NUCLEAR REGULATORY COMMISSION An Act To authorize appropriations to the Nuclear Regulatory Commission for fiscal year 1979, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Nov. 6, 1978 [S. 2584] Nuclear SECTION 1. (a) There is hereby authorized to be appropriated to the Regulatory Nuclear Regulatory Commission in accordance with the provisions Commission. of section 261 of the Atomic Energy Act of 1954, as amended (42 Appropriation U.S.C. 2017), and section 305 of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5875), for the fiscal year 1979, to remain available until expended $333,007,000. Of such total amount authorized to be appropriated: (1) not more than $47,162,000 may be used for "Nuclear Reactor Regulation"; of the total amount appropriated for this purpose, $2,080,000 shall be available for Advanced Reactors; (2) not more than $38,760,000 may be used for "Inspection and Enforcement"; (3) not more than $14,945,000 may be used for "Standards Development"; of the total amount appropriated for this purpose, $650.000 shall be available for Low-Level Radiation activities, including those described in section 5 of this Act; (4) not more than $27,240.000 may be used for "Nuclear Material Safety and Safeguards"; of the total amount appropriated for this purpose, $8,127,000 shall be available for Nuclear Waste Disposal and Management activities; authorization, 1978. (5) not more than $163,470,000 may be used for "Nuclear Regulatory Research"; of the total amount appropriated for this purpose, $1,500,000 shall be available for the implementation of the Improved Safety Systems Research plan required by section 205(f) of the Energy Reorganization Act of 1974, as amended. 42 USC 5845. $4,448,000 shall be available for Nuclear Waste research activities, and $18,333,000 shall be available for Advanced Reactor Research, including an authorization of $3,900,000 to accelerate the effort in gas-cooled thermal reactor safety research. (6) not more than $13,480,000 may be used for "Program Technical Support"; (7) not more than $27,950,000 may be used for "Program Direction and Administration"; of the total amount appropriated for this purpose, $225,000 shall be available for equal employment opportunity activities, including support of four positions in the Office of Equal Employment Opportunity. (b) (1) Not more than $14,285,000 of the aggregate amount author- Safeguard ized to be appropriated under paragraphs (1) through (7) of sub- research section (a) may be used for contracts encompassing research, studies, contracts, and technical assistance on domestic safeguards matters. (2) Of the aggregate amount authorized to be appropriated under paragraphs (1) through (7) of subsection (a), $1,000,000 shall be available for studies and analysis of alternative fuel cycles (including studies and analysis relating to licensing and safety, safeguards, and environmental aspects). limitation. 49-792 0 - 79 - 2 Safeguard research contracts, limitation. (c) (1) No amount appropriated pursuant to subsection (a) for purposes of subparagraphs (1) through (7) of such subsection, may be used for any function of the Commission in excess of the amount expressly authorized to be appropriated for functions referred to in such paragraphs, if such excess amount is in excess of $500,000, nor may the amount available from any appropriation for any function referred to in such subparagraphs be reduced by more than $500,000, unless (i) a period of thirty calendar days (not including any day in which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain or an adjournment sine die) has passed after the receipt by the Committee 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 (ii) each such committee before the expiration of such period has transmitted to the Commission, written notice stating in substance that such committee has no objection to the proposed action. (2) Of the amounts authorized to be appropriated for the purposes set forth in paragraphs (1) through (7) of subsection (a) of this section, the amounts available for Advanced Reactors, Low-Level Radiation, Nuclear Waste Disposal and Management, Improved Safety Systems Research, and Nuclear Waste Research, or that specified in subsection (b) (2) of this section for Alternative Fuel Cycle activities shall not be reprogramed, unless (i) a period of ninety calendar days (not including any day in which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain or an adjournment sine die) has passed after the receipt by the Committee on Interior and Insular Affairs and the Committee on Interstate and Foreign Commerce 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 (ii) each such committee before the expiration of such period has transmitted to the Commission, written notice stating in substance that such committee has no objection to the proposed action. (d) No amount authorized to be appropriated by this Act may be used by the Commission to enter into any contract, providing funds in excess of $20,000 encompassing research, study, or technical assistance on domestic safeguards matters except as directed 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. SEC. 2. Moneys received by the Commission for the cooperative nuclear research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provi sions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended. SEC. 3. Transfers of sums from salaries and expenses may be made to Funds, transfers. other agencies of the Government for the performance of the work for which the appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred. SEC. 4. (a) Subsection (b) of section 209 of the Energy Reorganiza tion Act of 1974, as amended, is amended by adding at the end thereof 42 USC 5849. the following sentence: "Notwithstanding the preceding sentence, each such director shall keep the Executive Director fully and currently informed concerning the content of all such direct communications with the Commission." (b) Section 209 of the Energy Reorganization Act of 1974, as Equal amended, is amended by adding a new subsection (c) to read as follows employment and redesignating existing subsection (c) accordingly: opportunity, "(c) The Executive Director shall report to the Commission at semi- report. annual public meetings on the problems, progress, and status of the Commission's equal employment opportunity efforts.". 42 USC 2051 note. SEC. 5. (a) The Commission and the Environmental Protection Radiation, health Agency, in consultation with the Secretary of Health, Education, and effects studies, Welfare, are authorized and directed to conduct preliminary planning consultation. and design studies for epidemiological research on the health effects of low-level ionizing radiation. In the conduct of such studies, the Commission and the Environmental Protection Agency shall consult with appropriate scientific organizations and Federal and State agencies. (b) Within thirty days after the date of enactment of this section, the Commission and the Environmental Protection Agency shall submit to the Congress a memorandum of understanding to delineate their responsibilities in the conduct of the planning studies authorized by subsection (a) of this section. (c) On or before April 1, 1979, the Commission and the Environmental Protection Agency shall submit a report to the Congress containing an assessment of the capabilities and research needs of such agencies in the area of health effects of low-level ionizing radiation. (d) On or before September 30, 1979, the Commission and the Environmental Protection Agency, in consultation with the Secretary of Health, Education, and Welfare, shall submit a report to the Congress which includes a study of options for Federal epidemiological research on the health effects of low-level ionizing radiation, with evaluations of the feasibility of such options. Such report shall be consistent with the findings of the assessment required by subsection (c) of this section. (e) In carrying out the activities specified in subsections (c) and (d) such agencies shall: Memorandum, submittal to Congress. Reports to Congress, consultations. (i) cooperate with appropriate scientific organizations and Cooperation. agencies involved in related research, and (ii) furnish copies of the reports required by those subsections Copies. to the organizations and agencies referred to in subsection (e) (i). SEC. 6. Section 209 of the Energy Reorganization Act of 1974 is Annual status amended by adding the following new subsection at the end thereof: report. "(d) The Executive Director shall prepare and forward to the Com-. mission an annual report (for the fiscal year 1978 and each succeeding fiscal year) on the status of the Commission's programs concerning domestic safeguards matters including an assessment of the effectiveness and adequacy of safeguards at facilities and activities licensed |