U.S. Code » Title 42 » Chapter CHAPTER 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Division Division A— Atomic Energy › Subchapter SUBCHAPTER XV— JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

42 U.S.C. § 2231

Applicability of administrative procedure provisions; definitions

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(a) 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.

(b) Efficient licensing reviewsThe Commission shall provide for efficient and timely reviews and proceedings for the granting, suspending, revoking, or amending of any—(1) license or construction permit; or(2) application to transfer control.(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), June 30, 1980, 94 Stat. 789; Pub. L. 97–90, title II, § 210(b), Dec. 4, 1981, 95 Stat. 1170; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 118–67, div. B, title V, § 505(b), July 9, 2024, 138 Stat. 1478.)Editorial NotesReferences 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), Sept. 6, 1966, 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 Aug. 1, 1946, by act Aug. 30, 1954.

Amendments

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.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1970–2024 · leading case: Citizens Awareness Network, Inc. v. United States, 391 F.3d 338 (1st Cir. 2004).
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Citizens Awareness Network, Inc. v. United States, 391 F.3d 338 (1st Cir. 2004). “The APA, which is made applicable to the Commission by 42 U.S.C. § 2231 , defines an order as “the whole or a part of a final *346 disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making 5 U.”
Envirocare of Utah, Inc. v. Nuclear Regulatory Comm'n, 194 F.3d 72 (D.C. Cir. 1999). “Although it appears that the Administrative Procedure Act applies to the Nuclear Regulatory Commission, see 42 U.S.C. § 2231 , Emb-rocare has not invoked the APA’s administrative standing provision, which reads: "So far as the orderly conduct of public business permits, an…”
Union of Concerned Scientists v. Atomic Energy Comm'n & United States of Am., Boston Edison Co., Intervenor, 499 F.2d 1069 (D.C. Cir. 1974). “§ 557 (c), and 42 U.S.C. § 2231 . The evidentiary point is founded upon 10 C.”
Aleut League v. Atomic Energy Comm'n, 337 F. Supp. 534 (D. Alaska 1971). · cites it 3× “42 U.S.C. § 2231 provides in pertinent part that the provisions of the Adminis *542 trative Procedure Act shall apply to all agency action taken under this chapter, and the terms “agency” and “agency action” shall have the meaning specified in the Administrative Procedure Act.”
San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n, 100 F.4th 1039 (9th Cir. 2024). “Under the APA, which applies to NRC actions taken pursuant to the Atomic Energy Act, see 42 U.S.C. § 2231 , “[w]hen a licensee has made timely and sufficient application for a renewal .”
Crowther v. Seaborg, 312 F. Supp. 1205 (D. Colo. 1970). “42 U.S.C.A. § 2231 provides that the term “agency action” for the purposes of review of the AEC shall have the meaning specified in the APA.”
Gage v. Commonwealth Edison Co., 356 F. Supp. 80 (N.D. Ill. 1972). “Pursuant to 42 U.S.C. § 2231 , actions of the AEC are governed by that Act; hence, allegations of improper action by the AEC render sovereign immunity is inapplicable in this case.”
Nuclear Data, Inc. v. Atomic Energy Comm'n, 344 F. Supp. 719 (N.D. Ill. 1972). “Specifically, Plaintiff refers to section 181 of the Atomic Energy Act, 42 U.S.C. § 2231 , which provides that all provisions of the APA are applicable to “all agency action taken under this chapter”.”
San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n, 789 F.2d 26 (D.C. Cir. 1986). “We will first establish that this case concerns only the likelihood of the simultaneous occurrence of an earthquake and a radiological emergency arising from an independent cause. We then turn to the probability of such an event and show why the Commission’s decision to exclude…”
Morningside Renewal Council, Inc. v. United States Atomic Energy Comm'n, 482 F.2d 234 (2d Cir. 1973). “The Administrative Procedure Act, which is specifically made applicable to proceedings of this type by Section 181 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2231 , contemplates that when an initial decision is subject to review within an agency, the reviewing…”
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