H. R. 2401—398
funds for such planning and 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, 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
defense activity construction project that, as determined by the
Secretary, must proceed expeditiously in order to protect public
health and safety, meet the needs of national defense, or 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)
does not apply to emergency planning, design, and construction
activities conducted under this section.
(d) REPORT.—The Secretary of Energy shall promptly report
to the congressional defense committees any exercise of authority
under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation 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 operating expenses, plant projects, and capital equip-
ment may remain available until expended.
Subtitle C—Program Authorizations,
Restrictions, and Limitations
SEC. 3131. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.
Of the funds authorized to be appropriated to the Department
of Energy for fiscal year 1994 for operating expenses and plant
and capital equipment, $188,413,000 shall be available for the
defense inertial confinement fusion program.
SEC. 3132. PAYMENT OF PENALTY ASSESSED AGAINST HANFORD
PROJECT.
The Secretary of Energy may pay to the Hazardous Substances
Response Trust, from funds appropriated to the Department of
Energy for environmental restoration and waste management activi-
ties pursuant to section 3102, a stipulated civil penalty in the
amount of $100,000 assessed under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42
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H. R. 2401—399
U.S.C. 9601 et seq.) and the Hanford Consent Agreement and
Compliance Order for Department of Energy Hanford.
SEC. 3133. WATER MANAGEMENT PROGRAMS.
From funds authorized to be appropriated pursuant to section
3102(a) to the Department of Energy for environmental restoration
and waste management activities, the Secretary of Energy may
reimburse the cities of Westminster, Broomfield, Thornton, and
Northglenn, in the State of Colorado, $11,300,000 for the cost of
implementing water management programs. Reimbursements for
the water management programs shall not be considered a major
Federal action for purposes of section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
SEC. 3134. TECHNOLOGY TRANSFER.
(a) IN GENERAL.—(1) The Secretary of Energy may use for
technology transfer activities described in paragraph (2), and for
cooperative research and development agreements and partnerships
to carry out such activities, funds appropriated or otherwise made
available to the Department of Energy for fiscal year 1994 under
sections 3101 and 3103.
(2) The activities that may be funded under this paragraph
are those activities determined by the Secretary of Energy to fa-
cilitate the maintenance and enhancement of critical skills required
for research on, and development of, any dual-use critical
technology.
(b) APPLICABILITY OF CERTAIN LAWS.—The Secretary of Energy
shall conduct the activities funded under subsection (a) in accord-
ance with applicable laws and regulations relating to grants, con-
tracts, and cooperative agreements of the Department of Energy,
including the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3701 et seq.), the National Competitiveness Technology
Transfer Act of 1989 (15 U.S.C. 3701 note), and section 3136 of
the National Defense Authorization Act for Fiscal Years 1992 and
1993 (42 U.S.C. 2123).
(c) DEFINITION.—For purposes of this section, the term ‘‘dual-
use critical technology’’ has the meaning given such term by section
3136(b) of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (42 U.S.C. 2123(b)).
SEC. 3135. TECHNOLOGY TRANSFER AND ECONOMIC DEVELOPMENT
ACTIVITIES FOR COMMUNITIES SURROUNDING SAVAN-
NAH RIVER SITE.
(a) PLAN.—(1) The Secretary of Energy shall submit to the
Congress a plan for the expenditure of funds in an equitable manner
to foster technology transfer to, and economic development activities
in, the communities surrounding the Savannah River Site, South
Carolina.
(2) The plan required under paragraph (1)—
(A) shall be based on a report on the matters referred
to in that paragraph that is prepared by the appropriate official
of the Department of Energy at the Savannah River Site and
submitted to the Secretary; and
(B) shall be submitted to the Congress by the Secretary
within 30 days after the date on which the report referred
to in subparagraph (A) is submitted to the Secretary.
(b) LIMITATION.—The Secretary of Energy may not, for the
purpose of fostering technology transfer to, and economic develop-
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H. R. 2401—400
ment activities in, the communities referred to in subsection (a)(1),
obligate more than $5,000,000 of the $30,000,000 appropriated to
the Department of Energy for such purpose pursuant to the
authorization of appropriations in section 3102 until 30 days after
the date on which the Secretary submits to the Congress the plan
required under that subsection.
SEC. 3136. PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-
YIELD NUCLEAR WEAPONS.
(a) UNITED STATES POLICY.—It shall be the policy of the United
States not to conduct research and development which could lead
to the production by the United States of a new low-yield nuclear
weapon, including a precision low-yield warhead.
(b) LIMITATION.—The Secretary of Energy may not conduct,
or provide for the conduct of, research and development which
could lead to the production by the United States of a low-yield
nuclear weapon which, as of the date of the enactment of this
Act, has not entered production.
(c) EFFECT ON OTHER RESEARCH AND DEVELOPMENT.—Nothing
in this section shall prohibit the Secretary of Energy from conduct-
ing, or providing for the conduct of, research and development
necessary—
(1) to design a testing device that has a yield of less
than five kilotons;
(2) to modify an existing weapon for the purpose of address-
ing safety and reliability concerns; or
(3) to address proliferation concerns.
(d) DEFINITION.—In this section, the term ‘‘low-yield nuclear
weapon’’ means a nuclear weapon that has a yield of less than
five kilotons.
SEC. 3137. TESTING OF NUCLEAR WEAPONS.
(a) IN GENERAL.—Of the funds authorized to be appropriated
under section 3101(a)(2) for the Department of Energy for fiscal
year 1994 for weapons testing, $211,326,000 shall be available
for infrastructure maintenance at the Nevada Test Site, and for
maintaining the technical capability to resume underground nuclear
testing at the Nevada Test Site.
(b) ATMOSPHERIC TESTING
OF NUCLEAR WEAPONS.—None of
the funds appropriated pursuant to this Act or any other Act
for any fiscal year may be available to maintain the capability
of the United States to conduct atmospheric testing of a nuclear
weapon.
SEC. 3138. STOCKPILE STEWARDSHIP PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Energy shall establish
a stewardship program to ensure the preservation of the core
intellectual and technical competencies of the United States in
nuclear weapons, including weapons design, system integration,
manufacturing, security, use control, reliability assessment, and
certification.
(b) PROGRAM
ELEMENTS.—The program shall include the
following:
(1) An increased level of effort for advanced computational
capabilities to enhance the simulation and modeling capabilities
of the United States with respect to the detonation of nuclear
weapons.
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H. R. 2401—401
(2) An increased level of effort for above-ground experi-
mental programs, such as hydrotesting, high-energy lasers,
inertial confinement fusion, plasma physics, and materials
research.
(3) Support for new facilities construction projects that
contribute to the experimental capabilities of the United States,
such as an advanced hydrodynamics facility, the National Igni-
tion Facility, and other facilities for above-ground experiments
to assess nuclear weapons effects.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of funds authorized
to be appropriated to the Secretary of Energy for fiscal year 1994
for weapons activities, $157,400,000 shall be available for the
stewardship program established under subsection (a).
(d) REPORT.—Each year, at the same time the President submits
the budget under section 1105 of title 31, United States Code,
the President shall submit to the Congress a report covering the
most recently completed calendar year which sets forth—
(1) any concerns with respect to the safety, security,
effectiveness, or reliability of existing United States nuclear
weapons raised by the Stockpile Surveillance Program of the
Department of Energy, and the calculations and experiments
performed by Sandia National Laboratories, Lawrence Liver-
more National Laboratory, or Los Alamos National Laboratory;
and
(2) if such concerns have been raised, the President’s
evaluation of each concern and a report on what actions are
being or will be taken to address that concern.
SEC. 3139. NATIONAL SECURITY PROGRAMS.
Notwithstanding any other provision of law, not more than
95 percent of the funds appropriated to the Department of Energy
for national security programs under this title may be obligated
for such programs until the Secretary of Energy submits to the
congressional defense committees the five-year budget plan with
respect to fiscal year 1994 required under section 3144 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1681; 42 U.S.C. 7271b).
SEC. 3140. EXPENDED CORE FACILITY DRY CELL.
None of the funds appropriated or otherwise made available
to the Department of Energy for fiscal year 1994 may be obligated
for project 90–N–102, expended core facility dry cell project, Naval
Reactors Facility, Idaho, until shipment of spent naval nuclear
fuel from United States naval surface ships and submarines to
the Idaho Engineering Laboratory, Idaho, is resumed.
SEC. 3141. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR ENVIRON-
MENTAL RESTORATION AND WASTE MANAGEMENT.
Of the funds authorized to be appropriated to the Department
of Energy for fiscal year 1994 for environmental restoration and
waste management, $1,000,000 shall be available for the Scholar-
ship and Fellowship Program for Environmental Restoration and
Waste Management carried out under section 3132 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (42
U.S.C. 7274e).
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