Calendar No. 175

103D CONGRESS

1ST SESSION S. 1339

A BILL

To authorize appropriations for fiscal year 1994 for

and for other purposes.defense activities of the Department of Energy,

AUGUST 2 (legislative day, JUNE 30), 1993

Read twice and placed on the calendar
II

Union Calendar No. 175

103D CONGRESS

1ST SESSION S. 1339

To authorize appropriations for fiscal year 1994 for defense activities of

the Department of Energy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2 (legislative day, JUNE 30), 1993

Mr. NUNN, from the Committee on Armed Services, reported the following

original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 1994 for defense

activities of the Department of Energy, 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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 1994’’.

6 SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

7 For purposes of this Act, the term ‘‘congressional de8 fense committees’’ means the Committees on Armed Serv-
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1 ices and the Committees on Appropriations of the Senate

2 and House of Representatives.

3 TITLE XXXI—DEPARTMENT OF

4 ENERGY NATIONAL SECURITY

5 PROGRAMS

6 Subtitle A—National Security

7 Programs Authorizations

8 SEC. 3101. WEAPONS ACTIVITIES.

9 (a) OPERATING EXPENSES.—Funds are hereby au10 thorized to be appropriated to the Department of Energy

11 for fiscal year 1994 for operating expenses incurred in car12 rying out weapons activities necessary for national secu13 rity programs in the amount $3,788,954,000, to be allo14 cated as follows:

15 (1) For research and development,

16 $1,152,325,000.

17 (2) For weapons testing, $428,383,000.

18 (3) For stockpile support, $1,792,280,000.

19 (4) For program direction, $277,466,000.

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

21 (b) PLANT PROJECTS.—Funds are hereby authorized

22 to be appropriated to the Department of Energy for fiscal

23 year 1994 for plant projects (including maintenance, res24 toration, planning, construction, acquisition, modification

25 of facilities, and the continuation of projects authorized
3

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1 in prior years, and land acquisition related thereto) in car2 rying out weapons activities necessary for national secu3 rity programs as follows:

4 Project GPD–101, general plan projects, var5 ious locations, $16,500,000.

6 Project GPD–121, general plant projects, var7 ious locations, $7,700,000.

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

9 development, and testing facilities revitalization,

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

11 Project 94–D–124, hydrogen fluoride supply

12 system, Y–12 Plant, Oak Ridge, Tennessee,

13 $5,000,000.

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

15 City Plant, Kansas City, Missouri, $3,000,000.

16 Project 94–D–127, emergency notification sys17 tem, Pantex Plant, Amarillo, Texas, $1,000,000.

18 Project 94–D–128, environmental safety and

19 health analytical laboratory, Pantex Plant, Amarillo,

20 Texas, $800,000.

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

22 North Las Vegas, Nevada, $6,000,000.

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

24 Plant, Oak Ridge, Tennessee, $5,000,000.
4

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1 Project 93–D–123, complex–21, various loca2 tions, $25,000,000.

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

4 development, and testing facilities revitalization,

5 Phase IV, various locations, $27,479,000.

6 Project 92–D–126, replace emergency notifica7 tion systems, various locations, $10,500,000.

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

9 development, and testing facilities revitalization,

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

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

12 development, and testing facilities revitalization,

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

14 Project 88–D–122, facilities capability assur15 ance program, various locations, $27,100,000.

16 Project 88–D–123, security enhancement,

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

18 (c) CAPITAL EQUIPMENT.—Funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1994 for capital equipment not related to con21 struction in carrying out weapons activities necessary for

22 national security programs in the amount of

23 $123,034,000.

24 (d) ADJUSTMENT FOR SAVINGS.—The total amount

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

2 through (c) reduced by $393,641,000.

3 SEC. 3102. NEW TRITIUM PRODUCTION AND PLUTONIUM

4 DISPOSITION ACTIVITIES.

5 Funds are hereby authorized to be appropriated to

6 the Department of Energy for fiscal year 1994 for ex7 penses incurred in carrying out new tritium production ac8 tivities and plutonium disposition activities necessary for

9 national security programs in the amount of $83,000,000,

10 offset by $43,000,000 in prior year funds.

11 SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE

12 MANAGEMENT.

13 (a) OPERATING EXPENSES.—Funds are hereby au14 thorized to be appropriated to the Department of Energy

15 for fiscal year 1994 for operating expenses incurred in car16 rying out environmental restoration and waste manage17 ment activities necessary for national security programs

18 in the amount of $4,782,213,000, to be allocated as fol19 lows:

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

21 (2) For environmental restoration,

22 $1,536,027,000.

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

24 (4) For technology development, $361,150,000.
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1 (5) For transportation management,

2 $19,730,000.

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

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

5 (b) PLANT PROJECTS.—Funds are hereby authorized

6 to be appropriated to the Department of Energy for fiscal

7 year 1994 for plant projects (including maintenance, res8 toration, planning, construction, acquisition, modification

9 of facilities, and the continuation of projects authorized

10 in prior years, and land acquisition related thereto) to

11 carry out environmental restoration and waste manage12 ment activities necessary for national security programs

13 as follows:

14 Project GPD–171, general plant projects, var15 ious locations, $49,015,000.

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

17 Rocky Flats Plant, Golden, Colorado, $700,000.

18 Project 94–D–400, high explosive wastewater

19 treatment, Los Alamos National Laboratory, Los Al20 amos, New Mexico, $1,000,000.

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

22 Idaho National Engineering Laboratory, Idaho,

23 $600,000.

24 Project 94–D–402, liquid waste treatment sys25 tem, Nevada Test Site, $491,000.
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1 Project 94–D–404, Melton Valley storage tanks

2 capacity increase, Oak Ridge National Laboratory,

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

4 Project 94–D–405, Central neutralization facil5 ity pipeline extension project, Oak Ridge K–25

6 Plant, Oak Ridge, Tennessee, $1,714,000.

7 Project 94–D–406, low-level waste disposal fa8 cility, Oak Ridge K–25 Plant, Oak Ridge, Ten9 nessee, $6,000,000.

10 Project 94–D–407, initial tank retrieval sys11 tems, Richland, Washington, $7,000,000.

12 Project 94–D–408, 200 east office facility,

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

14 Project 94–D–411, solid waste operations com15 plex project, Richland, Washington, $7,100,000.

16 Project 94–D–412, 300 area process sewer pip17 ing system upgrade, Richland, Washington,

18 $1,100,000.

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

20 storage facility, Lawrence Livermore National Lab21 oratory, Livermore, California, $370,000.

22 Project 94–D–415, medical facilities, Idaho Na23 tional Engineering Laboratory, Idaho, $1,100,000.
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1 Project 94–D–416, Solvent Storage Tanks in2 stallation, Savannah River Site, South Carolina,

3 $1,500,000.

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

5 activity waste vaults, Savannah River Site, South

6 Carolina, $1,000,000.

7 Project 94–D–451, infrastructure replacement

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

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

10 National Engineering Laboratory, Idaho,

11 $9,600,000.

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

13 treatment upgrades, Y–12 Plant, Oak Ridge, Ten14 nessee, $3,500,000.

15 Project 93–D–175, industrial waste compaction

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

17 $1,800,000.

18 Project 93–D–176, Oak Ridge reservation stor19 age facility, K–25 Plant, Oak Ridge, Tennessee,

20 $6,039,000.

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

22 water treatment plant waste, K–125 Plant, Oak

23 Ridge, Tennessee, $7,100,000.
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1 Project 93–D–178, building 374 liquid waste

2 treatment facility, Rocky Flats Plant, Golden, Colo3 rado, $1,000,000.

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

5 replacement, Richland, Washington, $6,000,000.

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

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

8 Project 93–D–183, multi-function waste reme9 diation facility, Richland, Washington, $25,660,000.

10 Project 93–D–184, 325 facility compliance/ren11 ovation, Richland, Washington, $3,500,000.

12 Project 93–D–185, landlord program safety

13 compliance, Phase II, Richland, Washington,

14 $1,351,000.

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

16 from filled waste tanks, Savannah River, South

17 Carolina, $13,230,000.

18 Project 93–D–188, new sanitary landfill, Sa19 vannah River, South Carolina, $1,020,000.

20 Project 92–D–125, master safeguards and secu21 rity agreement/material surveillance task force secu22 rity upgrades, Rocky Flats Plant, Golden, Colorado,

23 $3,900,000.
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1 Project 92–D–172, hazardous waste treatment

2 and processing facility, Pantex Plant, Amarillo,

3 Texas, $300,000.

4 Project 92–D–173, nitrogen oxide abatement

5 facility, Idaho Chemical Processing Plant, Idaho Na6 tional Engineering Laboratory, Idaho, $10,000,000.

7 Project 92–D–177, tank 101–AZ waste re8 trieval system, Richland, Washington, $7,000,000.

9 Project 92–D–181, fire and life safety improve10 ments, Idaho National Engineering Laboratory,

11 Idaho, $5,000,000.

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

13 Idaho National Engineering Laboratory, Idaho,

14 $1,450,000.

15 Project 92–D–183, transportation complex,

16 Idaho National Engineering Laboratory, Idaho,

17 $7,198,000.

18 Project 92–D–184, Hanford infrastructure un19 derground storage tanks, Richland, Washington,

20 $300,000.

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

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

23 Project 92–D–187, 300 area electrical distribu24 tion, conversion, and safety improvements, Phase II,

25 Richland, Washington, $10,276,000.
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1 Project 92–D–188, waste management ES&H,

2 and compliance activities, various locations,

3 $8,568,000.

4 Project 92–D–403, tank upgrade project, Law5 rence Livermore National Laboratory, California,

6 $3,888,000.

7 Project 91–D–171, waste receiving and process8 ing facility, module 1, Richland, Washington,

9 $17,700,000.

10 Project 91–D–175, 300 area electrical distribu11 tion, conversion, and safety improvements, Phase I,

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

13 Project 90–D–172, aging waste transfer lines,

14 Richland, Washington, $5,000,000.

15 Project 90–D–175, landlord program safety

16 compliance-I, Richland, Washington, $1,800,000.

17 Project 90–D–177, RWMC transuranic (TRU)

18 waste characterization and storage facility, Idaho

19 National Engineering Laboratory, Idaho,

20 $21,700,000.

21 Project 89–D–172, Hanford environmental

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

23 Project 89–D–173, tank farm ventilation up24 grade, Richland, Washington, $1,000,000.
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1 Project 89–D–174, replacement high-level waste

2 evaporator, Savannah River, South Carolina,

3 $23,974,000.

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

5 waste disposal facility, Savannah River, South Caro6 lina, $7,000,000.

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

8 containment buildings, Savannah River, South Caro9 lina, $2,137,000.

10 Project 86–D–103, decontamination and waste

11 treatment facility, Lawrence Livermore National

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

13 Project 83–D–148, nonradioactive hazardous

14 waste management, Savannah River, South Caro15 lina, $9,769,000.

16 Project 81–T–105, defense waste processing fa17 cility, Savannah River, South Carolina, $43,873,000.

18 (c) CAPITAL EQUIPMENT.—Funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1994 for capital equipment not related to con21 struction in carrying out environmental restoration and

22 waste management activities necessary for national secu23 rity programs in the amount of $203,826,000, to be allo24 cated as follows:

25 (1) For corrective activities, $600,000.
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1 (2) For waste management, $138,781,000.

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

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

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

5 (6) For facility transition, $24,726,000

6 (d) USE OF FUNDS.—From funds authorized to be

7 appropriated pursuant to subsection (a) to the Depart8 ment of Energy for environmental restoration and waste

9 management activities, the Secretary of Energy may reim10 burse the cities of Westminster, Broomfield, Thornton,

11 and Northglenn, in the State of Colorado, $21,415,000 for

12 the cost of implementing water management programs.

13 Reimbursements for the water management programs

14 shall not be considered a major Federal action for pur15 poses of 102(2) of the National Environmental Policy Act

16 of 1969 (42 U.S.C. 4332(2)).

17 (e) GENERAL REDUCTION IN OPERATING EX18 PENSES.—The amount authorized to be appropriated for

19 operating expenses pursuant to subsection (a) is the

20 amount specified in that subsection reduced by

21 $40,000,000.

22 (f) PRIOR YEAR BALANCES.—The total amount au23 thorized to be appropriated pursuant to this section is the

24 sum of the amounts specified in subsections (a), (b), and

25 (c) reduced by $86,600,000. In determining the amount
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1 authorized to be appropriated pursuant to subsection (a)

2 for the purposes of this subsection, subsection (e) shall

3 be taken into account.

4 SEC. 3104. MATERIALS SUPPORT AND OTHER DEFENSE

5 PROGRAMS.

6 (a) OPERATING EXPENSES.—Funds are hereby au7 thorized to be appropriated to the Department of Energy

8 for fiscal year 1994 for operating expenses incurred in car9 rying out nuclear materials production and other defense

10 programs necessary for national security programs in the

11 amount of $2,171,039,000, to be allocated as follows:

12 (1) For materials support, $853,966,000.

13 (2) For verification and control technology,

14 $341,941,000.

15 (3) For nuclear safeguards and security,

16 $86,246,000.

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

18 (5) For security evaluations, $14,961,000.

19 (6) For nuclear safety, $24,859,000.

20 (7) For worker training and adjustment,

21 $100,000,000.

22 (8) For naval reactors, $695,731,000.

23 (b) PLANT PROJECTS.—Funds are hereby authorized

24 to be appropriated to the Department of Energy for fiscal

25 year 1994 for plant projects (including maintenance, res-
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1 toration, planning, construction, acquisition, modification

2 of facilities, and the continuation of projects authorized

3 in prior years, and land acquisition related thereto) in car4 rying out nuclear materials production and other defense

5 programs necessary for national security programs as fol6 lows:

7 (1) For materials production:

8 Project GPD–146, general plant projects,

9 various locations, $31,760,000.

10 Project 93–D–147, domestic water system

11 upgrade, Phase I, Savannah River, South Caro12 lina, $7,720,000.

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

14 lines, Savannah River, South Carolina,

15 $1,800,000.

16 Project 93–D–152, environmental modi17 fication for production facilities, Savannah

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

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

20 upgrades, Savannah River, South Carolina,

21 $15,000,000.

22 Project 92–D–142, nuclear material proc23 essing training center, Savannah River, South

24 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 hereby author10 ized to be appropriated to the Department of Energy for

11 fiscal year 1994 for capital equipment not related to con12 struction in carrying out nuclear materials production and

13 other defense programs necessary for national security

14 programs as follows:

15 (1) For material 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 nuclear safety, $50,000.

21 (5) For naval reactors development,

22 $46,900,000.

23 (d) ADJUSTMENTS.—The total amount that may be

24 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 $393,132,000 for anticipated savings.

3 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

4 Funds are hereby authorized to be appropriated to

5 the Department of Energy for fiscal year 1994 for pay6 ment to the Nuclear Waste Fund, $100,000,000.

7 SEC. 3106. FUNDING USES AND LIMITATIONS.

8 (a) NATIONAL SECURITY PROGRAMS.—Notwith9 standing any other provision of law, not more than 90 per10 cent of the funds appropriated to the Department of En11 ergy for national security programs under this title may

12 be obligated for such programs until the Secretary of En13 ergy submits to the congressional defense committees the

14 five-year budget plan with respect to fiscal year 1994 re15 quired under section 3144 of the National Defense Au16 thorization Act for Fiscal Years 1990 and 1991 (Public

17 Law 101–189; 103 Stat. 1681; 42 U.S.C. 7271b).

18 (b) INERTIAL CONFINEMENT FUSION.—Of the funds

19 authorized to be appropriated to the Department of En20 ergy for fiscal year 1994 for operating expenses and cap21 ital equipment, $188,413,000 shall be available for the de22 fense inertial confinement fusion program.

23 (c) FIRE PROTECTION AND COOLING OR REFRIGERA24 TION SYSTEMS.—None of the funds appropriated or other25 wise made available to the Department of Energy for fiscal
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1 year 1994 may be obligated for the design, purchase, or

2 installation of any fire protection system or cooling or re3 frigeration system that utilizes class I chlorofluorocarbons

4 (as listed under section 602(a) of the Clean Air Act (42

5 U.S.C. 7671a(a)) unless the Secretary of Energy deter6 mines that an alternative system meeting the operational

7 requirements of the Department of Energy is not commer8 cially available or is not cost-effective when analyzed under

9 a life-cycle cost analysis.

10 (d) NEW TRITIUM PRODUCTION ACTIVITIES AND

11 PLUTONIUM DISPOSITION ACTIVITIES.—Funds author12 ized to be appropriated for fiscal year 1994 or otherwise

13 made available to the Secretary of Energy for such fiscal

14 year for new tritium production activities and plutonium

15 disposition activities shall be available only for the follow16 ing purposes and in the following amounts:

17 (1) For evaluation of an advanced light water

18 reactor and a modular high temperature gas reactor

19 to determine the feasibility and effectiveness of dis20 posing of plutonium, production of tritium (if need21 ed), and production of electricity, $40,000,000.

22 (2) For evaluation of accelerator technology to

23 determine the feasibility and effectiveness of dispos24 ing of plutonium, production of tritium (if needed),

25 and production of electricity, $18,000,000.
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1 (3) For evaluation of an advance liquid metal

2 reactor to determine the feasibility and effectiveness

3 of disposing of plutonium, production of tritium (if

4 needed), and production of electricity, $25,000,000.

5 (e) EXPENDED CORE FACILITY DRY CELL.—None of

6 the funds appropriated or otherwise made available to the

7 Department of Energy for fiscal year 1994 may be obli8 gated for project 90–N–102, expended core facility dry cell

9 project, Naval Reactors Facility, Idaho, until shipment of

10 spent naval nuclear fuel from United States naval surface

11 ships and submarines to the Idaho Engineering Labora12 tory, Idaho, is resumed.

13 (f) NUCLEAR WEAPONS TESTING.—(1) Funds au14 thorized to be appropriated under section 3101(a)(2) for

15 the Department of Energy for fiscal year 1994 for weap16 ons testing and funds otherwise made available to the de17 partment for that fiscal year for that purpose shall be

18 available only for the following purposes and in the follow19 ing amounts:

20 (A) For infrastructure maintenance at the Ne21 vada Test Site, $150,000,000.

22 (B) For maintaining the technical capability to

23 resume testing at the Nevada Test Site,

24 $125,000,000.
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1 (C) For activities, including research and devel2 opment, of Department of Energy laboratories in de3 termining means of nuclear weapons testing as alter4 natives to underground nuclear weapons testing,

5 $153,383,000.

6 (2) The Secretary of Energy may not obligate an ag7 gregate amount in excess of $180,000,000 for the pur8 poses described in subparagraphs (B) and (C) of para9 graph (1) until the Secretary submits to the congressional

10 defense committees a detailed plan for carrying out the

11 activities described in subparagraphs (B) and (C) of that

12 paragraph.

13 (g) VERIFICATION CONTROL TECHNOLOGY.—Of the

14 funds authorized to be appropriated to the Department

15 of Energy for fiscal year 1994 for operating expenses and

16 capital equipment for activities relating to verification and

17 control technology, not more than $334,441,000 may be

18 obligated until the Secretary of Defense submits the report

19 required by section 1104.

20 (h) SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR

21 ENVIRONMENTAL AND WASTE MANAGEMENT.—Of the

22 funds authorized to be appropriated to the Department

23 of Energy for fiscal year 1994 for environmental restora24 tion and waste management, $1,000,000 shall be available

25 for the Scholarship and Fellowship Program for Environ-
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1 mental Restoration and Waste Management carried out

2 under section 3132 of the National Defense Authorization

3 Act for Fiscal Years 1992 and 1993 (Public Law 102–

4 190; 42 U.S.C. 7274e).

5 (i) HANFORD HEALTH INFORMATION NETWORK.—

6 Of the funds authorized to be appropriated to the Depart7 ment of Energy for fiscal year 1994 under section

8 3101(a), $1,750,000 shall be available for activities relat9 ing to the Hanford health information network established

10 pursuant to the authority set forth in section 3138 of the

11 National Defense Authorization Act for Fiscal Year 1991

12 (Public Law 101–510; 104 Stat. 1834).

13 (j) PROTECTION OF NUCLEAR WEAPONS FACILITIES

14 WORKERS.—Of the funds authorized to be appropriated

15 to the Department of Energy for fiscal year 1994 for envi16 ronmental restoration and waste management,

17 $10,000,000 shall be available for activities relating to

18 worker protection at nuclear weapons facilities.

19 (k) MERGER OF CERTAIN FUNDS WITH FUNDS AP20 PROPRIATED FOR NEW PRODUCTION REACTORS.—Not21 withstanding any other provision of law, of the funds made

22 available to the Department of Energy for new production

23 reactor activities before the date of the enactment of this

24 Act, $43,000,000 shall be merged with the funds author25 ized to be appropriated for new tritium production and
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1 plutonium disposition under section 3102 and shall be

2 available for the same purposes and the same period as

3 the funds with which merged.

4 (l) TECHNOLOGY TRANSFER AND ECONOMIC DEVEL5 OPMENT.—None of the funds appropriated to the Depart6 ment of Energy for fiscal year 1994 pursuant to the au7 thorization of appropriations in section 3103, or otherwise

8 made available to the department for environmental res9 toration and waste management activities for such fiscal

10 year, may be obligated to foster technology transfer to and

11 economic development activities in the Southeastern Unit12 ed States until 30 days after the date on which the Sec13 retary of Energy submits to the congressional defense

14 committees a report containing a plan for the expenditure

15 of funds in a manner that ensures an equitable expendi16 ture of funds for such purposes throughout the Southeast17 ern United States.

18 Subtitle B—Recurring General Provisions

19 SEC. 3121. REPROGRAMMING.

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

21 provided in this title—

22 (A) no amount appropriated pursuant to this

23 title may be used for any program in excess of the

24 lesser of—
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1 (i) 105 percent of the amount authorized

2 for that program by this title; or

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

4 authorized for that program by this title; and

5 (B) no amount appropriated pursuant to this

6 title may be used for any program which has not

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

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

9 taken until—

10 (A) the Secretary of Energy has submitted to

11 the congressional defense committees a report con12 taining a full and complete statement of the action

13 proposed to be taken and the facts and cir14 cumstances relied upon in support of such proposed

15 action; and

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

17 date on which the report is received by the commit18 tees.

19 (3) In the computation of the 30-day period under

20 paragraph (2), there shall be excluded any day on which

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

22 adjournment of more than 3 calendar days to a day cer23 tain.

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

25 event may the total amount of funds obligated pursuant
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1 to this title exceed the total amount authorized to be ap2 propriated by this title.

3 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

5 carry out any construction project under the general plant

6 projects provisions authorized by this title if the total esti7 mated cost of the construction project does not exceed

8 $2,000,000.

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

10 the construction of any general plant project authorized

11 by this title, the estimated cost of the project is revised

12 because of unforeseen cost variations and the revised cost

13 of the project exceeds $2,000,000, the Secretary shall im14 mediately furnish a complete report to the congressional

15 defense committees explaining the reasons for the cost

16 variation.

17 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

18 (a) IN GENERAL.—(1) Except as provided in para19 graph (2), construction on a construction project may not

20 be started or additional obligations incurred in connection

21 with the project above the total estimated cost, whenever

22 the current estimated cost of the construction project,

23 which is authorized by sections 3101, 3102, 3103, and

24 3104, or which is in support of national security programs

25 of the Department of Energy and was authorized by any
26

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1 previous Act, exceeds by more than 25 percent the higher

2 of—

3 (A) the amount authorized for the project; or

4 (B) the amount of the total estimated cost for

5 the project as shown in the most recent budget jus6 tification data submitted to Congress.

7 (2) An action described in paragraph (1) may be

8 taken if—

9 (A) the Secretary of Energy has submitted to

10 the congressional defense committees a report on the

11 actions and the circumstances making such actions

12 necessary; and

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

14 date on which the report is received by the commit15 tees.

16 (3) In the computation of the 30-day period under

17 paragraph (2), there shall be excluded any day on which

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

19 adjournment of more than 3 calendar days to a day cer20 tain.

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

22 any construction project which has a current estimated

23 cost of less than $5,000,000.
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1 SEC. 3124. FUND TRANSFER AUTHORITY.

2 Funds appropriated pursuant to this title may be

3 transferred to other agencies of the Federal Government

4 for the performance of the work for which the funds were

5 appropriated, and funds so transferred may be merged

6 with the appropriations of the agency to which the funds

7 are transferred.

8 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

9 (a) IN GENERAL.—(1) Within the amounts author10 ized by this title for plant engineering and design, the Sec11 retary of Energy may carry out advance planning and con12 struction design (including architectural and engineering

13 services) in connection with any proposed construction

14 project if the total estimated cost for such planning and

15 design does not exceed $2,000,000.

16 (2) In the case of any project in which the total esti17 mated cost for advance planning and design exceeds

18 $300,000, the Secretary shall notify the congressional de19 fense committees in writing of the details of such project

20 at least 30 days before any funds are obligated for design

21 services for such project.

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

23 in which the total estimated cost for advance planning and

24 construction design in connection with any construction

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

26 design must be specifically authorized by law.
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1 SEC. 3126. 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 3101,

7 3102, 3103, 3104, to perform planning, design, and con8 struction activities for any Department of Energy defense

9 activity construction project that, as determined by the

10 Secretary, must proceed expeditiously in order to protect

11 public health and safety, meet the needs of national de12 fense, 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 3125(b) does not apply to emergency planning, de21 sign, and construction activities conducted under this sec22 tion.

23 (d) REPORT.—The Secretary of Energy shall prompt24 ly report to the congressional defense committees any ex25 ercise of authority under this section.
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1 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU2 RITY PROGRAMS OF THE DEPARTMENT OF

3 ENERGY.

4 Subject to the provisions of appropriation Acts and

5 section 3121, amounts appropriated pursuant to this title

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. 3128. AVAILABILITY OF FUNDS.

11 When so specified in an appropriation Act, amounts

12 appropriated for operating expenses, plant projects, and

13 capital equipment may remain available until expended.

14 Subtitle C—Other Matters

15 SEC. 3131. USE OF FUNDS FOR PAYMENT OF PENALTY AS16 SESSED AGAINST HANFORD PROJECT.

17 The Secretary of Energy may pay to the Hazardous

18 Substances Response Trust, from funds appropriated to

19 the Department of Energy for environmental restoration

20 and waste management activities pursuant to section

21 3103, a stipulated civil penalty in the amount of $100,000

22 assessed under the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 1980 (42

24 U.S.C. 9601 et seq.) and the Hanford Consent Agreement

25 and Compliance Order for Department of Energy Han26 ford.
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1 SEC. 3132. OFFICE OF TRITIUM PRODUCTION AND PLUTO2 NIUM DISPOSITION.

3 (a) ESTABLISHMENT.—There is hereby established in

4 the Office of the Assistant Secretary of Energy for De5 fense Programs an Office of Tritium Production and Plu6 tonium Disposition.

7 (b) RESPONSIBILITIES.—The responsibilities of the

8 office shall include the following:

9 (1) Activities relating to the development, de10 sign, and construction (including research in support

11 thereof) of a tritium production facility in order to

12 ensure that a tritium production facility replacing

13 existing tritium production facilities of the Depart14 ment of Energy and capable of meeting the antici15 pated need of the Department of Defense for tritium

16 is in operation no later than December 31, 2011.

17 (2) Carrying out the evaluation of an advanced

18 light water reactor and a high temperature gas reac19 tor referred to in section 3105(d)(2) of the National

20 Defense Authorization Act for Fiscal Year 1993

21 (Public Law 102–484; 106 Stat. 2636).

22 (3) Activities relating to the design, develop23 ment, and construction (including research in sup24 port thereof) of the reactors referred to in para25 graph (2).
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•S 1339 PCS

1 (4) Research and development activities relating

2 to design, development, and construction by the De3 partment of Energy of an advanced metal reactor

4 that utilizes an actinide recycling process and that

5 is capable of burning plutonium, producing tritium,

6 and producing electricity.

7 (5) Research and development activities relating

8 to the design, development, and construction by the

9 Department of Energy of an accelerator technology

10 that is capable of burning plutonium, producing trit11 ium, and producing electricity.

12 (6) Activities relating to the design, develop13 ment, and construction (including research in sup14 port thereof) of a facility to treat and dispose of ex15 cess plutonium.

16 SEC. 3133. AUTHORITY TO TRANSFER CERTAIN DEPART17 MENT OF ENERGY PROPERTY.

18 (a) AUTHORITY TO TRANSFER.—(1) Notwithstand19 ing any other provision of law, the Secretary of Energy

20 may transfer, for consideration, all right, title, and inter21 est of the United States in and to the property referred

22 to in subsection (b) to any person if the Secretary deter23 mines that such transfer will mitigate the adverse eco24 nomic consequences that might otherwise arise from the

25 closure of a Department of Energy facility.
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1 (2) The amount of consideration received by the

2 United States for a transfer under paragraph (1) may be

3 less than the fair market value of the property transferred

4 if the Secretary determines that the receipt of such lesser

5 amount by the United States is in accordance with the

6 purpose of such transfer under this section.

7 (b) COVERED PROPERTY.—Property that may be

8 transferred under subsection (a) is the following property

9 of the Department of Energy that is located at department

10 facilities to be closed:

11 (1) The personal property and fixtures at such

12 facilities that the Secretary determines to be excess

13 to the needs of the department.

14 (2) Any other personal property and fixtures at

15 such facilities the replacement cost of which does not

16 exceed an amount equal to 110 percent of the cost

17 of transporting the property or fixtures to another

18 department facility.

19 (c) OTHER TERMS AND CONDITIONS.—The Secretary

20 may require such additional terms and conditions with re21 spect to a transfer of property under subsection (a) as

22 the Secretary determines appropriate to protect the inter23 ests of the United States.
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1 SEC. 3134. REAUTHORIZATION AND EXPANSION OF AU2 THORITY TO LOAN PERSONNEL AND FACILI3 TIES.

4 (a) AUTHORITY TO LOAN PERSONNEL.—Subsection

5 (a)(1) of section 1434 of the National Defense Authoriza6 tion Act, Fiscal Year 1989 (Public Law 100–456; 102

7 Stat. 2074), as amended by section 3136 of the National

8 Defense Authorization Act for Fiscal Year 1991 (Public

9 Law 101–510; 104 Stat. 1824) and section 3136 of Na10 tional Defense Authorization for Fiscal Year 1993 (Public

11 Law 102–484; 106 Stat. 2641), is further amended—

12 (1) in subparagraph (A)—

13 (A) by striking out ‘‘and’’ at the end of

14 clause (i);

15 (B) by striking out the period at the end

16 of clause (ii) and inserting in lieu thereof a

17 semicolon; and

18 (C) by adding at the end the following:

19 ‘‘(iii) at the Savannah River Site, South Caro20 lina, to loan personnel in accordance with this sec21 tion to any community-based organization; and

22 ‘‘(iv) at Oak Ridge, Tennessee, to loan person23 nel in accordance with this section to any commu24 nity-based organization.’’; and

25 (2) in subparagraph (B)—
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1 (A) by striking out ‘‘and the Idaho’’ and

2 inserting in lieu thereof ‘‘, the Idaho’’; and

3 (B) by adding before the period at the end

4 the following: ‘‘, the Savannah River Site, and

5 Oak Ridge’’.

6 (b) AUTHORITY TO LOAN FACILITIES.—Subsection

7 (b) of such Act is amended—

8 (1) by striking out ‘‘or the Idaho’’ and inserting

9 in lieu thereof ‘‘the Idaho’’; and

10 (2) by inserting ‘‘Savannah River Site, South

11 Carolina, or Oak Ridge, Tennessee,’’ before ‘‘to any

12 community-based organization’’.

13 (c) DURATION OF PROGRAM.—Subsection (c) of such

14 section is amended—

15 (1) by striking out ‘‘Reservation, and’’ and in16 serting in lieu thereof ‘‘Reservation,’’; and

17 (2) by inserting after ‘‘Idaho National Engi18 neering Laboratory’’ the following: ‘‘, and September

19 30, 1995, with respect to the Savannah River Site,

20 and to Oak Ridge’’.
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1 SEC. 3135. INCLUSION OF ANALYSIS OF NEVADA TEST SITE

2 IN ENVIRONMENTAL ASSESSMENT OF RE3 CONFIGURATION OF DEPARTMENT OF EN4 ERGY NUCLEAR WEAPONS COMPLEX.

5 In preparing an environmental impact statement in

6 connection with a decision to reconfigure the functions,

7 facilities, and personnel of the Department of Energy re8 lating to research and development, production, and test9 ing of nuclear materials and weapons, the Secretary of

10 Energy shall include an analysis of the Nevada Test Site

11 as a potential site for the location of some or all of such

12 functions, facilities, and personnel.

13 SEC. 3136. DEPARTMENT OF ENERGY MANAGEMENT.

14 (a) UNDER SECRETARIES.—Section 202 of the De15 partment of Energy Organization Act (42 U.S.C. 7132)

16 is amended—

17 (1) in subsection (a), by striking out ‘‘Under

18 Secretary’’ and inserting in lieu thereof ‘‘Under Sec19 retaries’’; and

20 (2) by striking out subsection (b) and inserting

21 in lieu thereof the following:

22 ‘‘(b) There shall be in the Department three Under

23 Secretaries and a General Counsel, who shall be appointed

24 by the President, by and with the advice and consent of

25 the Senate, and who shall perform such functions and du26 ties the Secretary prescribes.’’.
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1 (b) RATES OF PAY.—Section 5314 of title 5, United

2 States Code, is amended by striking out the item relating

3 to the Under Secretary, Department of Energy, and in4 serting in lieu thereof the following:

5 ‘‘Under Secretaries, Department of Energy

6 (3).’’.

7 SEC. 3137. TRAINING PROGRAMS FOR MANAGEMENT OF

8 HAZARDOUS MATERIALS AND OF HAZARDOUS

9 MATERIALS EMERGENCY RESPONSE ACTIVI10 TIES.

11 (a) AUTHORITY TO CARRY OUT PROGRAMS.—The

12 Secretary of Energy may carry out the programs described

13 in subsection (b) for persons who work with hazardous

14 materials.

15 (b) NATURE OF PROGRAMS.—The programs referred

16 to in subsection (a) are programs relating to management

17 of hazardous materials and of hazardous materials emer18 gency response that are designed to enhance the safety

19 of the persons referred to in subsection (a) and to protect

20 the environment.

21 (c) REGIONAL TRAINING CENTERS.—(1) The pro22 grams referred to in subsection (a) may be conducted at

23 regional training centers to be operated under the super24 vision of the Secretary by qualified (as determined by the
37

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1 Secretary) not-for-profit organizations acting in coopera2 tion with States, labor organizations, or Indian tribes.

3 (2) In consultation with appropriate representatives

4 of colleges and universities and other organizations having

5 appropriate technical expertise, the Secretary may de6 velop—

7 (A) standards relating to the operation of cen8 ters under this subsection; and

9 (B) the curricula of the training programs car10 ried out under subsection (a).

11 (d) AUTHORITY TO CONSTRUCT FACILITIES.—The

12 Secretary may, in cooperation with the Chief of Engineers

13 of the Army, construct such facilities as the Secretary de14 termines necessary to carry out the training programs au15 thorized under subsection (a), including regional training

16 centers located at Department of Energy sites.

17 (e) DEFINITION.—In this section, the term ‘‘Indian

18 tribe’’ has the meaning provided in section 4(e) of the In19 dian Self-Determination and Education Assistance Act

20 (25 U.S.C. 450b(e)).

21 (f) FUNDING.—From funds authorized to be appro22 priated to the Secretary of Energy under this division,

23 $20,000,000 may be used to carry out programs author24 ized in subsection (a).
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1 SEC. 3138. REVIEW OF DEPARTMENT OF ENERGY ENVIRON2 MENTAL COMPLIANCE AGREEMENTS.

3 (a) REVIEW REQUIRED.—The Secretary of Energy

4 shall review each agreement that the Department of En5 ergy has entered into with the Environmental Protection

6 Agency, a State, or an Indian tribe to bring a Department

7 of Energy facility into compliance with the requirements

8 of the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal

9 Water Pollution Control Act (42 U.S.C. 6901 et seq.), the

10 Comprehensive Environmental Response Compensation

11 and Liability Act (42 U.S.C. 9601 et seq.), the Solid

12 Waste Disposal Act (42 U.S.C. 6901 et seq.), or a com13 parable State or local government law or regulation.

14 (b) CONTENT OF REVIEW.—The review required by

15 subsection (a) shall identify all required actions or mile16 stones that—

17 (1) can be completed faster than the schedule

18 provided in the agreement;

19 (2) are unnecessary because of—

20 (A) technological or programmatic

21 changes; or

22 (B) changes in circumstances or assump23 tions;

24 (3) cannot be completed by the completion date

25 scheduled in the agreement, but can be accomplished

26 within a reasonable time after such date by the use
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1 of a more efficient or more cost-effective technology

2 than the technology that has been used;

3 (4) cannot be completed by the completion date

4 scheduled in the agreement because necessary tech5 nology will not be available in time to meet that

6 schedule;

7 (5) cannot be completed by the completion date

8 scheduled in the agreement because site character9 ization, site analysis, or another necessary informa10 tion collection activity will not be completed in time

11 to meet that schedule; or

12 (6) may endanger worker health and safety if

13 carried out within the period provided in the agree14 ment.

15 (c) CONSULTATION REQUIREMENT.—In conducting

16 the review of an agreement pursuant to subsection (a),

17 the Secretary shall consult with all parties to the agree18 ment and representatives of the community in which the

19 Department of Energy facility covered by the agreement

20 is located.

21 (d) REPORT TO CONGRESS.—The Secretary of En22 ergy, at the same time that the President submits to Con23 gress the budget for fiscal year 1996 pursuant to section

24 1105 of title 31, United States Code, shall submit to the
40

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1 congressional defense committees a report setting forth

2 the following matters:

3 (1) The results of the review conducted pursu4 ant to subsection (a).

5 (2) Any alternatives to the milestones and com6 mitments that the Secretary considers appropriate.

7 (3) An explanation of any alternative action or

8 milestone that the Secretary considers necessary,

9 and the reason such alternative is necessary.

10 (4) For each such alternative—

11 (A) the date on which the alternative was

12 presented to the other parties to the agreement

13 concerned;

14 (B) whether the alternative was accepted,

15 rejected, or modified by any party to the agree16 ment; and

17 (C) whether the agreement was modified to

18 incorporate the alternative.

19 Subtitle D—Cooperative Research

20 and Development

21 SEC. 3141. DEFINITIONS.

22 For purposes of this subtitle:

23 (1) The term ‘‘cooperative research and devel24 opment agreement’’ has the meaning given such

25 term in section 12(d)(1) of the Stevenson-Wydler
41

•S 1339 PCS

1 Technology Innovation Act of 1980 (15 U.S.C.

2 3710a(d)(1)).

3 (2) The term ‘‘core competency’’ means exper4 tise and demonstrated capabilities in a particular

5 area, as determined by the Secretary.

6 (3) The term ‘‘Department’’ means the Depart7 ment of Energy.

8 (4) The term ‘‘departmental laboratory’’ means

9 a facility operated by or on behalf of the Depart10 ment that—

11 (A) is a laboratory within the meaning of

12 section 12(d)(2) of the Stevenson-Wydler Tech13 nology Innovation Act of 1980 (15 U.S.C.

14 3710a(d)(2));

15 (B) is a production facility or utilization

16 facility within the meaning of subsections (v)

17 and (cc) of section 11 of the Atomic Energy Act

18 of 1954, respectively (42 U.S.C. 2014 (v) and

19 (cc)); or

20 (C) is any other laboratory or facility des21 ignated as a departmental laboratory by the

22 Secretary.

23 (5) The term ‘‘educational institution’’ means a

24 college, university, or elementary or secondary

25 school, including any not-for-profit organization
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•S 1339 PCS

1 dedicated to education that is exempt from taxation

2 under section 501(a) of the Internal Revenue Code

3 of 1986.

4 (6) The term ‘‘multi-program departmental lab5 oratory’’ means Argonne National Laboratory,

6 Brookhaven National Laboratory, Idaho National

7 Engineering Laboratory, Lawrence Berkeley Labora8 tory, Lawrence Livermore National Laboratory, Los

9 Alamos National Laboratory, National Renewable

10 Energy Laboratory, Oak Ridge National Laboratory,

11 Pacific Northwest Laboratory, and Sandia National

12 Laboratories.

13 (7) The term ‘‘partnership’’ means any ar14 rangement under which the Secretary or one or

15 more departmental laboratories undertakes research,

16 development, and demonstration activities, activities

17 relating to the commercial applications of tech18 nology, or technical assistance activities in coopera19 tion with one or more non-Federal entities, including

20 any arrangement that involves other Federal agen21 cies.

22 (8) The term ‘‘Secretary’’ means the Secretary

23 of Energy.
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1 SEC. 3142. AUTHORITY TO CARRY OUT ACTIVITIES UTILIZ2 ING THE CORE COMPETENCIES OF DEPART3 MENTAL LABORATORIES.

4 (a) IN GENERAL.—(1) In carrying out the missions

5 of the Department, the Secretary and the departmental

6 laboratories may conduct research activities, development

7 activities, and demonstration activities and activities relat8 ing to the commercial applications of technology that uti9 lize the core competencies of the departmental labora10 tories.

11 (2) The Secretary may assign to departmental lab12 oratories any of the following missions:

13 (A) National security missions, including the—

14 (i) advancement of the military application

15 of nuclear energy;

16 (ii) support of the production of nuclear

17 weapons, and nuclear components to non-nu18 clear weapon systems, including production of

19 special nuclear materials;

20 (iii) support of naval nuclear propulsion

21 programs;

22 (iv) support of the dismantlement of nu23 clear weapons and the safe storage, transpor24 tation, and disposal of special nuclear materials;

25 (v) development of technologies and proc26 esses for—
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•S 1339 PCS

1 (I) the safe storage, processing, treat2 ment, transportation, and disposal of haz3 ardous waste (including radioactive and

4 mixed waste) resulting from nuclear mate5 rials production, weapons production and

6 surveillance programs, and naval nuclear

7 propulsion programs;

8 (II) the reduction of environmental

9 hazards and contamination relating to such

10 waste; and

11 (III) the environmental restoration of

12 sites affected by such waste;

13 (vi) development of technologies and proc14 esses that facilitate—

15 (I) the effective negotiation and ver16 ification of international arms control

17 agreements; and

18 (II) the containment of the prolifera19 tion of nuclear weapons and the prolifera20 tion of delivery systems for such weapons;

21 and

22 (vii) protection of health and promotion of

23 safety in carrying out other national security

24 missions.
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1 (B) Energy-related science and technology mis2 sions, including—

3 (i) enhancement of the understanding of

4 all forms of energy production and use;

5 (ii) support of basic and applied research

6 on the fundamental nature of matter and en7 ergy, including construction and operation of

8 unique scientific instruments for such research;

9 (iii) development of energy resources, in10 cluding solar, geothermal, fossil, and nuclear

11 energy resources;

12 (iv) pursuit of a comprehensive program of

13 research and development on the environmental

14 effects of energy technologies and programs;

15 (v) development of technologies and proc16 esses to reduce the generation of waste and pol17 lution and the consumption of energy or mate18 rials;

19 (vi) development of technologies and proc20 esses for the safe storage, processing, treat21 ment, management, transportation, and dis22 posal of nuclear waste resulting from commer23 cial nuclear activities; and

24 (vii) improvement of the quality of edu25 cation in science, mathematics, and engineering.
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1 (C) Industrial infrastructure missions, in tech2 nology areas such as—

3 (i) microelectronics;

4 (ii) high-performance computing and com5 munications;

6 (iii) transportation;

7 (iv) advanced manufacturing;

8 (v) advanced materials;

9 (vi) space;

10 (vii) human health sciences; and

11 (viii) environmental science.

12 (D) Technology transfer missions.

13 (3) In carrying out the Department’s missions, the

14 Secretary and the directors of the departmental labora15 tories shall, to the maximum extent practicable, make use

16 of partnerships. Such partnerships shall be for the follow17 ing purposes:

18 (A) To foster the development of technologies

19 that the private sector can commercialize in areas of

20 technology having broad significance for United

21 States technological and economic competitiveness.

22 (B) To provide Federal support for technology

23 development in areas in which the level of cost or

24 risk inhibits activities by the private sector but in
47

•S 1339 PCS

1 which the potential benefit to the United States of

2 such activities is high.

3 (C) To contribute to the education and training

4 of scientists and engineers.

5 (D) To provide college, university, and private

6 researchers with access to departmental laboratory

7 facilities.

8 (E) To provide technical expertise to colleges

9 and universities, private industry, and other Federal

10 agencies.

11 (b) PARTNERSHIP AGREEMENTS.—In carrying out

12 partnerships, the Secretary may enter into agreements

13 using instruments authorized under applicable law with

14 any person, any department, agency, or instrumentality

15 of the Federal Government, any State or local govern16 mental entity, any educational institution, and any other

17 entity. To the extent authorized under applicable law, such

18 agreements may include contracts, cooperative research

19 and development agreements, work for other agreements,

20 user-facility agreements, cooperative agreements, grants,

21 personnel exchange agreements, patent and software li22 censes, and other forms of agreements.

23 (c) UTILIZATION OF TECHNOLOGY BY PRIVATE SEC24 TOR.—To the maximum extent practicable, the Secretary

25 and the directors of the departmental laboratories shall
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•S 1339 PCS

1 utilize partnerships with United States industry in order

2 to ensure that technologies developed in pursuit of the De3 partment’s missions are applied and utilized in and by the

4 private sector in an appropriate and timely manner.

5 (d) COOPERATION WITH OTHER FEDERAL AGEN6 CIES.—The Secretary shall make available to the other

7 Federal agencies any assistance of a departmental labora8 tory that takes advantage of any of the core competencies

9 of the laboratory to contribute to the performance of one

10 or more of the missions of the other agencies. A depart11 mental laboratory may provide assistance under this sub12 section to carry out research activities, development activi13 ties, demonstration activities, and activities relating to

14 commercial applications of technology.

15 SEC. 3143. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS

16 BETWEEN DEPARTMENTAL LABORATORIES

17 AND UNITED STATES INDUSTRY.

18 (a) GOAL FOR MULTI-PROGRAM DEPARTMENTAL

19 LABORATORIES.—In each fiscal year after fiscal year

20 1993, it shall be the goal of the Secretary to make avail21 able for partnerships that involve United States and pri22 vate industry and that provide for the sharing by the

23 United States and the private partners of the costs of

24 partnership activities not less than 20 percent of the funds

25 allocated by the Secretary for such fiscal year to each
49

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1 multi-program departmental laboratory for research ac2 tivities, development activities, and demonstration activi3 ties and activities relating to the commercial applications

4 of technology.

5 (b) GOAL FOR OTHER DEPARTMENTAL LABORA6 TORIES.—In each fiscal year after fiscal year 1993, the

7 Secretary shall seek to make available to partnerships de8 scribed in subsection (a) an amount equal to the percent9 age established by the Secretary at the beginning of such

10 fiscal year for the purposes of this subsection of the funds

11 allocated by the Secretary for such fiscal year to depart12 mental laboratories (other than the departmental labora13 tories referred to in subsection (a)) for research activities,

14 development activities, and demonstration activities and

15 activities relating to the commercial applications of tech16 nology.

17 SEC. 3144. AVAILABILITY OF FUNDS FOR PARTNERSHIPS

18 ACTIVITIES.

19 (a) DEPARTMENT FUNDS FOR RESEARCH, DEVELOP20 MENT, AND DEMONSTRATION ACTIVITIES.—Funds made

21 available to the Department of Energy for research activi22 ties, development activities, and demonstration activities

23 relating to the commercial applications of technology shall

24 be available for partnerships to the extent that such part-
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1 nerships are consistent with the goals and objectives of

2 such activities.

3 (b) DEPARTMENT FUNDS FOR NATIONAL SECURITY

4 PROGRAMS.—Funds authorized to be appropriated to the

5 Department of Energy for Department of Energy national

6 security programs shall be available for partnerships to

7 the extent such partnerships are consistent with the goals

8 and objectives of such programs.

9 (c) DEPARTMENT FUNDS FOR DEPARTMENTAL LAB10 ORATORIES.—Funds made available to the Department of

11 Energy for laboratory directed research and development

12 shall be available for any partnership.

13 SEC. 3145. AMENDMENTS TO STEVENSON-WYDLER TECH14 NOLOGY INNOVATION ACT.

15 (a) AGENCY REVIEW OF CERTAIN COOPERATIVE

16 AGREEMENTS.—Section 12(c)(5)(C) of the Stevenson17 Wydler Technology Innovation Act of 1980 (15 U.S.C.

18 3710a(c)(5)(C)) is amended—

19 (1) by striking out clause (i) and inserting in

20 lieu thereof the following:

21 ‘‘(i) Any agency that has contracted with a non-Fed22 eral entity to operate a laboratory shall review and ap23 prove, request specific modifications to, or disapprove a

24 joint work statement and cooperative research and devel25 opment agreement that is submitted by the director of
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1 such laboratory within 30 days after such submission. In

2 any case where an agency has requested specific modifica3 tions to a joint work statement or cooperative research

4 and development agreement, the agency shall approve or

5 disapprove any resubmission of such joint work statement

6 or cooperative research and development agreement within

7 15 days after such resubmission. No agreement may be

8 entered into by a Government-owned, contractor-operated

9 laboratory under this section before approval of the coop10 erative research and development agreement and a joint

11 work statement.’’;

12 (2) in clause (ii), by inserting ‘‘or cooperative

13 research and development agreement’’ after ‘‘joint

14 work statement’’;

15 (3) by striking out clause (iv) and inserting in

16 lieu thereof the following:

17 ‘‘(iv) If an agency fails to complete a review under

18 clause (i) within the period specified for the review in that

19 clause, the agency shall submit to the Congress, within

20 10 days after the end of the period, a report on the rea21 sons for such failure. The agency shall submit such a re22 port at the end of each successive 15-day period in which

23 a review under such clause remains uncompleted.’’; and

24 (4) by striking out clauses (v) and (vi).
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1 (b) REVISION OF DEFINITION OF LABORATORY.—

2 Section 12(d)(2) of the Stevenson-Wydler Technology In3 novation Act of 1980 (15 U.S.C. 3710a(d)(2)) is amend4 ed—

5 (1) in subparagraph (B), by striking out ‘‘sub6 stantial’’ before ‘‘purpose’’; and

7 (2) in subparagraph (C), by striking out ‘‘the

8 primary purpose’’ and inserting in lieu thereof ‘‘one

9 of the purposes’’.

10 TITLE XXXII—NUCLEAR SAFETY

11 SEC. 3201. AUTHORIZATION FOR DEFENSE NUCLEAR SAFE12 TY BOARD.

13 There are authorized to be appropriated for fiscal

14 year 1994, $18,000,000 for the operation of the Defense

15 Nuclear Facilities Safety Board under chapter 21 of the

16 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

17 SEC. 3202. REQUIREMENT FOR TRANSMITTAL TO CON18 GRESS OF CERTAIN INFORMATION PRE19 PARED BY DEFENSE NUCLEAR SAFETY

20 BOARD.

21 (a) REQUIREMENT.—Chapter 21 of the Atomic En22 ergy Act of 1954 (42 U.S.C. 2286 et seq.) is amended—

23 (1) by redesignating section 320 as section 321;

24 and
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1 (2) by inserting after section 319 the following

2 new section 320:

3 ‘‘SEC. 320. TRANSMITTAL OF CERTAIN INFORMATION TO

4 CONGRESS.

5 ‘‘Whenever the Board submits or transmits to the

6 President or the Director of the Office of Management

7 and Budget any budget estimate, budget request, supple8 mental budget request, or other budget information, any

9 legislative recommendation, or any statement or informa10 tion in preparation of a report to be submitted to Congress

11 pursuant to section 316(a), the Board shall submit at the

12 same time a copy thereof to Congress.’’.

13 (b) CLERICAL AMENDMENT.—The table of contents

14 at the beginning of the Atomic Energy Act of 1954 (42

15 U.S.C. 2011 et seq.) is amended by striking out the item

16 relating to section 320 and inserting in lieu thereof the

17 following:

‘‘Sec. 320. Transmittal of certain information to Congress.

‘‘Sec. 321. Annual authorization of appropriations.’’.