ENERGY REORGANIZATION ACT OF 1974
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Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP75B00380R000500250004-0
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
39
Document Creation Date:
December 12, 2016
Document Release Date:
November 6, 2001
Sequence Number:
4
Case Number:
Publication Date:
October 8, 1974
Content Type:
OPEN
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93n CONGRESS HOUSE OF REPRESENTATIVES REPORT
2d Session No. 93-1445
ENERGY REORGANIZATION ACT OF 1974
Mr. HOLIFIELD, 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 (II.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 Houses 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-
SEC. 1. THIS ACT MAY BE CITED AS THE "ENERGY REORGANIZATION
ACT OF 1974."
.DEOLARATION OF PURPOSE
xSrc. 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
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in regard to international trade, to make the Nation self-suff'i'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
developin.ent of all energy sources, it is necessary to establish an
En- Research, and Development Administration, to bring together
and direct Federal activities relatinq to research and development on
the various sources of energy, to increase the e fficiency and reliability
in the use of energy, and to carry out the performance of other func-
tions, intlvdinq but not limited to the Atomic Energy Commission's
military and production activities and its general basic research activi-
ties. Inestablishing 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-
i on 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 re-
sources n.e,"essary for the per 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 o energy. In carrying out
this policlt, to the extent practicable. the Administrator shall consult
with the Administrator of the Smull 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
,Si,,'r. 101. There is hereby established an independent executive
agency to be known as the Energy Research and Development Admin-
istration (hereinafter in. this Act referred to as the "Administration").
St. l0i . (a) There shall be at the head of the Administration an
.9 d7n;nistrotor of Energy Research and Development (hereinafter in
this Act referred to as the "A!.dmini..strator"), 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 -161d. 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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AS'Fc.103. The responsibilities of the Administrator shall include, but
,not be limited to-.
(1) exercising central responsibility for policy planning, coordi-
'natior,, support, and management of research and development
programs respecting all energy sources, including assessing the
i-er irements for research and development in regard to various
enerq;/ sources in relation to near-term and long-range needs,
policy planning in regard to meeting those requirements, under-
'alrincr programs for the optimal development of the various forms
of energy sources, managing such programs, and disseminating
information ormn,ation resulting therefrom;
(') encouraging and conducting research and development,
;'neiuo7ng demonstration of commercial feasibility and practical
rrpplioations 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;
('l) engaging in and supporting environmental, biomedical,
physical, and safety research related to the development of energy
,rmrcrs and utilization technologies;
O 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
resou,'ees, relevant to the Administration's mission in formulating
its own research and development programs;
(?educinq total energy consaunzption to the maximum extentt prac-
ticable, and, toward maximum possible improvement in the efci-
r"A(ly of energy use. Development of new and improved conserva-
t;o'n measures shall be conducted with the goal of the most expe-
elitiorns possible application of these measures;
(0) encouraging and participating in international. cooperation
in 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.
SLC. 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 officers 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 emended (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 Office of Coal Research
established pursuant to the Act of July 1, 1960 (74 Stat. 336; 30
U.S.C. 6161-658);
(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 efficiency in the extraction process-
ing, 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 six 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 Administra-
tor 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 offi-
cers and components thereof as relate to or are utilized in connection
'with research, development, and demonstration, 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 transferred 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, inchuding appro-
priatian Acts, to the o fj'icial or agency from which such functions were
trans f erred.
(i) In the exercise of his responsibilities under section 103, the
Adrrrinistrator 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 assist or advantageously be expanded to assist in carrying
out such. responsibilities. The Administrator shall consult with the
head o f each agency with respect to such facilities, personnel, or other
resources, and may assign, with their consent, specific programs or
pro)ects in energy research, and development as appropriate. In mating
.such assignments under this subsection, 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 be carried out 'under such guidance
as the .4dm.ini