An Act to authorize appropriations for the Energy Research and Development Administration for national security programs for fiscal year 1977 and 1978, and for other purposes.
PL 95-183 (S.1339), enacted 11/15/1977

PUBLIC LAW 95-183—NOV. 15, 1977 
91 STAT. 1375 
Public Law 95-183 
95th Congress 
An Act 
To authorize appropriations for the Energy Research and Development Adminis-
tration for national security programs for fiscal years 1977 and 1978, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Amefica 
in Congress assefribled, That this Act may 
be cited as the "Energy Research and Development Administration 
Authorization Act of 1977 and 1978^—Military Applications". 
TITLE I—NATIONAL S E C U R I T Y P R O G R A M S — F I S C A L 
Y E A R 1977 
Nov. 15, 1977 
[S. 1339] 
Energy Research 
and Development 
Administration 
Authorization 
Act of 1977 and 
1978—Military 
Applications. 
AUTHORIZATION OF FUNDS 
SEC. 101. Funds heretofore appropriated by Public Law 94-355 (90 
Stat. 889) for the national security programs of the Energy Research 
and Development Administration for operating expenses and for plant 
and capital equipment, including construction, acquisition, or modifi-
cation of facilities (including land acquisition), and for acquisition 
and fabrication of capital equipment not related to construction, are 
hereby authorized to be appropriated. 
T I T L E II—NATIONAL S E C U R I T Y P R O G R A M S — F I S C A L 
Y E A R 1978 
OPERATING EXPENSES 
SEC. 201. Funds are hereby authorized to be appropriated to the 
Energy Research and Development Administration for fiscal year 1978 
for operating expenses, incurred in carrying out national security 
programs, as follows: 
(1) For weapons activities, $1,181,000,000. 
(2) For special materials production, $416,400,000. 
(3) For laser fusion, $116,200,000. 
(4) For naval reactor development, $211,700,000. 
(5) For program management and support, $40,800,000. 
PLANT AND CAPITAL 
EQUIPMENT 
SEC. 202. Funds are hereby authorized to be appropriated to the 
Energy Research and Development Administration for fiscal year 
1978 for plant and capital equipment, including planning, construc-
tion, acquisition, or modification of facilities (including land acqui-
sition) , and for acquisition and fabrication of capital equipment not 
related to construction, necessary for national security programs, as 
follows: 
(1) For laser fusion: 
Project 78^r-a, high energy laser facility (NOVA), Lawrence 
Livermore Laboratory, California, $8,000,000. 
(2) For weapons activities: 
29-194 
0 - 8 0 
91 STAT. 1376 
PUBLIC LAW 95-183—NOV. 15, 1977 
Project 78-16-a, cruise missile production facilities, various 
locations, $18,100,000. 
Project 78-16-b, full fuzing option (FUFO) bomb production 
facilities, various locations, $43,000,000. 
Project 78-16-c, high explosive flash radiography facility, 
Lawrence Livermore Laboratory, California, $5,000,000. 
Project 
78-16-d, weapons safeguards, 
various locations, 
$17,000,000. 
Project 78-16-e, new weapons production installations, various 
locations, $2,000,000. 
Project 78-16-f, replace 10-inch water main, Bendix Plant, 
Kansas City, Missouri, $2,000,000. 
Project 78-16-g, radioactive liquid waste improvement, Los 
Alamos Scientific Laboratory, New Mexico (A-E only), $600,000. 
Project 78-16-h, Tonopah Test Range upgrade, Sandia Labora-
tories, Albuquerque, New Mexico, $4,000,000. 
Project 78-16-i, laboratory support complex, Los Alamos Scien-
tific Laboratory, New Mexico (A-E only), $2,000,000. 
Project 78-17-a, production component warehouse, Pantex 
Plant, Amarillo, Texas (A-E only), $250,000, 
Project 78-17-b, surface water control system. Rocky Flats 
Plant, Colorado, $2,800,000. 
Project 78-17-c, core facilities office building, utilities and 
roads, Lawrence Livermore Laboratory, California (A-E only), 
$1,300,000. 
Project 78-17-d, steam plant improvements, Y-12 Plant, Oak 
Ridge, Tennessee (A-E and long lead procurement only), 
$3,000,000. 
Project 78-17-e, high explosive machining facility, Pantex 
Plant, Amarillo, Texas, $5,000,000. 
(3) For special materials production: 
Project 78-18-a, high level waste storage and waste management 
facilities, Richland, Washington, $18,000,000. 
Project 78-18-b, high level waste storage facilities. Savannah 
River, South Carolina, $42,000,000. 
Project 78-18-c, fifth set of calcined solids storage bins, Idaho 
Chemical Processing Plant, Idaho National Engineering Labora-
tory, Idaho, $12,500,000. 
Project 78-18-d, new hydrofracture facility. Oak Ridge 
National Laboratory, Oak Ridge, Tennessee, $5,400,000. 
Project 78-18-e, environmental, safety and security improve-
ments to waste management and materials processing facilities, 
Richland, Washington, $15,500,000. 
Project 78-18-f, powerhouse emission control improvements, 
Richland, Washington, $6,500,000. 
Project 78-18-g, fanhouse and increased fan capacity, H 
chemical separations area. Savannah River, South Carolina, 
$3,400,000. 
Project 78-18-h, plantwide fire protection. Savannah River, 
South Carolina, $6,300,000. 
Project 78-18-i, improved emergency coolant supply in reactor 
areas. Savannah River, South Carolina, $3,500,000. 
Project 78-18-j, N-reactor environmental improvements, Rich-
land, Washington, $7,500,000. 
PUBLIC LAW 95-183—NOV. 15, 1977 
91 STAT. 1377 
(4) For project 78-21, General Plant Projects— 
(A) for weapons activities, $24,000,000, 
(B) for special materials production, $12,000,000, and 
(C) for naval reactor development, $2,800,000. 
(5) For project 78-22, construction planning and design, 
$5,000,000. 
(6) For capital equipment not related to construction— 
(A) for weapons activities, $79,000,000, 
(B) for special materials production, $36,700,000, 
(C) for laser fusion, $13,200,000, 
(D) for naval reactor development, $15,150,000, and 
(E) for program management and support, $300,000. 
ADDITIONAL 
AUTHORIZATIONS 
FOR 
PREVIOUSLY 
AUTHORIZED 
PROJECTS 
SEC. 203. Funds are hereby authorized to be appropriated to the 
Energy Research and Development Administration for fiscal year 
1978, for projects previously authorized, as follows: 
(1) For project 71-9, fire, safety, and adequacy of operating 
conditions projects, various locations, $40,000,000, for a total 
authorization of $280,000,000. 
(2) For project 75-1-c, new waste calcining facility, Idaho 
Chemical Processing Plant, National Reactor Testing Station, 
Idaho, $28,500,000, for a total authorization of $65,000,000. 
(3) For project 75-3-b, high energy laser facility, Los Alamos 
Scientific Laboratory, New Mexico, $31,900,000, for a total author-
ization of $54,500,000. 
(4) For project 77-3-a, electron beam fusion facilities, Sandia 
Laboratories, Albuquerque, New Mexico, $4,400,000, for a total 
authorization of $13,500,000. 
(5) For project 77-11-a, safeguards and research and develop-
ment laboratory facility, Sandia Laboratories, Albuquerque, New 
Mexico, $4,300,000, for a total authorization of $8,300,000. 
(6) For project 77-11-b, safeguards and site security improve-
ments, various locations, $7,800,000, for a total authorization of 
$13,500,000. 
(7) For project 77-11-c, 8-inch artillery fired atomic projectile 
production facilities, various locations, $12,600,000, for a total 
authorization of $22,600,000. 
(8) For project 77-13-a, fluorinel dissolution process and fuel 
receiving improvements, Idaho Chemical Processing Plant, Idaho 
National Engineering Laboratory, Idaho (A-E and long-lead 
procurement), $5,000,000, for a total authorization of $15,000,000. 
(9) For project 77-13-d, high level waste storage and waste 
management 
facilities. 
Savannah 
River, 
South 
Carolina, 
$31,000,000, for a total authorization of $56,000,000. 
(10) For project 77-13-e, high level waste storage and handling 
facilities, Richland, Washington, $22,000,000, for a total authori-
zation of $40,000,000. 
(11) For project 77-13-f, waste isolation pilot plant (A-E, land 
acquisition, and long-lead procurement), Delaware Basin, south-
east New Mexico, $22,000,000, for a total authorization of 
$28,000,000. 
(12) For project 77-13-g, safeguards and security upgrading 
production facilities, multiple sites, $8,700,000, for a total authori-
zation of $16,400,000. 
91 STAT. 1378 
PUBLIC LAW 95-183—NOV. 15, 1977 
TITLE III—GENERAL PROVISIONS 
Notice to 
congressional 
committees. 
REPROGRAMMING 
SEC. 301. Except as otherwise provided in this Act— 
(1) no amount appropriated pursuant to this Act may be used 
for any program in excess of the amoimt actually authorized for 
that particular program by this Act, 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 thirty calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three calendar days to a day certain) has passed after the 
receipt by the Committee on Armed Services and on Appropriations of 
the House of Representatives and the Senate of notice given by the 
Administrator of Energy Research and Development (hereinafter in 
this title referred to as the "Administrator") 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 Administrator written notice to the effect that such 
committee has no objection to the proposed action. 
Notice to 
congressional 
committees. 
^ ^ 
PROJECT COST VARIATION PROVISIONS 
SEC. 302. (a) No project for which appropriations are authorized in 
section 202 (1), (2), or (3) may be started if the current estimated cost 
of such project exceeds by more than 25 percent the amount authorized 
for such project. 
(b) At any time the Current estimated cost of any such project under 
construction exceeds by more than 25 percent the total amount author-
ized by law for such project, the Administrator shall (1) promptly 
notify the appropriate committees of the Congress of such fact and 
include in the notification an explanation for the increased cost of the 
project and the revised current estimated cost figures for such project, 
and (2) not proceed with such project unless and until additional 
funds for such project are authorized by law. 
(c) The provisions of this section shall not apply to any project 
which has a current estimated cost of less than $5,000,000. 
LIMITS ON GENERAL PLANT PROJECTS 
SEC. 303. The Administrator is authorized to start any project set 
forth under section 202(4) only if— 
(1) the then maximum currently estimated cost of such project 
does not exceed $750,000 and the then maximum currently esti-
mated cost of any building included in such project does not exceed 
$300,000, except that the building cost limitation may be exceeded 
if the Administrator determines that it is necessary to do so in 
the interest of efficiency and economy; and 
(2) the total cost of all projects undertaken under such section 
does not exceed the estimated cost set forth in such section by 
more than 25 percent. 
PUBLIC LAW 95-183—NOV. 15, 1977 
91 STAT. 1379 
AUTHORITY TO MERGE FUNDS 
SEC. 304. Subject to the applicable requirements and limitations of 
this Act and to the extent specified in appropriation Acts, amounts 
appropriated to the Energy Research and Development Adminis-
tration pursuant to this Act for opei-ating expenses or for plant and 
capital equipment may be merged with any other amounts appropri-
ated for operating expenses or for plant and capital equipment, respec-
tively, pursuant to any other Act authorizing appropriations for the 
Energy Research and Development Administration. 
FUNDS TO REMAIN AVAILABLE UNTIL EXPENDED 
SEC. 305. To the extent specified in appropriation Acts, amounts 
appropriated pursuant to this Act for operating expenses or plant and 
capital equipment may remain available until expended. 
AVAILABILITY OF FUNDS 
SEC 306. Subject to the provisions of section 301 (2), amounts appro-
priated pursuant to this Act for activities under sections 202(4) and 
202(5) are available for use, when necessary, in connection with all 
national security programs of the Energy Research and Development 
Administration. 
AUTHORIZATION 'W PERFORM CONSTRUCTION DESIGN SERVICES 
SEC. 307. The Administrator is authorized to perform construction 
design services for any construction project of the Energy Research 
and Development Administration in support of national security pro-
grams in amounts not in excess of the amount specified in section 
202(5). 
AUTHORITY TO USE CERTAIN MONEYS AND FEES 
SEC. 308. To the extent specified in appropriation Acts, any moneys 
received by the Energy Research and Development Administration 
(except sums received from disposal of property under the Atomic 
Energy Community Act of 1955 (42 U.S.C. 2301) and the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98) and fees 
received for tests or investigations under the Act of May 16, 1910 (30 
U.S.C. 7)), may be retained and used for operating expenses, notwith-
standing the provisions of section 3617 of the Revised Statutes (31 
U.S.C. 484), and may remain available until expended. 
AUTHORITY TO TRANSFER FUNDS TO OTHER AGENCIES 
SEC. 309. To the extent specified in appropriation Acts, funds appro-
priated to the Energy Research and Development Administration for 
operating expenses may be transferred to other agencies of the Govern-
ment for the performance of work for which such funds were 
appropriated, and funds so transferred may be merged with the appro-
priations of the agency to which transferred. 
91 STAT. 1380 
PUBLIC LAW 95-183—NOV. 15, 1977 
REFERENCES 
SEC. 310. All references in this Act to the Energy Research and 
Development Administration and the Administrator of Energy 
Research and Development shall be deemed to be references to the 
Department of Energy and the Secretary of Energy, respectively. 
Approved November 15, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-272, pt. 1 (Comm. on Armed Services) and No. 95-272, pt. 
2 (Comm. on Science and Technology) both accompanying H.R 
6566 and No. 95-775 (Comm. of Conference). 
SENATE REPORT No. 95-212 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, VoL 123 (1977): 
May. 23, considered and passed Senate. 
Sept. 13, 28, H.R. 6566 considered in House. 
Sept. 29, considered and passed House, amended, in lieu of H.R. 6566. 
Nov. 2, House agreed to conference report. 
Nov. 3, Senate agreed to conference report.