Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act, 1989

(Measure passed Senate, amended, (Inserted Titles XXXI and XXXII of S. 2355))

Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1989 - Title I: Department of Energy National Security Programs - Part A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1989 for operating expenses incurred and for plant and capital equipment necessary in carrying out national security programs involving: (1) weapons activities; (2) defense nuclear materials production; (3) environmental restoration and management of defense waste and transportation; (4) verification and control technology; (5) nuclear materials safeguards and security technology development program; (6) security investigations; and (7) naval reactors development.

Limits the amount of such DOE funds that may be obligated or expended for the following: (1) programs, projects, and activities of DOE relating to SDI; and (2) the inertial confinement fusion program. Restricts the obligation of funds for: (1) the short-range attack missile II; and (2) the construction of a cooling tower at the K reactor, Savannah River Plant, South Carolina.

Authorizes certain remaining unobligated balances to be transferred and made available, to the extent provided in an appropriation Act, for the Defense Waste and Environmental Restoration activities at Richland, Washington, to be used in specified amounts for operating expenses, construction, and capital equipment.

Provides that funds made available for DOE for the special isotope separation project in Idaho Falls, Idaho, may not be obligated or expended for site preparation for such project before March 1, 1989.

Part B: Recurring General Provisions - Prohibits the use of funds authorized under this title for any program where the costs of the program exceed by five percent or by more than $10,000,000, whichever is less, the amount authorized for that program under this title. Prohibits the use of funds authorized by this title for programs which have not been presented to, or requested of, the Congress unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have expired since such statement was submitted.

Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title.

Authorizes the Secretary of Energy to carry out any authorized general plant construction project only if the maximum estimated cost of the project does not exceed $1,200,000. Requires reports from the Secretary to specified committees when revised costs of a project exceed such amount.

Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost, and exempts from such procedures any projects which have an estimated cost of less than $5,000,000.

Allows for the transfer of funds from specified projects to other Government agencies for the performance of work for which the appropriation is made.

Authorizes the Secretary to perform advance planning and construction design services in connection with any proposed construction project if the total cost does not exceed $2,000,000. Requires the Secretary to notify the appropriate committees whenever such planning and design exceeds $300,000, and requires specific legislative authorization whenever such services exceed $2,000,000.

Authorizes the Secretary to perform emergency construction planning and design to meet the needs of national defense or to protect property or human life.

Makes funds authorized for operating expenses and plant and capital equipment under this title available for all national security programs of DOE.

Authorizes increases in amounts authorized under this title in order to account for increases in salary, pay, retirement, and other benefits as authorized by law.

Part C: Miscellaneous Provisions - Directs the Secretary of Energy to request the National Academy of Sciences (NAS) to conduct a review of the inertial confinement fusion program of DOE and to submit to the defense committees, no later than January 15, 1990, and September 15, 1990, reports on the results of such review. Directs the Secretary to review such reports and, no later than 30 days after receipt of each, to submit to the same committees comments and recommendations concerning such reports.

Directs the Secretary, no later than July 31, 1988, to submit to the defense committees a report containing the Secretary's recommendations for the site for construction of a new production reactor and the Secretary's recommendation for the preferred technology for a new production reactor. Requires the Secretary to report to the defense committees, at the same time that the budget FY 1990 is submitted to the Congress, with information pertaining to a new production reactor.

Directs the Secretary to enter into negotiations with the New Mexico Institute of Mining and Technology for the purpose of entering into an agreement with the Institute to provide funds for the work of the Environmental Evaluation Group for a term of five years. States the purpose of the Group to be to conduct a thorough review of the Waste Isolation Pilot Plant project in New Mexico. Sets forth administrative provisions concerning staffing, functions, and funding for the Group.

Authorizes the Secretary to pay to Los Alamos County in New Mexico an agreed-upon amount to provide for the final settlement of all obligations of the United States to make community assistance payments to the County as required under the Atomic Energy Community Act of 1955. Limits the total amount authorized to be paid to such County as such final payment. Outlines terms and conditions of such settlement. Authorizes appropriations.

Authorizes the Secretary of Defense to make grants, conclude cooperative agreements, and supplement funds in order to assist State and local governments and regional organizations in planning and supporting community adjustments required by the closure of the N Reactor in Hanford, Washington.

Amends the Nuclear Waste Policy Act of 1982 to require a report by the Secretary of Defense to the President as to whether and how the construction and operation of a nuclear waste repository site at Yucca Mountain, Nevada, would jeopardize the national security by reason of interference with national defense activities, if any, occurring nearby.

Part D: Independent Nuclear Safety Board Oversight Over Department of Energy Nuclear Facilities - Expresses certain congressional findings relating to the need for independent oversight of safety operations at DOE nuclear facilities. States the purpose of this part to be to establish a Defense Nuclear Safety Board to ensure the protection of public health and safety in activities at DOE nuclear facilities. Establishes such Board, outlining administrative provisions relating to Board composition, functions, powers, and responsibilities. Requires the Board to review and evaluate the implementation of the health and safety standards of DOE at each DOE nuclear facility and to recommend to the Secretary specific measures that should be adopted to reduce substantially the likelihood that actual or potential nuclear incidents will occur.

Provides that if the Secretary of Energy determines that any action recommended by the Board or any action proposed by the Secretary in response to the Board's recommendation might affect DOE's ability to meet the annual nuclear weapons stockpile requirements, the Secretary shall inform the President, the Secretary of Defense, and the appropriations and defense committees of the Congress of such recommendation and shall consult with the Secretary of Defense on such action. Outlines further administrative action authorized to be taken by the Board or the Secretary in specified circumstances. Requires all recommendations made by the Board to the Secretary of Energy to be made available to the public. Directs the Secretary to transmit to the Board a statement as to whether he accepts or rejects the recommendations submitted, a description of the actions to be taken in response to the recommendations, and his views on such recommendations. Outlines further administrative provisions relating to the Secretary's response to the Board's recommendations, the preparation of a plan by the Secretary implementing any accepted Board recommendations, and the implementation of such plan in a timely manner. Requires additional notice to the President, the Secretary of Defense, and the appropriations and defense committees when a Board recommendation relates to an imminent or severe threat to public health and safety. Outlines action to be taken by the Secretary of Energy if he determines that the implementation of a Board recommendation is impractical because of budgetary considerations, or that implementation would affect the Secretary's ability to meet the annual nuclear weapons stockpile requirements.

Requires the Board to submit annually, at the same time that the President submits the budget to the Congress, a report concerning the activities and recommendations made by the Board during the preceding year. Directs the reports to be submitted to the appropriations and defense committees. Directs the Secretary of Energy to submit, to the same committees at the same time, a written report concerning the activities of DOE during the preceding year. Authorizes assistance to the Board on all matters under its consideration from specified Federal agencies, advisory bodies, and organizations outside the Federal Government. Terminates the Board upon the expiration of the six-year period beginning on the date of enactment of this part. Requires the fifth annual report submitted by the Defense Nuclear Safety Board to the defense committees (as required under the Atomic Energy Act of 1954) to include an assessment of the Board's actions and recommendations.

Includes members of the Defense Nuclear Safety Board in the Executive Schedule Level III pay scale within the Federal Government.

Directs the Secretary of Energy to transfer to the Defense Nuclear Safety Board a specified amount to carry out its responsibilities.

Title II: National Defense Stockpile - Directs the President to obligate a specified sum during FY 1989, out of the National Defense Stockpile Transaction Fund, for: (1) the acquisition of strategic and critical materials as required under the Strategic and Critical Materials Stock Piling Act; (2) transportation, storage, and other expenses related to such acquisition; and (3) the upgrading of stockpile materials and expenses related to such upgrades. Authorizes the President to dispose of specified amounts of materials currently determined to be excess to the needs of the National Defense Stockpile.

Amends the Strategic and Critical Materials Stock Piling Act to require that any proposed expenditure or disposal relating to materials in the stockpile that is not obligated or executed in the appropriate fiscal year may not be obligated or executed until the expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate congressional committees.