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.
PL 93-438 (H.R.11510), enacted 10/11/1974

88 STAT. ] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1233 
TITLE IX—RELATED AGENCY 
DEFENSE MANPOWER COMMISSION 
For necessary expenses of the Defense Manpower Commission in 
carrying out the provisions of title VII of the Department of Defense 
Appropriation Authorization Act, 1974, including services as author-
ized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the rate for GS-18, and hire of passenger 
motor vehicles, $800,000: Provided^ That the unobligated balance of 
the approj)riation granted under this heading for the Fiscal Year 1974 
shall remain available during the current fiscal year. 
This Act may be cited as the "Department of Defense Appropriation 
Act, 1975". 
Approved October 8, 1974. 
10 use 131 
note. 
5 use 5332 
note. 
Short title. 
Public Law 93-438 
AN ACT 
October 11, 1974 
[H.R. 11510] 
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 hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
Energy Reorga-
nization Act of 
1974, 
SHORT TITLE 
SECTIOX 1. This 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 
''^ use ssoi. 
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 safet3^ 
(b) The Congress finds that, to best achieve these objectives, improve 
^""^y ^^-
Government operations, and assure the coordinated and effective v
e
T
o
p
m
e
^
n
t 
development of all energy sources, it is necessary to establish an ^'^^'"i^'®^'"^"°"> 
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 Commis-
sion's military and production activities and its general basic research 
establishment. 
functions. 
Small business 
participation. 
1234 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
activities. In establisliing an E n e r ^ Research and Development 
Administration to achieve these objectives, the Congress intends that 
all possible sources of energy be developed consistent with warranted 
priorities. 
AEc^iiTen°s'ing 
(c) The Congress finds that it is in the public interest that the 
and regulatory 
Hccnsing 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. 
(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 posssible, fairly and equitably 
in grants, contracts, purchases, and other Federal activities relating to 
research, development, and demonstration of sources of energy effi-
ciency, and utilization and conservation of energy. In carrying out 
this policy, to the extent practicable, the iVdministrator 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 DEVELOPMENT 
ADMINISTRATION 
ESTABLISHMENT 
42 use 5811. 
gj,^_ -^Q-^^ 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 "Adminis-
tration"). 
OFFICERS 
Priorities. 
Administrator. 
42 u s e 5812. 
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 con-
sent of the Senate. A person may not be appointed as Administrator 
within two years after release from active duty as a commissioned 
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 coordi-
nated management of the Administration. 
Deputy Admin- 
(j^^ Tlicre sliall bc in the Administration a Deputy Administrator, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate. 
istrator. 
88 
STAT.] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1235 
(c) The President shall appoint the Administrator and Deputy 
Administrator from among individuals who, by reason of their gen-
eral 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 Adminis-
trators, 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 iVssistant Adminis-
trators 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 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 commis-
sioned 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 respon-
sibility for international cooperation in all energy and related envi-
ronmental 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. 
Assistant 
Administrators. 
General Coun-
sel. 
Additional 
officers. 
Director of 
Military Applica-
tion. 
42 u s e 2011 
note. 
International 
cooperation. 
Order of suc-
cession. 
RESPONSIBILITIES OF THE 
ADMINISTRATOR 
SEC. 103. The responsibilities of the Administrator shall include, 
but not be limited to— 
(1) exercising central responsibility for policy planning, coordi-
nation, support, and management of research and development 
42 u s e 5813. 
1236 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
programs respecting all energy sources, including assessing the 
requirements for research and development in regard to various 
energy sources in relation to near-term and long-range needs, 
policy planning in regard to meeting those requirements, under-
taking programs for the optimal development of the various 
forms of energy sources, managing such programs, and dissemi-
nating 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 extrac-
tion, conversion, transmission, and utilization; 
(7) creating and encouraging the development of general 
information to the public on all energy conservation technologies 
and energy sources as they become available for general use, and 
the Administrator, in conjunction with the Administrator of the 
Federal P^nergy Administration shall, to the extent practicable, 
disseminate such information through the use of mass communi-
cations ; 
(8) encouraging and conducting research and development in 
energy conservation, which shall be directed toward the goals of 
reducing total energy consumption to the maximum extent 
practicable, and toward maximv^m possible improvement in the 
efficiency of energy use. Development of new and improved con-
servation measures shall be conducted with the goal of the most 
expeditious possible application of these measures; 
(9) encouraging and participating in international coopera-
tion in energy and related environmental research and develop-
ment ; 
(10) helping to assure an adequate supply of manpower for the 
accomplishment of energy research and development programs, 
88 STAT. ] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1237 
by sponsoring and assisting in education and training activities 
in institutions of liiglier education, vocational schools, and other 
institutions, and by assuring the collection, analysis, and dis-
semination of necessary manpower supply and demand data; 
(11) encouraging and conducting research and development in 
clean and renewable energy sources. 
ABOLrriON AND TRANSFERS 
SEC. lOL (a) The Atomic Energy Commission is hereby abolished. c^mmTssion.*"^*^^ 
Sections 21 and 22 of the Atomic Energy Act of 1954, as amended (42 
42 use 5814. 
U.S.C. 2031 and 2082) are repealed. 
' 
^"^P"^^-
(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 i^ui'suant to 
the provisions of this Act. 
(c) There are hereby transferred to and vested in the Administrator 
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 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 Commis-
sion with respect thereto, and with respect to relations with the Mili-
tary Liaison Committee established by section 27 of the Atomic Energy 
Act of 1954, as amended (42 U.S.C. 2037), are transferred to the 
Administrator. 
(e) There are hereby transferred to and vested in the Administrator tnentTunctio'^ns''.'^*' 
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.661-668); 
(2) as relate to or are utilized in connection with fossil fuel 
energy research and development programs and related activities 
conducted by the Bui-eau of Mines "energy centers" and syn-
thane plant to provide greater efficiency in the extraction, proc-
essing, and utilization of energy resources for the purpose of 
conserving 
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 
"euum appUca-
n. 
, . 
c i i - 
1 
• ! • 
• 
,1 
o 
1 
T 
o 
1 
tions s t u d y . 
applications ot helium and, within six months from the date of the 
1238 
Report to 
President and 
Congress. 
National Science 
Foundation func-
tions. 
Environmental 
Protection Agency 
functions. 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
Use of other 
agencies' cap-
abilities. 
enactment of this Act, report to the President and Congress his rec-
ommendations concerning the management of the Federal helium 
programs, as they relate to energy. 
(f) There are hereby transfen-ed to and vested in the Administi-ator 
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 
officers and components thereof as relate to or are utilized in con-
nection with T-esearch, development, and demonstration, but not 
assessment or monitoring for regulatory purposes, of alternative 
automotive power systems. 
(h) To the extent necessary or appropriate to perform functions 
and carry out progi-ams transferred by this Act, the Administrator 
and Commission may exercise, in relation to the functions so trans-
ferred, any authority oi- part thereof available by law. including 
appropriation Acts, to the official or agency from which such func-
tions were transferred. 
(i) In the exercise of his responsibilities under section 103, the 
Administrator 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 resouT'ces 
which can assist or advantageously be expanded to assist in carrying 
out such responsibilities. The Administrator shall consult with the 
head of each agency with respect to such facilities, personnel, or other 
resources, and may assign, with their consent, specific programs or 
projects in energy research and development as appropriate. In making 
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 undei- such guidance 
as the Administrator deems appi'opriate. 
Regulations. 
42 u s e 5815.. 
Policy planning 
and evaluation. 
Delegation of 
functions. 
Organization. 
Field offices. 
ADMINISTRATIVE TROVISIONS 
SEC. 105. (a) The Adn)inistrator is authorized to prescribe such 
policies, standards, criteria, procedures, I'ules, and regulations as he 
may deem to be necessary or appropi'iate to perform functions now or 
hereafter 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 Admmistration and properly assess progress toward the achieve-
ment of its missions. 
(c) Except as otherwise expressly provided by law, the Adminis-
trator may delegate any of his functions to such officers and employees 
of the Administration as he may designate, and may authorize such 
successive redelegations of such functions as he may deem to be neces-
sary or appropriate. 
(d) Except as provided in section 102 and in section 104(d), the 
Administrator may organize the Administration as he may deem to 
be necessary or appropriate. 
(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 functions now 
or hereafter vested in him. 
STAT.] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1239 
(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 administrative 
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 supplies, 
equipment, assets other than real property, liabilities, and unpaid 
obligations relating to the services whicli 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 author-
ized. The working capital fund shall recover, from the appropriations 
and funds for wliich 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 depreciation 
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 Adminis-
trator, upon his request, any information or other data which the 
Administrator deems necessary to carry out his duties under this 
title. 
rEKSONXKI. AND SERVICES 
Working 
fund. 
capital 
Informal 
from other ion 
a gen-
Appointment 
and pay. 
42 u s e 5816 
Experts and 
consultants. 
Military per-
sonnel. 
SEC. 106. (a) The Administrator is authorized to select, appoint, 
employ, and fix the compensation of such officers and employees, 
including attorneys, pursuant to section 161 d. of the Atomic Energy 
xVct of 1954, as amended (42 II.S.C. 2201(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 
detailed for service in the Administration by the appropriate military 
Secretary, pursuant to cooi^erative 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 service 
in, any appointive or other position in the Administration under this 
section shall in no way affect the status, office, rank, or grade which 
such officers or enlisted men may occupy or hold, or any emolument, 
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 
Force, or any officer thereof, directly or indirectly, with respect to 
the responsibilities exercised in the position to w^iich appointed, 
detailed, or assigned. 
(e) The Administrator is authorized to pay transportation expenses, 
and per diem in lieu of subsistence expenses, in accordance with ''"'' P""" '^'^'"• 
chapter 57 of title 5 of the United States Code for travel between 
s use 5701 
places of recruitment and duty, and while at places of duty, of persons 
appointed for emergency, temporary, or seasonal services in the field 
service of the Administration. 
Transportation 
1240 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
Personnel of 
other agencies. 
(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 
5 use app. I. 
^QI (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-
fessional capacities whenever he deems it in the public intei-est. 
Advisory 
boards. 
Noncitizens 
employment. 
POWERS 
42 u s e 2011 
note. 
development!" 
^EC. 107. (a) Tlic Admluistrator is authorized to exercise his powers 
42 use 5817. 
in such manner as to insure the continued conduct of research and 
development and related activities in areas or fields deemed by the 
Administrator to be pertinent to tlie acquisition of an expanded fund 
of scientific, technical, and practical knowledge in energy matters. To 
this end, the Administrator ,is authorized to make arrangements 
(including contracts, agreements, and loans) for the conduct of 
research and development activities w4th private or public institutions 
or persons, including participation in joint or cooperative projects 
of a research, developmental, or experimental nature; to make pay-
ments (in lump sum or installments, and in advance or by way of reim-
bursement, with necessary adjustments on account of overpayments 
or underpayments) ; and generally to take such steps as he may deem 
necessary or appropriate to perform functions now or hereafter vested 
in him. Such functions of the Administi-ator under this Act as are 
applicable to the nuclear activities transferred pursuant to this title 
shall be subject to the provisions of the Atomic P^nergy Act of 1954, 
as amended, and to other authority applicable to such nuclear activi-
ties. The nonnuclear responsibilities and functions of the Adminis-
trator referred to in sections 103 and 104 of this Act shall be carried 
out pursuant to the provisions of this Act, ai^plicable authority exist-
ing immediately before the effective date of this Act, or in accordance 
with the provisions of chapter 4 of the Atomic Energy Act of 1954, 
as amended (42 U.S.C. 2051-2053). 
relrproprrty!"'' 
i^) Exccpt for pubUc buildiugs as defined in the Public Buildings 
40 use 6 01 
Act of 1959, as amended, and with respect to leased space subject to 
"°5^usc a 
II 
^^^ provisions of Reorganization Plan Numbered 18 of 1950, the 
Administrator is authorized to acquire (by purchase, lease, condemna-
tion, or otherwise), construct, improve, repair, operate, and maintain 
facilities and real property as the Administrator deems to be neces-
sary in and outside of the District of Columbia. Such authority shall 
apply only to facilities required for the maintenance and operation 
of laboratories, research and testing sites and facilities, quarters, and 
related accommodations for employees and dependents of employees 
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. 
employees at 
(c)(1) Tlic Admlulstrator is authorized to provide, construct, or 
remote locations. 
maintain, as necessary and when not otherwise available, the follow-
ing for employees and their dependents stationed at remote locations: 
(A) Emergency medical services and supplies. 
(B) Food and other subsistence suppl ies. 
88 STAT.] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1241 
(C) Messino- facilities. 
(D) Audiovisual equipment, accessories, and supplies for 
recreation and training. 
(E) Reimbursement for food, clothing, medicine, and other 
supplies furnished by such employees in emergencies for the 
temporary 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 imder 
paragraphs (B) and (C) of paragraph (1) shall be at prices reflecting 
reasonable value as determined by the Administrator. 
(3) Proceeds from reimbursements under this section shall be 
deposited in the Treasury and may be withdrawn by the Adminis-
trator to pay directly the cost of such work or services, to repay or 
make advances 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 otherwise 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- co^''ri"Ms'*°" °^ 
ing described rights if the property acquired thereby is for use in, or patents, etc. 
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 
Dissemination 
Act of 1954, as amended (42 TT.S.C. 2161-2166), and othei- applicable 
'
"
f
"
'
"
'
"
^
*
^
"
"
-
law, the Administrator shall disseminate scientific, technical, and 
practical information acquired pursuant to this title through infor-
mation programs and other appropriate means, and shall encourage 
the dissemination of scientific, technical, and practical information 
relating to energy so as to enlarge the fimd of such information and 
to provide that free interchange of ideas and criticism which is 
essential to scientific and industrial progress and public understanding. 
(f) The Administrator is authorized to accept, hold, administer, 
^'^^^ '^"'^ ^e-
and utilize gifts, and bequests of property, both real and personal, for 'i"^^'^-
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 of the Administrator. For the 
purposes of Federal income, estate, and gift taxes, property accepted 
under this section shall be considered as a gift or bequest to the 
United States. 
INTERIM 
rOORDINATIOX 
SEC. 108. (a) There is established in the Executive Office of the ^^^"^"fcTunai. 
President an Energy Resources Council. The Council shall be com- 
Establishment! 
posed of the Secretary of the Interior, the Administrator of the '^^ ^^^ 5^^^-
Federal Energy Administration, the Administrator of the Energy 
Resear-ch and Development Administration, the Secretary of State, 
the Director, Office of Management and Budget, and such other 
officials of the Federal (lovernment as the President may designate. 
The President shall designate one of the members of the Council to 
serve as Chairman. 
before Congress. 
Effective date 
Publication in 
1242 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
(b) It shall be the duty and function of the Council to— 
(1) insure communication and coordination among the agencies 
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 
energy policies or the management of energy resources with 
particular emphasis upon policies and activities involving two 
or more Departments or independent agencies; and 
(3) advise the President in the preparation of the reorganiza-
tion recommendations required by section 110 of this Act. 
Testimony 
/Q\ 'J'J^Q Chairman of the Council may not refuse to testify before 
the Congress or any duly authorized committee thereof regarding 
the duties of the Council or other matters concerning interagency 
coordination of energy policy and activities. 
(d) This section shall be effective no later than sixty days after 
FederaTRegister. the eiiactmeiit of this Act or such earlier date as the President shall 
Termination 
prcscrlbe and publish in the Federal Register, and shall terminate 
upon enactment of a permanent department responsible for energy 
and natural resources oi- two years after such effective date, which-
ever shall occur first. 
FUTURE 
REORGANIZATION 
co^n7rrs's!° 
^EC. 109. (a) Thc President shall transmit to the Congress as 
42 use 5819. 
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 Government, 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 
concerning energy. 
(b) This report shall replace and serve the purposes of the report 
required by section 15(a) (4) of the Federal Energy Administration 
Act. 
COORDINATION WITT I ENVIRONMENTAL EFFORTS 
42 use 5820. 
t^^^ -
J
^
-
J
^
Q
^ rp|^^ 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 cooperative programs and to avoid unnecessary duplication. 
TITLE II—NUCLEAR REGULATORY COMMISSION 
ESTABLISHMENT AND TRANSFERS 
chlli^a"! '"''^ 
^^^- ^^^' (^) There is established an independent regulatory com-
42 usc'5841. 
mission 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 
Ante, 
p. 108. 
88 STAT.] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1243 
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 memher of tlie 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 Chair-
man) shall preside at all meetings of the (Commission and a quorum 
for the transaction 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 Commission, shall have full access to all information 
relating to the performance 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 Chair-
man in the absence of the Chairman) shall be the official spokesman of 
the (Commission in its rehitions with tiie Congress, (xovernment 
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. 
(b) (1) Members of the Commission shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate. 
(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 membei-s of the same political party. 
(c) Each member shall serve for a term of five years, each such 
Term. 
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 year's, 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 
submittal o
f 
within sixty days of the signing of this Act. Any individual who is senat"!"^^"'^ '° 
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 
President 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 term as a member of the Atomic Energy (Commission, 
wdthout regard to the requirements of subsection (b) (2) of this 
section. Any subsequent appointment of such individuals shall be sub-
ject to the provisions of this section. 
(e) Any member of the Commission may be removed by the Presi-
dent for inefficiency, neglect of duty, or malfeasance in office. No 
member of the Commission shall engage in any business, vocation, or 
employment other than that of serving as a member of the Commission. 
(f) There are hereby transferred to the (Commission all the licensing 
Transfer o
f AEC 
and related regulatory functions of the Atomic Energy Commission, pe"sonnei.''"'^ 
the Chairman and members of the Commission, the General Counsel, 
and other officers and components of the Commission—which func-
tions 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 ^ Additional 
Commission, there are also transferred to the (Commission— 
(1) the functions of the Atomic Safety and Licensing Board 
Panel and the Atomic Safety and Licensing Appeal Board; 
(2) such personnel as the Director of the Office of Management 
and Budget determines are necessary for exercising responsibili-
transfers. 
1244 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
ties under section 205, relating to, research, for the purpose of 
confirmatory assessment relating to licensing and other regula-
42 use 2011 
tion under the provisions of the Atomic Energy Act of 1954, as 
amended, and of this Act. 
LICENSING AND RELATED REGULATORY FUNCTIONS RESPECTING 
SELECTED 
ADMINISTRATION 
FACILITIES 
note 
42 use 5842. 
g^^^ gQg. Notwithstanding the exclusions provided for in section 
110 a. or any other provisions of the Atomic Energy Act of 1954, as 
amended (42 U.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 amended (42 U.S.C. 2140(b)), or 
other law, have licensing and related regulatory authority pursuant 
2 09^'^2Tii^°2i3i. to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as 
amended, as to the following facilities of the Administration: 
(1) Demonstration Liquid Metal Fast Breeder reactors when 
operated as part of the power generation facilities of an electric 
utility system, or when operated in any other manner for the pur-
pose of demonstrating the suitability for commercial applica-
tion 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 demon-
strating 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-term 
storage of high-level radioactive waste generated by the Admin-
istration, which are not used for, or are part of, research and 
development activities. 
OFFICE OF NUCLEAR REACTOR REGULATION 
42^usc^5'8T3"'" 
^^^- ^^^' (^) There is hereby established in the Commission an 
Director. 
' 
OfRcc of Nuclcar 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 Director 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 
nuclear 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 be limited to— 
Functions. 
42 u s e 2011 
note. 
88 STAT.] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1245 
(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. 
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS 
Establishment. 
42 u s e 5844. 
Functions. 
42 u s e 2011 
note. 
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-
mission as provided in section 2()9, and who shall serve at the pleasure 
of and be removable by the Commission. 
(b) Subject to the provisions of this Act, the Director of Nuclear 
Material Safety and Safeguards 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 processing, transport, and handling 
of nuclear materials, including the provision and maintenance 
of safeguards against threats, thefts, and sabotage of such 
licensed facilities, and materials. 
(2) Eeview safety and safeguards of all such facilities and 
materials licensed under the Atomic Energy Act of 1954, as 
amended, and such review shall include, but not be limited to— 
(A) monitoring, 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 
Administration, contingency plans for dealing with threats, 
thefts, and sabotage relating to special nuclear materials, 
high-level radioactive w^astes and nuclear facilities resulting 
from all activities licensed under the Atomic Energy Act of 
1954, as amended; 
(C) assessing the need for, and the feasibility of, estab-
lishing a security agency within the office for the performance 
of the safeguards functions, and a report with recommenda- r^J^Z°l\^° 
tions on this matter shall be prepared within one year of 
the effective date of this Act and promptly transmitted to 
the Congress 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 of the Administration relating to the safeguarding 
of special nuclear materials, high-level radioactive wastes and nuclear 
e ongress, 
1246 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
facilities resulting from all activities within the jurisdiction of the 
Administration pursuant to this Act. 
OFFICE OF NUCLEAR REGULATORY RESEARCH 
E stablishment. 
42 u s e 5845. 
Director. 
Cooperation of 
Federal agencies. 
Information and 
research services. 
SEC 205. (a) There is hereby established in the Commission an 
Office of Nuclear Regulatory Research under the direction of a Director 
of Nuclear Regulatory Research, 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 pleasui'e of and be removable 
by the Commission. 
(b) Subject 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-
sary for performance by the Commission of its licensing and 
related regulatory functions. 
(2) Engaging in or contracting for research which the Com-
mission deems necessary for the performance of its licensing and 
related regulatory functions. 
(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 
Commission 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 
information 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. 
42 u s e 5846. 
42 u s e 2011 
note. 
NONCOMPLIANCE 
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, 
42 u s e 2282. 
note. 
Enforcements 
88 STAT.] 
PUBLIC LAW 9 3 - 4 3 8 - O C T . 11, 1974 
1247 
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 
Penalty. 
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 
section 234 of the Atomic Energy Act of 1954, as amended. 
(c) The requirements of this section shall be prominently posted 
Posting o
f re-
on the premises of any facility licensed or otherwise regulated ''"""^""'" ^
^ 
pursuant to the Atomic Energy Act of 1954, as amended. 
42 use 2011 
(d) The Commission is authorized to conduct such reasonable 
inspections and other enforcement activities as needed to insure 
compliance with the provisions of this section. 
NUCLEAR ENERGY CENTER 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 of 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 
Federai-state-
conducted in cooperation with other interested Federal, State, and """^ coopera ion. 
local agencies, and the views of interested persons, including electric 
utilities, citizens' groups, and others, shall be solicited and considered. 
(2) For purposes of this section, the term "nuclear energy center 
Definition. 
site" means any site, including a site not restricted to land, large 
enough to support utility operations or other elements of the total 
nuclear fuel cycle, or both including, if appropriate, nuclear fuel 
reprocessing facilities, nuclear fuel fabrication plants, retrievable 
nuclear waste storage facilities, and unranium 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 
nuclear energy center sites; estimates of future electric power 
requirements 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-of-way, and the availability of other fuel resources; 
(b) an evaluation of the environmental impact likely to result 
from construction and operation of such nuclear energy centers, 
including an evaluation whether such nuclear energy centers will 
result in greater or lesser environmental impact than separate 
siting of the reactors and/or fuel cycle facilities; and 
(c) consideration of the use of federally owned property and 
other property designated for public use, but excluding national 
parks, national forests, national wilderness areas, and national his-
toric monuments. 
(4) A report of the results of the survey shall be published and Report to 
transmitted to the Congress and the Council on Environmental Qual- eounciron^nvi-
ity not later than one year from the date of the enactment of this ronmentai Quality; 
Act and shall be made available to the public, and shall be updated abnuy."'"''" 
from time to time thereafter as the Commission, in its discretion, 
deems advisable. The report shall include the Commission's evaluation 
of the results of the survey and any conclusions and recommendations, 
including recommendations for legislation, which the Commission 
may have concerning the feasibility and practicality of locating 
nuclear power reactors and/or other elements of the nuclear fuel cycle 
1248 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
Reports to 
Congress. 
42 u s e 5848. 
42 u s e 2011 
note. 
Public dis-
semination of 
information. 
on nuclear energy center sites. The Commission is authorized to adopt 
policies which will encourage the location of nuclear power reactors 
and related fuel cycle facilities on nuclear energy center sites insofar 
as practicable. 
ABNORMAL OCCURRENCE REPORTS 
SEC. 208. The Commission shall submit to the Congress each quarter 
a report listing for that period any abnormal occurrences at or asso-
ciated with any facility which is licensed or otherwise regulated pur-
suant to the Atomic Energy Act of 1954 as amended, or pursuant to 
this Act. For the purposes of this section an abnormal occurrence is an 
unscheduled incident or event which the Commission determines is 
significant from the standpoint of public health or safety. Nothing in 
the preceding sentence shall limit the authority of a court to review 
the determination of the Commission. Each such report shall 
contain— 
(1) the date and place of each occurrence; 
(2) the nature and probable consequence of each occurrence; 
(3) the cause or causes of each; and 
(4) any action taken to prevent reoccurrence; 
the Commission shall also provide as wide dissemination to the public 
of the information specified in clauses (1) and (2) of this section as 
reasonably possible within fifteen days of its receiving information of 
each abnormal occurrence and shall provide as wide dissemination to 
the public as reasonably possible of the information specified in clauses 
(3) and (4) as soon as such information becomes available to it. 
Executive 
Director. 
42 u s e 5849. 
Functions. 
Other officers. 
42 u s e 2201, 
OTHER OFFICERS 
SEC. 209. (a) The Commission shall appoint an Executive Director 
for Operations, who shall serve at the pleasure of and be removable 
by the Commission. 
(b) The Executive Director shall perform such functions as the 
Commission may direct, except that the Executive Director shall not 
limit the authority of the director of any component organization pro-
vided in this Act to communicate with or report directly to the Com-
mission when such director of a component organization deems it 
necessary to carry out his responsibilities. 
(c) There shall be in the Commission not more than five additional 
officers appointed by the Commission. The positions of such officers 
shall be considered career positions and be subject to subsection 161 d. 
of the Atomic Energy Act. 
TITLE III—MISCELLANEOUS AND TRANSITIONAL 
PROVISIONS 
Lapses 
cies and 
tions. 
42 u s e 5871 
of agen-
posi-
TRANSITIONAL PROVISIONS 
SEC. 301. (a) Except as otherwise provided in this Act, whenever 
all of the functions or programs of an agency, or other body, or any 
component thereof, affected by this Act, have been transferred from 
that agency, or other body, or any component thereof by this Act, the 
agency, or other body, or component thereof shall lapse. If an agency, 
or other body, or any component thereof, lapses pursuant to the pre-
ceding sentence, each position and office therein which was expressly 
authorized by law, or the incumbent of which was authorized to 
receive compensation at the rate prescribed for an office or position 
at level II, III, IV, or V of the Executive Schedule (5 U.S.C. 
5313-5316), shalllapse. 
88 STAT.] 
PUBLIC LAW 9 3 - 4 3 8 - O C T . 11, 1974 
1249 
(b) All orders, determinations, rules, regulations, permits, con-
tracts, certificates, licenses, and privileges—• 
(1) which have been issued, made, granted, or allowed to 
become effective by the President, any Federal department or 
agency or official thereof, or by a court of competent jurisdiction, 
in the performance of functions which are transferred under 
this Act, and 
(2) which are in effect at the time this Act takes effect, 
shall continue in effect according to their terms until modified, ter-
minated, superseded, set aside, or revoked by the President, the 
Administrator, the Commission, or other authorized officials, a court 
of competent jurisdiction, or by operation of law, 
(c) The provisions of this Act shall not affect any proceeding 
pending, at the time this section takes effect, befoi'e the Atomic Energy 
Commission or any department or agency (or component thereof) 
functions of which are transferred by this Act; but such proceedings, 
to the extent that they relate to functions so transferred, shall be 
continued. Orders shall be issued in such proceedings, appeals shall 
be taken therefrom, and payments shall be made pursuant to such 
orders, as if this Act had not been enacted; and orders issued in any 
such proceedings shall continue in effect until modified, terminated, 
supei'seded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this sub-
section shall be deemed to prohibit the discontinuance or modification 
of any such proceeding under the same terms and conditions and to 
the same extent that such pi'oceeding could have been discontinued if 
this Act had not been enacted. 
(d) Except as provided in subsection (f) — 
(1) the provisions of this Act shall not affect suits commenced 
prior to the date this Act takes effect, and 
(2) in all such suits proceedings shall be had, appeals taken, 
and judgments rendered, in the same manner and effect as if 
this Act had not been enacted. 
(e) No suit, action, or other proceeding commenced by or against 
any officer in his official capacity as an officer of any department or 
agency, functions of which are transferred by this Act, shall abate 
by reason of the enactment of this Act. No cause of action by or 
against any department or agency, functions of which are transferred 
by this Act, or by or against any officer thereof in his official capacity 
shall abate by reason of the enactment of this Act. Causes of actions, 
suits, actions, or other proceedings may be asserted by or against the 
United States or such official as may be appropriate and, in any 
* 
litigation pending when this section takes effect, the court may at 
any time, on its own motion or that of any party, enter any order 
which will give effect to the provisions of this section. 
(f) If, before the date on which this Act takes effect, any depart-
ment or agency, or officer thereof in his official capacity, is a party 
to a suit, and under this Act any function of such department, agency, 
or officer is transferred to the Administrator or Commission, or any 
other official, then such suit shall be continued as if this Act had not 
been enacted, with the Administrator or Commission, or other official, 
as the case may be, substituted. 
(g) Final orders and actions of any official or component in the 
performance of functions transferred by this Act shall be subject 
to judicial review to the same extent and in the same manner as if 
such orders or actions had been made or taken by the officer, depart-
ment, agency, or instrumentality in the performance of such functions 
immediately preceding the effective date of this Act. Any statutory 
requirements relating to notices, hearings, action upon the record, 
or administrative review that apply to any function transferred by 
1250 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
this Act shall apply to the performance of those functions by the 
Administrator or Commission, or any officer or component. 
(h) With respect to any function transferred by this Act and 
performed after the effective date of this Act, reference in any other 
law to any department or agency, or any officer or office, the functions 
of which are so transferred, shall be deemed to refer to the Administra-
tion, the Administrator or Commission, or other office or official in 
which this Act vests such functions. 
(i) Nothing contained in this Act shall be construed to limit, curtail, 
abolish, or terminate any function of the President which he had 
immediately before the effective date of this Act; or to limit, curtail, 
abolish, or terminate his authority to perform such function; or to 
limit, curtail, abolish, or terminate his authority to delegate, redelegate, 
or terminate any delegation of functions. 
(j) Any reference in this Act to any provision of law shall be 
deemed to include, as appropriate, references thereto as now or here-
after amended or supplemented. 
(k) Except as may be otherwise expressly provided in this Act, 
all fiuictions expressly conferred by this Act shall be in addition to 
and not in substitution for functions existing immediately before the 
effective date of this Act and transferred bv this Act. 
42 u s e 5872. 
TRANSFER OF PERSONNEL AND OTHER MATTERS 
SEC. 302. (a) Except as provided in the next sentence, the personnel 
employed in connection with, and tlie personnel positions, assets, 
liabilities, contracts, pi-operty, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
held, used, arising from, available to or to be made available in con-
nection with the functions and programs transferred by this Act, are, 
subject to section 202 of the Budget and Accounting Procedures Act 
of 1050 (31 II.S.C. 581c), correspondingly transferred for appro-
priate allocation. Personnel positions expressly created by law, per-
sonnel occupying those positions on the effective date of this Act, and 
personnel authorized to receive compensation at the rate prescribed 
for offices and positions at levels II, III, IV, or V of the Executive 
^Schedule (5 U.S.C. 5313-5316) on the effective date of this Act shall 
be subject to the provisions of subsection (c) of this section and 
section 301 of this Act. 
(b) Except as provided in subsection (c), transfer of nontemporary 
personnel pursuant to this Act shall not cause any such employee to be 
separated or reduced in grade or compensation for one year after 
such transfer. 
(c) Any person who, on the effective date of this Act, held a position 
compensated in accordance with the Executive Schedule prescribed 
in chapter 53 of title 5 of the United States Code, and who, without 
a break in service, is appointed in the Administration to a position 
having duties comparable to those performed immediately preceding 
his appointment shall continue to be compensated in his new position 
at not less than the rate provided for his previous position. 
INCIDENTAL DISPOSITIONS 
42 use 5873. 
SEC. 303. The Director of the Office of Management and Budget is 
authorized to make such additional incidental dispositions of person-
nel, personnel positions, assets, liabilities, contracts, property, records, 
and unexpended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available to or to be 
5 u s e 5301, 
88 STAT.] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1251 
made available in connection with functions transferred by this Act, as 
he may deem necessary or appropriate to accomplish the intent and 
purpose of this Act. 
DEFINITIONS 
SEC. 304. As used in this Act— 
^2 use 5874. 
(1) any reference to "function" or "functions" shall be deemed 
to include references to duty, obligation, power, authority, re-
sponsibility, right, privilege, and activity, or the plural thereof, 
as the case may be; and 
(2) any reference to "perform" or "performance", when used 
in relation to functions, shall be deemed to include the exercise of 
power, authority, rights, and privileges. 
AirrHORIZATION OF APPROPRIATIONS 
42 u s e 5875. 
SEC. 305. (a) Except as otherwise provided by law, appropriations 
made under this Act shall be subject to annual authorization. 
(b) Authorization of appropriations to the Commission shall re-
flect the need for effective licensing and other regulation of the 
nuclear power industry in relation to the growth of such industry. 
COMPTROLLER GENERAL AUDIT 
SEC. 30(). (a) Section 166. "Comptroller General Audit" of the 
^^ use 5876. 
Atomic Energy Act of 1954, as amended, shall be deemed to be ap- 
"
^
^ ^^^ ^^°^-
plicable, respectively, to the nuclear and nonnuclear activities under 
title 1 and to the activities under title II. 
^2^2!^' ^^" ^"'' 
(b) The Comptroller General of the United States shall audit, 
review, and evaluate the implementation of the provisions of title 
II of this Act by the Nuclear Safety and Licensing Commission 
not later than sixty months after the effective date of this Act, the 
Comptroller General shall prepare and submit to the Congress a 
Report to 
roi)ort on his audit, which shall contain, but not be limited to— 
eongress. 
(1) an evaluation of the effectiveness of the licensing and 
related regulatory activities of the Commission and the opera-
tions of the Office of Nuclear Safety Kesearch and the Bureau 
of Nuclear Materials Security; 
(2) an evaluation of the effect of such Commission activities 
on the efficiency, effectiveness, and safety with which the activities 
licensed under the Atomic Energy Act of 1954, as amended, are 
carried out; 
(3) recommendations concerning any legislation he deems 
necessary, and the reasons therefor, for improving the imple-
mentation of title II. 
REPORTS 
SEC. 307. (a) The Administrator shall, as soon as practicable after p^^^fd^j^^t 3°^*"'' 
the end of each fiscal year, make a report to the President for sub- eongress. 
mission to the Congress on the activities of the Administration dur- 
'^^ ^^'^ ^^'^'^^ 
ing the preceding fiscal year. Such report shall include a statement 
of the short-range and long-range goals, priorities, and plans of the 
Administration together with an assessment of the progress made 
toward the attainment of those objectives and toward the more effec-
tive and efficient management of the Administration and the coordi-
nation of its functions. 
(b) During the first year of operation of the Administration, the 
Feasibility oi 
Administrator, in collaboration with the Secretary of Defense, shall trry^^ppYkrltTon' 
conduct a thorough review of the desirability and feasibility of trans- functions. 
42 u s e 2011 
note. 
Report to 
President. 
1252 
PUBLIC LAW 93-438-OCT. 11, 1974 
[88 STAT. 
ferring to the Department of Defense or other Federal agencies the 
functions of the Administrator respecting military application and 
restricted data, and within one year after the Administrator first 
takes office the Administrator shall make a report to the President, 
for submission to the Congress, setting forth his comprehensive analy-
sis, the principal alternatives, and the specific recommendations of 
the Administrator and the Secretary of Defense. 
(c) The Commission shall, as soon as practicable after the end of 
each fiscal year, make a report to the President for submission to 
the Congress on the activities of the Commission during the preced-
ing fiscal year. Such report shall include a clear statement of the 
short-range and long-range goals, priorities, and plans of the Com-
mission as they relate to the benefits, costs, and risks of commercial 
nuclear power. Such report shall also include a clear description of 
the Commission's activities and findings in the following areas— 
(1) insuring the safe design of nuclear powerplants and other 
licensed facilities; 
(2) investigating abnormal occurrences and defects in nuclear 
powerplants and other licensed facilities; 
(3) safeguarding special nuclear materials at all stages of the 
nuclear fuel cycle; 
(4) investigating suspected, attempted, or actual thefts of spe-
cial nuclear materials in the licensed sector and developing con-
tingency plans for dealing with such incidents; 
(5) insuring the safe, permanent disposal of high-level radio-
active wastes through the licensing of nuclear activities and 
facilities; 
(6) protecting the public against the hazards of low-level 
radioactive 
emissions 
from 
licensed nuclear 
activities 
and 
facilities. 
42 u s e 5878. 
42 use 5879. 
5 use 5313. 
5 use 5314. 
INFORMATION TO COMMITTEES 
SEC. 308. The Administrator shall keep the appropriate congres-
sional committees fully and currently informed with respect to all of 
the Administration's activities. 
TRANSFER OF FUNDS 
SEC. 309. The Administrator, when authorized in an appropriation 
Act, may, in any fiscal year, transfer funds from one appropriation 
to another within the Administration; except, that no appropria-
tion shall be either increased or decreased pursuant to this section by 
more than 5 per centum of the appropriation for such fiscal year. 
CONFORMING AMENDMENTS TO CERTAIN OTHER LAWS 
SEC. 310. Subchapter II (relating to Executive Schedule pay rates) 
of chapter 53 of title 5, United States Code, is amended as follows: 
(1) Section 5313 is amended by striking out "(8) Chairman, 
Atomic Energy Commission." and inserting in lieu thereof "(8) 
Chairman, Nuclear Regulatory Commission.", and by adding at 
the end thereof the following: 
"(22) Administrator of Energy Research and Development 
Administration.". 
(2) Section 5314 is amended by striking out "(42) Members, 
Atomic Energy Commission." and inserting in lieu thereof "(42) 
Members, Nuclear Regulatory Commission.", and by adding at 
the end thereof the following: 
"(60) Deputy Administrator, Energy Research and Develop-
ment Administration.". 
88 STAT.] 
PUBLIC LAW 93-438-OCT. 11, 1974 
1253 
5 use 5315. 
(3) Section 5315 is amended by striking out paragraph (50), 
and by adding at the end thereof the following: 
"(100) Assistant Administrators, P]nergy Research and Devel-
opment Administration (6). 
"(101) Director of Nuclear Reactor Regulation, 
Nuclear 
Regulatory Commission. 
"(102) Director of Nuclear Material Safety and Safeguards, 
Nuclear Regulatory Commission. 
"(103) Director of Nuclear Regulatory Research, Nuclear 
Regulatory Commission. 
"(104) Executive Director for Operations, Nuclear Regulatory 
Commission." 
(4) Section 5316 is amended by striking out paragraphs (29), 
^ ^^^ 5316. 
(62), (69), and (102), by striking out "(81) General Counsel of 
the Atomic Energy Commission," and inserting in lieu thereof 
"(81) General Counsel of the Nuclear Regulatory Commission.", 
and by adding at the end thereof the following: 
"(134) General Counsel, Energy Research and Development 
Administration. 
"(135) Additional officers. Energy Research and Development 
Administration (8). 
"(136) Additional officers. Nuclear Regulatory Commission 
(5).". 
SEPARABILITY 
42 use 5801 
note. 
SEC. 311. If any provision of this Act, 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. 
EFFECTIVE DATE AND INTERIM APPOINTMENTS 
SEC. 312. (a) This Act shall take effect one hundred and twenty ^^^2 use ssoi 
days after the date of its enactment, or on such earlier date as the 
President may prescribe and publish in the Federal Register; except 
Publication in 
that any of the officers provided for in title I of this Act 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 
w^hich are transferred to the Administrator and the Commission by 
this Act, may, wath 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 w^as required to be made by and wdth 
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 act-
ing, such persons shall receive compensation at the rates provided by 
this Act for the respective offices in which they act. 
1254 
PUBLIC LAW 93-439-OCT. 11, 1974 
[88 STAT. 
TITLE IV—SEX DISCRIMINATION 
SEX DISCRIMINATION PROHIBITED 
42 use 5891. 
g^^^ ^Q^ -^Q person shall on the ground of sex be excluded fi-om 
participation in, be denied a license under, be denied the benefits of, 
or be subjected to discrimination under any program or activity cai-ried 
on or receiving Federal assistance imder any title of this Act. Tliis 
provision will be enforced through agency provisions and rules similar 
to those already established, with respect to racial and other dis-
42 use 2oood. 
crimination, under title VI of the Civil Rights Act of 1964. However, 
this remedy is not exclusive and will not prejudice or cut o& any othei' 
legal remedies available to a discriminatee. 
Approved October 11, 1974. 
Public Law 93-439 
October 11, 1974 
AN ACT 
[H.R. 11546] 
rj,^ authorize the establishment of tlie Big Tliicket National Preserve in the 
State of Texas, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Na^ionli'P!^^- 
United States of America m Congress assembled^ That (a) in order to 
serve, Tex. 
assuTC the proservation, conservation, and protection of the natural, 
Establishment, sceulc, and red'eatioiial values of a significant portion of the Big 
Thicket area in the State of Texas and to provide for the enhancement 
and public enjoyment thereof, the Big Thicket National Pi-eserve is 
liei'eby established. 
M
a
p and^de-^ 
^j^^ ^he Big Tliickct Natloual Preserve (hereafter referred to as 
the "preserve") shall include the units generally depicted on the map 
entitled "Big Thicket National Preserve'", dated November 1978 and 
numbered NBR-BT 91,027 which shall be on file and available for 
public inspection in the offices of the National Park Service, Depart-
ment of the Interior, AVashington, District of Columbia, and shall be 
filed with appropriate offices of Tyler, Hardin, Jasper, Polk, Liberty, 
Publication in 
Jefl'erson, and Orange Counties in the State of Texas. The Secretary 
of the Interior (hereafter referred to as the "Secretary") shall, as soon 
as practicable, but no later than six months after the date of enactment 
of this Act, publish a detailed description of the boundaries of the pre-
serve in the Federal Register. In establishing such boundaries, the 
Secretary shall locate stream corridor unit boundaries referenced from 
the stream bank on each side thereof and he shall further make every 
reasonable effort to exclude from the units hereafter described any 
improved year-round I'esidential properties which he determines, in 
his discretion, are not necessary for the protection of the values of the 
area or for its proper administration. The preserve shall consist of the 
following units: 
Big Sandy Creek unit, Polk County, Texas, comprising appi'ox-
imately fourteen thousand three hundred acres; 
Federal Register.