September 3, 1974 - 9 Pub. Law 93-409 88 STAT. 1077 "Mortgage loan" and "federally (b) As used in subsection (a), the term "mortgage loan" means a loan which is made to finance the purchase or construction of a residence or any other building or structure; and the term "federally assisted mortassisted mortgage loan" means a mortgage loan which (1) is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any agency of the Federal Government; or (2) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary or any other officer or agency of the Federal Government or under or in connection with a housing, urban development, or related program administered by the Secretary or a housing or related program administered by any other such officer or agency; or (3) is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or (4) is made in whole or in part by any "creditor," as defined in section 103 (f) of the Consumer Credit Protection Act of 1968 gage loan." (15 U.S.C. 1602(f)), who makes or invests in residential real 82 Stat. 147. estate loans aggregating more than $1,000,000 per year. constructed housing." (c) As used in subsection (a), the term "federally constructed hous- "Federally ing" means (1) residential or multifamily housing which is constructed by agencies of the Federal Government to provide dwelling accommodations for particular types or classes of persons under programs administered by such Federal agencies (including all housing constructed by the Department of Defense to provide dwelling accommodations for personnel of the armed services or for such personnel and their families), and (2) residential or multifamily housing which is constructed by agencies of State or local government, with financial assistance in any form from the Federal Government, to provide dwelling accommodations for particular types or classes of persons under programs administered by such State or local agencies. ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS SEC. 14. In carrying out their functions under this Act, all Federal 42 USC 5512. officers and agencies shall take steps to assure that small business con cerns will have realistic and adequate opportunities to participate in the programs under this Act to the maximum extent possible. PRIORITIES SEC. 15. The Secretary shall set priorities as far as possible consistent 42 USC 5513. with the intent and operation of this Act in accordance with the following criteria: Variety of (a) The residential dwellings and other buildings which will be part of the demonstration programs referred to in sections 5, 6, and 9 locations and shall be located in a sufficient number of different geographic areas in conditions. the United States to assure a realistic and effective demonstration of the solar heating systems and combined solar heating and cooling systems involved, and of the dwellings and other buildings themselves, in both rural and urban locations and under climatic conditions which vary as much as possible. 88 STAT. 1078 Costs. Cost sharing. 42 USC 5514. 42 USC 5515. 50 Stat. 888. 42 USC 1430. 42 USC 5516. 42 USC 5517. (b) Consideration shall be given to projected costs of commercial production and maintenance of the solar heating systems and combined solar heating and cooling systems utilized in the demonstration programs. (c) Encouragement should be given in the conduct of programs under this Act to those projects in which funds, appropriated by any State or political subdivision thereof for the purpose of sharing costs with the Federal Government for the purchase and installation of solar heating or combined solar heating and cooling components and systems, are committed before or after the date of the enactment of this Act. REGULATIONS SEC. 16. The Administrator and the Secretary in consultation with the Director of the National Bureau of Standards, the Director, the Administrator of the General Services Administration, the Secretary of Defense, and other appropriate officers and agencies, shall prescribe such regulations as may be necessary or appropriate to carry out this Act promptly and efficiently. Each such officer or agency, in consultation with the Administrator and the Secretary, may prescribe such regulations as may be necessary or appropriate to carry out his or its particular functions under this Act promptly and efficiently. USE OF PUBLICLY ASSISTED HOUSING SEC. 17. The Secretary shall make appropriate use of publicly assisted housing and particularly low-rent housing assisted under the United States Housing Act of 1937 in demonstrating solar heating systems and combined solar heating and cooling systems under this Act. TRANSFER OF FUNCTIONS SEC. 18. Within sixty days after the effective date of the law creating the Energy Research and Development Administration or any other law creating a permanent Federal organization or agency having jurisdiction over the energy research and development functions of the United States (or within sixty days after the enactment of this Act if the effective date of such law occurs prior to the enactment of this Act), the energy research and development functions vested in the National Aeronautics and Space Administration and the National Science Foundation under this Act and any funds which may have been appropriated pursuant to section 19 of this Act, to the extent necessary or appropriate, may, in accordance with regulations prescribed by the Office of Management and Budget, be transferred to and vested in the Energy Research and Development Administration or such other organization or agency. AUTHORIZATION OF APPROPRIATIONS SEC. 19. (a) There is hereby authorized to be appropriated to the National Aeronautics and Space Administration for the fiscal year ending June 30, 1975, $5,000,000, to remain available until expended, to carry out the functions vested in the Administrator by this Act. (b) There is hereby authorized to be appropriated to the Department of Housing and Urban Development for the fiscal year ending June 30, 1975, $5,000,000, to remain available until expended. Any September 3, 1974 - 11 Pub. Law 93-409 sums so appropriated shall be available (1) to carry out the functions vested in the Secretary of Housing and Urban Development by this Act, and (2) for transfer to the Department of Defense, the National Bureau of Standards, and the General Services Administration to enable them to carry out their respective functions under this Act. (c) There is hereby authorized to be appropriated for the fiscal years ending June 30, 1976, 1977, 1978, and 1979, $50,000,000 in the aggregate to carry out the programs established by this Act. Approved September 3, 1974. 88 STAT. 1079 LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-769 (Comm. on Science and Astronautios) and No. 93-1278 SENATE REPORTS: No. 93-734 Comm. of Conference). Comm. on Aeronautical and Space Sciences), No. 93-847 Comm. on Banking, Housing and Urban Affairs and Comm. on Labor and Public Welfare) and No. 93-1083 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 120 (1974): Feb. 13, considered and passed House. May 21, considered and passed Senate, amended. b. Public Law 93-438: The Energy Reorganization Act of 1974 Public Law 93-438 93rd Congress, H. R. 11510 An Act To reorganize and consolidate certain functions of the Federal Government in a new Energy Research and Development Administration and in a new Nuclear Regulatory Commission in order to promote more efficient management of such functions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE Energy Reorganization Aot of 1974. SECTION 1. This Act may be cited as the "Energy Reorganization 42 USC 5801 Act of 1974". DECLARATION OF PURPOSE note. SEC. 2. (a) The Congress hereby declares that the general welfare 42 USC 5801. and the common defense and security require effective action to develop, and increase the efficiency and reliability of use of, all energy sources to meet the needs of present and future generations, to increase the productivity of the national economy and strengthen its position in regard to international trade, to make the Nation self-sufficient in energy, to advance the goals of restoring, protecting, and enhancing environmental quality, and to assure public health and safety. (b) The Congress finds that, to best achieve these objectives, improve Energy Research Government operations, and assure the coordinated and effective and Development development of all energy sources, it is necessary to establish an Administration, Energy Research and Development Administration to bring together establishment. 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 88 STAT. 1233 activities. In establishing an Energy Research and Development 88 STAT. 1234 Administration to achieve these objectives, the Congress intends that all possible sources of energy be developed consistent with warranted priorities. (c) The Congress finds that it is in the public interest that the Separation of licensing and related regulatory functions of the Atomic Energy AEC licensing Commission be separated from the performance of the other functions and regulatory of the Commission, and that this separation be effected in an orderly functions. 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 Small business policy of Congress that small business concerns be given a reasonable participation. 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 efficiency, and utilization and conservation of energy. In carrying out this policy, to the extent practicable, the Administrator shall consult with the Administrator of the Small Business Administration. (e) Determination of priorities which are warranted should be based Priorities. 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. Pub. Law 93-438 - 2 October 11, 1974 42 USC 5811. Administrator. 42 USC 5812. Deputy Administrator. 88 STAT. 1234 88 STAT. 1235 Assistant TITLE I-ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION ESTABLISHMENT SEC. 101. There is hereby established an independent executive agency to be known as the Energy Research and Development Administration (hereinafter in this Act referred to as the "Administration"). OFFICERS SEC. 102. (a) There shall be at the head of the Administration an Administrator of Energy Research and Development (hereinafter in this Act referred to as the "Administrator"), who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. A person may not be appointed as Administrator within two years after release from active duty as a 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 coordinated management of the Administration. (b) There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (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 AdminisAdministrators. 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 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. General Counsel. Additional officers. Director of 42 USC 2011 note. International cooperation. (e) There shall be in the Administration a General Counsel who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator. (f) There shall be in the Administration not more than eight additional officers appointed by the Administrator. The positions of such officers shall be considered career positions and be subject to subsection 161 d. of the Atomic Energy Act. (g) The Division of Military Application transferred to and established in the Administration by section 104(d) of this Act shall be under the direction of a Director of Military Application, who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade. The functions, qualifications, and compensation of the Director of Military Application shall be the same as those provided under the Atomic Energy Act of 1954, as amended, for the Assistant General Manager for Military Application. (h) Officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. The Administrator shall delegate to one such officer the special responsibility for international cooperation in all energy and related environmental research and development. |