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42 U.S.C. § 5842 — Establishment and transfers

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5842 — Establishment and transfers

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Stable record: federal_law:legal_authorities:record_usc_a7a87e2c63065ac71fb842c7
Source file: Laws/federal/codes/united-states-code/title-42/section-5842-establishment-and-transfers--2a72878beb.md
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Source location: Title 42, Chapter 73, § 5842; chapter-073-development-of-energy-sources.md

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**(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. **(c) Term of office** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5814/c&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5845&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.], and of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5801 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5801

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5845 — Office of Nuclear Safety and Safeguards

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5849&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) 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 a

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3201 — Programs

**(a) Energy development programs** The United States shall initiate a program, consistent with the aims of [section 3261 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3261&num=0&edition=prelim), to cooperate with developing countries for the purpose of— (1) meeting the energy needs required for the development of such countries; (2) reducing the dependence of such countries on petroleum fuels, with emphasis given to utilizing solar and other renewable energy resources; and (3) expanding the energy alternatives available to such countries. **(b) Energy assessments and cooperative projects** Such program shall include cooperation in evaluating the energy alternatives of developing countries, facilitating international trade in energy commodities, developing energy resources, and applying suitable energy technologies. The program shall include both general and country-specific energy assessments and cooperative projects in resource exploration and production, training, research and development. **(c) Exchange of scientists, technicians, and energy experts** As an integral part of such program, the Department of Energy, under the general policy guidance of the Department of State and in cooperation with the Agency for International Development and other Federal agencies as appropriate, shall initiate, as soon as practicable, a program for the exchange of United States scientists, technicians, and energy experts with those of developing countries to implement the purposes of this section. **(d) Authorization of appropriations** For the purposes of carrying out this section, there is authorized to be appropriated such sums as are contained in annual authorization Acts for the Department of Energy, including such sums which h

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3201

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5848 — Nuclear energy center site survey

**(a)** (1) 11 So in original. No subsec. (b) has been enacted. 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 22 So in original. Probably should be “uranium”. 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5848

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5841 — Annual authorization Acts

**(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

5 U.S.C. § 906 — Effective date and publication of reorganization plans

**(a)** Except as provided under subsection (c) of this section, a reorganization plan shall be effective upon approval by the President of a resolution (as defined in section 909) with respect to such plan, if such resolution is passed by the House of Representatives and the Senate, within the first period of 90 calendar days of continuous session of Congress after the date on which the plan is transmitted to Congress. Failure of either House to act upon such resolution by the end of such period shall be the same as disapproval of the resolution. **(b)** For the purpose of this chapter— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. **(c)** Under provisions contained in a reorganization plan, any provision thereof may be effective at a time later than the date on which the plan otherwise is effective. **(d)** A reorganization plan which is effective shall be printed (1) in the Statutes at Large in the same volume as the public laws and (2) in the Federal Register.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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10 U.S.C. § 6192 — Defense site acceleration completion

**(a) In General.—** Notwithstanding the provisions of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim) et seq.), the requirements of section 202 of the Energy Reorganization Act of 1974 ([42 U.S.C. 5842](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5842&num=0&edition=prelim)), and other laws that define classes of radioactive waste, with respect to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by the State, the term “high-level radioactive waste” does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy (in this section referred to as the “Secretary”), in consultation with the Nuclear Regulatory Commission (in this section referred to as the “Commission”), determines— (1) does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste; (2) has had highly radioactive radionuclides removed to the maximum extent practical; and (3) (A) does not exceed concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of— (i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; and (ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; or (B) exceeds concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federa

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6192

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