{"identifier":"/us/usc/t42/s2014","title":42,"num":"\u00a7\u202f2014.","heading":"Definitions","text":"\u00a7\u202f2014.\nDefinitions\nThe intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter:\n(a) The term \u201cagency of the United States\u201d means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.\n(b) The term \u201cagreement for cooperation\u201d means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to\nsection 2153 of this title\n(c) The term \u201catomic energy\u201d means all forms of energy released in the course of nuclear fission or nuclear transformation.\n(d) The term \u201catomic weapon\u201d means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.\n(e) The term \u201cbyproduct material\u201d means\u2014\n(1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;\n(2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content;\n(3)\n(A) any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after\nAugust 8, 2005\n(B) any material that\u2014\n(i) has been made radioactive by use of a particle accelerator, including by use of a fusion machine; and\n(ii) if made radioactive by use of a particle accelerator that is not a fusion machine, is produced, extracted, or converted after extraction, before, on, or after\nAugust 8, 2005\n(4) any discrete source of naturally occurring radioactive material, other than source material, that\u2014\n(A) the Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and\n(B) before, on, or after\nAugust 8, 2005\n(f) The term \u201cCommission\u201d means the Atomic Energy Commission.\n(g) The term \u201ccommon defense and security\u201d means the common defense and security of the United States.\n(h) The term \u201cdefense information\u201d means any information in any category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the national defense.\n(i) The term \u201cdesign\u201d means (1) specifications, plans, drawings, blueprints, and other items of like nature; (2) the information contained therein; or (3) the research and development data pertinent to the information contained therein.\n(j) The term \u201cextraordinary nuclear occurrence\u201d means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines to be substantial, and which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines has resulted or will probably result in substantial damages to persons offsite or property offsite. Any determination by the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, that such an event has, or has not, occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, shall establish criteria in writing setting forth the basis upon which such determination shall be made. As used in this subsection, \u201coffsite\u201d means away from \u201cthe location\u201d or \u201cthe contract location\u201d as defined in the applicable Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, indemnity agreement, entered into pursuant to\nsection 2210 of this title\n(k) The term \u201cfinancial protection\u201d means the ability to respond in damages for public liability and to meet the costs of investigating and defending claims and settling suits for such damages.\n(l) The term \u201cGovernment agency\u201d means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.\n(m) The term \u201cindemnitor\u201d means (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection; (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and (3) the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, with respect to any obligation undertaken by it in indemnity agreement entered into pursuant to\nsection 2210 of this title\n(n) The term \u201cinternational arrangement\u201d means any international agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does not include any agreement for cooperation.\n(o) The term \u201cEnergy Committees\u201d means the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.\n(p) The term \u201clicensed activity\u201d means an activity licensed pursuant to this chapter and covered by the provisions of\nsection 2210(a) of this title\n(q) The term \u201cnuclear incident\u201d means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material:\nProvided, however\nl\nAnd provided further\nsection 2210(d) of this title\nAnd provided further\nsection 2210(c) of this title\n(r) The term \u201coperator\u201d means any individual who manipulates the controls of a utilization or production facility.\n(s) The term \u201cperson\u201d means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing.\n(t) The term \u201cperson indemnified\u201d means (1) with respect to a nuclear incident occurring within the United States or outside the United States as the term is used in\nsection 2210(c) of this title\nsection 2210(d) of this title\n(u) The term \u201cproduce\u201d, when used in relation to special nuclear material, means (1) to manufacture, make, produce, or refine special nuclear material; (2) to separate special nuclear material from other substances in which such material may be contained; or (3) to make or to produce new special nuclear material.\n(v) The term \u201cproduction facility\u201d means (1) any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission. 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.\n(w) The term \u201cpublic liability\u201d means any legal liability arising out of or resulting from a nuclear incident 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), except: (i) claims under State or Federal workmen\u2019s compensation acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs; (ii) claims arising out of an act of war; and (iii) whenever used in subsections (a), (c), and (k) of\nsection 2210 of this title\nProvided\n(x) The term \u201cresearch and development\u201d means (1) theoretical analysis, exploration, or experimentation; or (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.\n(y) The term \u201cRestricted Data\u201d means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to\nsection 2162 of this title\n(z) The term \u201csource material\u201d means (1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of\nsection 2091 of this title\n(aa) The term \u201cspecial nuclear material\u201d means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of\nsection 2071 of this title\n(bb) The term \u201cUnited States\u201d when used in a geographical sense includes all territories and possessions of the United States, the Canal Zone and Puerto Rico.\n(cc) The term \u201cutilization facility\u201d means (1) any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission.\n(dd)\nFusion Machine.\u2014\nThe term \u201cfusion machine\u201d means a machine that is capable of\u2014\n(1) transforming atomic nuclei, through fusion processes, into different elements, isotopes, or other particles; and\n(2) directly capturing and using the resultant products, including particles, heat, or other electromagnetic radiation.\n(ee)\nHigh-level Radioactive Waste; Spent Nuclear Fuel.\u2014\nThe terms \u201chigh-level radioactive waste\u201d and \u201cspent nuclear fuel\u201d have the meanings given such terms in\nsection 10101 of this title\n(ff)\nLegal Costs.\u2014\nAs used in\nsection 2210 of this title\n(gg)\nNuclear Waste Activities.\u2014\nThe term \u201cnuclear waste activities\u201d, as used in\nsection 2210 of this title\nsection 213 of Public Law 96\u2013164\n93 Stat. 1265\n(hh)\nPrecautionary Evacuation.\u2014\nThe term \u201cprecautionary evacuation\u201d means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is\u2014\n(1) the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from the radiological properties of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste, and causes an evacuation; and\n(2) initiated by an official of a State or a political subdivision of a State, who is authorized by State law to initiate such an evacuation and who reasonably determined that such an evacuation was necessary to protect the public health and safety.\n(ii)\nPublic Liability Action.\u2014\nThe term \u201cpublic liability action\u201d, as used in\nsection 2210 of this title\nsection 2210 of this title\n(jj)\nTransuranic Waste.\u2014\nThe term \u201ctransuranic waste\u201d means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram, or in such other concentrations as the Nuclear Regulatory Commission may prescribe to protect the public health and safety.","url":"https://projectusc.org/usc/t42/s2014.html","content":[{"t":"sec","id":"/us/usc/t42/s2014","children":[{"t":"num","text":"\u00a7\u202f2014."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter:"},{"t":"subsec","id":"/us/usc/t42/s2014/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" The term \u201cagency of the United States\u201d means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/b","children":[{"t":"num","text":"(b)"},{"t":"content","text":" The term \u201cagreement for cooperation\u201d means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to ","children":[{"t":"ref","text":"section 2153 of this title","href":"/us/usc/t42/s2153","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" The term \u201catomic energy\u201d means all forms of energy released in the course of nuclear fission or nuclear transformation.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/d","children":[{"t":"num","text":"(d)"},{"t":"content","text":" The term \u201catomic weapon\u201d means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/e","children":[{"t":"num","text":"(e)"},{"t":"chapeau","text":" The term \u201cbyproduct material\u201d means\u2014"},{"t":"para","id":"/us/usc/t42/s2014/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2014/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2014/e/3","children":[{"t":"num","text":"(3)"},{"t":"subpara","id":"/us/usc/t42/s2014/e/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after ","children":[{"t":"text","text":"August 8, 2005","tail":", for use for a commercial, medical, or research activity; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2014/e/3/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" any material that\u2014"},{"t":"clause","id":"/us/usc/t42/s2014/e/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has been made radioactive by use of a particle accelerator, including by use of a fusion machine; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s2014/e/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" if made radioactive by use of a particle accelerator that is not a fusion machine, is produced, extracted, or converted after extraction, before, on, or after ","children":[{"t":"text","text":"August 8, 2005","tail":", for use for a commercial, medical, or research activity; and"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2014/e/4","children":[{"t":"num","text":"(4)"},{"t":"chapeau","text":" any discrete source of naturally occurring radioactive material, other than source material, that\u2014"},{"t":"subpara","id":"/us/usc/t42/s2014/e/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2014/e/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" before, on, or after ","children":[{"t":"text","text":"August 8, 2005","tail":", is extracted or converted after extraction for use in a commercial, medical, or research activity."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/f","children":[{"t":"num","text":"(f)"},{"t":"content","text":" The term \u201cCommission\u201d means the Atomic Energy Commission.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/g","children":[{"t":"num","text":"(g)"},{"t":"content","text":" The term \u201ccommon defense and security\u201d means the common defense and security of the United States.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/h","children":[{"t":"num","text":"(h)"},{"t":"content","text":" The term \u201cdefense information\u201d means any information in any category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the national defense.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" The term \u201cdesign\u201d means (1) specifications, plans, drawings, blueprints, and other items of like nature; (2) the information contained therein; or (3) the research and development data pertinent to the information contained therein.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/j","children":[{"t":"num","text":"(j)"},{"t":"content","text":" The term \u201cextraordinary nuclear occurrence\u201d means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines to be substantial, and which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines has resulted or will probably result in substantial damages to persons offsite or property offsite. Any determination by the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, that such an event has, or has not, occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, shall establish criteria in writing setting forth the basis upon which such determination shall be made. As used in this subsection, \u201coffsite\u201d means away from \u201cthe location\u201d or \u201cthe contract location\u201d as defined in the applicable Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, indemnity agreement, entered into pursuant to ","children":[{"t":"ref","text":"section 2210 of this title","href":"/us/usc/t42/s2210","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/k","children":[{"t":"num","text":"(k)"},{"t":"content","text":" The term \u201cfinancial protection\u201d means the ability to respond in damages for public liability and to meet the costs of investigating and defending claims and settling suits for such damages.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/l","children":[{"t":"num","text":"(l)"},{"t":"content","text":" The term \u201cGovernment agency\u201d means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/m","children":[{"t":"num","text":"(m)"},{"t":"content","text":" The term \u201cindemnitor\u201d means (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection; (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and (3) the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, with respect to any obligation undertaken by it in indemnity agreement entered into pursuant to ","children":[{"t":"ref","text":"section 2210 of this title","href":"/us/usc/t42/s2210","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/n","children":[{"t":"num","text":"(n)"},{"t":"content","text":" The term \u201cinternational arrangement\u201d means any international agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does not include any agreement for cooperation.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/o","children":[{"t":"num","text":"(o)"},{"t":"content","text":" The term \u201cEnergy Committees\u201d means the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/p","children":[{"t":"num","text":"(p)"},{"t":"content","text":" The term \u201clicensed activity\u201d means an activity licensed pursuant to this chapter and covered by the provisions of ","children":[{"t":"ref","text":"section 2210(a) of this title","href":"/us/usc/t42/s2210/a","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/q","children":[{"t":"num","text":"(q)"},{"t":"content","text":" The term \u201cnuclear incident\u201d means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: ","children":[{"t":"text","text":"Provided, however","tail":", That as the term is used in section 2210("},{"t":"text","text":"l","tail":") of this title, it shall include any such occurrence outside the United States: "},{"t":"text","text":"And provided further","tail":", That as the term is used in "},{"t":"ref","text":"section 2210(d) of this title","href":"/us/usc/t42/s2210/d","tail":", it shall include any such occurrence outside the United States: "},{"t":"text","text":"And provided further","tail":", That as the term is used in "},{"t":"ref","text":"section 2210(c) of this title","href":"/us/usc/t42/s2210/c","tail":", it shall include any such occurrence outside both the United States and any other nation if such occurrence arises out of or results from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material licensed pursuant to subchapters V, VI, VII, and IX of this division, which is used in connection with the operation of a licensed stationary production or utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Nuclear Regulatory Commission to another person licensed by the Nuclear Regulatory Commission."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/r","children":[{"t":"num","text":"(r)"},{"t":"content","text":" The term \u201coperator\u201d means any individual who manipulates the controls of a utilization or production facility.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/s","children":[{"t":"num","text":"(s)"},{"t":"content","text":" The term \u201cperson\u201d means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/t","children":[{"t":"num","text":"(t)"},{"t":"content","text":" The term \u201cperson indemnified\u201d means (1) with respect to a nuclear incident occurring within the United States or outside the United States as the term is used in ","children":[{"t":"ref","text":"section 2210(c) of this title","href":"/us/usc/t42/s2210/c","tail":", and with respect to any nuclear incident in connection with the design, development, construction, operation, repair, maintenance, or use of the nuclear ship Savannah, the person with whom an indemnity agreement is executed or who is required to maintain financial protection, and any other person who may be liable for public liability or (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability by reason of his activities under any contract with the Secretary of Energy or any project to which indemnification under the provisions of "},{"t":"ref","text":"section 2210(d) of this title","href":"/us/usc/t42/s2210/d","tail":" has been extended or under any subcontract, purchase order, or other agreement, of any tier, under any such contract or project."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/u","children":[{"t":"num","text":"(u)"},{"t":"content","text":" The term \u201cproduce\u201d, when used in relation to special nuclear material, means (1) to manufacture, make, produce, or refine special nuclear material; (2) to separate special nuclear material from other substances in which such material may be contained; or (3) to make or to produce new special nuclear material.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" The term \u201cproduction facility\u201d means (1) any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission. 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/w","children":[{"t":"num","text":"(w)"},{"t":"content","text":" The term \u201cpublic liability\u201d means any legal liability arising out of or resulting from a nuclear incident 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), except: (i) claims under State or Federal workmen\u2019s compensation acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs; (ii) claims arising out of an act of war; and (iii) whenever used in subsections (a), (c), and (k) of ","children":[{"t":"ref","text":"section 2210 of this title","href":"/us/usc/t42/s2210","tail":", claims for loss of, or damage to, or loss of use of property which is located at the site of and used in connection with the licensed activity where the nuclear incident occurs. \u201cPublic liability\u201d also includes damage to property of persons indemnified: "},{"t":"text","text":"Provided","tail":", That such property is covered under the terms of the financial protection required, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/x","children":[{"t":"num","text":"(x)"},{"t":"content","text":" The term \u201cresearch and development\u201d means (1) theoretical analysis, exploration, or experimentation; or (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/y","children":[{"t":"num","text":"(y)"},{"t":"content","text":" The term \u201cRestricted Data\u201d means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to ","children":[{"t":"ref","text":"section 2162 of this title","href":"/us/usc/t42/s2162","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/z","children":[{"t":"num","text":"(z)"},{"t":"content","text":" The term \u201csource material\u201d means (1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of ","children":[{"t":"ref","text":"section 2091 of this title","href":"/us/usc/t42/s2091","tail":" to be source material; or (2) ores containing one or more of the foregoing materials, in such concentration as the Commission may by regulation determine from time to time."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/aa","children":[{"t":"num","text":"(aa)"},{"t":"content","text":" The term \u201cspecial nuclear material\u201d means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of ","children":[{"t":"ref","text":"section 2071 of this title","href":"/us/usc/t42/s2071","tail":", determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/bb","children":[{"t":"num","text":"(bb)"},{"t":"content","text":" The term \u201cUnited States\u201d when used in a geographical sense includes all territories and possessions of the United States, the Canal Zone and Puerto Rico.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/cc","children":[{"t":"num","text":"(cc)"},{"t":"content","text":" The term \u201cutilization facility\u201d means (1) any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/dd","children":[{"t":"num","text":"(dd)"},{"t":"heading","text":"Fusion Machine.\u2014"},{"t":"chapeau","text":"The term \u201cfusion machine\u201d means a machine that is capable of\u2014"},{"t":"para","id":"/us/usc/t42/s2014/dd/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" transforming atomic nuclei, through fusion processes, into different elements, isotopes, or other particles; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2014/dd/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" directly capturing and using the resultant products, including particles, heat, or other electromagnetic radiation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/ee","children":[{"t":"num","text":"(ee)"},{"t":"heading","text":"High-level Radioactive Waste; Spent Nuclear Fuel.\u2014"},{"t":"content","text":"The terms \u201chigh-level radioactive waste\u201d and \u201cspent nuclear fuel\u201d have the meanings given such terms in ","children":[{"t":"ref","text":"section 10101 of this title","href":"/us/usc/t42/s10101","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/ff","children":[{"t":"num","text":"(ff)"},{"t":"heading","text":"Legal Costs.\u2014"},{"t":"content","text":"As used in ","children":[{"t":"ref","text":"section 2210 of this title","href":"/us/usc/t42/s2210","tail":", the term \u201clegal costs\u201d means the costs incurred by a plaintiff or a defendant in initiating, prosecuting, investigating, settling, or defending claims or suits for damage arising under such section."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/gg","children":[{"t":"num","text":"(gg)"},{"t":"heading","text":"Nuclear Waste Activities.\u2014"},{"t":"content","text":"The term \u201cnuclear waste activities\u201d, as used in ","children":[{"t":"ref","text":"section 2210 of this title","href":"/us/usc/t42/s2210","tail":", means activities subject to an agreement of indemnification under subsection (d) of such section, that the Secretary of Energy is authorized to undertake, under this chapter or any other law, involving the storage, handling, transportation, treatment, or disposal of, or research and development on, spent nuclear fuel, high-level radioactive waste, or transuranic waste, including (but not limited to) activities authorized to be carried out under the Waste Isolation Pilot Project under "},{"t":"ref","text":"section 213 of Public Law 96\u2013164","href":"/us/pl/96/164/s213","tail":" ("},{"t":"ref","text":"93 Stat. 1265","href":"/us/stat/93/1265","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/hh","children":[{"t":"num","text":"(hh)"},{"t":"heading","text":"Precautionary Evacuation.\u2014"},{"t":"chapeau","text":"The term \u201cprecautionary evacuation\u201d means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is\u2014"},{"t":"para","id":"/us/usc/t42/s2014/hh/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from the radiological properties of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste, and causes an evacuation; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2014/hh/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" initiated by an official of a State or a political subdivision of a State, who is authorized by State law to initiate such an evacuation and who reasonably determined that such an evacuation was necessary to protect the public health and safety.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Public Liability Action.\u2014"},{"t":"content","text":"The term \u201cpublic liability action\u201d, as used in ","children":[{"t":"ref","text":"section 2210 of this title","href":"/us/usc/t42/s2210","tail":", means any suit asserting public liability. A public liability action shall be deemed to be an action arising under "},{"t":"ref","text":"section 2210 of this title","href":"/us/usc/t42/s2210","tail":", and the substantive rules for decision in such action shall be derived from the law of the State in which the nuclear incident involved occurs, unless such law is inconsistent with the provisions of such section."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s2014/jj","children":[{"t":"num","text":"(jj)"},{"t":"heading","text":"Transuranic Waste.\u2014"},{"t":"content","text":"The term \u201ctransuranic waste\u201d means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram, or in such other concentrations as the Nuclear Regulatory Commission may prescribe to protect the public health and safety.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}