
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: 42USC5814]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
      SUBCHAPTER I--ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION
 
Sec. 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2032 of this title are repealed.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 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.

(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 components of the Commission, 
except as otherwise provided in this chapter.

(d) Transfer of General Advisory Committee, Patent 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 Patent Compensation Board established pursuant to 
section 2187 of this title, and the Divisions of Military Application 
and Naval Reactors established pursuant to section 2035 of this title, 
are transferred to the Energy Research and Development Administration 
and the functions of the Commission with respect thereto, and with 
respect to relations with the Military Liaison Committee established by 
section 2037 \1\ of this title, are transferred to the Administrator.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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(e) 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

    There are hereby transferred to and vested in the Administrator such 
functions of the Secretary of the Interior, the Department of the 
Interior, and officers and components of such department--
        (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 development programs and related activities 
    conducted by the United States Bureau of Mines ``energy centers'' 
    and synthane plant to provide greater efficiency in the extraction, 
    processing, and utilization of energy resources for the purpose of 
    conserving those resources, developing alternative energy resources, 
    such as oil and gas secondary and tertiary recovery, oil shale and 
    synthetic fuels, improving methods 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 underground 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 recommendations 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 National 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 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.

(h) 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.

(i) Utilization of technical and management capabilities of other 
        executive agencies; assignment of specific programs or projects 
        in energy 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 management 
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 
appropriate. 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 responsibilities 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, Sec. 104, Oct. 11, 1974, 88 Stat. 1237; Pub. 
L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

                       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, 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 under section 5801 of this title. For complete classification 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, Sec. 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, Sec. 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 chapter 18 (Sec. 661 et seq.) of Title 30, 
Mineral Lands and Mining. For complete classification of this Act to the 
Code, see Tables.

                         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 Administrator thereof transferred to 
Secretary of Energy (unless 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 Development Administration with respect to Military 
Liaison Committee, established by section 2037 of this title, referred 
to in subsec. (d), transferred to Department of Energy by section 7158 
of this title, with such organizational units to be deemed 
organizational units established by chapter 84 (Sec. 7101 et seq.) of 
this title.
    Functions 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 
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 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 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 appear in House Report No. 93-707) contained the following 
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 [Energy 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 licensing and related regulatory functions.
    Chapter 5 [(sections 41-44) 42 U.S.C. 2061-2064] (``Production 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 distributing source 
material).
    Section 64 [42 U.S.C. 2094] (``Foreign Distribution of Source 
Material'').
    Section 67 [42 U.S.C. 2097] (``Operations on Lands Belonging to the 
United States'').
    Section 91 [42 U.S.C. 2121] (``Authority'').
    Section 142 [42 U.S.C. 2162] (``Classification and Declassification 
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)] (certain patent 
aspects).
    Section 153 [42 U.S.C. 2183] (``Nonmilitary Utilization'').
    Section 154 [42 U.S.C. 2184] (``Injunctions'').
    Section 157 [42 U.S.C. 2187] (``Commission Patent Licenses'').
    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 Contracts'').
    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 [Nuclear 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 conditions).
    Section 62 [42 U.S.C. 2092] (``License for Transfers Required'').
    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 Production 
Facilities for Industrial or Commercial Purposes'').
    Section 103 [42 U.S.C. 2133] (``Commercial Licenses'').
    Section 104 [42 U.S.C. 2134] (``Medical Therapy and Research 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 Facilities'').
    Subsection 161h. [42 U.S.C. 2201(h)] (licensing activities).
    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 Licenses'').
    Section 185 [42 U.S.C. 2235] (``Construction Permits'').
    Subsections 186a. and 186b. [42 U.S.C. 2236(a), (b)] (license 
revocation).
    Section 187 [42 U.S.C. 2237] (``Modification of License'').
    Section 190 [42 U.S.C. 2240] (``Licensee Incident Reports'').
    Section 191 [42 U.S.C. 2241] (``Atomic Safety and Licensing 
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 Government 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, respectively, 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] (``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.
    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 licensing 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 licensing and related regulatory 
control by NSLC.
    Chapter 3 [(sections 21-29) 42 U.S.C. 2031-2039] (``Organization''); 
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] (``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.
    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 respective 
determinations shall be made as indicated in Chapter 2 above.
    Subsection 53a [42 U.S.C. 2073(a)]; 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.
    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''); provided, 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 Emergency'').
    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, except for licensing and 
regulatory aspects, the implementation of these provisions shall be the 
responsibility of ERDA.
    Section 141 [42 U.S.C. 2161] (``policy''); provided, that the 
implementation of subsection 141a. shall be the responsibility of ERDA.
    Subsection 144d. [42 U.S.C. 2164(d)] (Presidential authorization).
    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)] (certain 
inventions and discoveries).
    Section 152 [42 U.S.C. 2182] (``Inventions Made or Conceived During 
Commission Contracts'').
    Section 155 [42 U.S.C. 2185] (``Prior Art'').
    Section 156 [42 U.S.C. 2186] (``Commission Patent Licenses'').
    Section 158 [42 U.S.C. 2188] (``Monopolistic Use of Patents'').
    Section 159 [42 U.S.C. 2189] (``Federally Financed Research'').
    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)] (certain 
regulations or orders and dispositions); provided, that the 
Administrator shall establish the basic standards 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 functions delegated to officers 
of NSLC shall include functions 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'').
    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 Recapture); 
provided that the Administrator shall establish 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 respecting the 
production program shall be the responsibility 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] 
(``Enforcement''); 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 Congress'').
    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 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in 
the Appendix to Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 5812, 5815, 5817, 5841 of 
this title.
