An act to authorize appropriations for the Department of Energy for national security programs for fiscal year 1980, and for other purposes.
PL 96-164 (S.673), enacted 12/29/1979

PUBLIC LAW 96-164—DEC. 29, 1979 
93 STAT. 1259 
Public Law 96-164 
96th Congress 
An Act 
To authorize appropriations for the Department of Energy for national security 
programs for fiscal year 1980, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may be 
cited as the "Department of Energy National Security and Military 
Applications of Nuclear Energy Authorization Act of 1980". 
TITLE I—NATIONAL SECURITY PROGRAMS 
OPERATING EXPENSES 
SEC. 101. Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 1980 for operating expenses 
incurred in carrying out national security programs (including scien-
tific research and development in support of the armed services, 
strategic and critical materials necessary for the common defense, 
and military applications of nuclear energy) as follows: 
(1) For the defense inertial confinement fusion program, a total 
of $125,090,000, allocated as follows: 
(A) For glass laser experiments, $44,200,000. 
(B) For gas laser experiments, $29,300,000. 
(C) For 
electron 
and 
particle 
beam 
experiments, 
$12,200,000. 
(D) For supporting research and experiments, $38,300,000. 
(E) For personnel, $1,090,000. 
(2) For the naval reactor development program, a total of 
$241,367,000, allocated as follows: 
(A) For the 
naval 
reactor 
development 
program, 
$232,600,000. 
(B) For personnel, $8,767,000. 
(3) For weapons activities, a total of $1,455,241,000, allocated as 
follows: 
(A) For research and development, $421,143,000. 
(B) For weapons testing, $236,000,000. 
(C) For production and surveillance, $761,000,000. 
(D) For personnel, $37,098,000. 
(4) For verification and control technology (including person-
nel), $36,800,000. 
(5) For materials production, to be administered by the Assist-
ant Secretary for Defense Programs, a total of $357,748,000, 
allocated as follows: 
(A) For production reactor expenses, $180,300,000. 
(B) For the processing of nuclear materials, $82,400,000. 
(C) For supporting services, $67,714,000, of which 
$15,000,000 shall be used for the fiscal year 1980 increment 
of startup costs for the Purex chemical processing plant at 
Richland, Washington. 
(D) For fluorinel processing of nonproduction fuels and 
related activities, $21,390,000. 
Dec. 29, 1979 
[S. 673] 
Department of 
Energy National 
Security and 
Military 
Applications of 
Nuclear Energy 
Authorization 
Act of 1980. 
93 STAT. 1260 
PUBLIC LAW 96-164—DEC. 29, 1979 
(E) For advanced isotope separation research, $5,000,000. 
(F) For personnel, $944,000. 
(6) For defense waste management (including $1,691,000 for 
personnel), $215,991,000. 
(7) For the nuclear materials security and safeguards technol-
ogy development program (defense program), including 
$3,560,000 for personnel, $43,227,000. 
PLANT AND CAPITAL EQUIPMENT 
SEC, 102. Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 1980 for plant and capital 
equipment (including planning, construction, acquisition, and modifi-
cation of facilities, land acquisition related thereto, and acquisition 
and fabrication of capital equipment not related to construction) 
necessary for nationcil security programs, as follows: 
(1) For inertial confinement fusion: 
Project 80-PE&D-1, plant engineering and design, 
$3,500,000. 
(2) For naval reactors development: 
Project 80-AE-l, fluids and corrosion test facilities up-
grading, various locations, $17,900,000. 
Project 80-GPP-l, general plant projects, $3,300,000. 
(3) For weapons activities: 
Project 80-AE-4, addition to computer facility, Sandia 
Laboratories, Livermore, California, $2,800,000. 
Project 80-AE-5, ground launched cruise missile (GLCM) 
warhead production facilities, various locations, $4,000,000. 
Project 80-AE-6, utilities and equipment restoration, 
replacement and upgrade, various locations, $39,400,000. 
Project 80-AE-8, advanced size reduction facility. Rocky 
Flats Plant, Golden, Colorado, $10,000,000. 
Project 80-AE-9, new polymer production facility, Bendix 
Plant, Kansas City, Missouri, $1,400,000. 
Project 80-AE-lO, additional loading facilities. Savannah 
River Plant, Aiken, South Carolina, $3,500,000. 
Project 80-AE-ll, Pershing II warhead production facili-
ties, various locations, $5,000,000. 
Project 80-GPP-l, general plant projects, $25,400,000. 
Project 80-PE&D-1, plant engineering and design, 
$3,600,000. 
Project 71-9, fire, safety, and adequacy of operating condi-
tions projects, various locations, an additional sum of 
$7,000,000, for a total project authorization of $287,000,000. 
Project 77-11-c, 8" Artillery Fired Atomic Projectile 
(AFAP) production facilities, various locations, an additional 
sum of $4,600,000, for a total project authorization of 
$27,200,000. 
Project 78-16-d, weapons safeguards, various locations, an 
additional sum of $2,000,000, for a total project authorization 
of $28,000,000. 
Project 78-16-g, radioactive liquid waste improvement, 
Los Alamos Scientific Laboratory, New Mexico, an addi-
tional sum of $6,200,000, for a total project authorization of 
$12,500,000. 
Project 78-18-d, Steam plant improvements, Y-12 plant. 
Oak Ridge, Tennessee, an additional sum of $15,500,000, for 
a toteil project authorization of $25,500,000. 
PUBLIC LAW 96-164—DEC. 29, 1979 
93 STAT. 1261 
Project 79-7-b, fire protection improvements, Los Alamos 
Scientific Laboratory, New Mexico, an additional sum of 
$2,500,000, for a total project authorization of $4,500,000. 
Project 79-7-c, proton storage ring, Los Alamos Scientific 
Laboratory, New Mexico, an additional sum of $14,000,000, 
for a total project authorization of $19,000,000. 
Project 79-7-1, system research and development labora-
tory, Sandia Laboratories, Albuquerque, New Mexico, an 
additional sum of $12,000,000, for a total project authoriza-
tion of $13,000,000. 
Project 79-7-n, utility system restoration, Y-12 plant. Oak 
Ridge, Tennessee, an additional sum of $15,800,000, for a 
total project authorization of $18,000,000. 
Project 79-7-0, universal pilot plant, Pantex Plant, Ama-
rillo, Texas, an additional sum of $3,900,000, for a total 
project authorization of $7,400,000. 
(4) For materials production: 
Project 80-AE-2, replace obsolete processing facilities, HB 
Line, Savannah River, South Carolina, $19,000,000. 
Project 80-AE-3, steam generation facilities, Idaho 
Chemical Processing Plant, Idaho, $23,500,000. 
Project 80-GPP-l, general plant projects, $15,000,000. 
Project 80-PE&D-1, plant engineering and 
design, 
$3,400,000. 
Project 77-13-a, fluorinel dissolution process and fuel 
receiving improvements, Idaho Chemical Processing Plant, 
Idaho National Engineering Laboratory, Idaho, an addi-
tional sum of $50,400,000, for a total project authorization of 
$115,400,000. 
Project 78-18-e, environmental, safety and security 
improvements to waste management and materials process-
ing facilities, Richland, Washington, an additional sum of 
$11,500,000, for a total project authorization of $40,000,000. 
Project 79-7-i, transmission and distribution systems 
upgrading, Richland, Washington, an additional sum of 
$7,000,000, for a total project authorization of $14,000,000. 
(5) For defense waste management: 
Project 80-GPP-l, general plant projects, $8,880,000. 
Project SO-PE&D-l, plant 
engineering and design, 
$8,000,000, of which $3,000,000 shall be available only for 
plant engineering and design at the Savannah River Plant, 
Aiken, South Carolina. 
Project 77-13-f, Waste Isolation Pilot Plant, Delaware 
Basin, southeast New Mexico (A-E, land lease acquisition 
and 
long-lead 
procurement), 
an 
additional 
sum 
of 
$22,000,000, for a total project authorization of $90,000,000. 
Project 75-1-c, new Waste Calcining Facility, Idaho Falls, 
Idaho, an additional sum of $25,000,000, for a total project 
authorization of $90,000,000. 
(6) For capital equipment not related to construction— 
(A) for inertial confinement fusion, $10,100,000; 
(B) for naval reactors development, $ 15,800,000; 
(C) for weapons activities, $104,164,000; 
(D) for verification and control technology, $1,060,000; 
(E) for materials production, $35,000,000; 
(F) for defense waste management, $12,000,000; and 
(G) for nuclear materials security and safeguards, 
$3,400,000. 
93 STAT. 1262 
PUBLIC LAW 96-164—DEC. 29, 1979 
TITLE II—GENERAL PROVISIONS 
REPROG RAMMING 
SEC. 201. (a) Except as otherwise provided in this Act— 
(1) no amount appropriated pursuant to this Act may be used 
for any program in excess of 105 percent of the amount author-
ized for that program by this Act or $10,000,000 more than the 
amount authorized for that program by this Act, whichever is the 
lesser, and 
(2) no amount appropriated pursuant to this Act may be used 
for any program which has not been presented to, or requested of, 
the Congress, 
unless a period of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three days to a day certain) has passed after receipt by the 
appropriate committees of Congress of notice from the Secretary of 
Energy (hereinafter in this title referred to as the "Secretary") 
containing a full and complete statement of the action proposed to be 
taken and the facts and circumstances relied upon in support of such 
proposed action, or unless each such committee before the expiration 
of such period has transmitted to the Secretary written notice to the 
effect that such committee has no objection to the proposed action, 
(b) In no event may the total amount of funds obligated pursuant to 
this Act exceed the total amount authorized to be appropriated by 
this Act. 
UMITS ON GENERAL PLANT PROJECTS 
SEC. 202. (a) The Secretary is authorized to carry out any construc-
tion project under the general plant projects provisions authorized by 
this Act if the total estimated cost of such construction project does 
not exceed $1,000,000. 
(b) If at any time during the construction of any general plant 
project authorized by this Act, the estimated cost of such project is 
revised due to unforeseen cost variations and the revised cost of such 
project exceeds $1,000,000, the Secretary shall immediately furnish a 
complete report to the appropriate committees of Congress explain-
ing the reasons for the cost variation. 
(c) In no event may the total amount of funds obligated to carry out 
all general plant projects authorized by this Act exceed the total 
amount authorized to be appropriated for such projects by this Act. 
LIMITS ON CONSTRUCTION PROJECTS 
SEC. 203. (a) Whenever the current estimated cost of any construc-
tion project which is authorized by section 102 of this Act, or which is 
in support of the national security programs of the Department of 
Energy and was authorized by any previous Act, exceeds by more 
than 25 percent (1) the amount authorized for such project, or (2) the 
amount of the total estimated cost for such project as shown in the 
most recent budget justification data submitted to Congress, such 
project may not be started or additional obligations incurred in 
connection with such project, as the case may be, unless a period of 30 
days (not including any day in which either House of Congress is not 
in session because of adjournment of more than three days to a day 
certain) has passed after receipt by the appropriate committees of 
Congress of written notice from the Secretary containing a full and 
complete statement of the action proposed to be taken and the facts 
and circumstances relied upon in support of such action, or unless 
PUBLIC LAW 96-164—DEC. 29, 1979 
93 STAT. 1263 
each such committee before the expiration of such period has notified 
the Secretary that such committee has no objection to the proposed 
action. 
(b) Subsection (a) shall not apply to any construction project which 
has a current estimated cost of less than $5,000,000. 
FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE 
DEPARTMENT OF ENERGY 
SEC. 204. Subject to the provisions of appropriation Acts, amounts 
appropriated pursuant to this Act for management and support 
activities and for general plant projects are available for use, when 
necessary, in connection with all national security programs of the 
Department of Energy. 
FUND TRANSFER AUTHORITY 
SEC. 205. To the extent specified in appropriation Acts, funds 
appropriated pursuant to this Act may be transferred to other 
agencies of the Government for the performance of the work for 
which such funds were appropriated, and funds so transferred may be 
merged with the appropriations of the agency to which such funds are 
transferred. 
AUTHORITY FOR CONSTRUCTION DESIGN 
SEC. 206. (a) (1) Within the amounts authorized by this Act for plant 
engineering and design, the Secretary may carry out advance plan-
ning and construction designs (including architectural and engineer-
ing services) in connection with any proposed construction project if 
the total estimated cost for such planning and design does not exceed 
$2,000,000. 
(2) In any case in which the total estimated cost for such planning 
and design exceeds $300,000, the Secretary shall notify the appropri-
ate committees of Congress in writing of the details of such project at 
least 30 days before any funds are obligated for design services for 
such project. 
(b) In any case in which the total estimated cost for advance 
planning and construction design in connection with any construc-
tion project exceeds $2,000,000, funds for such design must be specifi-
cally authorized by law. 
(c) This section shall apply only with respect to design for construc-
tion projects begun after October 1,1980. 
AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN 
SEC. 207. In addition to the advance planning and construction 
design authorized by section 102, the Secretary may perform such 
planning and design utilizing available funds for any Department of 
Energy defense activity construction project whenever the Secretary 
determines that such design must proceed expeditiously in order to 
meet the needs of national defense or to protect property or human 
life. 
ADJUSTMENTS FOR PAY INCREASES 
SEC. 208. Appropriations authorized by this Act for salary, pay, 
retirement or other benefits for Federal employees may be increased 
by such amounts as may be necessary for increases in such benefits 
authorized by law. 
93 STAT. 1264 
PUBLIC LAW 96-164—DEC. 29, 1979 
AVAILABIUTY OP FUNDS 
SEC. 209. When so specified in an appropriation Act, amounts 
appropriated for "Operating expenses" or for "Plant and capital 
equipment" may remain avaHable until expended. 
RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN DEFENSE 
ACTIVITIES AND FACILITIES 
42 use 7272. 
SEC. 210. None of the funds authorized to be appropriated by this or 
any other Act may be used for any purpose related to licensing of any 
defense activity or facility of the Department of Energy by the 
Nuclear Regulatory Commission. 
RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER CLEAN AIR 
ACT 
42 use 7273. 
SEC. 211. None of the funds authorized to be appropriated by this or 
any other Act may be used to pay any pengdty, fine, forfeiture, or 
settlement resulting from a failure to comply with the Clean Air Act 
(42 U.S.C. 7401 et seq.) with respect to any defense activity of the 
Department of Energy if (1) the Secretary finds that compliance is 
physically impossible within the time prescribed for compliance, or 
(2) the President has specifically requested appropriations for compli-
ance and the Congress has failed to appropriate funds for such 
purpose. 
MANAGEMENT OF NATIONAL WEAPONS LABORATORIES 
SEC. 212. (a) It is the sense of 
Congress that— 
(1) the nuclear weapons laboratories (the Los Alamos Scientific 
Laboratory, Los Alamos, New Mexico, the Lawrence Livermore 
Laboratory, Livermore, California, and the Sandia Laboratories, 
Albuquerque, New Mexico, and Livermore, California) are 
unique national assets which must retain their primary defense 
focus and strive to sustain this Nation's world pre-eminence in 
the area of nuclear systems technology; 
(2) the long-standing contractual arrangements between the 
Federal Government and the University of California for the 
administration of the Los Alamos Scientific Laboratory and the 
Lawrence Livermore Laboratory have served the Nation well 
and should continue as long as the national interest is being 
served; and 
(3) the recent efforts by some individuals within the University 
of California system to influence the roles and missions of the 
Lawrence Livermore Laboratory and the Los Alamos Laboratory 
have been disruptive and may prove to be counterproductive to 
the national interest. 
(b) As soon as practicable, but not later than February 1,1980, the 
Secretary shall submit to the Congress a plan for the termination of 
the performance of work of the Department of Energy at the Ernest 
Orlando Lawrence Livermore Laboratory and at the Los Alamos 
Scientific Laboratory under contracts numbered W-7405-ENG-36 
and W-7405-ENG-48 between the United States and the Regents of 
the University of California (a corporation of the State of California). 
Such plan shall include provisions to assure that such a termination 
of work would be conducted in accordance with the terms of such 
contracts. 
PUBLIC LAW 96-164—DEC. 29, 1979 
93 STAT. 1265 
(c) The Secretary shall study the types of contracts that would best 
provide for the continued performance of the work performed under 
the contracts referred to in subsection (b). The Secretary shall include 
in any contract proposed to replace such contracts terms to assure 
that— 
(1) the paramount objectives and missions of such laboratories 
continue to be in the field of national security; 
(2) the transition from management of such laboratories by the 
University of California to management by any new contractor 
would be orderly, involve a minimum of uncertainty, and provide 
employee rights and benefits (including rights and benefits with 
respect to pensions and retirement) reasonably comparable to 
those currently provided employees of the laboratories by the 
Regents of the University of California; and 
(3) any new contractor may retain as many of the current 
management officials and employees of the laboratories as may 
be consistent with maintaining and fostering excellence in carry-
ing out the functions assigned to the laboratories. 
(d)(1) The Los Alamos Scientific Laboratory at Los Alamos, New 
Mexico, shall after the date of the enactment of this Act be known 
and designated as the "Los Alamos National Scientific Laboratory". 
s 
Any reference in any law, map, regulation, document, record, or 
other paper of the United States to the Los Alamos Scientific 
Laboratory shall after such date be considered to be a reference to the 
Los Alamos National Scientific Laboratory. 
(2) The Ernest Orlando Lawrence Livermore Laboratory at Liver-
more, California, shall after the date of the enactment of this Act be 
known and designated as the "Ernest Orlando Lawrence Livermore 
National Laboratory". Any reference in any law, map, regulation, 
document, record, or other paper of the United States to the Ernest 
Orlando Lawrence Livermore Laboratory shall after such date be 
considered to be a reference to the Ernest Orlando Lawrence Liver-
more National Laboratory. 
(3) The Sandia Laboratories at Albuquerque, New Mexico, and 
Livermore, California, shall after the date of the enactment of this 
Act be known and designated as the "Sandia National Laboratories". 
Any reference in any law, map, regulation, document, record, or 
other paper of the United States to the Sandia Laboratories shall 
after such date be considered to be a reference to the Sandia National 
Laboratories. 
WASTE ISOLATION PILOT PLANT, DELAWARE BASIN, NEW MEXICO 
SEC. 213. (a) The Secretary of Energy shall proceed with the Waste 
Isolation Pilot Plant construction project authorized to be carried out 
in the Delaware Basin of southeast New Mexico (project 77-13-f) in 
accordance with the authorization for such project as modified by this 
section. Notwithstanding any other provision of law, the Waste 
Isolation Pilot Plant is authorized as a defense activity of the 
Department of Energy, administered by the Assistant Secretary of 
Energy for Defense Programs, for the express purpose of providing a 
research and development facility to demonstrate the safe disposal of 
radioactive wastes resulting from the defense activities and programs 
of the United States exempted from regulation by the Nuclear 
Regulatory Commission. 
(b)(1) In carrying out such project, the Secretary shall consult and Consultation 
cooperate with the appropriate officials of the State of New Mexico, ^"^ cooperation, 
with respect to the public health and safety concerns of such State in 
59-194 O — 81 
82 : QL3 
93 STAT. 1266 
PUBLIC LAW 96-164—DEC. 29, 1979 
Written 
agreement. 
Submittal to 
congressional 
committees. 
regard to such project and shall, consistent with the purposes of 
subsection (a), g^ve consideration to such concerns and cooperate with 
such officials in resolving such concerns. The consultation and 
cooperation required by this paragraph shall be carried out as 
provided in paragraph (2). 
(2) The Secretary shall seek to enter into a written agreement with 
the appropriate officials of the State of New Mexico, as provided by 
the laws of the State of New Mexico, not later than September 30, 
1980, setting forth the procedures under which the consultation and 
cooperation required by paragraph (1) shall be carried out. Such 
procedures shall include as a minimum— 
(A) the right of the State of New Mexico to comment on, and 
make recommendations with regard to, the public health and 
safety aspects of such project before the occurrence of certain key 
events identified in the agreement; 
(B) procedures, including specific time frames, for the Secre-
tary to receive, consider, resolve, and act upon comments and 
recommendations made by the State of New Mexico; and 
(C) procedures for the Secretary and the appropriate officials of 
the State of New Mexico to periodically review, amend, or modify 
the agreement. 
(3) As soon as practicable after the date on which the agreement 
referred to in paragraph (2) is entered into by the Secretary and the 
appropriate officials of the State of New Mexico, but not more than 15 
days after such date, the Secretary shall transmit to the Committees 
on Armed Services of the Senate and the House of Representatives 
copies of such agreement, and a period of 45 days shall elapse while 
Congress is in session before such agreement becomes effective unless 
the Committees on Armed Services of the Senate and the House of 
Representatives, in writing, waive any portion of such 45-day period. 
The Secretary shall promptly notify such committees of any amend-
ment or modification made to such agreement under paragraph 
(2)(C). 
(c) No law enacted after the date of the enactment of this Act shall 
be held, considered, or construed as amending, superseding, or 
otherwise modifying any provision of this section unless such law 
does so by specifically and explicitly amending, repealing, or super-
seding this section. 
Approved December 29, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-162 accompanying H.R. 2603 (Comm. on Armed Services) 
and No. 96-702 (Comm. of Conference.) 
SENATE REPORT No. 96-193 (Comm. on Armed Services and Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
June 18, considered and passed Senate. 
Nov. 9, H.R. 2603 considered and passed House; passage vacated and S. 673, 
amended, passed in lieu. 
Dec. 18, Senate agreed to conference report. 
Dec. 19, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 52: 
Dec. 31, Presidential statement.