Public Law 96-295 (93 Stat.780)

94 STAT. 780

PUBLIC LAW 96-295—JUNE 30, 1980
Public Law 96-295
96th Congress
An Act

June 30, 1980
[S. 562]

Nuclear
Regulatory
Commission.
Appropriation
authorization.

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 ofAmerica in Congress assembled,
TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR
FISCAL YEAR 1980

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 appropriated 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 Safeguards 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, including 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 Administration.
(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 adjournment of more than 3 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
(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

Transfers of
sums.

42 u s e 2133,
2134.

Regulations.

PUBLIC LAW 96-295—JUNE 30, 1980
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 reviewing 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 appropriation 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 pursuant 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
promulgate regulations establishing demographic requirements for
the siting of utilization facilities. Such regulations shall be promulgated 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 promulgation 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 wasfiledon 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 recommendations to State and local land use planning authorities having jurisdiction 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 recommendations 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 requirement 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

79-194

O—81—pt. 1

53 : QL3

94 STAT. 783
Notice and
hearing.
"Utilization
facility."
42 u s e 2133,
2134.

"Accidental
release."

Information and
recommendations.

94 STAT. 784

"Utilization
facility."
42 u s e 2133,
2134.

Rules.

Review of plans.

Report to
congressional
committees.

PUBLIC LAW 96-295—JUNE 30, 1980
(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 Emergency 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 appropriate agencies, which provide for the response to a radiological 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 emergency response plan which provides for responding
to any radiological emergency at the facility concerned 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 subclause (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 promulgated 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 emergency 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 recommendations 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 corresponding to the representative warning times for various different
t5T)es of accidents.
SEC. 110. (a) Of the amounts authorized to be appropriated pursuant to section 101(a), such sums as may be necessary shall be used by
the Nuclear Regulatory Commission to develop, submit to the Congress, and implement, as soon as practicable after notice and opportunity 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.
42 use 2184.

42 use 2237.

42 use 2283.

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
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
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:
"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
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, intimidates, 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 constructing, 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
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
term 'basic component' means a facility structure, system, component 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
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
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:

94 STAT. 787

"Basic
<=o™Ponent.

42 use 2133,
^^^^
42 use 2284.

"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, temporarily 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 material covered by such an agreement creating danger which requires 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.

Regulations.

42 use 2282.
42 use 2273.

"SEC. 147. SAFEGUARDS INFORMATION.—

"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 Commission 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 paragraphs (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 significantly 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 significant 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 quantities 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
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.
"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 applicability 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 Commission intends to protect from disclosure under the regulation or
order;
"(2) specifically states the Commission's justification for determining 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, diversion, or sabotage of such material or such facility, as specified
under subsection (a) of this section; and
"(3) provides justification, including proposed alternative regulations 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 pursuant to such regulation or order;
"(2) specifically state the Commission's justification for determining that unauthorized disclosure of the information protected 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, diversion 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 information, 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

"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.

PUBLIC LAW 96-295—JUNE 30, 1980
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 significant 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 effectiveness of all levels of agency management in carrying out the Commission'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 Regulatory Commission shall establish a mechanism for instantaneous and
uninterrupted verbal communication between each utilization facility 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 Commission headquarters, the Commission regional office. Commission
representatives at the facility site, senior management officials and

PUBLIC LAW 96-295—JUNE 30, 1980
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 legislative measures necessary to facilitate expeditious and reliable communications in case of an accident which could result in an unplanned 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 requirements 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 feasibility 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.

94 STAT. 791

Report to
Congress.

42 u s e 2133,
2134.

Plan,
development.
42 u s e 2137
note.

42 u s e 2137.

Plan,
transmittal to
Congress.

94 STAT. 792
Study.
42 use 2137.
Report to
Congress.

42 use 2051
note.

42 use 2051
''°^-

PUBLIC LAW 96-295—JUNE 30, 1980
(b) The Nuclear R^ulatory Commission is authorized and directed
to undertake a study of the feasibility and value of licensing, under
section 107 of the Atomic E n e i ^ Act of 1954, plant managers of
utilization facihties and senior licensee officers responsible for operation of such facilities. The Commission shall report to the 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 requiring 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
Year 1979 (Public Law 95-601), the Nuclear Regulatory Commission
and the Environmental Protection Agency, in consultation with the
Secretary of Health and Human Services, shall evaluate the feasibility of epidemiological research on the health effects of low-level
ionizing radiation exposure to licensee, contractor, and subcontractor
employees as a result of—
(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 radioactive 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.
(b) Section 5(d) of the Nuclear Regulatory Commission Authorization Act for Fiscal Year 1979 (Public Law 95-601), is amended by
striking "September 30,1979" and inserting in lieu thereof "September 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 ConferSENATE 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.