complaint without the participation and consent of the complainant. (B) If, in response to a complaint filed under para- Relief. graph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation to (i) take affirmative action to abate the violation, and (ii) reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, and the Secretary may order such person to provide compensatory damages to the complainant. If an order is issued under this paragraph, the Secretary, at the request of the complainant shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. . "(c) (1) Any person adversely affected or aggrieved Review. by an order issued under subsection (b) may obtain review of the order in the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the Secretary's order. Review shall conform to chapter 7 of title 5 of the United States Code. The commencement of proceedings under this subparagraph 5 USC 701 shall not, unless ordered by the court, operate as a stay of the Secretary's order. "(2) An order of the Secretary with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in any criminal or other civil proceeding. et seq. "(d) Whenever a person has failed to comply with an Jurisdiction. order issued under subsection (b) (2), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this subsection, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages. "(e) (1) Any person on whose behalf an order was issued under paragraph (2) of subsection (b) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. Litigative costs. 42 USC 2011 note. Report to Congress. 42 USC 2205a. Authority extension, study. 42 USC 5842 note. Cooperation. Report to Waste storage "(2) The court, in issuing any final order under this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. "(f) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28 of the United States Code. "(g) Subsection (a) shall not apply with respect to any employee who, acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of this Act or of the Atomic Energy Act of 1954, as amended.". SEC. 11. The Commission shall report to the Congress on January 1, 1979, and annually thereafter on the use of contractors, consultants, and the National Laboratories by the Commission. Such report shall include, for each contract issued, in progress or completed during fiscal year 1978, information on the bidding procedure, nature of the work, amount and duration of the contract, progress of work, relation to previous contracts, and the relation between the amount of the contract and the amount actually spent. SEC. 12. (a) The Commission, in cooperation with the Department of Energy, is authorized and directed to conduct a study of extending the Commission's licensing or regulatory authority to include categories of existing and future Federal radioactive waste storage and disposal activities not presently subject to such authority. (b) Each Federal agency, subject to the provisions of existing law, shall cooperate with the Commission in the conduct of the study. Such cooperation shall include providing access to existing facilities and sites and providing any information needed to conduct the study which the agency may have or be reasonably able to acquire. (c) On or before March 1, 1979, the Commission shall submit a report to the Congress containing the results of the study. The report shall include a complete listing and inventory of all radioactive waste storage and disposal activities now being conducted or planned by Federal agencies. SEC. 13. 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. SEC. 14. (a) Any person, agency, or other entity proposing to develop a storage or disposal facility, including a test disposal facility, for high-level radioactive wastes. non-high-level radioactive wastes including transuranium contaminated wastes, or irradiated nuclear reactor fuel, shall notify the Commission as early as possible after the commencement of planning for a particular pro posed facility. The Commission shall in turn notify the Governor and the State legislature of the State of proposed situs whenever the Commission has knowledge of such proposal. report. (b) The Commission is authorized and directed to pre- State pare a report on means for improving the opportunities participation, for State participation in the process for siting, licensing, and developing nuclear waste storage or disposal facilities. Such report shall include detailed consideration of a program to provide grants through the Commission to any State and the advisability of such a program, for the purpose of conducting an independent State review of any proposal to develop a nuclear waste storage or disposal facility identified in subsection (a) within such State. On or before March 1, 1979, the Commission shall submit the report to the Congress including recommendations for improving the opportunities for State partici- to Congress. pation together with any necessary legislative proposals. Approved November 6, 1978. submittal with legislative recommendations INDEX TO LEGISLATIVE HISTORY OF PUBLIC LAW 95-601 (S. 2584) (Page references are to the daily editions of the Congressional Record, 95th Congress, 2nd session) S. 2584 introduced by Mr. Hart (by request), February 24, 1978, S2304. Hearings: Environment and Public Works Committee, Nuclear Re lations subcommittee. April 10, 18, 26, 1978. Full committee markup, May 8, 1978. Senate Report filed (S. Rept. 95-848), May 15, 1978. S7461. Considered and passed by the Senate, amended, September 18, 1978, S15310, S15332. Considered and passed by the House, October 4, 1978, H11482. Senate disagrees to the House amendments and asks for a conference; conferees appointed, October 10, 1978, S18079. House insists on its amendments and agrees to a conference; conferees appointed, October 13, 1978, H13301. Conference Report submitted in the House and agreed to, October 14, 1978, H12978. Conference Report submitted in the Senate and agreed to, October 14, 1978, S19017. Examined and signed by the Speaker of the House, October 15, 1978, H13696. Examined and signed by the President pro tempore of the Senate, October 15, 1978. Presented to the President, October 27, 1978. Approved as Public Law 95-601, November 6, 1978. COMPANION BILL-H.R. 12355 H.R. 12355 introduced by Mr. Udall, April 25, 1978, H3233. Report filed in the House (H. Rept. 95-1089, Pt. I), April 26, 1978, H3324. Report filed in the House (H. Rept. 95-1089, Pt. II), May 15, 1978, H3948. Considered and passed by the House, amended, laid on table, S. 2584 passed in lieu, October 3, 4, 1978, H11361, H11485. PART VI. ERDA AUTHORIZATION ACTS PUBLIC LAW 94-187 (ERDA AUTHORIZATION ACT [94TH CONGRESS, H.R. 3474] AN ACT To authorize appropriations to the Energy Research and Development Administration in accordance with section 261 of the Atomic Energy Act of 1954, as amended, section 305 of the Energy Reorganization Act of 1974, and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Energy TITLE I-AUTHORIZATION OF APPROPRIA- Research and TIONS FOR FISCAL YEAR 1976 Development. Administration appropriation SEC. 101. There is hereby authorized to be appropriated authorization. to the Energy Research and Development Administration in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2017), section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.Č. 5915): (a) For "Operating expenses", for the following programs, a sum of dollars equal to the total of the following amounts: (1) FOSSIL ENERGY DEVELOPMENT.(A) Coal liquefaction: Costs, $96,897,000. Changes in selected resources, $665,000. (B) High Btu gasification (coal): Costs, $37,838,000. Changes in selected resources, $20,526,000. (C) Low Btu gasification (coal): Costs, $54,671,000. Changes in selected resources, (minus) $4,282, 000. Provided, That not less than 20 per centum of the |