---
kind: "section"
citation: "42 U.S.C. § 2243"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2243"
heading: "Licensing of uranium enrichment facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2243"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XV — Judicial Review and Administrative Procedure"
---

# §2243. Licensing of uranium enrichment facilities

- (a) **Environmental impact statement—**
  - (1) **Major Federal action—** The issuance of a license under sections [2073](/usc/42/2073.md) and [2093](/usc/42/2093.md) of this title for the [construction](/usc/42/300s–3.md?p=7) and operation of any [uranium enrichment](/usc/42/2297h.md?p=14) facility shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.).
  - (2) **Timing—** An environmental impact statement prepared under [paragraph (1)](#a-1) shall be prepared before the hearing on the issuance of a license for the [construction](/usc/42/300s–3.md?p=7) and operation of a [uranium enrichment](/usc/42/2297h.md?p=14) facility is completed.
- (b) **Adjudicatory hearing—**
  - (1) **In general—** The [Commission](/usc/42/2014.md?p=f) shall conduct a single adjudicatory hearing on the record with regard to the licensing of the [construction](/usc/42/300s–3.md?p=7) and operation of a [uranium enrichment](/usc/42/2297h.md?p=14) facility under sections [2073](/usc/42/2073.md) and [2093](/usc/42/2093.md) of this title.
  - (2) **Timing—** Such hearing shall be completed and a decision issued before the issuance of a license for such [construction](/usc/42/300s–3.md?p=7) and operation.
  - (3) **Single proceeding—** No further [Commission](/usc/42/2014.md?p=f) licensing action shall be required to authorize operation.
- (c) **Inspection and operation—** Prior to commencement of operation of a [uranium enrichment](/usc/42/2297h.md?p=14) facility licensed hereunder, the [Commission](/usc/42/2014.md?p=f) shall verify through inspection that the facility has been constructed in accordance with the requirements of the license for [construction](/usc/42/300s–3.md?p=7) and operation. The [Commission](/usc/42/2014.md?p=f) shall publish notice of the inspection results in the Federal Register.
- (d) **Insurance and decommissioning—**
  - (1) The [Commission](/usc/42/2014.md?p=f) shall require, as a condition of the issuance of a license under sections [2073](/usc/42/2073.md) and [2093](/usc/42/2093.md) of this title for a [uranium enrichment](/usc/42/2297h.md?p=14) facility, that the licensee have and maintain liability insurance of such type and in such amounts as the [Commission](/usc/42/2014.md?p=f) judges appropriate to cover liability claims arising out of any occurrence within the [United States](/usc/42/2014.md?p=bb), causing, within or outside the [United States](/usc/42/2014.md?p=bb), 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 chemical compounds containing source or [special nuclear material](/usc/42/2014.md?p=aa).
  - (2) The [Commission](/usc/42/2014.md?p=f) shall require, as a condition for the issuance of a license under sections [2073](/usc/42/2073.md) and [2093](/usc/42/2093.md) of this title for a [uranium enrichment](/usc/42/2297h.md?p=14) facility, that the licensee provide adequate assurance of the availability of funds for the decommissioning (including decontamination) of such facility using funding mechanisms that may include, but are not necessarily limited to, the following:
    - (A) Prepayment (in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities).
    - (B) Surety (in the form of a surety or performance bond, letter of credit, or line of credit), insurance, or other guarantee (including parent company guarantee) method.
    - (C) External sinking fund in which deposits are made at least annually.
- (e) **No Price-Anderson coverage—** [Section 2210 of this title](/usc/42/2210.md) shall not apply to any license under section [2073](/usc/42/2073.md) or [2093](/usc/42/2093.md) of this title for a [uranium enrichment](/usc/42/2297h.md?p=14) facility constructed after November 15, 1990.
- (f) **Limitation—** No license or certificate of compliance may be issued to the [United States](/usc/42/2014.md?p=bb) Enrichment [Corporation](/usc/42/2296b–7.md?p=1) or its successor under this section or sections[^1] 2073, 2093, or [2297f](/usc/42/2297f.md) of this title, if the [Commission](/usc/42/2014.md?p=f) determines that—
  - (1) the [Corporation](/usc/42/2296b–7.md?p=1) is owned, controlled, or dominated by an alien, a foreign [corporation](/usc/42/2296b–7.md?p=1), or a foreign government; or
  - (2) the issuance of such a license or certificate of compliance would be inimical to—
    - (A) the [common defense and security](/usc/42/2014.md?p=g) of the [United States](/usc/42/2014.md?p=bb); or
    - (B) the maintenance of a reliable and economical domestic source of enrichment services.

## Footnotes

[^1]: So in original. Probably should be “section”.

## Source credit

(Aug. 1, 1946, ch. 724, title I, § 193, as added Pub. L. 101–575, § 5(e), Nov. 15, 1990, 104 Stat. 2835; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 104–134, title III, § 3116(b)(2), Apr. 26, 1996, 110 Stat. 1321–349.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

### Amendments

1996—Subsec. (f). Pub. L. 104–134 added subsec. (f).

### Statutory Notes and Related Subsidiaries

### References to United States Enrichment Corporation

References to the United States Enrichment Corporation deemed, as of the privatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title.