- § 5871. Transitional provisions
- § 5872. Transfer of personnel
- § 5873. Director of Office of Management and Budget; power to make dispositions
- § 5874. Definitions
- § 5875. Authorization of appropriations
- § 5876. Comptroller General audit
- § 5877. Reports to President for submission to Congress
- § 5878. Information to Congressional committees
- § 5878a. Funding and encouragement of small business; information for inclusion in report
- § 5879. Transfer of funds
§ 5871. Transitional provisions
(a) Lapse of agency or other body from which functions or programs have been transferred and positions or offices therein
(b) Continuation of orders, determinations, rules, etc.
All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—
(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this chapter, and
(2) which are in effect at the time this chapter takes effect,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Administrator, the Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law.
(c) Effect of chapter on proceedings pending before Atomic Energy Commission or other department or agency
(d) Effect of chapter on suits commenced prior to effective date
Except as provided in subsection (f)—
(1) the provisions of this chapter shall not affect suits commenced prior to the date this chapter takes effect, and
(2) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this chapter had not been enacted.
(e) Abatement of suits, actions, or other proceedings by or against officer, department, or agency
(f) Continuation of suits; substitution of parties
(g) Judicial review of orders and actions in performance of transferred functions; statutory requirements relating to notices, hearings, action upon record, or administrative review
(h) References in other laws to department, agency, officer, or office whose functions have been transferred deemed reference to Administration, Administrator, or Commission
(i) Limitation, curtailment, etc., of presidential functions or authority
(j) References in chapter to provision of law deemed to include references thereto as amended or supplemented
(k) Functions conferred by chapter deemed in addition to and not substitution for functions existing before effective date
(Pub. L. 93–438, title III, § 301, Oct. 11, 1974, 88 Stat. 1248.)
§ 5872. Transfer of personnel
(a) Provisions of law applicable
(b) Prohibition against separation or reduction in grade or compensation for one year after transfer
(c) Compensation in new position at not less than rate provided for previous position
(Pub. L. 93–438, title III, § 302, Oct. 11, 1974, 88 Stat. 1250.)
§ 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 appropriations, 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 necessary or appropriate to accomplish the intent and purpose of this chapter.
(Pub. L. 93–438, title III, § 303, Oct. 11, 1974, 88 Stat. 1250.)
§ 5874. Definitions
As used in this chapter—
(1) any reference to “function” or “functions” shall be deemed to include references to duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and
(2) any reference to “perform” or “performance”, 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.)
§ 5875. Authorization of appropriations
(a) Except as otherwise provided by law, appropriations 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.)
§ 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 implementation of the provisions of subchapter II of this chapter by the Nuclear Safety and Licensing 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 Office of Nuclear Safety Research and the Bureau of Nuclear Materials Security;
(2) an evaluation of the effect of such Commission activities on the efficiency, effectiveness, and safety with which the activities licensed under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], are carried out;
(3) recommendations concerning any legislation 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.)
§ 5877. Reports to President for submission to Congress
(a) Report by Administrator on activities of Administration
(b) Review of desirability and feasibility of transferring functions of Administrator respecting military application and restricted data to Department of Defense or other Federal agencies; report by Administrator
(c) Report by Commission on activities of Commission
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 Commission as they relate to the benefits, costs, and risks of commercial nuclear power. Such report shall also include a clear description of the Commission’s activities and findings in the following areas—
(1) insuring the safe design of nuclear powerplants and other licensed facilities;
(2) investigating abnormal occurrences and defects in nuclear powerplants and other licensed 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 contingency plans for dealing with such incidents;
(5) insuring the safe, permanent disposal of high-level radioactive wastes through the licensing of nuclear activities and facilities;
(6) protecting the public against the hazards of low-level radioactive emissions from licensed nuclear activities and facilities.
(Pub. L. 93–438, title III, § 307, Oct. 11, 1974, 88 Stat. 1251.)
§ 5878. Information to Congressional committees
The Administrator shall keep the appropriate congressional committees fully and currently informed with respect to all of the Administration’s activities.
(Pub. L. 93–438, title III, § 308, Oct. 11, 1974, 88 Stat. 1252.)
§ 5878a. Funding and encouragement of small business; information for inclusion in report
The Secretary of Energy shall,1
1 So in original. The comma probably should not appear.
include, in the report required by section 204(b) of the Department of Energy Act of 1978—Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60), information detailing the extent to which small business and nonprofit organizations are being funded by the nonnuclear research, development, and demonstration programs of the Secretary of Energy, and the extent to which small business involvement pursuant to section 5801(d) of this title is being encouraged by the Secretary of Energy.(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.)
§ 5879. Transfer of funds
The Administrator, when authorized in an appropriation Act, may, in any fiscal year, transfer funds from one appropriation to another within the Administration; except, that no appropriation shall be either increased or decreased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year.
(Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88 Stat. 1252.)