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| Long title | 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. |
|---|---|
| Nicknames | Energy Research Reorganization Act |
| Enacted by | the 93rd United States Congress |
| Effective | October 11, 1974 |
| Citations | |
| Public law | 93-438 |
| Statutes at Large | 88 Stat. 1233 |
| Codification | |
| Titles amended | 42 U.S.C.: Public Health and Social Welfare |
| U.S.C. sections created | 42 U.S.C. ch. 73 § 5801 et seq. |
| Legislative history | |
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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.
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.
See also
- Atomic Energy Act of 1946
- Nuclear Regulatory Commission
- Nuclear Non-Proliferation Act of 1978
- Atomic Energy Act of 1954
- Energy Research and Development Administration
- United States Department of Energy
- Nuclear power
References
- "Governing Legislation". NRC Web. Retrieved 2024-12-04.
External links
- Energy Reorganization Act of 1974 as amended (PDF/details) in the GPO Statute Compilations collection
- Information from the Nuclear Regulatory Commission
- Public Employees for Environmental Responsibility (PEER)
- Government Accountability Project
- Project On Government Oversight (POGO)
- National Whistleblower Center
- Workplace Fairness FAQ for environmental whistleblowers
- Tate & Renner article on whistleblowers under U.S. federal law
- Whistleblower Employee Protection Website
- U.S. Department of Labor Whistleblower Program & information
- Executive Order 11814—Activation of the Energy Resources Council
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