An Act to authorize appropriations for Nuclear Regulatory Commission for the fiscal years 1978, and for other purposes.
PL 95-209 (S.1131), enacted 12/13/1977

PUBLIC LAW 95-209—DEC. 13, 1977 
91 STAT. 1481 
Public Law 95-209 
95th Congress 
An Act 
To authorize appropriations for Nuclear Regulatory Commission for the fiscal 
year 1978, and for other purposes. 
Be it enacted hy the Senate and House of Representatives af the 
United States of America in Congress assembled^ 
AUTHORIZATION 
SECTION 1. (a) There is authorized to be appropriated to the Nuclear 
Regulatory Commission (hereafter in this act referred to as the "Com-
mission") to carry out its functions and authorities under the Atomic 
Energy Act of 1954 (42 U.S.C. 2017) and the Energy Reorganiza-
tion Act of 1974 (42 U.S.C. 5875) for the fiscal year 1978 to remain 
available until expended $297,740,000 to be allocated as follows : 
(1) For "Nuclear Reactor Regulation", not more than 
$41,480,000; 
(2) For "Standards Development", not more than $12,130,000; 
(3) For "Inspection and Enforcement", not more than 
$33,050,000; 
(4) For "Nuclear Materials Safety and Safeguards", not more 
than $22,090,000; 
(5) For "Nuclear Regulatory Research", $148,900,000; 
(6) For "Program Technical Support", $10,180,000; of which 
an amount not to exceed $600,000 is authorized for a fellowship 
program pursuant to section 5 of this Act. 
(7) For "Program Direction and Administration", not more 
than $29,910,000. 
(b) Of the total amount authorized under section 1(a), the Com-
missioners may, by majority vote, reallocate among program activi-
ties specified in subsection (a) or pursuant to the authority granted 
in subsection (d) an amount not exceeding $10,000,000 except that the 
amount transjerred from any of the major program activities speci-
fied in subsection (a) shall not exceed 15 per centum of the amount so 
specified. Prior to any reallocation of an amount in accordance with 
the provisions of this subsection, where such amount is in excess of 
$500,000, the Commission shall inform the appropriate congressional 
committees. Such reallocation may be made notwithstanding the limi-
tations of subsection (a). 
(c) No amount authorized to be appropriated for contracts for 
research, studies, and technical assistance on domestic safeguard mat-
ters under subsection (a) including any amount reallocated under sub-
section (b) may be used for such contracts and no amount authorized 
to be appropriated under this subsection may be used by the Office of 
Nuclear Regulatory Research for such contracts until a statement sup-
porting the neied for such research, study, or technical assistance has 
been prepared and published by the Commission. 
(d) No amount authorized to be appropriated for contracts for 
regulatory research related to advanced reactor safety under this Act 
may be used for such contracts except as directed by the Commission, 
following consideration by the Commission of any recommendation 
that may be made by the ACRS regarding the proposed research. 
Dec. 13, 1977 
[S. 1131] 
Nuclear 
Regulatory 
Commission. 
Appropriation 
authorization, 
1978. 
Reallocation. 
Safeguard 
research contract 
statement, 
publication. 
91 STAT. 1482 
PUBLIC LAW 95-209—DEC. 13, 1977 
(e) In the event that the license application is withdrawn or funding 
for the continuation of the Clinch River Breeder Reactor project is 
not authorized or appropriated, the total authorization in subsection 
(a) shall be reduced by $2,700,000. 
(f) In the event that further construction of the facility at Barn-
well, South Carolina, for the purpose of providing plutonium to be 
used as fuel is canceled or deferred, the total authorization in subsec-
tion (a) shall be reduced by $2,100,000. 
COMMISSION PERSONNEL 
Quarterly report 
SEC. 2. Section 201 of title II of the Energy Reorganization Act of 
to Congress. 
1974 jg amended by adding the following new subsection at the end 
42 use 5841. 
thereof: 
. . 
"(h) The Commission shall prepare and submit to the Congress a 
quarterly report which documents, for grades GS-11 or above: 
"(1) the number of minority and women candidates hired, by 
grade level ; 
"(2) the number of minority and women employees promoted, 
by grade level; 
"(3) the procedures followed by the Commission in preparing 
job descriptions, informing potential applicants, and selecting 
from candidates the persons to be employed in positions at grade 
GS-11 or above; and 
" (4) other steps taken to meet provisions of the Equal Employ-
42 use 2000e. 
ment Act. 
The first such quarterly report shall be submitted to the Congress not 
later than January 31,1978, and subsequent reports shall be submitted 
prior to the end of one calendar month after the end of each calendar 
quarter thereafter.". 
^ 
UNRESOLVED SAFETY ISSUES 
SEC. 3. Title II of the Energy Reorganization Act of 1974, is 
amended by adding the following new section at the end thereof: 
42 use 5850. 
Submittal to 
Congress. 
Progress reports. 
"UNRESOLVED SAFETY ISSUES PLAN 
"SEC. 210. The Commission shall develop a plan providing for the 
specification and analysis of unresolved safety issues relating to 
nuclear reactors and shall take such action as may be necessary to 
implement corrective measures with respect to such issues. Such plan 
shall be submitted to the Congress on or before January 1, 1978 and 
progress reports shall be included in the annual report of the Com-
mission thereafter.". 
Long-term plan 
development. 
42 use 5845. 
IMPROVED SAFETY SYSTEMS RESEARCH 
SEC. 4. (a) Section 205 of the Energy Reorganization Act of 1974 
is amended by adding the following new subsection at the end thereof: 
"(f) The Commission shall develop a long-term plan for projects 
for the development of new or improved safety systems for nuclear 
powerplants.". 
PUBLIC LAW 95-209—DEC. 13, 1977 
91 STAT. 1483 
REACTOR SAFETY RESEARCH STUDY 
SEC. 5. Section 29 of the Atomic Energy Act of 1954 is amended by 
adding the following at the end thereof: "In addition to its other duties 
under this section, the committee, making use of all available sources, 
shall undertake a study of reactor safety research and prepare and 
submit annually to the Congress a report containing the results of such 
study. The first such report shall be submitted to the Congress not later 
than December 31,1977. 
Annual report to 
Congress. 
42 use 2039. 
ACRS FELLOWSHIP PROGRAM 
SEC. 6. To assist the Advisory Committee on Reactor Safeguards in 
carrying out its function, the committee shall establish a fellowship 
program under which persons having appropriate engineering or sci-
entific expertise are assigned particular tasks relating to the functions 
of the committee. Such fellowship shall be for 2-year periods and the 
recipients of such fellowships shall be selected pursuant to such cri-
teria as may be established by the committee. 
Establishment. 
42 u s e 2040. 
ORGANIZATIONAL CONFLICTS OF INTEREST 
SEC. 7. The Commission shall by December 31, 1977, promulgate 
guidelines to be applied by the Commission in determining whether an 
organization proposing to enter into a contractual arrangement with 
the Commission has a conflict of interest which might impair the con-
tractor's judgment or otherwise give the contractor an unfair 
competitive advantage. 
Guidelines. 
42 u s e 2201 
note. 
COOPERATIVE RESEARCH FUNDING 
SEC. 8. Moneys received by the Commission for the cooperative 
nuclear safety research programs may be retained and used for salaries 
and expenses associated with those programs, notwithstanding the 
provisions of section 3617 of the Eevised Statutes (31 U.S.C. 484), 
and shall remain available until expended. Funds may be obligated 
for purposes stated in this section only to the extent provided in 
appropriation Acts. 
TRANSFER OF FUNDS 
SEC. 9. Transfers of sums from salaries and expenses may be made 
to other agencies of the Government for the performance of the work 
for which the appropriation is made, and in such cases the sums so 
transferred may be merged with the appropriations to which 
transferred. 
Salaries and 
expenses. 
91 STAT. 14S4 
PUBLIC LAW 95-209—DEC. 13, 1977 
/ ; 
APPROPRIATIONS 
SEC. 10. Notwithstanding any other provision of this Act, no 
authority to make payments under this Act shall be effective except to 
such extent or in such amounts as are provided in advance in 
appropriation Acts. 
Approved December 13, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS No. 95-289 accompanying H.R. 3455 (Comm. on Interior and 
Insular Affairs) and No. 95-788 (Comm. of Conference). 
SENATE REPORT No. 95-196 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
May 25, considered and passed Senate. 
Sept. 12, considered and passed House, amended, in lieu of H.R. 3455. 
Nov. 3, House agreed to conference report. 
Nov. 29, Senate agreed to conference report.