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.
Passed the Senate on August 15, 1974 (passed, in lieu of S. 2744)
Reported by the joint conference committee on October 8, 1974; agreed to by the House on October 9, 1974 (372-1) and by the Senate on October 10, 1974 (agreed)
Signed into law by President Gerald R. Ford on October 11, 1974
The Energy Reorganization Act of 1974 (Pub. L.93–438, 88 Stat.1233, enacted October 11, 1974, codified at 42 U.S.C.A. § 5801) is a United States federal law that established the Nuclear Regulatory Commission. Under the Atomic Energy Act of 1954, a single agency, the U.S. Atomic Energy Commission, had responsibility for the development and production of nuclear weapons and for both the development and the safety regulation of the civilian uses of nuclear materials. The Act of 1974 split these functions, assigning to the Energy Research and Development Administration (now the United States Department of Energy) the responsibility for the development and production of nuclear weapons, promotion of nuclear power, and other energy-related work, and assigning to the NRC the regulatory work, which does not include regulation of defense nuclear facilities. The Act of 1974 gave the Commission its collegial structure and established its major offices.
A later amendment to the Act also provided protections for employees, and whistleblowers, who raise nuclear safety concerns. Whistleblowers who believe they suffered retaliation for their protected activities have to file a written complaint with the United States Department of Labor (DOL) within 180 days of the first notice of the adverse action. The whistleblowers would later have a choice to have their claim heard by a DOL administrative law judge or to file a lawsuit in court and seek a trial to a judge or jury.
Provisions of the act
The Energy Reorganization Act of 1974 provided several policy elements regarding the Atomic Energy Commission and Nuclear Energy research.[1]
Creation of the NRC:
Established the Nuclear Regulatory Commission as an independent agency responsible for regulating civilian nuclear power plants and materials.
Division of responsibilities
Split the Atomic Energy Commission's functions, assigning nuclear weapons development to the Department of Defense and civilian nuclear power regulation to the NRC.
Employee protection
Included provisions protecting employees who raise concerns about nuclear safety from retaliation, known as "whistleblower protection".
Research and development focus
Created the Energy Research and Development Administration to focus on research and development of various energy sources, including fossil fuels and nuclear power.
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