ment 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 Secretary written notice to the effect that such committee has no objection to the proposed action. PROJECT COST VARIATION PROVISION Sec. 202. (a) No project for which appropriations are authorized in section 102 (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 Secretary 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. 203. The Secretary is authorized to start any project set forth under section 102 (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 Secretary 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. AVAILABILITY OF FUNDS SEC. 204. Subject to the provisions of appropriations Acts, amounts appropriated pursuant to sections 101 and 102 of this Act for policy and management activities, for general plant projects, and for plant engineering and design are available for use, when necessary, in connection with all national security programs of the Department of Energy. AUTHORIZATION TO PERFORM CONSTRUCTION DESIGN SERVICES SEC. 205. The Secretary is authorized to perform construction design services for any construction project of the Department of Energy in support of national security programs which have been presented to, or requested of, the Congress in amounts not in excess of the amount Notification to specified in section 102 (5). In any case in which the estimated design cost for any project is in excess of $300,000, the Secretary shall notify the appropriate Committees of Congress in writing of the estimated design cost for such project at least 30 days before any funds are obligated for design services for such project. congressional committees. Submittal to Submittal to ADJUSTMENTS FOR PAY INCREASES SEC. 206. Appropriations authorized by this Act for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law. RESTRICTIONS ON THE B43 BOMB SEC. 207. No funds authorized to be appropriated by this Act may be used for the testing, modernization, rebuilding, or replacement of any component of the B43 bomb, except that such funds may be used for quality and reliability testing of such bomb and for the replace ment of limited-life components of such bomb. FUTURE REQUESTS OF AUTHORIZATIONS FOR APPROPRIATIONS SEC. 208. The Secretary shall submit to the Congress for fiscal year 1980, and for each subsequent fiscal year, a single request for authorizations for appropriations for all programs of the Department of Energy involving scientific research and development in support of the armed forces, military applications of nuclear energy, strategic and critical materials necessary for the common defense, and other programs which involve the com mon defense and security of the United States. STUDY OF CAPITAL INVESTMENT REQUIREMENTS SEC. 209. (a) The Secretary shall conduct a study of USC 7271 note. the status of all Government-owned, contractor-operated. plant, capital equipment, facilities, and utilities which support the United States nuclear weapons program and submit the results of such study to the Congress at the same time that the Department of Energy authorization request for fiscal year 1980 is submitted to the Congress. (b) The Secretary shall include in such report— (1) an analysis of the measures required to restore the nuclear weapons complex of the United States. to a satisfactory condition, and (2) a plan containing proposed schedules for carrying out and funding any restoration found to be necessary. REQUIREMENT FOR MILITARY PERSONNEL DETAILED TO THE END STRENGTHS SEC. 210. Section 625 (b) of the Department of Energy Organization Act (91 Stat. 598) is amended by striking 42 USC 7235. out the second sentence. RESTRICTIONS ON SM-2 WARHEAD SEC. 211. None of the funds authorized to be appropriated by this or any other Act may be obligated or expended for the development of nuclear warhead for the SM-2 standard missile until an arms control impact statement for such warhead has been filed with the Congress. Approved October 24, 1978. INDEX TO LEGISLATIVE HISTORY OF PUBLIC LAW 95-509 (H.R. 11686) (Page references are to the daily editions of the Congressional Record, 95th Congress, 2d session) H.R. 11686 introduced by Mr. Price, March 21, 1978, H2297. Hearings: Armed Services Committee, Subcommittee on Intelligence and Military Application of Nuclear Energy. February 15, 1978. Subcommittee markup. March 17, 1978. House Report filed (H. Rept. 95-1108), May 3, 1978, H3570. Considered and passed by the Senate, amended, in lieu of S. 2693, September 30, 1978, S16733-S16737. House agreed to Senate amendment, October 11, 1978, H12039. Examined and signed by the Speaker of the House, October 13, 1978, H12704. Examined and signed by the President pro tempore of the Senate, Presented to the President, October 14, 1978, H13702. COMPANION BILL S. 2693 S. 2693 introduced by Mr. Jackson (by request), March 8, 1978, S3250. Hearings: 1. Armed Services Committee, Arms Control subcommittee (executive session). April 24, 1978. Full committee hearing (executive session). May 19, 1978. Full committee markup. May 25, 1978. 2. Energy and Natural Resources. February 21, 28, March 1, 3, 8, 13, 16, 20, 21, April 4, 7, May 15, 1978. Full committee markup May 24. June 7, 1978. Joint report filed in the Senate (S. Rept. 95-961), June 28, 1978, S10048. Considered and indefinitely postponed in the Senate, H.R. 11686 passed in lieu, September 30, 1978, S16737. PART VIII. EURATOM COOPERATION ACT OF 1958 AND CONCURRENT RESOLUTION PUBLIC LAW 85-846 [S. 4273] AN ACT To provide for cooperation with the European Atomic Energy Community. Be it enacted by the Senate and House of Representa- EURATOM tives of the United States of America in Congress assembled, That this Act may be cited as the "EURATOM Cooperation Act of 1958". SEC. 2. As used in this Act Cooperation (a) "The Community" means the European Atomic Definitions Energy Community (EURATOM). (b) The "Commission" means the Atomic Energy Commission, as established by the Atomic Energy Act of 1954, as amended. (c) "Joint program" means the cooperative program established by the Community and the United States and carried out in accordance with the provisions of an agreement for cooperation entered into pursuant to the provisions of section 123 of the Atomic Energy Act of 1954, as amended, to bring into operation in the territory of the members of the Community powerplants using nuclear reactors of types selected by the Commission and the Community, having as a goal a total installed capacity of approximately one million kilowatts of electricity by December 31, 1963, except that two reactors may be selected to be in operation by December 31, 1965. (d) All other terms used in this Act shall have the same meaning as terms described in section 11 of the Atomic Energy Act of 1954, as amended. development program. SEC. 3. There is hereby authorized to be appropriated Research and to the Commission, in accordance with the provisions of section 261 (a) (2) of the Atomic Energy Act of 1954, as amended,1 the sum of $3,000,000 2 as an initial authorization for fiscal year 1959 for use in a cooperative program of research and development in connection with the types of reactors selected by the Commission and the Community under the joint program. The Commission may enter into contracts for such periods as it deems 1 Public Law 88-72 (77 Stat. 84) (1963), sec. 107, amended section 261a. See footnotes to that section, supra. 2 Public Law 86-50 (sec. 109), Public Law 87-701 (sec. 109), Public Law 88-72 (sec. 103). Public Law 88-332 (sec. 101(a)), and Public Law 89-32 (sec. 101), authorized appropriation of an additional $7,000,000. $5,000,000, $7,500,000, $3.000,000, and $3,000,000, respectively. |