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42 U.S.C. § 5814 — Abolition and transfers

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42 U.S.C. § 5814 — Abolition and transfers

Page 6595 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5814 1 See References in Text note below. Editorial Notes AMENDMENTS 1992—Pars. (7) to (12). Pub. L. 102–486 redesignated pars. (8) to (12) as (7) to (11), respectively, and struck out former par. (7) which read as follows: ‘‘establishing, in accordance with the National Energy Extension Service Act, an Energy Extension Service to provide technical assistance, instruction, and practical dem- onstrations on energy conservation measures and alter- native energy systems to individuals, businesses, and State and local government officials;’’. 1977—Pars. (7) to (12). Pub. L. 95–39 added par. (7) and redesignated former pars. (7) to (11) as (8) to (12), re- spectively. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration and Federal Energy Administration terminated and functions vested by law in their respective Administra- tors transferred to Secretary of Energy (unless other- wise specifically provided) by sections 7151(a) and 7293 of this title. § 5814. Abolition and transfers (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 Sections 2031 and 2032 of this title are repealed.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 En- ergy 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 pursu- ant 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 officer

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Page 6595 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5814 1 See References in Text note below. Editorial Notes AMENDMENTS 1992—Pars. (7) to (12). Pub. L. 102–486 redesignated pars. (8) to (12) as (7) to (11), respectively, and struck out former par. (7) which read as follows: ‘‘establishing, in accordance with the National Energy Extension Service Act, an Energy Extension Service to provide technical assistance, instruction, and practical dem- onstrations on energy conservation measures and alter- native energy systems to individuals, businesses, and State and local government officials;’’. 1977—Pars. (7) to (12). Pub. L. 95–39 added par. (7) and redesignated former pars. (7) to (11) as (8) to (12), re- spectively. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration and Federal Energy Administration terminated and functions vested by law in their respective Administra- tors transferred to Secretary of Energy (unless other- wise specifically provided) by sections 7151(a) and 7293 of this title. § 5814. Abolition and transfers (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 En- ergy 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 pursu- ant 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 compo- nents of the Commission, except as otherwise provided in this chapter. (d) Transfer of General Advisory Committee, Pat- ent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration The General Advisory Committee established pursuant to section 2036 1 of this title, the Pat- ent Compensation Board established pursuant to section 2187 of this title, and the Divisions of Military Application and Naval Reactors estab- lished pursuant to section 2035 of this title, are transferred to the Energy Research and Develop- ment Administration and the functions of the Commission with respect thereto, and with re- spect 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 func- tions of Secretary of the Interior and Depart- ment of the Interior; study of potential en- ergy application of helium; report to Presi- dent and Congress There are hereby transferred to and vested in the Administrator such functions of the Sec- retary of the Interior, the Department of the In- terior, and officers and components of such de- partment— (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); (2) as relate to or are utilized in connection with fossil fuel energy research and develop- ment programs and related activities con- ducted by the United States Bureau of Mines ‘‘energy centers’’ and synthane plant to pro- vide greater efficiency in the extraction, proc- essing, and utilization of energy resources for the purpose of conserving those resources, de- veloping alternative energy resources, such as oil and gas secondary and tertiary recovery, oil shale and synthetic fuels, improving meth- ods 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 under- ground 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 recommenda- tions 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 Na- tional 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 func- tions of Environmental Protection Agency There are hereby transferred to and vested in the Administrator such functions of the Envi- ronmental Protection Agency and the officers and components thereof as relate to or are uti- lized in connection with research, development, and demonstration, but not assessment or moni- toring for regulatory purposes, of alternative automotive power systems. (h) Exercise of authority necessary or appro- priate to perform transferred functions and carry out transferred programs To the extent necessary or appropriate to per- form functions and carry out programs trans- ferred 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 appropria- tion Acts, to the official or agency from which such functions were transferred. (i) Utilization of technical and management ca- pabilities of other executive agencies; assign- ment of specific programs or projects in en- ergy research and development In the exercise of his responsibilities under section 5813 of this title, the Administrator shall utilize, with their consent, to the fullest extent he determines advisable the technical and man- Page 6596 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5814 agement 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 appro- priate. 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 respon- sibilities of the agency, and (2) such assignments shall be carried out under such guidance as the Administrator deems appropriate. (Pub. L. 93–438, title I, § 104, Oct. 11, 1974, 88 Stat. 1237; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b), (c), and (h), was in the original ‘‘this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which enacted this chapter, amended sections 5313 to 5316 of Title 5, Government Organization and Employees, repealed sections 2031 and 2032 of this title, and enacted provisions set out as notes under section 5801 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. Section 2036 of this title, referred to in subsec. (d), was repealed by Pub. L. 95–91, title VII, § 709(c)(1), Aug. 4, 1977, 91 Stat. 608. Section 2037 of this title, referred to in subsec. (d), was repealed by Pub. L. 99–661, div. C, title I, § 3137(c), Nov. 14, 1986, 100 Stat. 4066. Act of July 1, 1960 (74 Stat. 336; 661–668), referred to in subsec. (e)(1), probably means Pub. L. 86–599, July 7, 1960, 74 Stat. 336, which is classified principally to chap- ter 18 (§ 661 et seq.) of Title 30, Mineral Lands and Min- ing. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in subsec. (e)(2) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. TRANSFER OF FUNCTIONS GENERALLY Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. Division of Naval Reactors and Division of Military Applications, both established under section 2035 of this title, and functions of Energy Research and Develop- ment Administration with respect to Military Liaison Committee, established by section 2037 of this title, re- ferred to in subsec. (d), transferred to Department of Energy by section 7158 of this title, with such organiza- tional units to be deemed organizational units estab- lished by chapter 84 (§ 7101 et seq.) of this title. Functions vested in, or delegated to, Secretary of En- ergy and Department of Energy under or with respect to authorities formerly exercised by Bureau of Mines, but limited to research and development relating to in- creased efficiency of production technology of solid fuel minerals, transferred to, and vested in, Secretary of the Interior, by section 100 of Pub. L. 97–257, 96 Stat. 841, set out as a note under section 7152 of this title. Functions of Secretary of the Interior, Department of the Interior, and officers and components of Depart- ment of the Interior exercised by Bureau of Mines re- lating to fuel supply and demand analysis and data gathering, research and development relating to in- creased efficiency of production technology of solid fuel minerals other than research relating to mine health and safety and research relating to environmental and leasing consequences of solid fuel mining, and coal preparation and analysis, referred to in subsec. (e), transferred to Secretary of Energy by section 7152(d) of this title. DISTRIBUTION OF AUTHORITIES UNDER ATOMIC ENERGY ACT OF 1954 The legislative history of Pub. L. 93–438 (which is classified principally to this chapter) was comprised in part by Senate Report No. 93–980 and House Report No. 93–707. Senate Report No. 93–980 (similar provisions ap- pear in House Report No. 93–707) contained the fol- lowing analysis showing the distribution by Pub. L. 93–438 of separately and jointly applicable authorities under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.): I. The following provisions of the Atomic Energy Act of 1954, as heretofore amended, apply only to ERDA [En- ergy Research and Development Administration] Subsection 31b. [42 U.S.C. 2051(b)] (certain grants and contributions). Section 33 [42 U.S.C. 2053] (‘‘Research for Others’’); provided that the NSLC retains authority to contract out for research as it deems necessary to exercise its li- censing and related regulatory functions. Chapter 5 [(sections 41–44) 42 U.S.C. 2061–2064] (‘‘Pro- duction of Special Nuclear Material’’). Subsection 53c; 53d; and 53f. [42 U.S.C. 2073(c), (d), (f)] (distributing special nuclear material). Section 54 [42 U.S.C. 2074] (‘‘Foreign Distribution of Special Nuclear Material’’). Section 56 [42 U.S.C. 2076] (‘‘Guaranteed Purchase Prices’’). Section 58 [42 U.S.C. 2078] (‘‘Review’’). Subsection 63c. [42 U.S.C. 2093(c)] (charges for distrib- uting source material). Section 64 [42 U.S.C. 2094] (‘‘Foreign Distribution of Source Material’’). Section 67 [42 U.S.C. 2097] (‘‘Operations on Lands Be- longing to the United States’’). Section 91 [42 U.S.C. 2121] (‘‘Authority’’). Section 142 [42 U.S.C. 2162] (‘‘Classification and De- classification of Restricted Data’’). Section 143 [42 U.S.C. 2163] (‘‘Department of Defense Participation’’). Subsections 144a; 144b; and 144c. [42 U.S.C. 2164(a)–(c)] (international cooperation). Subsection 151c; 151d; 151e. [42 U.S.C. 2181(c)–(e)] (cer- tain patent aspects). Section 153 [42 U.S.C. 2183] (‘‘Nonmilitary Utiliza- tion’’). Section 154 [42 U.S.C. 2184] (‘‘Injunctions’’). Section 157 [42 U.S.C. 2187] (‘‘Commission Patent Li- censes’’). Subsections 161e; 161m; 161r; 161t; 161u; and 161v. [42 U.S.C. 2201(e), (m), (r), (t)–(v)] (general provisions). Section 164 [42 U.S.C. 2204] (‘‘Electric Utility Con- tracts’’). Section 167 [42 U.S.C. 2207] (‘‘Claims Settlements’’). II. The following provisions of the Atomic Energy Act of 1954, as heretofore amended, apply only to NSLC [Nu- clear Regulatory Commission as enacted] Subsection 53b. [42 U.S.C. 2073(b)] (minimum criteria for licenses). Subsection 53e. [42 U.S.C. 2073(e)] (licensing condi- tions). Page 6597 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5814 Section 62 [42 U.S.C. 2092] (‘‘License for Transfers Re- quired’’). Subsection 63b. [42 U.S.C. 2093(b)] (minimum criteria for licenses). Section 69 [42 U.S.C. 2099] (‘‘Prohibition’’). Section 101 [42 U.S.C. 2131] (‘‘License Required’’). Section 102 [42 U.S.C. 2132] (‘‘Utilization and Produc- tion Facilities for Industrial or Commercial Pur- poses’’). Section 103 [42 U.S.C. 2133] (‘‘Commercial Licenses’’). Section 104 [42 U.S.C. 2134] (‘‘Medical Therapy and Re- search and Development’’). Subsection 105c [42 U.S.C. 2135(c)] (licensing antitrust review). Section 106 [42 U.S.C. 2136] (‘‘Classes of Facilities’’). Section 107 [42 U.S.C. 2137] (‘‘Operators’ Licenses’’). Section 109 [42 U.S.C. 2139] (‘‘Component Parts of Fa- cilities’’). Subsection 161h. [42 U.S.C. 2201(h)] (licensing activi- ties). Subsection 161w. [42 U.S.C. 2201(w)] (licensing charges). Section 182 [42 U.S.C. 2232] (‘‘License Applications’’). Section 183 [42 U.S.C. 2233] (‘‘Terms of License’’). Section 184 [42 U.S.C. 2234] (‘‘Inalienability of Li- censes’’). Section 185 [42 U.S.C. 2235] (‘‘Construction Permits’’). Subsections 186a. and 186b. [42 U.S.C. 2236(a), (b)] (li- cense revocation). Section 187 [42 U.S.C. 2237] (‘‘Modification of Li- cense’’). Section 190 [42 U.S.C. 2240] (‘‘Licensee Incident Re- ports’’). Section 191 [42 U.S.C. 2241] (‘‘Atomic Safety and Li- censing Board’’). Section 192 [42 U.S.C. 2242] (‘‘Temporary Operating License’’). Section 272 [42 U.S.C. 2019] (‘‘Applicability of Federal Power Act’’). Section 273 [42 U.S.C. 2020] (‘‘Licensing of Govern- ment Agencies’’). Section 274 [42 U.S.C. 2021] (‘‘Cooperation with States’’). III. The following provisions of the Atomic Energy Act of 1954, as heretofore amended, generally apply, respec- tively, to the functions of the Administrator [Energy Research and Development Administration] and to NSLC [Nuclear Regulatory Commission as enacted] Chapter 1 [(sections 1–3) 42 U.S.C. 2011–2013] (‘‘Dec- laration, Findings and Purpose’’); provided that all ref- erences to encouraging, promoting, utilizing, devel- oping and participating in atomic energy or the atomic industry shall not be applicable to the NSLC. Chapter 2 [(section 11) 42 U.S.C. 2014] (‘‘Definitions’’); provided that (i) the determinations and criteria in j. [42 U.S.C. 2014(j)] (extraordinary nuclear occurrences) shall be the responsibility of the Administrator only in regard to activities and matters not covered by the li- censing and related regulatory facets of Section 170 of the Atomic Energy Act, as amended, [42 U.S.C. 2210] and (ii) the determinations in v. (production facility), z. (source material), aa. (special nuclear material), and cc. (utilization facility) [42 U.S.C. 2014(v), (z), (aa), (cc)] shall be the responsibility of the Administrator only in regard to facilities and materials not subject to licens- ing and related regulatory control by NSLC. Chapter 3 [(sections 21–29) 42 U.S.C. 2031–2039] (‘‘Orga- nization’’); except (i) as provided for in this bill, (ii) the Inspection Division established by subsection 25c. [42 U.S.C. 2035(c)] will be transferred to NSLC and the ERDA Administrator also will provide for the discharge of the inspection function under subsection 25c. in ERDA, (iii) in regard to section 29 [42 U.S.C. 2039] (‘‘Ad- visory Committee on Reactor Safeguards’’), it is in- tended that the ACRS be transferred to NSLC but that the ACRS also be made available to ERDA as the Ad- ministrator may request to perform such of the activi- ties contemplated by section 29 as relate to functions transferred to the Administrator. Subsections 31a; 31c; and 31d. [42 U.S.C. 2051(a), (c), (d)] (research assistance), and Section 32 [42 U.S.C. 2052] (‘‘Research By the Commission’’). Section 51 [42 U.S.C. 2071]; provided, that the respec- tive determinations shall be made as indicated in Chap- ter 2 above. Subsection 53a [42 U.S.C. 2073(a)]; provided, that sub- divisions (ii) and (iii) of said subsection (distributing and making available special nuclear material) shall apply only to ERDA, and subsection (i) (licenses) shall apply only to NSLC. Section 55 [42 U.S.C. 2075] (‘‘Acquisition’’). Section 57 [42 U.S.C. 2077] (‘‘Prohibition’’). Section 61 [42 U.S.C. 2091] (‘‘Source Material’’); pro- vided, that the respective determinations shall be made as indicated in Chapter 2 above). Subsection 63a. (source material) [42 U.S.C. 2093(a)]; provided, that the authority to distribute shall apply only to ERDA and the authority to license shall apply only to NSLC. Section 65 [42 U.S.C. 2095] (‘‘Reporting’’). Section 66 [42 U.S.C. 2096] (‘‘Acquisition’’). Section 68 [42 U.S.C. 2098] (‘‘Public and Acquired Lands’’). Section 81 [42 U.S.C. 2111] (‘‘Domestic Distribution’’), and Section 82 [42 U.S.C. 2112] (‘‘Foreign Distribution of Byproduct Material’’); provided, that the authority to distribute shall apply only to ERDA and the authority to license shall apply only to NSLC. Section 92 [42 U.S.C. 2122] (‘‘Prohibition’’). Subsections 105a. and 105b. [42 U.S.C. 2135(a), (b)] (Antitrust provisions and reporting). Section 108 [42 U.S.C. 2138] (‘‘War or National Emer- gency’’). Section 110 [42 U.S.C. 2140] (‘‘Exclusions’’); it should be noted that subsection 110a. is amended by section 202 of the bill [42 U.S.C. 5842]. Chapter 11 [(sections 121–125) 42 U.S.C. 2151–2154, 2153 note] (‘‘International Activities’’); provided, that, ex- cept for licensing and regulatory aspects, the imple- mentation of these provisions shall be the responsi- bility of ERDA. Section 141 [42 U.S.C. 2161] (‘‘policy’’); provided, that the implementation of subsection 141a. shall be the re- sponsibility of ERDA. Subsection 144d. [42 U.S.C. 2164(d)] (Presidential au- thorization). Section 145 [42 U.S.C. 2165] (‘‘Restrictions’’); except that only the Administrator shall establish the basic standards and procedures for the safeguarding of the national defense and security. Section 146 [42 U.S.C. 2166] (‘‘General Provisions’’). Subsection 151a and 151b. [42 U.S.C. 2181(a), (b)] (cer- tain inventions and discoveries). Section 152 [42 U.S.C. 2182] (‘‘Inventions Made or Con- ceived During Commission Contracts’’). Section 155 [42 U.S.C. 2185] (‘‘Prior Art’’). Section 156 [42 U.S.C. 2186] (‘‘Commission Patent Li- censes’’). Section 158 [42 U.S.C. 2188] (‘‘Monopolistic Use of Pat- ents’’). Section 159 [42 U.S.C. 2189] (‘‘Federally Financed Re- search’’). Section 160 [42 U.S.C. 2190] (‘‘Saving Clause’’). Subsections 161a., 161b., 161c., 161d., 161f., and 161g. [42 U.S.C. 2201(a)–(d), (f), (g)] (general authority). Subsection 161i. and 161j. [42 U.S.C. 2201(i), (j)] (cer- tain regulations or orders and dispositions); provided, that the Administrator shall establish the basic stand- ards and procedures respecting the national security. Subsections 161k. [42 U.S.C. 2201(k)] (firearms); 161n. [42 U.S.C. 2201(n)] (delegations), provided that no func- tions delegated to officers of NSLC shall include func- tions relating to the development of atomic energy or the atomic industry; 161o. (reports and records), 161p. (rules and regulations), 161q. (rights-of-way), and 161s. (succession of authority) [42 U.S.C. 2201(o)–(q), (s)]. Section 162 [42 U.S.C. 2202] (‘‘Contracts’’). Section 163 [42 U.S.C. 2203] (‘‘Advisory Committees’’). Section 165 [42 U.S.C. 2205] (‘‘Contract Practices’’). Page 6598 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5815 Section 166 [42 U.S.C. 2206] (‘‘Comptroller General Audit’’); it should be noted that section 305 of the bill [(section 306 as passed) 42 U.S.C. 5876] also makes this section applicable to ERDA’s contracts for non nuclear activities. Section 168 [42 U.S.C. 2208] (‘‘Payments in Lieu of Taxes’’). Section 169 [42 U.S.C. 2209] (‘‘No Subsidy’’). Section 170 [42 U.S.C. 2210] (‘‘Indemnification and Limitation of Liability’’). Chapter 15 [(sections 171–174) 42 U.S.C. 2221–2224] (‘‘Compensation for Private Property Acquired’’). Section 181 [42 U.S.C. 2231] (‘‘General’’). Subsection 186c. [42 U.S.C. 2236(c)] (Retaking and Re- capture); provided that the Administrator shall estab- lish the basic standards and procedures in regard to safeguarding the national defense and security. Section 188 [42 U.S.C. 2238] (‘‘Continued Operation of Facilities’’); provided, that findings and judgments re- specting the production program shall be the responsi- bility of the Administrator. Section 189 [42 U.S.C. 2239] (‘‘Hearings and Judicial Review’’). Chapter 17 [(sections 201–207) 42 U.S.C. 2251–2257] (‘‘Joint Committee on Atomic Energy’’). Chapter 18 [(sections 221–234) 42 U.S.C. 2271–2282] (‘‘En- forcement’’); except for Section 234 [42 U.S.C. 2282] (‘‘Civil Monetary Penalties for Violation of Licensing Requirements’’) which is applicable only to NSLC. Section 241 [42 U.S.C. 2015] (‘‘Transfer of Property’’). Section 251 [42 U.S.C. 2016] (‘‘Report to the Con- gress’’). Section 261 [42 U.S.C. 2017] (‘‘Appropriations’’). Section 271 [42 U.S.C. 2018] (‘‘Agency Jurisdiction’’). Section 281 [42 U.S.C. 2011 note] (‘‘Separability’’) and Section 291 [42 U.S.C. 2011 note] (‘‘Short Title’’). TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 5815. Administrative provisions (a) Rules and regulations The Administrator is authorized to prescribe such policies, standards, criteria, procedures, rules, and regulations as he may deem to be nec- essary or appropriate to perform functions now or hereafter vested in him. (b) Policy planning and evaluation The Administrator shall engage in such policy planning, and perform such program evaluation analyses and other studies, as may be necessary to promote the efficient and coordinated admin- istration of the Administration and properly as- sess progress toward the achievement of its mis- sions. (c) Delegation of functions Except as otherwise expressly provided by law, the Administrator may delegate any of his func- tions to such officers and employees of the Ad- ministration as he may designate, and may au- thorize such successive redelegations of such functions as he may deem to be necessary or ap- propriate. (d) Organization Except as provided in sections 5812 and 5814(d) of this title, the Administrator may organize the Administration as he may deem to be nec- essary or appropriate. (e) Field offices The Administrator is authorized to establish, maintain, alter, or discontinue such State, re- gional, district, local, or other field offices as he may deem to be necessary or appropriate to per- form functions now or hereafter vested in him. (f) Seal The Administrator shall cause a seal of office to be made for the Administration of such de- vice as he shall approve, and judicial notice shall be taken of such seal. (g) Working capital fund The Administrator is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be de- sirable in the interests of economy and effi- ciency. There shall be transferred to the fund the stocks of supplies, equipment, assets other than real property, liabilities, and unpaid obli- gations relating to the services which he deter- mines will be performed through the fund. Ap- propriations to the fund, in such amounts as may be necessary to provide additional working capital, are authorized. The working capital fund shall recover, from the appropriations and funds for which services are performed, either in advance or by way of reimbursement, amounts which will approximate the costs incurred, in- cluding the accrual or annual leave and the de- preciation of equipment. The fund shall also be credited with receipts from the sale or exchange of its property, and receipts in payment for loss or damage to property owned by the fund. (h) Information from other agencies Each department, agency, and instrumen- tality of the executive branch of the Govern- ment is authorized to furnish to the Adminis- trator, upon his request, any information or other data which the Administrator deems nec- essary to carry out his duties under this sub- chapter. (Pub. L. 93–438, title I, § 105, Oct. 11, 1974, 88 Stat. 1238.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 5816. Personnel and services (a) Appointment and compensation of officers and employees The Administrator is authorized to select, ap- point, employ, and fix the compensation of such

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

30 U.S.C. § 661 — Short title; definitions

**(a)** This chapter may be cited as the “Coal Research and Development Act of 1960”. **(b)** In this chapter: (1) The term “research” means scientific, technical, and economic research and the practical application of that research. (2) The term “Secretary” means the Secretary of Energy.

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

30 U.S.C. § 661 — Short title; definitions

Page 122 TITLE 30—MINERAL LANDS AND MINING § 646 Secretary of the Interior to report to Congress on oper- ations of programs authorized pursuant to this chapter. § 646. Authorization of appropriations There are hereby authorized to be appro- priated, from any funds in the Treasury not oth- erwise appropriated, such sums as may be nec- essary to carry out the provisions of this chap- ter. (Pub. L. 85–701, § 6, Aug. 21, 1958, 72 Stat. 701.) CHAPTER 18—COAL RESEARCH AND DEVELOPMENT Sec. 661. Short title; definitions. 662. Powers and duties of Secretary. 663, 664. Repealed. 665. Sites for conducting research; availability of personnel and facilities. 666. Public-availability requirement; national de- fense; patent agreements. 667. Repealed. 668. Authorization of appropriations. § 661. Short title; definitions (a) This chapter may be cited as the ‘‘Coal Re- search and Development Act of 1960’’. (b) In this chapter: (1) The term ‘‘research’’ means scientific, technical, and economic research and the practical application of that research. (2) The term ‘‘Secretary’’ means the Sec- retary of Energy. (Pub. L. 86–599, § 1, as added Pub. L. 109–58, title X, § 1009(a)(1)(A), Aug. 8, 2005, 119 Stat. 934.) Editorial Notes PRIOR PROVISIONS A prior section 661, Pub. L. 86–599, § 1, July 7, 1960, 74 Stat. 336, defined terms for purposes of this chapter, prior to repeal by Pub. L. 109–58, title X, § 1009(a)(1)(A), Aug. 8, 2005, 119 Stat. 934. § 662. Powers and duties of Secretary The Secretary shall— (1) develop through research, new and more efficient methods of mining, preparing, and utilizing coal; (2) contract for, sponsor, cosponsor, and pro- mote the coordination of, research with recog- nized interested groups, including but not lim- ited to,

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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. § 2051 — Research and development assistance

**(a) Contracts and loans for research activities** The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to— (1) nuclear processes; (2) the theory and production of atomic energy, including processes, materials, and devices related to such production; (3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes; (4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in the commercial or industrial application of atomic energy; (5) the protection of health and the promotion of safety during research and production activities; and (6) the preservation and enhancement of a viable environment by developing more efficient methods to meet the Nation’s energy needs. **(b) Grants and contributions** The Commission is authorized— (1) to make grants and contributions to the cost of construction and operation of reactors and other facilities and other equipment to colleges, universities, hospitals, and eleemosynary or charitable institutions for the conduct of educational and training a

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

42 U.S.C. § 2051 — Research and development assistance

Page 5396 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2039 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. § 2039. Advisory Committee on Reactor Safe- guards; composition; tenure; duties; com- pensation There is established an Advisory Committee on Reactor Safeguards consisting of a maximum of fifteen members appointed by the Commis- sion for terms of four years each. The Com- mittee shall review safety studies and facility li- cense applications referred to it and shall make reports thereon, shall advise the Commission with regard to the hazards of proposed or exist- ing reactor facilities and the adequacy of pro- posed reactor safety standards, and shall per- form such other duties as the Commission may request. One member shall be designated by the Committee as its Chairman. The members of the Committee shall receive a per diem compensa- tion for each day spent in meetings or con- ferences, or other work of the Committee, and all members shall receive their necessary trav- eling or other expenses while engaged in the work of the Committee. The provisions of sec- tion 2203 of this title shall be applicable to the Committee. (Aug. 1, 1946, ch. 724, title I, § 29, as added Pub. L. 85–256, § 5, Sept. 2, 1957, 71 Stat. 579; amended Pub. L. 95–209, § 5, Dec. 13, 1977, 91 Stat. 1483; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105–362, title XII, § 1201(a), Nov. 10, 1998, 112 Stat. 3292.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–362 struck out at end ‘‘In addition to its other duties under this

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

42 U.S.C. § 2053 — Research for others; charges

In this section, with respect to international research projects, the term “private facilities or laboratories” means facilities or laboratories located in the United States. Where the Commission finds private facilities or laboratories are inadequate for the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim) as it deems appropriate to the development of energy. To the extent the Commission determines that private facilities or laboratories are inadequate for the purpose, and that the Commission’s facilities, or scientific or technical resources have the potential of lending significant assistance to other persons in the fields of protection of public health and safety, the Commission may also assist other persons in these fields by conducting for such persons, through the Commission’s own facilities, research and development or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2053

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

42 U.S.C. § 2053 — Research for others; charges

Page 5397 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2053 the Commission determines to be critical to the regulatory mission of the Commission. (c) Purchase of supplies without advertising The Commission may (1) make arrangements pursuant to this section, without regard to the provisions of section 6101 of title 41, upon certifi- cation by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commis- sion that advertising is not reasonably prac- ticable; (2) make partial and advance payments under such arrangements; and (3) make avail- able for use in connection therewith such of its equipment and facilities as it may deem desir- able. (d) Prevention of dissemination of information prohibited; other conditions of agreements The arrangements made pursuant to this sec- tion shall contain such provisions (1) to protect health, (2) to minimize danger to life or prop- erty, and (3) to require the reporting and to per- mit the inspection of work performed there- under, as the Commission may determine. No such arrangement shall contain any provisions or conditions which prevent the dissemination of scientific or technical information, except to the extent such dissemination is prohibited by law. (Aug. 1, 1946, ch. 724, title I, § 31, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 927; amended Aug. 6, 1956, ch. 1015, §§ 2, 3, 70 Stat. 1069; Pub. L. 91–560, § 1, Dec. 19, 1970, 84 Stat. 1472; Pub. L. 92–84, title II, § 201(a), Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, § 651(c)(1), Aug. 8, 2005, 119 Stat. 801.) Editorial Notes CODIFICATION In subsec. (c)(1), ‘‘section 6101 of title 41

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2053

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

42 U.S.C. § 2061 — Production facilities

**(a) Ownership** The Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all production facilities other than facilities which (1) are useful in the conduct of research and development activities in the fields specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim), and do not, in the opinion of the Commission, have a potential production rate adequate to enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; (2) are licensed by the Commission under this division; or (3) are owned by the United States Enrichment Corporation. **(b) Operation of Commission’s facilities** The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports

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

42 U.S.C. § 2061 — Production facilities

Page 5398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2061 laboratories’’ means facilities or laboratories lo- cated in the United States. Where the Commis- sion finds private facilities or laboratories are inadequate for the purpose, it is authorized to conduct for other persons, through its own fa- cilities, such of those activities and studies of the types specified in section 2051 of this title as it deems appropriate to the development of en- ergy. To the extent the Commission determines that private facilities or laboratories are inad- equate for the purpose, and that the Commis- sion’s facilities, or scientific or technical re- sources have the potential of lending significant assistance to other persons in the fields of pro- tection of public health and safety, the Commis- sion may also assist other persons in these fields by conducting for such persons, through the Commission’s own facilities, research and devel- opment or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section. (Aug. 1, 1946, ch. 724, title I, § 33, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; amended Pub. L. 90–190, § 7, Dec. 14, 1967, 81 Stat. 577; Pub. L. 92–84, title II, § 201(b), Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 115–246, title III, § 307(g), formerly § 307(f), Sept. 28, 2018, 132 Stat. 3149, renumbered § 307(g), Pub. L. 116–260, div. Z, title II, § 2008(a)(1), Dec. 27, 2020, 134 Stat. 2474.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–246 inserted ‘‘In this section, with respect to international research projects, t

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2061

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2061. This identifies an authority to review, not proof of applicability.