DOE has explained the differences between the two approaches. DEP’T OF ENERGY OFFICE OF SCIENCE, About Fusions and Plasmas, https://science.energy.gov/fes/about/fusion-and-plasmas/. [2] 42 U.S.C. § 2014(cc). [3] 42 U.S.C. § 2014(c).

[1]. 42 U.S.C. § 2014(q) defines a “nuclear incident” as “any occurrence, including an extraordinary nuclear occurrence, within the United States causing . . . 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 source, special nuclear, or byproduct material . . . .” [2]. Cook v. Rockwell Int’l Corp., No. 14-1112, 2015 WL 3853593 (10th Cir. June 23, 2015) (selected for publication) (Cook II).

Honeywell responds that the definition of a nuclear incident should include any claim for property damage resulting from exposure to nuclear radiation. Under 42 U.S.C. § 2014(q), a nuclear incident is defined as “any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, 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 source, special nuclear, or byproduct material.”The Court holds that the material in question is “source, special nuclear, or byproduct material.”

The repeal is limited to “a person that is a subsidiary located in the United States— (A) for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and (B) that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program. The term “Proscribed Information” means information that is—(A) classified at the level of top secret; (B) communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys); (C) restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)); (D) special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg.