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priated to the Energy Research and Development Administration for fiscal year 1978, for projects previously authorized, as follows:

(1) For project 71-9, fire, safety, and adequacy of operating conditions projects, various locations $40,000,000, for a total authorization of $280,000,000.

(2) For project 75-1-c, new waste calcining facility, Idaho Chemical Processing Plant, National Reactor Testing Station, Idaho, $28,500,000, for a total authorization of $65,000,000.

(3) For project 75-3-b, high energy laser facility, Los Alamos Scientific Laboratory, New Mexico, $31,900,000, for a total authorization of $54,500,000.

(4) For project 77-3-a, electron beam fusion facilities, Sandia Laboratories, Albuquerque, New Mexico, $4,400,000, for a total authorization of $13,500,000.

(5) For project 77-11-a, safeguards and research and development laboratory facility, Sandia Laboratories, Albuquerque, New Mexico, $4,300,000, for a total authorization of $8,300,000.

(6) For project 77-11-b, safeguards and site security improvements, various locations, $7,800,000, for a total authorization of $13,500,000.

(7) For project 77-11-c, 8-inch artillery fired atomic projectile production facilities, various locations, $12,600,000, for a total authorization of $22,600,000.

(8) For project 77-13-a, fluorinel dissolution process and fuel receiving improvements, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho (A-E and long-lead procurement), $5,000,000, for a total authorization of $15.000.000.

(9) For project 77-13-d. high level waste storage and waste management facilities, Savannah River, South Carolina, $31,000,000, for a total authorization of $56,000,000.

(10) For project 77-13-e, high level waste storage and handling facilities, Richland, Washington, $22,000,000, for a total authorization of $40.000.000.

(11) For project 77-13-f, waste isolation pilot plant (A-E, land acquisition, and long-lead procurement), Delaware Basin, southeast New Mexico, $22,000,000, for a total authorization of $28.000.000.

(12) For project 77-13-g. safeguards and security upgrading production facilities, multiple sites, $8,700,000, for a total authorization of $16,400,000.

Notice to congressional committees.

Notice to congressional committees.

TITLE III-GENERAL PROVISIONS

REPROGRAMMING

SEC. 301. Except as otherwise provided in this Act(1) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by this Act, and

(2) no amount appropriated pursuant to this Act may be used for any program which has not been. presented to, or requested of, the Congress, unless a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the receipt by the Committee on Armed Services and on Appropriations of the House of Representatives and the Senate of notice. given by the Administrator of Energy Research and Development (hereinafter in this title referred to as the "Administrator") 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 unless each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.

PROJECT COST VARIATION PROVISIONS

SEC. 302. (a) No project for which appropriations are authorized in section 202 (1), (2), or (3) may be started if the current estimated cost of such project exceeds by more than 25 percent the amount authorized for such project.

(b) At any time the current estimated cost of any such project under construction exceeds by more than 25 percent the total amount authorized by law for such project, the Administrator shall (1) promptly notify the appropriate committees of the Congress of such fact and include in the notification an explanation for the increased cost of the project and the revised current estimated cost figures for such project, and (2) not proceed with such project unless and until additional funds for such project are authorized by law.

(c) The provisions of this section shall not apply to any project which has a current estimated cost of less than $5,000,000.

LIMITS ON GENERAL PLANT PROJECTS

SEC. 303. The Administrator is authorized to start any project set forth under section 202 (4) only if

(1) the then maximum currently estimated cost of such project does not exceed $750,000 and the then maximum currently estimated cost of any building included in such project does not exceed $300,000, except that the building cost limitation may be exceeded if the Administrator determines that it is necessary to do so in the interest of efficiency and economy; and

(2) the total cost of all projects undertaken under such section does not exceed the estimated cost set forth in such section by more than 25 percent.

AUTHORITY TO MERGE FUNDS

SEC. 304. Subject to the applicable requirements and limitations of this Act and to the extent specified in appropriation Acts, amounts appropriated to the Energy Research and Development Administration pursuant to this Act for operating expenses or for plant and capital equipment may be merged with any other amounts appropriated for operating expenses or for plant and capital equipment, respectively, pursuant to any other Act authorizing appropriations for the Energy Research and Development Administration.

FUNDS TO REMAIN AVAILABLE UNTIL EXPENDED

SEC. 305. To the extent specified in appropriation Acts, amounts appropriated pursuant to this Act for operating expenses or plant and capital equipment may remain available until expended.

AVAILABILITY OF FUNDS

SEC. 306. Subject to the provisions of section 301(2), amounts appropriated pursuant to this Act for activities under sections 202 (4) and 202 (5) are available for use, when necessary, in connection with all national security programs of the Energy Research and Development Administration.

AUTHORIZATION TO PERFORM CONSTRUCTION DESIGN SERVICES

SEC. 307. The Administrator is authorized to perform construction design services for any construction project of the Energy Research and Development Administration in support of national security programs in amounts not in excess of the amount specified in section 202 (5).

AUTHORITY TO USE CERTAIN MONEYS AND FEES

SEC. 308. To the extent specified in appropriation Acts, any moneys received by the Energy Research and Development Administration (except sums received from

disposal of property under the Atomic Energy Community Act of 1955 (42 U.S.C. 2301) and the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98) and fees received for tests or investigations under the Act of May 16, 1910 (30 U.S.C. 7)), may be retained and used for operating expenses, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U. S. C. 484), and may remain available until expended.

AUTHORITY TO TRANSFER FUNDS TO OTHER AGENCIES

SEC. 309. To the extent specified in appropriation Acts, funds appropriated to the Energy Research and Development Administration for operating expenses may be transferred to other agencies of the Government for the performance of work for which such funds were appropriated, and funds so transferred may be merged with the appropriations of the agency to which transferred.

REFERENCES

SEC. 310. All references in this Act to the Energy Research and Development Administration and the Administrator of Energy Research and Development shall be deemed to be references to the Department of Energy and the Secretary of Energy, respectively.

INDEX TO LEGISLATIVE HISTORY OF PUBLIC LAW 95-183 (S. 1339)

(References are to pages in the daily edition of the Congressional Record, 95th Cong., 1st session)

S. 1339 introduced by Mr. Stennis (by request), April 21, 1977, S6107. Hearings: Executive hearings held by Committee on Armed Services, March 25, 1977.

Reported with amendment (S. Rept. 95-212), May 16, 1977, S7664. Considered and passed by the Senate, amended; title amended, May 23, 1977, S8371.

Considered and passed by the House, amended, in lieu of H.R. 6566; title amended, September 29, 1977, H10357.

Senate disagreed to House amendments and asked for a conference; conferees appointed, October 6, 1977, S16497.

House insisted on its amendments and agreed to a conference; conferees appointed, October 12, 1977, H10814.

Conference report (H. Rept. 95-775) submitted in the House and agreed to, October 28, 1977 (H11783), and November 2, 1977 (H12038).

Conference report submitted in the Senate and agreed to, November 3, 1977.

Examined and signed by the President pro tempore of the Senate, November 3, 1977, S18649.

Examined and signed by the Speaker of the House, November 3, 1977, H12240.

Presented to the President, November 4, 1977, S18884.
Approved as Public Law 95-183, November 15, 1977, S19259.

COMPANION BILL-H.R. 6566

H.R. 6566 introduced by Mr. Price (by request), April 22, 1977, H3473.

Hearings: Subcommittee on Intelligence and Military Application of Nuclear Energy of the Armed Services Committee, February 28; March 1, 1977.

Reported with amendment (H. Rept. 95-272, pt. I), May 9, 1977, H4211.

Referred to the Committee on Science and Technology, May 9, 1977, H4211.

Reported with amendment (H. Rept. 95-272, pt. II), May 16, 1977, H4497.

Considered in the House, September 13, 1977, H9307-08.

Considered and passed by the House. amended; title amended; proceedings on H.R. 6566 vacated and S. 1339 with House amendments passed in lieu thereof; H.R. 6566 laid on the table, September 29, 1977, H10286, H10333-57, H10360.

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