Page:United States Statutes at Large Volume 114 Part 3.djvu/502

 114 STAT. 1654A-460 PUBLIC LAW 106-398—APPENDIX (A) separate from service any employee at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n) who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and (B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force. (2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force. (3) An employee with critical knowledge and skills (as defined by the Secretary) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary determines that such participation would impair the performance of the mission of the Department of Energy. (j) TERMINATION.—The authority to provide incentives under this section terminates on March 31, 2007. SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT, AND DIS- POSITION OF LEGACY NUCLEAR MATERIALS. (a) CONTINUATION.—The Secretary of Energy shall continue operations and maintain a high state of readiness at the F-canyon and H-canyon facilities at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facilities. (b) LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING OF F-CANYON FACILITY.—No amounts authorized to be appropriated or otherwise made available for the Department of Energy by this or any other Act may be obligated or expended for purposes of commencing the decommissioning of the F-canyon facility at the Savannah River Site until the Secretary and the Defense Nuclear Facilities Safety Board jointly submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the following: (1) A certification that all materials present in the F- canyon facility as of the date of the certification are safely stabilized. (2) A certification whether or not the requirements applicable to the F-canyon facility to meet the future needs of the United States for fissile materials disposition can be met through full use of the H-canyon facility at the Savannah River Site. (3) If the certification required by paragraph (2) is that such requirements cannot be met through such use of the H-canyon facility— (A) an identification by the Secretary of each such requirement that cannot be met through such use of the H-canyon facility; and (B) for each requirement identified in subparagraph (A), the reasons why that requirement cannot be met through such use of the H-canyon facility and a description of the alternative capability for fissile materials disposition that is needed to meet that requirement.

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