dreamproit/uscode huggingface dataset:
42 U.S.C. § 5843 (THE PUBLIC HEALTH AND WELFARE)
§ 5843. Office of Nuclear Reactor Regulation
(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.
(c) Responsibility for safe operation of facilities
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.
(Pub. L. 93–438, title II, § 203, Oct. 11, 1974, 88 Stat. 1244.)
heading: References in Text
text: This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 921, which is classified generally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5846 (THE PUBLIC HEALTH AND WELFARE)
§ 5846. Compliance with safety regulations
(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].
(c) Posting of requirements
The requirements of this section shall be prominently posted on the premises of any facility licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.].
(d) Inspection and enforcement
The Commission is authorized to conduct such reasonable inspections and other enforcement activities as needed to insure compliance with the provisions of this section.
(Pub. L. 93–438, title II, § 206, Oct. 11, 1974, 88 Stat. 1246.)
heading: References in Text
text: The Atomic Energy Act of 1954, referred to in subsecs. (a) and (c), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 921, which is classified generally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5850 (THE PUBLIC HEALTH AND WELFARE)
§ 5850. Unresolved safety issues plan
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.
(Pub. L. 93–438, title II, § 210, as added Pub. L. 95–209, § 3, Dec. 13, 1977, 91 Stat. 1482.)
heading: Prior Provisions
text: Another section 210 of Pub. L. 93–438 was renumbered section 211 and is classified to section 5851 of this title.
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5853 (THE PUBLIC HEALTH AND WELFARE)
§ 5853. Limitation on legal fee reimbursement
The Department of Energy shall not, except as required under a contract entered into before August 8, 2005, reimburse any contractor or subcontractor of the Department for any legal fees or expenses incurred with respect to a complaint subsequent to—
(1) an adverse determination on the merits with respect to such complaint against the contractor or subcontractor by the Director of the Department of Energy’s Office of Hearings and Appeals pursuant to part 708 of title 10, Code of Federal Regulations, or by a Department of Labor Administrative Law Judge pursuant to section 5851 of this title; or
(2) an adverse final judgment by any State or Federal court with respect to such complaint against the contractor or subcontractor for wrongful termination or retaliation due to the making of disclosures protected under chapter 12 of title 5, section 5851 of this title, or any comparable State law,
unless the adverse determination or final judgment is reversed upon further administrative or judicial review.
(Pub. L. 93–438, title II, § 212, as added Pub. L. 109–58, title VI, § 627, Aug. 8, 2005, 119 Stat. 784.)
42 U.S.C. § 5872 (THE PUBLIC HEALTH AND WELFARE)
§ 5872. Transfer of personnel
(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.
(c) Compensation in new position at not less than rate provided for 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.
(Pub. L. 93–438, title III, § 302, Oct. 11, 1974, 88 Stat. 1250.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
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.
heading: Codification
text: 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, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5873 (THE PUBLIC HEALTH AND WELFARE)
§ 5873. Director of Office of Management and Budget; power to make dispositions
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.
(Pub. L. 93–438, title III, § 303, Oct. 11, 1974, 88 Stat. 1250.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
42 U.S.C. § 5874 (THE PUBLIC HEALTH AND WELFARE)
§ 5874. Definitions
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.
(Pub. L. 93–438, title III, § 304, Oct. 11, 1974, 88 Stat. 1251.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
42 U.S.C. § 5875 (THE PUBLIC HEALTH AND WELFARE)
§ 5875. Authorization of appropriations
(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.
(Pub. L. 93–438, title III, § 305, Oct. 11, 1974, 88 Stat. 1251.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5876 (THE PUBLIC HEALTH AND WELFARE)
§ 5876. Comptroller General audit
(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.
(Pub. L. 93–438, title III, § 306, Oct. 11, 1974, 88 Stat. 1251.)
heading: References in Text
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, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5878 (THE PUBLIC HEALTH AND WELFARE)
§ 5878. Information to Congressional committees
The Administrator shall keep the appropriate congressional committees fully and currently informed with respect to all of the Administration’s activities.
(Pub. L. 93–438, title III, § 308, Oct. 11, 1974, 88 Stat. 1252.)
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5878a (THE PUBLIC HEALTH AND WELFARE)
§ 5878a. Funding and encouragement of small business; information for inclusion in report
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.
(Pub. L. 94–187, title III, § 308, Dec. 31, 1975, 89 Stat. 1074; Pub. L. 96–470, title II, § 203(e), Oct. 19, 1980, 94 Stat. 2243.)
heading: References in Text
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.
heading: Codification
text: Section was not enacted as a part of the Energy Reorganization Act of 1974 which comprises this chapter.
heading: Amendments
text: 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.
42 U.S.C. § 5879 (THE PUBLIC HEALTH AND WELFARE)
§ 5879. Transfer of funds
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.
(Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88 Stat. 1252.)
heading: Transfer of Functions
text: 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.
42 U.S.C. § 5891 (THE PUBLIC HEALTH AND WELFARE)
§ 5891. Sex discrimination prohibited
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.
(Pub. L. 93–438, title IV, § 401, Oct. 11, 1974, 88 Stat. 1254.)
heading: References in Text
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 (§ 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.
42 U.S.C. § 5901 (THE PUBLIC HEALTH AND WELFARE)
§ 5901. Congressional statement of findings
The Congress hereby finds that—
(a) The Nation is suffering from a shortage of environmentally acceptable forms of energy.
(b) Compounding this energy shortage is our past and present failure to formulate a comprehensive and aggressive research and development program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies.
(c) The urgency of the Nation’s energy challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade.
(d) In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector.
(e) The Nation’s future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment.
(Pub. L. 93–577, § 2, Dec. 31, 1974, 88 Stat. 1879.)
heading: Short Title
text: Pub. L. 93–577, § 1(a), as added Pub. L. 109–58, title X, § 1009(b)(1), Aug. 8, 2005, 119 Stat. 934, provided that: “This Act [enacting this chapter] may be cited as the ‘Federal Nonnuclear Energy Research and Development Act of 1974’.”
heading: Definitions
text: Pub. L. 93–577, § 1(b), as added Pub. L. 109–58, title X, § 1009(b)(1), Aug. 8, 2005, 119 Stat. 934, provided that:
“In this Act [enacting this chapter]:
“(1) The term ‘Department’ means the Department of Energy.
“(2) The term ‘Secretary’ means the Secretary of Energy.”