
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5801]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
Sec. 5801. Congressional declaration of policy and purpose


(a) Development and utilization of energy sources

    The Congress hereby declares that the general welfare and the common 
defense and security require effective action to develop, and increase 
the efficiency and reliability of use of, all energy sources to meet the 
needs of present and future generations, to increase the productivity of 
the national economy and strengthen its position in regard to 
international trade, to make the Nation self-sufficient in energy, to 
advance the goals of restoring, protecting, and enhancing environmental 
quality, and to assure public health and safety.

(b) Necessity of establishing Energy Research and Development 
        Administration

    The Congress finds that, to best achieve these objectives, improve 
Government operations, and assure the coordinated and effective 
development of all energy sources, it is necessary to establish an 
Energy Research and Development Administration to bring together and 
direct Federal activities relating to research and development on the 
various sources of energy, to increase the efficiency and reliability in 
the use of energy, and to carry out the performance of other functions, 
including but not limited to the Atomic Energy Commission's military and 
production activities and its general basic research activities. In 
establishing an Energy Research and Development Administration to 
achieve these objectives, the Congress intends that all possible sources 
of energy be developed consistent with warranted priorities.

(c) Separation of licensing and regulatory functions of Atomic Energy 
        Commission

    The Congress finds that it is in the public interest that the 
licensing and related regulatory functions of the Atomic Energy 
Commission be separated from the performance of the other functions of 
the Commission, and that this separation be effected in an orderly 
manner, pursuant to this chapter, assuring adequacy of technical and 
other resources necessary for the performance of each.

(d) Small business participation

    The Congress declares that it is in the public interest and the 
policy of Congress that small business concerns be given a reasonable 
opportunity to participate, insofar as is possible, fairly and equitably 
in grants, contracts, purchases, and other Federal activities relating 
to research, development, and demonstration of sources of energy 
efficiency, and utilization and conservation of energy. In carrying out 
this policy, to the extent practicable, the Administrator shall consult 
with the Administrator of the Small Business Administration.

(e) Priorities

    Determination of priorities which are warranted should be based on 
such considerations as power-related values of an energy source, 
preservation of material resources, reduction of pollutants, export 
market potential (including reduction of imports), among others. On such 
a basis, energy sources warranting priority might include, but not be 
limited to, the various methods of utilizing solar energy.

(Pub. L. 93-438, Sec. 2, Oct. 11, 1974, 88 Stat. 1233.)

                       References in Text

    This chapter, referred to in subsec. (c), was in the original ``this 
Act'', meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended, 
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 below. For 
complete classification of this Act to the Code, see Short Title note 
below and Tables.


                  Effective Date; Interim Appointments

    Section 312 of Pub. L. 93-438 provided that:
    ``(a) This Act [see Short Title note below] shall take effect one 
hundred and twenty days after the date of its enactment [Oct. 11, 1974], 
or on such earlier date as the President may prescribe and publish in 
the Federal Register [prescribed as Jan. 19, 1975, by Ex. Ord. No. 
11834, formerly set out below] except that any of the officers provided 
for in title I of this Act [subchapter I of this chapter] may be 
nominated and appointed, as provided by this Act, at any time after the 
date of enactment of this Act. Funds available to any department or 
agency (or any official or component thereof), any functions of which 
are transferred to the Administrator and the Commission by this Act, 
may, with the approval of the President, be used to pay the compensation 
and expenses of any officer appointed pursuant to this subsection until 
such time as funds for that purpose are otherwise available.
    ``(b) In the event that any officer required by this Act to be 
appointed by and with the advice and consent of the Senate shall not 
have entered upon office on the effective date of this Act, the 
President may designate any officer, whose appointment was required to 
be made by and with the advice and consent of the Senate and who was 
such an officer immediately prior to the effective date of this Act, to 
act in such office until the office is filled as provided in this Act. 
While so acting, such persons shall receive compensation at the rates 
provided by this Act for the respective offices in which they act.''


                               Short Title

    Section 1 of Pub. L. 93-438 provided that: ``This Act [enacting this 
chapter, repealing sections 2031 and 2032 of this title, amending 
sections 5313 to 5316 of Title 5, Government Organization and Employees, 
and enacting provisions set out as notes under this section] may be 
cited as the `Energy Reorganization Act of 1974'.''


                              Separability

    Section 311 of Pub. L. 93-438 provided that: ``If any provision of 
this Act [See Short Title note above], or the application thereof to any 
person or circumstance, is held invalid, the remainder of this Act, and 
the application of such provision to other persons or circumstances, 
shall not be affected thereby.''

                          Transfer of Functions

    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.

                        Executive Order No. 11834

    Ex. Ord. No. 11834, eff. Jan. 15, 1975, 40 F.R. 2971, which 
prescribed Jan. 19, 1975, as the effective date of this chapter, was 
revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

                  Section Referred to in Other Sections

    This section is referred to in section 5878a of this title.
