ENERGY REORGANIZATION ACT OF 1974

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500250003-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 39
• Document Creation Date: December 12, 2016
• Document Release Date: November 6, 2001
• Sequence Number: 3
• Publication Date: October 9, 1974
• Content Type: REPORT

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93D CONGRESS t SENATE J REPORT
2d Session f No. 93-1252
Mr. RIsmCOFF, from the committee of conference,
submitted the following
CONFERENCE REPORT
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 11510) to
reorganize and consolidate certain functions of the Federal Govern-
ment in a new Energy Research and Development Administration
and in a Nuclear Energy Commission in order to promote more ef-
ficient management of such functions, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective I-louses as follows :
That the House recede from its disagreement to the amendment
of the Senate to the text of the bill and agree to the same with an
amendment as follows :
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
SEC. 1. THIS ACT MAY BE CITED AS THE "ENERGY REORGANIZATION
ACT OF 1974."
-
SFc. 2. (a) The Congress hereby declares that the general welfare
and the common defense and security require effective action to
develop, and increase the ejWciency 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
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in regard to international trade, to remake the Nation self-sufffi'cient 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, im-
prove Government operations, and assure the coordinated and effective
development of all energy sources, it is necessary to establish an En-
ergy 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 func-
tions, including but not limited to the Atomic Energy Commission's
military and production activities and its general basic research activi-
ties. In establishing an Energy Research and Development Adminis-
tration to achieve these objectives, the Congress intends that all possi-
ble sources of energy be developed consistent with warranted priorities.
(c) The Congress finds that it is in the public interest that the licens-
ing and related regulatory functions of the Atomic Energy Commis-
sion he 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 re-
sources 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
e fjiciency, 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, ex-
port 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
~'~EC. 101. There is hereby established an independent executive
agency to he known as the Energy Research and Development Admin-
istration (hereinafter in this Act referred to as the "Administration") .
Ssv:. IUD. (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 with-
in two years after release from active duty as a commissioned officer
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of a regular component of an Armed Force. The Administration shall
be administered under the supervision and direction of the Administra-
tor, who shall be responsible for the efficient and coordinated manage-
ment 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.
(c) The President shall appoint the Administrator 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.
(d) There shall be in the Administration six Assistant Administra-
tors, one of whom shall be responsible for fossil energy, another for
nuclear energy, another for environment and safety, another for con-
servation, 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 addi-
tional officers appointed by the Administrator. The positions of such
officers shall be considered career positions and be subject to subsec-
tion 161 d. of the Atomic Energy Act.
(g) The Division of Military Application transferred to and estab-
lished 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 com-
missioned 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 responsi-
bility for international cooperation in all energy and related environ-
mental 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 Gen-
eral 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.
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FS'Fcr.103. The responsibilities of the Administrator shall include, but
not be limited to-
(1) exercising central responsibility for policy planning, coordi-
nation. support, and managemment of research and development
programs respecting all energy sources, including assessing the
requirements for research and development in regard to various
energy sources in relation to rsear-term and long-range needs,
policy planning in regard to mr-eting those requirements, under-
taking programs for the optimal development of the various forms
Of energy sources, managing such programs, and disseminating
information resulting therefrom
.;
(N) encouraging and conducting research. and development,
in.rlr~ding demonstration of commercial feasibility and practical
applications of the extraction, conversion, storage, transmission,
and utilization phases related to the development and use of
en-eryy from fossil. nuclear, solar, geothermal, and other energy
sources;
(3) engagiizg in and supporting environmental, biomedical,
physical, and .safety research related to the development of energy
sources and utilization technologies;
(~) 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 pri"",ate persons or agencies, of financial or other resources to
the performance of the work;
(fi) developing, collecting. distributing, and making available
for distribution, scientific and technical information concerning
the man.ufactarer or developnwwt of energy and its efficient ex-
traction, conversion, transmission, and utilization.
(7) creating and encouraging the development of general in-
formation to the public on all energy conservation technologies
acrd energy sources as they become available for general use, and
the Admi-nist:rator. in conjunction with the Administrator of the
Federal Energy Administration shall, to the extent practicable,
disseminate such information through, the use of mass communi-
rations ;
(8) encouraging and conducting research and development in
energy conservation. tvh.ieh sha ll be directed toward the goals of
'educrnq total, energy consumption to the maximum extent prac-
t;cable, and toward maximum possible improvement in the efei-
ency r f energy use. Development of new and improved conserva-
tion measures shall be conducted 'with the goal o f the most expe-
diti.ou.e possible application of these measures;
(0) encouraging and participating in international cooperation
;n. energy and related environmental research and development
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(10) helping to assure an adequate supply of manpower for
the accomplishment of energy research and development pro-
grams, by sponsoring and assisting in education and training ac-
tivities in institutions of higher education, vocational schools, and
other institutions, and by assuring the collection, analysis, and
dissemination of necessary manpower supply and demand data;
(11) encouraging and conducting research and development
in clean and renewable energy sources.
SEC. 104. (a) The Atomic Energy Commission is hereby abolished.
Sections 21 and 22 of the Atomic Energy Act of 1954, as amended
(42 U.S.C. 2031 and 2032) are repealed.
(b) All other functions of the Commission, the Chairman and
members of the Commission, and the officers and components of the
Commission are hereby transferred or allowed to lapse pursuant to
the provisions of this Act.
(c) There are hereby transferred to and vested in the Administra-
tor all functions of the Atomic Energy Commission, the Chairman
and members of the Commission, and the o, ffccers and components of
the Commission, except as otherwise provided in this Act.
(d) The General Advisory Committee established pursuant to sec-
tion 26 of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2036) the Patent Compensation Board established pursuant to section
157 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2187),
and the Divisions of Military Application and Naval Reactors estab-
lished pursuant to section 25 of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2035), are transferred to the Energy Research
and Development Administration and the functions of the Commission
with respect thereto, and with respect to relations with the Military
Liaison Committee established by section 27 of the Atomic Energy Act
of 1954, as amended (42 U.S.C. 2037), are transferred to the Adminis-
trator.
(e) There are hereby transferred to and vested in the Administrator
such functions of the Secretary of the Interior, the Department of the
Interior, and officers and components of such department-
(1) as relate to or are utilized by the O ffcce of Coal Research
established pursuant to the Act of July 1, 1960 (74 Stat. 336; 30
U.S.C.661-658);
(2) as relate to or are utilized in connection with fossil fuel
energy research and development programs and related activi-
ties conducted by the Bureau of Mines "energy centers" and syn-
thane plant to provide greater e ffieiency in the extraction process-
and utilization of energy resources for the purpose of con-
serving those resources, developing alternative energy resources,
such as oil and gas secondary and tertiary recovery, oil shale and
synthetic fuels, improving methods of managing energy-related
wastes and pollutants, and providing technical guidance needed
to establish and administer national energy policies; and
(3) as relate to or are utilized for underground electric power
transmission research.
The Administrator shall conduct a study of the potential energy ap-
plications of helium and, Within she months from the date of the enact-
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-meat of this Act, report to the President and Congress his recom-
mendations concerning the management of the Federal helium pro.
grams, as they relate to energy.
(f) There are hereby transferred to and vested in the Adrnvnistra-
for such functions of the National Science Foundation as relate to or
are utilized in connection with--
(1) solar heating and cooling development; and
(2) geothermal power development
(g) There are hereby transferred to and vested in the Administrator
such functions of the Environmental Protection Agency and the of-
cers and components thereof as relate to or are utilized in connection
'with research, development, and denronstration, but not assessment or
monitoring for regulatory purposes, of alternative automotive powea
systems.
(h) To the extent necessary or appropriate to perform functions
and carry out programs trans f erred by this Act, the Administrator
and Commission may exercise, in relation to the functions so trans-
ferred, any authority or part thereof available by law, including appro-
priation Acts, to the official or agency from which such functions were
transferred.
(i) In the exercise of his responsibilities under section 103, the
Admi-nistrator shall utilize, with their consent, to the fullest extent he
determines advisable the technical and management capabilities of
other executive agencies having facilities, personnel, or other resources
which can wilt or advantageously be expanded to assist in car ing
out such responsibilities. The Adm,7nistrator shall consult with the
head of each agency with respect to vuch facilities, personnel, or other
resources, and may assign, with their consent, specific programs or
projects in energy ?esearch and development as appropriate. In making
such assignments under this srubsection, the head of each such agency
shall insure that-
(1) such assignments shall be in addition to and not detract
from the basic mission responsibilities of the agency, and
(2) such, assignments shall bc- carried out a der such guidance
as the Adn?,in.istrator deems appropriate.
ADMINISTRATIVL' PROVISIONS
SFO. 105. (a) The Administrator is authorized to prescribe such
prolicies, standards, criteria, procedcres, rules, and regulations as he
may deem to be necessary or appr?op-riate to perform functions now or
h erea f ter? vested in him.
(b) The Administrator shall engage in such policy planning, and
perform such program, evaluation analyses and other studies. as may
be necessary to promote the efficient and coordinated administration
of the Administration: and properly assess progress toward the achieve-
ment of its missions.
(e) Except as otherwise expressly provided by law, the Administra-
tor 7nay delegate any of his functions to such, officers and employees Of
the Administration as he nay designate. and may authorize such suc-
cessire redelegations of such, functions as he may deem to be necessary
or appropriate.
(d) Except as provided in section 102 and in section 104(d), the
Administrator may organize the Administration as lie may deem. to be
necessary or appropriate.
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(e) The Administrator is authorized to establish, maintain, alter, or
discontinue such State, regional, district, local, or other field offices
as he may deem to be necessary or appropriate to perform functione
now or hereafter vested in hina.
(f) The Administrator shall cause a seal of office to be made for the
Administration of such device as he shall approve, and judicial notice
shall be taken of such seal.
(g) The Administrator is authorized to establish a working capital
fund, to be available without fiscal year limitation, for expenses neces-
sary for the maintenance and operation of such common administra-
tive services as he shall find to be desirable in the interests of economy
and efficiency. There shall be transferred to the fund the stocks of sup-
plies, equipment, assets other than real property, liabilities, and unpaid
obligations relating to the services which he determines will be per-
formed through the fund. Appropriations to the fund, in such
amounts as may be necessary to provide additional working capital,
are authorized. The working capital fund shall recover, from. the ap-
propriations and funds for which services are performed, either in
advance or by way of reimbursement, amounts which will approximate
the costs incurred, including the accrual of annual leave and the de-
preciation of equipment. The fund shall also be credited with receipts
from the sale or exchange of its property, and receipts in payment for
loss or damage to property owned by the fund.
(h) Each department, agency, and instrumentality of the executive
branch of the Government is authorized to furnish to the Administra-
tor, upon his request, any information or other data which the Adminis-
trator deems necessary to carry out his duties under this title.
PERSONNEL AND SERVICES
Sec. 106. (a) The Administrator is authorized to select, appoint,
employ, and fix the compensation of such officers and employees, in-
cluding attorneys, pursuant to section 161 d. of the Atomic Energy
Act of 1954, as amended (42 U.S.C. ~2301(d)) as are necessary to per-
form the functions now or hereafter vested in him and to prescribe
their functions.
(b) The Administrator is authorized to obtain services as provided
by section 3109 of title 5 of the United States Code.
(c) The Administrator is authorized to provide for participation of
military personnel in the performance Of his functions. Members of
the Army, the Navy, the Air Force, or the Marine Corps may be de-
tailed for service in the Administration by the appropriate military
Secretary, pursuant to cooperative agreements with the Secretary,
for service in the Administration in positions other than a position
the occupant of which must be approved by and with the advice and
consent of the Senate.
(d) Appointment, detail, or assignment to, acceptance of, and serv-
ice in, any appointive or other position in the Administration under
this section shall in no way affect the status, ogee, rank, or grade
which such o ffccers or enlisted men may occupy or hold, or any emolu-
ment, perquisite, right, privilege, or benefit incident to or arising out
of any such status, office, rank, or grade. A member so appointed,
detailed, or assigned shall not be subject to direction or control by his
Armed Forces, or any officer thereof, directly or indirectly, with re-
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spect to the responsibilities exercised in the position to which ap-
pointed, detailed, or assigned.
(e) The Administrator is authorized to pay transportation expenses,
and per diem in lieu of subsistence expenses, in accordance with chap-
ter 57 of title 5 of the United Staters Code for travel between places
of recruitment and duty, and while at places of duty, of persons ap-
pointed for emergency, temporary, or seasonal services in the field
service of the Administration.
(f) The Administrator is authorized to utilize, on a reimbursable
basis, the services of any personnel made available by any department,
agency, or instrumentality, including any independent agency of the
Government.
(g) The Administrator is authorized to establish advisory boards,
in accordance with the provisions of the Federal Advisory Committee
Act (Public Law 92-463), to advise with and make recommendations
to the Administrator on legislation, policies, administration, research,
and other matters.
(h) The Administrator is authorized to employ persons who are not
citizens of the United States in expert, scientific, technical, or pro f es-
sionai capacities 'whenever he deems it in the public interest.
SEC. 107.. (a) The Administrator is authorized to exercise his powers
in such manner as to insure the continued conduct o f research and devel-
opment and related activities in areas or fields deemed by the Admi.nis-
trator to he pertinent to the acquisition of an expanded fund of scien-
ti#c, technical, and practical knowledge in energy matters. To this end,
the Administrator is authorized to make arrangements (including con-
tracts, agreements, and loans) for the conduct of research and develop-
ment act i m ties ,,)ith. private or public institutions or persons, including
participation in joint or cooperative projects of a research, develop-
mental, or experimental nature; to make payments (in lump sum or
installments, and in advance or by nay of reimbursement, with neces-
sary adjustments on account of overpayments or undcrpaq;ments) ;
and generally to take such steps as he may deem- necessary or appro-
priate to perforia functions now or hereafter vested in him:. Such func-
tions of the Administrator under this Act as are applicable to the nu-
clear activities transferred pursuant to this title shall be subject to the
provisions of the Atomic Energy Act of 1954, as amended, and to other
authority applicable to such, nuclear activities. The nonnuclear respon-
sibilities and functions of the Administrator referred to in sections
103 and 10./ of this Act shall be carried out pursuant to the provisions
of this Acct, applicable authority existing immediately before the effec-
tirre date of this Act, or in accordance with the provisions of chapter 1
of the A Comic Energy Act of 19514 as amended (42 U.S.C. 2051-205-3).
(b) Except for public buildings ups defined in the Public Buildings
Act of 1959, as amended, and with respect to leased space subject to
the provisions of Reorganization Plan Numbered 18 of 1950, the Ad-
ministratar is authorized to acquire (by purchase, lease, condemna-
tion, or otherwise), construct, improve, repair, operate, and main-
tain facilities and real property as the Administrator deems to be
necessary in and outside of the District of Columbia. Such authority
shall apply only to facilities required for the maintenance and opera-
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tion of laboratories, research and testing sites and facilities, quarters,
and related accommodations for employees and dependents of em-
ployees of the Administration, and such other special-purpose real
property as the Administrator deems to be necessary in and outside the
District of Columbia. Title to any property or interest therein, real,
personal, or mixed, acquired pursuant to this section, shall be in the
United States.
(c) (1) The Administrator is authorized to provide, construct, or
maintain, as necessary and when not otherwise available, the following
for employees and their dependents stationed at remote locations:
(A) Emergency medical services and supplies.
(B) Food and other subsistence supplies.
(C) Messing facilities.
(D) Audiovisual equipment, accessories, and supplies for recre-
ation and training.
(E) Reimbursement for food, clothing, medicine, and other sup-
plies furnished by such employees in emergencies for the tempo-
rary relief of distressed persons.
(F) Living and working quarters and facilities.
(G) Transportation for school-age dependents of employees to
the nearest appropriate educational facilities.
(2) The furnishing of medical treatment under subparagraph (A)
of paragraph (1) and the furnishing of services and supplies under
paragraphs (B) and (C) of paragraph (1) shall be at prices reflect-
ing reasonable value as determined by the Administrator.
(3) Proceeds from reimbursements under this section shall be de-
posited in the Treasury and maybe withdrawn by the Administrator
to pay directly the cost of such work or services, to repay or make ad-
canees to appropriations or funds which do or will bear all or a part
of such cost, or to refund excess sums when necessary; except that such
payments may be credited to a service or working capital fund other-
wise established by law, and used under the law governing such funds,
if the fund is available for use by the Administrator for performing
the work or services for which payment is received.
(d) The Administrator is authorized to acquire any of the follow-
ing described rights i f the property acquired thereby is for use in,
or is useful to, the performance of functions vested in him:
(1) Copyrights, patents, and applications for patents, designs,
processes, specifications, and data.
(2) Licenses under copyrights, patents, and applications for
patents.
(3) Releases, before suit is brought, for past infringement of
patents or copyrights.
(e) Subject to the provisions of chapter 12 of the Atomic Energy
Act of 19 /, as amended (42 U.S.C. 2161-2166), and other applicable
law, the Administrator shall disseminate scientific, technical, and prac-
tical information acquired pursuant to this title through information
programs and other appropriate means, and shall encourage the dis-
semination of scienti fic, technical, and practical information relating
to energy so as to enlarge the fund of such. information ormation and to pro-
vide that free interchange of ideas and criticism which is essential to
scientific and industrial progress and public understanding.
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(f) The Administrator is author zed to accept, hold, administer,
and utilize gifts, and bequests of property, both real and personal, for
the purpose of aiding or facilitating the work of the Administration.
Gifts and bequests of money and proceeds from sales of other prop-
erty received as gifts or bequests shall be deposited in the Treasury
and shall be disbursed upon the order o_f the Admzinistrator. For the
purposes of Federall income, estate, and gift taxes, property accepted
under this section shall be considered as a gift or bequest to the United
States.
Sec. 108. (a) There is established in the Executive O fee of the
President an Energy Resources Council. The Council shall be com-
posed of the Secretary of the Interior, the Administrator of the Federal
Energy Administration, the Administrator of the Energy Research
and Development Administration, the Secretary of State, the Director,
O face of Management and Budget, and such other officials of the Fed-
eral Government as the President may designate. The President shall
designate one of the members of the Council to serve as Chairman.
(b) It shall be the duty and function of the Council to-
(1) insure eornmunieation and coordination among the agen-
cies of the Federal Government which have responsibilities for
the development and implementation of energy policy or for the
management of energy resources;
(2) make recommendations to the President and to the Con-
gress for measures to improve the implementation of Federal en-
crqy policies or the management of energy resources with, partic-
ular emphasis upon. policies and activities involving two or more
Departments or independent agencies; and
(.;) advise the President in the preparation of the reorganiza-
tion. recommendations required by section 110 of this Act.
(c) The Chairman of the C''ouncil may not refuse to testify before
the Congress or any duly authorizedcommittee thereof regarding the
duties o f the Council or other matters concerning interagency coordi-
nation of energy policy and activities.
(d) This section shall be effective nog later than sixty days after the
enactment of this Act or such, earlier date as the President shall pre-
scribe and publish. in the Federal Register, and shall terminate upon
enactment of a permanent department responsible for energy and nat-
ural resources or two years after such effective date, whichever shall
occur first.
SCTURE REORGANIZATION .
109. (a) The President shall transmit to the Congress as
promptly as possible, but not later than, June 30,1975, such additional
recommendations as he deems advisable for organization of energy
and related functions in the Federal Governmzent, including, but not
limited to, whether or not there shall be established (1) a Department
of Energy and Natural Resources, (2) an Energy Policy Council, and
(3) a. consolidation in whole or in part of regulatory functions con-
eernin.q energy.
(b) This report shall replace and serve the purposes of the report
required hq section 15(a) (4) of the Federal Energy Administration
11ett.
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COORDINATION WITH ENVIRONMENT4L EFFORTS
SEc. 110. The Administrator is authorized to establish programs 'to
utilize research and development performed by other Federal agencies
to minimize the adverse environmental effects of energy projects. The
Administrator of the Environmental Protection Agency, as well as
other affected agencies and departments, shall cooperate fully with the
Administrator in establishing and maintaining such programs, and in
establishing appropriate interagency agreements to develop coopera-
tive programs and to avoid unnecessary duplication.
SEC. 201. (a) (1) There is established an independent regulatory
commission to be known as the Nuclear Regulatory Commission which
shall be composed of five members, each of whom shall be a citizen of
the United States. The President shall designate one member of the
Commission as Chairman thereof to serve as such during the pleasure
of the President. The Chairman may from time to time designate any
other member of the Commission as Acting Chairman to act in the
place and stead of the Chairman during his absence. The Chairman
(or the Acting Chairman in the absence of the Chairman) shall pre-
side at all meetings of the Commission and a quorum for the transac-
tion of business shall consist of at least three members present. Each
member of the Commission, including the Chairman, shall have equal
responsibility and authority in all decisions and actions of the Com-
mission, shall have full access to all information relating to the per-
formance of his duties or responsibilities, and shall have one vote.
Action of the Commission shall be determined by a majority vote of
the members present. The Chairman (or Acting Chairman in the
absence of the Chairman) shall be the official spokesman of the Com-
mission in its relations with the Congress, Government agencies,
persons, or the public, and, on behalf of the Commission, shall see to
the faithful execution of the policies and decisions of the Commission,
and shall report thereon to the Commission from time to time or as the
Commission may direct. The Commission shall have an official seal
which shall be judicially noticed.
(2) The Chairman of the Commission shall be the principal execu-
tive officer of the Commission, and he shall exercise all of the executive
and administrative functions Of the Commission, including functions
of the Commission with respect to (A) the appointment and super-
vision o f personnel employed under the Commission (other than per-
sonnel employed regularly and full time in the immediate offices of
commissioners other than the Chairman and except as otherwise pro-
vided in this Act), (B) the distribution of business among personnel
appointed and supervised by the Chairman and among administrative
units of the Commission, and (C) the use and expenditure of funds.
(3) In carrying out any of his functions under the provisions of
this subsection the Chairman shall be governed by general policies of
the Commission and by such regulatory decisions, fcndings, and deter-
minations as the Commission may by law be authorized to make.
(b) (1) Members of the Commission shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
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(2) Appointments of members pursuant to this subsection shall
be made in such a manner that not more than three members of the
Commission shall be members of the same political party.
(c) Each member shall serve for a term of five years, each such
term to commence on July 1, except that of the five members first
appointed to the Commission, one shall serve for one year, one for two
years, one for three years, one for four years, and one for five years,
to be designated by the President at the time of appointment.
(d) Such initial appointments shall be submitted to the Senate
within sixty days of the signing of this Act. Any individual who is
serving as a member of the Atomic Energy Commission at the time
of the enactment of this Act. and who may be appointed by the Presi-
dent to the Commission, shall be appointed for a term designated by
the President, but, which term shall terminate not later than the end
of his present terra as a member of' the Atomic Energy Commission,
without regard to the requirements of subsection (b) (2) of this see-
tion. Any subsequent apopintment of such individuals shall be subject
to the provisions of this section.
(e) Any member of the Commission may be removed by the Presi-
dent for inefficiency, neglect of drsty, or malfeasance in office. No
member oj' the Commission shall engage in any business, vocation,
or employment other than that of serving as a member of the Com-
mIssion.
(f) There are hereby transferred to the Commission all the licens-
ing and related regulatory functions of the Atomic Energy Com-
mission, the Chairman and members of the Commission, the General
Counsel, anal. other officers and components of the Commission-which
functions officers, components, and personnel are excepted from the
transfer to the Administrator by section 104(c) of this Act.
(g) In addition to other functions and personnel transferred to the
Commission, there are also trans f erred to the Commission-
(1) the functions of the Atomic Safety and Licensing Board
Parcel and the Atomic Safety and Licensing Appeal Board;
() such personnel as the Director of the O fce of Manage-
ment and Budget determines are necessary for exercising respon-
sibiliti.es under section 205, relating to research, for the purpose
of confirmatory assessment relating to licensing and other regula-
tion under the provisions of the Atomic Energy Act of 1954, as
amenaed, and of this Act.
LICENSING AND RELATED REGULATORY FUNCTIONS RESPECTING SELECTED
ADuINISTRATION FACILITIES
Si,,,(!. 202. Notwithstanding the exclusions provided for in section
110 a. or' any other provisions of the Atomic Energy Act of 1954, as
amended (42 C.S.C. 2140(a)), the Nuclear Regulatory Commission
shall, except as otherwise specifically provided by section 110 b. of
the Atomic Energy Act of 1954, as mended (42 C.S.C. 2140(b)), or
other law, have licensing and related regulatory authority pursuant
to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as
amended, as to the following f acili-ties of the Administration
(1) Demonstration Liquid Metal Fast Breeder reactors when
opemuted as part of the pawcr gene, ration facilities of an electric
utility system, or when operated in any other manner for the pur-
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pose of demonstrating the suitability for commercial application
Of such a reactor.
(2) Other demonstration nuclear reactors-except those in
existence on the effective date of this Act-when operated as part
of the power generation facilities of an electric utility system, or
when operated in any other manner for the purpose of demonstrat-
ing the suitability for commercial application of such a reactor.
(3) Facilities used primarily for the receipt and storage of
high-level radioactive wastes resulting from activities licensed
under such Act.
(4) Retrievable Surface Storage Facilities and other facilities
authorized for the express purpose Of subsequent long-terra stor-
age of high-level radioactive waste generated by the Administra-
tion, which are not used for, or are part of, research and develop-
ment activities.
SEC. 203. (a) There is hereby established in the Commission an
O fflce of Nuclear Reactor Regulation under the direction of a Director
of Nuclear Reactor Regulation, who shall be appointed by the Com-
mission, who may report directly to the Commission, as provided in
section 209, and who shall serve at the pleasure of and be removable
by the Commission.
(b) Subject to the provisions of this Act, the Dierctor of Nuclear
Reactor Regulation shall perform such functions as the Commission
shall delegate including:
(1) Principal licensing and regulation involving all facilities
and materials licensed under the Atomic Energy Act of 1954, as
amended, associated with the construction and operation of nu-
clear reactors licensed under the Atomic Energy Act of 1954, as
amended;
(2) Review the safety and safeguards of all such facilities,
materials, and activities, and such review functions shall include,
but not he limited to-
(A) monitoring, testing and recommending upgrading of
systems designed to prevent substantial health or safety
hazards; and
(B) evaluating methods of transporting special nuclear
and other nuclear materials and of transporting and storing
high-level radioactive wastes to prevent radiation hazards to
employees and the general public.
(3) Recommend research necessary for the discharge of the
functions of the Commission.
(c) Nothing in this section shall be construed to limit in any way
the functions of the Administration relating to the safe operation of
all facilities resulting from all activities within the jurisdiction of
the Administration pursuant to this Act.
SEC. 204. (a) There is hereby established in the Commission an
Office of Nuclear Material Safety and Safeguards under the direction
of a Director of Nuclear Material Safety and Safeguards, who shall
be appointed by the Commission, who may report directly to the Com-
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mission as provided in section ??09, and who shall serve at the pleasure
of and be removable by the Commaission.
(b) Subject to the provisions of this Act, the Director of Nuclear
.11aterial Safety and Safeguards shall perform sach functions as the
Cornett i scion shall delegate including :
(1) Principal licensing and regulation involving all facilities
and materials, licensed under the Atomic Energy Act of 1954,
as amended, associated 2vith, the processing, transport, and han-
dling of nuclear materials, including the provision and mainte-
nance of safeguards against threats, thefts, and sabotage of such
licensed facilities, and materials..
(2) b'evirnr safety and safeguards of all such facilities and ma-
terials licensed under the Atonic Energy Apt of 1954, as amended,
and sue;z review shall include, but not be limited to-
(A) 7nonitorin.g, testing, and recommending upgrading of
internal accounting systems for special nuclear and other
nuclear materials licensed under the Atomic Energy Act of
1954, as amended;
(B) developing, in consultation and coordination with the
1drninistration, contingency plans for dealing with threats,
thefts, and sabotage relating to special nuclear materials,
high-level radioactive wastes and nuclear facilities resulting
from all activities licensed under the Atomic Energy Act of
11155. as amended;
(C) assessing the need for, and the feasibility of, establish-
ing asecurity agency within the office for the performance of
the safeguards functions, and a report with recommendations
on, this matter shall be prepared within one year of the effec-
ti;ne date of this Act and promptly transmitted to the Con-
ggre,ss by the Commission.
(3) Recommending research to enable the Commission to more
effectively perform its functions.
(c) Nothing in this section shall be construed to limit in any way
the functions o_f the Administration. relating to the safeguarding of
special nuclear materials, high-level radioactive wastes and nuclear
facilities resulting from all aetivitie,, mithin the jurisdiction of the
rl dntinistrrrtion, p2~rsuant, to this Act.
Ns-c. 205. (a) There is hereby established in the Commission an
rl ffice of Nuclear Regulatory Research under the direction of a Di-
rector of Nuclear Regulatory Research. who shall be appointed by
the Commission. who may report directly to the Commission as pro-
rded in section 109, and who shall er?'e at the pleasure of and he
removable h,1 the Commission..
(b) xSubjrct to the provisions of this Act, the Director of Nuclear
Regulatory Research shall perform such functions as the Commission
.shall delegate including :
(1) Developing recommendations for research deemed neces-
sarhl for performance by the Commission of its licensing and re-
lated regulatory functions.
(2) Engaging in or contracting for research, which the Com-
massion deems necessary for the performance of its licensing and
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(c) The Administrator of the Administration and the head of every
other Federal agency shall-
(1) cooperate with respect to the establishment of priorities for
the furnishing of such, research services as requested by the Com-
mission for the conduct of its functions;
(2) furnish to the Commission, on a reimbursable basis, through
their own facilities or by contract or other arrangement, such
research services as the Commission deems necessary and requests
for the performance of its functions; and
(3) consult and cooperate with the Commission on research
and development matters of mutual interest and provide such in-
formation and physical access to its facilities as will assist the
Commission in acquiring the expertise necessary to perform its
licensing and related regulatory functions.
(d) Nothing in subsections (a) and (b) of this section or section
201 of this Act shall be construed to limit in any way the functions
of the Administration relating to the safety of activities within the
jurisdiction. of the Administration.
(e) Each Federal agency, subject to the. provisions of existing law,
shall cooperate with the Commission and provide such information
and research services, on a reimbursable basis, as it may have or be
reasonably able to acquire.
SEc. 206. (a) Any individual director, or responsible officer of a
firm constructing, owning, operating, or supplying the components
of any facility or activity which is licensed or otherwise regulated
pursuant to the Atomic Energy Act of 1954 as amended, or pursuant
to this Act, who obtains information reasonably indicating that such
facility or activity or basic components supplied to such facility or
activity-
(1) fails to comply with the Atomic Energy Act of 1954, as
amended, or any applicable rule, regulation, order, or license of
the Commission relating to substantial safety hazards, or
(2) contains a defect which could create a substantial safety
hazard, as defined by regulations which the Commission shall
promulgate,
shall immediately notify the Commission of such failure to comply,
or of such defect, unless such person has actual knowledge that the
Commission has been adequately informed. of such defect or failure to
comply.
(b) Any person who knowingly and consciously fails to provide
the notice required by subsection (a) of this section shall be subject
to a civil penalty in an amount equal to the amount provided by sec-
tion 234 of the Atomic Energy Act of 1954, as amended.
(c) The requirements of this section shall be prominently posted on
the premises of any facility licensed or otherwise regulated pursuant
to the Atomic Energy Act of 1954, as amended.
(d) The Commission is authorized to conduct such reasonable in-
spections and other enforcement activities as needed to insure com-
pliance with the provisions of this section.
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S UOLEAR ENERGY OENTr7R SITE SURVEY
Sec. 207. a) (1) The Commission, is authorized and directed to
make or cause to be made under its direction, a national survey, which
shall include consideration of each, o f the existing or future electric
reliability regions, or other appropriate regional areas, to locate and
identify possible nuclear energy center sites. This survey shall be eon-
ducted, in cooperation -with other interested Federal. State, and local
agencies, and the views of interested persons, including electric utili-
ties, citizens' groups, and others, shall be solicited and considered.
(2) For purposes of this section, the term "nuclear energy center
site" means any site, including a site not restricted to land, large
enough to support utility operations or other elements of the total
nuclear fuell cycle, or both including, if appropriate, nuclear fuel
re,proeessing facilities, nuclear fuel fabrication plants, retrievable nu-
clear waste storage facilities, and uranium enrichment facilities.
(3) The survey shall include--
(a) a regional evaluation, of natural resources, including land.
air, and water resources. available-. for use in connection with nu-
clear energy center sites; estimates of future electric power re-
quirements that can be served by each nuclear energy center site:
an assessment Of the economic impact of each, nuclear energy site;
and consideration of any other relevant factors, including but
not limited to population, distribution, proximity to electric load
centers and to other elements of the fuel cycle, transmission line
rights-ot-way, and the availability of other fuel resources;
(b) a? 2 evaluation o f the environmental impact likely to result
from, eon