A bill to authorize appropriations to the Nuclear Regulatory Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and Section 305 of the Energy Reorganization Act of 1974, as amended, and for other purposes.
PL 96-295 (S.562), enacted 06/30/1980

94 STAT. 780 
PUBLIC LAW 96-295—JUNE 30, 1980 
Public Law 96-295 
96th Congress 
An Act 
June 30, 1980 
To authorize appropriations to the Nuclear Regulatory Commission in accordance 
[S. 562] 
with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of 
the Energy Reorganization Act of 1974, as amended, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Nuclear 
United States of 
America in Congress assembled, 
Regulatory 
Commission. 
Appropriation 
authorization. 
FISCAL YEAR 1980 
TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR 
SEC. 101. (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 (42 U.S.C. 2017) and 
section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), 
for the fisc£Ll year 1980, the sum of $426,821,000, to remain available 
until expended. Of such total amount authorized to be appropriated: 
(1) not more than $66,510,000, may be used for "Nuclear 
Reactor Regulation", of which an amount not to exceed 
$1,000,000 is authorized to accelerate the effort in gas-cooled 
thermal reactor preapplication review; 
(2) not more than $42,440,000, may be used for "Inspection and 
Enforcement"; of the total amount appropriated for this purpose, 
$4,684,000 shall be available for support for 146 additional 
inspectors for the Resident Inspector program; 
(3) not more than $15,953,000, may be used for "Standards 
Development"; 
(4) not more than $32,380,000, may be used for "Nuclear 
Material Safety and Safeguards"; of the total amount appropri-
ated for thispurpose— 
(A) not less than $60,000 shall be available only for the 
employment by the (Commission of two qualified individuals 
to be assigned by the (Commission for implementation of the 
United States International Atomic Energy Agency Safe-
guards Treaty, following ratification of such treaty by the 
United States Senate; 
(B) not less than $180,000 and six additional positions shall 
be included in the Division of Safeguards for the regulatory 
improvement of material control and accounting safeguards 
£md the development of improved regulatory requirements 
for safeguarding the transportation of spent fuel; and 
(C) not less than $9,675,000 shall be available for 
Nuclear Waste Disposal and Management activities, includ-
ing support for five additional positions in the Division of 
Waste Management for implementation of the Uranium 
Mill Tailings Radiation Control Act of 1978 (Public Law 
95-604; 42 U.S.C. 7901 and following); 
(5) not more than $213,005,000, may be used for "Nuclear 
Regulatory Research", of which— 
PUBLIC LAW 96-295—JUNE 30, 1980 
94 STAT. 781 
(A) an amount not to exceed $3,700,000 shall be available 
to accelerate the effort in gas-cooled thermal reactor safety 
research; 
(B) an amount not to exceed $4,400,000 shall be available 
for implementation of the Improved Safety Systems 
Research plan required by section 205(f) of the Energy 
Reorganization Act of 1974, as amended; and 
42 use 5845. 
(C) an amount not to exceed $6,700,000 shall be available 
for Nuclear Waste Research activities; 
(6) not more than $18,125,000, may be used for "Program 
Technical Support"; of the total amount appropriated for this 
purpose, $4,238,000 shall be available to the Office of State 
Programs, including support for eight additional positions for 
training and assistance to State and local governments in 
radiological emergency response planning and operations and 
for review of 
State plans; and 
(7) not more than $38,408,000 may be used for "Program 
Direction and Administration"; of the total amount appropriated 
for this purpose, $400,000 shall be available for support of eight 
additional positions in the Division of Contracts, Office of Admin-
istration. 
(b) No amount appropriated to the Nuclear Regulatory Commission 
pursuant to subsection (a) may be used for any purpose in excess of 
the amount expressly authorized to be appropriated therefore by 
paragraphs (1) through (7) of such subsection if such excess amount is 
greater than $500,000, nor may the amount available from any 
appropriation for any purpose specified in such paragraphs be 
reduced by more than $500,000, unless— 
(1) a period of 45 calendar days (not including any day in which 
either House of Congress is not in session because of an adjourn-
ment of more than 3 calendar days to a day certain or an 
adjournment sine die) has passed after the receipt by the Com-
mittee on Interstate and Foreign Commerce and the Committee 
on Interior and Insular Affairs of the House of Representatives 
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 
(2) each such Committee has, before the expiration of such 
period, transmitted to the Commission a written notification that 
there is no objection to the proposed action. 
(c) No amount authorized to be appropriated by this Act may be 
used by the Nuclear Regulatory Commission to enter into any 
contract providing funds in excess of $50,000 encompassing research, 
study, or technical assistance on domestic safeguards matters except 
as directed by the Commission, by majority vote, following receipt by 
the Commission of a recommendation from the Executive Director for 
Operations supporting the need for such contract. 
(d) No amount authorized to be appropriated by this Act may be 
used by the Nuclear Regulatory Commission to— 
(1) place any new work or substantial modification to existing 
work with another Federal agency, or 
(2) contract for research services or modify such contract 
in an amount greater than $500,000, unless such placement of work, 
contract or modification is approved by a Senior Contract Review 
Board, to be appointed by the Commission within sixty days of the 
94 STAT. 782 
PUBLIC LAW 96-295—JUNE 30, 1980 
Transfers of 
sums. 
42 use 2133, 
2134. 
Regulations. 
date of enactment of this Act. Such Board shall be accountable to and 
under the direction of the Comm^sion. If the amount of such 
placement, contract, or modification is $1,000,000 or more, approval 
thereof shall be by majority vote of the C!ommission. Prior to 
a^ording any approval in accordance with the subsection, the review-
ing body designated hereunder shall determine that the placement, 
contract, or modification contains a detedled description of work to be 
performed, and that alternative methods of obtaining performance 
including competitive procurement have been considered. 
SEC. 102. During the fiscal year 1980, moneys received by the 
Nuclear Regulatory Commission for the cooperative nuclear research 
programs may be retained and used for salaries and expenses 
associated with those programs, notwithstanding the provisions of 
section 3617 of the Revised Statutes (31 U.S.C. 484). Such moneys 
shall remain available until expended. 
SEC. 103. During the fiscal year 1980, transfers of sums from 
salaries and expenses of the Nuclear Regulatory Commission may be 
made to other agencies of the United States 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 appropri-
ation to which transferred. 
SEC. 104. Notwithstanding any other provision of this Act, no 
authority to make payments hereunder shall be effective except to 
such extent or in such amounts as are provided in advance in 
appropriation Acts. 
SEC. 105. No amount authorized to be appropriated pursuant to this 
Act may be used to grant any license, permit or other authorization, 
or permission to any person for the transportation to, or the interim, 
long-term, or permament storage of, spent nuclear fuel or high-level 
radioactive waste on any territory or insular possession of the United 
States or the Trust Territory of the Pacific Islands unless— 
(1) the President submits to the Congress a report on the 
transfer at least 30 days before such transfer and on a day during 
which— 
(A) both Houses of 
the Congress are in session, or 
(B) either or both Houses are not in session because of an 
adjournment of three days or less to a day certain; or 
(2) the President determines that an emergency situation 
exists with respect to such transfer and that it is in the national 
interest to make such transfer and the President notifies the 
SpoEiker of the House of Representatives and the President of the 
Senate as soon as possible of such transfer. 
The provisions of this section shall not apply to the cleanup and 
rehabilitation of Bikini and Eniwetok Atolls. 
SEC. 106. Of the amounts authorized to be appropriated pursuant to 
this Act, the Nuclear Regulatory Commission is authorized and 
directed to use such sums as may be necessary to develop a plan for 
agency response to accidents at a utilization facility licensed under 
section 103 or section 10403) of the Atomic Energy Act of 1954. The 
plan required to be developed by this section shall be forwarded to the 
Congress on or before September 30,1980. 
SEC. 107. No funds appropriated pursuant to this Act may be used 
for the purpose of providing for the licensing or approval of any 
disposal of nuclear wastes in the oceans. 
SEC. 108. (a) Of the amounts authorized to be appropriated pursu-
ant to this Act, the Nuclear Regulatory Commission is authorized and 
directed to use such sums as may be necessary to develop and 
PUBLIC LAW 96-295—JUNE 30, 1980 
94 STAT. 783 
promulgate regulations establishing demographic requirements for 
the siting of utilization facilities. Such regulations shall be promul-
gated by the Commission after notice and opportunity for hearing in 
accordance with section 553 of title 5 of the United States Code. For 
purposes of this section, the term "utilization facility" means a 
facility licensed under section 103 or 104(b) of the Atomic Energy Act 
of 1954. 
03) The regulations promulgated pursuant to this section shall 
provide that no construction permit may be issued for a utilization 
facility to which this section applies after the date of such promulga-
tion unless the facility complies with the requirements set forth in 
such regulations, except that regulations promulgated under this 
section shall not apply to any facility for which an application for a 
construction permit was 
filed 
on or before October 1,1979. 
(c) The regulations promulgated pursuant to this section shall 
specify demographic criteria for facility siting, including maximum 
population density and population distribution for zones surrounding 
the facility without regard to any design, engineering, or other 
differences among such facilities. 
(d) The regulations promulgated pursuant to this section shall take 
into account the feasibility of all actions outside the facility which 
may be necessary to protect public health and safety in the event of 
any accidental release of radioactive material from the facility which 
may endanger public health or safety. For purposes of this subsection, 
the term "accidental release" includes, but is not limited to, each 
potential accidental release of radioactive material which is required 
by the Commission to be taken into account for purposes of facility 
design. 
(e) The Commission shall provide information and recommenda-
tions to State and local land use planning authorities having jurisdic-
tion over the zones established under the regulations promulgated 
pursuant to this section and over areas beyond the zones which may 
be affected by a radiological emergency. The information and recom-
mendations provided under this subsection shall be designed to assist 
such authorities in making State and local land use decisions which 
may affect emergency planning in relation to utilization facilities. 
(f) Nothing in this section shall be construed to provide that the 
Commission shall have any authority to preempt any State require-
ment relating to land use or respecting the siting of any utilization 
facility, except that no State or local land use or facility siting 
requirement relating to the same aspect of facility siting as a 
requirement established pursuant to this section shall have any force 
and effect unless such State or local requirement is identical to, or 
more stringent than, the requirement promulgated pursuant to this 
section. 
SEC. 109. (a) Funds authorized to be appropriated pursuant to this 
Act may be used by the Nuclear Regulatory Commission to conduct 
proceedings, and take other actions, with respect to the issuance of an 
operating license for a utilization facility only if the Commission 
determines that— 
(1) there exists a State or local emergency preparedness plan 
which— 
(A) provides for responding to accidents at the facility 
concerned, and 
(B) as it applies to the facility concerned only, complies 
with the Commission's guidelines for such plans, or 
Notice and 
hearing. 
"Utilization 
facility." 
42 u s e 2133, 
2134. 
"Accidental 
release." 
Information and 
recommendations. 
79-194 
O—81—pt. 1 
53 : QL3 
94 STAT. 784 
PUBLIC LAW 96-295—JUNE 30, 1980 
"Utilization 
facility." 
42 u s e 2133, 
2134. 
Rules. 
Review of plans. 
Report to 
congressional 
committees. 
(2) in the absence of a plan which satisfies the requirements of 
paragraph (1), there exists a State, local, or utility plan which 
provides reasonable assurance that public health and safety is 
not endangered by operation of 
the facility concerned. 
A determination by the Commission under paragraph (1) may be 
made only in consultation with the Director of the Federal Emer-
gency Management Agency. If, in any proceeding for the issuance of 
an operating license for a utilization facility to which this subsection 
applies, the Commission determines that there exists a reasonable 
assurance that public health and safety is endangered by operation of 
the facility, the Commission shall identify the risk to public health 
and safety and provide the applicant with a detailed statement of the 
reasons for such determination. For purposes of this section, the term 
"utilization facility" means a facility required to be licensed under 
section 103 or 104(b) of the Atomic Energy Act of 1954. 
OJ) Of the amounts authorized to be appropriated under section 
101(a), such sums as may be necessary shall be used by the Nuclear 
Regulatory Commission to— 
(1) establish by rule— 
(A) standards for State radiological emergency response 
plans, developed in consultation with the Director of the 
Federal Emergency Management Agency, and other appro-
priate agencies, which provide for the response to a radiolog-
ical emergency involving any utilization facility, 
(B) a requirement that— 
(i) the Commission will issue operating licenses for 
utilization facilities only if the Commission determines 
that— 
(I) there exists a State or local radiological emer-
gency response plan which provides for responding 
to any radiological emergency at the facility con-
cerned and which complies with the Commission's 
standards for such plans under subparagraph (A), 
or 
(II) in the absence of a plan which satisfies the 
requirements of subclause (I), there exists a State, 
local, or utility plan which provides reasonable 
assurance that public health and safety is not 
endangered by operation of the facility concerned, 
and 
(ii) any determination by the Commission under sub-
clause (I) may be made only in consultation with the 
Director of the Federal Emergency Management 
Agency and other appropriate agencies, and 
(C) a mechanism to encourage and assist States to comply 
as expeditiously as practicable with the standards promul-
gated under subparagraph (A) of this paragraph, 
(2) review all plans and other preparations respecting such an 
emergency which have been made by each State in which there is 
located a utilization facility or in which construction of such a 
facility has been commenced and by each State which may be 
affected (as determined by the Commission) by any such 
emergency, 
(3) assess the adequacy of the plans and other preparations 
reviewed under paragraph (2) and the ability of the States 
involved to carry out emergency evacuations during an emer-
gency referred to in paragraph (1) and submit a report of such 
PUBLIC LAW 96-295—JUNE 30, 1980 
94 STAT. 785 
assessment to the appropriate committees of the Congress withm 
6 months of 
the date of 
the enactment of 
this Act, 
(4) identify which, if any, of the States described in paragraph 
(2) do not have adequate plans and preparations for such an 
emergency and notify the Governor and other appropriate 
authorities in each such State of 
the respects in which such plans 
and preparations, if any, do not conform to the guidelines 
promulgated under paragraph (1), and 
(5) submit a report to Congress containing (A) the results of its 
actions under the preceding paragraphs and (B) its recommenda-
tions respecting any additional Federal statutory authority 
which the Commission deems necessary to provide that adequate 
plans and preparations for such radiological emergencies are in 
effect for each State described in paragraph (2). 
(c) In carr5dng out its review and assessment under subsection (b) 
(2) and (3) and in submitting its report under subsection (a)(5), the 
Commission shall include a review and assessment, with respect to 
each utilization facility and each site for which a construction permit 
has been issued for such a facility, of the emergency response 
capability of State and local authorities and of the owner or operator 
(or proposed owner or operator) of such facility. Such review and 
assessment shall include a determination by the Commission of the 
maximum zone in the vicinity of each such facility for which 
evacuation of individuals is feasible at various different times corre-
sponding to the representative warning times for various different 
t5T)es of accidents. 
SEC. 110. (a) Of the amounts authorized to be appropriated pursu-
ant to section 101(a), such sums as may be necessary shall be used by 
the Nuclear Regulatory Commission to develop, submit to the Con-
gress, and implement, as soon as practicable after notice and opportu-
nity for public comment, a comprehensive plan for the systematic 
safety evaluation of all currently operating utilization facilities 
required to be licensed under section 103 or section 104(b) of the 
Atomic Energy Act of 1954. 
42 use 2133, 
(b) The plan referred to in subsection (a) shall include— 
^
^
^
'
*
" 
(1) the identification of each current rule and regulation 
compliance with which the Commission specifically determines 
to be of particular significance to the protection of the public 
health and safety; 
(2) a determination by the Commission of the extent to which 
each operating facility complies with each rule and regulation 
identified under paragraph (1) of this subsection, including an 
indication of where such compliance was achieved by use of 
Division 1 regulatory guides and staff technical positions and 
where compliance was achieved by equivalent means; 
(3) a list of the generic safety issues set forth in NUREG 0410 
(including categories A, B, C, and D) for which technical solutions 
have been developed; 
(4) a determination by the Commission of which technical 
solutions for generic safety issues identified in paragraph (3) of 
this subsection should be incorporated into the Commission's 
rules and regulations; and 
(5) a schedule for developing a technical solution to those 
generic safety issues listed in NUREG 0410 which have not yet 
been technically resolved. 
94 STAT. 786 
PUBLIC LAW 96-295—JUNE 30, 1980 
(c) Not later than 90 days from the date of enactment of this Act, 
the Commission shall report to the Congress on the status of efforts 
to carry out subsection (a). 
TITLE II—AMENDMENTS TO THE ATOMIC ENERGY ACT OF 
1954 
42 use 2133. 
SEC. 201. (a) Section 103 of the Atomic Energy Act of 1954 is 
amended by adding at the end thereof the following new subsection: 
"f. Each license issued for a utilization facility under this section or 
42 use 2184. 
section 104 b. shall require as a condition thereof that in case of any 
accident which could result in an unplanned release of quantities of 
fission products in excess of allowable limits for normal operation 
established by the Commission, the licensee shall immediately so 
notify the Commission. Violation of the condition prescribed by this 
subsection may, in the Commission's discretion, constitute grounds 
42 use 2237. 
for license revocation. In accordance with section 187 of this Act, the 
Commission shall promptly amend each license for a utilization 
facility issued under this section or section 104 b. which is in effect on 
the date of enactment of this subsection to include the provisions 
required under this subsection.". 
SEC. 202. (a) Chapter 18 of the Atomic Energy Act of 1954 is 
amended by adding the following new section at the end thereof: 
42 use 2283. 
"SEC. 235. PROTECTION OF NUCLEAR INSPECTORS.— 
"a. Whoever kills any person who performs any inspections 
which— 
"(1) are related to any activity or facility licensed by the 
Commission, and 
"(2) are carried out to satisfy requirements under this Act or 
under any other Federal law governing the safety of utilization 
42 use 2133, 
facilities required to be licensed under section 103 or 104 b., or 
^^^^- 
the safety of radioactive materials, 
shall be punished as provided under sections 1111 and 1112 of title 18, 
United States Code. The preceding sentence shall be applicable only 
if such person is killed while engaged in the performance of such 
inspection duties or on account of the performance of such duties, 
"b. Whoever forcibly assaults, resists, opposes, impedes, intimi-
dates, or interferes with any person who performs inspections as 
described under subsection a. of this section, while such person is 
engaged in such inspection duties or on account of the performance of 
such duties, shall be punished as provided under section 111 of title 
18, United States Code.". 
(b) The table of contents for chapter 18 of the Atomic Energy Act of 
1954 is amended by adding the following new item at the end thereof: 
"Sec. 235. Protection of nuclear inspectors.". 
42 use 2273. 
SEC. 203. Section 223 of the Atomic Energy Act of 1954 is amended 
by striking out "Whoever" and substituting: 
"a. Whoever" 
and by adding at the end thereof the following: 
"b. Any individual director, officer, or employee of a firm construct-
ing, or supplying the components of any utilization facility required 
to be licensed under section 103 or 104 b. of this Act who by act or 
omission, in connection with such construction or supply, knowingly 
and willfully violates or causes to be violated, any section of this Act, 
any rule, regulation, or order issued thereunder, or any license 
condition, which violation results, or if undetected could have 
resulted, in a significant impairment of a basic component of such a 
PUBLIC LAW 96-295—JUNE 30, 1980 
94 STAT. 787 
facility shall, upon conviction, be subject to a fine of not more than 
$25,000 for each day of violation, or to imprisonment not to exceed 
two years, or both. If the conviction is for a violation committed after 
a first conviction under this subsection, punishment shall be a fine of 
not more than $50,000 per day of violation, or imprisonment for not 
more than two years, or both. For the purposes of this subsection, the "Basic 
term 'basic component' means a facility structure, system, compo- <=o™Ponent. 
nent or part thereof necessary to assure— 
"(1) the integrity of the reactor coolant pressure boundary, 
"(2) the capability to shut-down the facility and maintain it in 
a safe shut-down condition, or 
"(3) the capability to prevent or mitigate the consequences of 
accidents which could result in an unplanned offsite release of 
quantities of fission products in excess of the limits established 
by the Commission. 
The provisions of this subsection shall be prominently posted at each 
site where a utilization facility required to be licensed under section 
103 or 104 b. of this Act is under construction and on the premises of 42 use 2133, 
each plant where components for such a facility are fabricated.". 
^^^^ 
SEC. 204. (a) The Atomic Energy Act of 1954 is amended by adding 
the following new section after section 234: 
"SEC. 236. SABOTAGE OF NUCLEAR FACIUTIES OR FUEL.—Any person 42 use 2284. 
who intentionally and willfully destroys or causes physical damage 
to, or who intentionally and willfully attempts to destroy or cause 
physical damage to— 
"(1) any production facility or utilization facility licensed 
under this Act, 
"(2) any nuclear waste storage facility licensed under this Act, 
"(3) any nuclear fuel for such a utilization facility, or any spent 
nuclear fuel from such a facility, 
shall be fined not more than $10,000 or imprisoned for not more than 
ten years, or both.". 
(b) The table of contents for such Act is amended by inserting the 
following new item after the item relating to section 234: 
"Sec. 236. Sabotage of nuclear facilities or fuel.". 
SEC. 205. Section 274 j . of the Atomic Energy Act of 1954 is amended 42 use 2021. 
by inserting "(1)" after " j . " and by adding the following at the end 
thereof: 
"(2) The Commission, upon its own motion or upon request of the 
Governor of any State, may, after notifying the Governor, temporar-
ily suspend all or part of its agreement with the State without notice 
or hearing if, in the judgment of the Commission: 
"(A) an emergency situation exists with respect to any mate-
rial covered by such an agreement creating danger which re-
quires immediate action to protect the health or safety of persons 
either within or outside the State, and 
"(B) the State has failed to take steps necessary to contain or 
eliminate the cause of the danger within a reasonable time after 
the situation arose. 
A temporary suspension under this paragraph shall remain in effect 
only for such time as the emergency situation exists and shall 
authorize the Commission to exercise its authority only to the extent 
necessary to contain or eliminate the danger.". 
SEC. 206. The first sentence of section 234 a. of the Atomic Energy 
Act of 1954 is amended by striking all that follows "exceed" the first 42 use 2282. 
time it appears and inserting in lieu thereof the following: "$100,000 
for each such violation.". 
94 STAT. 788 
PUBLIC LAW 96-295—JUNE 30, 1980 
SEC. 207. (a)(1) The Atomic Energy Act of 1954 is amended by 
inserting the following new section immediately after section 146: 
42 use 2167. 
"SEC. 147. SAFEGUARDS INFORMATION.— 
Regulations. 
"a. In addition to any other authority or requirement regarding 
protection from disclosure of information, and subject to subsection 
(bX3) of section 552 of title 5 of the United States Code, the Commis-
sion shall prescribe such regulations, after notice and opportunity for 
public comment, or issue such orders, as necessary to prohibit the 
unauthorized disclosure of safeguards information which specifically 
identifies a licensee's or applicant's detailed— 
"(1) control and accounting procedures or security measures 
(including security plans, procedures, and equipment) for the 
physical protection of special nuclear material, by whomever 
possessed, whether in transit or at fixed sites, in quantities 
determined by the Commission to be significant to the public 
health and safety or the common defense and security; 
"(2) security measures (including security plans, procedures, 
and equipment) for the physical protection of source material or 
bj^roduct material, by whomever possessed, whether in transit 
or at fixed sites, in quantities determined by the Commission to 
be significant to the public health and safety or the common 
defense and security; or 
"(3) security measures (including security plans, procedures, 
and equipment) for the physical protection of and the location of 
certain plant equipment vital to the safety of production or 
utilization facilities involving nuclear materials covered by para-
graphs (1) and (2) 
if the unauthorized disclosure of such information could reasonably 
be expected to have a significant adverse effect on the health and 
safety of the public or the common defense and security by signifi-
cantly increasing the likelihood of theft, diversion, or sabotage of 
such material or such facility. The Commission shall exercise the 
authority of this subsection— 
"(A) so as to apply the minimum restrictions needed to protect 
the health and safety of the public or the common defense and 
security, and 
"(B) upon a determination that the unauthorized disclosure of 
such information could reasonably be expected to have a signifi-
cant adverse effect on the health and safety of the public or the 
common defense and security by significantly increasing the 
likelihood of theft, diversion, or sabotage of such material or such 
facility. 
Nothing in this Act shall authorize the Commission to prohibit the 
public disclosure of information pertaining to the routes and quanti-
ties of shipments of source material, by-product material, high level 
nuclear waste, or irradiated nuclear reactor fuel. Any person, 
whether or not a licensee of the Commission, who violates any 
regulation adopted under this section sheill be subject to the civil 
42 use 2282. 
monetary penalties of section 234 of this Act. Nothing in this section 
shall be construed to authorize the withholding of information from 
the duly authorized committees of 
the Congress. 
42 use 2273. 
"b. For the purposes of section 223 of this Act, any regulations or 
orders prescribed or issued by the Commission under this section 
shall also be deemed to be prescribed or issued under section 161 b. of 
this Act. 
PUBLIC LAW 96-295—JUNE 30, 1980 
94 STAT. 789 
"c. Any determination by the Commission concerning the applica-
bility of this section shall be subject to judicial review pursuant to 
subsection (aX4XB) of section 552 of title 5 of the United States Code, 
"d. Upon prescribing or issuing any regulation or order under 
subsection a. of this section, the Commission shall submit to Congress 
a report that: 
"(1) specifically identifies the type of information the Commis-
sion intends to protect from disclosure under the regulation or 
order; 
"(2) specifically states the Commission's justification for deter-
mining that unauthorized disclosure of the information to be 
protected from disclosure under the regulation or order could 
reasonably be expected to have a significant adverse effect on the 
health and safety of the public or the common defense and 
security by significantly increasing the likelihood of theft, diver-
sion, or sabotage of such material or such facility, as specified 
under subsection (a) of this section; and 
"(3) provides justification, including proposed alternative regu-
lations or orders, that the regulation or order applies only the 
minimum restrictions needed to protect the health and safety of 
the public or the common defense and security, 
"e. In addition to the reports required under subsection d. of this 
section, the Commission shall submit to Congress on a quarterly basis 
a report detailing the Commission's application during that period of 
every regulation or order prescribed or issued under this section. 
In particular, the report shall: 
"(1) identify any information protected from disclosure pursu-
ant to such regulation or order; 
"(2) specifically state the Commission's justification for deter-
mining that unauthorized disclosure of the information pro-
tected from disclosure under such regulation or order could 
reasonably be expected to have a significant adverse effect on the 
health and safety of the public or the common defense and 
security by significantly increasing the likelihood of theft, diver-
sion or sabotage of such material or such facility, as specified 
under subsection a. of this section; and 
"(3) provide justification that the Commission has applied such 
regulation or order so as to protect from disclosure only the 
minimum amount of information necessary to protect the health 
and safety of the public or the common defense and security.". 
(2) The table of contents for such Act is amended by inserting the 
following new item after the item relating to section 146: 
"Sec. 147. Safeguards information.". 
(b) Section 181 of the Atomic Energy Act of 1954 is amended— 42 use 2231. 
(1) by striking out "or defense information" the first time it 
appears and substituting ", defense information, or safeguards 
information protected from disclosure under the authority of 
section 147"; and 
Ante, p. 788. 
(2) by striking out "or defense information" in each other place 
it appears in such section and substituting ", defense informa-
tion, or such safeguards information,". 
TITLE III—OTHER PROVISIONS 
SEC. 301. (a) The Nuclear Regulatory Commission, within 90 days of Regulations. 
enactment of this Act, shall promulgate regulations providing for 42 use 5841 
timely notification to the Governor of any State prior to the transport 
"°^-
94 STAT. 790 
PUBLIC LAW 96-295—JUNE 30, 1980 
"State." 
Contract 
authorization. 
Report. 
42 u s e 2016 
note. 
42 u s e 2016. 
National 
Contingency 
Plan, 
publication. 
42 u s e 2133, 
2134. 
42 u s e 5842 
note. 
Study, 
transmittal to 
Congress. 
Investigation 
and study. 
of nuclear waste, including spent nuclear fuel, to, through, or across 
the boundaries of such State. Such notification requirement shall not 
apply to nuclear waste in such quantities and of such types as the 
Commission specifically determines do not pose a potentially signifi-
cant hazard to the health and safety of the public. 
(b) As used in this section, the term "State" includes the several 
States of the Union, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust 
Territory of the Pacific Islands, and the Commonwealth of the 
Northern Mariana Islands. 
SEC. 302. The Nuclear Regulatory Commission is authorized and 
directed to enter into a contract for an independent review of the 
Commission's management structure, processes, procedures, and 
operations. The review shall include an assessment of the effective-
ness of all levels of agency management in carrying out the Commis-
sion's statutory responsibilities, in developing and implementing 
policies and programs, and in using the personnel and funding 
available to it. The contract shall provide for submission of a report of 
the findings and recommendations of the review to the Commission 
not later than one year from the date of enactment of this Act, and 
the Commission shall promptly transmit such report to the Congress. 
SEC. 303. The Nuclear Regulatory Commission shall include in its 
annual report to Congress under section 251 of the Atomic Energy 
Act of 1954 a statement of— 
(1) the direct and indirect costs to the Commission for the 
issuance of any license or permit and for the inspection of any 
facility; and 
(2) the fees paid to the Commission for the issuance of any 
license or permit and for the inspection of any facility. 
SEC. 304. On or before September 30, 1980, the President shall 
prepare and publish a National Contingency Plan to provide for 
expeditious, efficient, and coordinated action by appropriate Federal 
agencies to protect the public heedth and safety in the case of 
accidents at any utilization facility licensed under section 103 or 104 
b. of the Atomic Energy Act of 1954. 
SEC. 305. (a) As expeditiously as practicable, the Nuclear Regula-
tory Commission shall establish a mechanism for instantaneous and 
uninterrupted verbal communication between each utilization facili-
ty licensed to operate under section 103 or section 104 b. of the Atomic 
Energy Act of 1954 on the date of enactment of this Act, or thereafter, 
and 
(1) Commission headquarters, and 
(2) the appropriate Commission regional office. 
Ot)) Within ninety days after the date of the enactment of this Act, 
the Commission shall prepare and transmit to the Congress a study of 
alternate plans for instantaneous and otherwise timely transmission 
to the Commission of data indicating the status of principal system 
parameters at utilization facilities licensed to operate under section 
103 or section 104 b. of the Atomic Energy Act of 1954. For each 
alternative, the study shall present procedures for transmitting and 
analyzing such data and a Commission statement regarding the 
advantages, disadvantages and desirability. 
SEC. 306. (a) The Nuclear Regulatory Commission is authorized and 
directed to undertake a comprehensive investigation and study of the 
impediments to expeditious and reliable communication among Com-
mission headquarters, the Commission regional office. Commission 
representatives at the facility site, senior management officials and 
PUBLIC LAW 96-295—JUNE 30, 1980 
94 STAT. 791 
operator personnel of the licensee, and the Governor of Pennsylvania 
and other State officials, in the thirty day period immediately 
following the accident of March 28, 1979, at unit two of the Three 
Mile Island Nuclear Station in Pennsylvania. Such investigation and 
study shall include, but not be limited to, a determination of the need 
for improved communications procedures and the need for advanced 
communications technology. 
(b) The Commission shall report to the Congress by September 30, 
1980, on the findings of the investigation and study required by 
subsection (a), including recommendations on administrative or legis-
lative measures necessary to facilitate expeditious and reliable com-
munications in case of an accident which could result in an un-
planned release of quantities of fission products in excess of the 
allowable limits for normal operation established by the Commission 
at a utilization facility licensed under section 103 or 104 b. of the 
Atomic Energy Act of 1954. The Commission shall implement, as soon 
as practicable, each such recommendation not requiring legislative 
enactment, and shall incorporate the recommendation in the plan for 
agency response promulgated pursuant to section 304 of this Act. 
SEC. 307. (a) The Commission is authorized and directed to prepare 
a plan for improving the technical capability of licensee personnel to 
safely operate utilization facilities licensed under section 103 or 104 b. 
of the Atomic Energy Act of 1954. In proposing such plan, the 
Commission shall consider the feasibility of requiring standard 
mandatory training programs for nuclear facility operators, including 
classroom study, apprenticeships at the facility, and emergency 
simulator training. Such plan shall include specific criteria for more 
intensive training and retraining of operator personnel licensed 
under section 107 of the Atomic Energy Act of 1954, and for the 
licensing of such personnel, to assure— 
(1) conformity with all conditions and requirements of the 
operating license; 
(2) early identification of accidents, events, or event sequences 
which may significantly increase the likelihood of an accident; 
and 
(3) effective response to any such event or sequence. 
Such plan shall include provision for Commission review and 
approval of the qualifications of personnel conducting any required 
training and retraining program. The plan shall also include re-
quirements for the renewal of operator licenses including, to the 
extent practicable, requirements that the operator— 
(A) has been actively and extensively engaged in the duties 
listed in such license, 
(B) has discharged such duties safely to the satisfaction of the 
Commission, 
(C) is capable of continuing such duties, and 
(D) has participated in a requalification training program. 
Such plan shall include criteria for suspending or revoking operator 
licenses. In addition, the Commission shall also consider the feasibil-
ity of requiring such licensed operator to pass a requalification test 
every six months including— 
(i) written questions, and 
(ii) emergency simulator exams. 
The Commission shall transmit to the Congress the plan required by 
this subsection within six months after the date of the enactment of 
this Act, and shall implement as expeditiously as practicable each 
element thereof not requiring legislative enactment. 
Report to 
Congress. 
42 use 2133, 
2134. 
Plan, 
development. 
42 use 2137 
note. 
42 use 2137. 
Plan, 
transmittal to 
Congress. 
94 STAT. 792 
PUBLIC LAW 96-295—JUNE 30, 1980 
Study. 
(b) The Nuclear R^ulatory Commission is authorized and directed 
to undertake a study of the feasibility and value of licensing, under 
42 use 2137. 
section 107 of the Atomic Enei^ Act of 1954, plant managers of 
utilization facihties and senior licensee officers responsible for oper-
Report to 
ation of such facilities. The Commission shall report to the Congress 
Congress. 
within six months of the date of enactment of this Act on the findings 
and recommendations of the study required by this subsection, and 
shall expeditiously implement each such recommendation not requir-
ing legislative enactment. 
SEC. 308. (a) In the conduct of the study required by section 5(d) of 
the Nuclear Regulatory Commission Authorization Act for Fiscal 
42 use 2051 
Year 1979 (Public Law 95-601), the Nuclear Regulatory Commission 
note. 
and the Environmental Protection Agency, in consultation with the 
Secretary of Health and Human Services, shall evaluate the feasi-
bility of epidemiological research on the health effects of low-level 
ionizing radiation exposure to licensee, contractor, and subcontractor 
employees as a result o
f
— 
(1) the accident of March 28,1979, at unit two of the Three Mile 
Island Nuclear Station in Pennsylvania; 
(2) efforts to stabilize such facility or reduce or prevent radioac-
tive unplanned offsite releases in excess of allowable limits for 
normal operation established by the Commission; or 
(3) efforts to decontaminate, decommission, or repair such 
facility. 
The report required by such section 5(d) shall include the results of 
the evaluation required under this subsection. 
42 use 2051 
(b) Section 5(d) of the Nuclear Regulatory Commission Authoriza-
''°^- 
tion Act for Fiscal Year 1979 (Public Law 95-601), is amended by 
striking "September 30,1979" and inserting in lieu thereof "Septem-
ber 30,1980'" 
Approved June 30, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-194, pt. 1 (Comm. on Interior and Insular Affairs), No. 
96-194, pt. 2 (Comm. on Interstate and Foreign Oommerce), both 
accompanying H.R. 2608, and No. 96-1070 (Oomm. of Confer-
SENATE REPORT No. 96-176 (Comm. on Environment and Public Works). 
eONGRESSIONAL RECORD: 
Vol. 125 (1979): July 16, 17, considered and passed Senate. 
Nov. 29, Dec. 4, H.R. 2608 considered and passed House; passage 
vacated and S. 562, amended, passed in lieu. 
Vol. 126 (1980): June 10, House agreed to conference report. 
June 16, Senate E^eed to conference report. 
WEEKLY COMPILATION OP PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 27 (1980): June 30, Presidential statement.