
of this title.
1958—Subsec. (d). Pub. L. 85–681
, § 6, authorized the Commission to adopt compensation rates on a retroactive basis as may be authorized by the Classification Act for other Government employees.
Subsecs. (n) to (s). Pub. L. 85–507
redesignated subsecs. (o) to (s) as (n) to (r), respectively. Former subsec. (n), which authorized the Commission to assign employees for instruction, education, or training by public or private agencies, institutions of learning, laboratories, or industrial or commercial organizations, was repealed by Pub. L. 85–507
, see section
et seq. of Title 5, Government Organizations and Employees.
Subsecs. (t) to (v). Pub. L. 85–681
, § 7, added subsecs. (t) to (v).
1957—Subsec. (d). Pub. L. 85–287
inserted “up to a limit of $19,000” after “scientific and technical personnel”.
Subsec. (e). Pub. L. 85–162
, § 201, inserted “(at the time of the initial grant of any privilege grant, lease, or permit, or renewal thereof, or in order to avoid inequities or undue hardship prior to the sale by the United States of property affected by such grant)” after “adjusted terms which”.
Subsec. (s). Pub. L. 85–162
, § 204, added subsec. (s).
1956—Subsec. (e). Act July 14, 1956, inserted proviso relating to negotiation of commercial leases without advertising by the Commission.
Subsec. (r). Act Aug. 6, 1956, added subsec. (r).
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100–449
effective on the date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) ofPub. L. 100–449
, set out in a note under section
, Customs Duties.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–452
effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 ofPub. L. 91–452
, set out as an Effective Date; Savings Provision note under section
, Crimes and Criminal Procedure.
Effective Date of 1962 Amendments
Amendment by Pub. L. 87–793
effective on first day of first pay period which begins on or after Oct. 11, 1962, see Pub. L. 87–793
, title VI, § 1008,Oct. 11, 1962, 76 Stat. 868
Repeal of subsec. (l) effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see Pub. L. 87–456
, title V, § 501(a),May 24, 1962, 76 Stat. 78
Effective Date of 1958 Amendment
For effective date of amendment by Pub. L. 85–507
, see Pub. L. 85–507
, § 21(a),July 7, 1958, 72 Stat. 337
References to United States Enrichment Corporation
References 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) ofPub. L. 104–134
, set out as a note under former section
of this title.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section
529 [title I, § 101(c)(1)] of Pub. L. 101–509
, set out in a note under section
Organizational Conflicts of Interest
Pub. L. 95–209
, § 7,Dec. 13, 1977, 91 Stat. 1483
, provided that: “The Commission shall by December 31, 1977, promulgate guidelines to be applied by the Commission in determining whether an organization proposing to enter into a contractual arrangement with the Commission has a conflict of interest which might impair the contractor’s judgment or otherwise give the contractor an unfair competitive advantage.”
Applicability to Functions Transferred by Department of Energy Organization Act
Pub. L. 95–91
, title VII, § 709(c)(2),Aug. 4, 1977, 91 Stat. 608
, provided that: “Section 161(d) of the Atomic Energy Act of 1954 [subsec. (d) of this section] shall not apply to functions transferred by this Act [see Short Title note set out under section
of this title].”
Termination of Advisory Boards
Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 ofPub. L. 92–463
, Oct. 6, 1972, 86 Stat. 770
, 776, set out in the Appendix to Title 5, Government Organization and Employees.
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Members of the Nuclear Regulatory Commission, see Parts 1, 2, and 21 of Ex. Ord. No. 12656, Nov. 18, 1988, 53
, set out as a note under section
of this title.
Principal Office Building for Atomic Energy Commission
Act May 6, 1955, ch. 34, 69 Stat. 47
, as amended by Pub. L. 85–107
, July 17, 1957, 71 Stat. 307
, authorized Atomic Energy Commission to acquire a suitable site in or near District of Columbia and, notwithstanding any other provision of law, to provide for construction on such site, in accordance with plans and specifications prepared by or under direction of Commission, of a modern office building to serve as principal office of Commission at a total cost of not to exceed $13,300,000 and authorized to be appropriated such sums as were necessary.
Report With Respect to Renegotiations, Reappraisals, and Sales Proceedings
Pub. L. 85–162
, title II, § 203,Aug. 21, 1957, 71 Stat. 410
, directed Atomic Energy Commission, Federal Housing Administration, and Housing and Home Finance Agency to report to Joint Committee by Jan. 31, 1958, with respect to renegotiations, reappraisals, and sales proceedings authorized under sections 201 and 202 ofPub. L. 85–162
[amending subsec. (e) of this section and enacting section
of this title].