An Act to authorize appropriations to the Nuclear Regulatory Commission for fiscal year 1979, and for other purposes.
PL 95-601 (S.2584), enacted 11/06/1978

PUBLIC LAW 95-601—NOV. 6, 1978 
92 STAT. 2947 
Public Law 95-601 
95th Congress 
An Act 
To authorize appropriations to the Nuclear Regulatory Commission for fiscal 
year 1979, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemMed, 
SECTiojf 1. (a) There is hereby authorized to be appropriated to the 
Nuclear Regulatory Commission in accordance with the provisions 
of section 261 of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2017), and section 305 of the Energy Reorganization Act of 
1974, as amended (42 U.S.C, 5875), for the fiscal year 1979, to remain 
available until expended $333,007,000. Of such total amount author-
ized to be appropriated: 
(1) not more than $47,162,000 may be used for "Nuclear Reac-
tor Regulation"; of the total amount appropriated for this pur-
pose, $2,080,000 shall be available for Advanced Reactors; 
(2) not more than $38,760,000 may be used for "Inspection 
and Enforcement" ; 
(3) not more than $14,945,000 may be used for "Standards 
Development"; of the total amount appropriated for this pur-
pose, $650,000 shall be available for Low-Level Radiation activi-
ties, including those described in section 5 of this Act; 
(4) not more than $27,240,000 may be used for "Nuclear Mate-
rial Safety and Safeguards"; of the total amount appropriated 
for this purpose, $8,127,000 shall be available for Nuclear Waste 
Disposal and Management activities; 
(5) not more than $163,470,000 may be used for "Nuclear Regu-
latory Research"; of the total amount appropriated for this pur-
pose, $1,500,000 shall be available for the implementation of the 
Improved Safety Systems Research plan required by section 
205(f) of the Energy Reorganization Act of 1974, as amended, 
$4,448,000 shall be available for Nuclear Waste research activities, 
and $18,333,000 shall be available for Advanced Reactor Research, 
including an authorization of $3,900,000 to accelerate the effort in 
gas-cooled thermal reactor safety research. 
(6) not more than $13,480,000"^may be used for "Program Tech-
nical Support"; 
(7) not more than $27,950,000 may be used for "Program Direc-
tion and Administration"; of the total amount appropriated for 
this purpose, $225,000 shall be available for equal employment 
opportunity activities, including support of four positions in the 
Office of Equal Employment Opportunity. 
(b) (1) Not more than $14,285,000 of the aggregate amount author-
ized to be appropriated under paragraphs (1) through (7) of sub-
section (a) may be used for contracts encompassing research, studies, 
and technical assistance on domestic safeguards matters. 
(2) Of the aggregate amount authorized to be appropriated under 
paragraphs (1) through (7) of subsection (a), $1,000,000 shall be 
available for studies and analysis of alternative fuel cycles (including 
studies and analysis relating to licensing and safety, safeguards, and 
environmental aspects). 
Nov. 6. 1978 
[S. 2584] 
Nuclear 
Regulatory 
Commission. 
Appropriation 
authorization, 
1978. 
42 u s e 5845. 
Safeguard 
research 
contracts, 
limitation. 
92 STAT. 2948 
PUBLIC LAW 95-601—NOV. 6, 1978 
Safeguard 
research 
contracts, 
limitation. 
(c) (1) No amount appropriated pursuant to subsection (a) for 
purposes of subparagraphs (1) through (7) of such subsection, may 
be used for any function of the Commission in excess of the amount 
expressly authorized to be appropriated for functions referred to in 
such paragraphs, if such excess amount is in excess of $500,000, nor 
may the amount available from any appropriation for any function 
referred to in such subparagraphs be reduced by more than $500,000, 
unless 
(i) a period of thirty calendar days (not including any daj^ 
in which either House of Congress is not in session because of an 
adjournment of more than three calendar days to a day certain 
or an adjournment sine die) has passed after the receipt by the 
Committee on Interstate and Foreign Commerce and the Com-
mittee on Interior and Insular Affairs of the House of Repre-
sentatives and the Committee on Environment and Public Works 
of the Senate of notice given by the Commission 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 
(ii) each such committee before the expiration of such period 
has transmitted to the Commission, written notice stating in sub-
stance that such committee has no objection to the proposed 
action. 
(2) Of the amounts authorized to be appropriated for the purposes 
set forth in paragraphs (1) through (7) of subsection (a) of this 
section, the amounts available for Advanced Reactors, Low-Level 
Radiation, Nuclear Waste Disposal and Management, Improved 
Safety Systems Research, and Nuclear Waste Research, or that 
specified m subsection (b) (2) of this section for Alternative Fuel 
Cycle activities shall not be reprogramed, unless— 
(i) a period of ninety calendar days (not including any day in 
which either House of Congress is not in session because of an 
adjournment of more than three calendar days to a day certain or 
an adjournment sine die) has passed after the receipt by the 
Comniittee on Interior and Insular Affairs and the Committee 
on Interstate and Foreign Commerce of the House of Repre-
sentatives and the Committee on Environment and Public Works 
of the Senate of notice given by the Commission containing a full 
and complete statement of the action proposed to be taken and 
the facts and circumstances relied upon in support of such pro-
posed action, or 
(ii) each such committee before the expiration of such period 
has transmitted to the Commission, written notice stating in sub-
stance that such committee has no objection to the proposed 
action. 
(d) No amount authorized to be appropriated by this Act may be 
used by the Commission to enter into any contract, providing funds in 
excess of $20,000 encompassing research, study, or technical assistance 
on domestic safeguards matters except as directed hj the Commission, 
by majority vote, following receipt by the Commission of a recom-
mendation from the Executive Director for Operations supporting the 
need for such contract. 
SEC. 2. Moneys received by the Commission for the cooperative 
nuclear research programs may be retained and used for salaries and 
expenses associated with, those programs, notwithstanding the provi-
PUBLIC LAW 95-601—NOV. 6, 1978 
92 STAT. 2949 
sions of section 3617 of the Eevised Statutes (31 U.S.C. 484), and shall 
remain available until expended. 
SEC. 3. 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 trans-
ferred may be merged with the appropriation to which transferred. 
SEC. 4. (a) Subsection (b) of section 209 of the Energy Eeorganiza-
tion Act of 1974, as amended, is amended by adding at the end thereof 
the following sentence: "Notwithstanding the preceding sentence, each 
such director shall keep the Executive Director fully and currently 
informed concerning the content of all such direct communications 
with the Commission." 
(b) Section 209 of the Energy Reorganization Act of 1974, as 
amended, is amended by adding a new subsection (c) to read as follows 
and redesignating existing subsection (c) accordingly: 
" (c) The Executive Director shall report to the Commission at semi-
annual public meetings on the problems, progress, and status of the 
Commission's equal employment opportunity efforts.". 
SEC. 5. (a) The Commission and the Environmental Protection 
Agency, in consultation with the Secretary of Health, Education, and 
Welfare, are authorized and directed to conduct preliminary planning 
and design studies for epidemiological research on the health effects of 
low-level ionizing radiation. In the conduct of such studies, the Com-
mission and the Environmental Protection Agency shall consult with 
appropriate scientific organizations and Federal and State agencies. 
(b) Within thirty days after the date of enactment of this section, 
the Commission and the Environmental Protection Agency shall sub-
mit to the Congress a memorandum of understanding to delineate their 
responsibilities in the conduct of the planning studies authorized by 
subsection (a) of this section. 
(c) On or before April 1, 1979, the Commission and the Environ-
mental Protection Agency shall submit a report to the Congress con-
taining an assessment of the capabilities and research needs of such 
agencies in the area of health effects of low-level ionizing radiation. 
(d) On or before September 30, 1979, the Commission and the 
Environmental Protection Agency, in consultation with the Secretary 
of Health, Education, and Welfare, shall submit a report to the Con-
gress which includes a study of options for Federal epidemiological 
research on the health effects of low-level ionizing radiation, with 
evaluations of the feasibility of such options. Such report shall be 
consistent with the findings of the assessment required by subsection 
(c) of this section. 
(e) In carrying out the activities specified in subsections (c) and 
(d) such agencies shall : 
(i) cooperate with appropriate scientific organizations and 
agencies involved in related research, and 
(ii) furnish copies of the reports required by those subsections 
to the organizations and agencies referred to in subsection (e) (i). 
SEC. 6. Section 209 of the Energy Reorganization Act of 1974 is 
amended by adding the following new subsection at the end thereof: 
"(d) The Executive Director shall prepare and forward to the Com-, 
mission an annual report (for the fiscal year 1978 and each succeeding 
fiscal year) on the status of the Commission's programs concerning 
domestic safeguards matters including an assessment of the effective-
ness and adequacy of safeguards at facilities and activities licensed 
Funds, transfers. 
42 u s e 5849. 
Equal 
employment 
opportunity, 
report. 
Radiation, health 
effects studies, 
consultation. 
42 u s e 2051 
note. 
Memorandum, 
submittal to 
Congress. 
Reports to 
eongress, 
consultations. 
eooperation. 
Copies. 
Annual status 
report. 
92 STAT. 2950 
PUBLIC LAW 95-601—NOV. 6, 1978 
Report to 
by the Commission. The Commission shall forward to the Congress a 
Congress. 
report under this section prior to February 1,1979, as a separate docu-
ment, and prior to February 1 of each succeeding year as a separate 
chapter of the Commission's annual report (required under section 
42 use 5877. 
307 (c) of the Energy Reorganization Act of 1974) following the fiscal 
year to which such report applies.". 
Review. 
SEC. 7. The Commission is authorized and directed to undertake a 
42 use 5841 
comprehensive review of the existing process for selection and training 
note. 
of members of the Atomic Safety and Licensing Boards, including, 
but not limited to, the selection criteria, including qualifications, the 
selection procedures, and the training programs lor Board memoers. 
Report to 
The Commission shall report to the Congress on the findings of such 
eongress. 
review by January 1,1979, and shall revise such selection and training 
process as appropriate, based on such findings. 
Disclosure rules. 
SEC. 8. (a) Chapter 14 of the Atomic Energy Act of 1954 is amended 
by adding the following new section at the end thereof: 
42 use. 2210a. 
" S E C . 1 7 0 A . CONFLICTS OF INTEREST RELATING TO CONTRACTS AND 
OTHER ARRANGEMENTS.— 
"a. The Commission shall, by rule, require any person proposing to 
enter into a contract, agreement, or other arrangement, whether by 
competitive bid or negotiation, under this Act or any other law admin-
istered by it for the conduct of research, development, evaluation 
activities, or for technical and management support services, to provide 
the Commission, prior to entering into any such contract, agreement, 
or arrangement, with all relevant information, as determined by the 
Commission, bearing on whether that person has a possible conflict 
of interest with respect to— 
" (1) being able to render impartial, technically sound, or objec-
tive assistance or advice in light of other activities or relationships 
with other persons, or 
" (2) being given an unfair competitive advantage. Such person 
shall insure, in accordance with regulations prescribed by the 
Commission, compliance with this section by any subcontractor 
(other than a supply subcontractor) of such person in the case of 
any subcontract for more than $10,000. 
"b. The Commission shall not enter into any such contract agree-
ment or arrangement unless it finds, after evaluating all information 
provided under subsection a. and any other information otherwise 
available to the Commission that— 
"(1) it is unlikely that a conflict of interest would exist, or 
" (2) such conflict has been avoided after appropriate conditions 
have been included in such contract, agreement, or arrangement; 
except that if the Commission determines that such conflict of 
interest exists and that such conflict of interest cannot be avoided 
by including appropriate conditions therein, the Commission may 
enter into such contract, agreement, or arrangement, if the Com-
mission determines that it is in the best interests of the United 
States to do so and includes appropriate conditions in such con-
tract, agreement, or arrangement to mitigate such conflict. 
Publication. 
"c. The Commission shall publish rules for the implementation of 
this section, in accordance with section 553 of title 5, United States 
PUBLIC LAW 95-601—NOV. 6, 1978 
92 STAT. 2951 
Monitoring and 
assistance, 
reports to 
Congress. 
42 use 2153 
note. 
Code (without regard to- subsection (a) (2) thereof) as soon as 
practicable after the date of the enactment of this section, but in no 
event later than 120 days after such date.". 
(b) The table of contents for such chapter 14 is amended by adding 
the following new item at the end thereof: 
"Sec. 170A. Conflicts of interest relating to contracts and other arrangements.". 
SEC. 9. The Commission shall monitor and assist, as requested, the 
International Fuel Cycle Evaluation and the studies and evaluations 
of the various nuclear fuel cycle systems by the Department of Energy 
in progress as of the date of enactment, and report to the Congress 
semiannually through calendar year 1980 and annually through 
calendar year 1982 on the status of domestic and 
international 
evaluations of nuclear fuel cycle systems. This report shall include, 
but not be limited to, a summary of the information developed by and 
available to the Commission on the health, safety and safeguards 
implications of the leading fuel cycle technologies. 
SEC. 10. Title I I of the Energy Reorganization Act of 1974, as 
amended, is amended by adding at the end thereof a new section to 
read as follows: 
"EMPLOYEE PROTECTION 
"SEC. 210. (a) No employer, including a Commission licensee, an 42 USC 5851. 
applicant for a Commission license, or a contractor or a subcontractor 
01 a Commission licensee or applicant, may discharge any employee or 
otherwise discriminate against any employee with respect to his com-
pensation, terms, conditions, or privileges of employment because the 
employee 
(or any person acting pursuant to a request of 
the 
employee)—• 
"(1) commenced, caused to be commenced, or is about to com-
mence or cause to be commenced a proceeding under this Act 
or the Atomic Energy Act of 1954, as amended, or a proceeding 
for the administration or enforcement of any requirement imposed 
under this Act or the Atomic Energy Act of 1954, as amended; 
"(2) testified or is about to testify in any such proceeding or; 
"(3) assisted or participated or is about to assist or participate 
in any manner in such a proceeding or in any other manner in 
such a proceeding or in any other action to carry out the purposes 
of this Act or the Atomic Energy Act of 1954, as amended. 
"(b) (1) Any employee who believes that he has been discharged 
or otherwise discriminated against by any person in violation of sub-
section (a) may, within thirty days after such violation occurs, file 
(or have any person file on his behalf) a complaint with the Secretary 
of Labor (hereinafter in this subsection referred to as the 'Secretary') 
alleging such discharge or discrimination. Upon receipt of such a com-
plaint, the Secretary shall notify the person named in the complaint 
of the filing of the complaint and the Commission. 
"(2) (A) Upon receipt of a complaint filed under paragraph (1), 
the Secretary shall conduct an investigation of the violation alleged 
in the complaint. Within thirty days of the receipt of such complaint, 
the Secretary shall complete such investigation and shall notify in 
writing the complainant (and any person acting in his behalf) and the 
42 USC 2011 
note. 
Complaint, filing 
and notification. 
Investigation and 
notification. 
92 STAT. 2952 
PUBLIC LAW 95-601—NOV. 6, 1978 
Order. 
Notice and 
hearing. 
Settlement. 
Relief. 
Review. 
5 use 701 etseq. 
Jurisdiction. 
person alleged to have committed such violation of the results of the 
investigation conducted pursuant to this subparagraph. Within ninety 
days of the receipt of such complaint the Secretary shall, unless the 
proceeding on the complaint is terminated by the Secretary on the 
basis of a settlement entered into by the Secretary and the person 
alleged to have committed such violation, issue an order either pro-
viding the relief prescribed by subparagraph (B) or denying the com-
plaint. An order of the Secretary shall be made on the record after 
notice and opportunity for public hearing. The Secretary may not 
enter into a settlement terminating a proceeding on a complaint with-
out the participation and consent of the complainant. 
"(B) If, in response to a complaint filed under paragraph (1), the 
Secretary determines that a violation of subsection (a) has occurred, 
the Secretary shall order the person who committed such violation to 
(i) take affirmative action to abate the violation, and (ii) reinstate the 
complainant to his former position together with the compensation 
(including back pay), terms, conditions, and privileges of his employ-
ment, and the Secretary may order such person to provide compensa-
tory damages to the complainant. If an order is issued under this 
paragraph, the Secretary, at the request of the complainant shall assess 
against the person against whom the order is issued a sum equal to the 
aggregate amount of all costs and expenses (including attorneys' and 
expert witness fees) reasonably incurred, as determined by the Secre-
tary, by the complainant for, or in connection with, the bringing of the 
complaint upon which the order was issued. 
"(c)(1) Any person adversely affected or aggrieved by an order 
issued under subsection (b) may obtain review of the order in the 
United States court of appeals for the circuit in which the violation, 
with respect to which the order was issued, allegedly occurred. The 
petition for review must be filed within sixty days from the issuance 
of the Secretary's order. Review shall conform to chapter 7 of title 5 
of the United States Code. The commencement of proceedings under 
this subparagraph shall not, unless ordered by the court, operate as a 
stay of the Secretary's order. 
"(2) An order of the Secretary with respect to which review could 
have been obtained under paragraph (1) shall not be subject to judicial 
review in any criminal or other civil proceeding. 
"(d) Whenever a person has failed to comply with an order issued 
under subsection (b) (2), the Secretary may file a civil action in the 
United States district court for the district m which the violation was 
found to occur to enforce such order. In actions brought under this 
subsection, the district courts shall have jurisdiction to grant all appro-
priate relief including, but not limited to, injunctive relief, compensa-
tory, and exemplary damages. 
"(e)(1) Any person on whose behalf an order was issued under 
paragraph (2) of subsection (b) may commence a civil action against 
the person to whom such order was issued to require compliance with 
such order. The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy or the citizen-
ship of the parties, to enforce such order. 
PUBLIC LAW 95-601—NOV. 6, 1978 
92 STAT. 2953 
"(2) The court, in issuing any final order under this subsection, may 
award costs of litigation (including reasonable attorney and expert 
witness fees) to any party whenever the court determines such award is 
appropriate. 
"(f) Any nondiscretionary duty imposed by this section shall be 
enforceable in a mandamus proceeding brought under section 1361 of 
title 28 of the United States Code. 
"(g) Subsection (a) shall not apply with respect to any employee 
who, acting without direction from his or her employer (or the employ-
er's agent), deliberately causes a violation of any requirement of this 
Act or of the Atomic Energy Act of 1954, as amended. . 
SEC. 11. The Commission shall report to the Congress on January 1, 
1979, and annually thereafter on the use of contractors, consultants, 
and the National Laboratories by the Commission. Such report shall 
include, for each contract issued, in progress or completed during fiscal 
year 1978, information on the bidding procedure, nature of the work, 
amount and duration of the contract, progress of work, relation to pre-
vious contracts, and the relation between the amount of the contract 
and the amount actually spent. 
SEC. 12. (a) The Commission, in cooperation with the Department 
of Energy, is authorized and directed to conduct a study of extending 
the Commission's licensing or regulatory authority to include cate-
gories of existing and future Federal radioactive waste storage and 
disposal activities not presently subject to such authority. 
(b) Each Federal agency, subject to the provisions of existing law, 
shall cooperate with the Commission in the conduct of the study. Such 
cooperation shall include providing access to existing facilities and 
sites and providing any information needed to conduct the study which 
the agency may have or be reasonably able to acquire. 
(c) On or before March 1, 1979, the Commission shall submit a 
report to the Congress containing the results of the study. The report 
shall include a complete listing and inventory of all radioactive waste 
storage and disposal activities now being conducted or planned by 
Federal agencies. 
SEC. 13. Notwithstanding any other provision of this Act, no author-
ity 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. 
SEC. 14. (a) Any pei-son, agency, or other entity proposing to develop 
a storage or disposal facility, including a test disposal lacility, for 
high-level radioactive wastes, non-high-level radioactive wastes includ-
ing transuranium contaminated wastes, or irradiated nuclear reactor 
fuel, shall notify the Commission as early as possible after the com-
mencement of planning for a particular proposed facility. The Com-
mission shall in turn notify the Governor and the State legislature 
of the State of proposed situs whenever the Commission has knowledge 
of such proposal. 
(b) The Commission is authorized and directed to prepare a report 
on means for improving the opportunities for State participation in 
the process for siting, licensing, and developing nuclear waste storage 
Litigative costs. 
42 u s e 2011 
note. 
Report to 
Congress. 
42 u s e 2205a. 
Authority 
extension, study. 
42 u s e 5842 
note. 
eooperation. 
Report to 
Congress. 
Waste storage or 
disposal facility 
planning, 
notification. 
42 u s e 2021a. 
State 
participation, 
report. 
39-194 O—80—pt. 3 
21 : QL3 
92 STAT. 2954 
PUBLIC LAW 95-601—NOV. 6, 1978 
Submittal with 
legislative 
recommendations 
to Congress. 
or disposal facilities. Such report shall include detailed consideration 
of a program to provide grants through the Commission to any State, 
and the advisability of such a program, for the purpose of conducting 
an independent State review of any proposal to develop a nuclear 
waste storage or disposal facility identified in subsection (a) within 
such State. On or before March 1,1979, the Commission shall submit 
the report to the Congress including recommendations for improving 
the opportunities for State participation together with any necessary 
legislative proposals. 
Approved November 6, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1089, pt. I and jpt. II, accompanying H.R. 12355, (Comm. on 
Interior and Insular Affairs) and (Comm. on Interstate and Foreign 
Commerce) and No. 95-1796 (Comm. of Conference). 
SENATE REPORT No. 95-848 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 18, considered and passed Senate. 
Oct. 3, 4, H.R. 12355 considered and passed House; passage vacated and 
S. 2584, amended, passed in lieu. 
Oct. 14, House agreed to conference report. 
Oct. 15, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: 
Nov. 8, Presidential statement.