Pub. L. 102-484, div. C, tit. XXXI, subtit. A, sec. 3105
FUNDING USES AND LIMITATIONS.
SEC. 3105. FUNDING USES AND LIMITATIONS. (a) Inertial Confinement Fusion.— Of the funds authorized to be appropriated to the Department of Energy for fiscal year 1993 for operating expenses and capital equipment, $212,300,000 shall be available for the defense inertial confinement fusion program. (b) Fire Protection and Cooling or Refrigeration Systems.— None of the funds appropriated or otherwise made available to the Department of Energy for fiscal year 1993 may be obligated for the design, purchase, or installation of any fire protection system or cooling or refrigeration system that utilizes class I chlorofluorocarbons (as listed under section 602(a) of the Clean Air Act (42 U.S.C. 7671a(a))) unless the Secretary of Energy determines that an alternative system meeting the operational requirements of the Department of Energy is not commercially available or is not cost-effective when analyzed under a life-cycle cost analysis. (c) Reconfiguration of Nonnuclear Activities.— (1) None of the funds appropriated or otherwise made available to the Department of Energy may be obligated for the implementation or the reconfiguration of any nonnuclear activities of the Department of Energy until— (A) the Secretary of Energy submits a report to the congressional defense committees that contains an analysis of the projected life-cycle costs and benefits of the proposed nonnuclear reconfiguration and an analysis— (i) of the alternatives to the current configuration of nonnuclear activities of the Department of Energy identified in any environmental documentation prepared pursu-106 STAT. 2636ant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321); and (ii) that takes into account all relevant coats and benefits and includes a discounted cash flow analysis of each alternative; (B) the Secretary certifies to the congressional defense committees that the discounted cash flow analysis demonstrates that the closure of each Department of Energy nonnuclear defense facility or activity identified for closure and each trans-fer of a nonnuclear activity pursuant to the proposed nonnuclear reconfiguration is cost effective; (C) in the case of components for which the production is proposed to be moved to a government-owned, contractor-operated facility from a contractor-owned, contractor-operated facility because of nonnuclear reconfiguration and that have been produced in a contractor-owned, contractor-operated facility after January 1, 1989, the Secretary certifies to the congressional defense committees that such production is cost-effective on a component-by-component basis; (D) the Secretary certifies to the congressional defense committees that the reconfiguration of nonnuclear activities of the Department of Energy will not increase technological, environmental, safety, or health risks relating to the operation of the facilities of the Department; and (E) 90 days have elapsed after the later of— (i) the date of the submittal of the report under subparagraph (A); and (ii) the date of the certification under subparagraph (B). (2) This subsection may not be construed to prohibit the obligation of funds for the purpose of conducting any study or analysis that the Secretary determines necessary for assessing the cost-effectiveness, practicability, or feasibility of reconfiguring the activities of the Department of Energy to nonnuclear purposes. (d) Nuclear Production Reactors.— Funds authorized to be appropriated under section 3102 for fiscal year 1993 and otherwise made available to the Secretary of Energy for such fiscal year for the new production reactors program shall be available only for the following purposes and in the following amounts: (1) For close-out of the new production reactors program (including completion of documentation and test programs underway as of October 1, 1992), $136,028,000. (2) For evaluation of an advanced light water reactor and a modular high temperature gas reactor to determine the feasibility and effectiveness of disposing of plutonium, production of tritium (if needed), and production of electricity, $30,000,000. (3) For research on accelerator production of tritium, $18,000,000.