II

103D CONGRESS

1ST SESSION S. 1255

To authorize appropriations for the Department of Energy for national

security programs for fiscal year 1994, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 16 (legislative day, JUNE 30), 1993

Mr. NUNN (for himself and Mr. THURMOND) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To authorize appropriations for the Department of Energy

for national security programs for fiscal year 1994, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Department of Energy

4 National Security Programs Authorization Act for Fiscal

5 Year 1994’’.
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1 Subtitle A—National Security Programs

2 Authorizations

3 SEC. 101. WEAPONS ACTIVITIES.

4 (a) OPERATING EXPENSES.—Funds are authorized

5 to be appropriated to the Department of Energy for fiscal

6 year 1994 for operating expenses incurred in carrying out

7 weapons activities necessary for national security pro8 grams in the amount of $3,768,954,000, to be allocated

9 as follows:

10 (1) For research and development,

11 $1,119,325,000.

12 (2) For testing, $428,383,000.

13 (3) For stockpile support, $1,802,280,000.

14 (4) For program direction, $280,466,000.

15 (5) For complex reconfiguration, $138,500,000.

16 (b) PLANT PROJECTS.—Funds are authorized to be

17 appropriated to the Department of Energy for fiscal year

18 1994 for plant projects (including maintenance, restora19 tion, planning, construction, acquisition, modification of

20 facilities, and the continuation of projects authorized in

21 prior years, and land acquisition related thereto) that are

22 necessary for national security programs and are associ23 ated with weapons activities as follows:

24 Project GPD–101, general plant projects, var25 ious locations, $16,500,000.
3

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1 Project GPD–121, general plant projects, var2 ious locations, $7,700,000.

3 Project 94–D–102, nuclear weapons research,

4 development, and testing facilities revitalization,

5 Phase V, various locations, $11,110,000.

6 Project 94–D–124, hydrogen fluoride supply

7 system, Oak Ridge Y–12 Plant, Oak Ridge, Ten8 nessee, $5,000,000.

9 Project 94–D–125, upgrade life safety, Kansas

10 City Plant, Kansas City, Missouri, $1,000,000.

11 Project 94–D–127, emergency notification sys12 tem, Pantex Plant, Amarillo, Texas, $1,000,000.

13 Project 94–D–128, environmental safety and

14 health analytical laboratory, Pantex Plant, Amarillo,

15 Texas, $800,000.

16 Project 93–D–102, Nevada support facility,

17 North Las Vegas, Nevada, $4,000,000.

18 Project 93–D–122, life safety upgrades, Y–12

19 Plant, Oak Ridge, Tennessee, $5,000,000.

20 Project 93–D–123, complex-21, various loca21 tions, $25,000,000.

22 Project 92–D–102, nuclear weapons research,

23 development, and testing facilities revitalization,

24 Phase IV, various locations, $27,479,000.
4

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1 Project 92–D–126, replace emergency notifica2 tion systems, various locations, $10,500,000.

3 Project 90–D–102, nuclear weapons research,

4 development, and testing facilities revitalization,

5 Phase III, various locations, $30,805,000.

6 Project 88–D–106, nuclear weapons research,

7 development, and testing facilities revitalization,

8 Phase II, various locations, $39,624,000.

9 Project 88–D–122, facilities capability assur10 ance program, various locations, $27,100,000.

11 Project 88–D–123, security enhancements,

12 Pantex Plant, Amarillo, Texas, $20,000,000.

13 (c) CAPITAL EQUIPMENT.—Funds are authorized to

14 be appropriated to the Department of Energy for fiscal

15 year 1994 for capital equipment not related to construc16 tion for weapons activities necessary for national security

17 programs in the amount of $123,034,000, to be allocated

18 as follows:

19 (1) For research and development,

20 $82,879,000.

21 (2) For testing, $24,400,000.

22 (3) For stockpile support, $12,136,000.

23 (4) For program direction, $3,619,000.

24 (d) ADJUSTMENTS.—The total amount authorized to

25 be appropriated pursuant to this section is the sum of the
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1 amounts specified in subsections (a) through (c) reduced

2 by $353,641,000 for use of prior year balances.

3 SEC. 102. ENVIRONMENTAL RESTORATION AND WASTE

4 MANAGEMENT.

5 (a) OPERATING EXPENSES.—Funds are authorized

6 to be appropriated to the Department of Energy for fiscal

7 year 1994 for operating expenses incurred in carrying out

8 environmental restoration and waste management activi9 ties necessary for national security programs in the

10 amount of $4,832,213,000, to be allocated as follows:

11 (1) For corrective activities, $2,170,000.

12 (2) For environmental restoration,

13 $1,536,027,000.

14 (3) For waste management, $2,275,441,000.

15 (4) For technology development, $371,150,000.

16 (5) For transportation management,

17 $19,730,000.

18 (6) For program direction, $82,427,000.

19 (7) For facility transition, $545,268,000.

20 (b) PLANT PROJECTS.—Funds are authorized to be

21 appropriated to the Department of Energy for fiscal year

22 1994 for plant projects (including maintenance, restora23 tion, planning, construction, acquisition, modification of

24 facilities, and the continuation of projects authorized in

25 prior years, and land acquisition related thereto) that are
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1 necessary for national security programs and are associ2 ated with environmental restoration and waste manage3 ment activities as follows:

4 Project GPD–171, general plant projects, var5 ious locations, $49,015,000.

6 Project 94–D–122, underground storage tanks,

7 Rocky Flats, Colorado, $700,000.

8 Project 94–D–400, high explosive wastewater

9 treatment system, Los Alamos National Laboratory,

10 Los Alamos, New Mexico, $1,000,000.

11 Project 94–D–401, emergency response facility,

12 Idaho National Engineering Laboratory, Idaho,

13 $1,190,000.

14 Project 94–D–402, liquid waste treatment sys15 tem, Nevada Test Site, Nevada, $491,000.

16 Project 94–D–404, Melton Valley storage tank

17 capacity increase, Oak Ridge National Laboratory,

18 Oak Ridge, Tennessee, $9,400,000.

19 Project 94–D–405, central neutralization facil20 ity pipeline extension project, K–25, Oak Ridge,

21 Tennessee, $1,714,000.

22 Project 94–D–406, low-level waste disposal fa23 cilities, K–25, Oak Ridge, Tennessee, $6,000,000.

24 Project 94–D–407, initial tank retrieval sys25 tems, Richland, Washington, $7,000,000.
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1 Project 94–D–408, office facilities–200 East,

2 Richland, Washington, $1,200,000.

3 Project 94–D–411, solid waste operation com4 plex, Richland, Washington, $7,100,000.

5 Project 94–D–412, 300 area process sewer pip6 ing upgrade, Richland, Washington, $1,100,000.

7 Project 94–D–414, site 300 explosive waste

8 storage facility, Lawrence Livermore National Lab9 oratory, Livermore, California, $370,000.

10 Project 94–D–415, medical facilities, Idaho Na11 tional Engineering Laboratory, Idaho, $1,110,000.

12 Project 94–D–416, solvent storage tanks instal13 lation, Savannah River, South Carolina, $1,500,000.

14 Project 94–D–417, intermediate level and low

15 activity waste vaults, Savannah River Site, Aiken,

16 South Carolina, $1,000,000.

17 Project 94–D–451, infrastructure replacement,

18 Rocky Flats Plant, Golden, Colorado, $6,600,000.

19 Project 93–D–172, electrical upgrade, Idaho

20 National Engineering Laboratory, Idaho,

21 $9,600,000.

22 Project 93–D–174, plant drain waste water

23 treatment upgrades, Y–12 Plant, Oak Ridge, Ten24 nessee, $3,500,000.
8

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1 Project 93–D–175, industrial waste compaction

2 facility, Y–12 Plant, Oak Ridge, Tennessee,

3 $1,800,000.

4 Project 93–D–176, Oak Ridge reservation stor5 age facility, Oak Ridge, Tennessee, $6,039,000.

6 Project 93–D–177, disposal of K–1515 sanitary

7 water treatment plant waste, K–25, Oak Ridge,

8 Tennessee, $7,100,000.

9 Project 93–D–178, building 374 liquid waste

10 treatment facility, Rocky Flats Plant, Golden, Colo11 rado, $1,000,000.

12 Project 93–D–181, radioactive liquid waste line

13 replacement, Richland, Washington, $6,700,000.

14 Project 93–D–182, replacement of cross-site

15 transfer system, Richland, Washington, $6,500,000.

16 Project 93–D–183, multi-function waste reme17 diation facility, Richland, Washington, $52,615,000.

18 Project 93–D–184, 325 facility compliance/ren19 ovation, Pacific Northwest Laboratory, Richland,

20 Washington, $3,500,000.

21 Project 93–D–185, landlord program safety

22 compliance, Phase II, Richland, Washington,

23 $1,351,000.
9

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1 Project 93–D–187, high-level waste removal

2 from filled waste tanks, Savannah River, South

3 Carolina, $13,230,000.

4 Project 93–D–188, new sanitary landfill, Sa5 vannah River, South Carolina, $1,020,000.

6 Project 92–D–125, master safeguards and secu7 rity agreement/materials surveillance task force se8 curity upgrades, Rocky Flats Plant, Golden, Colo9 rado, $3,900,000.

10 Project 92–D–172, hazardous waste treatment

11 and processing facility, Pantex Plant, Amarillo,

12 Texas, $300,000.

13 Project 92–D–173, NOx abatement facility,

14 Idaho Chemical Processing Plant, Idaho National

15 Engineering Laboratory, Idaho, $10,000,000.

16 Project 92–D–177, tank 101–AZ waste re17 trieval system, Richland, Washington, $7,000,000.

18 Project 92–D–181, fire and safety improve19 ments, Idaho National Engineering Laboratory,

20 Idaho, $5,000,000.

21 Project 92–D–182, sewer system upgrade,

22 Idaho National Engineering Laboratory, Idaho,

23 $1,450,000.
10

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1 Project 92–D–183, transportation complex,

2 Idaho National Engineering Laboratory, Idaho,

3 $7,198,000.

4 Project 92–D–184, Hanford infrastructure un5 derground storage tanks, Richland, Washington,

6 $300,000.

7 Project 92–D–186, steam system rehabilitation,

8 Phase II, Richland, Washington, $4,300,000.

9 Project 92–D–187, 300 area electrical distribu10 tion conversion and safety improvements, Phase II,

11 Richland, Washington, $10,276,000.

12 Project 92–D–188, waste management environ13 ment, safety and health, and compliance activities,

14 various locations, $8,568,000.

15 Project 92–D–403, tank upgrade project, Law16 rence Livermore National Laboratory, California,

17 $3,888,000.

18 Project 91–D–171, waste receiving and process19 ing facility, module 1, Richland, Washington,

20 $17,700,000.

21 Project 91–D–175, 300 area electrical distribu22 tion, conversion, and safety improvements, Phase I,

23 Richland, Washington, $1,500,000.

24 Project 90–D–172, aging waste transfer line,

25 Richland, Washington, $5,600,000.
11

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1 Project 90–D–175, landlord program safety

2 compliance Phase I, Richland, Washington,

3 $1,800,000.

4 Project 90–D–177, RWMC transuranic waste

5 characterization and storage facility, Idaho National

6 Engineering Laboratory, Idaho, $21,700,000.

7 Project 89–D–172, Hanford environmental

8 compliance, Richland, Washington, $11,700,000.

9 Project 89–D–173, tank farm ventilation up10 grade, Richland, Washington, $1,800,000.

11 Project 89–D–174, replacement high-level waste

12 evaporator, Savannah River, South Carolina,

13 $23,974,000.

14 Project 89–D–175, hazardous waste/mixed

15 waste disposal facility, Savannah River, South Caro16 lina, $7,000,000.

17 Project 88–D–173, Hanford waste vitrification

18 plant, Richland, Washington, $85,000,000.

19 Project 87–D–181, diversion box and pump pit

20 containment buildings, Savannah River, South Caro21 lina, $2,137,000.

22 Project 86–D–103, decontamination and waste

23 treatment facility, Lawrence Livermore National

24 Laboratory, Livermore, California, $10,260,000.
12

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1 Project 83–D–148, non-radioactive hazardous

2 waste management, Savannah River, South Caro3 lina, $9,769,000.

4 Project 81–T–105, defense waste processing fa5 cility, Savannah River, South Carolina, $43,873,000.

6 (c) CAPITAL EQUIPMENT.—Funds are authorized to

7 be appropriated to the Department of Energy for fiscal

8 year 1994 for capital equipment not related to construc9 tion for environmental restoration and waste management

10 activities necessary for national security programs in the

11 amount of $203,826,000, to be allocated as follows:

12 (1) For corrective activities, $600,000.

13 (2) For waste management, $138,781,000.

14 (3) For technology development, $29,850,000.

15 (4) For transportation management, $400,000.

16 (5) For program direction, $9,469,000.

17 (6) For facility transition and management,

18 $24,726,000.

19 (d) ADJUSTMENTS.—The total amount authorized to

20 be appropriated pursuant to this section is the sum of the

21 amounts specified in subsections (a) through (c) reduced

22 by $86,600,000 for use of prior year balances.
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1 SEC. 103. NUCLEAR MATERIALS SUPPORT AND OTHER DE2 FENSE PROGRAMS.

3 (a) OPERATING EXPENSES.—Funds are authorized

4 to be appropriated to the Department of Energy for fiscal

5 year 1994 for operating expenses incurred in carrying out

6 nuclear materials support and other defense programs

7 necessary for national security programs in the amount

8 of $2,221,039,000, to be allocated as follows:

9 (1) For nuclear materials support,

10 $901,166,000.

11 (2) For verification and control technology,

12 $344,741,000.

13 (3) For nuclear safeguards and security,

14 $86,246,000.

15 (4) For security investigations, $53,335,000.

16 (5) For office of security evaluations,

17 $14,961,000.

18 (6) For office of nuclear safety, $24,859,000.

19 (7) For worker training and adjustment,

20 $100,000,000.

21 (8) For naval reactors, including enrichment

22 materials, $695,731,000.

23 (b) PLANT PROJECTS.—Funds are authorized to be

24 appropriated to the Department of Energy for fiscal year

25 1994 for plant projects (including maintenance, restora26 tion, planning, construction, acquisition, modification of
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1 facilities, and the continuation of projects authorized in

2 prior years, and land acquisition related thereto) that are

3 necessary for national security programs and are associ4 ated with materials support and other defense programs

5 activities as follows:

6 (1) For materials support:

7 Project GPD–146, general plant projects,

8 various locations, $31,760,000.

9 Project 93–D–147, domestic water system

10 upgrade, Phase I, Savannah River, South Caro11 lina, $7,720,000.

12 Project 93–D–148, replace high-level drain

13 lines, Savannah River, South Carolina,

14 $1,800,000.

15 Project 93–D–152, environmental modi16 fication for production facilities, Savannah

17 River, South Carolina, $20,000,000.

18 Project 92–D–140, F&H canyon exhaust

19 upgrades, Savannah River, South Carolina,

20 $15,000,000.

21 Project 92–D–142, nuclear material proc22 essing training center, Savannah River, South

23 Carolina, $8,900,000.
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1 Project 92–D–143, health protection in2 strument calibration facility, Savannah River,

3 South Carolina, $9,600,000.

4 Project 92–D–150, operations support fa5 cilities, Savannah River, South Carolina,

6 $26,900,000.

7 Project 92–D–153, engineering support fa8 cility, Savannah River, South Carolina,

9 $9,500,000.

10 Project 90–D–149, plantwide fire protec11 tion, Phases I and II, Savannah River, South

12 Carolina, $25,950,000.

13 Project 86–D–149, productivity retention

14 program, Phases I, II, III, IV, V, and VI, var15 ious locations, $3,700,000.

16 (2) For verification and control technology:

17 Project 90–D–186, center for national se18 curity and arms control, Sandia National Lab19 oratories, Albuquerque, New Mexico,

20 $8,515,000.

21 (3) For naval reactors development:

22 Project GPN–101, general plant projects,

23 various locations, $7,500,000.
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1 Project 93–D–200, engineering services fa2 cilities, Knolls Atomic Power Laboratory,

3 Niskayuna, New York, $7,000,000.

4 Project 92–D–200, laboratories facilities

5 upgrades, various locations, $2,800,000.

6 Project 90–N–102, expended core facility

7 dry cell project, Naval Reactors Facility, Idaho,

8 $7,800,000.

9 (c) CAPITAL EQUIPMENT.—Funds are authorized to

10 be appropriated to the Department of Energy for fiscal

11 year 1994 for capital equipment not related to construc12 tion for nuclear materials support and other defense pro13 grams necessary for national security programs in the

14 amount of $141,833,000, to be allocated as follows:

15 (1) For materials support, $75,209,000.

16 (2) For verification and control technology,

17 $15,573,000.

18 (3) For nuclear safeguards and security,

19 $4,101,000.

20 (4) For office of nuclear safety, $50,000.

21 (5) For naval reactors, $46,900,000.

22 (d) ADJUSTMENTS.—The total amount authorized

23 that may be appropriated pursuant to this section is the

24 sum of the amounts specified in subsections (a) through

25 (c) reduced by—
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1 (1) $100,000,000 for recovery of overpayment

2 to the Savannah River Pension Fund;

3 (2) $251,065,000 for use of prior-year balances,

4 from the Materials Support and Other Defense Pro5 grams appropriation;

6 (3) $100,067,000 for use of prior-year balances

7 from the New Production Reactor appropriation;

8 and

9 increased by $58,000,000 for education programs.

10 SEC. 104. DEFENSE NUCLEAR WASTE DISPOSAL.

11 Funds are authorized to be appropriated to the De12 partment of Energy for fiscal year 1994 for operating ex13 penses incurred in carrying out the nuclear waste fund

14 program in the amount of $120,000,000.

15 Subtitle B—Recurring General Provisions

16 SEC. 201. REPROGRAMMING.

17 (a) NOTICE TO CONGRESS.—(1) Except as otherwise

18 provided in this title—

19 (A) no amount appropriated pursuant to this

20 Act may be used for any program in excess of the

21 lesser of—

22 (i) 105 percent of the amount authorized

23 for that program by this Act; or

24 (ii) $10,000,000 more than the amount

25 authorized for that program by this Act; and
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1 (B) no amount appropriated pursuant to this

2 Act may be used for any program which has not

3 been presented to, or requested of, the Congress.

4 (2) An action described in paragraph (1) may not be

5 taken until—

6 (A) the Secretary of Energy has submitted to

7 the congressional defense committees a report con8 taining a full statement of the action proposed to be

9 taken and the facts and circumstances relied upon

10 in support of such proposed action; and

11 (B) a period of 30 days has elapsed after the

12 date on which the report is received by the commit13 tees.

14 (3) In the computation of the thirty-day period under

15 paragraph (2), there shall be excluded each day on which

16 either House of Congress is not in session because of an

17 adjournment of more than three calendar days to a day

18 certain.

19 (b) LIMITATION ON AMOUNT OBLIGATED.—In no

20 event may the total amount of funds obligated pursuant

21 to this Act exceed the total amount authorized to be ap22 propriated by this Act.

23 SEC. 202. LIMITS ON GENERAL PLANT PROJECTS.

24 (a) IN GENERAL.—The Secretary of Energy may

25 carry out any construction project under the general plant
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1 projects provisions authorized by this Act if the total esti2 mated cost of the construction project does not exceed

3 $2,500,000.

4 (b) REPORT TO CONGRESS.—If, at any time during

5 the construction of any general plant project authorized

6 by this Act, the estimated cost of the project is revised

7 because of unforeseen cost variations and the revised cost

8 of the project exceeds $2,500,000, the Secretary shall im9 mediately furnish a complete report to the congressional

10 defense committees explaining the reasons for the cost

11 variation.

12 SEC. 203. LIMITS ON CONSTRUCTION PROJECTS.

13 (a) IN GENERAL.—

14 (1) Except as provided in paragraph (2), con15 struction on a construction project may not be start16 ed or additional obligations incurred in connection

17 with the project above the total estimated cost,

18 whenever the current estimated cost of the construc19 tion project, which is authorized by sections 101,

20 102, and 103 of this Act, or which is in support of

21 national security programs of the Department of

22 Energy and was authorized by any previous Act, ex23 ceeds by more than 25 percent the higher of—

24 (A) the amount authorized for the project;

25 or
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1 (B) the amount of the total estimated cost

2 for the project as shown in the most recent

3 budget justification data submitted to Congress.

4 (2) An action described in paragraph (1) may

5 be taken if—

6 (A) the Secretary of Energy has submitted

7 to the congressional defense committees a re8 port on the actions and the circumstances mak9 ing such actions necessary; and

10 (B) a period of thirty days has elapsed

11 after the date on which the report is received by

12 the committees.

13 (3) In the computation of the thirty-day period

14 under paragraph (2), there shall be excluded each

15 day on which either House of Congress is not in ses16 sion because of an adjournment of more than three

17 calendar days to a day certain.

18 (b) EXCEPTION.—Subsection (a) shall not apply to

19 any construction project which has a current estimated

20 cost of less than $5,000,000.

21 SEC. 204. FUND TRANSFER AUTHORITY.

22 Funds appropriated pursuant to subtitles A and B

23 of this Act may be transferred to other agencies of the

24 Government for the performance of the work for which

25 the funds were appropriated, and funds so transferred
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1 may be merged with the appropriations of the agency to

2 which the funds are transferred.

3 SEC. 205. AUTHORITY FOR CONSTRUCTION DESIGN.

4 (a) IN GENERAL.—

5 (1) Within the amounts authorized by this Act

6 for plant engineering and design, the Secretary of

7 Energy may carry out advance planning and con8 struction design (including architectural and engi9 neering services) in connection with any proposed

10 construction project if the total estimated cost for

11 such planning and design does not exceed

12 $2,000,000.

13 (2) In the case of any project in which the total

14 estimated cost for advance planning and design ex15 ceeds $500,000, the Secretary shall notify the con16 gressional defense committees in writing of the de17 tails of such project at least thirty days before any

18 funds are obligated for design services for such

19 project.

20 (b) SPECIFIC AUTHORITY REQUIRED.—In any case

21 in which the total estimated cost for advance planning and

22 construction design in connection with any construction

23 project exceeds $2,000,000, funds for such planning and

24 design must be specifically authorized by law.
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1 SEC. 206. AUTHORITY FOR EMERGENCY PLANNING, DE2 SIGN, AND CONSTRUCTION ACTIVITIES.

3 (a) AUTHORITY.—The Secretary of Energy may use

4 any funds available to the Department of Energy, includ5 ing those funds authorized to be appropriated for advance

6 planning and construction design under sections 101, 102,

7 103, and 104, to perform planning, design, and construc8 tion activities for any Department of Energy defense activ9 ity construction project that, as determined by the Sec10 retary, must proceed expeditiously in order to protect pub11 lic health and safety, meet the needs of national defense,

12 or protect property.

13 (b) LIMITATION.—The Secretary may not exercise

14 the authority under subsection (a) in the case of any con15 struction project until the Secretary has submitted to the

16 congressional defense committees a report on the activities

17 that the Secretary intends to carry out under this section

18 and the circumstances making such activities necessary.

19 (c) SPECIFIC AUTHORITY.—The requirement of sec20 tion 205(b) does not apply to emergency planning, design,

21 and construction activities conducted under this section.

22 (d) REPORT.—The Secretary of Energy shall prompt23 ly report to the congressional defense committees any ex24 ercise of authority under this section.
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1 SEC. 207. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY

2 PROGRAMS OF THE DEPARTMENT OF EN3 ERGY.

4 Subject to the provisions of appropriation Acts and

5 section 201, amounts appropriated pursuant to this Act

6 for management and support activities and for general

7 plant projects are available for use, when necessary, in

8 connection with all national security programs of the De9 partment of Energy.

10 SEC. 208. AVAILABILITY OF FUNDS.

11 When so specified in an appropriation Act, amounts

12 appropriated for operating expenses or for plant and cap13 ital equipment may remain available until expended.

14 Subtitle C—Fiscal Year 1995 Authorization

15 SEC. 301. AUTHORIZATION OF FUNDS FOR 1995.

16 There are authorized to be appropriated to the De17 partment of Energy such sums as may be necessary for

18 fiscal year 1995 to carry out national security programs

19 and environmental restoration and waste management

20 programs.

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