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Reports to the
President and
Congress.

42 U.S.C. 5877.

activities and

progress.

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 implementation of title II.

REPORTS

SEC. 307. (a) The Administrator shall, as soon as practicable after the end of each fiscal year, make a report to Administration the President for submission to the Congress on the activities of the Administration during the preceding fiscal year. Such report shall include a statement of the shortrange 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 effective and efficient management of the Administration and the coordination of its functions.

Feasibility of transferring military application functions.

SS Stat. 1252.

Commission activities and findings.

(b) During the first year of operation of the Administration, the Administrator, in collaboration with the Secretary of Defense, shall conduct a thorough review of the desirability and feasibility of transferring 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 analysis, 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 preceding fiscal year. Such report shall include a clear statement of the short-range and long-range goals, priorities, and plans of the Commission 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 special nuclear materials in the licensed sector and developing contingency plans for dealing with such incidents;

(5) insuring the safe, permanent disposal of high-level radioactive 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.

INFORMATION TO COMMITTEES

SEC. 308. The Administrator shall keep the appropriate 42 U.S.C. 5878. congressional 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 42 U.S.C. 5879. appropriation Act, may, in any fiscal year, transfer funds from one appropriation to another within the Administration; except, that no appropriation 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 Development Administration.".

(3) Section 5315 is amended by striking out para- 88 Stat. 1253. graph (50), and by adding at the end thereof the following:

"(100) Assistant Administrators, Energy Research and Development 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.

42 U.S.C. 5801 note.

42 U.S.C. 5801 note.

Publication

in Federal

Register.

"(104) Executive Director for Operations, Nuclear Regulatory Commission."

(4) Section 5316 is amended by striking out paragraphs (29), (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

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 days after the date of its enactment, or on such earlier date the the President may prescribe and publish in the Federal Register; except 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 which are transferred to the Administrator and the Commission by this Act, may, with 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 was required to be made by and with 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 acting, such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act.

TITLE IV-SEX DISCRIMINATION

SEX DISCRIMINATION PROHIBITED

88 Stat. 1254.

42 U.S.C. 5891.

SEC. 401. No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any title of this Act. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is 42 U.S.C. not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.

2000d.

INDEX TO THE LEGISLATIVE HISTORY OF THE ENERGY REORGANIZATION ACT OF 1974 AND AMENDMENTS

PUBLIC LAW 93-438-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

(Page references are of the Congressional Record, 93d Cong., 1st and 2d Sess.) H.R. 11510 introduced on November 15, 1973, by Mr. Holifield, for himself and Mr. Horton, Mr. Price of Illinois, and Mr. Hosmer, 37190. Hearings: Legislation and Military Operations Subcommittee, Government Operations Committee, November 27, 28, and 29, 1973. House report filed (H. Rept. No. 93-707) December 7, 1973, 40300. H.R. 11510 considered and passed in House, December 19, 1973, 42568-42620.

Committee discharged, H.R. 11510 considered and passed in Senate in lieu of S. 2744, title amended, August 15, 1974, 28664.

Senate insists on its amendments and asks for conference, conferees deferred, August 15, 1974, 28670.

Senate conferees appointed, August 20, 1974, 29142.
House conferees appointed, September 23, 1974, 32024.

Conference report (H. Rept. 93-1445) submitted in House and agreed to October 8, 1974 (34429), and October 9, 1974 (34755).

Conference report submitted in Senate and agreed to, October 9, 1974 (34540), and October 10, 1974 (34854).

Examined and signed by the Speaker of the House, October 11, 1974,

35293.

Examined and signed by the President pro tempore of the Senate, October 11, 1974, 35490.

Presented to the President, October 11, 1974, 35491.

Approved as Public Law 93-438, October 11, 1974, 36017.

COMPANION BILL-S, 2744

S. 2744 introduced by Senator Ribicoff, for himself and Senator Aiken, Senator Brock, Senator Ervin, Senator Gurney, Senator Jackson,

Senator Javits, Senator Pastore, Senator Percy, Senator Roth, Senator Montoya and Senator Moss, November 27, 1973, 38077. Hearings Subcommittee on Reorganization, Research and International Organizations, Government Operations Committee, December 4, 5, and 10, 1973, February 26 and 27, 1974, March 12 and 13, 1974. Markup-April 9, 1974. Full Committee markup, May 29, 1974. Senate report filed (S. Rept. 93-980) June 27, 1974, 21392. Considered in Senate, August 13-15, 1974, 28120, 28160, 28571, 28588, 28590, 28606, 28614, 28625, 28629, 28644, 28653, 28654.

H.R. 11510 considered and passed in lieu of S. 2744, August 15, 1974, 28670.

PUBLIC LAW 94-79-S. 1716

To authorize appropriations to the Nuclear Regulatory Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization Act of 1974, and for other purposes.

(Page references are to the daily editions of the Congressional Record, 94th Cong., 1st session)

S. 675 introduced by Mr. Pastore (by request) February 12, 1975, S1827.

S. 1716 introduced as a clean bill by Mr. Pastore (for himself and Mr. Baker) on May 12, 1975, S7779.

Hearings: Subcommittee on Legislation of the Joint Committee on Atomic Energy, March 19, 1975. Published under the title of "Nuclear Regulatory Commission Authorizing Legislation, Fiscal Year 1976".

Reported (S. Rept. No. 94-174) June 4, 1975, S9509.

Considered and passed by the Senate with two amendments June 17, 1975, S10828–31.

Considered and passed by the House after striking all after the enacting clause and inserting in lieu thereof the language of House companion measure H.R. 7001, as amended, June 20, 1975, H5889–99. Senate concurs in the House amendment July 31, 1975, S14782. Examined and signed by the Speaker of the House August 1, 1975,

H8184.

Examined and signed by the President pro tempore of the Senate August 1, 1975, S14944.

Presented to the President August 2, 1975, S15098.

Approved as Public Law 94-79 August 9, 1975, S15098.

COMPANION BILL-H.R. 7001

H.R. 3274 introduced by Mr. Price (by request) February 19, 1975, H929.

H.R. 7001 introduced as a clean bill by Mr. Price May 14, 1975, H4076. Hearings: As listed above.

Reported (H.Rept. No. 94-260) June 4, 1975, H4921.

Considered and passed by the House with four amendments; passage of H.R. 7001 vacated and S. 1716 with the House amendments passed in lieu thereof; H.R. 7001 laid on the table, June 20, 1975, H5889-99.

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