Title 42 — The Public Health and Welfare
Chapter 23 — Development and Control of Atomic Energy
§ 2231. Applicability of administrative procedure provisions; definitions
Statutory text
In general
The provisions of subchapter II of chapter 5, and chapter 7, of title 5 shall apply to all agency action taken under this chapter, and the terms “agency” and “agency action” shall have the meaning specified in section 551 of title 5: Provided, however, That in the case of agency proceedings or actions which involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of section 2167 of this title or information protected from dissemination under the authority of section 2168 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title were not involved.
Efficient licensing reviews
The Commission shall provide for efficient and timely reviews and proceedings for the granting, suspending, revoking, or amending of any—
license or construction permit; or
application to transfer control.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 83–724 · 68 Stat. 998
Enacted · 42 U.S.C. § 2231
Aug. 1, 1946, ch. 724, title I, § 181, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953
Source evidence
Code source credit
Aug. 1, 1946, ch. 724, title I, § 181, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953Pub. L. 96–295 title II § 207(b) · 94 Stat. 780
Inserted · 42 U.S.C. § 2231
Pub. L. 96–295 inserted references and made provisions applicable to safeguards information
Source evidence
Code amendment note
Pub. L. 96–295 inserted references and made provisions applicable to safeguards information.Enacted provision · exact public law section
(b) Section 181 of the Atomic Energy Act of 1954 is amended— 42 USC 2231. (1) by striking out “or defense information” the first time it appears and substituting “, defense information, or safeguards information protected from disclosure under the authority of section 147”; and Ante, p. 788. (2) by striking out “or defense information” in each other place it appears in such section and substituting “, defense information, or such safeguards information,”.Pub. L. 97–90 title II § 210(b) · 95 Stat. 1163
Substituted · 42 U.S.C. § 2231
Pub. L. 97–90, in proviso, substituted “involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of section 2167 of this title or information protected from dissemination under the authority of section 2168 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title were not involved” for “involve Restricted Data, defense information, or safeguards information protected from disclosure under the authority of section 2167 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, or such safeguards information, to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, or such safeguards information, were not involved”
Source evidence
Code amendment note
Pub. L. 97–90, in proviso, substituted “involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of section 2167 of this title or information protected from dissemination under the authority of section 2168 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title were not involved” for “involve Restricted Data, defense information, or safeguards information protected from disclosure under the authority of section 2167 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, or such safeguards information, to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, or such safeguards information, were not involved”.Enacted provision · exact public law section
(b) Section 181 of such Act (42 U.S.C. 2231) is amended— (1) by striking out “or” before “safeguards information protected”; (2) by inserting “or information protected from dissemination under the authority of section 148” after “section 147”; and (3) by striking out “, defense information, or such safeguards information,” each place it appears and inserting in lieu thereof “, defense information, such safeguards information, or information protected from dissemination under the authority of section 148”.Pub. L. 118–67 div. B title V § 505(b) · 138 Stat. 1478
Amended · 42 U.S.C. § 2231
Pub. L. 118–67 designated existing provisions as subsec. (a)
Inserted · 42 U.S.C. § 2231
Pub. L. 118–67 inserted heading
Added · 42 U.S.C. § 2231
Pub. L. 118–67 added subsec. (b)
Unresolved: Pub. L. 118–67 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–67 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
2 of 6 references resolved to an enrolled provision · 1 partial · 3 unresolved
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), 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.
Codification
“Subchapter II of chapter 5, and chapter 7, of title 5” substituted in subsec. (a) for the first reference to the Administrative Procedure Act on authority of Pub. L. 89–554, § 7(b), , 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. “Section 551 of title 5” substituted for the second reference to the Administrative Procedure Act to reflect the codification of the definitions of “agency” and “agency action” in that section. Prior to the enactment of Title 5, the Administrative Procedure Act was classified to sections 1001 to 1011 of Title 5.
Prior Provisions
Provisions similar to subsec. (a) of this section were contained in section 1814(a), (c) of this title, prior to the general amendment and renumbering of act , by act .
Amendments1980–2024 · 3 rounds
2024
Pub. L. 118–67 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1981
Pub. L. 97–90, in proviso, substituted “involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of section 2167 of this title or information protected from dissemination under the authority of section 2168 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of section 2168 of this title were not involved” for “involve Restricted Data, defense information, or safeguards information protected from disclosure under the authority of section 2167 of this title, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, or such safeguards information, to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, or such safeguards information, were not involved”.
1980
Pub. L. 96–295 inserted references and made provisions applicable to safeguards information.
Credits
1946–2024 · 5 acts
- 1946Aug. 1, 1946, ch. 724, title I, § 181, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953
- 1980amended Pub. L. 96–295, title II, § 207(b), , 94 Stat. 789
- 1981Pub. L. 97–90, title II, § 210(b), , 95 Stat. 1170
- 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944
- 2024Pub. L. 118–67, div. B, title V, § 505(b), , 138 Stat. 1478.
Show as published
(Aug. 1, 1946, ch. 724, title I, § 181, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953; amended Pub. L. 96–295, title II, § 207(b), , 94 Stat. 789; Pub. L. 97–90, title II, § 210(b), , 95 Stat. 1170; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944; Pub. L. 118–67, div. B, title V, § 505(b), , 138 Stat. 1478.)