dreamproit/uscode huggingface dataset:
42 U.S.C. § 5811 (THE PUBLIC HEALTH AND WELFARE)
§ 5811. Establishment of Energy Research and Development Administration
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”).
(Pub. L. 93–438, title I, § 101, Oct. 11, 1974, 88 Stat. 1234.)
heading: Editorial Notes
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, 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amended, which enacted this chapter, amended sections 5313 to 5316 of Title 5, Government Organization and Employees, repealed sections 2031 and 2032 of this title, and enacted provisions set out as notes under section 5801 of this title.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.
heading: Statutory Notes and Related Subsidiaries
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. § 5816a (THE PUBLIC HEALTH AND WELFARE)
§ 5816a. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(7), Feb. 10, 1996, 110 Stat. 664
text: Section, Pub. L. 95–39, title III, § 308, June 3, 1977, 91 Stat. 189; Pub. L. 96–470, title II, § 203(d), Oct. 19, 1980, 94 Stat. 2243, related to financial statements of Department of Energy officers and employees.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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 2302 of Title 10, Armed Forces.
42 U.S.C. § 5817a (THE PUBLIC HEALTH AND WELFARE)
§ 5817a. Employee-suggested research projects; approval; funding; reports
(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.
(Pub. L. 95–39, title III, § 303, June 3, 1977, 91 Stat. 189.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Energy Reorganization Act of 1974 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
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. § 5818 (THE PUBLIC HEALTH AND WELFARE)
§ 5818. Repealed. Pub. L. 95–91, title VII, § 709(b), Aug. 4, 1977, 91 Stat. 608
text: Section, Pub. L. 93–438, title I, § 108, Oct. 11, 1974, 88 Stat. 1241; Pub. L. 94–385, title I, §§ 162, 163, Aug. 14, 1976, 90 Stat. 1140, 1142; Pub. L. 95–39, title V, § 510(b), (c), June 3, 1977, 91 Stat. 200, related to establishment of an Energy Resources Council.
heading: Executive Documents
heading: Executive Order No. 11814
text: 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.
42 U.S.C. § 5819 (THE PUBLIC HEALTH AND WELFARE)
§ 5819. Report to Congress on future reorganization
(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) 1 of title 15.
(Pub. L. 93–438, title I, § 109, Oct. 11, 1974, 88 Stat. 1242.)
heading: Editorial Notes
heading: References in Text
text: Section 774(a)(4) of title 15, referred to in subsec. (b), was struck out by Pub. L. 94–385, title I, § 109(a)(1), Aug. 14, 1976, 90 Stat. 1130.
42 U.S.C. § 5820 (THE PUBLIC HEALTH AND WELFARE)
§ 5820. Coordination with environmental efforts
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.
(Pub. L. 93–438, title I, § 110, Oct. 11, 1974, 88 Stat. 1242.)
heading: Statutory Notes and Related Subsidiaries
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.
heading: Research Applied to National Needs; Coordination of Energy Research and Development Activities
text: Pub. L. 94–471, § 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, § 5, Aug. 9, 1975, 89 Stat. 430.
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: Editorial Notes
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. 919, which is classified principally 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: Executive Documents
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: Editorial Notes
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. 919, which is classified principally 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: Executive Documents
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: Editorial Notes
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: Executive Documents
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. § 5854 (THE PUBLIC HEALTH AND WELFARE)
§ 5854. Notification and reports by Chairman
The Chairman of the Nuclear Regulatory Commission shall notify the other members of the Commission, the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, not later than 1 day after the Chairman begins performing functions under the authority of section 3 of Reorganization Plan No. 1 of 1980, or after a member of the Commission who is delegated emergency functions under subsection (b) of that section begins performing those functions. Such notification shall include an explanation of the circumstances warranting the exercise of such authority. The Chairman shall report to the Committees, not less frequently than once each week, on the actions taken by the Chairman, or a delegated member of the Commission, under such authority, until the authority is relinquished. The Chairman shall notify the Committees not later than 1 day after such authority is relinquished. The Chairman shall submit the report required by section 3(d) of the Reorganization Plan No. 1 of 1980 to the Committees not later than 1 day after it was submitted to the Commission. This section shall be in effect in fiscal year 2015 and each subsequent fiscal year.
(Pub. L. 113–235, div. D, title IV, § 401, Dec. 16, 2014, 128 Stat. 2330.)
heading: Editorial Notes
heading: References in Text
text: Reorganization Plan No. 1 of 1980, referred to in text, is set out as a note under section 5841 of this title.
heading: Codification
text: Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Energy Reorganization Act of 1974 which comprises this chapter.
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Executive Documents
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 and to the activities under subchapter II.
(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.
(Pub. L. 93–438, title III, § 306, Oct. 11, 1974, 88 Stat. 1251.)
heading: Editorial Notes
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. 919, which is classified principally 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: Executive Documents
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.