DOE-Related Excerpts
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1998
CONFERENCE REPORT
to accompany
H.R. 1119
October 23, 1997
105th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report 105-340
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TITLE XIII--ARMS CONTROL AND RELATED MATTERS
LEGISLATIVE PROVISIONS ADOPTED
Advice to the President and Congress regarding the safety,
security, and reliability of United States nuclear weapons stockpile
(sec. 1305)
The Senate amendment contained a provision (sec. 1084) that would
extend to the directors of Department of Energy nuclear
weapons laboratories, the Commander in Chief of the U.S. Strategic
Command, and any member of the Joint Nuclear Weapons Council protection
against adverse action by employees of the Federal Government in cases
where those individuals gave advice or opinions to the President or
Congress relating to a safety, security, or reliability issue with the
nuclear weapons stockpile.
The House bill contained no similar provision.
The House recedes with an amendment that would modify section
3159(b) of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104 201) to require that reports on problems with the
nuclear weapons stockpile prepared by the directors of the nuclear
weapons laboratories be submitted to the President, in addition to
Congress, and to extend protection to the Department of Energy nuclear
weapons production plant managers. Section 3159(b) would be modified to
require the Department of Energy Assistant Secretary for Defense
Programs to forward any such reports in their entirety, with any
comments the Assistant Secretary deems appropriate, within ten days.
The conferees note that the Congress has frequently expressed its
view that the stewards of the nuclear weapons stockpile must freely give
their best advice on the safety and reliability of the stockpile. The
conferees note that earlier legislation has provided for reports on such
advice.
...................
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Overview
The budget request for fiscal year 1998 contained an authorization
of $13,597.6 million for the Defense Nuclear Activities. The House bill
would authorize $10,951.9 million. The Senate amendment would authorize
$11,204.4 million. The conferees recommended an authorization of
$11,502.8 million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Offset Folios 1446 to 1465 Insert here
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Weapons activities (sec. 3101)
The House bill contained a provision (sec. 3101) that would
authorize $4.0 billion for the Department of Energy (DOE) weapons
activities.
The Senate amendment contained a similar provision (sec. 3101) that
would authorize $4.0 billion for DOE weapons activities.
The Senate recedes with an amendment that would authorize $4.1
billion for this account for the following activities: $1.9 billion for
stockpile stewardship; $2.0 billion for stockpile management; and $250.0
million for program direction. The authorization includes a general
reduction of $22.6 million. The conferees recommend a reduction of $53.5
million to the budget request for program direction. The conferees note
that recent independent assessments from the Institute for Defense
Analysis and the General Accounting Office have identified a number of
recommendations regarding how best to streamline the management
structure within the Office of Defense Programs. The conferees believe
that implementing such recommendations would reduce management costs and
increase the effectiveness of the Department's weapons programs.
The budget request included $15.7 million for the incremental
component of the construction upgrades at the Chemistry and Metallurgy
Research Facility at Los Alamos National Laboratory. Because of cost
overruns and pending the outcome of the Department's ongoing review into
this project, the conferees recommend $5.0 million for this activity.
The conferees adopt this position, without prejudice.
The conferees recommend $217.0 million, the amount requested, for
the inertial confinement fusion operating program. Within the total
amount authorized for this activity, the conferees recommend that $26.1
million be made available for the University of Rochester's Laboratory
for Laser Energetics, an increase of $2.5 million.
The conferees recommend an additional $10.0 million for a surety
program to improve waste minimization efforts related to the
Department's stockpile management program and an additional $8.0 million
to continue tritium facility upgrades initiated in fiscal year 1997 at
the Savannah River Site.
..........
Environmental restoration and waste management (sec. 3102)
The House bill contained a provision (sec. 3102) that would
authorize $5.3 billion for Department of Energy (DOE) environmental
restoration and waste management activities.
The Senate amendment contained a similar provision (sec. 3102) that
would authorize $5.1 billion for DOE environmental restoration and waste
management activities. The Senate amendment authorized $274.7 million
for Defense Environmental Management Privatization projects in a
separate provision.
The Senate recedes with an amendment that would authorize $5.5
billion for Environmental Management activities, including: $1.0 billion
for environmental restoration; $1.6 billion for waste management; $220.0
million for technology development; $1.3 billion for nuclear material
and facility stabilization; $20.0 million for policy and management;
$55.0 million for the Environmental Management science program; $875.0
million for closure projects; $345.8 million for program direction; and
$224.7 million for defense Environmental Management privatization. The
authorization includes a general reduction of $50.0 million.
The conferees recommend an additional $10.0 million for
environmental restoration. Of this increase, the conferees recommend an
additional $5.0 million to accelerate closure of the Hanford 100 Area in
Richland, Washington.
The conferees recommend an additional $35.3 million for waste
management. Of the funds available for waste management, the conferees
recommend an additional $12.0 million for the Savannah River site to
increase production at the Defense Waste Processing Facility (DWPF) and
$8.2 million to support high-level waste research and development work
at the Idaho National Engineering and Environmental Laboratory. The
conferees direct the Department to make available an additional $25.0
million to allow the consolidated incineration facility to operate at
full capacity, as originally intended, to assure that the DWPF operates
at its designed capacity, and that the site has sufficient funds to
accelerate the disposal of transuranic waste.
The conferees urge the Department to assess the cost savings that
may be available if it is able to develop a successful spent fuel or
high level waste storage cask system using high density concrete. Of the
waste management funds authorized in section 3102 of this title, no more
than $3.0 million may be made available for this demonstration project.
The conferees recommend an increase of $58.0 million to nuclear
material and facility stabilization to be allocated as follows: $47.0
million for nuclear material stabilization operations at the F- and
H-canyon facilities and $11.0 million for the National Spent Fuel
Program.
The conferees recommend $220.0 million for technology development, a
$37.9 million reduction. This reduction reflects the Department's
proposed reduction to the Technology Deployment Initiative and greater
cost-sharing with technology user organizations within the Department.
The conferees are supportive of the Office of Science and Technology's
efforts to move technologies from the late stages of research and
development into use. The conferees believe that Environmental
Management line organizations should place a greater emphasis on
innovative technical approaches when executing records of decision,
meeting tri-party agreement milestones, or selecting clean up and waste
management approaches. The Department has a poor record in deploying
DOE-developed cleanup and waste management technologies. The conferees
believe that senior management attention will be required if the
Department is to benefit from those technologies that have already been
developed by the Department, but have not been applied at DOE facilities.
The conferees recommend $55.0 million for the Environmental
Management science program, an increase of $5.0 million.
The conferees recommend $20.0 million for the Office of Policy, a
$3.1 million reduction.
The conferees recommend $345.8 million for program direction, a
$42.5 million reduction.
The conferees recommend $875.0 million for the project closure
account, an increase of $860.0 million. The increase to this account has
been derived from the following sources: a transfer of $743.6 million
from environmental restoration, a transfer of $45.2 million from the
operations and maintenance account within the stockpile management
program, and an additional $71.2 million. The conferees recommend
allocating closure project account funds as follows: $648.4 million for
the Rocky Flats Environmental Technology Site and $226.6 million for the
Fernald Environmental Management Project. The conferees strongly support
the efforts of the adjacent communities to close these two sites within
the next ten years.
The transfer of $45.2 million from stockpile management represents
the costs associated with the provision of security at the Rocky Flats
Site and the Fernald Site. The conferees are aware that this transfer of
funds will also require the Office of Environmental Management to accept
custodial responsibility of weapons grade special nuclear material,
which constitutes a change in current practice.
Other defense activities (sec. 3103)
The budget request included $1.606 billion for Other Defense
Activities of the Department of Energy (DOE) for fiscal year 1998.
The House bill contained a provision (sec. 3103) that would
authorize $1.5 billion for Other Defense Activities, a reduction of
$93.4 million to the budget request.
The Senate amendment contained a provision (sec. 3103) that would
authorize $1.6 billion for Other Defense Activities, an increase of
$28.0 million to the budget request.
The conferees agree to a provision that would authorize $1.636
billion for Other Defense Activities.
Verification and control technology
The conferees agree to authorize $478.2 million for verification and
control technology.
The conferees are concerned by recent reports that a substantial
portion of the aid intended for Russian scientists under the Initiatives
for Proliferation Prevention (IPP) program is being siphoned off by
duties, regional taxes, overhead charges and other assessments by
Russian entities. The conferees direct the Secretary of Energy to report
to the Congress by March 31, 1998 on the impact of these charges on the
program and to provide detailed recommendations on how these problems
can be corrected.
To close gaps identified in DOE's nuclear smuggling program, the
conferees agree to provide $16.0 million for nuclear smuggling
activities, a $3.0 million increase, from funds available in
verification and control technology, to enhance further and accelerate
the Department's nuclear forensic analytical capability. The conferees
have been supportive of efforts by the Department of Defense (DOD) and
DOE to respond to any domestic terrorist use of weapons of mass
destruction. From the funds authorized for verification and control
technology, $2.0 million is available for training and related
activities to prepare federal, state, and local first responders to work
effectively as part of the domestic emergency response program. The
conferees understand that nuclear training curriculum for local first
responders has been prepared by the DOE defense programs, and that this
program is coordinated with the DOD, the agency responsible for
preparing the chemical and biological training and exercise programs. In
order to maximize the number of participants in the exercises, and to
take advantage of cost savings, the conferees recommend that DOE
continue to coordinate the activities of its exercises with the
executive agent and program manager for the DOD domestic emergency
preparedness program in order to integrate mixed scenarios of chemical,
biological and nuclear incidents in the exercises.
The Secretary of Energy was directed in the statement of managers
accompanying the conference report for the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 102 201) to provide
an annual evaluation to the Congress of the expected powers and expected
limits that define the extent to which science and technology can aid
the nonproliferation effort. The conferees direct the Secretary to
submit the first annual report on February 1, 1998. The conferees
continue to believe that advances in science and technology will improve
the ability to detect the presence, transportation, and use of weapons
of mass destruction. The ability of such advanced technologies to be
developed and used may, however, be impeded or otherwise affected by
regional powers and interests. The evaluation to be conducted should
include an analysis of regional and local situations, requirements, and
power structures that can either aid or deter deployment of new
technology for nonproliferation efforts.
International nuclear safety
The conferees agree to provide $47.0 million for nuclear energy,
including $35.0 million for international nuclear safety activities.
The conferees were recently notified that the DOE fiscal year 1999
funding for these activities will not be included in DOE national
security programs. The conferees appreciate the administration's intent
to comply with congressional guidance and to seek funding for these
activities from sources other than the defense accounts.
Naval reactors
The conferees recommend an increase of $44.5 million to the budget
request for naval reactors to expedite decommissioning and
decontamination activities at surplus training facilities.
The conferees consider the naval reactors program to be a critical
defense activity. The conferees are concerned that the DOE
has demonstrated a pattern of consistently underestimating
funding requirements for this program in budget requests. The conferees
strongly encourage the Department to request adequate funding for this
program in future fiscal year budget requests to allow this program to
accomplish the stated objectives in an efficient manner.
Declassification productivity initiative
The conferees continue to support the Declassification Productivity
Initiative. The conferees are concerned that the Department of Energy
lacks both the appropriate technical personnel and integrating
components required to carry out successfully this program. Recognizing
the complexities surrounding the development of a computer-aided system
to improve the efficiency and security of the declassification process,
the conferees are concerned that the limited funds provided to this
program are being allocated among numerous laboratories, universities,
and industry without clear technical direction or coordination by the
Department. The conferees direct the Director of the Office of
Declassification to begin to develop a management and integration
strategy to coordinate and streamline the various initiatives carried
out within the Declassification Productivity Initiative. In addition,
the conferees strongly discourage any shifting of funds from the
Declassification Productivity Initiative to other declassification
activities.
...........
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
...........
International cooperative stockpile stewardship programs (sec. 3133)
The Senate amendment contained a provision (sec. 3132) that would
prohibit the Department of Energy (DOE) from pursuing cooperative
stockpile stewardship and management activities with certain nations.
The House bill contained no similar provision.
The House recedes.
The conferees remain concerned that initiation of an ongoing
international cooperative stockpile stewardship and management program
could have unintended detrimental effects on U.S. national security
interests. This provision would extend for one year the prohibition
established by section 3138 of the National Defense Authorization Act
for Fiscal Year 1997. The intent of this provision is to prohibit
establishment of a permanent program of international cooperative
stockpile stewardship, with an exception for activities that might be
undertaken with the United Kingdom and France. The provision would not
apply to activities carried out by DOE under cooperative threat
reduction programs with nations of the former Soviet Union, or to the
Department of Energy materials protection, control, and accounting or
the initiatives for proliferation prevention programs. The prohibition
would apply to all other DOE activities, including but not limited to
laboratory directed research and development funds.
The conferees do not intend this prohibition to prevent the
President's ability to respond to developments which might threaten the
national security of the United States. The conferees believe that the
President has sufficient flexibility to address such specific
incidents should they arise and the provision would not prohibit
such action.
Modernization of enduring nuclear weapons complex (sec. 3134)
The House bill contained a provision (sec. 3101) that would provide
an increase of $85.0 million for the Department of Energy's (DOE)
stockpile management program to be used for weapons production plants
infrastructure upgrades and the Stockpile Life Extension, Enhanced
Surveillance, and Advanced Development Programs carried out at DOE
production plants.
The Senate amendment contained a provision (sec. 3133) that would
provide an additional $15.0 million to support modernization efforts
being carried out at the Department of Energy's four nuclear weapons
production plants (Pantex, Kansas City, Y 12, and Savannah River). The
provision would require the Department to submit, not later than 30 days
after enactment of this provision, a report describing the Department's
plans to allocate the funds authorized by this section and the relevance
of each allocation to implementing the decisions in the Final
Programmatic Environmental Impact Statement for Stockpile Stewardship
and Management. The funds authorized for this activity could not be
obligated until 30 days after the congressional defense committees
receive the Department's proposed allocation report as required by this
provision.
The House recedes with an amendment that would increase funding for
the stockpile management account to provide an additional $85.0 million
for these activities.
The conferees direct that the funds be allocated as follows: $25.0
million for the Pantex Plant for basic infrastructure needs including
roof repair, electric power service upgrades, steam and condensate
piping upgrades, fire enunciation systems, and Enhanced Surveillance
Program activities; $25.0 million for the Kansas City Plant for basic
infrastructure needs including roof repair, installation of advanced
manufacturing equipment, and Advanced Manufacturing Program activities;
and $35.0 million for the Y 12 plant for basic infrastructure needs, W
87 work load requirements, Advanced Manufacturing Program activities,
and Stockpile Life Extension Program activities. Of the amounts made
available by this provision, not more than five percent shall be
allocated collectively to management overhead, program direction, and
technical budgetary, accounting, and other analytical support to the
DOE. The remainder shall be expended by the four production plants
exclusively for the programs described.
The conferees concur with the Department's goal to implement
advanced manufacturing technology at DOE plants and laboratories to
improve production efficiencies and maintain core competencies within
the DOE nuclear weapons production complex. The conferees understand
that such modernization upgrades will require coordination among the
four production plants and the three design laboratories.
The conferees remain concerned with the Department's plans to
maintain the capability and capacity to refurbish and, when necessary,
remanufacture nuclear weapons components in the Nation's nuclear weapons
stockpile. The committee is concerned that the Department may be overly
relying on new, ``science-based'' stockpile stewardship and management
approaches at the risk of losing manufacturing capabilities and
expertise.
The conferees are deeply troubled that the Department has failed to
meet fully the intent of section 3137 of the National Defense
Authorization Act for Fiscal Year 1996 and section 3132 of the National
Defense Authorization Act for Fiscal Year 1997 calling for modernization
of the four nuclear weapons production plants.
The conferees believe that the Department did not fully meet the
requirements or intent of these sections and related guidance provided
in conference reports accompanying these Acts and the 1996 and 1997
Energy and Water Development Appropriations Acts. The conferees note
that the General Accounting Office has identified certain Nuclear
Weapons Stockpile Memorandum requirements that may not be met by the
Department due to insufficient resources being allocated to the four
traditional production plants. The conferees believe that the
manufacturing facilities must be modernized as directed in the National
Defense Authorization Act for Fiscal Year 1996 and the National Defense
Authorization Act for Fiscal Year 1997, or these problems will continue.
Tritium production (sec. 3135)
The Senate amendment contained a provision (sec. 3134) that would
make available $262.0 million for the Department of Energy (DOE) tritium
production program. The provision would require DOE to select a tritium
production technology not later than June 30, 1998. The provision would
also prohibit the Department from obligating funds appropriated or
otherwise made available pursuant to this Act for exploration of any
tritium production technology option, other than those being examined
under the Department's ``dual track'' approach, until July 30, 1998, or
30 days after such time that the Department selects a preferred
technology option, whichever comes later. The provision would also
require the Secretary of Energy to submit a report describing for each
technology option any regulatory barriers, licensing difficulties,
potential for production rate variability, scientific benefits, revenue
generation and other ancillary benefits.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Department of Energy to select a tritium production technology not later
than December 31, 1998.
The conferees continue to believe that the Department can move
faster to select a preferred technology option and acquire a permanent
new tritium production source capable of meeting the requirements of the
Nuclear Weapons Stockpile Memorandum, which identifies a new tritium
production date in the year 2005 in the case a reactor option is
selected and 2007 if an accelerator option is selected. While the
conferees recognize that future tritium requirements could change if the
United States enters into treaties that reduce the numbers of strategic
and tactical nuclear weapons, the production capacity that the United
States will need to maintain at START I and START II levels will remain
essentially constant.
Processing, treatment, and disposition of spent nuclear fuel
rods and other legacy nuclear materials at the Savannah River Site (sec.
3136)
The Senate amendment contained a provision (sec. 3135) that would
make available an additional $47.0 million above the budget request for
the F-canyon and H-canyon facilities to accelerate the stabilization of
legacy materials at the Savannah River Site. The provision would further
require that the Secretary of Energy maintain a high state of readiness
of the F-canyon and H-canyon facilities.
The House bill contained no similar provision.
The House recedes.
The conferees note that the House bill recommended $41.0 million for
similar activities.
Limitations on use of funds for laboratory directed research
and development purposes (sec. 3137)
The Senate amendment contained a provision (sec. 3136) that would
modify section 3136 of the National Defense Authorization Act for Fiscal
Year 1997 by requiring the annual report on uses of Laboratory Directed
Research and Development (LDRD) funds be provided to the congressional
defense committees not later than February 1 of each year. The provision
would also prohibit the Department of Energy (DOE) from obligating more
than 30 percent of the funds appropriated or otherwise made available to
the DOE in fiscal year 1998 for LDRD programs until the Department
submits the annual report for fiscal year 1997.
The provision would limit the use of funds appropriated or otherwise
made available to the DOE under section 3101 of this Act to LDRD and
technology transfer activities that support the weapons activities of
the Department. The provision would similarly limit use of funds
appropriated or otherwise made available to the DOE under section 3102
of this Act to those activities that support the environmental
restoration, waste management, or materials stabilization activities of
the Department.
The provision would require the Department to include in the fiscal
year 1998 annual report an assessment of the funding required to carry
out an effective LDRD program, including any recommendations for the
percentage of funds that should be provided to the National Laboratories
for LDRD activities by the Federal Government.
The House bill contained no similar provision.
The House recedes.
The conferees recognize that programs such as LDRD are essential to
maintaining the core competencies of the National Laboratories. The
conferees will assess the Department's recommendations regarding the
appropriate percentage of funds to be provided to this program in
conjunction with any existing or future restrictions that might be
considered for this program.
...........
Limitation on use of funds for subcritical nuclear weapons
tests (sec. 3140)
The House bill contained a provision (sec. 3146) that would require
the submission of a detailed report on the manner in which funds
available to the Secretary of Energy for fiscal years 1996 and 1997 to
conduct subcritical experiments were used. The provision would prohibit
the Secretary from using any funds authorized in fiscal year 1998 to
conduct subcritical experiments until 30 days after receipt of such
report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow the Secretary
to conduct subcritical experiments prior to submittal of the report, if
the Secretary determines that it is in the national security interests
of the United States to do so. While the conferees strongly support
these tests, they are concerned that over $100.0 million has apparently
been spent with only two tests completed.
...........
SUBTITLE D--OTHER MATTERS
Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile (sec. 3151)
The House bill contained a provision (sec. 3141) that would require
the Secretary of Energy to report annually on the Department of Energy
(DOE) plan for the Stockpile Stewardship and Management Program. The
report would describe the status and condition of the U.S. nuclear
weapons stockpile, based on the requirements set forth in the Nuclear
Weapons Stockpile Memorandum. This report would be submitted in both a
classified and unclassified form and would be provided in lieu of a
number of other reporting requirements which have been superseded and
would be repealed by this section.
The Senate amendment contained a similar provision (sec. 3153).
The Senate recedes with an amendment that would consolidate the
repeal of obsolete reporting requirements in a separate section in Title
XXXI of this Act.
...........
Plan for external oversight of national laboratories (sec. 3154)
The House bill contained a provision (sec. 3148) that would require
the Secretary of Energy to develop a plan for the external oversight of
the national laboratories. The plan would provide for the establishment
of an external oversight committee comprised of representatives of
industry and academia for the purpose of making recommendations to the
Secretary of Energy and to the congressional defense committees on the
productivity of the laboratories and on the excellence, relevance, and
appropriateness of the research conducted at the laboratories. The plan
also would provide for the establishment of a competitive peer review
process for funding basic research at the laboratories.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to prepare a report on existing and potential new external
oversight practices at the national laboratories. The report would be
due not later than July 1, 1999, and would include any recommendations
from the Secretary and a plan to implement such recommendations.
University-based research collaboration program (sec. 3155)
The House bill contained a provision (sec. 3149) that would require
the Secretary of Energy to establish a university-based research center
to coordinate the collaboration among national laboratories,
universities and industry in support of scientific and engineering
advancement in key Department of Energy defense program areas.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to establish a university-based collaborative program to
coordinate national laboratory, university, and industry cooperation in
support of scientific and engineering advancement in key Department of
Energy defense program areas.
Stockpile stewardship program (sec. 3156)
The House bill contained a provision (sec. 3150) that would provide
that, as a matter of U.S. policy, the Department of Energy stockpile
stewardship program shall be conducted in conformity with the
Non-Proliferation Treaty and the Comprehensive Test Ban Treaty, if and
when that treaty enters into force. The provision would also state that
it is the policy of the United States to conduct a stockpile stewardship
and management program to ensure the safety, security, effectiveness,
and reliability of the U.S. nuclear weapons stockpile, consistent with
U.S. national security requirements.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Reports on advanced supercomputer sales to certain foreign
nations (sec. 3157)
The House bill contained a provision (sec. 3151) that would require
companies that participate in the Department of Energy Accelerated
Strategic Computing Initiative (ACSI) program to report to the Secretary
of Energy and the Secretary of Defense, on a quarterly basis, the sale
of each computer that exceeds an operating speed of 2,000 million
theoretical operations per seconds (MTOPs) in which a Tier III country
is the purchaser. The provision would require the Secretary of Energy to
provide an annual report to Congress on the sales of computers in excess
of 2,000 MTOPs by companies participating in the ACSI program the
preceding year.
The Senate amendment contained no similar provision.
The Senate recedes.
...........
Board on security functions of Department of Energy (sec. 3161)
The Senate amendment contained a provision (sec. 3156) that would
establish a commission to review the sufficiency of Department of Energy
(DOE) nuclear weapons and materials safeguards and security programs.
This commission would review threat determinations and assumptions,
relevant DOE orders, and other requirements governing safeguards and
security of nuclear weapons, weapons components, nuclear materials, and
sensitive nuclear weapons information at DOE facilities. The commission
would report its findings and any recommendations to the Secretary of
Energy and congressional defense committees not later than February 15,
1998.
The House bill contained no similar provision.
The House recedes with an amendment that would create a permanent
Department of Energy Safeguards and Security Oversight Board to review
and assess the DOE safeguards and security program. The Board would be
comprised of the DOE Secretary, Assistant Secretary for Defense
Programs, Assistant Secretary of Environment, Safety and Health,
Director of Non-proliferation and National Security, Director of Field
Management, and five additional members, who are not employees of the
Department of Energy or its contractors, to be appointed as follows:
three by the Secretary of Defense, one by the Director of Central
Intelligence, and one by the Director of the Federal Bureau of
Investigation.
Submittal of annual report on status of security functions at
nuclear weapons facilities (sec. 3162)
The Senate amendment contained a provision (sec. 3156) that would
establish a commission to review the sufficiency of Department of Energy
nuclear weapons and materials safeguards and security programs. The
provision would require the commission to report annually to the
Congress on its activities and findings.
The House bill contained no similar provision.
The conferees agree to include a new provision that would direct the
Secretary of Energy to submit to the congressional defense committees
the annual report to the President on the Status of Safeguards and
Security of Domestic Nuclear Weapons Facilities. For fiscal years 1998
through 2000, the Secretary would include with the annual report any
comments from individual members of the Department of Energy Safeguards
and Security Oversight Board.
Modification of authority on commission on maintaining United
States nuclear weapons expertise (sec. 3163)
The Senate amendment contained a provision (sec. 3157) that would
extend by one year the due date for the report to be prepared by the
Commission on Maintaining United States Nuclear Weapons Expertise. The
provision would amend section 3162 of the National Defense Authorization
Act for Fiscal Year 1997, which established the Commission. The
provision would permit the Senate Majority Leader to designate a
chairman of the Commission, after consultation with the Speaker of the
House of Representatives, upon appointment of the fifth member of the
Commission. The provision would allow the Commission to begin its work
when a chairman is appointed. The provision would also extend the due
date for the Commission's report from March 15, 1998 to March 15, 1999.
The House bill contained no similar provision.
The House recedes with an amendment that would permit the Majority
Leader of the Senate to appoint a chairman after January 1, 1998.
...........
Sense of Congress regarding the Y 12 Plant in Oak Ridge, Tennessee (sec. 3166)
The Senate amendment contained a provision (sec. 3161) that would
designate the Department of Energy Y 12 plant in Oak Ridge, Tennessee as
the National Prototype Center.
The House bill contained no similar provision.
The House recedes with an amendment that would express a sense of
Congress that the Y 12 plant should serve as a national prototype
center.
...........
LEGISLATIVE PROVISIONS NOT ADOPTED
Report on proposed contract for Hanford tank waste vitrification project
The House bill contained a provision (sec. 3145) that would require
prior notice to the congressional defense committees before entering
into a contract for the Hanford tank waste vitrification project. The
provision would also require the submission of a detailed report
describing the activities to be carried out under the contract, the
contractual and financial aspects of the contract, and an analysis of
the cost to the United States of the proposed contract over the life of
the project.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree to include the substance of this provision in
another section in Title XXXI of this Act dealing with defense
environmental management privatization projects.
Tritium production in commercial facilities
The Senate amendment contained a provision (sec. 3139) that would
amend section 91 of the Atomic Energy Act (AEA) to authorize the
Secretary of Energy to produce tritium for defense-related purposes in a
commercial nuclear power reactor.
The House bill contained no similar provision.
The Senate recedes.
Tritium gas, an isotope of hydrogen, is an essential ingredient in
all modern nuclear weapons. Tritium has a radioactive half life of 12.3
years, and decays at a rate of five percent per year. As a result, the
tritium in weapons in the U.S. nuclear weapons stockpile must be
replaced periodically. Based on current projections of the size of the
U.S. nuclear weapons stockpile, recycling tritium from weapons
eliminated from the stockpile cannot fulfill this requirement.
In December 1995, the Department of Energy announced its dual-track
strategy for new tritium production. Utilizing the dual-track strategy
since that time, the Department has been pursuing the two most promising
tritium production technologies: (1) the purchase of an operating or
partially complete commercial light-water reactor, or lease of a
completed reactor, or the purchase of irradiation services from the
owner or operator of such a reactor; and (2) the design, construction,
and testing of critical components of a proton accelerator system for
the production of tritium. The dual-track strategy will enable the
Department to select a primary option for tritium production by December
1998, consistent with current Department of Defense and nuclear weapons
stockpile requirements, policy, and life-cycle cost budgetary
considerations. The option not selected would serve as a backup
capability in the event of technical or other difficulties.
Over the last 19 months, DOE has gained increased confidence in the
abilities of both options to produce an assured supply of tritium.
The accelerator program has made significant advances through the
use of superconducting and other design concepts to reduce the cost and
technical risks that have been identified in conjunction with the
accelerator. The commercial light water reactor program has also made
significant progress in designing and producing tritium target rods. In
the fall of 1997, DOE will place these tritium target rods in a
commercial reactor in an effort to demonstrate the safety and
reliability of tritium production in a light water reactor.
Each track has additional uncertainties that must be addressed and
answered to enable the Department to make its primary tritium production
decision by December 1998.
The conferees agreed to withdraw the proposed amendment to the AEA
in order to allow a full and robust debate on the policy and legal
implications of producing tritium for nuclear weapons in a commercial
nuclear facility. While questions exist as to whether or not current law
prohibits production of tritium in a commercial facility, and because
concerns have been raised regarding the effect that a decision to
produce tritium in this manner would have on U.S. non-proliferation
strategy, the conferees believe the policy, legal, and regulatory issues
that have been raised must be addressed in a comprehensive manner prior
to passage of any amendments to facilitate such a choice.
The commercial reactor track contains many sub-options for tritium
production. As a practical matter, each of the different reactor
sub-options has different legal and policy issues associated with it.
The conferees believe that it would be helpful to the effort to secure
necessary legislative changes if DOE could identify the preferred
commercial reactor sub-option in advance of the final tritium production
technology decision, preferably by March 1, 1998.
The conferees believe that it is essential for DOE to identify and
assess any policy issues associated with the various reactor sub-options
in conjunction with other federal agencies including the Nuclear
Regulatory Commission, the Department of Defense, and the Department of
State arms control offices. The conferees direct the Secretary of Energy
to utilize a senior level, interagency process to review and assess the
issues associated with the commercial reactor option. This assessment
should be completed before DOE identifies a preferred reactor
sub-option.
The conferees request the DOE propose to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives, by March 15, 1998, any legislation necessary
to resolve the issues associated with either of the dual-track
production technologies. This would allow the legislation to be in
place in advance of the DOE's final decision in December 1998.
The conferees expect the Secretary of Energy to include full funding to
continue to evaluate each tritium production technology in the
dual-track strategy. The conferees will continue to work closely with
DOE to gain the knowledge necessary to address and resolve issues
associated with the dual-track tritium production technologies in order
to allow the Department to select the tritium production option that
best meets U.S. policy, national security and budgetary requirements.
.......
TTITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Overview
The budget request for fiscal year 1998 contained an authorization
of $17.5 million for the Defense Nuclear Facilities Safety Board. The
House bill would authorize $17.5 million. The Senate amendment would
authorize $17.5 million. The conferees recommended an authorization of
$17.5 million. Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
LEGISLATIVE PROVISIONS ADOPTED
Report on external regulation of defense nuclear facilities (sec. 3202)
The House bill contained a provision (sec. 3202) that would require
the Defense Nuclear Facilities Safety Board (DNFSB) to develop a plan,
in consultation with the Secretary of Energy and the Nuclear Regulatory
Commission (NRC), for the transfer of DNSFB's functions to the NRC.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the Board to
submit a report recommending which facilities should be retained under
the jurisdiction of the Board and which facilities should be transferred
to an external regulatory agency; require the Board to assess regulatory
requirements and jurisdictional issues surrounding the defense
environmental management privatization initiative and the proposed
commercial light water reactor option for tritium production; remove the
repeal of section 210 of the Department of Energy National Security and
Military Applications of Nuclear Energy Authorization Act of 1981 (42
U.S.C. 7272); and require the Board to submit an interim report within 6
months of the date of enactment of this section and a final report
within 12 months.
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