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WASHINGTON, DC 20510

August 29, 2018

The Honorable Lamar Alexander The Honorable Dianne Feinstein

Chairman, Energy and Water Subcommittee Ranking Member, Energy and Water Subcommittee
Senate Appropriations Committee Senate Appropriations Committee

United States Senate United States Senate

Washington, DC 20510 Washington, DC 20510

Dear Chairman Alexander and Ranking Member Feinstein:

It has come to our attention that the Acting Chairman of the Defense Nuclear Facilities Safety
Board Bruce Hamilton, has announced a reform and reorganization plan for the that will
be effective October 1, 2018. The is an extremely important independent oversight organization
for the safety and wellbeing of workers and communities at defense nuclear facility sites. We rely on
the for steadfast and unbiased investigative power to ensure that the Department of Energy
(DOE) facilities in our state are meeting the highest safety standards.

We are not aware of any formal proposal to the Appropriations Committees or Congress from
the DN FSB to reorganize or eliminate staff. Therefore, we request that as you finish up negotiation on
the Fiscal Year 2019 budget for Energy and Water Development, that you prohibit any funds from being
used to support this reorganization, especially a reduction in staff. While some aspects of the Board?s
plan may have merit, we are not in a position to support the reorganization until it is fully vetted by
Congress and the public for potential impacts to the health and safety of the public and workers who
live and work in communities around these DOE sites.

We would also like to request that you include language in the ?nal bill that suspends DOE
Order 140.1, which on its face appears to restrict the amount of information the Board can access for its
safety oversight work at DOE sites. The DOE issued the order on May 14, 2018 with no public notice or
announcement in the Federal Register. On August 28, the held a public hearing on the Order and
the Board was unanimous in its opposition to the new directive, citing fears that it could curtail the
ability to get access to important DOE facilities, documents, and staff, in addition to diminishing
its ability to offer formal safety recommendations to the Secretary of Energy.

[continued]

Congress established the as an independent safety organization in 1988 to address
mounting health and safety concerns at DOE nuclear facilities across the country, which are largely
unregulated by any other state or federal agency. The has played an important independent
oversight role and we feel strongly that these two matters facing the and its future must be
suspended while Congress and the public have time to review and offer constructive feedback on how
to maintain and enhance the role.

Sincerely,

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Tom Udall Martin Heinrich
United States Senator United State Senator