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42 U.S.C. § 5851 — Unresolved safety issues plan
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_34a9d813275b7565831fb5f7
Source file: Laws/federal/codes/united-states-code/title-42/section-5851-unresolved-safety-issues-plan--ac79c517a4.md
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Source location: Title 42, Chapter 73, § 5851; chapter-073-development-of-energy-sources.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2017&num=0&edition=prelim), [section 5915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5915&num=0&edition=prelim), and [section 5875 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5875&num=0&edition=prelim). 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 vest
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5841
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons subject to penalty** Any person who has entered into an agreement of indemnification under [section 2210(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim) (or any subcontractor or supplier thereto) who violates (or whose employee violates) any applicable rule, regulation or order related to nuclear safety prescribed or issued by the Secretary of Energy pursuant to this chapter (or expressly incorporated by reference by the Secretary for purposes of nuclear safety, except any rule, regulation, or order issued by the Secretary of Transportation), or who violates any applicable law, rule, regulation, or order related to nuclear safety whistleblower protections, shall be subject to a civil penalty of not to exceed $100,000 for each such violation. If any violation under this subsection is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Secretary of Energy may carry out this section with respect to the National Nuclear Security Administration by acting through the Administrator for Nuclear Security.
**(b) Determination of amount**
(1) The Secretary shall have the power to compromise, modify or remit, with or without conditions, such civil penalties and to prescribe regulations as he may deem necessary to implement this section.
(2) In determining the amount of any civil penalty under this subsection, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2282a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) OSHA**
(1) As of the privatization date, the private corporation shall be subject to and comply with the Occupational Safety and Health Act of 1970 ([29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.).
(2) The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, within 90 days after April 26, 1996, enter into a memorandum of agreement to govern the exercise of their authority over occupational safety and health hazards at the gaseous diffusion plants, including inspection, investigation, enforcement, and rulemaking relating to such hazards.
**(b) Antitrust laws** For purposes of the antitrust laws, the performance by the private corporation of a “matched import” contract under the Suspension Agreement shall be considered to have occurred prior to the privatization date, if at the time of privatization, such contract had been agreed to by the parties in all material terms and confirmed by the Secretary of Commerce under the Suspension Agreement.
**(c) Energy Reorganization Act requirements**
(1) The private corporation and its contractors and subcontractors shall be subject to the provisions of [section 5851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5851&num=0&edition=prelim) to the same extent as an employer subject to such section.
(2) With respect to the operation of the facilities leased by the private corporation, [section 5846 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5846&num=0&edition=prelim) shall apply to the directors and officers of the private corporation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2297h–13
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5851&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5851&num=0&edition=prelim), or any comparable State law,
unless the adverse determination or final judgment is reversed upon further administrative or judicial review.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5854
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Federal law — U.S. Code and appendices · legal_authorities
Page 6616
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5850
AMENDMENTS
1978—Subsec. (b). Pub. L. 95–601, § 4(a), inserted provi-
sion requiring component organization directors to
keep the Executive Director informed as to commu-
nications with the Commission.
Subsec. (c). Pub. L. 95–601, § 4(b), added subsec. (c).
Former subsec. (c) redesignated (e).
Subsec. (d). Pub. L. 95–601, § 6, added subsec. (d).
Subsec. (e). Pub. L. 95–601, § 4(b), redesignated former
subsec. (c) as (e).
Statutory Notes and Related Subsidiaries
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, 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.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regu-
latory 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.
§ 5850. Unresolved safety issues plan
The Commission shall develop a plan pro-
viding for the specification and analysis of unre-
solved 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.)
Editorial Notes
PRIOR PROVISIONS
Another section 210 of Pub. L. 93–438 was renumbered
section 211 and is classif
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5851
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