106 STAT. 2636 PUBLIC LAW 102-484—OCT. 23, 1992 ant to the National Environmentcd Policy Act of 1969 (42 U.S.C. 4321); and (ii) that takes into account all relevant costs and benefits and includes a discounted cash flow analysis of eadi alternative; (B) the Secretary certifies to the congressional defense committees that the dLscounted cash flow anidysis demonstrates that the closure of each Department of Energy nonnuclear defense facility or activity identified for closure and each transfer of a nonnuclear activity pursuant to the proposed nonnuclear reconfiguration is cost effCive; (C) in the case of components for which the production is proposed to be moved to a government-owned, contractoroperated 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 afl^er 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 costeffectiveness, 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 amounte: (1) For close-out of the new production reactors program (including completion of documentetion and test programs underway as of October 1, 1992), $136,028,000. (2) For evaluation of an advanced light water reactor and a modular hi^ 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. Subtitle B—Recurring General Provisions SEC. aiSl. KEPROGRAMHING. (a) NOTICE TO CONGRESS.— (1) Except as otherwise provided in this title— (A) no amount appropriated pursuant to this title may be used for any program in excess of the lesser of— (i) 105 percent of the amount authorized for that program by this title; or /
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