42 U.S.C. § 2035 — Divisions, offices, and positions

Page 5394 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2035 (Aug. 1, 1946, ch. 724, title I, § 24, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 925; amended Pub. L. 85–287, § 2, Sept. 4, 1957, 71 Stat. 612; Pub. L. 88–426, title III, § 306(f)(1)–(3), Aug. 14, 1964, 78 Stat. 429; 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 1802(a)(4)(A) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1964—Subsec. (a). Pub. L. 88–426, § 306(f)(1), struck out provisions which prescribed the compensation of the General Manager. Such compensation is now prescribed by section 5315 of Title 5, Government Organization and Employees. Subsec. (b). Pub. L. 88–426, § 306(f)(2), struck out provi- sions which prescribed the compensation of the Deputy General Manager. Such compensation is now prescribed by section 5316 of Title 5, Government Organization and Employees. Subsec. (c). Pub. L. 88–426, § 306(f)(3), struck out provi- sions which prescribed the compensation of the Assist- ant General Managers. Such compensation is now pre- scribed by section 5316 of Title 5, Government Organiza- tion and Employees. 1957—Subsec. (a). Pub. L. 85–287 designated existing provisions as subsec. (a), designated the General Man- ager as the chief executive officer of the Commission, and increased his compensation from $20,000 to $22,000 per annum. Subsecs. (b), (c). Pub. L. 85–287 added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426, title V, Aug. 14, 1964, 78 Stat. 435. § 2035. Divisions, offices, and positions There is established within the Commission— (a) Program divisions; appointment and pow- ers of Assistant General Manager and Divi- sion Directors a Division of Military Application and such other program divisions (not to exceed ten in number) as the Commission may determine to the necessary to the discharge of its respon- sibilities, including a division or divisions the primary responsibilities of which include the development and application of civilian uses of atomic energy. The Division of Military Ap- plication shall be under the direction of an As- sistant General Manager for Military Applica- tion, who shall be appointed by the Commis- sion and shall be an active commissioned offi- cer of the Armed Forces serving in general or flag officer rank or grade, as appropriate. Each other program division shall be under the di- rection of a Director who shall be appointed by the Commission. The Commission shall re- quire each such division to exercise such of the Commission’s administrative and execu- tive powers as the Commission may deter- mine; (b) General Counsel an Office of the General Counsel under the direction of the General Counsel who shall be appointed by the Commission; and (c) Inspection Division; duties an Inspection Division under the direction of a Director who shall be appointed by the Com- mission. The Inspection Division shall be re- sponsible for gathering information to show whether or not the contractors, licensees, and officers and employees of the Commission are complying with the provisions of this chapter (except those provisions for which the Federal Bureau of Investigation is responsible) and the appropriate rules and regulations of the Com- mission. (d) Executive management positions; appoint- ment; removal such other executive management positions (not to exceed six in number) as the Commis- sion may determine to be necessary to the dis- charge of its responsibilities. Such positions shall be established by the General Manager with the approval of the Commission. They shall be appointed by the General Manager with the approval of the Commission, shall serve at the pleasure of the General Manager, and shall be removable by the General Man- ager. (Aug. 1, 1946, ch. 724, title I, § 25, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 925; amended Pub. L. 85–287, § 3, Sept. 4, 1957, 71 Stat. 612; Pub. L. 88–426, title III, § 306(f)(4)–(7), Aug. 14, 1964, 78 Stat. 429, 430; Pub. L. 90–190, § 5, Dec. 14, 1967, 81 Stat. 577; 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 subsec. (c), 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 clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 1802(a)(4)(B) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1967—Subsec. (a). Pub. L. 90–190 substituted an Assist- ant General Manager for Military Application, who would be appointed by the Commission, for the Direc- tor of the Division of Military Application as the head of the Division of Military Application, inserted re- quirement that the Assistant General Manager be a commissioned officer of the Armed Forces serving in general or flag officer rank or grade, as appropriate, and substituted ‘‘other program division’’ for ‘‘such di- vision’’. 1964—Subsec. (a). Pub. L. 88–426, § 306(f)(4), struck out provisions which prescribed the compensation of direc- tors of program divisions. Subsec. (b). Pub. L. 88–426, § 306(f)(5), struck out provi- sions which prescribed compensation of General Coun- sel. Such compensation is now prescribed by section 5316 of Title 5, Government Organization and Employ- ees. Page 5395 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2038 Subsec. (c). Pub. L. 88–426, § 306(f)(6), struck out provi- sions which prescribed compensation of Director of In- spection Division. Subsec. (d). Pub. L. 88–426, § 306(f)(7), struck out provi- sions which prescribed compensation of executive man- agement positions. 1957—Pub. L. 85–287 substituted ‘‘Divisions, offices, and positions’’ for ‘‘Divisions and offices’’ in section catchline. Subsec. (a). Pub. L. 85–287 increased compensation of Director from $16,000 to $19,000 per annum. Subsec. (b). Pub. L. 85–287 increased compensation of General Counsel from $16,000 to $19,500 per annum. Subsec. (c). Pub. L. 85–287 increased compensation of Director from $16,000 to $19,000 per annum. Subsec. (d). Pub. L. 85–287 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426, title V, Aug. 14, 1964, 78 Stat. 435. TRANSFER OF FUNCTIONS Divisions of Military Application and Naval Reactors, both established under this section, transferred to De- partment of Energy by section 7158 of this title, with such organizational units to be deemed organizational units established by chapter 84 (§ 7101 et seq.) of this title. Energy Research and Development Administra- tion terminated pursuant to sections 7151(a) and 7293 of this title. Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. Divi- sions of Military Application and Naval Reactors estab- lished under this section transferred to Energy Re- search and Development Administration and functions of Atomic Energy Commission with respect thereto transferred to Administrator by section 5814(d) of this title. See also Transfer of Functions notes set out under sections 5814 and 5841 of this title. § 2036. Repealed. Pub. L. 95–91, title VII, § 709(c)(1), Aug. 4, 1977, 91 Stat. 608 Section, act Aug. 1, 1946, ch. 724, § 26, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926, established a General Ad- visory Committee to advise the Atomic Energy Com- mission on scientific and technical matters relating to materials, production, and research and development. Provisions similar to this section were contained in section 1802(b) of this title prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2037. Repealed. Pub. L. 99–661, div. C, title I, § 3137(c), Nov. 14, 1986, 100 Stat. 4066 Section, act Aug. 1, 1946, ch. 724, § 27, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926; amended Aug. 14, 1964, Pub. L. 88–426, title III, § 305(10)(B), 78 Stat. 423, related to Military Liaison Committee, its composition and du- ties, and authority of Defense Department to make rec- ommendations to Committee. § 2038. Appointment of Army, Navy, or Air Force officer as Assistant General Manager for Military Application; Chairman of Military Liaison Committee; compensation Notwithstanding the provisions of any other law, the officer of the Army, Navy, or Air Force serving as Assistant General Manager for Mili- tary Application shall serve without prejudice to his commissioned status as such officer. Any such officer serving as Assistant General Man- ager for Military Application shall receive in ad- dition to his pay and allowances, including spe- cial and incentive pays, for which pay and allow- ances the Commission shall reimburse his serv- ice, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation estab- lished for this position. Notwithstanding the provisions of any other law, any active or re- tired officer of the Army, Navy, or Air Force may serve as Chairman of the Military Liaison Committee without prejudice to his active or re- tired status as such officer. Any such active offi- cer serving as Chairman of the Military Liaison Committee shall receive, in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation fixed for such Chairman. Any such retired officer serving as Chairman of the Military Liaison Committee shall receive the compensation fixed for such Chairman and his retired pay. (Aug. 1, 1946, ch. 724, title I, § 28, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926; amended Pub. L. 88–426, title III, § 306(f)(8), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88–448, title IV, § 401(f), Aug. 19, 1964, 78 Stat. 490; Pub. L. 90–190, § 6, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 107–107, div. A, title X, § 1048(i)(11), Dec. 28, 2001, 115 Stat. 1230.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1802(d) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2001—Pub. L. 107–107 struck out ‘‘, subject to section 201 of the Dual Compensation Act’’ before period at end. 1967—Pub. L. 90–190 substituted ‘‘the officer of the Army, Navy, or Air Force serving’’ for ‘‘any active offi- cer of the Army, Navy, or Air Force may serve’’ and ‘‘Assistant General Manager for Military Application’’ for ‘‘Director of the Division of Military Application’’ wherever appearing, provided for reimbursement by the Commission to the service of the Assistant General Manager for the pay and allowances received by him from his service while he is serving as Assistant Gen- eral Manager, and struck out references to sections 2211 and 2213 of former title 5. 1964—Pub. L. 88–448 substituted provisions permitting a retired officer serving as Chairman of the Military Liaison Committee to receive the compensation fixed for such Chairman and his retired pay, subject to sec- tion 3102 of former title 5, for provisions which per- mitted a retired officer serving as Chairman to receive in addition to his retired pay, an amount equal to the difference between his retired pay and the compensa- tion prescribed for the Chairman. Pub. L. 88–426 substituted ‘‘and the compensation es- tablished for this position pursuant to section 2211 or 2213 of title 5’’ for ‘‘and the compensation prescribed in section 2035 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENTS Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88–448.