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42 U.S.C. § 5815 — Abolition and transfers

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

42 U.S.C. § 5815 — Abolition and transfers

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Stable record: federal_law:legal_authorities:record_usc_f367240dfea7ea918b08e58f
Source file: Laws/federal/codes/united-states-code/title-42/section-5815-abolition-and-transfers--aac1538935.md
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Source location: Title 42, Chapter 73, § 5815; chapter-073-development-of-energy-sources.md

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**(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 Sections 2031 and 2032 of this title are repealed.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. **(c) Functions of Atomic Energy Commission transferred to 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 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section661–669&num=0&edition=prelim)); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5813&num=0&edition=prelim), 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.

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

42 U.S.C. § 2018 — Agency jurisdiction

Nothing in this chapter shall be construed to affect the authority or regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of electric power produced through the use of nuclear facilities licensed by the Commission: Provided, That this section shall not be deemed to confer upon any Federal, State, or local agency any authority to regulate, control, or restrict any activities of the Commission.

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

42 U.S.C. § 2190 — Saving clause for prior patent applications

Any patent application on which a patent was denied by the United States Patent and Trademark Office under sections 1811(a)(1), 1811(a)(2), or 1811(b) 11 See References in Text note below. of this title, and which is not prohibited by section 2181 or 2185 of this title may be reinstated upon application to the Commissioner of Patents and Trademarks within one year after August 30, 1954 and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States.

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

42 U.S.C. § 2201 — General duties of Commission

In the performance of its functions the Commission is authorized to— **(a) Establishment of advisory boards** establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commission issues regulations setting forth the scope, procedure, and limitations of the authority of each such board; **(b) Standards governing use and possession of material** establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235; **(c) Studies and investigations** make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this chapter, or in the administration or enforcement of this chapter, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. Witnesses subpenaed under this subsecti

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

42 U.S.C. § 2187 — Compensation, awards, and royalties

**(a) Patent Compensation Board** The Commission shall designate a Patent Compensation Board to consider applications under this section. The members of the Board shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Board. The members of the Board may serve as such without regard to the provisions of sections 281, 283, or 284 11 See References in Text note below. of title 18, except in so far as such sections may prohibit any such member from receiving compensation in respect of any particular matter which directly involves the Commission or in which the Commission is directly interested. **(b) Eligibility** (1) Any owner of a patent licensed under section 2188 or 2183(b) or 2183(e) of this title, or any patent licensee thereunder may make application to the Commission for the determination of a reasonable royalty fee in accordance with such procedures as the Commission by regulation may establish. (2) Any person seeking to obtain the just compensation provided in [section 2181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2181&num=0&edition=prelim) shall make application therefor to the Commission in accordance with such procedures as the Commission may by regulation establish. (3) Any person making any invention or discovery useful in the production or utilization of special nuclear material or atomic energy, who is not entitled to compensation or a royalty therefor under this chapter and who has complied with the provisions of [section 2181(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2181/c&num=0&edition=prelim) may make application

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

42 U.S.C. § 2112 — Foreign distribution of byproduct material

**(a) Cooperation with other Nations** The Commission is authorized to cooperate with any nation by distributing byproduct material, and to distribute byproduct material, pursuant to the terms of an agreement for cooperation to which such nation is party and which is made in accordance with [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim). **(b) Distribution to individuals** The Commission is also authorized to distribute byproduct material to any person outside the United States upon application therefor by such person and demand such charge for such material as would be charged for the material if it were distributed within the United States: Provided, however, That the Commission shall not distribute any such material to any person under this section if, in its opinion, such distribution would be inimical to the common defense and security: And provided further, That the Commission may require such reports regarding the use of material distributed pursuant to the provisions of this section as it deems necessary. **(c) Distributor’s license** The Commission is authorized to license others to distribute byproduct material to any person outside the United States under the same conditions, except as to charges, as would be applicable if the material were distributed by the Commission.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2112

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

42 U.S.C. § 2210 — Indemnification and limitation of liability

**(a) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law. **(b) Amount and type of financial protection for licensees** (1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot

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

42 U.S.C. § 2165 — Security restrictions

**(a) On contractors and licensees** No arrangement shall be made under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim), no contract shall be made or continued in effect under [section 2061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2061&num=0&edition=prelim), and no license shall be issued under section 2133 or 2134 of this title, unless the person with whom such arrangement is made, the contractor or prospective contractor, or the prospective licensee agrees in writing not to permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security. **(b) Employment of personnel; access to Restricted Data** Except as authorized by the Commission or the General Manager upon a determination by the Commission or General Manager that such action is clearly consistent with the national interest, no individual shall be employed by the Commission nor shall the Commission permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security. **(c) Acceptance of investigation and clearance granted by other Government

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

42 U.S.C. § 2020 — Licensing of Government agencies

Nothing in this chapter shall preclude any Government agency now or hereafter authorized by law to engage in the production, marketing, or distribution of electric energy from obtaining a license under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2133&num=0&edition=prelim), if qualified under the provisions of said section, for the construction and operation of production or utilization facilities for the primary purpose of producing electric energy for disposition for ultimate public consumption.

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

42 U.S.C. § 2185 — Prior art

In connection with applications for patents covered by this subchapter, the fact that the invention or discovery was known or used before shall be a bar to the patenting of such invention or discovery even though such prior knowledge or use was under secrecy within the atomic energy program of the United States.

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

42 U.S.C. § 2139 — Component and other parts of facilities

**(a) Licenses for domestic activities** With respect to those utilization and production facilities which are so determined by the Commission pursuant to section 2014(v)(2) or 2014(cc)(2) of this title the Commission may issue general licenses for domestic activities required to be licensed under [section 2131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2131&num=0&edition=prelim), if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. **(b) Export licenses** After consulting with the Secretaries of State, Energy, and Commerce, the Commission is authorized and directed to determine which component parts as defined in section 2014(v)(2) or 2014(cc)(2) of this title and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as provided in [section 2155(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155/b/2&num=0&edition=prelim), no such component, substance, or item which is so determined by the Commission shall be exported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assurances provided and other information available to the Federal Government, including the Commission, that the following criteria or their equivalent are met: (1) IAEA safeguards as required by Article III (2) of the Treaty will be applied with respect to such component, substance, or item; (2) no such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosiv

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