42 U.S.C. § 5801

Congressional declaration of policy and purpose

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(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.

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, § 2, Oct. 11, 1974, 88 Stat. 1233.)Editorial NotesReferences 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 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.

Statutory Notes and Related SubsidiariesEffective 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 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

Pub. L. 93–438, § 1, Oct. 11, 1974, 88 Stat. 1233, 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

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 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 DocumentsExecutive 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.

Notes of Decisions

Cited in 77 cases (6 in the last 5 years), 1975–2025 · leading case: Rockwell Int'l Corp. v. United States, 549 U.S. 457 (2007).

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Rockwell Int'l Corp. v. United States, 549 U.S. 457 (2007). · cites it 2× “; the Energy Reorganization Act of 1974, 42 U.S.C. § 5801 et seq. ; the Water Pollution Prevention and Control Act, 33 U.”

Duke Power Co. v. Carolina Env't Study Grp., Inc., 438 U.S. 59 (1978). · cites it 2× “[1] Under the terms of the Energy Reorganization Act of 1974, 42 U. S. C. § 5801 et seq. (1970 ed., Supp.”

Pac. Gas & Elec. Co. v. State Energy Resources Conservation & Dev. Comm'n, 461 U.S. 190 (1983). · cites it 2× “1233 , 42 U. S. C. § 5801 et seq. The evident desire of Congress to prevent safety from being *222 compromised by promotional concerns does not translate into an abandonment of the objective of promoting nuclear power.”

Virginia Uranium, Inc. v. John Warren, 848 F.3d 590 (4th Cir. 2017). · cites it 4× “1 (1978); 42 U.S.C. §§ 5801 (c), 5814. This legislation “also expanded the number and range of safety responsibilities under the NRC’s charge.”

United States v. Constr. Prods. Rsch., Inc. Five Star Prods., Inc. & H. Nash Babcock, 73 F.3d 464 (2d Cir. 1996). · cites it 2× “BACKGROUND The NRC is an administrative agency whose job is to regulate atomic energy and safety pursuant to the Atomic Energy Act of 1954 (“AEA”), 42 U.”

Vermont Yankee Nuclear Power Corp. v. Nat. Resources Def. Council, Inc., 435 U.S. 519 (1978). “2 The licensing and regulatory functions of the Atomic Energy Commission (AEC) were transferred to the Nuclear Regulatory Commission (NRC) by the Energy Reorganization Act of 1974, 42 U. S. C. § 5801 et seq. (1970 ed., Supp.”

Field v. Philadelphia Elec. Co., 565 A.2d 1170 (Pa. 1989). · cites it 2× “Section 5851 was enacted as part of the Energy Reorganization Act of 1974, 42 U.S.C. § 5801 , et seq. (“ERA”). The purpose of the ERA is to develop reliable energy sources as well as to “advance the goals of restoring, protecting, and enhancing environmental quality, and to…”

English v. Gen. Elec. Co., 496 U.S. 72 (1990). “1233 , 42 U. S. C. § 5801 et seq. (1982 ed.), which abolished the AEC and transferred its regulatory and licensing authority to the NRC.”

Baltimore Gas & Elec. Co. v. Nat. Resources Def. Council, Inc., 462 U.S. 87 (1983). “Congress abolished the AEC in the Energy Reorganization Act of 1974, 42 U. S. C. § 5801 et seq., and transferred its licensing and regulatory functions to the Nuclear Regulatory Commission (NRC).”

Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004). “NRC next points out that the NWPA manifests that NRC’s authority under “other provisions of law” refers to the AEA and the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. §§ 5801 et seq. (2000). Because the NWPA directs NRC to promulgate “requirements and criteria” under…”

Commonwealth v. Berrigan, 472 A.2d 1099 (Pa. 1984). · cites it 4× “Similarly, the law pertaining to justification as a defense to criminal conduct does not permit a court or jury to overrule a properly made Congressional determination regarding the use of nuclear power for national defense.”

Universities Rsch. Assn., Inc. v. Coutu, 450 U.S. 754 (1981). “For convenience, we refer to the contracting agency here as the AEC. 12 DOE procurement regulations are currently set forth in 41 CFR, ch.”

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