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42 U.S.C. § 5849 — Other officers

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42 U.S.C. § 5849 — Other officers

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Page 6615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5849 tion specified in clauses (3) and (4) as soon as such information becomes available to it. (Pub. L. 93–438, title II, § 208, Oct. 11, 1974, 88 Stat. 1248; Pub. L. 104–66, title II, § 2171, Dec. 21, 1995, 109 Stat. 731.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in text, 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 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. AMENDMENTS 1995—Pub. L. 104–66 substituted ‘‘an annual report listing for the previous fiscal year’’ for ‘‘each quarter a report listing for that period’’ in first sentence. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 9th item on page 186 identifies a reporting provision which, as sub- sequently amended, is contained in this section), see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance. PRESIDENT’S COMMISSION ON THE ACCIDENT AT THREE MILE ISLAND; SUBPENA POWER Pub. L. 96–12, May 23, 1979, 93 Stat. 26, which author- ized the President’s Commission on the Accident at Three Mile Island, as established by Ex. Ord. No. 12130, Apr. 11, 1979, 44 F.R. 22027, formerly set out below, to issue subpenas requiring the attendance and testimony of witnesses and the produce of any evidence from the Nuclear Regulatory Commission or any person which related to the accident at Three Mile Island, and to issue orders for the inspection of the Three Mile Island nuclear power plant, with refusal to obey a subpena or inspection order punishable by contempt of court. 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. EXECUTIVE ORDER NO. 12130 Ex. Ord. No. 12130, Apr. 11, 1979, 44 F.R. 22027, which established the President’s Commission on the Acci- dent at Three Mile Island and provided for its func- tions, administration, final report, and termination, was revoked by section 1–103(h) of Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1252, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 12202 Ex. Ord. No. 12202, Mar. 18, 1980, 45 F.R. 17939, as amended by Ex. Ord. No. 12240, Sept. 26, 1980, 45 F.R. 64545, which established the Nuclear Safety Oversight Committee and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, § 22, Aug. 17, 1982, 47 F.R. 36100 and Ex. Ord. No. 12399, § 4(c), Dec. 31, 1982, 48 F.R. 380, formerly set out as notes under section 1013 of Title 5, Government Organization and Employ- ees. § 5849. Other officers (a) Executive Director The Commission shall appoint an Executive Director for Operations, who shall serve at the pleasure of and be removable by the Commis- sion. (b) Functions of Executive Director The Executive Director shall perform such functions as the Commission may direct, except that the Executive Director shall not limit the authority of the director of any component or- ganization provided in this chapter to commu- nicate with or report directly to the Commis- sion when such director of a component organi- zation deems it necessary to carry out his re- sponsibilities. Notwithstanding the preceding sentence, each such director shall keep the Ex- ecutive Director fully and currently informed concerning the content of all such direct com- munications with the Commission. (c) Equal employment opportunity report The Executive Director shall report to the Commission at semi-annual public meetings on the problems, progress, and status of the Com- mission’s equal employment opportunity efforts. (d) Annual status report The Executive Director shall prepare and for- ward to the Commission an annual report (for the fiscal year 1978 and each succeeding fiscal year) on the status of the Commission’s pro- grams concerning domestic safeguards matters including an assessment of the effectiveness and adequacy of safeguards at facilities and activi- ties licensed by the Commission. The Commis- sion shall forward to the Congress a report under this section prior to February 1, 1979, as a separate document, and prior to February 1 of each succeeding year as a separate chapter of the Commission’s annual report (required under section 5877(c) of this title) following the fiscal year to which such report applies. (e) Additional officers There shall be in the Commission not more than five additional officers appointed by the Commission. The positions of such officers shall be considered career positions and be subject to section 2201(d) of this title. (Pub. L. 93–438, title II, § 209, Oct. 11, 1974, 88 Stat. 1248; Pub. L. 95–601, §§ 4, 6, Nov. 6, 1978, 92 Stat. 2949.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. 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 classified to section 5851 of this title. 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. § 5851. Employee protection (a) Discrimination against employee (1) No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, condi- tions, or privileges of employment because the employee (or any person acting pursuant to a re- quest of the employee)— (A) notified his employer of an alleged viola- tion of this chapter or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); (B) refused to engage in any practice made unlawful by this chapter or the Atomic Energy Act of 1954, if the employee has identified the alleged illegality to the employer; (C) testified before Congress or at any Fed- eral or State proceeding regarding any provi- sion (or proposed provision) of this chapter or the Atomic Energy Act of 1954; (D) commenced, caused to be commenced, or is about to commence or cause to be com- menced a proceeding under this chapter or the Atomic Energy Act of 1954, as amended, or a proceeding for the administration or enforce- ment of any requirement imposed under this chapter or the Atomic Energy Act of 1954, as amended; (E) testified or is about to testify in any such proceeding or; (F) assisted or participated or is about to as- sist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this chapter or the Atomic En- ergy Act of 1954, as amended. (2) For purposes of this section, the term ‘‘em- ployer’’ includes— (A) a licensee of the Commission or of an agreement State under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021); (B) an applicant for a license from the Com- mission or such an agreement State; (C) a contractor or subcontractor of such a licensee or applicant; (D) a contractor or subcontractor of the De- partment of Energy that is indemnified by the Department under section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)), but such term shall not include any contractor or sub- contractor covered by Executive Order No. 12344; (E) a contractor or subcontractor of the Commission; (F) the Commission; and (G) the Department of Energy. (b) Complaint, filing and notification (1) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, within 180 days after such violation oc- curs, file (or have any person file on his behalf) a complaint with the Secretary of Labor (in this section referred to as the ‘‘Secretary’’) alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint, the Commission, and the De- partment of Energy. (2)(A) Upon receipt of a complaint filed under paragraph (1), the Secretary shall conduct an in- vestigation of the violation alleged in the com- plaint. Within thirty days of the receipt of such complaint, the Secretary shall complete such in- vestigation and shall notify in writing the com- plainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation con- ducted pursuant to this subparagraph. Within ninety days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Sec- retary and the person alleged to have committed such violation, issue an order either providing the relief prescribed by subparagraph (B) or de- nying the complaint. An order of the Secretary shall be made on the record after notice and op-

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

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

Page 5360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2011 Sec. 2297f–2. Regulation of Restricted Data. SUBCHAPTER VII—DECONTAMINATION AND DECOMMISSIONING 2297g. Uranium Enrichment Decontamination and Decommissioning Fund. 2297g–1. Deposits. 2297g–2. Department facilities. 2297g–3. Employee provisions. 2297g–4. Reports to Congress. SUBCHAPTER VIII—UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION 2297h. Definitions. 2297h–1. Sale of Corporation. 2297h–2. Method of sale. 2297h–3. Establishment of private corporation. 2297h–4. Transfers to private corporation. 2297h–5. Leasing of gaseous diffusion facilities. 2297h–6. Transfer of contracts. 2297h–7. Liabilities. 2297h–8. Employee protections. 2297h–9. Ownership limitations. 2297h–10. Uranium transfers and sales. 2297h–10a. Incentives for additional downblending of highly enriched uranium by the Rus- sian Federation. 2297h–10b. Secretarial determinations; congres- sional notification. 2297h–11. Low-level waste. 2297h–12. AVLIS. 2297h–13. Application of certain laws. Editorial Notes CODIFICATION The Atomic Energy Act of 1954, which is classified principally to this chapter, is act Aug. 1, 1946, ch. 724. It was originally enacted as the Atomic Energy Act of 1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con- sisted of sections 1 to 21 and was classified generally to chapter 14 (§ 1801 et seq.) of this title. The Atomic En- ergy Act of 1946 was renamed the Atomic Energy Act of 1954 and amended generally by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, and was subsequently transferred to this chapter. Sections that were enacted as part of the 1954 general amendment are shown herein as having been added to act Aug. 1, 1946, and not as amending it, due to the

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

42 U.S.C. § 2021 — Cooperation with States

**(a) Purpose** It is the purpose of this section— (1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this chapter of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials; (2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials; (3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials; (4) to establish procedures and criteria for discontinuance of certain of the Commission’s regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States; (5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States; and (6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable. **(b) Agreements with States** Except as provided in subsection (c), the Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under subchapters V, VI, and VII of this division, and [section 2201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201&num=0&edition=prelim), with respect to any one or more of the following materials within the State: (1) Byproduct materials (as defined in [section 2014(e) of this title

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

42 U.S.C. § 2021 — Cooperation with States

Page 5371 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021 1 So in original. Probably should not be capitalized. the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. § 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, if quali- fied under the provisions of said section, for the construction and operation of production or uti- lization facilities for the primary purpose of pro- ducing electric energy for disposition for ulti- mate public consumption. (Aug. 1, 1946, ch. 724, title I, § 273, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. § 2021. Cooperation with States (a) Purpose It is the purpose of this

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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. § 2210 — Indemnification and limitation of liability

Page 5496 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2209 guided by the policy of not making payments in excess of the taxes which would have been pay- able for such property in the condition in which it was acquired, except in cases where special burdens have been cast upon the State or local government by activities of the Commission, the Manhattan Engineer District or their agents. In any such case, any benefit accruing to the State or local government by reason of such activities shall be considered in determining the amount of the payment. (Aug. 1, 1946, ch. 724, title I, § 168, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1809(b) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2209. Subsidies No funds of the Commission shall be employed in the construction or operation of facilities li- censed under section 2133 or 2134 of this title ex- cept under contract or other arrangement en- tered into pursuant to section 2051 of this title. (Aug. 1, 1946, ch. 724, title I, § 169, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2210. Indemnification and limitation of liability (a) Requirement of financial protection for li- censees Each license issued under section 2133 or 2134 of this title and each construction permit issued under section 2235 of this title shall, and each li- cense issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in section 2012(i) of thi

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

42 U.S.C. § 5849 — Abnormal occurrence reports

The Commission shall submit to the Congress an annual report listing for the previous fiscal year any abnormal occurrences at or associated with any facility which is licensed or otherwise regulated pursuant to 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.], or pursuant to this chapter. For the purposes of this section an abnormal occurrence is an unscheduled incident or event which the Commission determines is significant from the standpoint of public health or safety. Nothing in the preceding sentence shall limit the authority of a court to review the determination of the Commission. Each such report shall contain— (1) the date and place of each occurrence; (2) the nature and probable consequence of each occurrence; (3) the cause or causes of each; and (4) any action taken to prevent reoccurrence; the Commission shall also provide as wide dissemination to the public of the information specified in clauses (1) and (2) of this section as reasonably possible within fifteen days of its receiving information of each abnormal occurrence and shall provide as wide dissemination to the public as reasonably possible of the information specified in clauses (3) and (4) as soon as such information becomes available to it.

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