42 U.S.C. § 5846

Compliance with safety regulations

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(a) Notification to Commission of noncomplianceAny individual director, or responsible officer of a firm constructing, owning, operating, or supplying the components of any facility or activity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended [42 U.S.C. 2011 et seq.], or pursuant to this chapter, who obtains information reasonably indicating that such facility or activity or basic components supplied to such facility or activity—(1) fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to substantial safety hazards, or(2) contains a defect which could create a substantial safety hazard, as defined by regulations which the Commission shall promulgate,shall immediately notify the Commission of such failure to comply, or of such defect, unless such person has actual knowledge that the Commission has been adequately informed of such defect or failure to comply.(b) Penalty for failure to notify

Any person who knowingly and consciously fails to provide the notice required by subsection (a) of this section shall be subject to a civil penalty in an amount equal to the amount provided by section 234 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2282].

The requirements of this section shall be prominently posted on the premises of any facility licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.].

(d) Inspection and enforcement

The Commission is authorized to conduct such reasonable inspections and other enforcement activities as needed to insure compliance with the provisions of this section.

(Pub. L. 93–438, title II, § 206, Oct. 11, 1974, 88 Stat. 1246.)Editorial NotesReferences in Text

The Atomic Energy Act of 1954, referred to in subsecs. (a) and (c), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

Executive DocumentsTransfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.

Notes of Decisions

Cited in 13 cases (5 in the last 5 years), 1981–2026 · leading case: Loper Bright Enterprises v. Raimondo

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Loper Bright Enterprises v. Raimondo (2024) scotus “§ 213 (a)(15) (exempting from provisions of the Fair Labor Standards Act “any employee employed on a casual basis in domes- tic service employment to provide companionship services for individuals who (because of age or infrmity) are unable to care for themselves (as such terms…”

Natural Resources Defense Council v. Nuclear Regulatory Commission and United States of America (1981) cadc · cites it 4× “1246 (1974), codified at - 42 U.S.C. § 5846 (a)(2) (1976), (“Reorganization Act”), (hereinafter cited only to U.”

General Public Utilities Corp. v. United States (1982) paed · cites it 5× “Specifically, the Government’s statutory and regulatory obligations imposed by §§ 206 and 208 of the Energy Act, 42 U.S.C. §§ 5846 and 5848, and the regulations promulgated thereunder, create a duty on behalf of the Government to properly and carefully regulate, monitor and warn…”

William N. Clark v. Modern Group Ltd. John F. Smith (1993) ca3 “2d 1170 (1989) (employee, hired as expert in nuclear safety, discharged for making statutorily required report to Nuclear Regulatory Commission under Energy Reorganization Act, 42 U.S.C.A. § 5846 (West 1983)); Hunter v.”

Loper Bright Enterprises v. Raimondo (2024) scotus “§213 (a)(15) (exempting from provisions of the Fair Labor Standards Act “any employee employed on a casual basis in domestic service employment to provide companionship services for in- dividuals who (because of age or infirmity) are unable to care for them- selves (as such…”

Rudolf A. Norman and Thomas G. Bassett v. Niagara Mohawk Power Corporation (1989) ca2 “Section 206 of ERA, 42 U.S.C. § 5846 , requires that persons having notice of statutory violations or safety defects shall immediately notify the N/R Commission.”

Public Service Enterprise Group, Inc. v. Philadelphia Electric Co. (1989) njd “And while PECO, as the plant’s licensed operator, is legally bound to be candid with the NRC regarding the status of the plant and is required to bring to the NRC’s attention any aspect of the plant’s operations not in compliance with NRC regulations, see 42 U.S.C. § 5846 , its…”

Tanay v. Encore Healthcare, LLC (2011) paed “In Field , the plaintiff had an affirmative duty under the Energy Reorganization Act, 42 U.S.C. § 5846 , to report noncompliance and was subject to fines if he failed to do so.”

Brennan v. Cephalon, Inc. (2008) ca3 “The court stressed that the employee had a clear and direct affirmative duty under the Energy Reorganization Act of 1974, 42 U.S.C. § 5846 , to report his employer’s failure to comply with NRC regulations and faced fines if he failed to do so.”

O'Hara v. Alaron Corp. (2011) pactcompllawren · cites it 2× “In the amended complaint, the plaintiff states that the acts he reported were violations of Section 206(a) of the Energy Reorganization Act of 1974, 42 U.S.C. §5846 (a), 10 C.F.R. §§71.119 , 71.”

DUFFUS v. MAINEHEALTH (2025) med “42 U.S.C. § 5846 (a)(2). EMTALA, on the other hand, does not instruct the Secretary to define anything related to the stabilization or transfer requirements.”

Lesko v. United States (2025) cafc “§ 213 (a)(15); and then quot- ing 42 U.S.C. § 5846 (a)(2)). In each example, Congress’s statutory language identifies a particular term closely fol- lowed by language authorizing the agency to interpret that term.”

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