42 U.S.C. § 5876 — Comptroller General audit

Page 6622 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5873 trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 5873. Director of Office of Management and Budget; power to make dispositions The Director of the Office of Management and Budget is authorized to make such additional incidental dispositions of personnel, personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropria- tions, authorizations, allocations, and other funds held, used, arising from, available to or to be made available in connection with functions transferred by this chapter, as he may deem nec- essary or appropriate to accomplish the intent and purpose of this chapter. (Pub. L. 93–438, title III, § 303, Oct. 11, 1974, 88 Stat. 1250.) Editorial Notes REFERENCES IN TEXT 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. § 5874. Definitions As used in this chapter— (1) any reference to ‘‘function’’ or ‘‘func- tions’’ shall be deemed to include references to duty, obligation, power, authority, responsi- bility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) any reference to ‘‘perform’’ or ‘‘perform- ance’’, when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges. (Pub. L. 93–438, title III, § 304, Oct. 11, 1974, 88 Stat. 1251.) Editorial Notes REFERENCES IN TEXT 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. § 5875. Authorization of appropriations (a) Except as otherwise provided by law, ap- propriations made under this chapter shall be subject to annual authorization. (b) Authorization of appropriations to the Commission shall reflect the need for effective licensing and other regulation of the nuclear power industry in relation to the growth of such industry. (Pub. L. 93–438, title III, § 305, Oct. 11, 1974, 88 Stat. 1251.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. 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. § 5876. Comptroller General audit (a) Section 166 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2206], shall be deemed to be applicable, respectively, to the nuclear and nonnuclear activities under subchapter I and to the activities under subchapter II. (b) The Comptroller General of the United States shall audit, review, and evaluate the im- plementation of the provisions of subchapter II of this chapter by the Nuclear Safety and Li- censing Commission not later than sixty months after the effective date of this chapter, the Comptroller General shall prepare and submit to the Congress a report on his audit, which shall contain, but not be limited to— (1) an evaluation of the effectiveness of the licensing and related regulatory activities of the Commission and the operations of the Of- fice of Nuclear Safety Research and the Bu- reau of Nuclear Materials Security; (2) an evaluation of the effect of such Com- mission activities on the efficiency, effective- ness, and safety with which the activities li- censed under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], are carried out; (3) recommendations concerning any legisla- tion he deems necessary, and the reasons therefor, for improving the implementation of subchapter II. (Pub. L. 93–438, title III, § 306, Oct. 11, 1974, 88 Stat. 1251.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (b), is the effective date of Pub. L. 93–438. See sec- tion 312 of Pub. L. 93–438, set out as an Effective Date; Interim Appointments note under section 5801 of this title. The Atomic Energy Act of 1954, as amended, referred to in subsec. (b)(2), 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. 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. Page 6623 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5878a 1 So in original. The comma probably should not appear. § 5877. Reports to President for submission to Congress (a) Report by Administrator on activities of Ad- ministration The Administrator shall, as soon as prac- ticable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Administration during the preceding fiscal year. Such report shall include a statement of the short-range and long-range goals, priorities, and plans of the Ad- ministration together with an assessment of the progress made toward the attainment of those objectives and toward the more effective and ef- ficient management of the Administration and the coordination of its functions. (b) Review of desirability and feasibility of trans- ferring functions of Administrator respecting military application and restricted data to Department of Defense or other Federal agencies; report by Administrator During the first year of operation of the Ad- ministration, the Administrator, in collabora- tion with the Secretary of Defense, shall con- duct a thorough review of the desirability and feasibility of transferring to the Department of Defense or other Federal agencies the functions of the Administrator respecting military appli- cation and restricted data, and within one year after the Administrator first takes office the Administrator shall make a report to the Presi- dent, for submission to the Congress, setting forth his comprehensive analysis, the principal alternatives, and the specific recommendations of the Administrator and the Secretary of De- fense. (c) Report by Commission on activities of Com- mission The Commission shall, as soon as practicable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Commission during the preceding fiscal year. Such report shall include a clear statement of the short-range and long- range goals, priorities, and plans of the Commis- sion as they relate to the benefits, costs, and risks of commercial nuclear power. Such report shall also include a clear description of the Com- mission’s activities and findings in the following areas— (1) insuring the safe design of nuclear power- plants and other licensed facilities; (2) investigating abnormal occurrences and defects in nuclear powerplants and other li- censed facilities; (3) safeguarding special nuclear materials at all stages of the nuclear fuel cycle; (4) investigating suspected, attempted, or actual thefts of special nuclear materials in the licensed sector and developing contin- gency plans for dealing with such incidents; (5) insuring the safe, permanent disposal of high-level radioactive wastes through the li- censing of nuclear activities and facilities; (6) protecting the public against the hazards of low-level radioactive emissions from li- censed nuclear activities and facilities. (Pub. L. 93–438, title III, § 307, Oct. 11, 1974, 88 Stat. 1251.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to submission of annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, 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. 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. DESCRIPTION IN REPORT RESPECTING DECONTAMINATION, ETC., COLLABORATIVE EFFORTS AT THREE MILE IS- LAND UNIT 2 Pub. L. 97–415, § 10(c), Jan. 4, 1983, 96 Stat. 2071, di- rected the Nuclear Regulatory Commission to include in its annual report to Congress under subsec. (c) of this section as a separate chapter a description of the collaborative efforts by the Commission and the De- partment of Energy with respect to the decontamina- tion, cleanup, repair, or rehabilitation of facilities at Three Mile Island Unit 2. 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. § 5878. Information to Congressional committees The Administrator shall keep the appropriate congressional committees fully and currently informed with respect to all of the Administra- tion’s activities. (Pub. L. 93–438, title III, § 308, Oct. 11, 1974, 88 Stat. 1252.) 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. § 5878a. Funding and encouragement of small business; information for inclusion in report The Secretary of Energy shall,1 include, in the report required by section 204(b) of the Depart- ment of Energy Act of 1978—Civilian Applica- tions (42 U.S.C. 7256, note; 92 Stat. 60), informa- tion detailing the extent to which small busi- ness and nonprofit organizations are being fund- ed by the nonnuclear research, development, and demonstration programs of the Secretary of En- ergy, and the extent to which small business in- volvement pursuant to section 5801(d) of this title is being encouraged by the Secretary of En- ergy. (Pub. L. 94–187, title III, § 308, Dec. 31, 1975, 89 Stat. 1074; Pub. L. 96–470, title II, § 203(e), Oct. 19, 1980, 94 Stat. 2243.)