ards. Such guidelines and criteria may allow for such participation if it is in the public interest and relates to the purposes of this Act, but in no event may such employees who are participating in their official capacity be allowed under such guidelines or criteria to vote on any matter relating to commercial standards. "(f) As used in this section, the term 'commercial standards' "Commercial means 66 66 66 66 66 specifications of materials; 3) criteria for adequate performance or operation; classification of components; delineation of procedures or definition of terms; measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or "(8) similar rules, procedures, requirements, or standards; which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, requirement, or standard shall be considered to be the same as the promulgation of such standard.". CONFLICT OF INTEREST SEC. 10. Part A of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.), as amended by this Act, is amended by adding at the end thereof the following: "ORGANIZATIONAL CONFLICTS standards." Contracts. "SEC. 33. (a) The Administrator shall, by rule, require any person proposing to enter into a contract, agreement, or other arrangement, 15 USC 789. whether by competitive bid or negotiation, under this Act or any other law administered by him for the conduct of research, development, evaluation activities, or for technical and management support services, to provide the Administrator, prior to entering into any such contract, agreement, or arrangement, with all relevant information, as determined by the Administrator, bearing on whether that person has a possible conflict of interest with respect to "(1) being able to render impartial, technically sound, or objective assistance or advice in light of other activities or relationships with other persons, or "(2) being given an unfair competitive advantage. Such person shall insure, in accordance with regulations prescribed by the Administrator, compliance with this section by any subcontractor (other than a supply subcontractor) of such person in the case of any subcontract of more than $10,000. "(b) The Administrator shall not enter into any such contract, agreement, or arrangement unless he finds, after evaluating all information provided under subsection (a) and any other information otherwise available to him that "(1) it is unlikely that a conflict of interest would exist, or (2) such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement; Rules, publication. except that if he determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Administrator may enter into such contract, agreement, or arrangement, if he determines that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict. "(c) The Administrator shall publish rules for the implementation of this section, in accordance with section 553 of title 5, United States Code (without regard to subsection (a) (2) thereof) as soon as practicable after the date of the enactment of this section, but in no event later than 120 days after such date.". Approved July 21, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-323 accompanying H.R. 6794 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-123 (Comm. on Energy and Natural Resources). May 11, considered and passed Senate. June 6, considered and passed House, amended, in lieu of H.R. 6794. 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 O 79 2 |