---
kind: "section"
citation: "42 U.S.C. § 2286g"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2286g"
heading: "“Department of Energy defense nuclear facility” defined"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2286g"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XVII–A — Defense Nuclear Facilities Safety Board"
---

# §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](/usc/42/2014.md?p=v) or [utilization facility](/usc/42/2014.md?p=cc) (as defined in [section 2014 of this title](/usc/42/2014.md)) that is under the control or jurisdiction of the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/2014.md?p=c) defense activities; or
  - (D) any facility owned by the [United States](/usc/42/2014.md?p=bb) Enrichment [Corporation](/usc/42/2296b–7.md?p=1).
- (2) A nuclear waste storage facility under the control or jurisdiction of the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/10101.md) et seq.) and licensed by the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f).

## 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.)

## Notes

### Editorial Notes

### References in Text

Executive Order No. 12344, referred to in par. (1)(A), is set out as a note under section 6102 of Title 10, Armed Forces.

The Nuclear Waste Policy Act of 1982, referred to in par. (2), is Pub. L. 97–425, Jan. 7, 1983, 96 Stat. 2201, 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 section 10101 of this title and Tables.

### Amendments

1992—Par. (1)(D). Pub. L. 102–486, § 902(a)(7), added subpar. (D).

1991—Par. (1)(B). Pub. L. 102–190 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 (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.