50 U.S.C. § 167e — Intragovernmental cooperation

Page 57 TITLE 50—WAR AND NATIONAL DEFENSE § 167h Editorial Notes AMENDMENTS 2013—Pub. L. 113–40 amended section generally. Prior to amendment, section related to sale of helium. 1996—Subsec. (a). Pub. L. 104–273, § 4(a), substituted ‘‘from persons who have entered into enforceable con- tracts to purchase an equivalent amount of crude he- lium from the Secretary’’ for ‘‘from the Secretary’’. Subsec. (b). Pub. L. 104–273, § 4(b), inserted ‘‘crude’’ before ‘‘helium’’ and inserted at end ‘‘Except as may be required by reason of subsection (a), sales of crude he- lium under this section shall be in amounts as the Sec- retary determines, in consultation with the helium in- dustry, necessary to carry out this subsection with minimum market disruption.’’ Subsec. (c). Pub. L. 104–273, § 4(c)(2), which directed the amendment of subsec. (c) by substituting ‘‘all funds required to be repaid to the United States as of October 1, 1995 under this section (referred to in this subsection as ‘repayable amounts’). The price at which crude he- lium is sold by the Secretary shall not be less than the amount determined by the Secretary by—’’ and pars. (1) and (2) for ‘‘together with interest as provided in this subsection’’ and all that followed through the end of the subsec., was executed by making the substi- tution for language which read ‘‘together with interest as provided in subsection (d) of this section, the fol- lowing:’’ along with former pars. (1) to (3), to reflect the probable intent of Congress. Prior to amendment, pars. (1) to (3) read as follows: ‘‘(1) Within twenty-five years from September 13, 1960, the net capital and retained earnings of the he- lium production fund (established under section 164 of this title prior to amendment by the Helium Act Amendments of 1960), determined by the Secretary as of September 13, 1960, plus any moneys expended there- after by the Department of the Interior from funds pro- vided in the Supplemental Appropriation Act, 1959, for construction of a helium plant at Keyes, Oklahoma; ‘‘(2) Within twenty-five years from the date of bor- rowing, all funds borrowed, as provided in section 167j of this chapter, to acquire and construct helium plants and facilities; and ‘‘(3) Within twenty-five years from September 13, 1960, unless the Secretary determines that said period should be extended for not more than ten years, all funds borrowed, as provided in section 167j of this title for all purposes other than those specified in clause (2) above.’’ Pub. L. 104–273, § 4(c)(1), inserted ‘‘crude’’ after ‘‘Sales of’’. Subsec. (d). Pub. L. 104–273, § 4(d), inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘Compound interest on the amounts specified in clauses (1), (2), and (3) of subsection (c) which have not been paid to the Treasury shall be cal- culated annually at rates determined by the Secretary of the Treasury taking into consideration the current average market yields of outstanding marketable obli- gations of the United States having maturities com- parable to the investments authorized by this chapter, except that the interest rate on the amounts specified in clause (1) of subsection (c) shall be determined as of Sept. 13, 1960, and the interest rate on the obligations specified in clauses (2) and (3) of subsection (c) as of the time of each borrowing.’’ Subsecs. (e), (f). Pub. L. 104–273, § 4(e), (f), redesig- nated subsec. (f) as (e)(1), added par. (2), and struck out former subsec. (e) which read as follows: ‘‘Helium shall be sold for medical purposes at prices which will permit its general use therefor; and all sales of helium to non- Federal purchasers shall be upon condition that the Federal Government shall have a right to repurchase helium so sold that has not been lost or dissipated, when needed for Government use, under terms and at prices established by regulations.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Func- tions notes set out under those sections. § 167e. Intragovernmental cooperation The Secretary of Defense and the Chairman of the Atomic Energy Commission may each des- ignate representatives to cooperate with the Secretary in carrying out the purposes of this chapter, and shall have complete right of access to plants, data, and accounts. (Mar. 3, 1925, ch. 426, § 7, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 921.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Func- tions notes set out under those sections. § 167f. Repealed. Pub. L. 113–40, § 7(b), Oct. 2, 2013, 127 Stat. 544 Section, act Mar. 3, 1925, ch. 426, § 8, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 922; amended Pub. L. 104–273, § 5, Oct. 9, 1996, 110 Stat. 3318, related to elimi- nation of helium stockpile. § 167g. Promulgation of rules and regulations The Secretary is authorized to establish and promulgate such rules and regulations, as are consistent with the directions of this chapter and are necessary to carry out the provisions hereof. (Mar. 3, 1925, ch. 426, § 9, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 922.) § 167h. Administrative procedure (a) The provisions of subchapter II of chapter 5 of title 5 shall apply to any agency proceeding and any agency action taken under this chapter, including the issuance of rules and regulations, and the terms ‘‘agency proceeding’’ and ‘‘agency action’’ shall have the meaning specified in sub- chapter II of chapter 5 of title 5. (b) In any proceeding under this chapter for the granting, suspending, revoking, or amending of any license, or application to transfer control thereof, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, the Secretary shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. Any final order en- tered in any such proceeding shall be subject to judicial review in the manner prescribed in chapter 158 of title 28, and to the provisions of chapter 7 of title 5. (Mar. 3, 1925, ch. 426, § 10, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 922.) Editorial Notes CODIFICATION In subsecs. (a) and (b), ‘‘subchapter II of chapter 5 of title 5’’ and ‘‘chapter 7 of title 5’’ substituted for ‘‘the