House of Representatives which, under the rules of the Senate and the House, have jurisdiction over national security considerations of nuclear energy, fully and currently informed with respect to such matters within the Department of Defense and Department of State relating to national security considerations of nuclear technology which are within the jurisdiction of such committees. "c. Any Government agency shall furnish any information requested by the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utilization, or application of nuclear energy, with respect to the activities or responsibilities of such agency in the field of nuclear energy which are within the jurisdiction of such committees. "d. The committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utilization, or application of nuclear energy, are authorized to utilize the services, information, facilities, and personnel of any Government agency which has activities or responsibilities in the field of nuclear energy which are within the jurisdiction of such committees: Provided, however, That any utilization of personnel by such committees shall be on a reimbursable basis and shall require, with respect to committees of the Senate, the prior written consent of the Committee on Rules and Administration, and with respect to the committees of the House of Representatives, the prior written consent of the Committee on House Administration." SEC. 2. a. Section 1 (d) of the Act of December 29, 1950 (64 Stat. 1129), is amended by inserting before the period at the end thereof a semicolon and the following: "when such order was entered by the Atomic Energy Commission, 'agency' means that Commission". 28 U.S.C. 2341 (3) (A). 2S U.S.C. 2342. Court of Appeals. b. Section 2 of the Act of December 29, 1950 (64 Stat. 1129), is amended by inserting before the period at the end of the first paragraph thereof a comma and the fol- jurisdiction lowing: "and (d) of the Atomic Energy Commission made reviewable by section 189 of the Atomic Energy Act of 1954, as amended". retrocession. SEC. 3. There is hereby retroceded to the State of New Sandla Mexico the exclusive jurisdiction heretofore acquired from the State of New Mexico by the United States of America over the following land of the United States Atomic Energy Commission in Bernalillo County and within the boundaries of the Sandia Base, Albuquerque, New Mexico. Beginning at the center quarter corner of section 30, township 10 north, range 4 east, New Mexico principal meridian, Bernalillo County, New Mexico, thence south no degrees twenty-three minutes thirty seconds west one thousand nine hundred forty-seven and twenty one-hundredths feet, thence north eighty-nine degrees thirty-six minutes forty-five seconds east two thousand sixty-eight and forty one-hundredths feet, thence north eighty-nine degrees three minutes fifteen seconds east five hundred forty-six feet, thence north no degrees thirty-nine minutes no seconds east two hundred thirty-two and seventy one-hundreths feet, thence north eighty-nine degrees twenty-one minutes no seconds west eight hundred fiftytwo and twenty one-hundredths feet, thence north no degrees thirty-nine minutes no seconds east five hundred and sixty one-hundredths feet, thence along the back of the south curb of West Sandia Drive, Sandia Base, Bernalillo County, New Mexico, eight hundred sixty-five and sixty one-hundredths feet, thence north no degrees thirtynine minutes no seconds east one thousand three hundred thirty-five and three-tenths feet to a point south eight-nine degrees twenty-seven minutes forty-five seconds west a distance of thirty feet from the quarter corner common to sections 30 and 29, township 10 north, range 4 east, thence south eighty-nine degrees, twentyseven minutes forty-five seconds west two thousand six hundred twenty-three and forty one-hundredths feet to the point of beginning. This retrocession of jurisdiction shall take effect upon acceptance by the State of New Mexico. Approved August 30, 1954, 9:44 a.m., E.D.T. PART II. ENERGY REORGANIZATION ACT OF 1974 PUBLIC LAW 93-438 [H.R. 11510] [88 STAT. 1233] AN ACT To reorganize and consolidate certain functions of the Federal Government in a new Energy Research and Development Administration and in a new Nuclear Regulatory Commission in order to promote more efficient management of such functions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Energy Reorganization Act of 1974". DECLARATION OF PURPOSE Energy Reorganization Act of 1974. 42 U.S.C. 5801 note. SEC. 2. (a) The Congress hereby declares that the gen- 42 U.S.C. 5801 eral 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. Development establishment. (b) The Congress finds that, to best achieve these ob- Energy Rejectives, improve Government operations, and assure the search and coordinated and effective development of all energy Administration, 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 88 Stat. 1233. research activities. In establishing an Energy Research 88 Stat. 1234. and Development Administration to achieve these objectives, the Congress intends that all possible sources of energy be developed consistent with warranted priori ties. Separation of functions. (c) The Congress finds that it is in the public interest and regulatory 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 Act, assuring adequacy of technical and other resources necessary for the performance of each. Small business participation. Priorities. 42 U.S.C. 5811. Administrator. 42 U.S.C. 5812. Deputy Administrator. (d) 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) 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. TITLE I-ENERGY RESEARCH AND DEVEL- ESTABLISHMENT SEC. 101. There is hereby established an independent executive agency to be known as the Energy Research and Development Administration (hereinafter in this Act referred to as the "Administration"). OFFICERS SEC. 102. (a) There shall be at the head of the Administration an Administrator of Energy Research and Development (hereinafter in this Act referred 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 commisisoned officer of a regular component of an Armed Force. The Administration shall be administered under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration. (b) 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. 88 Stat. 1235. (c) The President shall appoint the Administrator 88 Stat. 1234. and Deputy Administrator from among individuals who, by reason of their general background and experience are specially qualified to manage a full range of energy research and development programs. Adminis (d) There shall be in the Administration six Assistant Assistant Administrators, one of whom shall be responsible for trators. fossil energy, another for nuclear energy, another for environment and safety, another for conservation, another for solar, geothermal, and advanced energy systems, and another for national security. The Assistant Administrators shall be appointed by the President, by and with the advice and consent of the Senate. The President shall appoint each Assistant 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 Administrator. Counsel. (e) There shall be in the Administration a General General Counsel who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator. officers. (f) There shall be in the Administration not more than Additional eight additional officers appointed by the Administrator. The positions of such officers shall be considered career positions and be subject to subsection 161 d. of the Atomic. Energy Act. Director of Military (g) The Division of Military Application transferred to and established in the Administration by section 104 Application. (d) of this Act 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 removable 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 compensation of the Director of Military Application shall be the same as those provided. under the Atomic Energy Act of 1954, as amended, for 42 U.S.C. 2011 the Assistant General Manager for Military Application. note. (h) Officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. The Administrator shall dele- International gate to one such officer the special responsibility for cooperation. international cooperation in all energy and related environmental research and development. Order of (i) The Deputy Administrator (or in the absence or succession. disability of the Deputy Administrator, or in the event of a vacancy in the office of the Deputy Administrator, an Assistant Administrator, the General Counsel or such other official, determined according to such order as the Administrator shall prescribe) shall act for and perform the functions of the Administrator during any absence |