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42 USC § 2286g - “Department of Energy defense nuclear facility” defined

---
identifier: "/us/usc/t42/s2286g"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 2286g - “Department of Energy defense nuclear facility” defined"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "2286g"
section_name: "“Department of Energy defense nuclear facility” defined"
chapter_number: 23
chapter_name: "DEVELOPMENT AND CONTROL OF ATOMIC ENERGY"
subchapter_number: "XVII–A"
subchapter_name: "DEFENSE NUCLEAR FACILITIES SAFETY BOARD"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 1, 1946, ch. 724, title I, § 318, as added Pub. L. 100–456, div. A, title XIV, § 1441(a)(1), Sept. 29, 1988, 102 Stat. 2083; amended Pub. L. 102–190, div. C, title XXXII, § 3202(b)(1), Dec. 5, 1991, 105 Stat. 1582; renumbered title I and amended Pub. L. 102–486, title IX, § 902(a)(7), (8), Oct. 24, 1992, 106 Stat. 2944.)"
---

# § 2286g. “Department of Energy defense nuclear facility” defined

As used in this subchapter, the term “Department of Energy defense nuclear facility” means any of the following:

**(1)** A production facility or utilization facility (as defined in section 2014 of this title) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes, but the term does not include—

**(A)** any facility or activity covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program;

**(B)** any facility or activity involved with the transportation of nuclear explosives or nuclear material;

**(C)** any facility that does not conduct atomic energy defense activities; or

**(D)** any facility owned by the United States Enrichment Corporation.

**(2)** A nuclear waste storage facility under the control or jurisdiction of the Secretary of Energy, but the term does not include a facility developed pursuant to the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) and licensed by the Nuclear Regulatory Commission.

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**Source Credit**: (Aug. 1, 1946, ch. 724, title I, § 318, as added Pub. L. 100–456, div. A, title XIV, § 1441(a)(1), Sept. 29, 1988, 102 Stat. 2083; amended Pub. L. 102–190, div. C, title XXXII, § 3202(b)(1), Dec. 5, 1991, 105 Stat. 1582; renumbered title I and amended Pub. L. 102–486, title IX, § 902(a)(7), (8), Oct. 24, 1992, 106 Stat. 2944.)

## Editorial Notes

### References in Text

Executive Order No. 12344, referred to in par. (1)(A), is set out as a note under , Armed Forces.

The Nuclear Waste Policy Act of 1982, referred to in par. (2), is , , , which is classified generally to chapter 108 (§ 10101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Amendments

1992—Par. (1)(D). , added subpar. (D).

1991—Par. (1)(B).  struck out “with the assembly or testing of nuclear explosives or” after “involved”.

## Statutory Notes and Related Subsidiaries

### References to United States Enrichment Corporation

References to the United States Enrichment Corporation deemed, as of the privatization date (), to be references to the private corporation, see , set out as a note under former .