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US (United States) Code. Title 42. Chapter 73: Development of energy sources

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-CITE-

42 USC CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

-HEAD-

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

-MISC1-

Sec.

5801. Congressional declaration of policy and purpose.

(a) Development and utilization of energy sources.

(b) Necessity of establishing Energy Research and

Development Administration.

functions of Atomic Energy Commission.

(d) Small business participation.

(e) Priorities.

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

5811. Establishment of Energy Research and Development

Administration.

5812. Officers of Administration.

(a) Administrator; appointment.

(b) Deputy Administrator.

Administrator.

(d) Assistant Administrators; number; appointment;

qualifications.

(e) General Counsel.

(f) Additional officers.

(g) Director of Military Application; functions;

qualifications; compensation.

(h) Allocation of functions; responsibility for

international cooperation.

(i) Order of succession.

5813. Responsibilities of Administrator.

5814. Abolition and transfers.

(a) Abolition of Atomic Energy Commission.

(b) Transfer or lapse of functions of Atomic Energy

Commission.

transferred to Administrator.

(d) Transfer of General Advisory Committee, Patent

Compensation Board, and Divisions of Military

Application and Naval Reactors to

Administration.

(e) Transfer to Administrator of certain functions

of Secretary of the Interior and Department of

the Interior; study of potential energy

application of helium; report to President and

Congress.

(f) Transfer to Administrator of certain functions

of National Science Foundation.

(g) Transfer to Administrator of certain functions

of Environmental Protection Agency.

(h) Exercise of authority necessary or appropriate

to perform transferred functions and carry out

transferred programs.

(i) Utilization of technical and management

capabilities of other executive agencies;

assignment of specific programs or projects in

energy research and development.

5815. Administrative provisions.

(a) Rules and regulations.

(b) Policy planning and evaluation.

(d) Organization.

(e) Field offices.

(f) Seal.

(g) Working capital fund.

(h) Information from other agencies.

5816. Personnel and services.

(a) Appointment and compensation of officers and

employees.

(b) Employment of experts and consultants.

(d) Status of military personnel unaffected.

(e) Transportation and per diem expenses.

(f) Personnel of other agencies.

(g) Advisory boards.

(h) Employment of noncitizens.

5816a. Repealed.

5817. Powers of Administrator.

(a) Research and development.

(b) Facilities and real property.

(d) Acquisition of copyrights and patents.

(e) Dissemination of information.

(f) Gifts and bequests.

5817a. Employee-suggested research projects; approval;

funding; reports.

5818. Repealed.

5819. Report to Congress on future reorganization.

5820. Coordination with environmental efforts.

5821. Annual authorization Acts.

(a) General requirements; applicability to

appropriations.

(b) Requirements and limitations respecting funds

appropriated for operating expenses.

respecting funds appropriated for operating

expenses.

(d) Requirements respecting amounts appropriated in

annual appropriation Act for use in programs

in excess of amount actually authorized for

use in program not presented to, or requested

of Congress; reduction in aggregate amount

available for categories of coal, etc., from

sums appropriated.

(e) Requirements and limitations respecting merger

of amounts appropriated for operating expenses

or for plant and capital equipment.

(f) Availability until expended of amounts

appropriated for operating expenses or for

plant and capital equipment.

(g) Performance of construction design services by

Administrator.

(h) Retention and use for operating expenses, and

availability until expended, of moneys

received by Administration; exceptions.

(i) Requirements respecting transfers of sums

appropriated for operating expenses to other

Government agencies; merger of transferred

sums.

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR

WHISTLEBLOWER PROTECTION

5841. Establishment and transfers.

(a) Composition; Chairman; Acting Chairman; quorum;

official spokesman; seal; functions of

Chairman and Commission.

(b) Appointment of members.

(d) Submission of appointments to Senate.

(e) Removal of members; prohibition against

engagement in business or other employment.

(f) Transfer of licensing and regulatory functions

of Atomic Energy Commission.

(g) Additional transfers.

5842. Licensing and related regulatory functions respecting

selected Administration facilities.

5843. Office of Nuclear Reactor Regulation.

(a) Establishment; appointment of Director.

(b) Functions of Director.

facilities.

5844. Office of Nuclear Safety and Safeguards.

(a) Establishment; appointment of Director.

(b) Functions of Director.

materials; high-level radioactive wastes and

nuclear facilities.

5845. Office of Nuclear Regulatory Research.

(a) Establishment; appointment of Director.

(b) Functions of Director.

(d) Responsibility for safety of activities.

(e) Information and research services.

(f) Improved safety systems research.

5846. Compliance with safety regulations.

(a) Notification to Commission of noncompliance.

(b) Penalty for failure to notify.

(d) Inspection and enforcement.

5847. Nuclear energy center site survey.

5848. Abnormal occurrence reports.

5849. Other officers.

(a) Executive Director.

(b) Functions of Executive Director.

(d) Annual status report.

(e) Additional officers.

5850. Unresolved safety issues plan.

5851. Employee protection.

(a) Discrimination against employee.

(b) Complaint, filing and notification.

(d) Jurisdiction.

(e) Commencement of action.

(f) Enforcement.

(g) Deliberate violations.

(h) Nonpreemption.

(i) Posting requirement.

(j) Investigation of allegations.

5852. Availability of funds.

(a) Appropriations for salaries and expenses;

additional purposes.

(b) Appropriations for Office of Inspector General;

additional purposes.

(d) Use of funds to provide voluntary separation

incentive payments.

(e) Fiscal year applicability.

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

5871. Transitional provisions.

(a) Lapse of agency or other body from which

functions or programs have been transferred

and positions or offices therein.

(b) Continuation of orders, determinations, rules,

etc.

Atomic Energy Commission or other department

or agency.

(d) Effect of chapter on suits commenced prior to

effective date.

(e) Abatement of suits, actions, or other

proceedings by or against officer, department,

or agency.

(f) Continuation of suits; substitution of parties.

(g) Judicial review of orders and actions in

performance of transferred functions;

statutory requirements relating to notices,

hearings, action upon record, or

administrative review.

(h) References in other laws to department, agency,

officer, or office whose functions have been

transferred deemed reference to

Administration, Administrator, or Commission.

(i) Limitation, curtailment, etc., of presidential

functions or authority.

(j) References in chapter to provision of law

deemed to include references thereto as

amended or supplemented.

(k) Functions conferred by chapter deemed in

addition to and not substitution for functions

existing before effective date.

5872. Transfer of personnel.

(a) Provisions of law applicable.

(b) Prohibition against separation or reduction in

grade or compensation for one year after

transfer.

rate provided for previous position.

5873. Director of Office of Management and Budget; power to

make dispositions.

5874. Definitions.

5875. Authorization of appropriations.

5876. Comptroller General audit.

5877. Reports to President for submission to Congress.

(a) Report by Administrator on activities of

Administration.

(b) Review of desirability and feasibility of

transferring functions of Administrator

respecting military application and restricted

data to Department of Defense or other Federal

agencies; report by Administrator.

Commission.

5878. Information to Congressional committees.

5878a. Funding and encouragement of small business;

information for inclusion in report.

5879. Transfer of funds.

SUBCHAPTER IV - SEX DISCRIMINATION

5891. Sex discrimination prohibited.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 5905, 7135a, 7259a,

10141, 10155 of this title; title 15 sections 2507, 2705; title 22

section 3203.

-End-

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42 USC Sec. 5801 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

-HEAD-

Sec. 5801. Congressional declaration of policy and purpose

-STATUTE-

(a) Development and utilization of energy sources

The Congress hereby declares that the general welfare and the

common defense and security require effective action to develop,

and increase the efficiency and reliability of use of, all energy

sources to meet the needs of present and future generations, to

increase the productivity of the national economy and strengthen

its position in regard to international trade, to make the Nation

self-sufficient in energy, to advance the goals of restoring,

protecting, and enhancing environmental quality, and to assure

public health and safety.

(b) Necessity of establishing Energy Research and Development

Administration

The Congress finds that, to best achieve these objectives,

improve Government operations, and assure the coordinated and

effective development of all energy sources, it is necessary to

establish an Energy Research and Development Administration to

bring together and direct Federal activities relating to research

and development on the various sources of energy, to increase the

efficiency and reliability in the use of energy, and to carry out

the performance of other functions, including but not limited to

the Atomic Energy Commission's military and production activities

and its general basic research activities. In establishing an

Energy Research and Development Administration to achieve these

objectives, the Congress intends that all possible sources of

energy be developed consistent with warranted priorities.

Energy Commission

The Congress finds that it is in the public interest that the

licensing and related regulatory functions of the Atomic Energy

Commission be separated from the performance of the other functions

of the Commission, and that this separation be effected in an

orderly manner, pursuant to this chapter, assuring adequacy of

technical and other resources necessary for the performance of

each.

(d) Small business participation

The Congress declares that it is in the public interest and the

policy of Congress that small business concerns be given a

reasonable opportunity to participate, insofar as is possible,

fairly and equitably in grants, contracts, purchases, and other

Federal activities relating to research, development, and

demonstration of sources of energy efficiency, and utilization and

conservation of energy. In carrying out this policy, to the extent

practicable, the Administrator shall consult with the Administrator

of the Small Business Administration.

(e) Priorities

Determination of priorities which are warranted should be based

on such considerations as power-related values of an energy source,

preservation of material resources, reduction of pollutants, export

market potential (including reduction of imports), among others. On

such a basis, energy sources warranting priority might include, but

not be limited to, the various methods of utilizing solar energy.

-SOURCE-

(Pub. L. 93-438, Sec. 2, Oct. 11, 1974, 88 Stat. 1233.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

"this Act", meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233,

as amended, which enacted this chapter, amended sections 5313 to

5316 of Title 5, Government Organization and Employees, repealed

sections 2031 and 2032 of this title, and enacted provisions set

out as notes below. For complete classification of this Act to the

Code, see Short Title note below and Tables.

-MISC1-

EFFECTIVE DATE; INTERIM APPOINTMENTS

Section 312 of Pub. L. 93-438 provided that:

"(a) This Act [see Short Title note below] shall take effect one

hundred and twenty days after the date of its enactment [Oct. 11,

1974], or on such earlier date as the President may prescribe and

publish in the Federal Register [prescribed as Jan. 19, 1975, by

Ex. Ord. No. 11834, formerly set out below] except that any of the

officers provided for in title I of this Act [subchapter I of this

chapter] may be nominated and appointed, as provided by this Act,

at any time after the date of enactment of this Act. Funds

available to any department or agency (or any official or component

thereof), any functions of which are transferred to the

Administrator and the Commission by this Act, may, with the

approval of the President, be used to pay the compensation and

expenses of any officer appointed pursuant to this subsection until

such time as funds for that purpose are otherwise available.

"(b) In the event that any officer required by this Act to be

appointed by and with the advice and consent of the Senate shall

not have entered upon office on the effective date of this Act, the

President may designate any officer, whose appointment was required

to be made by and with the advice and consent of the Senate and who

was such an officer immediately prior to the effective date of this

Act, to act in such office until the office is filled as provided

in this Act. While so acting, such persons shall receive

compensation at the rates provided by this Act for the respective

offices in which they act."

SHORT TITLE

Section 1 of Pub. L. 93-438 provided that: "This Act [enacting

this chapter, repealing sections 2031 and 2032 of this title,

amending sections 5313 to 5316 of Title 5, Government Organization

and Employees, and enacting provisions set out as notes under this

section] may be cited as the 'Energy Reorganization Act of 1974'."

SEPARABILITY

Section 311 of Pub. L. 93-438 provided that: "If any provision of

this Act [See Short Title note above], or the application thereof

to any person or circumstance, is held invalid, the remainder of

this Act, and the application of such provision to other persons or

circumstances, shall not be affected thereby."

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-EXEC-

EXECUTIVE ORDER NO. 11834

Ex. Ord. No. 11834, eff. Jan. 15, 1975, 40 F.R. 2971, which

prescribed Jan. 19, 1975, as the effective date of this chapter,

was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5878a of this title.

-End-

-CITE-

42 USC SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT

ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5876 of this title.

-End-

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42 USC Sec. 5811 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5811. Establishment of Energy Research and Development

Administration

-STATUTE-

There is hereby established an independent executive agency to be

known as the Energy Research and Development Administration

(hereinafter in this chapter referred to as the "Administration").

-SOURCE-

(Pub. L. 93-438, title I, Sec. 101, Oct. 11, 1974, 88 Stat. 1234.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as

amended, which enacted this chapter, amended sections 5313 to 5316

of Title 5, Government Organization and Employees, repealed

sections 2031 and 2032 of this title, and enacted provisions set

out as notes under section 5801 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC Sec. 5812 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5812. Officers of Administration

-STATUTE-

(a) Administrator; appointment

There shall be at the head of the Administration an Administrator

of Energy Research and Development (hereinafter in this chapter

referred to as the "Administrator"), who shall be appointed from

civilian life by the President by and with the advice and consent

of the Senate. A person may not be appointed as Administrator

within two years after release from active duty as a commissioned

officer of a regular component of an Armed Force. The

Administration shall be administered under the supervision and

direction of the Administrator, who shall be responsible for the

efficient and coordinated management of the Administration.

(b) Deputy Administrator

There shall be in the Administration a Deputy Administrator, who

shall be appointed by the President, by and with the advice and

consent of the Senate.

The President shall appoint the Administrator and Deputy

Administrator from among individuals who, by reason of their

general background and experience are specially qualified to manage

a full range of energy research and development programs.

(d) Assistant Administrators; number; appointment; qualifications

There shall be in the Administration six Assistant

Administrators, one of whom shall be responsible for fossil energy,

another for nuclear energy, another for environment and safety,

another for conservation, another for solar, geothermal, and

advanced energy systems, and another for national security. The

Assistant Administrators shall be appointed by the President, by

and with the advice and consent of the Senate. The President shall

appoint each Assistant Administrator from among individuals who, by

reason of general background and experience, are specially

qualified to manage the energy technology area assigned to such

Assistant Administrator.

(e) General Counsel

There shall be in the Administration a General Counsel who shall

be appointed by the Administrator and who shall serve at the

pleasure of and be removable by the Administrator.

(f) Additional officers

There shall be in the Administration not more than eight

additional officers appointed by the Administrator. The positions

of such officers shall be considered career positions and be

subject to section 2201(d) of this title.

(g) Director of Military Application; functions; qualifications;

compensation

The Division of Military Application transferred to and

established in the Administration by section 5814(d) of this title

shall be under the direction of a Director of Military Application,

who shall be appointed by the Administrator and who shall serve at

the pleasure of and be removable by the Administrator and shall be

an active commissioned officer of the Armed Forces serving in

general or flag officer rank or grade. The functions,

qualifications, and compensation of the Director of Military

Application shall be the same as those provided under the Atomic

Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], for the

Assistant General Manager for Military Application.

(h) Allocation of functions; responsibility for international

cooperation

Officers appointed pursuant to this section shall perform such

functions as the Administrator shall specify from time to time. The

Administrator shall delegate to one such officer the special

responsibility for international cooperation in all energy and

related environmental research and development.

(i) Order of succession

The Deputy Administrator (or in the absence or disability of the

Deputy Administrator, or in the event of a vacancy in the office of

the Deputy Administrator, an Assistant Administrator, the General

Counsel or such other official, determined according to such order

as the Administrator shall prescribe) shall act for and perform the

functions of the Administrator during any absence or disability of

the Administrator or in the event of a vacancy in the office of the

Administrator.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 102, Oct. 11, 1974, 88 Stat. 1234.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in subsec.

(g), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 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.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

Division of Military Application transferred to Department of

Energy by former section 7158(b) of this title with that

organizational unit to be deemed an organizational unit established

by chapter 84 (Sec. 7101 et seq.) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5815 of this title.

-End-

-CITE-

42 USC Sec. 5813 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5813. Responsibilities of Administrator

-STATUTE-

The responsibilities of the Administrator shall include, but not

be limited to -

(1) exercising central responsibility for policy planning,

coordination, support, and management of research and development

programs respecting all energy sources, including assessing the

requirements for research and development in regard to various

energy sources in relation to near-term and long-range needs,

policy planning in regard to meeting those requirements,

undertaking programs for the optimal development of the various

forms of energy sources, managing such programs, and

disseminating information resulting therefrom;

(2) encouraging and conducting research and development,

including demonstration of commercial feasibility and practical

applications of the extraction, conversion, storage,

transmission, and utilization phases related to the development

and use of energy from fossil, nuclear, solar, geothermal, and

other energy sources;

(3) engaging in and supporting environmental, biomedical,

physical, and safety research related to the development of

energy sources and utilization technologies;

(4) taking into account the existence, progress, and results of

other public and private research and development activities,

including those activities of the Federal Energy Administration

relating to the development of energy resources using currently

available technology in promoting increased utilization of energy

resources, relevant to the Administration's mission in

formulating its own research and development programs;

(5) participating in and supporting cooperative research and

development projects which may involve contributions by public or

private persons or agencies, of financial or other resources to

the performance of the work;

(6) developing, collecting, distributing, and making available

for distribution, scientific and technical information concerning

the manufacture or development of energy and its efficient

extraction, conversion, transmission, and utilization;

(7) creating and encouraging the development of general

information to the public on all energy conservation technologies

and energy sources as they become available for general use, and

the Administrator, in conjunction with the Administrator of the

Federal Energy Administration shall, to the extent practicable,

disseminate such information through the use of mass

communications;

(8) encouraging and conducting research and development in

energy conservation, which shall be directed toward the goals of

reducing total energy consumption to the maximum extent

practicable, and toward maximum possible improvement in the

efficiency of energy use. Development of new and improved

conservation measures shall be conducted with the goal of the

most expeditious possible application of these measures;

(9) encouraging and participating in international cooperation

in energy and related environmental research and development;

(10) helping to assure an adequate supply of manpower for the

accomplishment of energy research and development programs, by

sponsoring and assisting in education and training activities in

institutions of higher education, vocational schools, and other

institutions, and by assuring the collection, analysis, and

dissemination of necessary manpower supply and demand data;

(11) encouraging and conducting research and development in

clean and renewable energy sources.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 103, Oct. 11, 1974, 88 Stat. 1235;

Pub. L. 95-39, title V, Sec. 510(a), June 3, 1977, 91 Stat. 200;

Pub. L. 102-486, title I, Sec. 143(b), Oct. 24, 1992, 106 Stat.

2843.)

-MISC1-

AMENDMENTS

1992 - Pars. (7) to (12). Pub. L. 102-486 redesignated pars. (8)

to (12) as (7) to (11), respectively, and struck out former par.

(7) which read as follows: "establishing, in accordance with the

National Energy Extension Service Act, an Energy Extension Service

to provide technical assistance, instruction, and practical

demonstrations on energy conservation measures and alternative

energy systems to individuals, businesses, and State and local

government officials;".

1977 - Pars. (7) to (12). Pub. L. 95-39 added par. (7) and

redesignated former pars. (7) to (11) as (8) to (12), respectively.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration and Federal Energy

Administration terminated and functions vested by law in their

respective Administrators transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5814, 5817 of this title.

-End-

-CITE-

42 USC Sec. 5814 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5814. Abolition and transfers

-STATUTE-

(a) Abolition of Atomic Energy Commission

The Atomic Energy Commission is hereby abolished. Sections 2031

and 2032 of this title are repealed.

(b) Transfer or lapse of functions of Atomic Energy Commission

All other functions of the Commission, the Chairman and members

of the Commission, and the officers and components of the

Commission are hereby transferred or allowed to lapse pursuant to

the provisions of this chapter.

Administrator

There are hereby transferred to and vested in the Administrator

all functions of the Atomic Energy Commission, the Chairman and

members of the Commission, and the officers and components of the

Commission, except as otherwise provided in this chapter.

(d) Transfer of General Advisory Committee, Patent Compensation

Board, and Divisions of Military Application and Naval Reactors

to Administration

The General Advisory Committee established pursuant to section

2036 (!1) of this title, the Patent Compensation Board established

pursuant to section 2187 of this title, and the Divisions of

Military Application and Naval Reactors established pursuant to

section 2035 of this title, are transferred to the Energy Research

and Development Administration and the functions of the Commission

with respect thereto, and with respect to relations with the

Military Liaison Committee established by section 2037 (!1) of this

title, are transferred to the Administrator.

(e) Transfer to Administrator of certain functions of Secretary of

the Interior and Department of the Interior; study of potential

energy application of helium; report to President and Congress

There are hereby transferred to and vested in the Administrator

such functions of the Secretary of the Interior, the Department of

the Interior, and officers and components of such department -

(1) as relate to or are utilized by the Office of Coal Research

established pursuant to the Act of July 1, 1960 (74 Stat. 336; 30

U.S.C. 661-669);

(2) as relate to or are utilized in connection with fossil fuel

energy research and development programs and related activities

conducted by the United States Bureau of Mines "energy centers"

and synthane plant to provide greater efficiency in the

extraction, processing, and utilization of energy resources for

the purpose of conserving those resources, developing alternative

energy resources, such as oil and gas secondary and tertiary

recovery, oil shale and synthetic fuels, improving methods of

managing energy-related wastes and pollutants, and providing

technical guidance needed to establish and administer national

energy policies; and

(3) as relate to or are utilized for underground electric power

transmission research.

The Administrator shall conduct a study of the potential energy

applications of helium and, within six months from October 11,

1974, report to the President and Congress his recommendations

concerning the management of the Federal helium programs, as they

relate to energy.

(f) Transfer to Administrator of certain functions of National

Science Foundation

There are hereby transferred to and vested in the Administrator

such functions of the National Science Foundation as relate to or

are utilized in connection with -

(1) solar heating and cooling development; and

(2) geothermal power development.

(g) Transfer to Administrator of certain functions of Environmental

Protection Agency

There are hereby transferred to and vested in the Administrator

such functions of the Environmental Protection Agency and the

officers and components thereof as relate to or are utilized in

connection with research, development, and demonstration, but not

assessment or monitoring for regulatory purposes, of alternative

automotive power systems.

(h) Exercise of authority necessary or appropriate to perform

transferred functions and carry out transferred programs

To the extent necessary or appropriate to perform functions and

carry out programs transferred by this chapter, the Administrator

and Commission may exercise, in relation to the functions so

transferred, any authority or part thereof available by law,

including appropriation Acts, to the official or agency from which

such functions were transferred.

(i) Utilization of technical and management capabilities of other

executive agencies; assignment of specific programs or projects

in energy research and development

In the exercise of his responsibilities under section 5813 of

this title, the Administrator shall utilize, with their consent, to

the fullest extent he determines advisable the technical and

management capabilities of other executive agencies having

facilities, personnel, or other resources which can assist or

advantageously be expanded to assist in carrying out such

responsibilities. The Administrator shall consult with the head of

each agency with respect to such facilities, personnel, or other

resources, and may assign, with their consent, specific programs or

projects in energy research and development as appropriate. In

making such assignments under this subsection, the head of each

such agency shall insure that -

(1) such assignments shall be in addition to and not detract

from the basic mission responsibilities of the agency, and

(2) such assignments shall be carried out under such guidance

as the Administrator deems appropriate.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 104, Oct. 11, 1974, 88 Stat. 1237;

Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b), (c), and (h), was in

the original "this Act", meaning Pub. L. 93-438, Oct. 11, 1974, 88

Stat. 1233, as amended, which enacted this chapter, amended

sections 5313 to 5316 of Title 5, Government Organization and

Employees, repealed sections 2031 and 2032 of this title, and

enacted provisions set out as notes under section 5801 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 5801 of this title and

Tables.

Section 2036 of this title, referred to in subsec. (d), was

repealed by Pub. L. 95-91, title VII, Sec. 709(c)(1), Aug. 4, 1977,

91 Stat. 608.

Section 2037 of this title, referred to in subsec. (d), was

repealed by Pub. L. 99-661, div. C, title I, Sec. 3137(c), Nov. 14,

1986, 100 Stat. 4066.

Act of July 1, 1960 (74 Stat. 336; 661-668), referred to in

subsec. (e)(1), probably means Pub. L. 86-599, July 7, 1960, 74

Stat. 336, which is classified principally to chapter 18 (Sec. 661

et seq.) of Title 30, Mineral Lands and Mining. For complete

classification of this Act to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (e)(2) pursuant to section 10(b) of Pub. L. 102-285, set

out as a note under section 1 of Title 30, Mineral Lands and

Mining.

-TRANS-

TRANSFER OF FUNCTIONS

GENERALLY

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

Division of Naval Reactors and Division of Military Applications,

both established under section 2035 of this title, and functions of

Energy Research and Development Administration with respect to

Military Liaison Committee, established by section 2037 of this

title, referred to in subsec. (d), transferred to Department of

Energy by section 7158 of this title, with such organizational

units to be deemed organizational units established by chapter 84

(Sec. 7101 et seq.) of this title.

Functions vested in, or delegated to, Secretary of Energy and

Department of Energy under or with respect to authorities formerly

exercised by Bureau of Mines, but limited to research and

development relating to increased efficiency of production

technology of solid fuel minerals, transferred to, and vested in,

Secretary of the Interior, by section 100 of Pub. L. 97-257, 96

Stat. 841, set out as a note under section 7152 of this title.

Functions of Secretary of the Interior, Department of the

Interior, and officers and components of Department of the Interior

exercised by Bureau of Mines relating to fuel supply and demand

analysis and data gathering, research and development relating to

increased efficiency of production technology of solid fuel

minerals other than research relating to mine health and safety and

research relating to environmental and leasing consequences of

solid fuel mining, and coal preparation and analysis, referred to

in subsec. (e), transferred to Secretary of Energy by section

7152(d) of this title.

DISTRIBUTION OF AUTHORITIES UNDER ATOMIC ENERGY ACT OF 1954

The legislative history of Pub. L. 93-438 (which is classified

principally to this chapter) was comprised in part by Senate Report

No. 93-980 and House Report No. 93-707. Senate Report No. 93-980

(similar provisions appear in House Report No. 93-707) contained

the following analysis showing the distribution by Pub. L. 93-438

of separately and jointly applicable authorities under the Atomic

Energy Act of 1954 (42 U.S.C. 2011 et seq.):

I. The following provisions of the Atomic Energy Act of 1954, as

heretofore amended, apply only to ERDA [Energy Research and

Development Administration]

Subsection 31b. [42 U.S.C. 2051(b)] (certain grants and

contributions).

Section 33 [42 U.S.C. 2053] ("Research for Others"); provided

that the NSLC retains authority to contract out for research as it

deems necessary to exercise its licensing and related regulatory

functions.

Chapter 5 [(sections 41-44) 42 U.S.C. 2061-2064] ("Production of

Special Nuclear Material").

Subsection 53c; 53d; and 53f. [42 U.S.C. 2073(c), (d), (f)]

(distributing special nuclear material).

Section 54 [42 U.S.C. 2074] ("Foreign Distribution of Special

Nuclear Material").

Section 56 [42 U.S.C. 2076] ("Guaranteed Purchase Prices").

Section 58 [42 U.S.C. 2078] ("Review").

Subsection 63c. [42 U.S.C. 2093(c)] (charges for distributing

source material).

Section 64 [42 U.S.C. 2094] ("Foreign Distribution of Source

Material").

Section 67 [42 U.S.C. 2097] ("Operations on Lands Belonging to

the United States").

Section 91 [42 U.S.C. 2121] ("Authority").

Section 142 [42 U.S.C. 2162] ("Classification and

Declassification of Restricted Data").

Section 143 [42 U.S.C. 2163] ("Department of Defense

Participation").

Subsections 144a; 144b; and 144c. [42 U.S.C. 2164(a)-(c)]

(international cooperation).

Subsection 151c; 151d; 151e. [42 U.S.C. 2181(c)-(e)] (certain

patent aspects).

Section 153 [42 U.S.C. 2183] ("Nonmilitary Utilization").

Section 154 [42 U.S.C. 2184] ("Injunctions").

Section 157 [42 U.S.C. 2187] ("Commission Patent Licenses").

Subsections 161e; 161m; 161r; 161t; 161u; and 161v. [42 U.S.C.

2201(e), (m), (r), (t)-(v)] (general provisions).

Section 164 [42 U.S.C. 2204] ("Electric Utility Contracts").

Section 167 [42 U.S.C. 2207] ("Claims Settlements").

II. The following provisions of the Atomic Energy Act of 1954, as

heretofore amended, apply only to NSLC [Nuclear Regulatory

Commission as enacted]

Subsection 53b. [42 U.S.C. 2073(b)] (minimum criteria for

licenses).

Subsection 53e. [42 U.S.C. 2073(e)] (licensing conditions).

Section 62 [42 U.S.C. 2092] ("License for Transfers Required").

Subsection 63b. [42 U.S.C. 2093(b)] (minimum criteria for

licenses).

Section 69 [42 U.S.C. 2099] ("Prohibition").

Section 101 [42 U.S.C. 2131] ("License Required").

Section 102 [42 U.S.C. 2132] ("Utilization and Production

Facilities for Industrial or Commercial Purposes").

Section 103 [42 U.S.C. 2133] ("Commercial Licenses").

Section 104 [42 U.S.C. 2134] ("Medical Therapy and Research and

Development").

Subsection 105c [42 U.S.C. 2135(c)] (licensing antitrust review).

Section 106 [42 U.S.C. 2136] ("Classes of Facilities").

Section 107 [42 U.S.C. 2137] ("Operators' Licenses").

Section 109 [42 U.S.C. 2139] ("Component Parts of Facilities").

Subsection 161h. [42 U.S.C. 2201(h)] (licensing activities).

Subsection 161w. [42 U.S.C. 2201(w)] (licensing charges).

Section 182 [42 U.S.C. 2232] ("License Applications").

Section 183 [42 U.S.C. 2233] ("Terms of License").

Section 184 [42 U.S.C. 2234] ("Inalienability of Licenses").

Section 185 [42 U.S.C. 2235] ("Construction Permits").

Subsections 186a. and 186b. [42 U.S.C. 2236(a), (b)] (license

revocation).

Section 187 [42 U.S.C. 2237] ("Modification of License").

Section 190 [42 U.S.C. 2240] ("Licensee Incident Reports").

Section 191 [42 U.S.C. 2241] ("Atomic Safety and Licensing

Board").

Section 192 [42 U.S.C. 2242] ("Temporary Operating License").

Section 272 [42 U.S.C. 2019] ("Applicability of Federal Power

Act").

Section 273 [42 U.S.C. 2020] ("Licensing of Government

Agencies").

Section 274 [42 U.S.C. 2021] ("Cooperation with States").

III. The following provisions of the Atomic Energy Act of 1954,

as heretofore amended, generally apply, respectively, to the

functions of the Administrator [Energy Research and Development

Administration] and to NSLC [Nuclear Regulatory Commission as

enacted]

Chapter 1 [(sections 1-3) 42 U.S.C. 2011-2013] ("Declaration,

Findings and Purpose"); provided that all references to

encouraging, promoting, utilizing, developing and participating in

atomic energy or the atomic industry shall not be applicable to the

NSLC.

Chapter 2 [(section 11) 42 U.S.C. 2014] ("Definitions"); provided

that (i) the determinations and criteria in j. [42 U.S.C. 2014(j)]

(extraordinary nuclear occurrences) shall be the responsibility of

the Administrator only in regard to activities and matters not

covered by the licensing and related regulatory facets of Section

170 of the Atomic Energy Act, as amended, [42 U.S.C. 2210] and (ii)

the determinations in v. (production facility), z. (source

material), aa. (special nuclear material), and cc. (utilization

facility) [42 U.S.C. 2014(v), (z), (aa), (cc)] shall be the

responsibility of the Administrator only in regard to facilities

and materials not subject to licensing and related regulatory

control by NSLC.

Chapter 3 [(sections 21-29) 42 U.S.C. 2031-2039]

("Organization"); except (i) as provided for in this bill, (ii) the

Inspection Division established by subsection 25c. [42 U.S.C.

2035(c)] will be transferred to NSLC and the ERDA Administrator

also will provide for the discharge of the inspection function

under subsection 25c. in ERDA, (iii) in regard to section 29 [42

U.S.C. 2039] ("Advisory Committee on Reactor Safeguards"), it is

intended that the ACRS be transferred to NSLC but that the ACRS

also be made available to ERDA as the Administrator may request to

perform such of the activities contemplated by section 29 as relate

to functions transferred to the Administrator.

Subsections 31a; 31c; and 31d. [42 U.S.C. 2051(a), (c), (d)]

(research assistance), and Section 32 [42 U.S.C. 2052] ("Research

By the Commission").

Section 51 [42 U.S.C. 2071]; provided, that the respective

determinations shall be made as indicated in Chapter 2 above.

Subsection 53a [42 U.S.C. 2073(a)]; provided, that subdivisions

(ii) and (iii) of said subsection (distributing and making

available special nuclear material) shall apply only to ERDA, and

subsection (i) (licenses) shall apply only to NSLC.

Section 55 [42 U.S.C. 2075] ("Acquisition").

Section 57 [42 U.S.C. 2077] ("Prohibition").

Section 61 [42 U.S.C. 2091] ("Source Material"); provided, that

the respective determinations shall be made as indicated in Chapter

2 above).

Subsection 63a. (source material) [42 U.S.C. 2093(a)]; provided,

that the authority to distribute shall apply only to ERDA and the

authority to license shall apply only to NSLC.

Section 65 [42 U.S.C. 2095] ("Reporting").

Section 66 [42 U.S.C. 2096] ("Acquisition").

Section 68 [42 U.S.C. 2098] ("Public and Acquired Lands").

Section 81 [42 U.S.C. 2111] ("Domestic Distribution"), and

Section 82 [42 U.S.C. 2112] ("Foreign Distribution of Byproduct

Material"); provided, that the authority to distribute shall apply

only to ERDA and the authority to license shall apply only to NSLC.

Section 92 [42 U.S.C. 2122] ("Prohibition").

Subsections 105a. and 105b. [42 U.S.C. 2135(a), (b)] (Antitrust

provisions and reporting).

Section 108 [42 U.S.C. 2138] ("War or National Emergency").

Section 110 [42 U.S.C. 2140] ("Exclusions"); it should be noted

that subsection 110a. is amended by section 202 of the bill [42

U.S.C. 5842].

Chapter 11 [(sections 121-125) 42 U.S.C. 2151-2154, 2153 note]

("International Activities"); provided, that, except for licensing

and regulatory aspects, the implementation of these provisions

shall be the responsibility of ERDA.

Section 141 [42 U.S.C. 2161] ("policy"); provided, that the

implementation of subsection 141a. shall be the responsibility of

ERDA.

Subsection 144d. [42 U.S.C. 2164(d)] (Presidential

authorization).

Section 145 [42 U.S.C. 2165] ("Restrictions"); except that only

the Administrator shall establish the basic standards and

procedures for the safeguarding of the national defense and

security.

Section 146 [42 U.S.C. 2166] ("General Provisions").

Subsection 151a and 151b. [42 U.S.C. 2181(a), (b)] (certain

inventions and discoveries).

Section 152 [42 U.S.C. 2182] ("Inventions Made or Conceived

During Commission Contracts").

Section 155 [42 U.S.C. 2185] ("Prior Art").

Section 156 [42 U.S.C. 2186] ("Commission Patent Licenses").

Section 158 [42 U.S.C. 2188] ("Monopolistic Use of Patents").

Section 159 [42 U.S.C. 2189] ("Federally Financed Research").

Section 160 [42 U.S.C. 2190] ("Saving Clause").

Subsections 161a., 161b., 161c., 161d., 161f., and 161g. [42

U.S.C. 2201(a)-(d), (f), (g)] (general authority).

Subsection 161i. and 161j. [42 U.S.C. 2201(i), (j)] (certain

regulations or orders and dispositions); provided, that the

Administrator shall establish the basic standards and procedures

respecting the national security.

Subsections 161k. [42 U.S.C. 2201(k)] (firearms); 161n. [42

U.S.C. 2201(n)] (delegations), provided that no functions delegated

to officers of NSLC shall include functions relating to the

development of atomic energy or the atomic industry; 161o. (reports

and records), 161p. (rules and regulations), 161q. (rights-of-way),

and 161s. (succession of authority) [42 U.S.C. 2201(o)-(q), (s)].

Section 162 [42 U.S.C. 2202] ("Contracts").

Section 163 [42 U.S.C. 2203] ("Advisory Committees").

Section 165 [42 U.S.C. 2205] ("Contract Practices").

Section 166 [42 U.S.C. 2206] ("Comptroller General Audit"); it

should be noted that section 305 of the bill [(section 306 as

passed) 42 U.S.C. 5876] also makes this section applicable to

ERDA's contracts for non nuclear activities.

Section 168 [42 U.S.C. 2208] ("Payments in Lieu of Taxes").

Section 169 [42 U.S.C. 2209] ("No Subsidy").

Section 170 [42 U.S.C. 2210] ("Indemnification and Limitation of

Liability").

Chapter 15 [(sections 171-174) 42 U.S.C. 2221-2224]

("Compensation for Private Property Acquired").

Section 181 [42 U.S.C. 2231] ("General").

Subsection 186c. [42 U.S.C. 2236(c)] (Retaking and Recapture);

provided that the Administrator shall establish the basic standards

and procedures in regard to safeguarding the national defense and

security.

Section 188 [42 U.S.C. 2238] ("Continued Operation of

Facilities"); provided, that findings and judgments respecting the

production program shall be the responsibility of the

Administrator.

Section 189 [42 U.S.C. 2239] ("Hearings and Judicial Review").

Chapter 17 [(sections 201-207) 42 U.S.C. 2251-2257] ("Joint

Committee on Atomic Energy").

Chapter 18 [(sections 221-234) 42 U.S.C. 2271-2282]

("Enforcement"); except for Section 234 [42 U.S.C. 2282] ("Civil

Monetary Penalties for Violation of Licensing Requirements") which

is applicable only to NSLC.

Section 241 [42 U.S.C. 2015] ("Transfer of Property").

Section 251 [42 U.S.C. 2016] ("Report to the Congress").

Section 261 [42 U.S.C. 2017] ("Appropriations").

Section 271 [42 U.S.C. 2018] ("Agency Jurisdiction").

Section 281 [42 U.S.C. 2011 note] ("Separability") and Section

291 [42 U.S.C. 2011 note] ("Short Title").

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5812, 5815, 5817, 5841 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5815 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5815. Administrative provisions

-STATUTE-

(a) Rules and regulations

The Administrator is authorized to prescribe such policies,

standards, criteria, procedures, rules, and regulations as he may

deem to be necessary or appropriate to perform functions now or

hereafter vested in him.

(b) Policy planning and evaluation

The Administrator shall engage in such policy planning, and

perform such program evaluation analyses and other studies, as may

be necessary to promote the efficient and coordinated

administration of the Administration and properly assess progress

toward the achievement of its missions.

Except as otherwise expressly provided by law, the Administrator

may delegate any of his functions to such officers and employees of

the Administration as he may designate, and may authorize such

successive redelegations of such functions as he may deem to be

necessary or appropriate.

(d) Organization

Except as provided in sections 5812 and 5814(d) of this title,

the Administrator may organize the Administration as he may deem to

be necessary or appropriate.

(e) Field offices

The Administrator is authorized to establish, maintain, alter, or

discontinue such State, regional, district, local, or other field

offices as he may deem to be necessary or appropriate to perform

functions now or hereafter vested in him.

(f) Seal

The Administrator shall cause a seal of office to be made for the

Administration of such device as he shall approve, and judicial

notice shall be taken of such seal.

(g) Working capital fund

The Administrator is authorized to establish a working capital

fund, to be available without fiscal year limitation, for expenses

necessary for the maintenance and operation of such common

administrative services as he shall find to be desirable in the

interests of economy and efficiency. There shall be transferred to

the fund the stocks of supplies, equipment, assets other than real

property, liabilities, and unpaid obligations relating to the

services which he determines will be performed through the fund.

Appropriations to the fund, in such amounts as may be necessary to

provide additional working capital, are authorized. The working

capital fund shall recover, from the appropriations and funds for

which services are performed, either in advance or by way of

reimbursement, amounts which will approximate the costs incurred,

including the accrual or annual leave and the depreciation of

equipment. The fund shall also be credited with receipts from the

sale or exchange of its property, and receipts in payment for loss

or damage to property owned by the fund.

(h) Information from other agencies

Each department, agency, and instrumentality of the executive

branch of the Government is authorized to furnish to the

Administrator, upon his request, any information or other data

which the Administrator deems necessary to carry out his duties

under this subchapter.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 105, Oct. 11, 1974, 88 Stat. 1238.)

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC Sec. 5816 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5816. Personnel and services

-STATUTE-

(a) Appointment and compensation of officers and employees

The Administrator is authorized to select, appoint, employ, and

fix the compensation of such officers and employees, including

attorneys, pursuant to section 2201(d) of this title as are

necessary to perform the functions now or hereafter vested in him

and to prescribe their functions.

(b) Employment of experts and consultants

The Administrator is authorized to obtain services as provided by

section 3109 of title 5.

The Administrator is authorized to provide for participation of

military personnel in the performance of his functions. Members of

the Army, the Navy, the Air Force, or the Marine Corps may be

detailed for service in the Administration by the appropriate

military Secretary, pursuant to cooperative agreements with the

Secretary, for service in the Administration in positions other

than a position the occupant of which must be approved by and with

the advice and consent of the Senate.

(d) Status of military personnel unaffected

Appointment, detail, or assignment to, acceptance of, and service

in, any appointive or other position in the Administration under

this section shall in no way affect the status, office, rank, or

grade which such officers or enlisted men may occupy or hold, or

any emolument, perquisite, right, privilege, or benefit incident to

or arising out of any such status, office, rank, or grade. A member

so appointed, detailed, or assigned shall not be subject to

direction or control by his Armed Force, or any officer thereof,

directly or indirectly, with respect to the responsibilities

exercised in the position to which appointed, detailed, or

assigned.

(e) Transportation and per diem expenses

The Administrator is authorized to pay transportation expenses,

and per diem in lieu of subsistence expenses, in accordance with

chapter 57 of title 5 for travel between places of recruitment and

duty, and while at places of duty, of persons appointed for

emergency, temporary, or seasonal services in the field service of

the Administration.

(f) Personnel of other agencies

The Administrator is authorized to utilize, on a reimbursable

basis, the services of any personnel made available by any

department, agency, or instrumentality, including any independent

agency of the Government.

(g) Advisory boards

The Administrator is authorized to establish advisory boards, in

accordance with the provisions of the Federal Advisory Committee

Act (Public Law 92-463), to advise with and make recommendations to

the Administrator on legislation, policies, administration,

research, and other matters.

(h) Employment of noncitizens

The Administrator is authorized to employ persons who are not

citizens of the United States in expert, scientific, technical, or

professional capacities whenever he deems it in the public

interest.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 106, Oct. 11, 1974, 88 Stat. 1239.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (g),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-MISC1-

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5919 of this title.

-End-

-CITE-

42 USC Sec. 5816a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5816a. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.

4304(b)(7), Feb. 10, 1996, 110 Stat. 664

-MISC1-

Section, Pub. L. 95-39, title III, Sec. 308, June 3, 1977, 91

Stat. 189; Pub. L. 96-470, title II, Sec. 203(d), Oct. 19, 1980, 94

Stat. 2243, related to financial statements of Department of Energy

officers and employees.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 4401

of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment

note under section 251 of Title 41, Public Contracts.

-End-

-CITE-

42 USC Sec. 5817 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5817. Powers of Administrator

-STATUTE-

(a) Research and development

The Administrator is authorized to exercise his powers in such

manner as to insure the continued conduct of research and

development and related activities in areas or fields deemed by the

Administrator to be pertinent to the acquisition of an expanded

fund of scientific, technical, and practical knowledge in energy

matters. To this end, the Administrator is authorized to make

arrangements (including contracts, agreements, and loans) for the

conduct of research and development activities with private or

public institutions or persons, including participation in joint or

cooperative projects of a research, developmental, or experimental

nature; to make payments (in lump sum or installments, and in

advance or by way of reimbursement, with necessary adjustments on

account of overpayments or underpayments); and generally to take

such steps as he may deem necessary or appropriate to perform

functions now or hereafter vested in him. Such functions of the

Administrator under this chapter as are applicable to the nuclear

activities transferred pursuant to this subchapter shall be subject

to the provisions of the Atomic Energy Act of 1954, as amended [42

U.S.C. 2011 et seq.], and to other authority applicable to such

nuclear activities. The nonnuclear responsibilities and functions

of the Administrator referred to in sections 5813 and 5814 of this

title shall be carried out pursuant to the provisions of this

chapter, applicable authority existing immediately before the

effective date of this chapter, or in accordance with the

provisions of chapter 4 of the Atomic Energy Act of 1954, as

amended (42 U.S.C. 2051-2053).

(b) Facilities and real property

Except for public buildings as defined in chapter 33 of title 40,

and with respect to leased space subject to the provisions of

Reorganization Plan Numbered 18 of 1950, the Administrator is

authorized to acquire (by purchase, lease, condemnation, or

otherwise), construct, improve, repair, operate, and maintain

facilities and real property as the Administrator deems to be

necessary in and outside of the District of Columbia. Such

authority shall apply only to facilities required for the

maintenance and operation of laboratories, research and testing

sites and facilities, quarters, and related accommodations for

employees and dependents of employees of the Administration, and

such other special-purpose real property as the Administrator deems

to be necessary in and outside the District of Columbia. Title to

any property or interest therein, real, personal, or mixed,

acquired pursuant to this section, shall be in the United States.

(1) The Administrator is authorized to provide, construct, or

maintain, as necessary and when not otherwise available, the

following for employees and their dependents stationed at remote

locations:

(A) Emergency medical services and supplies.

(B) Food and other subsistence supplies.

(D) Audiovisual equipment, accessories, and supplies for

recreation and training.

(E) Reimbursement for food, clothing, medicine, and other

supplies furnished by such employees in emergencies for the

temporary relief of distressed persons.

(F) Living and working quarters and facilities.

(G) Transportation for school-age dependents of employees to

the nearest appropriate educational facilities.

(2) The furnishing of medical treatment under subparagraph (A) of

paragraph (1) and the furnishing of services and supplies under

paragraphs (B) and (C) of paragraph (1) shall be at prices

reflecting reasonable value as determined by the Administrator.

(3) Proceeds from reimbursements under this section shall be

deposited in the Treasury and may be withdrawn by the Administrator

to pay directly the cost of such work or services, to repay or make

advances to appropriations or funds which do or will bear all or a

part of such cost, or to refund excess sums when necessary; except

that such payments may be credited to a service or working capital

fund otherwise established by law, and used under the law governing

such funds, if the fund is available for use by the Administrator

for performing the work or services for which payment is received.

(d) Acquisition of copyrights and patents

The Administrator is authorized to acquire any of the following

described rights if the property acquired thereby is for use in, or

is useful to, the performance of functions vested in him:

(1) Copyrights, patents, and applications for patents, designs,

processes, specifications, and data.

(2) Licenses under copyrights, patents, and applications for

patents.

(3) Releases, before suit is brought, for past infringement of

patents or copyrights.

(e) Dissemination of information

Subject to the provisions of chapter 12 of the Atomic Energy Act

of 1954, as amended (42 U.S.C. 2161-2166), and other applicable

law, the Administrator shall disseminate scientific, technical, and

practical information acquired pursuant to this subchapter through

information programs and other appropriate means, and shall

encourage the dissemination of scientific, technical, and practical

information relating to energy so as to enlarge the fund of such

information and to provide that free interchange of ideas and

criticism which is essential to scientific and industrial progress

and public understanding.

(f) Gifts and bequests

The Administrator is authorized to accept, hold, administer, and

utilize gifts, and bequests of property, both real and personal,

for the purpose of aiding or facilitating the work of the

Administration. Gifts and bequests of money and proceeds from sales

of other property received as gifts or bequests shall be deposited

in the Treasury and shall be disbursed upon the order of the

Administrator. For the purposes of Federal income, estate, and gift

taxes, property accepted under this section shall be considered as

a gift or bequest to the United States.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 107, Oct. 11, 1974, 88 Stat. 1240.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in

subsecs. (a) and (e), is act Aug. 1, 1946, ch. 724, as added by act

Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which

is classified generally to chapter 23 (Sec. 2011 et seq.) of this

title. Chapters 4 and 12 of the Atomic Energy Act of 1954, as

amended, are classified generally to subchapters III (Sec. 2051 et

seq.) and XI (Sec. 2161 et seq.), respectively, of division A of

chapter 23 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.

The effective date of this chapter, referred to in subsec. (a),

refers to the effective date of Pub. L. 93-438. See section 312 of

Pub. L. 93-438, set out as an Effective Date; Interim Appointments

note under section 5801 of this title.

Reorganization Plan Numbered 18 of 1950, referred to in subsec.

(b), is Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R.

3177, 64 Stat. 1270, which is set out in the Appendix to Title 5,

Government Organization and Employees.

-COD-

CODIFICATION

In subsec. (b), "chapter 33 of title 40" substituted for "the

Public Buildings Act of 1959, as amended" on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-MISC1-

AIR TRANSPORTATION OF PLUTONIUM; EXEMPT SHIPMENT OF PLUTONIUM

Pub. L. 94-187, title V, Dec. 31, 1975, 89 Stat. 1077, provided

that:

"Sec. 501. The Energy Research and Development Administration

shall not ship plutonium in any form by aircraft whether exports,

imports, or domestic shipment: Provided, That any exempt shipments

of plutonium, as defined by section 502, are not subject to this

restriction. This restriction shall be in force until the Energy

Research and Development Administration has certified to the Joint

Committee on Atomic Energy of the Congress that a safe container

has been developed and tested which will not rupture under crash

and blast testing equivalent to the crash and explosion of a

high-flying aircraft.

"Sec. 502. For the purposes of this title, the term 'exempt

shipments of plutonium' shall include the following:

"(1) Plutonium shipments in any form designed for medical

application.

"(2) Plutonium shipments which pursuant to rules promulgated by

the Administrator of the Energy Research and Development

Administration are determined to be made for purposes of national

security, public health and safety, or emergency maintenance

operations.

"(3) Shipments of small amounts of plutonium deemed by the

Administrator of the Energy Research and Development

Administration to require rapid shipment by air in order to

preserve the chemical, physical, or isotopic properties of the

transported item or material."

-End-

-CITE-

42 USC Sec. 5817a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5817a. Employee-suggested research projects; approval;

funding; reports

-STATUTE-

(a) Any Government-owned contractor operated laboratory, energy

research center, or other laboratory performing functions under

contract to the Administration may, with the approval of the

Administrator, use a reasonable amount of its operating budget for

the funding of employee-suggested research projects up to the pilot

stage of development. It shall be a condition of any such approval

that the director of the laboratory or center involved form an

internal review mechanism for determining which employee-suggested

projects merit funding in a given fiscal year; and any such project

may be funded in one or more succeeding years if the review process

indicates that it merits such funding.

(b) Each director of a laboratory or center specified in

subsection (a) of this section shall submit an annual report to the

Administrator on projects being funded under this section; and on

completion of each such project shall submit a report to the

Technical Information Center of the Administration for inclusion in

its data base.

-SOURCE-

(Pub. L. 95-39, title III, Sec. 303, June 3, 1977, 91 Stat. 189.)

-COD-

CODIFICATION

Section was not enacted as part of the Energy Reorganization Act

of 1974 which comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC Sec. 5818 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5818. Repealed. Pub. L. 95-91, title VII, Sec. 709(b), Aug. 4,

1977, 91 Stat. 608

-MISC1-

Section, Pub. L. 93-438, title I, Sec. 108, Oct. 11, 1974, 88

Stat. 1241; Pub. L. 94-385, title I, Secs. 162, 163, Aug. 14, 1976,

90 Stat. 1140, 1142; Pub. L. 95-39, title V, Sec. 510(b), (c), June

3, 1977, 91 Stat. 200, related to establishment of an Energy

Resources Council.

-EXEC-

EXECUTIVE ORDER NO. 11814

Ex. Ord. No. 11814, Oct. 11, 1974, 39 F.R. 36955, as amended by

Ex. Ord. No. 11819, Nov. 16, 1974, 39 F.R. 40743; Ex. Ord. No.

11855, May 1, 1975, 40 F.R. 19423, which related to the activation

of the Energy Resources Council, was revoked by Ex. Ord. No. 12083,

Sept. 27, 1978, 43 F.R. 44813, set out as a note under section 7101

of this title.

-End-

-CITE-

42 USC Sec. 5819 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5819. Report to Congress on future reorganization

-STATUTE-

(a) The President shall transmit to the Congress as promptly as

possible, but not later than June 30, 1975, such additional

recommendations as he deems advisable for organization of energy

and related functions in the Federal Government, including, but not

limited to, whether or not there shall be established (1) a

Department of Energy and Natural Resources, (2) an Energy Policy

Council, and (3) a consolidation in whole or in part of regulatory

functions concerning energy.

(b) This report shall replace and serve the purposes of the

report required by section 774(a)(4) of title 15.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 109, Oct. 11, 1974, 88 Stat. 1242.)

-End-

-CITE-

42 USC Sec. 5820 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5820. Coordination with environmental efforts

-STATUTE-

The Administrator is authorized to establish programs to utilize

research and development performed by other Federal agencies to

minimize the adverse environmental effects of energy projects. The

Administrator of the Environmental Protection Agency, as well as

other affected agencies and departments, shall cooperate fully with

the Administrator in establishing and maintaining such programs,

and in establishing appropriate interagency agreements to develop

cooperative programs and to avoid unnecessary duplication.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 110, Oct. 11, 1974, 88 Stat. 1242.)

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-MISC1-

RESEARCH APPLIED TO NATIONAL NEEDS; COORDINATION OF ENERGY RESEARCH

AND DEVELOPMENT ACTIVITIES

Pub. L. 94-471, Sec. 2(e)(3), Oct. 11, 1976, 90 Stat. 2053,

provided that: "In the conduct of the energy research and

development activities under the 'Research Applied to National

Needs' category, the National Science Foundation shall coordinate

all new energy research project awards with the Administrator of

the Energy Research and Development Administration or his

designee."

Similar provisions were contained in Pub. L. 94-86, Sec. 5, Aug.

9, 1975, 89 Stat. 430.

-End-

-CITE-

42 USC Sec. 5821 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER I - ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

-HEAD-

Sec. 5821. Annual authorization Acts

-STATUTE-

(a) General requirements; applicability to appropriations

All appropriations made to the Energy Research and Development

Administration or the Administrator shall, except as otherwise

provided by law, be subject to annual authorization in accordance

with section 2017 of this title, section 5915 of this title, and

section 5875 of this title. The provisions of this section shall

apply with respect to appropriations made pursuant to the Act

providing such authorization (hereinafter in this section referred

to as "annual authorization Acts").

(b) Requirements and limitations respecting funds appropriated for

operating expenses

(1) Funds appropriated pursuant to an annual authorization Act

for "Operating expenses" may be used for -

(A) the construction or acquisition of any facilities, or major

items of equipment, which may be required at locations other than

installations of the Administration, for the performance of

research, development, and demonstration activities, and

(B) grants to any organization for purchase or construction of

research facilities.

No such funds shall be used under this subsection for the

acquisition of land. Fee title to all such facilities and items of

equipment shall be vested in the United States, unless the

Administrator or his designee determines in writing that the

research, development, and demonstration authorized by such Act

would best be implemented by permitting fee title or any other

property interest to be vested in an entity other than the United

States; but before approving the vesting of such title or interest

in such entity, the Administrator shall (i) transmit such

determination, together with all pertinent data, to the Committee

on Science, Space, and Technology of the House of Representatives

and the Committee on Energy and Natural Resources of the Senate and

(ii) wait a period of thirty calendar days (not including any day

in which either House of Congress is not in session because of

adjournment of more than three calendar days to a day certain),

unless prior to the expiration of such period each such committee

has transmitted to the Administrator written notice to the effect

that such committee has no objection to the proposed action.

(2) No funds shall be used under paragraph (1) for any facility

or major item of equipment, including collateral equipment, if the

estimated cost to the Federal Government exceeds $5,000,000 in the

case of such a facility or $2,000,000 in the case of such an item

of equipment, unless such facility or item has been previously

authorized by the appropriate committees of the House of

Representatives and the Senate, or the Administrator -

(A) transmit to the appropriate committees of the House of

Representatives and the Senate a report on such facility or item

showing its nature, purpose, and estimated cost, and

(B) waits a period of thirty calendar days (not including any

day in which either House of Congress is not in session because

of adjournment of more than three calendar days to a day

certain), unless prior to the expiration of such period each such

committee has transmitted to the Administrator written notice to

the effect that such committee has no objection to the proposed

action.

appropriated for operating expenses

(1) Not to exceed 1 per centum of all funds appropriated pursuant

to any annual authorization Act for "Operating expenses" may be

used by the Administrator to construct, expand, or modify

laboratories and other facilities, including the acquisition of

land, at any location under the control of the Administrator, if

the Administrator determines that (A) such action would be

necessary because of changes in the national programs authorized to

be funded by such Act or because of new scientific or engineering

developments, and (B) deferral of such action until the enactment

of the next authorization Act would be inconsistent with the

policies established by Congress for the Administration.

(2) No funds may be obligated for expenditure or expended under

paragraph (1) for activities described in such paragraph unless -

(A) a period of thirty calendar days (not including any day in

which either House of Congress is not in session because of

adjournment of more than three calendar days to a day certain)

has passed after the Administrator has transmitted to the

appropriate committees of the House of Representatives and the

Senate a written report containing a full and complete statement

concerning (i) the nature of the construction, expansion, or

modification involved, (ii) the cost thereof, including the cost

of any real estate action pertaining thereto, and (iii) the

reason why such construction, expansion, or modification is

necessary and in the national interest, or

(B) each such committee before the expiration of such period

has transmitted to the Administrator a written notice to the

effect that such committee has no objection to the proposed

action;

except that this paragraph shall not apply to any project the

estimated total cost of which does not exceed $50,000.

(d) Requirements respecting amounts appropriated in annual

appropriation Act for use in programs in excess of amount

actually authorized for use in program not presented to, or

requested of Congress; reduction in aggregate amount available

for categories of coal, etc., from sums appropriated

(1) Except as otherwise provided in the authorization Act

involved -

(A) no amount appropriated pursuant to any annual authorization

Act may be used for any program in excess of the amount actually

authorized for that particular program by such Act, and

(B) no amount appropriated pursuant to any annual authorization

Act may be used for any program which has not been presented to,

or requested of the Congress,

unless (i) a period of thirty calendar days (not including any day

in which either House of Congress is not in session because of

adjournment of more than three calendar days to a day certain) has

passed after the receipt by the appropriate committees of the House

of Representatives and the Senate of notice given by the

Administrator containing a full and complete statement of the

action proposed to be taken and the facts and circumstances relied

upon in support of such proposed action, or (ii) each such

committee before the expiration of such period has transmitted to

the Administrator written notice to the effect that such committee

has no objection to the proposed action.

(2) Notwithstanding any other provision of this section or the

authorization Act involved, the aggregate amount available for use

within the categories of coal, petroleum and natural gas, oil

shale, solar, geothermal, nuclear energy (non-weapons), environment

and safety, and conservation from sums appropriated pursuant to an

annual authorization Act may not, as a result of reprograming, be

decreased by more than 10 per centum of the total of the sums

appropriated pursuant to such Act for those categories.

(e) Requirements and limitations respecting merger of amounts

appropriated for operating expenses or for plant and capital

equipment

Subject to the applicable requirements and limitations of this

section and the authorization Act involved, when so specified in an

appropriation Act, amounts appropriated pursuant to any annual

authorization Act for "Operating expenses" or for "Plant and

capital equipment" may be merged with any other amounts

appropriated for like purposes pursuant to any other Act

authorizing appropriations for the Administration: Provided, That

no such amounts appropriated for "Plant and capital equipment" may

be merged with amounts appropriated for "Operating expenses".

(f) Availability until expended of amounts appropriated for

operating expenses or for plant and capital equipment

When so specified in an appropriation Act, amounts appropriated

pursuant to any annual authorization Act for "Operating expenses"

or for "Plant and capital equipment" may remain available until

expended.

(g) Performance of construction design services by Administrator

The Administrator is authorized to perform construction design

services for any administration construction project whenever (1)

such construction project has been included in a proposed

authorization bill transmitted to the Congress by the

Administration, and (2) the Administration determines that the

project is of such urgency in order to meet the needs of national

defense or protection of life and property or health and safety

that construction of the project should be initiated promptly upon

enactment of legislation appropriating funds for its construction.

(h) Retention and use for operating expenses, and availability

until expended, of moneys received by Administration; exceptions

When so specified in appropriation Acts, any moneys received by

the Administration may be retained and used for operating expenses,

and may remain available until expended, notwithstanding the

provisions of section 3302(b) of title 31; except that -

(1) this subsection shall not apply with respect to sums

received from disposal of property under the Atomic Energy

Community Act of 1955 [42 U.S.C. 2301 et seq.] or the Strategic

and Critical Materials Stockpiling Act, as amended [50 U.S.C. 98

et seq.], or with respect to fees received for tests or

investigations under the Act of May 16, 1910, as amended (30

U.S.C. 7); and

(2) revenues received by the Administration from the enrichment

of uranium shall (when so specified) be retained and used for the

specific purpose of offsetting costs incurred by the

Administration in providing uranium enrichment service

activities.

(i) Requirements respecting transfers of sums appropriated for

operating expenses to other Government agencies; merger of

transferred sums

When so specified in an appropriation Act, transfers of sums from

the "Operating expenses" appropriation made pursuant to an annual

authorization Act may be made to other agencies of the Government

for the performance of the work for which the appropriation is

made, and in such cases the sums so transferred may be merged with

the appropriations to which they are transferred.

-SOURCE-

(Pub. L. 93-438, title I, Sec. 111, as added Pub. L. 95-238, title

II, Sec. 201, Feb. 25, 1978, 92 Stat. 56; amended Pub. L. 103-437,

Sec. 15(c)(7), Nov. 2, 1994, 108 Stat. 4592.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Community Act of 1955, referred to in subsec.

(h)(1), is act Aug. 4, 1955, ch. 543, 69 Stat. 472, as amended,

which is classified principally to chapter 24 (Sec. 2301 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2301 of this title and

Tables.

The Strategic and Critical Materials Stockpiling Act, as amended,

referred to in subsec. (h)(1), is act June 7, 1939, ch. 190, as

revised generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat.

319, which is classified generally to subchapter III (Sec. 98 et

seq.) of chapter 5 of Title 50, War and National Defense. For

complete classification of this Act to the Code, see section 98 of

Title 50 and Tables.

Act of May 16, 1910, as amended, referred to in subsec. (h)(1),

is act May 16, 1910, ch. 240, 36 Stat. 369, as amended, which

enacted sections 1, 3, and 5 to 7 of Title 30, Mineral Lands and

Mining. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

In subsec. (h), "section 3302(b) of title 31" substituted for

"section 3617 of the Revised Statutes (31 U.S.C. 484)" on authority

of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the

first section of which enacted Title 31, Money and Finance.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (g) of this section were

contained in the following appropriation authorization acts,

formerly classified to section 2017a-1 of this title.

Pub. L. 95-39, title III, Sec. 304, June 3, 1977, 91 Stat. 189.

Pub. L. 94-187, title III, Sec. 301, Dec. 31, 1975, 89 Stat.

1073.

Pub. L. 93-276, title I, Sec. 103, May 10, 1974, 88 Stat. 118.

Pub. L. 93-60, Sec. 103, July 6, 1973, 87 Stat. 144.

Pub. L. 92-314, title I, Sec. 103, June 16, 1972, 86 Stat. 225.

Pub. L. 92-84, title I, Sec. 103, Aug. 11, 1971, 85 Stat. 306.

Pub. L. 91-273, Sec. 103, June 2, 1970, 84 Stat. 300.

Pub. L. 91-44, Sec. 103, July 11, 1969, 83 Stat. 47.

Pub. L. 90-289, Sec. 103, Apr. 19, 1968, 82 Stat. 97.

Pub. L. 90-56, Sec. 103, July 26, 1967, 81 Stat. 125.

Pub. L. 89-428, Sec. 103, May 21, 1966, 80 Stat. 163.

Pub. L. 89-32, Sec. 103, June 2, 1965, 79 Stat. 122.

Pub. L. 88-332, Sec. 104, June 30, 1964, 78 Stat. 229.

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-437 substituted "Committee on

Science, Space, and Technology" for "Committee on Science and

Technology".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-MISC2-

NONAPPLICABILITY OF TITLE II OF PUB. L. 95-238 TO ANY AUTHORIZATION

OR APPROPRIATION FOR MILITARY APPLICATION OF NUCLEAR ENERGY, ETC.;

DEFINITIONS

Section 209 of title II of Pub. L. 95-238 provided that:

"(a) Nothing in this title [enacting this section and sections

5556a and 5919 of this title, amending sections 2391, 2394, 5905,

5906, and 5914 of this title, and enacting provisions set out as

notes under section 7256 of this title and section 2429 of Title

22, Foreign Relations and Intercourse] shall apply with respect to

any authorization or appropriation for any military application of

nuclear energy, for research and development in support of the

Armed Forces, or for the common defense and security of the United

States.

"(b)(1) The term 'military application' means any activity

authorized or permitted by chapter 9 of the Atomic Energy Act of

1954, as amended (Public Law 83-703, as amended; 42 U.S.C. 2121,

2122).

"(2) The term 'research and development' as used in this section,

is defined by section 11 x., of the Atomic Energy Act of 1954, as

amended (Public Law 83-703, as amended; 42 U.S.C. 2014).

"(3) The term 'common defense and security' means the common

defense and security of the United States as used in the Atomic

Energy Act of 1954, as amended (Public Law 83-703, as amended)

[section 2011 et seq. of this title]."

-End-

-CITE-

42 USC SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION;

NUCLEAR WHISTLEBLOWER PROTECTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR

WHISTLEBLOWER PROTECTION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5876, 10134, 10243 of

this title.

-End-

-CITE-

42 USC Sec. 5841 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5841. Establishment and transfers

-STATUTE-

(a) Composition; Chairman; Acting Chairman; quorum; official

spokesman; seal; functions of Chairman and Commission

(1) There is established an independent regulatory commission to

be known as the Nuclear Regulatory Commission which shall be

composed of five members, each of whom shall be a citizen of the

United States. The President shall designate one member of the

Commission as Chairman thereof to serve as such during the pleasure

of the President. The Chairman may from time to time designate any

other member of the Commission as Acting Chairman to act in the

place and stead of the Chairman during his absence. The Chairman

(or the Acting Chairman in the absence of the Chairman) shall

preside at all meetings of the Commission and a quorum for the

transaction of business shall consist of at least three members

present. Each member of the Commission, including the Chairman,

shall have equal responsibility and authority in all decisions and

actions of the Commission, shall have full access to all

information relating to the performance of his duties or

responsibilities, and shall have one vote. Action of the Commission

shall be determined by a majority vote of the members present. The

Chairman (or Acting Chairman in the absence of the Chairman) shall

be the official spokesman of the Commission in its relations with

the Congress, Government agencies, persons, or the public, and, on

behalf of the Commission, shall see to the faithful execution of

the policies and decisions of the Commission, and shall report

thereon to the Commission from time to time or as the Commission

may direct. The Commission shall have an official seal which shall

be judicially noticed.

(2) The Chairman of the Commission shall be the principal

executive officer of the Commission, and he shall exercise all of

the executive and administrative functions of the Commission,

including functions of the Commission with respect to (a) the

appointment and supervision of personnel employed under the

Commission (other than personnel employed regularly and full time

in the immediate offices of commissioners other than the Chairman,

and except as otherwise provided in this chapter), (b) the

distribution of business among such personnel and among

administrative units of the Commission, and (c) the use and

expenditure of funds.

(3) In carrying out any of his functions under the provisions of

this section the Chairman shall be governed by general policies of

the Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(4) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(5) There are hereby reserved to the Commission its functions

with respect to revising budget estimates and with respect to

determining upon the distribution of appropriated funds according

to major programs and purposes.

(b) Appointment of members

(1) Members of the Commission shall be appointed by the

President, by and with the advice and consent of the Senate.

(2) Appointments of members pursuant to this subsection shall be

made in such a manner that not more than three members of the

Commission shall be members of the same political party.

Each member shall serve for a term of five years, each such term

to commence on July 1, except that of the five members first

appointed to the Commission, one shall serve for one year, one for

two years, one for three years, one for four years, and one for

five years, to be designated by the President at the time of

appointment; and except that any member appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed, shall be appointed for the remainder of

such term. For the purpose of determining the expiration date of

the terms of office of the five members first appointed to the

Nuclear Regulatory Commission, each such term shall be deemed to

have begun July 1, 1975.

(d) Submission of appointments to Senate

Such initial appointments shall be submitted to the Senate within

sixty days of October 11, 1974. Any individual who is serving as a

member of the Atomic Energy Commission on October 11, 1974, and who

may be appointed by the President to the Commission, shall be

appointed for a term designated by the President, but which term

shall terminate not later than the end of his present term as a

member of the Atomic Energy Commission, without regard to the

requirements of subsection (b)(2) of this section. Any subsequent

appointment of such individuals shall be subject to the provisions

of this section.

(e) Removal of members; prohibition against engagement in business

or other employment

Any member of the Commission may be removed by the President for

inefficiency, neglect of duty, or malfeasance in office. No member

of the Commission shall engage in any business, vocation, or

employment other than that of serving as a member of the

Commission.

(f) Transfer of licensing and regulatory functions of Atomic Energy

Commission

There are hereby transferred to the Commission all the licensing

and related regulatory functions of the Atomic Energy Commission,

the Chairman and members of the Commission, the General Counsel,

and other officers and components of the Commission - which

functions officers, components, and personnel are excepted from the

transfer to the Administrator by section 5814(c) of this title.

(g) Additional transfers

In addition to other functions and personnel transferred to the

Commission, there are also transferred to the Commission -

(1) the functions of the Atomic Safety and Licensing Board

Panel and the Atomic Safety and Licensing Appeal Board;

(2) such personnel as the Director of the Office of Management

and Budget determines are necessary for exercising

responsibilities under section 5845 of this title, relating to,

research, for the purpose of confirmatory assessment relating to

licensing and other regulation under the provisions of the Atomic

Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], and of

this chapter.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 201, Oct. 11, 1974, 88 Stat. 1242;

Pub. L. 94-79, title II, Secs. 201-203, Aug. 9, 1975, 89 Stat. 413,

414; Pub. L. 95-209, Sec. 2, Dec. 13, 1977, 91 Stat. 1482; Pub. L.

99-386, title I, Sec. 109, Aug. 22, 1986, 100 Stat. 822.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(2) and (g)(2), was in

the original "the Energy Reorganization Act of 1974", and "this

Act", respectively, meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat.

1233, as amended, which enacted this chapter, amended sections 5313

to 5316 of Title 5, Government Organization and Employees, repealed

sections 2031 and 2032 of this title, and enacted provisions set

out as notes under section 5801 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

The Atomic Energy Act of 1954, as amended, referred to in subsec.

(g), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 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.

-MISC1-

AMENDMENTS

1986 - Subsec. (h). Pub. L. 99-386 struck out subsec. (h) which

related to quarterly reports on compliance with equal employment

requirements for grades GS-11 or above.

1977 - Subsec. (h). Pub. L. 95-209 added subsec. (h).

1975 - Subsec. (a). Pub. L. 94-79, Sec. 201, designated existing

provisions as par. (1) and added pars. (2) to (5).

Subsec. (c). Pub. L. 94-79, Secs. 202, 203, provided for

appointment for remainder of term where vacancy occurs prior to

expiration of term of predecessor appointee and designated July 1,

1975, as commencement date of initial appointees for purpose of

determining expiration date of terms of office.

-TRANS-

TRANSFER 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 below.

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-MISC2-

TRANSPORTATION OF PLUTONIUM BY AIRCRAFT THROUGH UNITED STATES AIR

SPACE

Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22,

1987, 101 Stat. 1329-104, 1329-121, and Pub. L. 100-203, title V,

Sec. 5062, Dec. 22, 1987, 101 Stat. 1330-251, provided that:

"(a) In General. - Notwithstanding any other provision of law, no

form of plutonium may be transported by aircraft through the air

space of the United States from a foreign nation to a foreign

nation unless the Nuclear Regulatory Commission has certified to

Congress that the container in which such plutonium is transported

is safe, as determined in accordance with subsection (b), the

second undesignated paragraph under section 201 of Public Law 94-79

(89 Stat. 413; 42 U.S.C. 5841 note), and all other applicable laws.

"(b) Responsibilities of the Nuclear Regulatory Commission. -

"(1) Determination of safety. - The Nuclear Regulatory

Commission shall determine whether the container referred to in

subsection (a) is safe for use in the transportation of plutonium

by aircraft and transmit to Congress a certification for the

purposes of such subsection in the case of each container

determined to be safe.

"(2) Testing. - In order to make a determination with respect

to a container under paragraph (1), the Nuclear Regulatory

Commission shall -

"(A) require an actual drop test from maximum cruising

altitude of a full-scale sample of such container loaded with

test materials; and

"(B) require an actual crash test of a cargo aircraft fully

loaded with full-scale samples of such container loaded with

test material unless the Commission determines, after

consultation with an independent scientific review panel, that

the stresses on the container produced by other tests used in

developing the container exceed the stresses which would occur

during a worst case plutonium air shipment accident.

"(3) Limitation. - The Nuclear Regulatory Commission may not

certify under this section that a container is safe for use in

the transportation of plutonium by aircraft if the container

ruptured or released its contents during testing conducted in

accordance with paragraph (2).

"(4) Evaluation. - The Nuclear Regulatory Commission shall

evaluate the container certification required by title II of the

Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) and

subsection (a) in accordance with the National Environmental

Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.) and all

other applicable law.

"(c) Content of Certification. - A certification referred to in

subsection (a) with respect to a container shall include -

"(1) the determination of the Nuclear Regulatory Commission as

to the safety of such container;

"(2) a statement that the requirements of subsection (b)(2)

were satisfied in the testing of such container; and

"(3) a statement that the container did not rupture or release

its contents into the environment during testing.

"(d) Design of Testing Procedures. - The tests required by

subsection (b) shall be designed by the Nuclear Regulatory

Commission to replicate actual worst case transportation conditions

to the maximum extent practicable. In designing such tests, the

Commission shall provide for public notice of the proposed test

procedures, provide a reasonable opportunity for public comment on

such procedures, and consider such comments, if any.

"(e) Testing Results: Reports and Public Disclosure. - The

Nuclear Regulatory Commission shall transmit to Congress a report

on the results of each test conducted under this section and shall

make such results available to the public.

"(f) Alternative Routes and Means of Transportation. - With

respect to any shipments of plutonium from a foreign nation to a

foreign nation which are subject to United States consent rights

contained in an Agreement for Peaceful Nuclear Cooperation, the

President is authorized to make every effort to pursue and conclude

arrangements for alternative routes and means of transportation,

including sea shipment. All such arrangements shall be subject to

stringent physical security conditions, and other conditions

designed to protect the public health and safety, and provisions of

this section, and all other applicable laws.

"(g) Inapplicability to Medical Devices. - Subsections (a)

through (e) shall not apply with respect to plutonium in any form

contained in a medical device designed for individual human

application.

"(h) Inapplicability to Military Uses. - Subsections (a) through

(e) shall not apply to plutonium in the form of nuclear weapons nor

to other shipments of plutonium determined by the Department of

Energy to be directly connected with the United States national

security or defense programs.

"(i) Inapplicability to Previously Certified Containers. - This

section shall not apply to any containers for the shipment of

plutonium previously certified as safe by the Nuclear Regulatory

Commission under Public Law 94-79 (89 Stat. 413; 42 U.S.C. 5841

note).

"(j) Payment of Costs. - All costs incurred by the Nuclear

Regulatory Commission associated with the testing program required

by this section, and administrative costs related thereto, shall be

reimbursed to the Nuclear Regulatory Commission by any foreign

country receiving plutonium shipped through United States airspace

in containers specified by the Commission."

RESIDENT INSPECTOR PROGRAM; IMPLEMENTATION AND ACCELERATION OF

ASSIGNMENT OF PERSONNEL; STUDY OF EXISTING AND ALTERNATE PROGRAMS

FOR IMPROVING QUALITY ASSURANCE AND CONTROL; PILOT PROGRAMS TO

REVIEW AND EVALUATE ALTERNATIVE PROGRAMS; SCOPE OF PILOT PROGRAM;

REPORT TO CONGRESS; CONTENTS

Pub. L. 97-415, Sec. 13, Jan. 4, 1983, 96 Stat. 2074, provided

that:

"(a) The Nuclear Regulatory Commission is authorized and directed

to implement and accelerate the resident inspector program so as to

assure the assignment of at least one resident inspector by the end

of fiscal year 1982 at each site at which a commercial nuclear

powerplant is under construction and construction is more than 15

percent complete. At each such site at which construction is not

more than 15 percent complete, the Commission shall provide that

such inspection personnel as the Commission deems appropriate shall

be physically present at the site at such times following issuance

of the construction permit as may be necessary in the judgment of

the Commission.

"(b) The Commission shall conduct a study of existing and

alternative programs for improving quality assurance and quality

control in the construction of commercial nuclear powerplants. In

conducting the study, the Commission shall obtain the comments of

the public, licensees of nuclear powerplants, the Advisory

Committee on Reactor Safeguards, and organizations comprised of

professionals having expertise in appropriate fields. The study

shall include an analysis of the following:

"(1) providing a basis for quality assurance and quality

control, inspection, and enforcement actions through the adoption

of an approach which is more prescriptive than that currently in

practice for defining principal architectural and engineering

criteria for the construction of commercial nuclear powerplants;

"(2) conditioning the issuance of construction permits for

commercial nuclear powerplants on a demonstration by the licensee

that the licensee is capable of independently managing the

effective performance of all quality assurance and quality

control responsibilities for the powerplant;

"(3) evaluations, inspections, or audits of commercial nuclear

powerplant construction by organizations comprised of

professionals having expertise in appropriate fields which

evaluations, inspections, or audits are more effective than those

under current practice;

"(4) improvement of the Commission's organization, methods, and

programs for quality assurance development, review, and

inspection; and

"(5) conditioning the issuance of construction permits for

commercial nuclear powerplants on the permittee entering into

contracts or other arrangements with an independent inspector to

audit the quality assurance program to verify quality assurance

performance.

For purposes of paragraph (5), the term 'independent inspector'

means a person or other entity having no responsibility for the

design or construction of the plant involved. The study shall also

include an analysis of quality assurance and quality control

programs at representative sites at which such programs are

operating satisfactorily and an assessment of the reasons therefor.

"(c) For purposes of -

"(1) determining the best means of assuring that commercial

nuclear powerplants are constructed in accordance with the

applicable safety requirements in effect pursuant to the Atomic

Energy Act of 1954 [42 U.S.C. 2011 et seq.]; and

"(2) assessing the feasibility and benefits of the various

means listed in subsection (b);

the Commission shall undertake a pilot program to review and

evaluate programs that include one or more of the alternative

concepts identified in subsection (b) for the purposes of assessing

the feasibility and benefits of their implementation. The pilot

program shall include programs that use independent inspectors for

auditing quality assurance responsibilities of the licensee for the

construction of commercial nuclear powerplants, as described in

paragraph (5) of subsection (b). The pilot program shall include at

least three sites at which commercial nuclear powerplants are under

construction. The Commission shall select at least one site at

which quality assurance and quality control programs have operated

satisfactorily, and at least two sites with remedial programs

underway at which major construction, quality assurance, or quality

control deficiencies (or any combination thereof) have been

identified in the past. The Commission may require any changes in

existing quality assurance and quality control organizations and

relationships that may be necessary at the selected sites to

implement the pilot program.

"(d) Not later than fifteen months after the date of the

enactment of this Act [Jan. 4, 1983], the Commission shall complete

the study required under subsection (b) and submit to the United

States Senate and House of Representatives a report setting forth

the results of the study. The report shall include a brief summary

of the information received from the public and from other persons

referred to in subsection (b) and a statement of the Commission's

response to the significant comments received. The report shall

also set forth an analysis of the results of the pilot program

required under subsection (c). The report shall be accompanied by

the recommendations of the Commission, including any legislative

recommendations, and a description of any administrative actions

that the Commission has undertaken or intends to undertake, for

improving quality assurance and quality control programs that are

applicable during the construction of nuclear powerplants."

TRANSPORTATION OF NUCLEAR WASTE WITH POTENTIAL FOR SIGNIFICANT

PUBLIC HEALTH AND SAFETY HAZARDS; REGULATIONS FOR NOTICE TO

GOVERNOR

Pub. L. 96-295, title III, Sec. 301, June 30, 1980, 94 Stat. 789,

directed Nuclear Regulatory Commission, within 90 days of June 30,

1980, to promulgate regulations providing for timely notification

to the Governor of any State prior to the transport of nuclear

waste, including spent nuclear fuel, to, through, or across the

boundaries of such State, and provided that such notification

requirement would not apply to nuclear waste in such quantities and

of such types as the Commission specifically determined did not

pose a potentially significant hazard to the health and safety of

the public.

REVIEW OF SELECTION AND TRAINING OF MEMBERS OF ATOMIC SAFETY AND

LICENSING BOARDS; REPORT TO CONGRESS

Pub. L. 95-601, Sec. 7, Nov. 6, 1978, 92 Stat. 2950, directed

Commission to undertake a comprehensive review of the existing

process for selection and training of members of the Atomic Safety

and Licensing Boards, report to Congress on findings of such review

by Jan. 1, 1979, and revise such selection and training process as

appropriate, based on such findings.

PLUTONIUM SHIPMENTS RESTRICTIONS

Section 201 of Pub. L. 94-79 provided in part that: "The Nuclear

Regulatory Commission shall not license any shipments by air

transport of plutonium in any form, whether exports, imports or

domestic shipments: Provided, however, That any plutonium in any

form contained in a medical device designed for individual human

application is not subject to this restriction. This restriction

shall be in force until the Nuclear Regulatory Commission has

certified to the Joint Committee on Atomic Energy of the Congress

that a safe container has been developed and tested which will not

rupture under crash and blast-testing equivalent to the crash and

explosion of a high-flying aircraft."

REORGANIZATION PLAN NO. 1 OF 1980

45 F.R. 40561, 94 STAT. 3585

Prepared by the President and submitted to the Senate and the House

of Representatives in Congress assembled March 27, 1980,(!1)

pursuant to the provisions of Chapter 9 of Title 5 of the United

States Code.

NUCLEAR REGULATORY COMMISSION

Section 1. (a) Those functions of the Nuclear Regulatory

Commission, hereinafter referred to as the "Commission", concerned

with:

(1) policy formulation;

(2) rulemaking, as defined in section 553 of Title 5 of the

United States Code, except that those matters set forth in

553(a)(2) and (b) which do not pertain to policy formulation

orders or adjudications shall be reserved to the Chairman of the

Commission;

(3) orders and adjudications, as defined in section 551 (6) and

(7) of Title 5 of the United States Code;

shall remain vested in the Commission. The Commission may determine

by majority vote, in an area of doubt, whether any matter, action,

question or area of inquiry pertains to one of these functions. The

performance of any portion of these functions may be delegated by

the Commission to a member of the Commission, including the

Chairman of the Nuclear Regulatory Commission, hereinafter referred

to as the "Chairman", and to the staff through the Chairman.

(b)(1) With respect to the following officers or successor

officers duly established by statute or by the Commission, the

Chairman shall initiate the appointment, subject to the approval of

the Commission; and the Chairman or a member of the Commission may

initiate an action for removal, subject to the approval of the

Commission:

(i) Executive Director for Operations,

(ii) General Counsel,

(iii) Secretary of the Commission,

(iv) Director of the Office of Policy Evaluation,

(v) Director of the Office of Inspector and Auditor,

(vi) Chairman, Vice Chairman, Executive Secretary, and Members

of the Atomic Safety and Licensing Board Panel,

(vii) Chairman, Vice Chairman and Members of the Atomic Safety

and Licensing Appeal Panel.

(2) With respect to the following officers or successor officers

duly established by statute or by the Commission, the Chairman,

after consultation with the Executive Director for Operations,

shall initiate the appointment, subject to the approval of the

Commission, and the Chairman, or a member of the Commission may

initiate an action for removal, subject to the approval of the

Commission:

(i) Director of Nuclear Reactor Regulation,

(ii) Director of Nuclear Material Safety and Safeguards,

(iii) Director of Nuclear Regulatory Research,

(iv) Director of Inspection and Enforcement,

(v) Director of Standards Development.

(3) The Chairman or a member of the Commission shall initiate the

appointment of the Members of the Advisory Committee on Reactor

Safeguards, subject to the approval of the Commission. The

provisions for appointment of the Chairman of the Advisory

Committee on Reactor Safeguards and the term of the members shall

not be affected by the provisions of this Reorganization Plan.

(4) The Commission shall delegate the function of appointing,

removing and supervising the staff of the following offices or

successor offices to the respective heads of such offices: General

Counsel, Secretary of the Commission, Office of Policy Evaluation,

Office of Inspector and Auditor. The Commission shall delegate the

functions of appointing, removing and supervising the staff of the

following panels and committee to the respective Chairmen thereof:

Atomic Safety and Licensing Board Panel, Atomic Safety and

Licensing Appeal Panel and Advisory Committee on Reactor

Safeguards.

remove and supervise the personnel employed in his or her immediate

office.

(d) The Commission shall act as provided by subsection 201(a)(1)

of the Energy Reorganization Act of 1974, as amended (42 U.S.C.

5841(a)(1)) in the performance of its functions as described in

subsections (a) and (b) of this section.

Sec. 2. (a) All other functions of the Commission, not specified

by Section 1 of this Reorganization Plan, are hereby transferred to

the Chairman. The Chairman shall be the official spokesman for the

Commission, and shall appoint, supervise, and remove, without

further action by the Commission, the Directors and staff of the

Office of Public Affairs and the Office of Congressional Relations.

The Chairman may consult with the Commission as he deems

appropriate in exercising this appointment function.

(b) The Chairman shall also be the principal executive officer of

the Commission, and shall be responsible to the Commission for

developing policy planning and guidance for consideration by the

Commission; shall be responsible to the Commission for assuring

that the Executive Director for Operations and the staff of the

Commission (other than the officers and staff referred to in

sections (1)(b)(4), (1)(c) and (2)(a) of this Reorganization Plan)

are responsive to the requirements of the Commission in the

performance of its functions; shall determine the use and

expenditure of funds of the Commission, in accordance with the

distribution of appropriated funds according to major programs and

purposes approved by the Commission; shall present to the

Commission for its consideration the proposals and estimates set

forth in subsection (3) of this paragraph; and shall be responsible

for the following functions, which he shall delegate, subject to

his direction and supervision, to the Executive Director for

Operations unless otherwise provided by this Reorganization Plan:

(1) administrative functions of the Commission;

(2) distribution of business among such personnel and among

administrative units and offices of the Commission;

(3) preparation of

(i) proposals for the reorganization of the major offices

within the Commission;

(ii) the budget estimate for the Commission; and

(iii) the proposed distribution of appropriated funds

according to major programs and purposes.

(4) appointing and removing without any further action by the

Commission, all officers and employees under the Commission other

than those whose appointment and removal are specifically

provided for by subsections 1 (b), (c) and 2(a) of this

Reorganization Plan.

Director for Operations shall be governed by the general policies

of the Commission and by such regulatory decisions, findings, and

determinations, including those for reorganization proposals,

budget revisions and distribution of appropriated funds, as the

Commission may by law, including this Plan, be authorized to make.

The Chairman and the Executive Director for Operations, through the

Chairman, shall be responsible for insuring that the Commission is

fully and currently informed about matters within its functions.

Sec. 3. (a) Notwithstanding sections 1 and 2 of this

Reorganization Plan, there are hereby transferred to the Chairman

all the functions vested in the Commission pertaining to an

emergency concerning a particular facility or materials licensed or

regulated by the Commission, including the functions of declaring,

responding, issuing orders, determining specific policies, advising

the civil authorities and the public, directing, and coordinating

actions relative to such emergency incident.

(b) The Chairman may delegate the authority to perform such

emergency functions, in whole or in part, to any of the other

members of the Commission. Such authority may also be delegated or

redelegated, in whole or in part, to the staff of the Commission.

of the Commission delegated authority under subsection (b), shall

conform to the policy guidelines of the Commission. To the maximum

extent possible under the emergency conditions, the Chairman or

other member of the Commission delegated authority under subsection

(b), shall inform the Commission of actions taken relative to the

emergency.

(d) Following the conclusion of the emergency, the Chairman, or

the member of the Commission delegated the emergency functions

under subsection (b), shall render a complete and timely report to

the Commission on the actions taken during the emergency.

Sec. 4. (a) The Chairman may make such delegations and provide

for such reporting as the Chairman deems necessary, subject to

provisions of law and this Reorganization Plan. Any officer or

employee under the Commission may communicate directly to the

Commission, or to any member of the Commission, whenever in the

view of such officer or employee a critical problem or public

health and safety or common defense and security is not being

properly addressed.

(b) The Executive Director for Operations shall report for all

matters to the Chairman.

Nuclear Material Safety and Safeguards, and Nuclear Regulatory

Research of reporting directly to the Commission is hereby

transferred so that such officers report to the Executive Director

for Operations. The function of receiving such reports is hereby

transferred from the Commission to the Executive Director for

Operations.

(d) The heads of the Commission level offices or successor

offices, of General Counsel, Secretary to the Commission, Office of

Policy Evaluation, Office of Inspector and Auditor, the Atomic

Safety and Licensing Board Panel and Appeal Panel, and Advisory

Committee on Reactor Safeguards shall continue to report directly

to the Commission and the Commission shall continue to receive such

reports.

Sec. 5. The provisions of this Reorganization Plan shall take

effect October 1, 1980, or at such earlier time or times as the

President shall specify, but no sooner than the earliest time

allowable under Section 906 of Title 5 of the United States Code.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I am submitting herewith to the Congress Reorganization Plan No.

1 of 1980, under authority vested in me by the Reorganization Act

of 1977 (Chapter 9 of Title 5 of the United States Code). The Plan

is designed to strengthen management of the Nuclear Regulatory

Commission in order to foster safety in all of the agency's

activities.

The need for more effective management of the Nuclear Regulatory

Commission has been amply demonstrated over the past year. The

accident at Three Mile Island one year ago revealed serious

shortcomings in the agency's ability to respond effectively during

a crisis. The lessons learned from that accident go beyond crisis

management, however. They provide the impetus for improving the

effectiveness of all aspects of the government regulation of

nuclear energy.

In my statement of December 7, 1979, I responded to the

recommendations of my Commission on the Accident at Three Mile

Island and set forth steps now being taken to address those

recommendations. I stated that I would send to Congress a

Reorganization Plan to strengthen the Nuclear Regulatory

Commission's ability to regulate nuclear safety. I am submitting

that Plan today.

The Plan clarifies the duties of the Chairman as principal

executive officer. In addition to directing the day-to-day

operations of the agency, the Chairman would take charge of the

Commission's response to nuclear emergencies and, as principal

executive officer, would be guided by Commission policy and subject

to Commission oversight.

MANAGEMENT PROBLEMS

Intensive investigations undertaken since the Three Mile Island

accident have revealed management problems at the Nuclear

Regulatory Commission. These problems must be rectified if the

Commission is to be a strong and effective safety regulator.

- My Commission, called the Kemeny Commission after its

Chairman, Dr. John Kemeny, concluded that the underlying

problem at Three Mile Island stemmed not from deficient

equipment but rather from compounded human failures. This

included the inability of the Nuclear Regulatory Commission to

pursue its safety mission effectively in view of its existing

management policies and practices. The Kemeny Commission

reported a lack of "closure" in the system to ensure that

safety issues are raised, analyzed and resolved. Kemeny

Commission members also concluded that the Nuclear Regulatory

Commission relies too heavily on licensing, and pays

insufficient attention to ensuring the safety of plants once

they are in operation.

- During the course of its investigation, the Kemeny Commission

found serious managerial problems at the top of the Nuclear

Regulatory Commission. It noted that the Commissioners and the

Chairman are unclear as to their respective roles. Uncertain,

diffuse leadership of this kind leads to highly

compartmentalized offices that operate with little or no

effective guidance and little coordination.

- A recently completed independent study authorized and funded

by the Nuclear Regulatory Commission itself also found serious

fault with the Commission's management and called for a major

organizational overhaul. The report states that there is no

authoritative manager but, instead, five equally responsible

Commissioners who deal individually with office directors who,

in turn, head their own "independent fiefdoms."

- Likewise, a recent report of the General Accounting Office

notes the failure of the Nuclear Regulatory Commission to

define either the authority of the Chairman or that of the

Executive Director for Operations. The staff lacks policy

guidance and top management leadership to set priorities and

resolve safety issues. There are unreasonable delays in

developing policies to guide the licensing and enforcement

activities of the agency.

The central theme in all three of these studies is the failure of

the Nuclear Regulatory Commission to provide unified leadership and

consistent direction of the agency's activities. The present

statutes contain conflicting and ambiguous provisions for managing

the agency. Important corrective actions cannot or will not be

taken by the Commission until the laws are changed. Failure to do

so constitutes a continuing nuclear safety hazard.

The present Reorganization Plan would improve the effectiveness

of the Nuclear Regulatory Commission by giving the Chairman the

powers he needs to ensure efficient and coherent management in a

manner that preserves, in fact enhances, the commission form of

organization.

COMMISSION

Under the proposed Plan, the Commission would continue to be

responsible for policy formulation, rulemaking and adjudication as

functions which should have collegial deliberation. In addition,

the Commission would review and approve proposals by the Chairman

concerning key management actions such as personnel decisions

affecting top positions which directly support Commission

functions, the annual budget, and major staff reorganizations. In

carrying out its role, the Commission would have the direct

assistance of several Commission-level offices as well as the

licensing board, the appeal panel, and the Advisory Committee on

Reactor Safeguards. The Plan would not alter the present

arrangement whereby the Commission, acting on majority vote,

represents the ultimate authority of the Nuclear Regulatory

Commission and sets the framework within which the Chairman is to

operate.

CHAIRMAN

Under the Plan, the Chairman would act as the principal executive

officer and spokesman for the Commission. To accomplish this, those

functions of the Nuclear Regulatory Commission not retained by the

Commission would be vested in the Chairman, who is currently

coequal with the Commissioners in all decisions and actions. The

Chairman would be authorized to make appointments, on his own

authority, to all positions not specified for Commission approval

and would be responsible to the Commission for assuring staff

support by the operating offices in meeting the needs of the

Commission. The Executive Director for Operations would report

directly to and receive his authority from the Chairman. Heads of

operating offices would also report to the Chairman or, by

delegation, to the Executive Director for Operations. Office heads

would also be authorized to communicate directly with members of

the Commission whenever an office head believed critical safety

issues were not being addressed.

EMERGENCY MANAGEMENT

The Nuclear Regulatory Commission's ability to respond decisively

and responsibly to any nuclear emergency must be fully ensured in

advance. Experience has shown that the Commission as a whole cannot

deal expeditiously with emergencies or communicate in a clear,

unified voice to civil authorities or to the public. But present

law prevents the Commission from delegating its emergency authority

to one of its members. The Plan would correct this situation by

specifically authorizing the Chairman to act for the Commission in

an emergency. In order to ensure flexibility, the Chairman would be

permitted to delegate his authority to deal with a particular

emergency to any other Commissioner. Plans for dealing with various

contingencies would be approved by the Commission in advance. The

Commission would also receive a report from the Chairman or his

designee describing the management of the emergency once it was

over.

ACTIONS NOT INCLUDED IN THIS PLAN

Not included in this Plan are two actions that I support in

principle but that need not or cannot be accomplished by means of a

Reorganization Plan. First the Commission, as part of its

implementation of this reorganization, can and should establish an

internal entity to help oversee the performance of the agency as it

operates under the Chairman's direction. This action does not

require a Reorganization Plan. Second, I have consistently favored

funding assistance to intervenors in regulatory proceedings. This

is particularly important in the case of nuclear safety regulation.

I therefore encourage the Commission to include consideration of

intervenor funding as part of its review and upgrading of the

licensing process, as called for by the Kemeny Commission. I have

also requested Congress to appropriate funds for this purpose. This

activity cannot be authorized by a Reorganization Plan.

NO ADDED COSTS

This proposed realignment and clarification of responsibilities

would not result in an increase or decrease of expenditures. But

placing management responsibilities in the Chairman would result in

greater attention to developing and implementing nuclear safety

policies and to strict enforcement of the terms of licenses granted

by the Commission.

Each of the provisions of this proposed reorganization would also

accomplish one or more of the purposes set forth in 5 U.S.C.

901(a). No statutory functions would be abolished by the Plan;

rather they would be consolidated or reassigned in order to improve

management, delivery of services, execution of the law, and overall

operational efficiency and effectiveness of the Commission.

By Executive Order No. 12202, dated March 18, 1980 [42 U.S.C.

5848 note], I established a Nuclear Safety Oversight Committee to

advise me of progress being made by the Nuclear Regulatory

Commission, the nuclear industry, and others in improving nuclear

safety. I am confident that the present Reorganization Plan,

together with the other steps that have been or are being taken by

this Administration and by others, will greatly advance the goal of

nuclear safety. It would permit the Commission and the American

people to hold one individual - the Chairman - accountable for

implementation of the Commission's policies through effective

management of the Commission staff. Freed of management and

administrative details, the Commission could then concentrate on

the purpose for which that collegial body was created - to

deliberate on the formulation of policy and rules to govern nuclear

safety and to decide or oversee disposition of individual cases.

Jimmy Carter.

The White House, March 27, 1980.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I herewith transmit the following amendments to Reorganization

Plan No. 1 of 1980, which I sent to the Congress on March 27, 1980.

The amendments to Reorganization Plan No. 1 are consistent with

my original intent of strengthening the management of the Nuclear

Regulatory Commission in order to improve safety in all of the

agency's activities, while preserving the advantages of the

Commission form. The amendments reinforce the purpose of the Plan

in two respects. First, the amended Plan gives the Commission a

greater role in selection of key program officers of the agency by

adding four positions to the list of appointments initiated by the

Chairman for the Commission's advice and consent. These are the

Executive Director for Operations, the Director of Inspection and

Enforcement, the Director of Nuclear Regulatory Research, and the

Director of Standards Development. Each of these positions

contributes to nuclear safety regulation, and each performs

functions that help determine the policy and performance of the

agency.

The Advisory Committee on Reactor Safeguards advises the

Commission as a whole. Since its members serve renewable 4-year

terms, another amendment provides that a Commission member, as well

as the Chairman, can initiate an appointment to the Advisory

Committee on Reactor Safeguards for approval by the Commission.

As a means to ensure that the flow of information to the

Commission will not be restricted, the Plan has been amended to

make explicit that the Chairman, and the Executive Director of

Operations through the Chairman, shall keep the Commission fully

and currently informed.

The second general purpose of the amendments is to provide for

more effective management of the agency by making more explicit the

responsibilities of the Chairman and the Executive Director for

Operations acting under his direction. As amended, the Plan charges

the Chairman with planning for the development of policy for

consideration and approval by the Commission. In the past, this

responsibility has not been clearly fixed and has consequently been

neglected. The amended Plan continues to make clear that the

Executive Director for Operations reports to the Chairman. An

amendment, however, requires the Chairman to delegate to the

Executive Director for Operations the authority to appoint the

staff and the day-to-day administration of the agency. Under this

arrangement, the Chairman retains responsibility for the delegated

functions but will be better able to handle his other leadership

tasks.

In summary, the amendments I am transmitting to Reorganization

Plan No. 1 of 1980, based on review and hearings conducted by the

Congress and on continued consultations, will help establish a more

accountable central management structure for the Nuclear Regulatory

Commission as it pursues its statutory objective of ensuring safety

in the use of nuclear power.

Jimmy Carter.

The White House, May 5, 1980.

-EXEC-

EXECUTIVE ORDER NO. 11902

Ex. Ord. No. 11902, Feb. 2, 1976, 41 F.R. 4877, as amended by Ex.

Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which set out

procedures for the export licensing policy as to nuclear materials

and equipment, was revoked by Ex. Ord. No. 12058, May 11, 1978, 43

F.R. 20947, set out as a note under section 3201 of Title 22,

Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5845 of this title.

-FOOTNOTE-

(!1) As amended May 5, 1980.

-End-

-CITE-

42 USC Sec. 5842 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5842. Licensing and related regulatory functions respecting

selected Administration facilities

-STATUTE-

Notwithstanding the exclusions provided for in section 110a. [42

U.S.C. 2140(a)] or any other provisions of the Atomic Energy Act of

1954, as amended [42 U.S.C. 2011 et seq.], the Nuclear Regulatory

Commission shall, except as otherwise specifically provided by

section 110b. of the Atomic Energy Act of 1954, as amended (42

U.S.C. 2140(b)), or other law, have licensing and related

regulatory authority pursuant to chapters 6, 7, 8, and 10 of the

Atomic Energy Act of 1954, as amended [42 U.S.C. 2071 et seq., 2091

et seq., 2111 et seq., 2131 et seq.], as to the following

facilities of the Administration:

(1) Demonstration Liquid Metal Fast Breeder reactors when

operated as part of the power generation facilities of an

electric utility system, or when operated in any other manner for

the purpose of demonstrating the suitability for commercial

application of such a reactor.

(2) Other demonstration nuclear reactors - except those in

existence on the effective date of this chapter - when operated

as part of the power generation facilities of an electric utility

system, or when operated in any other manner for the purpose of

demonstrating the suitability for commercial application of such

a reactor.

(3) Facilities used primarily for the receipt and storage of

high-level radioactive wastes resulting from activities licensed

under such Act.

(4) Retrievable Surface Storage Facilities and other facilities

authorized for the express purpose of subsequent long-term

storage of high-level radioactive waste generated by the

Administration, which are not used for, or are part of, research

and development activities.

(5) Any facility under a contract with and for the account of

the Department of Energy that is utilized for the express purpose

of fabricating mixed plutonium-uranium oxide nuclear reactor fuel

for use in a commercial nuclear reactor licensed under such Act,

other than any such facility that is utilized for research,

development, demonstration, testing, or analysis purposes.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 202, Oct. 11, 1974, 88 Stat. 1244;

Pub. L. 105-261, div. C, title XXXI, Sec. 3134(a), Oct. 17, 1998,

112 Stat. 2247.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in text,

is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.

1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of this title. Chapters

6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended, are

classified generally to subchapters V (Sec. 2071 et seq.), VI (Sec.

2091 et seq.), VII (Sec. 2111 et seq.), and IX (Sec. 2131 et seq.)

of division A of chapter 23 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.

The effective date of this chapter, referred to in par. (2),

refers to the effective date of Pub. L. 93-438. See section 312 of

Pub. L. 93-438, set out as an Effective Date; Interim Appointments

note under section 5801 of this title.

-MISC1-

AMENDMENTS

1998 - Par. (5). Pub. L. 105-261 added par. (5).

-TRANS-

TRANSFER 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.

-MISC2-

AVAILABILITY OF FUNDS FOR LICENSING BY NRC

Pub. L. 105-261, div. C, title XXXI, Sec. 3134(b), Oct. 17, 1998,

112 Stat. 2247, provided that: "Section 210 of the Department of

Energy National Security and Military Applications of Nuclear

Energy Authorization Act of 1981 (42 U.S.C. 7272) shall not apply

to any licensing activities required pursuant to section 202(5) of

the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by

subsection (a)."

APPLICABILITY OF OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS TO

ACTIVITIES UNDER LICENSE

Pub. L. 105-261, div. C, title XXXI, Sec. 3134(c), Oct. 17, 1998,

112 Stat. 2247, provided that: "Any activities carried out under a

license required pursuant to section 202(5) of the Energy

Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection

(a), shall be subject to regulation under the Occupational Safety

and Health Act of 1970 (29 U.S.C. 651 et seq.)."

VERBAL COMMUNICATIONS BETWEEN COMMISSION HEADQUARTERS AND REGIONAL

OFFICES AND LICENSED UTILIZATION FACILITIES

Pub. L. 96-295, title III, Sec. 305(a), June 30, 1980, 94 Stat.

790, provided that: "As expeditiously as practicable, the Nuclear

Regulatory Commission shall establish a mechanism for instantaneous

and uninterrupted verbal communication between each utilization

facility licensed to operate under section 103 or section 104 b. of

the Atomic Energy Act of 1954 [section 2133 or 2134(b) of this

title] on the date of enactment of this Act [June 30, 1980], or

thereafter, and

"(1) Commission headquarters, and

"(2) the appropriate Commission regional office."

STUDY OF EXTENSION OF LICENSING AND REGULATORY AUTHORITY OF

COMMISSION; REPORT TO CONGRESS

Pub. L. 95-601, Sec. 12, Nov. 6, 1978, 92 Stat. 2953, directed

Commission, in cooperation with Department of Energy, to conduct a

study of extending the Commission's licensing or regulatory

authority to include categories of existing and future Federal

radioactive waste storage and disposal activities not presently

subject to such authority, and on or before Mar. 1, 1979, to submit

a report to Congress containing results of study, which report was

to include a complete listing and inventory of all radioactive

waste storage and disposal activities being conducted or planned by

Federal agencies.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2210, 10107, 10161,

10168, 10197 of this title.

-End-

-CITE-

42 USC Sec. 5843 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5843. Office of Nuclear Reactor Regulation

-STATUTE-

(a) Establishment; appointment of Director

There is hereby established in the Commission an Office of

Nuclear Reactor Regulation under the direction of a Director of

Nuclear Reactor Regulation, who shall be appointed by the

Commission, who may report directly to the Commission, as provided

in section 5849 of this title, and who shall serve at the pleasure

of and be removable by the Commission.

(b) Functions of Director

Subject to the provisions of this chapter, the Director of

Nuclear Reactor Regulation shall perform such functions as the

Commission shall delegate including:

(1) Principal licensing and regulation involving all

facilities, and materials licensed under the Atomic Energy Act of

1954, as amended [42 U.S.C. 2011 et seq.], associated with the

construction and operation of nuclear reactors licensed under the

Atomic Energy Act of 1954, as amended;

(2) Review the safety and safeguards of all such facilities,

materials, and activities, and such review functions shall

include, but not be limited to -

(A) monitoring, testing and recommending upgrading of systems

designed to prevent substantial health or safety hazards; and

(B) evaluating methods of transporting special nuclear and

other nuclear materials and of transporting and storing

high-level radioactive wastes to prevent radiation hazards to

employees and the general public.

(3) Recommend research necessary for the discharge of the

functions of the Commission.

Nothing in this section shall be construed to limit in any way

the functions of the Administration relating to the safe operation

of all facilities resulting from all activities within the

jurisdiction of the Administration pursuant to this chapter.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 203, Oct. 11, 1974, 88 Stat. 1244.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in subsec.

(b)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30,

1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is

classified generally to chapter 23 (Sec. 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.

-TRANS-

TRANSFER 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.

-End-

-CITE-

42 USC Sec. 5844 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5844. Office of Nuclear Safety and Safeguards

-STATUTE-

(a) Establishment; appointment of Director

There is hereby established in the Commission an Office of

Nuclear Material Safety and Safeguards under the direction of a

Director of Nuclear Material Safety and Safeguards, who shall be

appointed by the Commission, who may report directly to the

Commission as provided in section 5849 of this title, and who shall

serve at the pleasure of and be removable by the Commission.

(b) Functions of Director

Subject to the provisions of this chapter, the Director of

Nuclear Material Safety and Safeguards shall perform such functions

as the Commission shall delegate including:

(1) Principal licensing and regulation involving all facilities

and materials, licensed under the Atomic Energy Act of 1954, as

amended [42 U.S.C. 2011 et seq.], associated with the processing,

transport, and handling of nuclear materials, including the

provision and maintenance of safeguards against threats, thefts,

and sabotage of such licensed facilities, and materials.

(2) Review safety and safeguards of all such facilities and

materials licensed under the Atomic Energy Act of 1954, as

amended, and such review shall include, but not be limited to -

(A) monitoring, testing, and recommending upgrading of

internal accounting systems for special nuclear and other

nuclear materials licensed under the Atomic Energy Act of 1954,

as amended;

(B) developing, in consultation and coordination with the

Administration, contingency plans for dealing with threats,

thefts, and sabotage relating to special nuclear materials,

high-level radioactive wastes and nuclear facilities resulting

from all activities licensed under the Atomic Energy Act of

1954, as amended;

establishing a security agency within the office for the

performance of the safeguards functions, and a report with

recommendations on this matter shall be prepared within one

year of the effective date of this chapter and promptly

transmitted to the Congress by the Commission.

(3) Recommending research to enable the Commission to more

effectively perform its functions.

high-level radioactive wastes and nuclear facilities

Nothing in this section shall be construed to limit in any way

the functions of the Administration relating to the safeguarding of

special nuclear materials, high-level radioactive wastes and

nuclear facilities resulting from all activities within the

jurisdiction of the Administration pursuant to this chapter.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 204, Oct. 11, 1974, 88 Stat. 1245.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in subsec.

(b)(1), (2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30,

1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is

classified generally to chapter 23 (Sec. 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.

The effective date of this chapter, referred to in subsec.

(b)(2)(C), refers to the effective date of Pub. L. 93-438. See

section 312 of Pub. L. 93-438, set out as an Effective Date;

Interim Provisions note under section 5801 of this title.

-TRANS-

TRANSFER 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.

-End-

-CITE-

42 USC Sec. 5845 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5845. Office of Nuclear Regulatory Research

-STATUTE-

(a) Establishment; appointment of Director

There is hereby established in the Commission an Office of

Nuclear Regulatory Research under the direction of a Director of

Nuclear Regulatory Research, who shall be appointed by the

Commission, who may report directly to the Commission as provided

in section 5849 of this title, and who shall serve at the pleasure

of and be removable by the Commission.

(b) Functions of Director

Subject to the provisions of this chapter, the Director of

Nuclear Regulatory Research shall perform such functions as the

Commission shall delegate including:

(1) Developing recommendations for research deemed necessary

for performance by the Commission of its licensing and related

regulatory functions.

(2) Engaging in or contracting for research which the

Commission deems necessary for the performance of its licensing

and related regulatory functions.

The Administrator of the Administration and the head of every

other Federal agency shall -

(1) cooperate with respect to the establishment of priorities

for the furnishing of such research services as requested by the

Commission for the conduct of its functions;

(2) furnish to the Commission, on a reimbursable basis, through

their own facilities or by contract or other arrangement, such

research services as the Commission deems necessary and requests

for the performance of its functions; and

(3) consult and cooperate with the Commission on research and

development matters of mutual interest and provide such

information and physical access to its facilities as will assist

the Commission in acquiring the expertise necessary to perform

its licensing and related regulatory functions.

(d) Responsibility for safety of activities

Nothing in subsections (a) and (b) of this section or section

5841 of this title shall be construed to limit in any way the

functions of the Administration relating to the safety of

activities within the jurisdiction of the Administration.

(e) Information and research services

Each Federal agency, subject to the provisions of existing law,

shall cooperate with the Commission and provide such information

and research services, on a reimbursable basis, as it may have or

be reasonably able to acquire.

(f) Improved safety systems research

The Commission shall develop a long-term plan for projects for

the development of new or improved safety systems for nuclear

powerplants.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 205, Oct. 11, 1974, 88 Stat. 1246;

Pub. L. 95-209, Sec. 4(a), Dec. 13, 1977, 91 Stat. 1482.)

-MISC1-

AMENDMENTS

1977 - Subsec. (f). Pub. L. 95-209 added subsec. (f).

-TRANS-

TRANSFER 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5841 of this title.

-End-

-CITE-

42 USC Sec. 5846 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5846. Compliance with safety regulations

-STATUTE-

(a) Notification to Commission of noncompliance

Any 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.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 206, Oct. 11, 1974, 88 Stat. 1246.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in

subsecs. (a) and (c), is act Aug. 1, 1946, ch. 724, as added by act

Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which

is classified generally to chapter 23 (Sec. 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.

-TRANS-

TRANSFER 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2297h-13 of this title.

-End-

-CITE-

42 USC Sec. 5847 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5847. Nuclear energy center site survey

-STATUTE-

(a)(1) (!1) The Commission is authorized and directed to make or

cause to be made under its direction, a national survey, which

shall include consideration of each of the existing or future

electric reliability regions, or other appropriate regional areas,

to locate and identify possible nuclear energy center sites. This

survey shall be conducted in cooperation with other interested

Federal, State, and local agencies, and the views of interested

persons, including electric utilities, citizens' groups, and

others, shall be solicited and considered.

(2) For purposes of this section, the term "nuclear energy center

site" means any site, including a site not restricted to land,

large enough to support utility operations or other elements of the

total nuclear fuel cycle, or both including, if appropriate,

nuclear fuel reprocessing facilities, nuclear fuel fabrication

plants, retrievable nuclear waste storage facilities, and unranium

(!2) enrichment facilities.

(3) The survey shall include -

(a) a regional evaluation of natural resources, including land,

air, and water resources, available for use in connection with

nuclear energy center sites; estimates of future electric power

requirements that can be served by each nuclear energy center

site; an assessment of the economic impact of each nuclear energy

site; and consideration of any other relevant factors, including

but not limited to population distribution, proximity to electric

load centers and to other elements of the fuel cycle,

transmission line rights-of-way, and the availability of other

fuel resources;

(b) an evaluation of the environmental impact likely to result

from construction and operation of such nuclear energy centers,

including an evaluation whether such nuclear energy centers will

result in greater or lesser environmental impact than separate

siting of the reactors and/or fuel cycle facilities; and

other property designated for public use, but excluding national

parks, national forests, national wilderness areas, and national

historic monuments.

(4) A report of the results of the survey shall be published and

transmitted to the Congress and the Council on Environmental

Quality not later than one year from October 11, 1974, and shall be

made available to the public, and shall be updated from time to

time thereafter as the Commission, in its discretion, deems

advisable. The report shall include the Commission's evaluation of

the results of the survey and any conclusions and recommendations,

including recommendations for legislation, which the Commission may

have concerning the feasibility and practicality of locating

nuclear power reactors and/or other elements of the nuclear fuel

cycle on nuclear energy center sites. The Commission is authorized

to adopt policies which will encourage the location of nuclear

power reactors and related fuel cycle facilities on nuclear energy

center sites insofar as practicable.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 207, Oct. 11, 1974, 88 Stat. 1247.)

-TRANS-

TRANSFER 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.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

(!2) So in original. Probably should be "uranium".

-End-

-CITE-

42 USC Sec. 5848 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5848. Abnormal occurrence reports

-STATUTE-

The Commission shall submit to the Congress an annual report

listing for the previous fiscal year any abnormal occurrences at or

associated with any facility 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. For the purposes

of this section an abnormal occurrence is an unscheduled incident

or event which the Commission determines is significant from the

standpoint of public health or safety. Nothing in the preceding

sentence shall limit the authority of a court to review the

determination of the Commission. Each such report shall contain -

(1) the date and place of each occurrence;

(2) the nature and probable consequence of each occurrence;

(3) the cause or causes of each; and

(4) any action taken to prevent reoccurrence;

the Commission shall also provide as wide dissemination to the

public of the information specified in clauses (1) and (2) of this

section as reasonably possible within fifteen days of its receiving

information of each abnormal occurrence and shall provide as wide

dissemination to the public as reasonably possible of the

information specified in clauses (3) and (4) as soon as such

information becomes available to it.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 208, Oct. 11, 1974, 88 Stat. 1248;

Pub. L. 104-66, title II, Sec. 2171, Dec. 21, 1995, 109 Stat. 731.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in text,

is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.

1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 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.

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-66 substituted "an annual report listing for

the previous fiscal year" for "each quarter a report listing for

that period" in first sentence.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 9th item on page 186 identifies a reporting provision

which, as subsequently amended, is contained in this section), see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance.

-TRANS-

TRANSFER 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.

-MISC2-

PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREE MILE ISLAND;

SUBPENA POWER

Pub. L. 96-12, May 23, 1979, 93 Stat. 26, which authorized the

President's Commission on the Accident at Three Mile Island, as

established by Ex. Ord. No. 12130, Apr. 11, 1979, 44 F.R. 22027,

formerly set out below, to issue subpenas requiring the attendance

and testimony of witnesses and the produce of any evidence from the

Nuclear Regulatory Commission or any person which related to the

accident at Three Mile Island, and to issue orders for the

inspection of the Three Mile Island nuclear power plant, with

refusal to obey a subpena or inspection order punishable by

contempt of court.

-EXEC-

EXECUTIVE ORDER NO. 12130

Ex. Ord. No. 12130, Apr. 11, 1979, 44 F.R. 22027, which

established the President's Commission on the Accident at Three

Mile Island and provided for its functions, administration, final

report, and termination, was revoked by section 1-103(h) of Ex.

Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1252, set out as a note

under section 14 of the Appendix to Title 5, Government

Organization and Employees.

EXECUTIVE ORDER NO. 12202

Ex. Ord. No. 12202, Mar. 18, 1980, 45 F.R. 17939, as amended by

Ex. Ord. No. 12240, Sept. 26, 1980, 45 F.R. 64545, which

established the Nuclear Safety Oversight Committee and provided for

its membership, functions, etc., was revoked by Ex. Ord. No. 12379,

Sec. 22, Aug. 17, 1982, 47 F.R. 36100 and Ex. Ord. No. 12399, Sec.

4(c), Dec. 31, 1982, 48 F.R. 380, set out as notes under section 14

of the Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

-End-

-CITE-

42 USC Sec. 5849 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5849. Other officers

-STATUTE-

(a) Executive Director

The Commission shall appoint an Executive Director for

Operations, who shall serve at the pleasure of and be removable by

the Commission.

(b) Functions of Executive Director

The Executive Director shall perform such functions as the

Commission may direct, except that the Executive Director shall not

limit the authority of the director of any component organization

provided in this chapter to communicate with or report directly to

the Commission when such director of a component organization deems

it necessary to carry out his responsibilities. Notwithstanding the

preceding sentence, each such director shall keep the Executive

Director fully and currently informed concerning the content of all

such direct communications with the Commission.

The Executive Director shall report to the Commission at

semi-annual public meetings on the problems, progress, and status

of the Commission's equal employment opportunity efforts.

(d) Annual status report

The Executive Director shall prepare and forward to the

Commission an annual report (for the fiscal year 1978 and each

succeeding fiscal year) on the status of the Commission's programs

concerning domestic safeguards matters including an assessment of

the effectiveness and adequacy of safeguards at facilities and

activities licensed by the Commission. The Commission shall forward

to the Congress a report under this section prior to February 1,

1979, as a separate document, and prior to February 1 of each

succeeding year as a separate chapter of the Commission's annual

report (required under section 5877(c) of this title) following the

fiscal year to which such report applies.

(e) Additional officers

There shall be in the Commission not more than five additional

officers appointed by the Commission. The positions of such

officers shall be considered career positions and be subject to

section 2201(d) of this title.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 209, Oct. 11, 1974, 88 Stat. 1248;

Pub. L. 95-601, Secs. 4, 6, Nov. 6, 1978, 92 Stat. 2949.)

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-601, Sec. 4(a), inserted provision

requiring component organization directors to keep the Executive

Director informed as to communications with the Commission.

Subsec. (c). Pub. L. 95-601, Sec. 4(b), added subsec. (c). Former

subsec. (c) redesignated (e).

Subsec. (d). Pub. L. 95-601, Sec. 6, added subsec. (d).

Subsec. (e). Pub. L. 95-601, Sec. 4(b), redesignated former

subsec. (c) as (e).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d) of this section relating to forwarding of annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 10th item on page 186 of House Document No. 103-7.

-TRANS-

TRANSFER 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5843, 5844, 5845, of this

title.

-End-

-CITE-

42 USC Sec. 5850 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5850. Unresolved safety issues plan

-STATUTE-

The Commission shall develop a plan providing for the

specification and analysis of unresolved safety issues relating to

nuclear reactors and shall take such action as may be necessary to

implement corrective measures with respect to such issues. Such

plan shall be submitted to the Congress on or before January 1,

1978 and progress reports shall be included in the annual report of

the Commission thereafter.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 210, as added Pub. L. 95-209, Sec.

3, Dec. 13, 1977, 91 Stat. 1482.)

-MISC1-

PRIOR PROVISIONS

Another section 210 of Pub. L. 93-438 was renumbered section 211

and is classified to section 5851 of this title.

-TRANS-

TRANSFER 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.

-End-

-CITE-

42 USC Sec. 5851 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5851. Employee protection

-STATUTE-

(a) Discrimination against employee

(1) No employer may discharge any employee or otherwise

discriminate against any employee with respect to his compensation,

terms, conditions, or privileges of employment because the employee

(or any person acting pursuant to a request of the employee) -

(A) notified his employer of an alleged violation of this

chapter or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et

seq.);

(B) refused to engage in any practice made unlawful by this

chapter or the Atomic Energy Act of 1954, if the employee has

identified the alleged illegality to the employer;

proceeding regarding any provision (or proposed provision) of

this chapter or the Atomic Energy Act of 1954;

(D) commenced, caused to be commenced, or is about to commence

or cause to be commenced a proceeding under this chapter or the

Atomic Energy Act of 1954, as amended, or a proceeding for the

administration or enforcement of any requirement imposed under

this chapter or the Atomic Energy Act of 1954, as amended;

(E) testified or is about to testify in any such proceeding or;

(F) assisted or participated or is about to assist or

participate in any manner in such a proceeding or in any other

manner in such a proceeding or in any other action to carry out

the purposes of this chapter or the Atomic Energy Act of 1954, as

amended.

(2) For purposes of this section, the term "employer" includes -

(A) a licensee of the Commission or of an agreement State under

section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021);

(B) an applicant for a license from the Commission or such an

agreement State;

applicant; and

(D) a contractor or subcontractor of the Department of Energy

that is indemnified by the Department under section 170 d. of the

Atomic Energy Act of 1954 (42 U.S.C. 2210(d)), but such term

shall not include any contractor or subcontractor covered by

Executive Order No. 12344.

(b) Complaint, filing and notification

(1) Any employee who believes that he has been discharged or

otherwise discriminated against by any person in violation of

subsection (a) of this section may, within 180 days after such

violation occurs, file (or have any person file on his behalf) a

complaint with the Secretary of Labor (in this section referred to

as the "Secretary") alleging such discharge or discrimination. Upon

receipt of such a complaint, the Secretary shall notify the person

named in the complaint of the filing of the complaint, the

Commission, and the Department of Energy.

(2)(A) Upon receipt of a complaint filed under paragraph (1), the

Secretary shall conduct an investigation of the violation alleged

in the complaint. Within thirty days of the receipt of such

complaint, the Secretary shall complete such investigation and

shall notify in writing the complainant (and any person acting in

his behalf) and the person alleged to have committed such violation

of the results of the investigation conducted pursuant to this

subparagraph. Within ninety days of the receipt of such complaint

the Secretary shall, unless the proceeding on the complaint is

terminated by the Secretary on the basis of a settlement entered

into by the Secretary and the person alleged to have committed such

violation, issue an order either providing the relief prescribed by

subparagraph (B) or denying the complaint. An order of the

Secretary shall be made on the record after notice and opportunity

for public hearing. Upon the conclusion of such hearing and the

issuance of a recommended decision that the complaint has merit,

the Secretary shall issue a preliminary order providing the relief

prescribed in subparagraph (B), but may not order compensatory

damages pending a final order. The Secretary may not enter into a

settlement terminating a proceeding on a complaint without the

participation and consent of the complainant.

(B) If, in response to a complaint filed under paragraph (1), the

Secretary determines that a violation of subsection (a) of this

section has occurred, the Secretary shall order the person who

committed such violation to (i) take affirmative action to abate

the violation, and (ii) reinstate the complainant to his former

position together with the compensation (including back pay),

terms, conditions, and privileges of his employment, and the

Secretary may order such person to provide compensatory damages to

the complainant. If an order is issued under this paragraph, the

Secretary, at the request of the complainant shall assess against

the person against whom the order is issued a sum equal to the

aggregate amount of all costs and expenses (including attorneys'

and expert witness fees) reasonably incurred, as determined by the

Secretary, by the complainant for, or in connection with, the

bringing of the complaint upon which the order was issued.

(3)(A) The Secretary shall dismiss a complaint filed under

paragraph (1), and shall not conduct the investigation required

under paragraph (2), unless the complainant has made a prima facie

showing that any behavior described in subparagraphs (A) through

(F) of subsection (a)(1) of this section was a contributing factor

in the unfavorable personnel action alleged in the complaint.

(B) Notwithstanding a finding by the Secretary that the

complainant has made the showing required by subparagraph (A), no

investigation required under paragraph (2) shall be conducted if

the employer demonstrates, by clear and convincing evidence, that

it would have taken the same unfavorable personnel action in the

absence of such behavior.

(a) of this section has occurred only if the complainant has

demonstrated that any behavior described in subparagraphs (A)

through (F) of subsection (a)(1) of this section was a contributing

factor in the unfavorable personnel action alleged in the

complaint.

(D) Relief may not be ordered under paragraph (2) if the employer

demonstrates by clear and convincing evidence that it would have

taken the same unfavorable personnel action in the absence of such

behavior.

(1) Any person adversely affected or aggrieved by an order issued

under subsection (b) of this section may obtain review of the order

in the United States court of appeals for the circuit in which the

violation, with respect to which the order was issued, allegedly

occurred. The petition for review must be filed within sixty days

from the issuance of the Secretary's order. Review shall conform to

chapter 7 of title 5. The commencement of proceedings under this

subparagraph shall not, unless ordered by the court, operate as a

stay of the Secretary's order.

(2) An order of the Secretary with respect to which review could

have been obtained under paragraph (1) shall not be subject to

judicial review in any criminal or other civil proceeding.

(d) Jurisdiction

Whenever a person has failed to comply with an order issued under

subsection (b)(2) of this section, the Secretary may file a civil

action in the United States district court for the district in

which the violation was found to occur to enforce such order. In

actions brought under this subsection, the district courts shall

have jurisdiction to grant all appropriate relief including, but

not limited to, injunctive relief, compensatory, and exemplary

damages.

(e) Commencement of action

(1) Any person on whose behalf an order was issued under

paragraph (2) of subsection (b) of this section may commence a

civil action against the person to whom such order was issued to

require compliance with such order. The appropriate United States

district court shall have jurisdiction, without regard to the

amount in controversy or the citizenship of the parties, to enforce

such order.

(2) The court, in issuing any final order under this subsection,

may award costs of litigation (including reasonable attorney and

expert witness fees) to any party whenever the court determines

such award is appropriate.

(f) Enforcement

Any nondiscretionary duty imposed by this section shall be

enforceable in a mandamus proceeding brought under section 1361 of

title 28.

(g) Deliberate violations

Subsection (a) of this section shall not apply with respect to

any employee who, acting without direction from his or her employer

(or the employer's agent), deliberately causes a violation of any

requirement of this chapter or of the Atomic Energy Act of 1954, as

amended [42 U.S.C. 2011 et seq.].

(h) Nonpreemption

This section may not be construed to expand, diminish, or

otherwise affect any right otherwise available to an employee under

Federal or State law to redress the employee's discharge or other

discriminatory action taken by the employer against the employee.

(i) Posting requirement

The provisions of this section shall be prominently posted in any

place of employment to which this section applies.

(j) Investigation of allegations

(1) The Commission or the Department of Energy shall not delay

taking appropriate action with respect to an allegation of a

substantial safety hazard on the basis of -

(A) the filing of a complaint under subsection (b)(1) of this

section arising from such allegation; or

(B) any investigation by the Secretary, or other action, under

this section in response to such complaint.

(2) A determination by the Secretary under this section that a

violation of subsection (a) of this section has not occurred shall

not be considered by the Commission or the Department of Energy in

its determination of whether a substantial safety hazard exists.

-SOURCE-

(Pub. L. 93-438, title II, Sec. 211, formerly Sec. 210, as added

Pub. L. 95-601, Sec. 10, Nov. 6, 1978, 92 Stat. 2951; renumbered

Sec. 211 and amended Pub. L. 102-486, title XXIX, Sec. 2902(a)-(g),

(h)(2), (3), Oct. 24, 1992, 106 Stat. 3123, 3124.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsecs. (a)(1) and

(g), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public

Health and Welfare. For complete classification on this Act to the

Code, see Short Title note set out under section 2011 of Title 42

and Tables.

Executive Order No. 12344, referred to in subsec. (a)(2)(D), is

Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, which is set out as

a note under section 7158 of this title.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 2902(a), designated

existing provisions as par. (1) and struck out ", including a

Commission licensee, an applicant for a Commission license, or a

contractor or a subcontractor of a Commission licensee or

applicant," after "No employer", added subpars. (A) to (C),

redesignated former pars. (1) to (3) as subpars. (D) to (F),

respectively, and added par. (2).

Subsec. (b)(1). Pub. L. 102-486, Sec. 2902(b), (h)(2),

substituted "180" for "thirty", "(in this section referred to as

the 'Secretary')" for "(hereinafter in this subsection referred to

as the 'Secretary')", and ", the Commission, and the Department of

Energy" for "and the Commission".

Subsec. (b)(2)(A). Pub. L. 102-486, Sec. 2902(c), inserted before

last sentence "Upon the conclusion of such hearing and the issuance

of a recommended decision that the complaint has merit, the

Secretary shall issue a preliminary order providing the relief

prescribed in subparagraph (B), but may not order compensatory

damages pending a final order."

Subsec. (b)(3). Pub. L. 102-486, Sec. 2902(d), added par. (3).

Subsecs. (h) to (j). Pub. L. 102-486, Sec. 2902(e)-(g), added

subsecs. (h) to (j).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2902(i) of Pub. L. 102-486 provided that: "The amendments

made by this section [amending this section] shall apply to claims

filed under section 211(b)(1) of the Energy Reorganization Act of

1974 (42 U.S.C. 5851(b)(1)) on or after the date of the enactment

of this Act [Oct. 24, 1992]."

-TRANS-

TRANSFER 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2297h-13 of this title.

-End-

-CITE-

42 USC Sec. 5852 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER II - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER

PROTECTION

-HEAD-

Sec. 5852. Availability of funds

-STATUTE-

(a) Appropriations for salaries and expenses; additional purposes

Funds appropriated for "Nuclear Regulatory Commission - Salaries

and Expenses" shall be available to the Commission for the

following additional purposes:

(1) Employment of aliens.

(2) Services authorized by section 3109 of title 5.

(3) Publication and dissemination of atomic information.

(4) Purchase, repair, and cleaning of uniforms.

(5) Reimbursements to the General Services Administration for

security guard services.

(6) Hire of passenger motor vehicles and aircraft.

(7) Transfers of funds to other agencies of the Federal

Government for the performance of the work for which such funds

are appropriated, and such transferred funds may be merged with

the appropriations to which they are transferred.

(8) Transfers to the Office of Inspector General of the

Commission, not to exceed an additional amount equal to 5 percent

of the amount otherwise appropriated to the Office for the fiscal

year. Notice of such transfers shall be submitted to the

Committees on Appropriations.

(b) Appropriations for Office of Inspector General; additional

purposes

Funds appropriated for "Nuclear Regulatory Commission - Office of

Inspector General" shall be available to the Office for the

additional purposes described in paragraphs (2) and (7) of

subsection (a) of this section.

Moneys received by the Commission for the cooperative nuclear

research program, services rendered to State governments, foreign

governments, and international organizations, and the material and

information access authorization programs, including criminal

history checks under section 2169 of this title (!1) may be

retained and used for salaries and expenses associated with those

activities, notwithstanding section 3302 of title 31, and shall

remain available until expended.

(d) Use of funds to provide voluntary separation incentive payments

Notwithstanding section 663(c)(2)(D) of Public Law 104-208, and

to facilitate targeted workforce downsizing and restructuring, the

Chairman of the Nuclear Regulatory Commission may use funds

appropriated in this Act to exercise the authority provided by

section 663 of that Act with respect to employees who voluntarily

separate from October 7, 1998, through December 31, 2000. All of

the requirements in section 663 of Public Law 104-208, except for

section 663(c)(2)(D), apply to the exercise of authority under this

section.

(e) Fiscal year applicability

Subsections (a), (b), and (c) of this section shall apply to

fiscal year 1999 and each succeeding fiscal year.

-SOURCE-

(Pub. L. 105-245, title V, Sec. 506, Oct. 7, 1998, 112 Stat. 1856.)

-REFTEXT-

REFERENCES IN TEXT

Section 663 of Public Law 104-208, referred to in subsec. (d), is

section 663 of Pub. L. 104-208, div. A, title I, Sec. 101(f) [title

VI], Sept. 30, 1996, 110 Stat. 3009-314, 3009-383, which is set out

as a note under section 5597 of Title 5, Government Organization

and Employees.

This Act, referred to in subsec. (d), is Pub. L. 105-245, Oct. 7,

1998, 112 Stat. 1838, known as the Energy and Water Development

Appropriations Act, 1999. For complete classification of this Act

to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

Appropriations Act, 1999, and not as part of the Energy

Reorganization Act of 1974 which comprises this chapter.

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 105-62, title IV, Oct. 13, 1997, 111 Stat. 1336.

Pub. L. 104-206, title IV, Sept. 30, 1996, 110 Stat. 3000.

Pub. L. 104-46, title IV, Nov. 13, 1995, 109 Stat. 417.

Pub. L. 103-316, title IV, Aug. 26, 1994, 108 Stat. 1721.

Pub. L. 103-126, title IV, Oct. 28, 1993, 107 Stat. 1332.

Pub. L. 102-377, title IV, Oct. 2, 1992, 106 Stat. 1340.

Pub. L. 102-104, title IV, Aug. 17, 1991, 105 Stat. 534.

Pub. L. 101-514, title IV, Nov. 5, 1990, 104 Stat. 2096.

Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 664.

Pub. L. 100-371, title IV, July 19, 1988, 102 Stat. 872.

Pub. L. 100-202, Sec. 101(d) [title IV], Dec. 22, 1987, 101 Stat.

1329-104, 1329-128.

Pub. L. 99-500, Sec. 101(e) [title IV], Oct. 18, 1986, 100 Stat.

1783-194, 1783-211, and Pub. L. 99-591, Sec. 101(e) [title IV],

Oct. 30, 1986, 100 Stat. 3341-194, 3341-211.

Pub. L. 99-141, title IV, Nov. 1, 1985, 99 Stat. 577.

Pub. L. 98-360, title IV, July 16, 1984, 98 Stat. 419.

Pub. L. 98-50, title IV, July 14, 1983, 97 Stat. 260.

Pub. L. 97-88, title IV, Dec. 4, 1981, 95 Stat. 1147.

Pub. L. 96-367, title IV, Oct. 1, 1980, 94 Stat. 1344.

Pub. L. 96-69, title IV, Sept. 25, 1979, 93 Stat. 449.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL

PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-End-

-CITE-

42 USC Sec. 5871 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5871. Transitional provisions

-STATUTE-

(a) Lapse of agency or other body from which functions or programs

have been transferred and positions or offices therein

Except as otherwise provided in this chapter, whenever all of the

functions or programs of an agency, or other body, or any component

thereof, affected by this chapter, have been transferred from that

agency, or other body, or any component thereof by this chapter,

the agency, or other body, or component thereof shall lapse. If an

agency, or other body, or any component thereof, lapses pursuant to

the preceding sentence, each position and office therein which was

expressly authorized by law, or the incumbent of which was

authorized to receive compensation at the rate prescribed for an

office or position at level II, III, IV, or V of the Executive

Schedule (5 U.S.C. 5313-5316), shall lapse.

(b) Continuation of orders, determinations, rules, etc.

All orders, determinations, rules, regulations, permits,

contracts, certificates, licenses, and privileges -

(1) which have been issued, made, granted, or allowed to become

effective by the President, any Federal department or agency or

official thereof, or by a court of competent jurisdiction, in the

performance of functions which are transferred under this

chapter, and

(2) which are in effect at the time this chapter takes effect,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked by the President, the

Administrator, the Commission, or other authorized officials, a

court of competent jurisdiction, or by operation of law.

Commission or other department or agency

The provisions of this chapter shall not affect any proceeding

pending, at the time this section takes effect, before the Atomic

Energy Commission or any department or agency (or component

thereof) functions of which are transferred by this chapter; but

such proceedings, to the extent that they relate to functions so

transferred, shall be continued. Orders shall be issued in such

proceedings, appeals shall be taken therefrom, and payments shall

be made pursuant to such orders, as if this chapter had not been

enacted; and orders issued in any such proceedings shall continue

in effect until modified, terminated, superseded, or revoked by a

duly authorized official, by a court of competent jurisdiction, or

by operation of law. Nothing in this subsection shall be deemed to

prohibit the discontinuance or modification of any such proceeding

under the same terms and conditions and to the same extent that

such proceeding could have been discontinued if this chapter had

not been enacted.

(d) Effect of chapter on suits commenced prior to effective date

Except as provided in subsection (f) of this section -

(1) the provisions of this chapter shall not affect suits

commenced prior to the date this chapter takes effect, and

(2) in all such suits proceedings shall be had, appeals taken,

and judgments rendered, in the same manner and effect as if this

chapter had not been enacted.

(e) Abatement of suits, actions, or other proceedings by or against

officer, department, or agency

No suit, action, or other proceeding commenced by or against any

officer in his official capacity as an officer of any department or

agency, functions of which are transferred by this chapter, shall

abate by reason of the enactment of this chapter. No cause of

action by or against any department or agency, functions of which

are transferred by this chapter, or by or against any officer

thereof in his official capacity shall abate by reason of the

enactment of this chapter. Causes of actions, suits, actions, or

other proceedings may be asserted by or against the United States

or such official as may be appropriate and, in any litigation

pending when this section takes effect, the court may at any time,

on its own motion or that of any party, enter any order which will

give effect to the provisions of this section.

(f) Continuation of suits; substitution of parties

If, before the date on which this chapter takes effect, any

department or agency, or officer thereof in his official capacity,

is a party to a suit, and under this chapter any function of such

department, agency, or officer is transferred to the Administrator

or Commission, or any other official, then such suit shall be

continued as if this chapter had not been enacted, with the

Administrator or Commission, or other official, as the case may be,

substituted.

(g) Judicial review of orders and actions in performance of

transferred functions; statutory requirements relating to

notices, hearings, action upon record, or administrative review

Final orders and actions of any official or component in the

performance of functions transferred by this chapter shall be

subject to judicial review to the same extent and in the same

manner as if such orders or actions had been made or taken by the

officer, department, agency, or instrumentality in the performance

of such functions immediately preceding the effective date of this

chapter. Any statutory requirements relating to notices, hearings,

action upon the record, or administrative review that apply to any

function transferred by this chapter shall apply to the performance

of those functions by the Administrator or Commission, or any

officer or component.

(h) References in other laws to department, agency, officer, or

office whose functions have been transferred deemed reference to

Administration, Administrator, or Commission

With respect to any functions transferred by this chapter and

performed after the effective date of this chapter, reference in

any other law to any department or agency, or any officer or

office, the functions of which are so transferred, shall be deemed

to refer to the Administration, the Administrator or Commission, or

other office or official in which this chapter vests such

functions.

(i) Limitation, curtailment, etc., of presidential functions or

authority

Nothing contained in this chapter shall be construed to limit,

curtail, abolish, or terminate any function of the President which

he had immediately before the effective date of this chapter; or to

limit, curtail, abolish, or terminate his authority to perform such

function; or to limit, curtail, abolish, or terminate his authority

to delegate, redelegate, or terminate any delegation of functions.

(j) References in chapter to provision of law deemed to include

references thereto as amended or supplemented

Any reference in this chapter to any provision of law shall be

deemed to include, as appropriate, references thereto as now or

hereafter amended or supplemented.

(k) Functions conferred by chapter deemed in addition to and not

substitution for functions existing before effective date

Except as may be otherwise expressly provided in this chapter,

all functions expressly conferred by this chapter shall be in

addition to and not in substitution for functions existing

immediately before the effective date of this chapter and

transferred by this chapter.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 301, Oct. 11, 1974, 88 Stat.

1248.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as

amended, which enacted this chapter, amended sections 5313 to 5316

of Title 5, Government Organization and Employees, repealed

sections 2031 and 2032 of this title, and enacted provisions set

out as notes under section 5801 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

References to "at the time this chapter takes effect" in subsec.

(b)(2), "the date this chapter takes effect" in subsec. (d)(1),

"date on which this chapter takes effect" in subsec. (f), and "the

effective date of this chapter" in subsecs. (g), (h), (i), and (k),

refer to the effective date of Pub. L. 93-438. See section 312 of

Pub. L. 93-438, set out as an Effective Date; Interim Appointments

note under section 5801 of this title.

-TRANS-

TRANSFER 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.

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5872 of this title.

-End-

-CITE-

42 USC Sec. 5872 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5872. Transfer of personnel

-STATUTE-

(a) Provisions of law applicable

Except as provided in the next sentence, the personnel employed

in connection with, and the personnel positions, assets,

liabilities, contracts, property, records, and unexpended balances

of appropriations, authorizations, allocations, and other funds

employed, held, used, arising from, available to or to be made

available in connection with the functions and programs transferred

by this chapter, are, subject to section 1531 of title 31,

correspondingly transferred for appropriate allocation. Personnel

positions expressly created by law, personnel occupying those

positions on the effective date of this chapter, and personnel

authorized to receive compensation at the rate prescribed for

offices and positions at levels II, III, IV, or V of the Executive

Schedule (5 U.S.C. 5313-5316) on the effective date of this chapter

shall be subject to the provisions of subsection (c) of this

section and section 5871 of this title.

(b) Prohibition against separation or reduction in grade or

compensation for one year after transfer

Except as provided in subsection (c) of this section, transfer of

nontemporary personnel pursuant to this chapter shall not cause any

such employee to be separated or reduced in grade or compensation

for one year after such transfer.

previous position

Any person who, on the effective date of this chapter, held a

position compensated in accordance with the Executive Schedule

prescribed in chapter 53 of title 5, and who, without a break in

service, is appointed in the Administration to a position having

duties comparable to those performed immediately preceding his

appointment shall continue to be compensated in his new position at

not less than the rate provided for his previous position.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 302, Oct. 11, 1974, 88 Stat.

1250.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsecs. (a)

and (c), refers to the effective date of Pub. L. 93-438. See

section 312 of Pub. L. 93-438, set out as an Effective Date;

Interim Appointments note under section 5801 of this title.

-COD-

CODIFICATION

In subsec. (a), "section 1531 of title 31" substituted for

"section 202 of the Budget and Accounting Procedures Act of 1950

(31 U.S.C. 581c)" on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC Sec. 5873 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5873. Director of Office of Management and Budget; power to

make dispositions

-STATUTE-

The Director of the Office of Management and Budget is authorized

to make such additional incidental dispositions of personnel,

personnel positions, assets, liabilities, contracts, property,

records, and unexpended balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available to

or to be made available in connection with functions transferred by

this chapter, as he may deem necessary or appropriate to accomplish

the intent and purpose of this chapter.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 303, Oct. 11, 1974, 88 Stat.

1250.)

-End-

-CITE-

42 USC Sec. 5874 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5874. Definitions

-STATUTE-

As used in this chapter -

(1) any reference to "function" or "functions" shall be deemed

to include references to duty, obligation, power, authority,

responsibility, right, privilege, and activity, or the plural

thereof, as the case may be; and

(2) any reference to "perform" or "performance", when used in

relation to functions, shall be deemed to include the exercise of

power, authority, rights, and privileges.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 304, Oct. 11, 1974, 88 Stat.

1251.)

-End-

-CITE-

42 USC Sec. 5875 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5875. Authorization of appropriations

-STATUTE-

(a) Except as otherwise provided by law, appropriations made

under this chapter shall be subject to annual authorization.

(b) Authorization of appropriations to the Commission shall

reflect the need for effective licensing and other regulation of

the nuclear power industry in relation to the growth of such

industry.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 305, Oct. 11, 1974, 88 Stat.

1251.)

-TRANS-

TRANSFER 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5821 of this title.

-End-

-CITE-

42 USC Sec. 5876 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5876. Comptroller General audit

-STATUTE-

(a) Section 166 of the Atomic Energy Act of 1954, as amended [42

U.S.C. 2206], shall be deemed to be applicable, respectively, to

the nuclear and nonnuclear activities under subchapter I of this

chapter and to the activities under subchapter II of this chapter.

(b) The Comptroller General of the United States shall audit,

review, and evaluate the implementation of the provisions of

subchapter II of this chapter by the Nuclear Safety and Licensing

Commission not later than sixty months after the effective date of

this chapter, the Comptroller General shall prepare and submit to

the Congress a report on his audit, which shall contain, but not be

limited to -

(1) an evaluation of the effectiveness of the licensing and

related regulatory activities of the Commission and the

operations of the Office of Nuclear Safety Research and the

Bureau of Nuclear Materials Security;

(2) an evaluation of the effect of such Commission activities

on the efficiency, effectiveness, and safety with which the

activities licensed under the Atomic Energy Act of 1954, as

amended [42 U.S.C. 2011 et seq.], are carried out;

(3) recommendations concerning any legislation he deems

necessary, and the reasons therefor, for improving the

implementation of subchapter II of this chapter.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 306, Oct. 11, 1974, 88 Stat.

1251.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (b),

is the effective date of Pub. L. 93-438. See section 312 of Pub. L.

93-438, set out as an Effective Date; Interim Appointments note

under section 5801 of this title.

The Atomic Energy Act of 1954, as amended, referred to in subsec.

(b)(2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30,

1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is

classified generally to chapter 23 (Sec. 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.

-TRANS-

TRANSFER 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 2708.

-End-

-CITE-

42 USC Sec. 5877 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5877. Reports to President for submission to Congress

-STATUTE-

(a) Report by Administrator on activities of Administration

The Administrator shall, as soon as practicable after the end of

each fiscal year, make a report to the President for submission to

the Congress on the activities of the Administration during the

preceding fiscal year. Such report shall include a statement of the

short-range and long-range goals, priorities, and plans of the

Administration together with an assessment of the progress made

toward the attainment of those objectives and toward the more

effective and efficient management of the Administration and the

coordination of its functions.

(b) Review of desirability and feasibility of transferring

functions of Administrator respecting military application and

restricted data to Department of Defense or other Federal

agencies; report by Administrator

During the first year of operation of the Administration, the

Administrator, in collaboration with the Secretary of Defense,

shall conduct a thorough review of the desirability and feasibility

of transferring to the Department of Defense or other Federal

agencies the functions of the Administrator respecting military

application and restricted data, and within one year after the

Administrator first takes office the Administrator shall make a

report to the President, for submission to the Congress, setting

forth his comprehensive analysis, the principal alternatives, and

the specific recommendations of the Administrator and the Secretary

of Defense.

The Commission shall, as soon as practicable after the end of

each fiscal year, make a report to the President for submission to

the Congress on the activities of the Commission during the

preceding fiscal year. Such report shall include a clear statement

of the short-range and long-range goals, priorities, and plans of

the Commission as they relate to the benefits, costs, and risks of

commercial nuclear power. Such report shall also include a clear

description of the Commission's activities and findings in the

following areas -

(1) insuring the safe design of nuclear powerplants and other

licensed facilities;

(2) investigating abnormal occurrences and defects in nuclear

powerplants and other licensed facilities;

(3) safeguarding special nuclear materials at all stages of the

nuclear fuel cycle;

(4) investigating suspected, attempted, or actual thefts of

special nuclear materials in the licensed sector and developing

contingency plans for dealing with such incidents;

(5) insuring the safe, permanent disposal of high-level

radioactive wastes through the licensing of nuclear activities

and facilities;

(6) protecting the public against the hazards of low-level

radioactive emissions from licensed nuclear activities and

facilities.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 307, Oct. 11, 1974, 88 Stat.

1251.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 10th item on page 186 of House Document No. 103-7.

-TRANS-

TRANSFER 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.

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-MISC2-

DESCRIPTION IN REPORT RESPECTING DECONTAMINATION, ETC.,

COLLABORATIVE EFFORTS AT THREE MILE ISLAND UNIT 2

Pub. L. 97-415, Sec. 10(c), Jan. 4, 1983, 96 Stat. 2071, provided

that: "The Nuclear Regulatory Commission shall include in its

annual report to the Congress under section 307(c) of the Energy

Reorganization Act of 1974 (42 U.S.C. 5877(c)) as a separate

chapter a description of the collaborative efforts undertaken, or

proposed to be undertaken, by the Commission and the Department of

Energy with respect to the decontamination, cleanup, repair, or

rehabilitation of facilities at Three Mile Island Unit 2."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5849, 7267 of this title.

-End-

-CITE-

42 USC Sec. 5878 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5878. Information to Congressional committees

-STATUTE-

The Administrator shall keep the appropriate congressional

committees fully and currently informed with respect to all of the

Administration's activities.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 308, Oct. 11, 1974, 88 Stat.

1252.)

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC Sec. 5878a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5878a. Funding and encouragement of small business;

information for inclusion in report

-STATUTE-

The Secretary of Energy shall,(!1) include, in the report

required by section 204(b) of the Department of Energy Act of 1978

- Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60),

information detailing the extent to which small business and

nonprofit organizations are being funded by the nonnuclear

research, development, and demonstration programs of the Secretary

of Energy, and the extent to which small business involvement

pursuant to section 5801(d) of this title is being encouraged by

the Secretary of Energy.

-SOURCE-

(Pub. L. 94-187, title III, Sec. 308, Dec. 31, 1975, 89 Stat. 1074;

Pub. L. 96-470, title II, Sec. 203(e), Oct. 19, 1980, 94 Stat.

2243.)

-REFTEXT-

REFERENCES IN TEXT

Section 204(b) of the Department of Energy Act 1978 - Civilian

Applications (42 U.S.C. 7256, note; 92 Stat. 60), referred to in

text, is section 204(b) of Pub. L. 95-238, title II, Feb. 25, 1978,

92 Stat. 59, as amended, which is set out as a note under section

7256 of this title.

-COD-

CODIFICATION

Section was not enacted as a part of the Energy Reorganization

Act of 1974 which comprises this chapter.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-470 substituted "include, in the report

required by section 204(b) of the Department of Energy Act of 1978

- Civilian Applications, information" for "by June 30, 1976, and by

the end of each fiscal year thereafter, submit a report to the

Committee on Science and Technology of the House of Representatives

and the Committee on Interior and Insular Affairs of the Senate"

and "Secretary of Energy" for "Administrator" wherever appearing.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 5879 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER III - MISCELLANEOUS AND TRANSITIONAL PROVISIONS

-HEAD-

Sec. 5879. Transfer of funds

-STATUTE-

The Administrator, when authorized in an appropriation Act, may,

in any fiscal year, transfer funds from one appropriation to

another within the Administration; except, that no appropriation

shall be either increased or decreased pursuant to this section by

more than 5 per centum of the appropriation for such fiscal year.

-SOURCE-

(Pub. L. 93-438, title III, Sec. 309, Oct. 11, 1974, 88 Stat.

1252.)

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - SEX DISCRIMINATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER IV - SEX DISCRIMINATION

-HEAD-

SUBCHAPTER IV - SEX DISCRIMINATION

-End-

-CITE-

42 USC Sec. 5891 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 73 - DEVELOPMENT OF ENERGY SOURCES

SUBCHAPTER IV - SEX DISCRIMINATION

-HEAD-

Sec. 5891. Sex discrimination prohibited

-STATUTE-

No person shall on the ground of sex be excluded from

participation in, be denied a license under, be denied the benefits

of, or be subjected to discrimination under any program or activity

carried on or receiving Federal assistance under any subchapter of

this chapter. This provision will be enforced through agency

provisions and rules similar to those already established, with

respect to racial and other discrimination, under title VI of the

Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. However, this

remedy is not exclusive and will not prejudice or cut off any other

legal remedies available to a discriminatee.

-SOURCE-

(Pub. L. 93-438, title IV, Sec. 401, Oct. 11, 1974, 88 Stat. 1254.)

-REFTEXT-

REFERENCES IN TEXT

Any subchapter of this chapter, referred to in text, was in the

original "any title of this Act", meaning Pub. L. 93-438, Oct. 11,

1974, 88 Stat. 1233, as amended, which enacted this chapter,

amended sections 5313 to 5316 of Title 5, Government Organization

and Employees, repealed sections 2031 and 2032 of this title, and

enacted provisions set out as notes under section 5801 of this

title.

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified generally to subchapter V

(Sec. 2000d et seq.) of chapter 21 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of this title and Tables.

-End-

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