42 U.S.C. § 5854 — Notification and reports by Chairman

Page 6619 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5854 downsizing and restructuring, the Chairman of the Nuclear Regulatory Commission may use funds appropriated in this Act to exercise the authority provided by section 663 of that Act with respect to employees who voluntarily sepa- rate from October 7, 1998, through December 31, 2000. All of the requirements in section 663 of Public Law 104–208, except for section 663(c)(2)(D), apply to the exercise of authority under this section. (e) Fiscal year applicability Subsections (a), (b), and (c) of this section shall apply to fiscal year 1999 and each suc- ceeding fiscal year. (Pub. L. 105–245, title V, § 506, Oct. 7, 1998, 112 Stat. 1856.) Editorial Notes REFERENCES IN TEXT Section 663 of Public Law 104–208, referred to in sub- sec. (d), is section 663 of Pub. L. 104–208, div. A, title I, § 101(f) [title VI], Sept. 30, 1996, 110 Stat. 3009–314, 3009–383, which is set out as a note under section 5597 of Title 5, Government Organization and Employees. This Act, referred to in subsec. (d), is Pub. L. 105–245, Oct. 7, 1998, 112 Stat. 1838, known as the Energy and Water Development Appropriations Act, 1999. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 1999, and not as part of the Energy Reorganization Act of 1974 which com- prises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 105–62, title IV, Oct. 13, 1997, 111 Stat. 1336. Pub. L. 104–206, title IV, Sept. 30, 1996, 110 Stat. 3000. Pub. L. 104–46, title IV, Nov. 13, 1995, 109 Stat. 417. Pub. L. 103–316, title IV, Aug. 26, 1994, 108 Stat. 1721. Pub. L. 103–126, title IV, Oct. 28, 1993, 107 Stat. 1332. Pub. L. 102–377, title IV, Oct. 2, 1992, 106 Stat. 1340. Pub. L. 102–104, title IV, Aug. 17, 1991, 105 Stat. 534. Pub. L. 101–514, title IV, Nov. 5, 1990, 104 Stat. 2096. Pub. L. 101–101, title IV, Sept. 29, 1989, 103 Stat. 664. Pub. L. 100–371, title IV, July 19, 1988, 102 Stat. 872. Pub. L. 100–202, § 101(d) [title IV], Dec. 22, 1987, 101 Stat. 1329–104, 1329–128. Pub. L. 99–500, § 101(e) [title IV], Oct. 18, 1986, 100 Stat. 1783–194, 1783–211, and Pub. L. 99–591, § 101(e) [title IV], Oct. 30, 1986, 100 Stat. 3341–194, 3341–211. Pub. L. 99–141, title IV, Nov. 1, 1985, 99 Stat. 577. Pub. L. 98–360, title IV, July 16, 1984, 98 Stat. 419. Pub. L. 98–50, title IV, July 14, 1983, 97 Stat. 260. Pub. L. 97–88, title IV, Dec. 4, 1981, 95 Stat. 1147. Pub. L. 96–367, title IV, Oct. 1, 1980, 94 Stat. 1344. Pub. L. 96–69, title IV, Sept. 25, 1979, 93 Stat. 449. § 5853. Limitation on legal fee reimbursement The Department of Energy shall not, except as required under a contract entered into before August 8, 2005, reimburse any contractor or sub- contractor 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 Depart- ment of Labor Administrative Law Judge pur- suant to section 5851 of this title; or (2) an adverse final judgment by any State or Federal court with respect to such com- plaint 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, or any comparable State law, unless the adverse determination or final judg- ment is reversed upon further administrative or judicial review. (Pub. L. 93–438, title II, § 212, as added Pub. L. 109–58, title VI, § 627, Aug. 8, 2005, 119 Stat. 784.) § 5854. Notification and reports by Chairman The Chairman of the Nuclear Regulatory Com- mission shall notify the other members of the Commission, the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, not later than 1 day after the Chairman begins performing functions under the authority of sec- tion 3 of Reorganization Plan No. 1 of 1980, or after a member of the Commission who is dele- gated emergency functions under subsection (b) of that section begins performing those func- tions. Such notification shall include an expla- nation of the circumstances warranting the ex- ercise of such authority. The Chairman shall re- port to the Committees, not less frequently than once each week, on the actions taken by the Chairman, or a delegated member of the Com- mission, under such authority, until the author- ity is relinquished. The Chairman shall notify the Committees not later than 1 day after such authority is relinquished. The Chairman shall submit the report required by section 3(d) of the Reorganization Plan No. 1 of 1980 to the Com- mittees not later than 1 day after it was sub- mitted to the Commission. This section shall be in effect in fiscal year 2015 and each subsequent fiscal year. (Pub. L. 113–235, div. D, title IV, § 401, Dec. 16, 2014, 128 Stat. 2330.) Editorial Notes REFERENCES IN TEXT Reorganization Plan No. 1 of 1980, referred to in text, is set out as a note under section 5841 of this title. CODIFICATION Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Energy Reorganization Act of 1974 which comprises this chapter. Page 6620 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5871 SUBCHAPTER III—MISCELLANEOUS AND TRANSITIONAL PROVISIONS § 5871. Transitional provisions (a) Lapse of agency or other body from which functions or programs have been transferred and positions or offices therein Except as otherwise provided in this chapter, whenever all of the functions or programs of an agency, or other body, or any component there- of, affected by this chapter, have been trans- ferred from that agency, or other body, or any component thereof by this chapter, the agency, or other body, or component thereof shall lapse. If an agency, or other body, or any component thereof, lapses pursuant to the preceding sen- tence, each position and office therein which was expressly authorized by law, or the incum- bent of which was authorized to receive com- pensation at the rate prescribed for an office or position at level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313–5316), shall lapse. (b) Continuation of orders, determinations, rules, etc. All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdic- tion, in the performance of functions which are transferred under this chapter, and (2) which are in effect at the time this chap- ter takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Adminis- trator, the Commission, or other authorized offi- cials, a court of competent jurisdiction, or by operation of law. (c) Effect of chapter on proceedings pending be- fore Atomic Energy Commission or other de- partment or agency The provisions of this chapter shall not affect any proceeding pending, at the time this section takes effect, before the Atomic Energy Commis- sion or any department or agency (or component thereof) functions of which are transferred by this chapter; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken there- from, and payments shall be made pursuant to such orders, as if this chapter had not been en- acted; and orders issued in any such proceedings shall continue in effect until modified, termi- nated, superseded, or revoked by a duly author- ized official, by a court of competent jurisdic- tion, or by operation of law. Nothing in this sub- section shall be deemed to prohibit the dis- continuance or modification of any such pro- ceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued if this chapter had not been enacted. (d) Effect of chapter on suits commenced prior to effective date Except as provided in subsection (f)— (1) the provisions of this chapter shall not affect suits commenced prior to the date this chapter takes effect, and (2) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this chapter had not been enacted. (e) Abatement of suits, actions, or other pro- ceedings by or against officer, department, or agency No suit, action, or other proceeding com- menced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this chapter, shall abate by reason of the enact- ment of this chapter. No cause of action by or against any department or agency, functions of which are transferred by this chapter, or by or against any officer thereof in his official capac- ity shall abate by reason of the enactment of this chapter. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official as may be ap- propriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter any order which will give effect to the pro- visions of this section. (f) Continuation of suits; substitution of parties If, before the date on which this chapter takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this chapter any function of such department, agency, or officer is transferred to the Administrator or Commission, or any other official, then such suit shall be continued as if this chapter had not been enacted, with the Ad- ministrator or Commission, or other official, as the case may be, substituted. (g) Judicial review of orders and actions in per- formance of transferred functions; statutory requirements relating to notices, hearings, action upon record, or administrative review Final orders and actions of any official or component in the performance of functions transferred by this chapter shall be subject to judicial review to the same extent and in the same manner as if such orders or actions had been made or taken by the officer, department, agency, or instrumentality in the performance of such functions immediately preceding the ef- fective date of this chapter. Any statutory re- quirements relating to notices, hearings, action upon the record, or administrative review that apply to any function transferred by this chap- ter shall apply to the performance of those func- tions by the Administrator or Commission, or any officer or component. (h) References in other laws to department, agency, officer, or office whose functions have been transferred deemed reference to Administration, Administrator, or Commis- sion With respect to any functions transferred by this chapter and performed after the effective date of this chapter, reference in any other law to any department or agency, or any officer or office, the functions of which are so transferred,