H. R. 1530—440
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary
of Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other Federal
agencies for the performance of work for which the funds were
authorized. Funds so transferred may be merged with and be avail-
able for the same purposes and for the same period as the authoriza-
tions of the Federal agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY; LIMITATIONS.—
(1) Subject to paragraph (2), the Secretary of Energy may transfer
funds authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations. Amounts
of authorizations so transferred may be merged with and be avail-
able for the same purposes and for the same period as the authoriza-
tion to which the amounts are transferred.
(2) Not more than five percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased by more than
five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer authoriza-
tions—
(A) may only be used to provide funds for items relating
to weapons activities necessary for national security programs
that have a higher priority than the items from which the
funds are transferred; and
(B) may not be used to provide authority for an item
that has been denied funds by Congress.
(c) NOTICE
TO CONGRESS.—The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives of any transfer of funds to or from authorizations under
this title.
SEC. 3125. AUTHORITY 
FOR 
CONCEPTUAL 
AND 
CONSTRUCTION
DESIGN.
(a) REQUIREMENT
FOR CONCEPTUAL DESIGN.—(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction project
that is in support of a national security program of the Department
of Energy, the Secretary of Energy shall complete a conceptual
design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary shall
submit to Congress a request for funds for the conceptual design
before submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds—
(A) for a construction project the total estimated cost of
which is less than $2,000,000; or
(B) for emergency planning, design, and construction activi-
ties under section 3126.
(b) AUTHORITY
FOR CONSTRUCTION DESIGN.—(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and engineer-
ing services) in connection with any proposed construction project
if the total estimated cost for such design does not exceed $600,000.
H. R. 1530—441
(2) If the total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000, funds for such
design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an authorization
in this title, including those funds authorized to be appropriated
for advance planning and construction design under sections 3101,
3102, and 3103, to perform planning, design, and construction
activities for any Department of Energy national security program
construction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect property.
(b) LIMITATION.—The Secretary may not exercise the authority
under subsection (a) in the case of any construction project until
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry
out under this section and the circumstances making such activities
necessary.
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2)
does not apply to emergency planning, design, and construction
activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section
3121, amounts appropriated pursuant to this title for management
and support activities and for general plant projects are available
for use, when necessary, in connection with all national security
programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts appro-
priated for operation and maintenance or for plant projects may
remain available until expended.
Subtitle C—Program Authorizations,
Restrictions, and Limitations
SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE
MATERIALS.
(a) AUTHORITY.—The Secretary of Energy may conduct pro-
grams designed to improve the protection, control, and accountabil-
ity of fissile materials in Russia.
(b) SEMI-ANNUAL REPORTS ON OBLIGATION OF FUNDS.—(1) Not
later than 30 days after the date of the enactment of this Act,
and thereafter not later than April 1 and October 1 of each year,
the Secretary of Energy shall submit to Congress a report on
each obligation during the preceding six months of funds appro-
priated for a program described in subsection (a).
(2) Each such report shall specify—
(A) the activities and forms of assistance for which the
Secretary of Energy has obligated funds;
(B) the amount of the obligation;
H. R. 1530—442
(C) the activities and forms of assistance for which the
Secretary anticipates obligating funds during the six months
immediately following the report, and the amount of each such
anticipated obligation; and
(D) the projected involvement (if any) of any department
or agency of the United States (in addition to the Department
of Energy) and of the private sector of the United States in
the activities and forms of assistance for which the Secretary
of Energy has obligated funds referred to in subparagraph
(A).
SEC. 3132. NATIONAL IGNITION FACILITY.
None of the funds authorized to be appropriated pursuant
to this title for construction of the National Ignition Facility may
be obligated until—
(1) the Secretary of Energy determines that the construc-
tion of the National Ignition Facility will not impede the nuclear
nonproliferation objectives of the United States; and
(2) the Secretary of Energy notifies the congressional
defense committees of that determination.
SEC. 3133. TRITIUM PRODUCTION PROGRAM.
(a) ESTABLISHMENT
OF PROGRAM.—The Secretary of Energy
shall establish a tritium production program that is capable of
meeting the tritium requirements of the United States for nuclear
weapons. In carrying out the tritium production program, the Sec-
retary shall—
(1) complete the tritium supply and recycling environ-
mental impact statement in preparation by the Secretary as
of the date of the enactment of this Act; and
(2) assess alternative means for tritium production, includ-
ing production through—
(A) types of new and existing reactors, including multi-
purpose reactors (such as advanced light water reactors
and gas turbine gas-cooled reactors) capable of meeting
both the tritium production requirements and the pluto-
nium disposition requirements of the United States for
nuclear weapons;
(B) an accelerator; and
(C) multipurpose reactor projects carried out by the
private sector and the Government.
(b) FUNDING.—Of funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, not more than
$50,000,000 shall be available for the tritium production program
established pursuant to subsection (a).
(c) LOCATION OF TRITIUM PRODUCTION FACILITY.—The Secretary
shall locate any new tritium production facility of the Department
of Energy at the Savannah River Site, South Carolina.
(d) COST-BENEFIT ANALYSIS.—(1) The Secretary shall include
in the statements referred to in paragraph (2) a comparison of
the costs and benefits of carrying out two projects for the separate
performance of the tritium production mission of the Department
and the plutonium disposition mission of the Department with
the costs and benefits of carrying out one multipurpose project
for the performance of both such missions.
(2) The statements referred to in paragraph (1) are—
(A) the environmental impact statement referred to in sub-
section (a)(1);
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(B) the plutonium disposition environmental impact state-
ment in preparation by the Secretary as of the date of the
enactment of this Act; and
(C) assessments related to the environmental impact state-
ments referred to in subparagraphs (A) and (B).
(e) REPORT.—Not later than 45 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the tritium
production program established pursuant to subsection (a). The
report shall include a specification of—
(1) the planned expenditures of the Department during
fiscal year 1996 for any of the alternative means for tritium
production assessed under subsection (a)(2);
(2) the amount of funds required to be expended by the
Department, and the program milestones (including feasibility
demonstrations) required to be met, during fiscal years 1997
through 2001 to ensure tritium production beginning not later
than 2005 that is adequate to meet the tritium requirements
of the United States for nuclear weapons; and
(3) the amount of such funds to be expended and such
program milestones to be met during such fiscal years to ensure
such tritium production beginning not later than 2011.
(f) TRITIUM TARGETS.—Of the funds made available pursuant
to subsection (b), not more than $5,000,000 shall be available for
the Idaho National Engineering Laboratory for the test and develop-
ment of nuclear reactor tritium targets for the types of reactors
assessed under subsection (a)(2)(A).
SEC. 3134. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substance
Superfund established under section 9507 of the Internal Revenue
Code of 1986 (26 U.S.C. 9507), from funds appropriated to the
Department of Energy for environmental restoration and waste
management activities pursuant to section 3102, stipulated civil
penalties in the amount of $350,000 assessed under the Comprehen-
sive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) against the Rocky Flats Site, Colorado.
SEC. 3135. FISSILE MATERIALS DISPOSITION.
(a) IN GENERAL.—Of the funds authorized to be appropriated
to the Department of Energy for fiscal year 1996 pursuant to
section 3103, $70,000,000 shall be available only for purposes of
completing the evaluation of, and commencing implementation of,
the interim- and long-term storage and disposition (including stor-
age and disposition through the use of advanced light water reactors
and gas turbine gas-cooled reactors) of fissile materials (including
plutonium, highly enriched uranium, and other fissile materials)
that are excess to the national security needs of the United States.
(b) AVAILABILITY OF FUNDS FOR MULTIPURPOSE REACTORS.—
Of funds made available pursuant to subsection (a), sufficient funds
shall be made available for the complete consideration of multipur-
pose reactors for the disposition of fissile materials in the pro-
grammatic environmental impact statement of the Department.
(c) LIMITATION.—Of funds made available pursuant to sub-
section (a), $10,000,000 shall be available only for a plutonium
resource assessment.