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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, That the Energy Reorganization Act of 1974, as amended, is amended to read as follows:

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Sec. 110. Coordination with Environmental Efforts. 5820
Sec. 111. Provisions Applicable to Annual Author-

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Sec. 203. Office of Nuclear Reactor Regulation. 5843
Sec. 204. Office of Nuclear Material Safety and

Safeguards.

5844

Sec. 205. Office of Nuclear Regulatory Research.
Sec. 206. Noncompliance.

5845

5846

Sec. 207. Nuc'ear Energy Center Site Survey.
Sec. 208. Abnormal Occurrence Reports.

5847

5848

Sec. 209. Other Officers.

5849

Sec. 210. Unresolved Safety Issues Plan.
Sec. 210. Employee Protection.

5850

5851

TITLE III-MISCELLANEOUS AND TRANSITIONAL

PROVISIONS

Sec. 301. Transitional Provisions.

5871

Sec. 302. Transfer of Personnel and Other Matters. 5872
Sec. 303. Incidental Dispositions.

5873

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Energy Reorganization Act of 1974.

42 U.S.C. 5801 note.

42 U.S.C. 5801.

Energy Research and Development

establishment.

Sec. 312. Effective Date and Interim Amendments. 5801

TITLE IV-SEX DISCRIMINATION

Sec. 401. Sex Discrimination Prohibited.

"SHORT TITLE

5891

"SECTION 1. The Act may be cited as the 'Energy Reorganization Act of 1974."

"DECLARATION OF PURPOSE

"SEC. 2. (a) 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) The Congress finds that, to best achieve these objectives, improve Government operations, and assure the Administration, 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 88 Stat. 1233. 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.

88 Stat. 1234.

AEC licensing

functions.

Small business participation.

"(c) The Congress finds that it is in the public interest Separation of that the licensing and related regulatory functions of the and regulatory 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. "(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 Priorities. 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 DEVELOPMENT ADMINISTRATION

"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

42 U.S.C. 5811.

Administrator.

"SEC. 102. (a) There shall be at the head of the Administration an Administrator of Energy Research and De- 42 U.S.C. 5812. velopment (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 Deputy Administrator, who shall be appointed by the Presi- Administrator. dent, by and with the advice and consent of the Senate.

88 Stat. 1234. 88 Stat. 1235.

Assistant Administrators.

General
Counsel.

Additional officers.

Director of
Military
Application.

42 U.S.C. 2011 note.

International cooperation.

Order of succession.

"(c) The President shall appoint the Administrator and Deputy Administrator from among individuals who, by reason of their general background and experienceare specially qualified to manage a full range of energy research and development programs.

"(d) There shall be in the Administration six Assistant Administrators, one of whom shall be responsible for 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.

"(e) There shall be in the Administration a General Counsel who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator.

"(f) 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 subject to subsection 161 d. of the Atomic Energy Act.

"(g) The Division of Military Application transferred to and established in the Administration by section 104 (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 the Assistant General Manager for Military Application.

"(h) Officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. The Administrator shall delegate to one such officer the special responsibility for international cooperation in all energy and related environmental research and development.

"(i) The Deputy Administrator (or in the absence or 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

or disability of the Administrator or in the event of a vacancy in the office of the Administrator.

"RESPONSIBILITIES OF THE ADMINISTRATOR

"SEC. 103. The responsibilities of the Administrator 42 U.S.C. 5813. shall include, but not be limited to

"(1) exercising central responsibility for policy

planning, coordination, support, and management

of research and development programs respecting all 88 Stat. 1235. energy sources, including assessing the requirements 88 Stat. 1236. for research and development in regard to various energy sources in relation to near-term and longrange needs, policy planning in regard to meeting those requirements, undertaking programs for the optimal development of the various forms of energy sources, managing such programs, and disseminating information resulting therefrom;

"(2) encouraging and conducting research and development, including demonstration of commercial feasibility and practical applications of the extraction, conversion, storage, transmission, and utilization phases related to the development and use of energy from fossil, nuclear, solar, geothermal, and other energy sources;

"(3) engaging in and supporting environmental, biomedical, physical, and safety research related to the development of energy sources and utilization technologies;

"(4) taking into account the existence, progress, and results of other public and private research and development activities, including those activities of the Federal Energy Administration relating to the development of energy resources using currently available technology in promoting increased utilization of energy resources, relevant to the Administration's mission in formulating its own research and development programs;

"(5) participating in and supporting cooperative research and development projects which may involve contributions by public or private persons or agencies, of financial or other resources to the performance of the work:

"(6) developing, collecting, distributing, and making available for distribution, scientific and technical information concerning the manufacture or development of energy and its efficient extraction, conversion, transmission, and utilization;

"(7) establishing, in accordance with the National Energy Extension Service Act, an Energy Extension Service to provide technical assistance, instruction, and practical demonstration on energy conservation measures and alternative energy systems to

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