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 97-415 (H.R.2330), enacted 01/04/1983

PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2067 
Public Law 97-415 
97th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
AUTHORIZATION OF APPROPRIATIONS 
SECTION 1. (a) There are hereby authorized to be appropriated to 
the Nuclear Regulatory Commission in accordance with the provi-
sions 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 fiscal years 1982 and 1983 to remain available until 
expended, $485,200,000 for fiscal year 1982 and $513,100,000 for 
fiscal year 1983 to be allocated as follows: 
(1) Not more than $80,700,000 for fiscal year 1982 and 
$77,000,000 for fiscal year 1983 may be used for "Nuclear Reac-
tor Regulation", of which an amount not to exceed $1,000,000 is 
authorized each such fiscal year to be used to accelerate the 
effort in gas-cooled thermal reactor preapplication review, and 
an amount not to exceed $6,000,000 is authorized each such 
fiscal year to be used for licensing review work for a fast 
breeder reactor plant project. In the event of a termination of 
such breeder reactor project, any unused amount appropriated 
pursuant to this paragraph for licensing review work for such 
project may be used only for safety technology activities. 
(2) Not more than $62,900,000 for fiscal year 1982 and 
$69,850,000 for fiscal year 1983 may be used for "Inspection and 
Enforcement". 
(3) Not more than $42,000,000 for fiscal year 1982 and 
$47,059,600 for fiscal year 1983 may be used for "Nuclear Mate-
rial Safety and Safeguards". 
(4) Not more than $240,300,000 for fiscal year 1982 and 
$257,195,600 for fiscal year 1983 may be used for "Nuclear 
Regulatory Research", of which— 
(A) an amount not to exceed $3,500,000 for fiscal year 
1982 and $4,500,000 for fiscal year 1983 is authorized to be 
used to accelerate the effort in gas-cooled thermal reactor 
safety research; 
(B) an amount not to exceed $18,000,000 is authorized 
each such fiscal year to be used for fast breeder reactor 
safety research; and 
(C) an amount not to exceed $57,000,000 is authorized for 
such two fiscal year period to be used for the Loss-of-Fluid 
Test Facility research program. 
In the event of a termination of the fast breeder reactor plant 
project, any unused amount appropriated pursuant to this para-
Jan. 4, 1983 
[H.R. 2330] 
Nuclear 
Regulatory 
Commission. 
Appropriations 
authorization. 
97-200 O-84-pt. 2 
23 : QL3 
96 STAT. 2068 
PUBLIC LAW 97-415—JAN. 4, 1983 
Grants and 
cooperative 
agreements. 
Reallocated 
funds. 
Notification of 
congressional 
committees. 
graph for fast breeder reactor safety research may be used 
generally for "Nuclear Regulatory Research". 
(5) Not more than $21,900,000 for fiscal year 1982 and 
$20,197,800 for fiscal year 1983 may be used for "Program 
Technical Support". 
(6) Not more than $37,400,000 for fiscal year 1982 and 
$41,797,000 for fiscal year 1983 may be used for "Program 
Direction and Administration". 
(b) The Nuclear Regulatory Commission may use not more than 1 
percent of the amounts authorized to be appropriated under subsec-
tion (a)(4) to exercise its authority under section 31 a. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2051(a)) to enter into grants and 
cooperative agreements with universities pursuant to such section. 
Grants made by the Commission shall be made in accordance with 
the Federal Grant and Cooperative Agreement Act of 1977 (41 
U.S.C. 501 et seq.) and other applicable law. In making such grants 
and entering into such cooperative agreements, the Commission 
shall endeavor to provide appropriate opportunities for universities 
in which the student body has historically been predominately 
comprised of minority groups. 
(c) Any amount appropriated for a fiscal year to the Nuclear 
Regulatory Commission pursuant to any paragraph of subsection (a) 
for purposes of the program office referred to in such paragraph, or 
any activity that is within such program office and is specified in 
such paragraph, may be reallocated by the Commission for use in a 
program office referred to in any other paragraph of such subsec-
tion, or for use in any other activity within a program office, except 
that the amount available from appropriations for such fiscal year 
for use in any program office or specified activity may not, as a 
result of reallocations made under this subsection, be increased or 
reduced by more than $500,000 unless— 
(1) a period of 30 calendar days (excluding 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) passes after the receipt, by the Commit-
tee on Energy and 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 submitted by the Commission containing a full and com-
plete statement of the reallocation proposed to be made and the 
facts and circumstances relied upon in support of such proposed 
reallocation; or 
(2) each such committee, before the expiration of such period, 
transmits to the Commission a written notification that such 
committee does not object to such proposed reallocation. 
AUTHORITY TO RETAIN CERTAIN AMOUNTS RECEIVED 
Ante, p. 948. 
31 u s e 3302. 
SEC. 2. Moneys received by the Nuclear Regulatory Commission 
for the cooperative nuclear research program and the material 
access authorization program may be retained and used for salaries 
and expenses associated with such programs, notwithstanding the 
provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and 
shall remain available until expended. 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2069 
AUTHORITY TO TRANSFER CERTAIN AMOUNTS TO OTHER AGENCIES 
SEC. 3. From amounts appropriated to the Nuclear Regulatory 
Commission pursuant to section 1(a), the Commission may transfer 
to other agencies of the Federal Government sums for salaries and 
expenses for the performance by such agencies of activities for 
which such appropriations of the Commission are made. Any sums 
so transferred may be merged with the appropriation of the agency 
to which such sums are transferred. 
UMITATION ON SPENDING AUTHORITY 
SEC. 4. 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. 
AUTHORITY TO ISSUE LICENSES IN ABSENCE OF EMERGENCY 
PREPAREDNESS PLANS 
SEC. 5. Of the amounts authorized to be appropriated under 
section 1, the Nuclear Regulatory Commission may use such sums as 
may be necessary, in the absence of a State or local emergency 
preparedness plan which has been approved by the Federal Emer-
gency Management Agency, to issue an operating license (including 
a temporary operating license under section 192 of the Atomic 
Energy Act of 1954, as amended by section 11 of this Act) for a Post, p. 207i. 
nuclear power reactor, if it determines that 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. 
NUCLEAR SAFETY GOALS 
SEC. 6. Funds authorized to be appropriated under this Act shall 
be used by the Nuclear Regulatory Commission to expedite the 
establishment of safety goals for nuclear reactor regulation. The 
development of such safety goals, and any accompanying methodolo-
gies for the application of such safety goals, should be expedited to 
the maximum extent practicable to permit establishment of a safety 
goal by the Commission not later than December 31,1982. 
LOSS-OF-FLUID TEST FACILITY 
SEC. 7. Of the amounts authorized to be used for the Loss-of-Fluid 
Test Facility in accordance with section l(aX4) for fiscal years 1982 
and 1983, the Commission shall provide funding through contract 
with the organization responsible for the Loss-of-Fluid Test oper-
ations for a detailed technical review and analysis of research 
results obtained from the Loss-of-Fluid Test Facility research pro-
gram. The contract shall provide funding for not more than twenty 
man-years in each of fiscal years 1982 and 1983 to conduct the 
technical review and analysis. 
NUCLEAR DATA LINK 
SEC 8. (a) Of the amounts authorized to be appropriated under 
this Act for the fiscal years 1982 and 1983, not more than $200,000 is 
authorized to be used by the Nuclear Regulatory Commission for— 
96 STAT. 2070 
PUBLIC LAW 97-415—JAN. 4, 1983 
Study and 
analysis. 
Report to 
Congress. 
Commission 
action; 
notification of 
congressional 
committees. 
(1) the acquisition (by purchase, lease, or otherwise) and 
installation of equipment to be used for the "small test proto-
type nuclear data link" program or for any other program for 
the collection and transmission to the Commission of data from 
licensed nuclear reactors during abnormal conditions at such 
reactors; and 
(2) the conduct of a full and complete study and analysis o
f
— 
(A) the appropriate role of the Commission during 
abnormal conditions at a nuclear reactor licensed by the 
Commission; 
(B) the information which should be available to the 
Commission to enable the Commission to fulfill such role 
and to carry out other related functions; 
(C) various alternative means of assuring that such infor-
mation is available to the Commission in a timely manner; 
and 
(D) any changes in existing Commission authority neces-
sary to enhance the Commission response to abnormal 
conditions at a nuclear reactor licensed by the Commission. 
The small test prototype referred to in paragraph (1) may be used by 
the Commission in carrying out the study and analysis under para-
graph (2). Such analysis shall include a cost-benefit analysis of each 
alternative examined under subparagraph (C). 
(b)(1) Upon completion of the study and analysis required under 
subsection (aX2), the Commission shall submit to Congress a detailed 
report setting forth the results of such study and analysis. 
(2) The Commission may not take any action with respect to any 
alternative described in subsection (a)(2XC), unless a period of 60 
calendar days (excluding any day in which either House of Congress 
is not in session because of an adjournment of more than 3 calendar 
days to a day certain or an adjournment sine die) passes after the 
receipt, by the Committee on Energy and Commerce and the Com-
mittee on Interior and Insular Affairs of the House of Representa-
tives and the Committee on Environment and Public Works of the 
Senate, of notice submitted 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. 
INTERIM CONSOLIDATION OF OFFICES 
SEC. 9. (a) Of the amounts authorized to be appropriated pursuant 
to paragraph 6 of section 1(a), such sums as may be necessary shall 
be available for interim consolidation of Nuclear Regulatory Com-
mission headquarters staff offices. 
(b) No amount authorized to be appropriated under this Act may 
be used, in connection with the interim consolidation of Nuclear 
Regulatory Commission offices, to relocate the offices of members of 
the Commission outside the District of Columbia. 
THREE MILE ISLAND 
SEC. 10. (a) No part of the funds authorized to be appropriated 
under this Act may be used to provide assistance to the General 
Public Utilities Corporation for purposes of the decontamination, 
cleanup, repair, or rehabilitation of facilities at Three Mile Island 
Unit 2. 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2071 
(b) The prohibition contained in subsection (a) shall not relate to 
the responsibilities of the Nuclear Regulatory Commission for moni-
toring or inspection of the decontamination, cleanup, repair, or 
rehabilitation activities at Three Mile Island and such prohibition 
shall not apply to the use of funds by the Nuclear Regulatory 
Commission to carry out regulatory functions of the Commission 
under the Atomic Energy Act of 1954 with respect to the facilities at 
Three Mile Island. 
(c) The Nuclear Regulatory Commission shall include in its 
annual report to the Congress under section 307(c) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5877(c)) as a separate chapter 
a description of the collaborative efforts undertaken, or proposed to 
be undertaken, by the Commission and the Department of Energy 
with respect to the decontamination, cleanup, repair, or rehabilita-
tion of facilities at Three Mile Island Unit 2. 
(d) No funds authorized to be appropriated under this Act may be 
used by the Commission to approve any willful release of "accident-
generated water", as defined by the Commission in NUREG-0683 
("Final Programmatic Environmental Impact Statement" p. 1-23), 
from Three Mile Island Unit 2 into the Susquehanna River or its 
watershed. 
TEMPORARY OPERATING LICENSES 
SEC. 11. Section 192 of the Atomic Energy Act of 1954 (42 U.S.C. 
2242) is amended to read as follows: 
"SEC. 192. TEMPORARY OPERATING LICENSE.— 
"a. In any proceeding upon an application for an operating license 
for a utilization facility required to be licensed under section 103 or 
104 b. of this Act, in which a hearing is otherwise required pursuant 
to section 189 a., the applicant may petition the Commission for a 
temporary operating license for such facility authorizing fuel load-
ing, testing, and operation at a specific power level to be determined 
by the Commission, pending final action by the Commission on the 
application. The initial petition for a temporary operating license 
for each such facility, and any temporary operating license issued 
for such facility based upon the initial petition, shall be limited to 
power levels not to exceed 5 percent of rated full thermal power. 
Following issuance by the Commission of the temporary operating 
license for each such facility, the licensee may file petitions with the 
Commission to amend the license to allow facility operation in 
staged increases at specific power levels, to be determined by the 
Commission, exceeding 5 percent of rated full thermal power. The 
initial petition for a temporary operating license for each such 
facility may be filed at any time after the filing of: (1) the report of 
the Advisory Committee on Reactor Safeguards required by section 
182 b.; (2) the filing of the initial Safety Evaluation Report by the 
Nuclear Regulatory Commission staff and the Nuclear Regulatory 
Commission staffs first supplement to the report prepared in 
response to the report of the Advisory Committee on Reactor 
Safeguards for the facility; (3) the Nuclear Regulatory Commission 
staffs final detailed statement on the environmental impact of the 
facility prepared pursuant to section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (4) a State, 
local, or utility emergency preparedness plan for the facility. Peti-
tions for the issuance of a temporary operating license, or for an 
amendment to such a license allowing operation at a specific power 
level greater than that authorized in the initial temporary operating 
42 u s e 2011 
note. 
42 u s e 5877 
note. 
42 u s e 2133, 
2134. 
Post, p. 2073. 
Initial petition. 
Affidavits. 
96 STAT. 2072 
PUBLIC LAW 97-415—JAN. 4, 1983 
Publication in 
Federal 
Register. 
Final order, 
transmittal to 
congressional 
committees. 
Judicial review. 
28 u s e 2341 et 
seq. 
Post, p. 2073. 
Hearing. 
license, shall be accompanied by an affidavit or affidavits setting 
forth the specific facts upon which the petitioner relies to justify 
issuance of the temporary operating license or the amendment 
thereto. The Ck)mmission shall publish notice of each such petition 
in the Federal Register and in such trade or news publications as 
the Commission deems appropriate to give reasonable notice to 
persons who might have a potential interest in the grant of such 
temporary operating license or amendment thereto. Any person 
may file affidavits or statements in support of, or in opposition to, 
the petition within thirty days after the publication of such notice in 
the Federal Register. 
"b. With respect to any petition filed pursuant to subsection a. of 
this section, the Commission may issue a temporary operating 
license, or amend the license to authorize temporary operation at 
each specific power level greater than that authorized in the initial 
temporary operating license, as determined by the Commission, 
upon finding that— 
"(1) in all respects other than the conduct or completion of 
any required hearing, the requirements of law are met; 
"(2) in accordance with such requirements, there is reason-
able assurance that operation of the facility during the period of 
the temporary operating license in accordance with its terms 
and conditions will provide adequate protection to the public 
health and safety and the environment during the period of 
temporary operation; and 
"(3) denial of such temporary operating license will result in 
delay between the date on which construction of the facility is 
sufficiently completed, in the judgment of the Commission, to 
permit issuance of the temporary operating license, and the 
date when such facility would otherwise receive a final operat-
ing license pursuant to this Act. 
The temporary operating license shall become effective upon issu-
ance and shall contain such terms and conditions as the Commission 
may deem necessary, including the duration of the license and any 
provision for the extension thereof. Any final order authorizing the 
issuance or amendment of any temporary operating license pursu-
ant to this section shall recite with specificity the facts and reasons 
justifying the findings under this subsection, and shall be transmit-
ted upon such issuance to the Committees on Interior and Insular 
Affairs and Energy and Commerce of the House of Representatives 
and the Committee on Environment and Public Works of the 
Senate. The final order of the Commission with respect to the 
issuance or amendment of a temporary operating license shall be 
subject to judicial review pursuant to chapter 158 of title 28, United 
States Code. The requirements of section 189 a. of this Act with 
respect to the issuance or amendment of facility licenses shall not 
apply to the issuance or amendment of a temporary operating 
license under this section. 
"c. Any hearing on the application for the final operating license 
for a facility required pursuant to section 189 a. shall be concluded 
as promptly as practicable. The Commission shall suspend the 
temporary operating license if it finds that the applicant is not 
prosecuting the application for the final operating license with due 
diligence. Issuance of a temporary operating license under subsec-
tion b. of this section shall be without prejudice to the right of any 
party to raise any issue in a hearing required pursuant to section 
189 a.; and failure to assert any ground for denial or limitation of a 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2073 
temporary operating license shall not bar the assertion of such 
ground in connection with the issuance of a subsequent final operat-
ing license. Any party to a hearing required pursuant to section 189 ^"/^" 
a. on the final operating license for a facility for which a temporary 
operating license has been issued under subsection b., and any 
member of the Atomic Safety and Licensing Board conducting such 
hearing, shall promptly notify the Commission of any information 
indicating that the terms and conditions of the temporary operating 
license are not being met, or that such terms and conditions are 
not sufficient to comply with the provisions of paragraph (2) of 
subsection b. 
"d. The Commission is authorized and directed to adopt such 
administrative remedies as the Commission deems appropriate to 
minimize the need for issuance of temporary operating licenses 
pursuant to this section. 
"e. The authority to issue new temporary operating licenses under 
Expiration date, 
this section shall expire on December 31,1983.". 
OPERATING LICENSE AMENDMENT HEARINGS 
SEC. 12. (a) Section 189 a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2239(a)) is amended— 
(1) by inserting "(1)" after the subsection designation; and 
(2) by adding at the end thereof the following new paragraph: 
"(2)(A) The Commission may issue and make immediately effec-
tive any amendment to an operating license, upon a determination 
by the Commission that such amendment involves no significant 
hazards consideration, notwithstanding the pendency before the 
Commission of a request for a hearing from any person. Such 
amendment may be issued and made immediately effective in 
advance of the holding and completion of any required hearing. In 
determining under this section whether such amendment involves 
no significant hazards consideration, the Commission shall consult 
with the State in which the facility involved is located. In all other 
respects such amendment shall meet the requirements of this Act. 
"(B) The Commission shall periodically (but not less frequently 
than once every thirty days) publish notice of any amendments 
issued, or proposed to be issued, as provided in subparagraph (A). 
Each such notice shall include all amendments issued, or proposed 
to be issued, since the date of publication of the last such periodic 
notice. Such notice shall, with respect to each amendment or pro-
posed amendment (i) identify the facility involved; and (ii) provide a 
brief description of such amendment. Nothing in this subsection 
shall be construed to delay the effective date of any amendment. 
*XC) The Commission shall, during the ninety-day period following 
the effective date of this paragraph, promulgate regulations estab-
lishing (i) standards for determining whether any amendment to an 
operating license involves no significant hazards consideration; (ii) 
criteria for providing or, in emergency situations, dispensing with 
prior notice and reasonable opportunity for public comment on any 
such determination, which criteria shall take into account the 
exigency of the need for the amendment involved; and (iii) proce-
dures for consultation on any such determination with the State in 
which the facility involved is located.". 
(b) The authority of the Nuclear Regulatory Commission, under 
the provisions of the amendment made by subsection (a), to issue 
and to make immediately effective any amendment to an operating 
Notice of 
publication. 
Regulations 
establishing 
standards, 
criteria, and 
procedures. 
42 u s e 2239 
note. 
96 STAT. 2074 
PUBLIC LAW 97-415—JAN. 4, 1983 
license shall take effect upon the promulgation by the Commission 
of the regulations required in such provisions. 
Resident 
inspector 
program. 
42 u s e 5841 
note. 
Commercial 
nuclear 
powerplant 
construction, 
study. 
"Independent 
inspector." 
QUAUTY ASSURANCE 
SEC. 13. (a) The Nuclear Regulatory Commission is authorized and 
directed to implement and accelerate the resident inspector pro-
gram so as to assure the assignment of at least one resident inspec-
tor by the end of fiscal year 1982 at each site at which a commercial 
nuclear powerplant is under construction and construction is more 
than 15 percent complete. At each such site at which construction is 
not more than 15 percent complete, the Commission shall provide 
that such inspection personnel as the Commission deems appropri-
ate shall be physically present at the site at such times following 
issuance of the construction permit as may be necessary in the 
judgment of the Commission. 
(b) The Commission shall conduct a study of existing and alterna-
tive programs for improving quality assurance and quality control 
in the construction of commercial nuclear powerplants. In conduct-
ing the study, the Commission shall obtain the comments of the 
public, licensees of nuclear powerplants, the Advisory Committee on 
Reactor Safeguards, and organizations comprised of professionals 
having expertise in appropriate fields. The study shall include an 
analysis of the following: 
(1) providing a basis for quality assurance and quality control, 
inspection, and enforcement actions through the adoption of an 
approach which is more prescriptive them that currently in 
practice for defining principal architectural and engineering 
criteria for the construction of commercial nuclear powerplants; 
(2) conditioning the issuance of construction permits for com-
mercial nuclear powerplants on a demonstration by the licensee 
that the licensee is capable of independently managing the 
effective performance of all quality assurance and quality con-
trol responsibilities for the powerplant; 
(3) evaluations, inspections, or audits of commercial nuclear 
powerplant construction by organizations comprised of profes-
sionals having expertise in appropriate fields which evaluations, 
inspections, or audits are more effective than those under cur-
rent practice; 
(4) improvement of the Commission's organization, methods, 
and programs for quality assurance development, review, and 
inspection; and 
(5) conditioning the issuance of construction permits for com-
mercial nuclear powerplemts on the permittee entering into 
contracts or other arrangements with an independent inspector 
to audit the quality assurance program to verify quality assur-
ance performance. 
For purposes of paragraph (5), the term "independent inspector" 
means a person or other entity having no responsibility for the 
design or construction of the plant involved. The study shall also 
include an anedysis of quality assurance and quality control pro-
grams at representative sites at which such programs are operating 
satisfactorily and an assessment of the reasons therefor. 
(c) For purposes o
f
— 
(1) determining the best means of assuring that commercial 
nuclear powerplants are constructed in accordance with the 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2075 
applicable safety requirements in effect pursuant to the Atomic 
Energy Act of 1954; and 
(2) assessing the feasibility and benefits of the various means 
listed in subsection (b); 
the Commission shall undertake a pilot program to review and 
evaluate programs that include one or more of the alternative 
concepts identified in subsection (b) for the purposes of assessing the 
feasibility and benefits of their implementation. The pilot program 
shall include programs that use independent inspectors for auditing 
quality assurance responsibilities of the licensee for the construction 
of commercial nuclear powerplants, as described in paragraph (5) of 
subsection (b). The pilot program shall include at least three sites at 
which commercial nuclear powerplants are under construction. The 
Commission shall select at least one site at which quality assurance 
and quality control programs have operated satisfactorily, and at 
least two sites with remedial programs underway at which major 
construction, quality assurance, or quality control deficiencies (or 
any combination thereof) have been identified in the past. The 
Commission may require any changes in existing quality assurance 
and quality control organizations and relationships that may be 
necessary at the selected sites to implement the pilot program, 
(d) Not later than fifteen months after the date of the enactment 
of this Act, the Commission shall complete the study required under 
subsection (b) and submit to the United States Senate and House of 
Representatives a report setting forth the results of the study. The 
report shall include a brief summary of the information received 
from the public and from other persons referred to in subsection (b) 
and a statement of the Commission's response to the significant 
comments received. The report shall also set forth an analysis of the 
results of the pilot program required under subsection (c). The 
report shall be accompanied by the recommendations of the 
Commission, including any legislative recommendations, and a de-
scription of any administrative actions that the Commission has 
undertaken or intends to undertake, for improving quality assur-
ance and quality control programs that are applicable during the 
construction of nuclear powerplants. 
42 u s e 2011 
note. 
Pilot program. 
Study results, 
submittal to 
Congress. 
LIMITATION ON USE OF SPECIAL NUCLEAR MATERIAL 
SEC. 14. Section 57 of the Atomic Energy Act of 1954 (42 U.S.C. 
2077) is amended by adding at the end thereof the following new 
subsection: 
"e. Special nuclear material, as defined in section 11, produced in 
facilities licensed under section 103 or 104 may not be transferred, 
reprocessed, used, or otherwise made available by any instrumental-
ity of the United States or any other person for nuclear explosive 
purposes.". 
RESIDENT INSPECTORS 
SEC. 15. Of the amounts authorized to be appropriated under 
section 1, the Nuclear Regulatory Commission shall use such sums 
as may be necessary to conduct a study of the financial hardships 
incurred by resident inspectors as a result of (1) regulations of the 
Commission requiring resident inspectors to relocate periodically 
from one duty station to another; and (2) the requirements of the 
Commission respecting the domicile of resident inspectors and 
42 u s e 2014. 
42 u s e 2133, 
2134. 
96 STAT. 2076 
PUBLIC LAW 97-415—JAN. 4, 1983 
Report to 
Congress. 
respecting travel between their domicile and duty station in such 
manner as to avoid the appearance of a conflict of interest. Not later 
than 90 days after the date of the enactment of this Act, the 
Commission shall submit to the Congress a report setting forth the 
findings of the Commission as a result of such study, together with a 
legislative proposal (including any supporting data or information) 
relating to any assistance for resident inspectors determined by the 
Commission to be appropriate. 
Penalties. 
SABOTAGE OF NUCLEAR FACILITIES OR FUEL 
SEC. 16. Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 
2284) is amended to read as follows: 
"SEC. 236. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.— 
"a. Any person 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; 
or 
"(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. Any person who intentionally and willfully causes or attempts 
to cause an interruption of normal operation of any such facility 
through the unauthorized use of or tampering with the machinery, 
components, or controls of any such facility, shall be fined not more 
than $10,000 or imprisoned for not more than ten years, or both.". 
95 Stat. 1169. 
Judicial review. 
Quarterly 
report. 
DEPARTMENT OF ENERGY INFORMATION 
SEC. 17. (a) Section 148 a. (1) of the Atomic Energy Act of 1954 (42 
U.S.C. 2168(a)(1)) is amended by inserting after " 'Secretary')" the 
following: ", with respect to atomic energy defense programs,". 
(b) Section 148 of the Atomic Energy Act of 1954 (42 U.S.C. 
2168) is amended by adding at the end thereof the following new 
subsections: 
"d. Any determination by the Secretary concerning the applicabil-
ity of this section shall be subject to judicial review pursuant to 
section 552(a)(4)(B) of title 5, United States Code. 
"e. The Secretary shall prepare on a quarterly basis a report to be 
made available upon the request of any interested person, detailing 
the Secretary's application during that period of each regulation or 
order prescribed or issued under this section. In particular, such 
report shall— 
"(1) identify any information protected from disclosure pursu-
ant to such regulation or order; 
"(2) specifically state the Secretary's justification for deter-
mining that unauthorized dissemination 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 illegal 
production of nuclear weapons, or theft, diversion, or sabotage 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2077 
of nuclear materials, equipment, or facilities, as specified under 
subsection a.; and 
"(3) provide justification that the Secretary 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.". 
STANDARDS AND REQUIREMENTS UNDER SECTION 275 
SEC. 18. (a) Section 275 of the Atomic Energy Act of 1954 is 
amended— 
(1) by striking in subsection a. "one year after the date of 
enactment of this section" and substituting "October 1, 1982" 
and by adding the following at the end thereof: "After Octo-
ber 1, 1982, if the Administrator has not promulgated standards 
in final form under this subsection, any action of the Secretary of 
Energy under title I of the Uranium Mill Tailings Radiation 
Control Act of 1978 which is required to comply with, or be 
taken in accordance with, standards of the Administrator shall 
comply with, or be taken in accordance with, the standards 
proposed by the Administrator under this subsection until such 
time as the Administrator promulgates such standards in final 
form."; 
(2) by striking in subsection b. (1) "eighteen months after the 
enactment of this section, the Administrator shall, by rule, 
promulgate" and inserting in lieu thereof the following: "Octo-
ber 31, 1982, the Administrator shall, by rule, propose, and 
within 11 months thereafter promulgate in final form,'; 
(3) by adding the following at the end of subsection b. (1): "If 
the Administrator fails to promulgate standards in final form 
under this subsection by October 1, 1983, the authority of the 
Administrator to promulgate such standards shall terminate, 
and the Commission may take actions under this Act without 
regard to any provision of this Act requiring such actions to 
comply with, or be taken in accordance with, standards promul-
gated by the Administrator. In any such case, the Commission 
shall promulgate, and from time to time revise, any such 
standards of general application which the 
Commission 
deems necessary to carry out its responsibilities in the conduct 
of its licensing activities under this Act. Requirements estab-
lished by the Commission under this Act with respect to byprod-
uct material as defined in section l i e . (2) shall conform to such 
standards. Any requirements adopted by the Commission re-
specting such byproduct material before promulgation by the 
Commission of such standards shall be amended as the Commis-
sion deems necessary to conform to such standards in the same 
manner as provided in subsection f. (3). Nothing in this subsec-
tion shall be construed to prohibit or suspend the implementa-
tion or enforcement by the Commission of any requirement of 
the Commission respecting byproduct material as defined in 
section 11 e. (2) pending promulgation by the Commission of any 
such standard of general application."; 
(4) by adding the following new subsection at the end thereof: 
"f. (1) Prior to January 1, 1983, the Commission shall not imple-
ment or enforce the provisions of the Uranium Mill Licensing 
Requirements published as final rules at 45 Federal Register 65521 
42 u s e 2022. 
42 u s e 7911. 
Promulgation 
authority. 
42 u s e 2014. 
Uranium mill 
licensing 
requirement 
regulations. 
96 STAT. 2078 
PUBLIC LAW 97-415—JAN. 4, 1983 
Implementation 
and 
enforcement. 
Review, public 
comment, and 
suspension. 
42 u s e 2114. 
Remedial action. 
42 u s e 7918. 
Ante, p. 2077; 
post, p. 2080. 
to 65538 on October 3, 1980 (hereinafter in this subsection referred 
to as the 'October 3 regulations'). After December 31, 1982, the 
Commission is authorized to implement and enforce the provisions 
of such October 3 regulations (and any subsequent modifications or 
additions to such regulations which may be adopted by the Commis-
sion), except as otherwise provided in paragraphs (2) and (3) of this 
subsection. 
"(2) Following the proposal by the Administrator of standards 
under subsection b., the Commission shall review the October 3 
regulations, and, not later than 90 days after the date of such 
proposal, suspend implementation and enforcement of any provision 
of such regulations which the Commission determines after notice 
and opportunity for public comment to require a major action or 
major commitment by licensees which would be unnecessary i
f
— 
"(A) the standards proposed by the Administrator are promul-
gated in final form without modification, and 
"(B) the Commission's requirements are modified to conform 
to such standards. 
Such suspension shall terminate on the earlier of April 1, 1984 or 
the date on which the Commission amends the October 3 regulations 
to conform to final standards promulgated by the Administrator 
under subsection b. During the period of such suspension, the 
Commission shall continue to regulate byproduct material (as 
defined in section H e . (2)) under this Act on a licensee-by-licensee 
basis as the Commission deems necessary to protect public health, 
safety, and the environment. 
"(3) Not later than 6 months after the date on which the Adminis-
trator promulgates final standards pursuant to subsection b. of this 
section, the Commission shall, after notice and opportunity for 
public comment, amend the October 3 regulations, and adopt such 
modifications, as the Commission deems necessary to conform to 
such final standards of the Administrator. 
"(4) Nothing in this subsection may be construed as affecting the 
authority or responsibility of the Commission under section 84 to 
promulgate regulations to protect the public health and safety and 
the environment.". 
(b)(1) Section 108(a) of the Uranium Mill Tailings Radiation Con-
trol Act of 1978 is amended by adding the following new paragraph 
at the end thereof: 
"(3) Notwithstanding paragraphs (1) and (2) of this subsection, 
after October 31, 1982, if the Administrator has not promulgated 
standards under section 275 a. of the Atomic Energy Act of 1954 in 
final form by such date, remedial action taken by the Secretary 
under this title shall comply with the standards proposed by the 
Administrator under such section 275 a. until such time as the 
Administrator promulgates the standards in final form.". 
(2) The second sentence of section 108(a)(2) of the Uranium Mill 
Tailings Radiation Control Act of 1978 is repealed. 
AGREEMENT STATES 
42 use 2021. 
SEC. 19. (a) Section 274 o. of the Atomic Energy Act of 1954 is 
amended by adding the following at the end thereof: "In adopting 
requirements pursuant to paragraph (2) of this subsection with 
respect to sites at which ores are processed primarily for their 
source material content or which are used for the disposal of 
42 use 2014. 
byproduct material as defined in section 11 e. (2), the State may 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2079 
adopt alternatives (including, where appropriate, site-specific alter-
natives) to the requirements adopted and enforced by the Commis-
sion for the same purpose if, after notice and opportunity for public 
hearing, the Commission determines that such alternatives will 
achieve a level of stabilization and containment of the sites con-
cerned, and a level of protection for public health, safety, and the 
environment from radiological and nonradiological hazards asso-
ciated with such sites, which is equivalent to, to the extent practica-
ble, or more stringent than the level which would be achieved by 
standards and requirements adopted and enforced by the Commis-
sion for the same purpose and any final standards promulgated by 
the Administrator of the Environmental Protection Agency in 
accordance with section 275. Such alternative State requirements 
42 use 2022. 
may take into account local or regional conditions, including 
geology, topography, hydrology and meteorology.". 
(b) Section 204(hX3) of the Uranium Mill Tailings Radiation Con-
trol Act of 1978 is amended by inserting the following before the 
42 use 2021 
period at the end thereof: ": Provided, however, That, in the case of a ^°^^-
State which has exercised any authority under State law pursuant 
to an agreement entered into under section 274 of the Atomic 
Energy Act of 1954, the State authority over such byproduct 
42 use 2021. 
material may be terminated, and the Commission authority over 
such material may be exercised, only after compliance by the Com-
mission with the same procedures as are applicable in the case of 
termination of agreements under section 274 j . of the Atomic Energy 
Act of 1954.". 
AMENDMENT TO SECTION 84 
SEC. 20. Section 84 of the Atomic Energy Act of 1954 is amended 
Alternative 
by adding the following at the end thereof: 
f S s l S ^^ 
"c. In the case of sites at which ores are processed primarily for 
42 use 2114. 
their source material content or which are used for the disposal of 
byproduct material as defined in section l i e . (2), a licensee may 
42 use 2014. 
propose alternatives to specific requirements adopted and enforced 
by the Commission under this Act. Such alternative proposals may 
take into account local or regional conditions, including geology, 
topography, hydrology and meteorology. The Commission may treat 
such alternatives as satisfying Commission requirements if the 
Commission determines that such alternatives will achieve a level of 
stabilization and containment of the sites concerned, and a level of 
protection for public health, safety, and the environment from 
radiological and nonradiological hazards associated with such sites, 
which is equivalent to, to the extent practicable, or more stringent 
than the level which would be achieved by standards and require-
ments adopted and enforced by the Commission for the same pur-
pose and any final standards promulgated by the Administrator of 
the Environmental Protection Agency in accordance with section 
275.". 
42 use 2022. 
EDGEMONT 
SEC. 21. Section 102(e) of the Uranium Mill Tailings Radiation 
Control Act of 1978 is amended by adding the following at the end 
42 use 7912. 
thereof: 
"(3) The Secretary shall designate as a processing site within 
the meaning of section 101(6) any real property, or improvements 
42 use 7911. 
thereon, in Edgemont, South Dakota, that— 
96 STAT. 2080 
PUBLIC LAW 97-415—JAN. 4, 1983 
42 u s e 7917. 
"(A) is in the vicinity of the Tennessee Valley Authority 
uranium mill site at Edgemont (but not including such site), and 
"(B) is determined by the Secretary to be contaminated with 
residual radioactive materials. 
In making the designation under this paragraph, the Secretary shall 
consult with the Administrator, the Commission and the State of 
South Dakota. The provisions of this title shall apply to the site so 
designated in the same manner and to the same extent as to the 
sites designated under subsection (a) except that, in applying such 
provisions to such site, any reference in this title to the date of the 
enactment of this Act shall be treated as a reference to the date of 
the enactment of this paragraph and in determining the State share 
under section 107 of the costs of remedial action, there shall be 
credited to the State, expenditures made by the State prior to the 
date of the enactment of this paragraph which the Secretary deter-
mines would have been made by the State or the United States in 
carrying out the requirements of this title.". 
ADDITIONAL AMENDMENTS TO SECTIONS 84 AND 275 
42 use 2114. 
SEC. 22. (a) Section 84 a. (1) of the Atomic Energy Act of 1954 is 
amended by inserting before the comma at the end thereof the 
following: ", taking into account the risk to the public health, safety, 
and the environment, with due consideration of the economic 
costs and such other factors as the Commission determines to be 
appropriate,". 
Ante, p. 2077. 
(b) Section 275 of the Atomic Energy Act of 1954 is amended— 
(1) in subsection a., by inserting after the second sentence 
thereof the following new sentence: "In establishing such stand-
ards, the Administrator shall consider the risk to the public 
health, safety, and the environment, the environmental and 
economic costs of applying such standards, and such other 
factors as the Administrator determines to be appropriate."; 
and 
(2) by adding at the end of subsection b. (1) the following new 
sentence: "In establishing such standards, the Administrator 
shall consider the risk to the public health, safety, and the 
environment, the environmental and economic costs of applying 
such standards, and such other factors as the Administrator 
determines to be appropriate.". 
eomprehensive 
industry review, 
submittal to 
eongress. 
42 u s e 2210b 
note. 
URANIUM SUPPLY 
SEC. 23. (a)(1) Not later than 12 months after the date of enact-
ment of this section, the President shall prepare and submit to the 
Congress a comprehensive review of the status of the domestic 
uranium mining and milling industry. This review shall be made 
available to the appropriate committees of the United States Senate 
and the House of Representatives. 
(2) The Comprehensive review prepared for submission under 
paragraph (1) shall include— 
(A) projections of uranium requirements and inventories of 
domestic utilities; 
(B) present and future projected uranium production by the 
domestic mining and milling industry; 
(C) the present and future probable penetration of the domes-
tic market by foreign imports; 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2081 
(D) the size of domestic and foreign ore reserves; 
(E) present and projected domestic uranium exploration 
expenditures and plans; 
(F) present and projected emplo3rment and capital investment 
in the uranium industry; 
(G) an estimate of the level of domestic uranium production 
necessary to ensure the viable existence of a domestic uranium 
industry and protection of national security interests; 
(H) an estimate of the percentage of domestic uranium 
demand which must be met by domestic uranium production 
through the year 2000 in order to ensure the level of domestic 
production estimated to be necessary under subparagraph (G); 
(I) a projection of domestic uranium production and uranium 
price levels which will be in effect both under current policy 
and in the event that foreign import restrictions were enacted 
by Congress in order to guarantee domestic production at the 
level estimated to be necessary under subparagraph (G); 
(J) the anticipated effect of spent nuclear fuel reprocessing on 
the demand for uranium; and 
(K) other information relevant to the consideration of restric-
tions on the importation of source material and special nuclear 
material from foreign sources. 
(b)(1) Chapter 14 of the Atomic Energy Act of 1954 is amended by 
adding the following new section at the end thereof: 
"SEC. 170B. URANIUM SUPPLY.— 
"a. The Secretary of Energy shall monitor and for the years 1983 
to 1992 report annually to the Congress and to the President a 
determination of the viability of the domestic uranium mining and 
milling industry and shall establish by rule, after public notice and 
in accordance with the requirements of section 181 of this Act, 
within 9 months of enactment of this section, specific criteria 
which shall be assessed in the annual reports on the domestic 
uranium industry's viability. The Secretary of Energy is authorized 
to issue regulations providing for the collection of such information 
as the Secretary of Energy deems necessary to carry out the moni-
toring and reporting requirements of this section. 
"b. Upon a satisfactory showing to the Secretary of Energy by any 
person that any information, or portion thereof obtained under this 
section, would, if made public, divulge proprietary information of 
such person, the Secretary shall not disclose such information and 
disclosure thereof shall be punishable under section 1905 of title 18, 
United States Code. 
"c. The criteria referred to in subsection a. shall also include, but 
not be limited to— 
"(1) an assessment of whether executed contracts or options 
for source material or special nuclear material will result in 
greater than 87*72 percent of actual or projected domestic 
uranium requirements for any two-consecutive-year period 
being supplied by source material or special nuclear material 
from foreign sources; 
"(2) projections of uranium requirements and inventories of 
domestic utilities for a 10 year period; 
"(3) present and probable future use of the domestic market 
by foreign imports; 
"(4) whether domestic economic reserves can supply all future 
needs for a future 10 year period; 
Report to 
Congress and 
President. 
42 u s e 2210b. 
42 u s e 2231. 
Regulations. 
Proprietary 
information, 
disclosure. 
Criteria. 
96 STAT. 2082 
PUBLIC LAW 97-415—JAN. 4, 1983 
Imported 
material, impact 
on domestic 
industry and 
national 
security. 
Investigations. 
"(5) present and projected domestic uranium exploration 
expenditures and plans; 
"(6) present and projected employment and capital invest-
ment in the uranium industry; 
"(7) the level of domestic uranium production capacity suffi-
cient to meet projected domestic nuclear power needs for a 10 
year period; and 
"(8) a projection of domestic uranium production and ura-
nium price levels which will be in effect under various assump-
tions with respect to imports, 
"d. The Secretary or Energy, at any time, may determine on the 
basis of the monitoring and annual reports required under this 
section that source material or special nuclear material from foreign 
sources is being imported in such increased quantities as to be a 
substantial cause of serious injury, or threat thereof, to the United 
States uranium mining and milling industry. Based on that determi-
nation, the United States Trade Representative shall request that 
the United States International Trade Commission initiate an inves-
tigation under section 201 of the Trade Act of 1974 (19 U.S.C. 2251). 
"e. (1) If, during the period 1982 to 1992, the Secretary of Energy 
determines that executed contracts or options for source material or 
special nuclear material from foreign sources for use in utilization 
facilities within or under the jurisdiction of the United States 
represent greater than S1V2 percent of actual or projected domestic 
uranium requirements for any two-consecutive-year period, or if the 
Secretary of Energy determines the level of contracts or options 
involving source material and special nuclear material from foreign 
sources may threaten to impair the national security, the Secretary 
of Energy shall request the Secretary of CJommerce to initiate under 
section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) an 
investigation to determine the effects on the national security of 
imports of source material and special nuclear material. The Secre-
tary of Energy shall cooperate fully with the Secretary of Commerce 
in carrying out such an investigation and shall make available to 
the Secretary of Commerce the findings that lead to this request and 
such other information that will assist the Secretary of Commerce 
in the conduct of the investigation. 
"(2) The Secretary of Commerce shall, in the conduct of any 
investigation requested by the Secretary of Energy pursuant to this 
section, take into account any information made available by the 
Secretary of Energy, including information regarding the impact on 
national security of projected or executed contracts or options for 
source material or special nuclear material from foreign sources 
or whether domestic production capacity is sufficient to supply 
projected national security requirements. 
PUBLIC LAW 97-415—JAN. 4, 1983 
96 STAT. 2083 
"(3) No sooner than 3 years following completion of any investiga-
tion by the Secretary of Commerce under paragraph (1), if no 
recommendation has been made pursuant to such study for trade 
adjustments to assist or protect domestic uranium production, the 
Secretary of Energy may initiate a request for another such investi-
gation by the Secretary of Commerce.". 
Approved January 4, 1983. 
LEGISLATIVE HISTORY-H.R. 2330 (S. 1207): 
HOUSE REPORTS: No. 97-22, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 
(Comm. on Energy and Commerce), No. 97-884 (Comm. of Confer-
ence). 
SENATE REPORT No. 97-113 accompanying S. 1207 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): Oct. 19, Nov. 5, considered and passed House. 
Vol. 128 (1982): Mar. 22, 30, S. 1207 considered in Senate. 
Mar. 30, H.R. 2330 considered and passed Senate, amended. 
Oct. 1, Senate agreed to conference report. 
Dec. 2, House rejected conference report; receded and con-
curred in Senate amendment with an amendment. 
Dec. 16, Senate agreed to House amendment.