42 U.S.C. § 5801 — Congressional declaration of policy and

Page 6592 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5801 Sec. 5848. Abnormal occurrence reports. 5849. Other officers. 5850. Unresolved safety issues plan. 5851. Employee protection. 5852. Availability of funds. 5853. Limitation on legal fee reimbursement. 5854. Notification and reports by Chairman. SUBCHAPTER III—MISCELLANEOUS AND TRANSITIONAL PROVISIONS 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 Con- gress. 5878. Information to Congressional committees. 5878a. Funding and encouragement of small busi- ness; information for inclusion in report. 5879. Transfer of funds. SUBCHAPTER IV—SEX DISCRIMINATION 5891. Sex discrimination prohibited. § 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 re- quire effective action to develop, and increase the efficiency and reliability of use of, all en- ergy sources to meet the needs of present and future generations, to increase the productivity of the national economy and strengthen its posi- tion 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 develop- ment of all energy sources, it is necessary to es- tablish an Energy Research and Development Administration to bring together and direct Federal activities relating to research and de- velopment 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 pro- duction 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 con- sistent with warranted priorities. (c) Separation of licensing and regulatory func- tions of Atomic Energy Commission The Congress finds that it is in the public in- terest 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 sepa- ration be effected in an orderly manner, pursu- ant to this chapter, assuring adequacy of tech- nical and other resources necessary for the per- formance 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 oppor- tunity to participate, insofar as is possible, fair- ly and equitably in grants, contracts, purchases, and other Federal activities relating to re- search, development, and demonstration of sources of energy efficiency, and utilization and conservation of energy. In carrying out this pol- icy, to the extent practicable, the Administrator shall consult with the Administrator of the Small Business Administration. (e) Priorities Determination of priorities which are war- ranted should be based on such considerations as power-related values of an energy source, preser- vation of material resources, reduction of pol- lutants, export market potential (including re- duction of imports), among others. On such a basis, energy sources warranting priority might include, but not be limited to, the various meth- ods of utilizing solar energy. (Pub. L. 93–438, § 2, Oct. 11, 1974, 88 Stat. 1233.) Editorial Notes 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, which enacted this chapter, amended sections 5313 to 5316 of Title 5, Government Organiza- tion 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE; INTERIM APPOINTMENTS Pub. L. 93–438, title III, § 312, Oct. 11, 1974, 88 Stat. 1253, 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 of- ficers provided for in title I of this Act [subchapter I of this chapter] may be nominated and appointed, as pro- vided by this Act, at any time after the date of enact- ment 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 ap- proval of the President, be used to pay the compensa- tion and expenses of any officer appointed pursuant to this subsection until such time as funds for that pur- pose 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 ef- fective 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.’’ Page 6593 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5812 SHORT TITLE Pub. L. 93–438, § 1, Oct. 11, 1974, 88 Stat. 1233, provided that: ‘‘This Act [enacting this chapter, repealing sec- tions 2031 and 2032 of this title, amending sections 5313 to 5316 of Title 5, Government Organization and Em- ployees, and enacting provisions set out as notes under this section] may be cited as the ‘Energy Reorganiza- tion Act of 1974’.’’ SEPARABILITY Pub. L. 93–438, title III, § 311, Oct. 11, 1974, 88 Stat. 1253, 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 re- mainder of this Act, and the application of such provi- sion to other persons or circumstances, shall not be af- fected thereby.’’ 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. Executive Documents 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. SUBCHAPTER I—ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION § 5811. Establishment of Energy Research and Development Administration There is hereby established an independent ex- ecutive agency to be known as the Energy Re- search and Development Administration (here- inafter in this chapter referred to as the ‘‘Ad- ministration’’). (Pub. L. 93–438, title I, § 101, Oct. 11, 1974, 88 Stat. 1234.) 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, which enacted this chapter, amended sec- tions 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 sec- tion 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. 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. § 5812. Officers of Administration (a) Administrator; appointment There shall be at the head of the Administra- tion an Administrator of Energy Research and Development (hereinafter in this chapter re- ferred to as the ‘‘Administrator’’), who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. A person may not be appointed as Administrator within two years after release from active duty as a commissioned officer of a regular compo- nent of an Armed Force. The Administration shall be administered under the supervision and direction of the Administrator, who shall be re- sponsible for the efficient and coordinated man- agement of the Administration. (b) Deputy Administrator There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Qualifications of Administrator and Deputy Administrator The President shall appoint the Administrator and Deputy Administrator from among individ- uals who, by reason of their general background and experience are specially qualified to manage a full range of energy research and development programs. (d) Assistant Administrators; number; appoint- ment; qualifications There shall be in the Administration six As- sistant Administrators, one of whom shall be re- sponsible for fossil energy, another for nuclear energy, another for environment and safety, an- other for conservation, another for solar, geo- thermal, and advanced energy systems, and an- other for national security. The Assistant Ad- ministrators shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. The President shall appoint each Assist- ant Administrator from among individuals who, by reason of general background and experience, are specially qualified to manage the energy technology area assigned to such Assistant Ad- ministrator. (e) General Counsel There shall be in the Administration a Gen- eral Counsel who shall be appointed by the Ad- ministrator and who shall serve at the pleasure of and be removable by the Administrator. (f) Additional officers There shall be in the Administration not more than eight additional officers appointed by the Administrator. The positions of such officers shall be considered career positions and be sub- ject to section 2201(d) of this title. (g) Director of Military Application; functions; qualifications; compensation The Division of Military Application trans- ferred to and established in the Administration by section 5814(d) of this title shall be under the direction of a Director of Military Application, who shall be appointed by the Administrator and who shall serve at the pleasure of and be re- movable by the Administrator and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade. The functions, qualifications, and com- pensation of the Director of Military Applica- tion shall be the same as those provided under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], for the Assistant General Manager for Military Application.