Abolition of Atomic Energy Commission
The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed.
Transfer or lapse of functions of Atomic Energy 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 pursuant to the provisions of this chapter.
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 components of the Commission, except as otherwise provided in this chapter.
Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration
1
Transfer to Administrator of certain functions of Secretary of the Interior and Department of the Interior; study of potential energy application of helium; report to President and Congress
Transfer to Administrator of certain functions of National Science Foundation
Transfer to Administrator of certain functions of Environmental Protection Agency
There are hereby transferred to and vested in the Administrator such functions of the Environmental Protection Agency and the officers and components thereof as relate to or are utilized in connection with research, development, and demonstration, but not assessment or monitoring for regulatory purposes, of alternative automotive power systems.
Exercise of authority necessary or appropriate to perform transferred functions and carry out transferred programs
To the extent necessary or appropriate to perform functions and carry out programs transferred 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 appropriation Acts, to the official or agency from which such functions were transferred.
Utilization of technical and management capabilities of other executive agencies; assignment of specific programs or projects in energy research and development
Pub. L. 93–438, title I, § 10488 Stat. 1237Pub. L. 102–285, § 10(b)106 Stat. 172(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 93–43888 Stat. 1233section 5801 of this titlesection 5801 of this titleThis chapter, referred to in subsecs. (b), (c), and (h), was in the original “this Act”, meaning , , , 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 . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 2036 of this titlePub. L. 95–91, title VII, § 709(c)(1)91 Stat. 608, referred to in subsec. (d), was repealed by , , .
Section 2037 of this titlePub. L. 99–661, div. C, title I, § 3137(c)100 Stat. 4066, referred to in subsec. (d), was repealed by , , .
74 Stat. 336Pub. L. 86–59974 Stat. 336Act of (; 661–668), referred to in subsec. (e)(1), probably means , , , which is classified principally to chapter 18 (§ 661 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Change of Name
section 10(b) of Pub. L. 102–285section 1 of Title 30“United States Bureau of Mines” substituted for “Bureau of Mines” in subsec. (e)(2) pursuant to , set out as a note under , Mineral Lands and Mining.
Transfer of Functions
generally
Energy Research and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of this title.
section 2035 of this titlesection 2037 of this titlesection 7158 of this titleDivision of Naval Reactors and Division of Military Applications, both established under , and functions of Energy Research and Development Administration with respect to Military Liaison Committee, established by , referred to in subsec. (d), transferred to Department of Energy by , with such organizational units to be deemed organizational units established by chapter 84 (§ 7101 et seq.) of this title.
section 100 of Pub. L. 97–25796 Stat. 841section 7152 of this titleFunctions vested in, or delegated to, Secretary of Energy and Department of Energy under or with respect to authorities formerly exercised by Bureau of Mines, but limited to research and development relating to increased efficiency of production technology of solid fuel minerals, transferred to, and vested in, Secretary of the Interior, by , , set out as a note under .
section 7152(d) of this titleFunctions of Secretary of the Interior, Department of the Interior, and officers and components of Department of the Interior exercised by Bureau of Mines relating to fuel supply and demand analysis and data gathering, research and development relating to increased 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 .
distribution of authorities under atomic energy act of 1954
Pub. L. 93–438Pub. L. 93–43842 U.S.C. 2011The legislative history of (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 appear in House Report No. 93–707) contained the following analysis showing the distribution by of separately and jointly applicable authorities under the Atomic Energy Act of 1954 ( et seq.):
I. The following provisions of the Atomic Energy Act of 1954, as heretofore amended, apply only to ERDA [Energy Research and Development Administration]
42 U.S.C. 2051(b)Subsection 31b. [] (certain grants and contributions).
42 U.S.C. 2053Section 33 [] (“Research for Others”); provided that the NSLC retains authority to contract out for research as it deems necessary to exercise its licensing and related regulatory functions.
42 U.S.C. 2061–206Chapter 5 [(sections 41–44) 4] (“Production of Special Nuclear Material”).
42 U.S.C. 2073(c)Subsection 53c; 53d; and 53f. [, (d), (f)] (distributing special nuclear material).
42 U.S.C. 2074Section 54 [] (“Foreign Distribution of Special Nuclear Material”).
42 U.S.C. 2076Section 56 [] (“Guaranteed Purchase Prices”).
42 U.S.C. 2078Section 58 [] (“Review”).
42 U.S.C. 2093(c)Subsection 63c. [] (charges for distributing source material).
42 U.S.C. 2094Section 64 [] (“Foreign Distribution of Source Material”).
42 U.S.C. 2097Section 67 [] (“Operations on Lands Belonging to the United States”).
42 U.S.C. 2121Section 91 [] (“Authority”).
42 U.S.C. 2162Section 142 [] (“Classification and Declassification of Restricted Data”).
42 U.S.C. 2163Section 143 [] (“Department of Defense Participation”).
42 U.S.C. 2164(a)Subsections 144a; 144b; and 144c. [–(c)] (international cooperation).
42 U.S.C. 2181(c)Subsection 151c; 151d; 151e. [–(e)] (certain patent aspects).
42 U.S.C. 2183Section 153 [] (“Nonmilitary Utilization”).
42 U.S.C. 2184Section 154 [] (“Injunctions”).
42 U.S.C. 2187Section 157 [] (“Commission Patent Licenses”).
42 U.S.C. 2201(e)Subsections 161e; 161m; 161r; 161t; 161u; and 161v. [, (m), (r), (t)–(v)] (general provisions).
42 U.S.C. 2204Section 164 [] (“Electric Utility Contracts”).
42 U.S.C. 2207Section 167 [] (“Claims Settlements”).
II. The following provisions of the Atomic Energy Act of 1954, as heretofore amended, apply only to NSLC [Nuclear Regulatory Commission as enacted]
42 U.S.C. 2073(b)Subsection 53b. [] (minimum criteria for licenses).
42 U.S.C. 2073(e)Subsection 53e. [] (licensing conditions).
42 U.S.C. 2092Section 62 [] (“License for Transfers Required”).
42 U.S.C. 2093(b)Subsection 63b. [] (minimum criteria for licenses).
42 U.S.C. 2099Section 69 [] (“Prohibition”).
42 U.S.C. 2131Section 101 [] (“License Required”).
42 U.S.C. 2132Section 102 [] (“Utilization and Production Facilities for Industrial or Commercial Purposes”).
42 U.S.C. 2133Section 103 [] (“Commercial Licenses”).
42 U.S.C. 2134Section 104 [] (“Medical Therapy and Research and Development”).
42 U.S.C. 2135(c)Subsection 105c [] (licensing antitrust review).
42 U.S.C. 2136Section 106 [] (“Classes of Facilities”).
42 U.S.C. 2137Section 107 [] (“Operators’ Licenses”).
42 U.S.C. 2139Section 109 [] (“Component Parts of Facilities”).
42 U.S.C. 2201(h)Subsection 161h. [] (licensing activities).
42 U.S.C. 2201(w)Subsection 161w. [] (licensing charges).
42 U.S.C. 2232Section 182 [] (“License Applications”).
42 U.S.C. 2233Section 183 [] (“Terms of License”).
42 U.S.C. 2234Section 184 [] (“Inalienability of Licenses”).
42 U.S.C. 2235Section 185 [] (“Construction Permits”).
42 U.S.C. 2236(a)Subsections 186a. and 186b. [, (b)] (license revocation).
42 U.S.C. 2237Section 187 [] (“Modification of License”).
42 U.S.C. 2240Section 190 [] (“Licensee Incident Reports”).
42 U.S.C. 2241Section 191 [] (“Atomic Safety and Licensing Board”).
42 U.S.C. 2242Section 192 [] (“Temporary Operating License”).
42 U.S.C. 2019Section 272 [] (“Applicability of Federal Power Act”).
42 U.S.C. 2020Section 273 [] (“Licensing of Government Agencies”).
42 U.S.C. 2021Section 274 [] (“Cooperation with States”).
III. The following provisions of the Atomic Energy Act of 1954, as heretofore amended, generally apply, respectively, to the functions of the Administrator [Energy Research and Development Administration] and to NSLC [Nuclear Regulatory Commission as enacted]
42 U.S.C. 2011–201Chapter 1 [(sections 1–3) 3] (“Declaration, Findings and Purpose”); provided that all references to encouraging, promoting, utilizing, developing and participating in atomic energy or the atomic industry shall not be applicable to the NSLC.
42 U.S.C. 201442 U.S.C. 2014(j)42 U.S.C. 221042 U.S.C. 2014(v)Chapter 2 [(section 11) ] (“Definitions”); provided that (i) the determinations and criteria in j. [] (extraordinary nuclear occurrences) shall be the responsibility of the Administrator only in regard to activities and matters not covered by the licensing and related regulatory facets of Section 170 of the Atomic Energy Act, as amended, [] and (ii) the determinations in v. (production facility), z. (source material), aa. (special nuclear material), and cc. (utilization facility) [, (z), (aa), (cc)] shall be the responsibility of the Administrator only in regard to facilities and materials not subject to licensing and related regulatory control by NSLC.
42 U.S.C. 2031–20342 U.S.C. 2035(c)42 U.S.C. 2039Chapter 3 [(sections 21–29) 9] (“Organization”); except (i) as provided for in this bill, (ii) the Inspection Division established by subsection 25c. [] 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 [] (“Advisory Committee on Reactor Safeguards”), it is intended that the ACRS be transferred to NSLC but that the ACRS also be made available to ERDA as the Administrator may request to perform such of the activities contemplated by section 29 as relate to functions transferred to the Administrator.
42 U.S.C. 2051(a)42 U.S.C. 2052Subsections 31a; 31c; and 31d. [, (c), (d)] (research assistance), and Section 32 [] (“Research By the Commission”).
42 U.S.C. 2071Section 51 []; provided, that the respective determinations shall be made as indicated in Chapter 2 above.
42 U.S.C. 2073(a)Subsection 53a []; provided, that subdivisions (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.
42 U.S.C. 2075Section 55 [] (“Acquisition”).
42 U.S.C. 2077Section 57 [] (“Prohibition”).
42 U.S.C. 2091Section 61 [] (“Source Material”); provided, that the respective determinations shall be made as indicated in Chapter 2 above).
42 U.S.C. 2093(a)Subsection 63a. (source material) []; provided, that the authority to distribute shall apply only to ERDA and the authority to license shall apply only to NSLC.
42 U.S.C. 2095Section 65 [] (“Reporting”).
42 U.S.C. 2096Section 66 [] (“Acquisition”).
42 U.S.C. 2098Section 68 [] (“Public and Acquired Lands”).
42 U.S.C. 211142 U.S.C. 2112Section 81 [] (“Domestic Distribution”), and Section 82 [] (“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.
42 U.S.C. 2122Section 92 [] (“Prohibition”).
42 U.S.C. 2135(a)Subsections 105a. and 105b. [, (b)] (Antitrust provisions and reporting).
42 U.S.C. 2138Section 108 [] (“War or National Emergency”).
42 U.S.C. 214042 U.S.C. 5842Section 110 [] (“Exclusions”); it should be noted that subsection 110a. is amended by section 202 of the bill [].
42 U.S.C. 2151–215Chapter 11 [(sections 121–125) 4, 2153 note] (“International Activities”); provided, that, except for licensing and regulatory aspects, the implementation of these provisions shall be the responsibility of ERDA.
42 U.S.C. 2161Section 141 [] (“policy”); provided, that the implementation of subsection 141a. shall be the responsibility of ERDA.
42 U.S.C. 2164(d)Subsection 144d. [] (Presidential authorization).
42 U.S.C. 2165Section 145 [] (“Restrictions”); except that only the Administrator shall establish the basic standards and procedures for the safeguarding of the national defense and security.
42 U.S.C. 2166Section 146 [] (“General Provisions”).
42 U.S.C. 2181(a)Subsection 151a and 151b. [, (b)] (certain inventions and discoveries).
42 U.S.C. 2182Section 152 [] (“Inventions Made or Conceived During Commission Contracts”).
42 U.S.C. 2185Section 155 [] (“Prior Art”).
42 U.S.C. 2186Section 156 [] (“Commission Patent Licenses”).
42 U.S.C. 2188Section 158 [] (“Monopolistic Use of Patents”).
42 U.S.C. 2189Section 159 [] (“Federally Financed Research”).
42 U.S.C. 2190Section 160 [] (“Saving Clause”).
42 U.S.C. 2201(a)Subsections 161a., 161b., 161c., 161d., 161f., and 161g. [–(d), (f), (g)] (general authority).
42 U.S.C. 2201(i)Subsection 161i. and 161j. [, (j)] (certain regulations or orders and dispositions); provided, that the Administrator shall establish the basic standards and procedures respecting the national security.
42 U.S.C. 2201(k)42 U.S.C. 2201(n)o42 U.S.C. 2201oSubsections 161k. [] (firearms); 161n. [] (delegations), provided that no functions delegated to officers of NSLC shall include functions relating to the development of atomic energy or the atomic industry; 161. (reports and records), 161p. (rules and regulations), 161q. (rights-of-way), and 161s. (succession of authority) [()–(q), (s)].
42 U.S.C. 2202Section 162 [] (“Contracts”).
42 U.S.C. 2203Section 163 [] (“Advisory Committees”).
42 U.S.C. 2205Section 165 [] (“Contract Practices”).
42 U.S.C. 220642 U.S.C. 5876Section 166 [] (“Comptroller General Audit”); it should be noted that section 305 of the bill [(section 306 as passed) ] also makes this section applicable to ERDA’s contracts for non nuclear activities.
42 U.S.C. 2208Section 168 [] (“Payments in Lieu of Taxes”).
42 U.S.C. 2209Section 169 [] (“No Subsidy”).
42 U.S.C. 2210Section 170 [] (“Indemnification and Limitation of Liability”).
42 U.S.C. 2221–222Chapter 15 [(sections 171–174) 4] (“Compensation for Private Property Acquired”).
42 U.S.C. 2231Section 181 [] (“General”).
42 U.S.C. 2236(c)Subsection 186c. [] (Retaking and Recapture); provided that the Administrator shall establish the basic standards and procedures in regard to safeguarding the national defense and security.
42 U.S.C. 2238Section 188 [] (“Continued Operation of Facilities”); provided, that findings and judgments respecting the production program shall be the responsibility of the Administrator.
42 U.S.C. 2239Section 189 [] (“Hearings and Judicial Review”).
42 U.S.C. 2251–225Chapter 17 [(sections 201–207) 7] (“Joint Committee on Atomic Energy”).
42 U.S.C. 2271–22842 U.S.C. 2282Chapter 18 [(sections 221–234) 2] (“Enforcement”); except for Section 234 [] (“Civil Monetary Penalties for Violation of Licensing Requirements”) which is applicable only to NSLC.
42 U.S.C. 2015Section 241 [] (“Transfer of Property”).
42 U.S.C. 2016Section 251 [] (“Report to the Congress”).
42 U.S.C. 2017Section 261 [] (“Appropriations”).
42 U.S.C. 2018Section 271 [] (“Agency Jurisdiction”).
42 U.S.C. 201142 U.S.C. 2011Section 281 [ note] (“Separability”) and Section 291 [ note] (“Short Title”).
Termination of Advisory Committees
section 1013 of Title 5Advisory committees in existence on , to terminate not later than the expiration of the 2-year period following , 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 , 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 , Government Organization and Employees.