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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1763 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1763

_______________________________________________________________________

                                 AN ACT

 
To authorize appropriations for fiscal year 1997 for defense activities 
          of the Department of Energy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 1997''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
                            activities.
Sec. 3127. Funds available for all national security programs of the 
                            Department of Energy.
Sec. 3128. Availability of funds.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Tritium production.
Sec. 3132. Modernization and consolidation of tritium recycling 
                            facilities.
Sec. 3133. Modification of requirements for manufacturing 
                            infrastructure for refabrication and 
                            certification of nuclear weapons stockpile.
Sec. 3134. Limitation on use of funds for certain research and 
                            development purposes.
Sec. 3135. Accelerated schedule for isolating high-level nuclear waste 
                            at the Defense Waste Processing Facility, 
                            Savannah River Site.
Sec. 3136. Processing of high-level nuclear waste and spent nuclear 
                            fuel rods.
Sec. 3137. Fellowship program for development of skills critical to 
                            Department of Energy nuclear weapons 
                            complex.
Sec. 3138. Payment of costs of operation and maintenance of 
                            infrastructure at Nevada Test Site.
                       Subtitle D--Other Matters

Sec. 3151. Requirement for annual five-year budget for the national 
                            security programs of the Department of 
                            Energy.
Sec. 3152. Requirements for Department of Energy weapons activities 
                            budgets for fiscal years after fiscal year 
                            1997.
Sec. 3153. Repeal of requirement relating to accounting procedures for 
                            Department of Energy funds.
Sec. 3154. Plans for activities to process nuclear materials and clean 
                            up nuclear waste at the Savannah River 
                            Site.
Sec. 3155. Update of report on nuclear test readiness postures.
Sec. 3156. Reports on critical difficulties at nuclear weapons 
                            laboratories and nuclear weapons production 
                            plants.
Sec. 3157. Extension of applicability of notice-and-wait requirement 
                            regarding proposed cooperation agreements.
Sec. 3158. Sense of Congress relating to redesignation of Defense 
                            Environmental Restoration and Waste 
                            Management Program.
Sec. 3159. Commission on Maintaining United States Nuclear Weapons 
                            Expertise.
Sec. 3160. Sense of Senate regarding reliability and safety of 
                            remaining nuclear forces.
Sec. 3161. Report on Department of Energy liability at Department 
                            superfund sites.
Sec. 3162. Fiscal year 1998 funding for Greenville Road Improvement 
                            Project, Livermore, California.
Sec. 3163. Opportunity for review and comment by State of Oregon 
                            regarding certain remedial actions at 
                            Hanford Reservation, Washington.
Sec. 3164. Sense of Senate on Hanford memorandum of understanding.
Sec. 3165. Foreign environmental technology.
Sec. 3166. Study on worker protection at the Mound Facility.
  Subtitle E--Environmental Restoration at Defense Nuclear Facilities

Sec. 3171. Short title.
Sec. 3172. Applicability.
Sec. 3173. Designation of covered facilities as environmental cleanup 
                            demonstration areas.
Sec. 3174. Site managers.
Sec. 3175. Department of Energy orders.
Sec. 3176. Demonstrations of technology for remediation of defense 
                            nuclear waste.
Sec. 3177. Reports to Congress.
Sec. 3178. Termination.
Sec. 3179. Definitions.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments.

Sec. 3181. Short title and reference.
Sec. 3182. Definitions.
Sec. 3183. Test phase and retrieval plans.
Sec. 3184. Management plan.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Retrievability.
Sec. 3190. Decommissioning of WIPP
Sec. 3191. Economic assistance and miscellaneous payments.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Disposal of certain materials in National Defense Stockpile.
Sec. 3303. Additional authority to dispose of materials in National 
                            Defense Stockpile.
                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.
                  TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures in accordance with other laws.
                  TITLE XXXVI--MISCELLANEOUS PROVISION

Sec. 3601. Sense of the Senate regarding the reopening of Pennsylvania 
                            Avenue.

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

SEC. 3101. WEAPONS ACTIVITIES.

    (a) Stockpile Stewardship.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1997 for 
stockpile stewardship in carrying out weapons activities necessary for 
national security programs in the amount of $1,636,767,000, to be 
allocated as follows:
            (1) For core stockpile stewardship, $1,200,907,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $1,112,570,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $88,337,000, to be 
                allocated as follows:
                            Project 96-D-102, stockpile stewardship 
                        facilities revitalization, Phase VI, various 
                        locations, $19,250,000.
                            Project 96-D-103, ATLAS, Los Alamos 
                        National Laboratory, Los Alamos, New Mexico, 
                        $15,100,000.
                            Project 96-D-104, processing and 
                        environmental technology laboratory (PETL), 
                        Sandia National Laboratories, Albuquerque, New 
                        Mexico, $14,100,000.
                            Project 96-D-105, contained firing facility 
                        addition, Lawrence Livermore National 
                        Laboratory, Livermore, California, $17,100,000.
                            Project 95-D-102, Chemical and Metallurgy 
                        Research Building upgrades project, Los Alamos 
                        National Laboratory, Los Alamos, New Mexico, 
                        $15,000,000.
                            Project 94-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase V, various locations, 
                        $7,787,000.
            (2) For inertial fusion, $366,460,000, to be allocated as 
        follows:
                    (A) For operation and maintenance, $234,560,000.
                    (B) For the following plant project (including 
                maintenance, restoration, planning, construction, 
                acquisition, and modification of facilities, and land 
                acquisition related thereto):
                            Project 96-D-111, national ignition 
                        facility, location to be determined, 
                        $131,900,000.
            (3) For technology transfer and education, $69,400,000.
    (b) Stockpile Management.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1997 for 
stockpile management in carrying out weapons activities necessary for 
national security programs in the amount of $1,988,831,000, to be 
allocated as follows:
            (1) For operation and maintenance, $1,894,470,000.
            (2) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $94,361,000, to be allocated as follows:
                    Project 97-D-121, consolidated pit packaging 
                system, Pantex Plant, Amarillo, Texas, $870,000.
                    Project 97-D-122, nuclear materials storage 
                facility renovation, Los Alamos National Laboratory, 
                Los Alamos, New Mexico, $4,000,000.
                    Project 97-D-123, structural upgrades, Kansas City 
                Plant, Kansas City, Missouri, $1,400,000.
                    Project 97-D-124, steam plant waste water treatment 
                facility upgrade, Y-12 plant, Oak Ridge, Tennessee, 
                $600,000.
                    Project 96-D-122, sewage treatment quality upgrade 
                (STQU), Pantex Plant, Amarillo, Texas, $100,000.
                    Project 96-D-123, retrofit heating, ventilation, 
                and air conditioning and chillers for ozone protection, 
                Y-12 plant, Oak Ridge, Tennessee, $7,000,000.
                    Project 96-D-125, Washington measurements 
                operations facility, Andrews Air Force Base, Camp 
                Springs, Maryland, $3,825,000.
                    Project 95-D-122, sanitary sewer upgrade, Y-12 
                plant, Oak Ridge, Tennessee, $10,900,000.
                    Project 94-D-124, hydrogen fluoride supply system, 
                Y-12 plant, Oak Ridge, Tennessee, $4,900,000.
                    Project 94-D-125, upgrade life safety, Kansas City 
                Plant, Kansas City, Missouri, $5,200,000.
                    Project 94-D-127, emergency notification system, 
                Pantex Plant, Amarillo, Texas, $2,200,000.
                    Project 93-D-122, life safety upgrades, Y-12 plant, 
                Oak Ridge, Tennessee, $7,200,000.
                    Project 93-D-123, non-nuclear reconfiguration, 
                complex-21, various locations, $14,487,000.
                    Project 88-D-122, facilities capability assurance 
                program, various locations, $21,940,000.
                    Project 88-D-123, security enhancement, Pantex 
                Plant, Amarillo, Texas, $9,739,000.
    (c) Program Direction.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1997 for 
program direction in carrying out weapons activities necessary for 
national security programs in the amount of $323,404,000.

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) Environmental Restoration.--Subject to subsection (j), funds 
are hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1997 for environmental restoration in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $1,777,194,000.
    (b) Waste Management.--Subject to subsection (j), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1997 for waste management in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $1,601,653,000, to be allocated as 
follows:
            (1) For operation and maintenance, $1,513,326,000.
            (2) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $88,327,000, to be allocated as follows:
                    Project 97-D-402, tank restoration and safe 
                operations, Richland, Washington, $7,584,000.
                    Project 96-D-408, waste management upgrades, 
                various locations, $11,246,000.
                    Project 95-D-402, install permanent electrical 
                service, Waste Isolation Pilot Plant, Carlsbad, New 
                Mexico, $752,000.
                    Project 95-D-405, industrial landfill V and 
                construction/demolition landfill VII, Phase III, Y-12 
                Plant, Oak Ridge, Tennessee, $200,000.
                    Project 94-D-404, Melton Valley storage tank 
                capacity increase, Oak Ridge National Laboratory, Oak 
                Ridge, Tennessee, $6,345,000.
                    Project 94-D-407, initial tank retrieval systems, 
                Richland, Washington, $12,600,000.
                    Project 93-D-182, replacement of cross-site 
                transfer system, Richland, Washington, $8,100,000.
                    Project 93-D-187, high-level waste removal from 
                filled waste tanks, Savannah River Site, South 
                Carolina, $20,000,000.
                    Project 89-D-174, replacement high-level waste 
                evaporator, Savannah River Site, Aiken, South Carolina, 
                $11,500,000.
                    Project 86-D-103, decontamination and waste 
                treatment facility, Lawrence Livermore National 
                Laboratory, Livermore, California, $10,000,000.
    (c) Technology Development.--Subject to subsection (j), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1997 for technology development in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $328,771,000.
    (d) Nuclear Materials and Facilities Stabilization.--Subject to 
subsection (j), funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 1997 for nuclear materials and 
facilities stabilization in carrying out environmental restoration and 
waste management activities necessary for national security programs in 
the amount of $994,821,000, to be allocated as follows:
            (1) For operation and maintenance, $909,664,000.
            (2) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $85,157,000, to be allocated as follows:
                    Project 97-D-450, actinide packaging and storage 
                facility, Savannah River Site, Aiken, South Carolina, 
                $7,900,000.
                    Project 97-D-451, B-plant safety class ventilation 
                upgrades, Richland, Washington, $1,500,000.
                    Project 96-D-406, spent nuclear fuels canister 
                storage and stabilization facility, Richland, 
                Washington, $60,672,000.
                    Project 96-D-464, electrical and utility systems 
                upgrade, Idaho Chemical Processing Plant, Idaho 
                National Engineering Laboratory, Idaho, $10,440,000.
                    Project 95-D-456, security facilities upgrade, 
                Idaho Chemical Processing Plant, Idaho National 
                Engineering Laboratory, Idaho, $4,645,000.
    (e) Policy and Management.--Subject to subsection (j), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1997 policy and management activities (including 
development and direction of policy, training and education, and 
management) in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $26,155,000.
    (f) Site Operations.--Subject to subsection (j), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1997 for site operations in carrying out environmental restoration 
and waste management activities necessary for national security 
programs in the amount of $363,469,000, to be allocated as follows:
            (1) For operation and maintenance, $331,054,000.
            (2) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $32,415,000, to be allocated as follows:
                    Project 96-D-461, electrical distribution upgrade, 
                Idaho National Engineering Laboratory, Idaho, 
                $6,790,000.
                    Project 96-D-470, environmental monitoring 
                laboratory, Savannah River Site, Aiken, South Carolina, 
                $2,500,000.
                    Project 96-D-471, chlorofluorocarbon heating, 
                ventilation, and air conditioning and chiller retrofit, 
                Savannah River Site, Aiken, South Carolina, $8,541,000.
                    Project 96-D-473, health physics site support 
                facility, Savannah River Site, Aiken, South Carolina, 
                $2,000,000.
                    Project 95-E-600, hazardous materials management 
                and emergency response training center, Richland, 
                Washington, $7,900,000.
                    Project 95-D-155, upgrade site road infrastructure, 
                Savannah River, South Carolina, $4,137,000.
                    Project 94-D-401, emergency response facility, 
                Idaho National Engineering Laboratory, Idaho, $547,000.
    (g) Environmental Science and Risk Policy.--Subject to subsection 
(j), funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1997 for environmental science and risk 
policy activities in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $52,136,000.
    (h) Environmental Management Privatization.--Subject to subsection 
(j), funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1997 for environmental management 
privatization activities in carrying out environmental restoration and 
waste management necessary for national security programs in the amount 
of $185,000,000.
    (i) Program Direction.--Subject to subsection (j), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1997 for program direction in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $436,511,000.
    (j) Adjustments.--The total amount authorized to be appropriated 
pursuant to this section is the sum of the amounts authorized to be 
appropriated in subsections (a) through (i) reduced by the sum of--
            (1) $150,400,000, for use of prior year balances; and
            (2) $8,000,000, for Savannah River Pension Refund.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1997 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$1,560,700,000, to be allocated as follows:
            (1) For verification and control technology, $456,348,000, 
        to be allocated as follows:
                    (A) For nonproliferation and verification research 
                and development, $204,919,000.
                    (B) For arms control, $216,244,000.
                    (C) For intelligence, $35,185,000.
            (2) For nuclear safeguards and security, $47,208,000.
            (3) For security investigations, $22,000,000.
            (4) For environment, safety, and health, defense, 
        $53,094,000.
            (5) For program direction, environment, safety, and health, 
        defense, $10,706,000.
            (6) For worker and community transition assistance, 
        $62,659,000.
            (7) For program direction, worker and community transition 
        assistance, $4,341,000.
            (8) For fissile materials $93,796,000, to be allocated as 
        follows:
                    (A) For control and disposition, $73,163,000.
                    (B) For the following plant project (including 
                maintenance, restoration, planning, construction, 
                acquisition, and modification of facilities, and land 
                acquisition related thereto):
                             Project 97-D-140, consolidated special 
                        nuclear materials storage plant, location to be 
                        determined, $17,000,000.
                    (C) For program direction, $3,633,000.
            (9) For emergency management, $16,794,000.
            (10) For program direction, nonproliferation and national 
        security, $90,622,000.
            (11) For naval reactors development, $681,932,000, to be 
        allocated as follows:
                    (A) For operation and infrastructure, $649,330,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $13,700,000, to be 
                allocated as follows:
                            Project 97-D-201, advanced test reactor 
                        secondary coolant system upgrades Idaho 
                        National Engineering Laboratory, Idaho, 
                        $400,000.
                            Project 95-D-200, laboratory systems and 
                        hot cell upgrades, various locations, 
                        $4,800,000.
                            Project 95-D-201, advanced test reactor 
                        radioactive waste system upgrades, Idaho 
                        National Engineering Laboratory, Idaho, 
                        $500,000.
                            Project 90-N-102, expended core facility 
                        dry cell project, Naval Reactors Facility, 
                        Idaho, $8,000,000.
                    (C) For program direction, $18,902,000.
            (12) For international nuclear safety, $15,200,000.
            (13) For nuclear security, $6,000,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1996 for payment to the Nuclear Waste Fund 
established in section 302(c) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(c)) in the amount of $200,000,000.

                Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

    (a) In General.--Until the Secretary of Energy submits to the 
congressional defense committees the report referred to in subsection 
(b) and a period of 30 days has elapsed after the date on which such 
committees receive the report, the Secretary may not use amounts 
appropriated pursuant to this title for any program--
            (1) in amounts that exceed, in a fiscal year--
                    (A) 110 percent of the amount authorized for that 
                program by this title; or
                    (B) $1,000,000 more than the amount authorized for 
                that program by this title; or
            (2) which has not been presented to, or requested of, 
        Congress.
    (b) Report.--(1) The report referred to in subsection (a) is a 
report containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in support of 
such proposed action.
    (2) In the computation of the 30-day period under subsection (a), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (c) Limitations.--(1) In no event may the total amount of funds 
obligated pursuant to this title exceed the total amount authorized to 
be appropriated by this title.
    (2) Funds appropriated pursuant to this title may not be used for 
an item for which Congress has specifically denied funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

    (a) In General.--The Secretary of Energy may carry out any 
construction project under the general plant projects authorized by 
this title if the total estimated cost of the construction project does 
not exceed $5,000,000.
    (b) Report to Congress.--If, at any time during the construction of 
any general plant project authorized by this title, the estimated cost 
of the project is revised because of unforeseen cost variations and the 
revised cost of the project exceeds $5,000,000, the Secretary shall 
immediately furnish a complete report to the congressional defense 
committees explaining the reasons for the cost variation.
    (c) Study on Permanent Authorization for General Plant Projects.--
Not later than February 1, 1997, the Secretary of Energy shall report 
to the appropriate congressional committees on the need for, and 
desirability of, a permanent authorization formula for defense and 
civilian general plant projects in the Department of Energy that 
includes periodic adjustments for inflation, including any legislative 
recommendations to enact such formula into permanent law. The report of 
the Secretary shall describe actions that would be taken by the 
Department to provide for cost control of general plant projects, 
taking into account the size and nature of such projects.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

    (a) In General.--(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or additional 
obligations incurred in connection with the project above the total 
estimated cost, whenever the current estimated cost of the construction 
project, which is authorized by section 3101, 3102, or 3103, or which 
is in support of national security programs of the Department of Energy 
and was authorized by any previous Act, exceeds by more than 25 percent 
the higher of--
            (A) the amount authorized for the project; or
            (B) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to Congress.
    (2) An action described in paragraph (1) may be taken if--
            (A) the Secretary of Energy has submitted to the 
        congressional defense committees a report on the actions and 
        the circumstances making such action necessary; and
            (B) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (3) In the computation of the 30-day period under paragraph (2), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (b) Exception.--Subsection (a) shall not apply to any construction 
project which has a current estimated cost of less than $5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

    (a) Transfer to Other Federal Agencies.--The Secretary of Energy 
may transfer funds authorized to be appropriated to the Department of 
Energy pursuant to this title to other Federal agencies for the 
performance of work for which the funds were authorized. Funds so 
transferred may be merged with and be available for the same purposes 
and for the same period as the authorizations of the Federal agency to 
which the amounts are transferred.
    (b) Transfer Within Department of Energy; Limitations.--(1) Subject 
to paragraph (2), the Secretary of Energy may transfer funds authorized 
to be appropriated to the Department of Energy pursuant to this title 
between any such authorizations. Amounts of authorizations so 
transferred may be merged with and be available for the same purposes 
and for the same period as the authorization to which the amounts are 
transferred.
    (2) Not more than five percent of any such authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than five percent 
by a transfer under such paragraph.
    (3) The authority provided by this section to transfer 
authorizations--
            (A) may only be used to provide funds for items relating to 
        weapons activities necessary for national security programs 
        that have a higher priority than the items from which the funds 
        are transferred; and
            (B) may not be used to provide authority for an item that 
        has been denied funds by Congress.
    (c) Notice to Congress.--The Secretary of Energy shall promptly 
notify the Committee on Armed Services of the Senate and the Committee 
on National Security of the House of Representatives of any transfer of 
funds to or from authorizations under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement for Conceptual Design.--(1) Subject to paragraph 
(2) and except as provided in paragraph (3), before submitting to 
Congress a request for funds for a construction project that is in 
support of a national security program of the Department of Energy, the 
Secretary of Energy shall complete a conceptual design for that 
project. The Secretary shall submit to Congress a report on each 
conceptual design completed under this paragraph.
    (2) If the estimated cost of completing a conceptual design for a 
construction project exceeds $3,000,000, the Secretary shall submit to 
Congress a request for funds for the conceptual design before 
submitting a request for funds for the construction project.
    (3) The requirement in paragraph (1) does not apply to a request 
for funds--
            (A) for a construction project the total estimated cost of 
        which is less than $5,000,000; or
            (B) for emergency planning, design, and construction 
        activities under section 3126.
    (b) Authority for Construction Design.--(1) Within the amounts 
authorized by this title, the Secretary of Energy may carry out 
construction design (including architectural and engineering services) 
in connection with any proposed construction project if the total 
estimated cost for such design does not exceed $600,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project exceeds $600,000, funds for 
such design must be specifically authorized by law.

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION 
              ACTIVITIES.

    (a) Authority.--The Secretary of Energy may use any funds available 
to the Department of Energy pursuant to an authorization in this title, 
including those funds authorized to be appropriated for advance 
planning and construction design under sections 3101, 3102, and 3103, 
to perform planning, design, and construction activities for any 
Department of Energy national security program construction project 
that, as determined by the Secretary, must proceed expeditiously in 
order to protect public health and safety, to meet the needs of 
national defense, or to protect property.
    (b) Limitation.--The Secretary may not exercise the authority under 
subsection (a) in the case of any construction project until the 
Secretary has submitted to the congressional defense committees a 
report on the activities that the Secretary intends to carry out under 
this section and the circumstances making such activities necessary.
    (c) Specific Authority.--The requirement of section 3125(b)(2) does 
not apply to emergency planning, design, and construction activities 
conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE 
              DEPARTMENT OF ENERGY.

    Subject to the provisions of appropriations Acts and section 3121, 
amounts appropriated pursuant to this title for management and support 
activities and for general plant projects are available for use, when 
necessary, in connection with all national security programs of the 
Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

    When so specified in an appropriations Act, amounts appropriated 
for operation and maintenance or for plant projects may remain 
available until expended.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. TRITIUM PRODUCTION.

    (a) Acceleration of Tritium Production.--(1) The Secretary of 
Energy shall, during fiscal year 1997, make a final decision on the 
technologies to be utilized, and the accelerated schedule to be 
adopted, for tritium production in order to meet the requirements of 
the Nuclear Weapons Stockpile Memorandum relating to tritium 
production, including the new tritium production date of 2005 specified 
in the Nuclear Weapons Stockpile Memorandum.
    (2) In making the final decision, the Secretary shall take into 
account the following:
            (A) The requirements for tritium production specified in 
        the Nuclear Weapons Stockpile Memorandum, including, in 
        particular, the requirements for the ``upload hedge'' component 
        of the nuclear weapons stockpile.
            (B) The ongoing activities of the Department relating to 
        the evaluation and demonstration of technologies under the 
        accelerator reactor program and the commercial light water 
        reactor program.
    (b) Report.--(1) Not later than April 15, 1997, the Secretary shall 
submit to the Congress a report that sets forth the final decision of 
the Secretary under subsection (a)(1). The report shall set forth in 
detail--
            (A) the technologies decided on under that subsection; and
            (B) the accelerated schedule for the production of tritium 
        decided on under that subsection.
    (2) If the Secretary determines that it is not possible to make the 
final decision by the date specified in paragraph (1), the Secretary 
shall submit to Congress on that date a report that explains in detail 
why the final decision cannot be made by that date.
    (c) New Tritium Production Facility.--The Secretary shall commence 
planning and design activities and infrastructure development for a new 
tritium production facility.
    (d) In-Reactor Tests.--The Secretary may perform in-reactor tests 
of tritium target rods as part of the activities carried out under the 
commercial light water reactor program.
    (e) Funding.--Of the funds authorized to be appropriated to the 
Department of Energy pursuant to section 3101(b)(1)--
            (1) not more than $45,000,000 shall be available for 
        research, development, and technology demonstration activities 
        and other activities relating to the production of tritium in 
        accelerators;
            (2) not more than $15,000,000 shall be available for the 
        commercial light water reactor project, including activities 
        relating to target development, extraction capability, and 
        reactor acquisition or initial tritium operations; and
            (3) not more than $100,000,000 shall be available for other 
        tritium production research activities.

SEC. 3132. MODERNIZATION AND CONSOLIDATION OF TRITIUM RECYCLING 
              FACILITIES.

    (a) In General.--The Secretary of Energy shall carry out activities 
to modernize and consolidate the facilities for recycling tritium for 
weapons at the Savannah River Site, South Carolina, so as to ensure 
that such facilities have a capacity to recycle tritium from weapons 
that is adequate to meet the tritium requirements for weapons specified 
in the Nuclear Weapons Stockpile Memorandum.
    (b) Funding.--Of the funds authorized to be appropriated to the 
Department of Energy pursuant to section 3101, not more than $6,000,000 
shall be available for activities under subsection (a).

SEC. 3133. MODIFICATION OF REQUIREMENTS FOR MANUFACTURING 
              INFRASTRUCTURE FOR REFABRICATION AND CERTIFICATION OF 
              NUCLEAR WEAPONS STOCKPILE.

    (a) General Program Requirements.--Subsection (a) of section 3137 
of the National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106; 110 Stat. 620; 42 U.S.C. 2121 note) is amended--
            (1) by inserting ``(1)'' before ``The Secretary of 
        Energy'';
            (2) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively; and
            (3) by adding at the end the following:
    ``(2) The purpose of the program carried out under paragraph (1) 
shall also be to develop manufacturing capabilities and capacities 
necessary to meet the requirements specified in the annual Nuclear 
Weapons Stockpile Review.''.
    (b) Required Capabilities.--Subsection (b)(3) of such section is 
amended to read as follows:
            ``(3) The capabilities of the Savannah River Site relating 
        to tritium recycling and fissile materials components 
        processing and fabrication.''.
    (c) Plan and Report.--Not later than March 1, 1997, the Secretary 
of Energy shall submit to Congress a report containing a plan for 
carrying out the program established under section 3137(a) of the 
National Defense Authorization Act for Fiscal Year 1996, as amended by 
this section. The report shall set forth the obligations that the 
Secretary has incurred, and proposes to incur, during fiscal year 1997 
in carrying out the program.
    (d) Funding.--Of the funds authorized to be appropriated pursuant 
to section 3101(b), $5,000,000 shall be available for carrying out the 
program established under section 3137(a) of the National Defense 
Authorization Act for Fiscal Year 1996, as so amended.

SEC. 3134. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH AND 
              DEVELOPMENT PURPOSES.

    (a) Limitation.--No funds appropriated or otherwise made available 
to the Department of Energy for fiscal year 1997 under section 3101 may 
be obligated or expended for activities under the Department of Energy 
Laboratory Directed Research and Development Program, or under any 
Department of Energy technology transfer program or cooperative 
research and development agreement, unless such activities support the 
national security mission of the Department of Energy.
    (b) Annual Report.--(1) The Secretary of Energy shall annually 
submit to the congressional defense committees a report on the funds 
expended during the preceding fiscal year on activities under the 
Department of Energy Laboratory Directed Research and Development 
Program. The purpose of the report is to permit an assessment of the 
extent to which such activities support the national security mission 
of the Department of Energy.
    (2) Each report shall be prepared by the officials responsible for 
Federal oversight of the funds expended on activities under the 
program.
    (3) Each report shall set forth the criteria utilized by the 
officials preparing the report in determining whether or not the 
activities reviewed by such officials support the national security 
mission of the Department.

SEC. 3135. ACCELERATED SCHEDULE FOR ISOLATING HIGH-LEVEL NUCLEAR WASTE 
              AT THE DEFENSE WASTE PROCESSING FACILITY, SAVANNAH RIVER 
              SITE.

    The Secretary of Energy shall accelerate the schedule for the 
isolation of high-level nuclear waste in glass canisters at the Defense 
Waste Processing Facility at the Savannah River Site if the Secretary 
determines that the acceleration of such schedule--
            (1) will achieve long-term cost savings to the Federal 
        Government; and
            (2) could accelerate the removal and isolation of high-
        level nuclear waste from long-term storage tanks at the site.

SEC. 3136. PROCESSING OF HIGH-LEVEL NUCLEAR WASTE AND SPENT NUCLEAR 
              FUEL RODS.

    (a) In General.--In order to provide for an effective response to 
requirements for managing spent nuclear fuel that is sent to Department 
of Energy consolidation sites pursuant to the Department of Energy 
Programmatic Spent Nuclear Fuel Management and Idaho National 
Engineering Laboratory Environmental Restoration and Waste Management 
Programs Final Environmental Impact Statement, dated April 1995, there 
shall be available to the Secretary of Energy, from amounts authorized 
to be appropriated pursuant to section 3102(b), the following amounts 
for the purposes stated:
            (1) Not more than $65,700,000 for the development and 
        implementation of a program for the processing, reprocessing, 
        separation, reduction, isolation, and interim storage of high-
        level nuclear waste associated with Department of Energy 
        aluminum clad spent fuel rods and foreign spent fuel rods in 
        the H-canyon facility and F-canyon facility.
            (2) Not more than $80,000,000 for the development and 
        implementation of a program for the treatment, preparation, and 
        conditioning of high-level nuclear waste associated with 
        Department of Energy non-aluminum clad spent nuclear fuel rods 
        (including naval spent nuclear fuel) for interim storage and 
        final disposition.
    (b) Update of Implementation Plan.--Not later than April 30, 1997, 
the Secretary shall submit to Congress a plan which updates the five-
year plan required by section 3142(b) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
622). The updated plan shall include--
            (1) the matters required by paragraphs (1) through (4) of 
        such section, current as of the date of the updated plan; and
            (2) the assessment of the Secretary of the progress made in 
        implementing the program covered by the plans.

SEC. 3137. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO 
              DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.

    (a) Funding.--Subject to subsection (b), of the funds authorized to 
be appropriated pursuant to section 3101(b), $5,000,000 may be used for 
conducting the fellowship program for the development of skills 
critical to the ongoing mission of the Department of Energy nuclear 
weapons complex required by section 3140 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
621; 42 U.S.C. 2121 note).
    (b) Notice and Wait.--The Secretary of Energy may not obligate or 
expend funds under subsection (a) for the fellowship program referred 
to in that subsection until--
            (1) the Secretary submits to Congress a report setting 
        forth--
                    (A) the steps the Department has taken to implement 
                the fellowship program;
                    (B) the amount the Secretary proposes to obligate; 
                and
                    (C) the purposes for which such amount will be 
                obligated; and
            (2) a period of 21 days elapses from the date of the 
        receipt of the report by Congress.

SEC. 3138. PAYMENT OF COSTS OF OPERATION AND MAINTENANCE OF 
              INFRASTRUCTURE AT NEVADA TEST SITE.

    Notwithstanding any other provision of law and effective as of 
September 30, 1996, the costs associated with operating and maintaining 
the infrastructure at the Nevada Test Site, Nevada, with respect to any 
activities initiated at the site after that date by the Department of 
Defense pursuant to a work for others agreement may be paid for from 
funds authorized to be appropriated to the Department of Energy for 
activities at the Nevada Test Site.

                       Subtitle D--Other Matters

SEC. 3151. REQUIREMENT FOR ANNUAL FIVE-YEAR BUDGET FOR THE NATIONAL 
              SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY.

    (a) Requirement.--The Secretary of Energy shall prepare each year a 
budget for the national security programs of the Department of Energy 
for the five-year period beginning in the year the budget is prepared. 
Each budget shall contain the estimated expenditures and proposed 
appropriations necessary to support the programs, projects, and 
activities of the national security programs during the five-year 
period covered by the budget and shall be at a level of detail 
comparable to that contained in the budget submitted by the President 
to Congress under section 1105 of title 31, United States Code.
    (b) Submittal.--The Secretary shall submit each year to the 
congressional defense committees the budget required under subsection 
(a) in that year at the same time as the President submits to Congress 
the budget for the coming fiscal year pursuant to such section 1105.

SEC. 3152. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES 
              BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1997.

    (a) In General.--The weapons activities budget of the Department of 
Energy for any fiscal year after fiscal year 1997 shall--
            (1) set forth with respect to each of the activities under 
        the budget (including stockpile stewardship, stockpile 
        management, and program direction) the funding requested to 
        carry out each project or activity that is necessary to meet 
        the requirements of the Nuclear Weapons Stockpile Memorandum; 
        and
            (2) identify specific infrastructure requirements arising 
        from the Nuclear Posture Review, the Nuclear Weapons Stockpile 
        Memorandum, and the programmatic and technical requirements 
        associated with the review and memorandum.
    (b) Required Detail.--The Secretary of Energy shall include in the 
materials that the Secretary submits to Congress in support of the 
budget for any fiscal year after fiscal year 1997 that is submitted by 
the President pursuant to section 1105 of title 31, United States Code, 
the following:
            (1) A long-term program plan, and a near-term program plan, 
        for the certification and stewardship of the nuclear weapons 
        stockpile.
            (2) An assessment of the effects of the plans referred to 
        in paragraph (1) on each nuclear weapons laboratory and each 
        nuclear weapons production plant.
    (c) Definitions.--In this section:
            (1) The term ``Nuclear Posture Review'' means the 
        Department of Defense Nuclear Posture Review as contained in 
        the report of the Secretary of Defense to the President and the 
        Congress dated February 19, 1995, or in subsequent such 
        reports.
            (2) The term ``nuclear weapons laboratory'' means the 
        following:
                    (A) Lawrence Livermore National Laboratory, 
                California.
                    (B) Los Alamos National Laboratory, New Mexico.
                    (C) Sandia National Laboratories.
            (3) The term ``nuclear weapons production plant'' means the 
        following:
                    (A) The Pantex Plant.
                    (B) The Savannah River Site.
                    (C) The Kansas City Plant, Missouri.
                    (D) The Y-12 Plant, Oak Ridge, Tennessee.

SEC. 3153. REPEAL OF REQUIREMENT RELATING TO ACCOUNTING PROCEDURES FOR 
              DEPARTMENT OF ENERGY FUNDS.

    Section 3151 of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 3089) is repealed.

SEC. 3154. PLANS FOR ACTIVITIES TO PROCESS NUCLEAR MATERIALS AND CLEAN 
              UP NUCLEAR WASTE AT THE SAVANNAH RIVER SITE.

    (a) Near-Term Plan for Processing Spent Fuel Rods.--(1) Not later 
than March 15, 1997, the Secretary of Energy shall submit to Congress a 
plan for a near-term program to process the spent nuclear fuel rods 
described in paragraph (2) in the H-canyon facility and the F-canyon 
facility at the Savannah River Site. The plan shall include cost 
projections and resource requirements for the program and identify 
program milestones for the program.
    (2) The spent nuclear fuel rods to be processed under the program 
referred to in paragraph (1) are the following:
            (A) Spent nuclear fuel rods produced at the Savannah River 
        Site.
            (B) Spent nuclear fuel rods being sent to the site from 
        other Department of Energy facilities for processing, interim 
        storage, and other treatment.
            (C) Foreign nuclear spent fuel rods being sent to the site 
        for processing, interim storage, and other treatment.
    (b) Multi-Year Plan for Clean-Up at Site.--The Secretary shall 
develop and implement a multi-year plan for the clean-up of nuclear 
waste at the Savannah River Site that results, or has resulted, from 
the following:
            (1) Nuclear weapons activities carried out at the site.
            (2) The processing of Department of Energy domestic and 
        foreign spent nuclear fuel rods at the site.
    (c) Requirement for Continuing Operations.--The Secretary shall 
continue operations and maintain a high state of readiness at the H-
canyon facility and the F-canyon facility at the Savannah River Site, 
and shall provide technical staff necessary to operate and so maintain 
such facilities, pending the development and implementation of the plan 
referred to in subsection (b).

SEC. 3155. UPDATE OF REPORT ON NUCLEAR TEST READINESS POSTURES.

    Not later than February 15, 1997, the Secretary of Energy shall 
submit to Congress a report which updates the report submitted by the 
Secretary under section 3152 of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623). The updated 
report shall include the matters specified under such section, current 
as of the date of the updated report.

SEC. 3156. REPORTS ON CRITICAL DIFFICULTIES AT NUCLEAR WEAPONS 
              LABORATORIES AND NUCLEAR WEAPONS PRODUCTION PLANTS.

    (a) Reports by Heads of Laboratories and Plants.--In the event of a 
difficulty at a nuclear weapons laboratory or a nuclear weapons 
production plant that has a significant bearing on confidence in the 
safety or reliability of a nuclear weapon or nuclear weapon type, the 
head of the laboratory or plant, as the case may be, shall submit to 
the Assistant Secretary of Energy for Defense Programs a report on the 
difficulty. The head of the laboratory or plant shall submit the report 
as soon as practicable after discovery of the difficulty.
    (b) Transmittal by Assistant Secretary.--As soon as practicable 
after receipt of a report under subsection (a), the Assistant Secretary 
shall transmit the report (together with the comments of the Assistant 
Secretary) to the congressional defense committees and to the Secretary 
of Energy and the Secretary of Defense.
    (c) Reports by Nuclear Weapons Council.--Section 179 of title 10, 
United States Code, is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) In addition to the responsibilities set forth in subsection 
(d), the Council shall also submit to Congress a report on any analysis 
conducted by the Council with respect to difficulties at nuclear 
weapons laboratories or nuclear weapons production plants that have 
significant bearing on confidence in the safety or reliability of 
nuclear weapons or nuclear weapon types.''.
    (d) Definitions.--In this section:
            (1) The term ``nuclear weapons laboratory'' means the 
        following:
                    (A) Lawrence Livermore National Laboratory, 
                California.
                    (B) Los Alamos National Laboratory, New Mexico.
                    (C) Sandia National Laboratories.
            (2) The term ``nuclear weapons production plant'' means the 
        following:
                    (A) The Pantex Plant.
                    (B) The Savannah River Site.
                    (C) The Kansas City Plant, Missouri.
                    (D) The Y-12 Plant, Oak Ridge, Tennessee.

SEC. 3157. EXTENSION OF APPLICABILITY OF NOTICE-AND-WAIT REQUIREMENT 
              REGARDING PROPOSED COOPERATION AGREEMENTS.

    Section 3155(b) of the National Defense Authorization Act for 
Fiscal Year 1995 (42 U.S.C. 2153 note) is amended by striking out 
``October 1, 1996'' and inserting in lieu thereof ``December 31, 
1997''.

SEC. 3158. SENSE OF CONGRESS RELATING TO REDESIGNATION OF DEFENSE 
              ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that the 
program of the Department of Energy known as the Defense Environmental 
Restoration and Waste Management Program, and also known as the 
Environmental Management Program, be redesignated as the Defense 
Nuclear Waste Management Program of the Department of Energy.
    (b) Report on Redesignation.--Not later than January 31, 1997, the 
Secretary of Energy shall submit to the congressional defense 
committees a report on the costs and other difficulties, if any, 
associated with the following:
            (1) The redesignation of the program of known as the 
        Defense Environmental Restoration and Waste Management Program, 
        and also known as the Environmental Management Program, as the 
        Defense Nuclear Waste Management Program of the Department of 
        Energy.
            (2) The redesignation of the Defense Environmental 
        Restoration and Waste Management Account as the Defense Nuclear 
        Waste Management Account.

SEC. 3159. COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS 
              EXPERTISE.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``Commission on Maintaining United States Nuclear Weapons 
Expertise'' (in this section referred to as the ``Commission'').
    (b) Organizational Matters.--(1)(A) The Commission shall be 
composed of nine members appointed from among individuals in the public 
and private sectors who have significant experience in matters relating 
to nuclear weapons as follows:
            (i) Two shall be appointed by the Majority Leader of the 
        Senate (in consultation with the Minority Leader of the 
        Senate).
            (ii) One shall be appointed by the Minority Leader of the 
        Senate (in consultation with the Majority Leader of the 
        Senate).
            (iii) Two shall be appointed by the Speaker of the House of 
        Representatives (in consultation with the Minority Leader of 
        the House of Representatives).
            (iv) One shall be appointed by the Minority Leader of the 
        House of Representatives (in consultation with the Speaker of 
        the House of Representatives).
            (v) Three shall be appointed by the Secretary of Energy.
    (B) Members shall be appointed for the life of the Commission. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner as the original appointment.
    (C) The chairman of the Commission shall be designated from among 
the members of the Commission appointed under subparagraph (A) by the 
Majority Leader of the Senate, in consultation with the Minority Leader 
of the Senate.
    (2) The members of the Commission shall establish procedures for 
the activities of the Commission, including procedures for calling 
meetings, requirements for quorums, and the manner of taking votes.
    (c) Duties.--(1) The Commission shall develop a plan for recruiting 
and retaining within the Department of Energy nuclear weapons complex 
such scientific, engineering, and technical personnel as the Commission 
determines appropriate in order to permit the Department to maintain 
over the long term a safe and reliable nuclear weapons stockpile 
without engaging in underground testing.
    (2) In developing the plan, the Commission shall--
            (A) identify actions that the Secretary may undertake to 
        attract qualified scientific, engineering, and technical 
        personnel to the nuclear weapons complex of the Department; and
            (B) review and recommend improvements to the on-going 
        efforts of the Department to attract such personnel to the 
        nuclear weapons complex.
    (d) Report.--Not later than March 15, 1998, the Commission shall 
submit to the Secretary and to Congress a report containing the plan 
developed under subsection (c). The report may include recommendations 
for legislation and administrative action.
    (e) Commission Personnel Matters.--(1) Each member of the 
Commission who is not an officer or employee of the Federal Government 
shall be compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Commission. All members of the 
Commission who are officers or employees of the United States shall 
serve without compensation in addition to that received for their 
services as officers or employees of the United States.
    (2) The members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (3) The Commission may, without regard to the civil service laws 
and regulations, appoint and terminate such personnel as may be 
necessary to enable the Commission to perform its duties. The 
Commission may fix the compensation of the personnel of the Commission 
without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code, relating to classification 
of positions and General Schedule pay rates.
    (4) Any Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (f) Termination.--The Commission shall terminate 30 days after the 
date on which the Commission submits its report under subsection (d).
    (g) Applicability of FACA.--The provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the activities of the 
Commission.
    (h) Funding.--Of the amounts authorized to be appropriated pursuant 
to section 3101, not more than $1,000,000 shall be available for the 
activities of the Commission under this section. Funds made available 
to the Commission under this section shall remain available until 
expended.

SEC. 3160. SENSE OF SENATE REGARDING RELIABILITY AND SAFETY OF 
              REMAINING NUCLEAR FORCES.

    (a) Findings.--The Senate makes the following findings:
            (1) The United States is committed to proceeding with a 
        robust science-based stockpile stewardship program with respect 
        to production of nuclear weapons, and to maintaining nuclear 
        weapons production capabilities and capacities, that are 
        adequate--
                    (A) to ensure the safety, reliability, and 
                performance of the United States nuclear arsenal; and
                    (B) to meet such changing national security 
                requirements as may result from international 
                developments or technical problems with nuclear 
                warheads.
            (2) The United States is committed to reestablishing and 
        maintaining production of nuclear weapons at levels that are 
        sufficient--
                    (A) to satisfy requirements for the safety, 
                reliability, and performance of United States nuclear 
                weapons; and
                    (B) to demonstrate and sustain production 
                capabilities and capacities.
            (3) The United States is committed to maintaining the 
        nuclear weapons laboratories and protecting core nuclear 
        weapons competencies.
            (4) The United States is committed to ensuring the rapid 
        access to a new production source of tritium within the next 
        decade, as it currently has no meaningful capability to produce 
        tritium, a component that is essential to the performance of 
        modern nuclear weapons.
            (5) The United States reserves the right, consistent with 
        United States law, to resume underground nuclear testing to 
        maintain confidence in the United States' stockpile of nuclear 
        weapons if warhead design flaws or aging of nuclear weapons 
        result in problems that a robust stockpile stewardship program 
        cannot solve.
            (6) The United States is committed to funding the Nevada 
        Test Site at a level that maintains the ability of the United 
        States to resume underground nuclear testing within one year 
        after a national decision to do so is made.
            (7) The United States reserves the right to invoke the 
        supreme national interest of the United States and withdraw 
        from any future arms control agreement to limit underground 
        nuclear testing.
    (b) Sense of the Senate Regarding Presidential Consultation With 
Congress.--It is the sense of the Senate that the President should 
consult closely with Congress regarding United States policy and 
practices to ensure confidence in the safety and reliability of the 
nuclear stockpile of the United States.
    (c) Sense of the Senate Regarding Notification and Consultation.--
It is the sense of the Senate that, upon a determination by the 
President that a problem with the safety or reliability of the nuclear 
stockpile has occurred and that the problem cannot be corrected within 
the stockpile stewardship program, the President shall--
            (1) immediately notify Congress of the problem; and
            (2) submit to Congress in a timely manner a plan for 
        corrective action with respect to the problem, including--
                    (A) a technical description of the activities 
                required under the plan; and
                    (B) if underground testing of nuclear weapons would 
                assist in such corrective action, an assessment of 
                advisability of withdrawing from any treaty that 
                prohibits underground testing of nuclear weapons.

SEC. 3161. REPORT ON DEPARTMENT OF ENERGY LIABILITY AT DEPARTMENT 
              SUPERFUND SITES.

    (a) Study.--The Secretary of Energy shall, using funds authorized 
to be appropriated to the Department of Energy by section 3102, carry 
out a study of the liability of the Department for damages for injury 
to, destruction of, or loss of natural resources under section 
107(a)(4)(C) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)) at each site 
controlled or operated by the Department that is or is anticipated to 
become subject to the provisions of that Act.
    (b) Conduct of Study.--(1) The Secretary shall carry out the study 
using personnel of the Department or by contract with an appropriate 
private entity.
    (2) In determining the extent of Department liability for purposes 
of the study, the Secretary shall treat the Department as a private 
person liable for damages under section 107(f) of that Act (42 U.S.C. 
9607(f)) and subject to suit by public trustees of natural resources 
under such section 107(f) for such damages.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit a report on the study carried 
out under subsection (a) to the following committees:
            (1) The Committees on Environment and Public Works and 
        Armed Services and Energy and Natural Resources of the Senate.
            (2) The Committees on Commerce and National Security and 
        Resources of the House of Representatives.

SEC. 3162. FISCAL YEAR 1998 FUNDING FOR GREENVILLE ROAD IMPROVEMENT 
              PROJECT, LIVERMORE, CALIFORNIA.

    (a) Funding.--The Secretary of Energy shall include in budget for 
fiscal year 1998 submitted by the Secretary of Energy to the Office of 
Management and Budget, a request for sufficient funds to pay the United 
States portion of the cost of transportation improvements under the 
Greenville Road Improvement Project, Livermore, California.
    (b) Cooperation with Livermore, California.--The Secretary shall 
work with the City of Livermore, California, to determine the cost of 
the transportation improvements referred to in subsection (a).

SEC. 3163. OPPORTUNITY FOR REVIEW AND COMMENT BY STATE OF OREGON 
              REGARDING CERTAIN REMEDIAL ACTIONS AT HANFORD 
              RESERVATION, WASHINGTON.

    (a) Opportunity.--(1) Subject to subsection (b), the Site Manager 
at the Hanford Reservation, Washington, shall, in consultation with the 
signatories to the Tri-Party Agreement, provide the State of Oregon an 
opportunity to review and comment upon any information the Site Manager 
provides the State of Washington under the Hanford Tri-Party Agreement 
if the agreement provides for the review of and comment upon such 
information by the State of Washington.
    (2) In order to facilitate the review and comment of the State of 
Oregon under paragraph (1), the Site Manager shall provide information 
referred to in that paragraph to the State of Oregon at the same time, 
or as soon thereafter as is practicable, that the Site Manager provides 
such information to the State of Washington
    (b) Construction.--This section may not be construed--
            (1) to require the Site Manager to provide the State of 
        Oregon sensitive information on enforcement under the Tri-Party 
        Agreement or information on the negotiation, dispute 
        resolution, or State cost recovery provisions of the agreement;
            (2) to require the Site Manager to provide confidential 
        information on the budget or procurement at Hanford under terms 
        other than those provided in the Tri-Party Agreement for the 
        transmission of such confidential information to the State of 
        Washington;
            (3) to authorize the State of Oregon to participate in 
        enforcement actions, dispute resolution, or negotiation actions 
        conducted under the provisions of the Tri-Party Agreement;
            (4) to authorize any delay in the implementation of 
        remedial, environmental management, or other programmatic 
        activities at Hanford; or
            (5) to require the Department of Energy to provide funds to 
        the State of Oregon.

SEC. 3164. SENSE OF SENATE ON HANFORD MEMORANDUM OF UNDERSTANDING.

    It is the sense of the Senate that--
            (1) the State of Oregon has the authority to enter into a 
        memorandum of understanding with the State of Washington, or a 
        memorandum of understanding with the State of Washington and 
        the Site Manager of the Hanford Reservation, Washington, in 
        order to address issues of mutual concern to such States 
        regarding the Hanford Reservation; and
            (2) such agreements are not expected to create any 
        additional obligation of the Department of Energy to provide 
        funds to the State of Oregon.

SEC. 3165. FOREIGN ENVIRONMENTAL TECHNOLOGY.

    Section 2536(b) of title 10, United States Code, is amended to read 
as follows:
    (b) Waiver Authority.--(1) The Secretary concerned may waive the 
application of subsection (a) to a contract award if--
            (A) the Secretary concerned determines that the waiver is 
        essential to the national security interests of the United 
        States; or
            (B) in the case of a Department of Energy contract awarded 
        for environmental restoration, remediation, or waste management 
        at a Department of Energy facility--
                    (i) the Secretary determines that the waiver will 
                advance the environmental restoration, remediation, or 
                waste management objectives of the Department of Energy 
                and will not harm the national security interests of 
                the United States; and
                    (ii) the entity to which the contract is awarded is 
                controlled by a foreign government with which the 
                Secretary is authorized to exchange Restricted Data 
                under section 144(c) of the Atomic Energy Act of 1954 
                (42 U.S.C. 2164(c)).
    (2) The Secretary of Energy shall notify the appropriate committees 
of Congress of any decision to grant a waiver under paragraph (1)(B). 
The contract may be executed only after the end of the 45-day period 
beginning on the date the notification is received by the committees.

SEC. 3166. STUDY ON WORKER PROTECTION AT THE MOUND FACILITY.

    (a) Not later than March 15, 1997, the Secretary of Energy shall 
report to the defense committees of the Congress regarding the status 
of projects and programs to improve worker safety and health at the 
Mound Facility in Miamisburg, Ohio.
    (b) The report shall include the following:
            (1) the status of actions completed in fiscal year 1996;
            (2) the status of actions completed or proposed to be 
        completed in fiscal years 1997 and 1998;
            (3) a description of the fiscal year 1998 budget request 
        for Mound worker safety and health protection; and
            (4) an accounting of expenditures for worker safety and 
        health at Mound by year from fiscal year 1994 through and 
        including fiscal year 1996.

  Subtitle E--Environmental Restoration at Defense Nuclear Facilities

SEC. 3171. SHORT TITLE.

    This subtitle may be cited as the ``Defense Nuclear Facility 
Environmental Restoration Pilot Program Act of 1996''.

SEC. 3172. APPLICABILITY.

    (a) In General.--The provisions of this subtitle shall apply to the 
following defense nuclear facilities:
            (1) Hanford.
            (2) Any other defense nuclear facility if--
                    (A) the chief executive officer of the State in 
                which the facility is located submits to the Secretary 
                a request that the facility be covered by the 
                provisions of this subtitle; and
                    (B) the Secretary approves the request.
    (b) Limitation.--The Secretary may not approve a request under 
subsection (a)(2) until 60 days after the date on which the Secretary 
notifies the congressional defense committees of the Secretary's 
receipt of the request.

SEC. 3173. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL CLEANUP 
              DEMONSTRATION AREAS.

    (a) Designation.--Each defense nuclear facility covered by this 
subtitle under section 3172(a) is hereby designated as an environmental 
cleanup demonstration area. The purpose of the designation is to 
establish each such facility as a demonstration area at which to 
utilize and evaluate new technologies to be used in environmental 
restoration and remediation at other defense nuclear facilities.
    (b) Sense of Congress.--It is the sense of Congress that Federal 
and State regulatory agencies, members of the surrounding communities, 
and other affected parties with respect to each defense nuclear 
facility covered by this subtitle should continue to--
            (1) develop expedited and streamlined processes and systems 
        for cleaning up such facility;
            (2) eliminate unnecessary administrative complexity and 
        unnecessary duplication of regulation with respect to the clean 
        up of such facility;
            (3) proceed expeditiously and cost-effectively with 
        environmental restoration and remediation activities at such 
        facility;
            (4) consider future land use in selecting environmental 
        clean up remedies at such facility; and
            (5) identify and recommend to Congress changes in law 
        needed to expedite the clean up of such facility.

SEC. 3174. SITE MANAGERS.

    (a) Appointment.--(1)(A) The Secretary shall appoint a site manager 
for Hanford not later than 90 days after the date of the enactment of 
this Act.
    (B) The Secretary shall develop a list of the criteria to be used 
in appointing a site manager for Hanford. The Secretary may consult 
with affected and knowledgeable parties in developing the list.
    (2) The Secretary shall appoint the site manager for any other 
defense nuclear facility covered by this subtitle not later than 90 
days after the date of the approval of the request with respect to the 
facility under section 3172(a)(2).
    (3) An individual appointed as a site manager under this subsection 
shall, if not an employee of the Department at the time of the 
appointment, be an employee of the Department while serving as a site 
manager under this subtitle.
    (b) Duties.--(1) Subject to paragraphs (2) and (3), in addition to 
other authorities provided for in this subtitle, the site manager for a 
defense nuclear facility shall have full authority to oversee and 
direct operations at the facility, including the authority to--
            (A) enter into and modify contractual agreements to enhance 
        environmental restoration and waste management at the facility;
            (B) request that the Department headquarters submit to 
        Congress a reprogramming package shifting among accounts funds 
        available for the facility in order to facilitate the most 
        efficient and timely environmental restoration and waste 
        management at the facility, and, in the event that the 
        Department headquarters does not act upon the request within 30 
        days of the date of the request, submit such request to the 
        appropriate committees of Congress for review;
            (C) negotiate amendments to environmental agreements 
        applicable to the facility for the Department; and
            (D) manage environmental management and programmatic 
        personnel of the Department at the facility.
    (2) A site manager shall negotiate amendments under paragraph 
(1)(C) with the concurrence of the Secretary.
    (3) A site manager may not undertake or provide for any action 
under paragraph (1) that would result in an expenditure of funds for 
environmental restoration or waste management at the defense nuclear 
facility concerned in excess of the amount authorized to be expended 
for environmental restoration or waste management at the facility 
without the approval of such action by the Secretary.
    (c) Information on Progress.--The Secretary shall regularly inform 
Congress of the progress made by site managers under this subtitle in 
achieving expedited environmental restoration and waste management at 
the defense nuclear facilities covered by this subtitle.

SEC. 3175. DEPARTMENT OF ENERGY ORDERS.

    Effective 60 days after the appointment of a site manager for a 
defense nuclear facility under section 3174(a), an order relating to 
the execution of environmental restoration, waste management, 
technology development, or other site operation activities at the 
facility may be imposed at the facility if the Secretary makes a 
finding that the order--
            (1) is essential to the protection of human health or the 
        environment or to the conduct of critical administrative 
        functions; and
            (2) will not interfere with bringing the facility into 
        compliance with environmental laws, including the terms of any 
        environmental agreement.

SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY FOR REMEDIATION OF DEFENSE 
              NUCLEAR WASTE.

    (a) In General.--The site manager for a defense nuclear facility 
under this subtitle shall promote the demonstration, verification, 
certification, and implementation of innovative environmental 
technologies for the remediation of defense nuclear waste at the 
facility.
    (b) Demonstration Program.--To carry out subsection (a), each site 
manager shall establish a program at the defense nuclear facility 
concerned for testing environmental technologies for the remediation of 
defense nuclear waste at the facility. In establishing such a program, 
the site manager may--
            (1) establish a simplified, standardized, and timely 
        process for the testing and verification of environmental 
        technologies;
            (2) solicit and accept applications to test environmental 
        technology suitable for environmental restoration and waste 
        management activities at the facility, including prevention, 
        control, characterization, treatment, and remediation of 
        contamination;
            (3) consult and cooperate with the heads of existing 
        programs at the facility for the certification and verification 
        of environmental technologies at the facility; and
            (4) pay the costs of the demonstration of such 
        technologies.
    (c) Follow-on Contracts.--(1) If the Secretary and a person 
demonstrating a technology under the program enter into a contract for 
remediation of nuclear waste at a defense nuclear facility covered by 
this subtitle, or at any other Department facility, as a follow-on to 
the demonstration of the technology, the Secretary shall ensure that 
the contract provides for the Secretary to recoup from the contractor 
the costs incurred by the Secretary pursuant to subsection (b)(4) for 
the demonstration.
    (2) No contract between the Department and a contractor for the 
demonstration of technology under subsection (b) may provide for 
reimbursement of the costs of the contractor on a cost plus fee basis.
    (d) Safe Harbors.--In the case of an environmental technology 
demonstrated, verified, certified, and implemented at a defense nuclear 
facility under a program established under subsection (b), the site 
manager of another defense nuclear facility may request the Secretary 
to waive or limit contractual or Department regulatory requirements 
that would otherwise apply in implementing the same environmental 
technology at such other facility.

SEC. 3177. REPORTS TO CONGRESS.

    Not later than 120 days after the date of the appointment of a site 
manager under section 3174(a), the site manager shall submit to 
Congress and the Secretary a report describing the expectations of the 
site manager with respect to environmental restoration and waste 
management at the defense nuclear facility concerned by reason of the 
exercise of the authorities provided in this subtitle. The report shall 
describe the manner in which the exercise of such authorities is 
expected to improve environmental restoration and waste management at 
the facility and identify saving that are expected to accrue to the 
Department as a result of the exercise of such authorities.

SEC. 3178. TERMINATION.

    The authorities provided for in this subtitle shall expire five 
years after the date of the enactment of this Act.

SEC. 3179. DEFINITIONS.

    In this subtitle:
            (1) The term ``Department'' means the Department of Energy.
            (2) The term ``defense nuclear facility'' has the meaning 
        given the term ``Department of Energy defense nuclear 
        facility'' in section 318 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2286g).
            (3) The term ``Hanford'' means the defense nuclear facility 
        located in southeastern Washington State known as the Hanford 
        Reservation, Washington.
            (4) The term ``Secretary'' means the Secretary of Energy.

Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments.

SEC. 3181. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This subtitle may be cited as the ``Waste 
Isolation Pilot Plant Land Withdrawal Amendment Act''.
    (b) Reference.--Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579).

SEC. 3182. DEFINITIONS.

    Paragraphs (18) and (19) of section 2 are repealed.

SEC. 3183. TEST PHASE AND RETRIEVAL PLANS.

    Section 5 and the item relating to such section in the table of 
contents are repealed.

SEC. 3184. MANAGEMENT PLAN.

    Section 4(b)(5)(B) is amended by striking ``or with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.)''.

SEC. 3185. TEST PHASE ACTIVITIES.

    Section 6 is amended--
            (1) by repealing subsections (a) and (b),
            (2) by repealing paragraph (1) of subsection (c),
            (3) by redesignating subsection (c) as subsection (a) and 
        in that subsection--
                    (A) by repealing subparagraph (A) of paragraph (2),
                    (B) by striking the subsection heading and the 
                matter immediately following the subsection heading and 
                inserting ``Study.--The following study shall be 
                conducted:'',
                    (C) by striking ``(2) Remote-handled waste.--'',
                    (D) by striking ``(B) Study.--'',
                    (E) by redesignating clauses (i), (ii), and (iii) 
                as paragraphs (1), (2), and (3), respectively, and
                    (F) by realigning the margins of such clauses to be 
                margins of paragraphs,
            (4) in subsection (d), by striking ``, during the test 
        phase, a biennial'' and inserting ``a'' and by striking ``, 
        consisting of a documented analysis of'' and inserting ``as 
        necessary to demonstrate'', and
            (5) by redesignating subsection (d) as subsection (b).

SEC. 3186. DISPOSAL OPERATIONS.

    Section 7(b) is amended to read as follows:
    ``(b) Requirements for Commencement of Disposal Operations.--The 
Secretary may commence emplacement of transuranic waste underground for 
disposal at WIPP only upon completion of--
            ``(1) the Administrator's certification under section 
        8(d)(1) that the WIPP facility will comply with the final 
        disposal regulations;
            ``(2) the acquisition by the Secretary (whether by 
        purchase, condemnation, or otherwise) of Federal Oil and Gas 
        Leases No. NMNM 02953 and No. NMNM 02953C, unless the 
        Administrator determines, under section 4(b)(5), that such 
        acquisition is not required; and,
            ``(3) the expiration of the 30-day period beginning on the 
        date on which the Secretary notifies Congress that the 
        requirements of section 9(a)(1) have been met.''.

SEC. 3187. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS.

    (a) Section 8(d)(1).--Section 8(d)(1) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) Application for compliance.--Within 30 days 
                after the date of the enactment of the Waste Isolation 
                Pilot Plant Land Withdrawal Amendment Act, the 
                Secretary shall provide to Congress a schedule for the 
                incremental submission of chapters of the application 
                to the Administrator beginning no later than 30 days 
                after such date. The Administrator shall review the 
                submitted chapters and provide requests for additional 
                information from the Secretary as needed for 
                completeness within 45 days of the receipt of each 
                chapter. The Administrator shall notify Congress of 
                such requests. The schedule shall call for the 
                Secretary to submit all chapters to the Administrator 
                no later than October 31, 1996. The Administrator may 
                at any time request additional information from the 
                Secretary as needed to certify, pursuant to 
                subparagraph (B), whether the WIPP facility will comply 
                with the final disposal regulations.''; and
            (2) in subparagraph (D), by striking ``after the 
        application is'' and inserting ``after the full application has 
        been''.
    (b) Section 8(d) (2) and (3).--Section 8(d) is amended by striking 
paragraphs (2) and (3), by striking ``(1) Compliance with disposal 
regulations.--'', and by redesignating subparagraphs (A), (B), (C), and 
(D) of paragraph (1) as paragraph (1), (2), (3), and (4), respectively.
    (c) Section 8(g).--Section 8(g) is amended to read as follows:
    ``(g) Engineered and Natural Barriers, Etc.--The Secretary shall 
use both engineered and natural barriers and any other measures 
(including waste form modifications) to the extent necessary at WIPP to 
comply with the final disposal regulations.''.

SEC. 3188. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.

    (a) Section 9(a)(1).--Section 9(a)(1) is amended by adding after 
and below subparagraph (H) the following: ``With respect to transuranic 
mixed waste designated by the Secretary for disposal at WIPP, such 
waste is exempt from treatment standards promulgated pursuant to 
section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. 6924(m)) and 
shall not be subject to the land disposal prohibitions in section 
3004(d), (e), (f), and (g) of the Solid Waste Disposal Act.''.
    (b) Section 9(b).--Subsection (b) of section 9 is repealed.
    (c) Section 9(c)(2).--Subsection (c)(2) of section 9 is repealed.
    (d) Section 14.--Section 14 is amended--
            (1) in subsection (a), by striking ``No provision'' and 
        inserting ``Except for the exemption from the land disposal 
        restrictions described in section 9(a)(1), no provision''; and
            (2) in subsection (b)(2), by striking ``including all terms 
        and conditions of the No-Migration Determination'' and 
        inserting ``except that the transuranic mixed waste designated 
        by the Secretary for disposal at WIPP is exempt from the land 
        disposal restrictions described in section 9(a)(1)''.

SEC. 3189. RETRIEVABILITY.

    (a) Section 10.--Section 10 is amended to read as follows:

``SEC. 10. TRANSURANIC WASTE.

    ``It is the intent of Congress that the Secretary will complete all 
actions required under section 7(b) to commence emplacement of 
transuranic waste underground for disposal at WIPP no later than 
November 30, 1997.''.
    (b) Conforming Amendment.--The item relating to section 10 in the 
table of contents is amended to read as follows:

``Sec. 10. Transuranic waste.''.

SEC. 3190. DECOMMISSIONING OF WIPP

    Section 13 is amended--
            (1) by repealing subsection (a), and
            (2) in subsection (b), by striking ``(b) Management Plan 
        for the Withdrawal After Decommissioning.--Within 5 years after 
        the date of the enactment of this Act, the'' and inserting 
        ``The''.

SEC. 3191. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.

    (a) Section 15(a) is amended by adding at the end the following: 
``An appropriation to the State shall be in addition to any 
appropriation for WIPP.''.
    (b) $20,000,000 is authorized to be appropriated in fiscal year 
1997 to the Secretary for payment to the State of New Mexico for road 
improvements in connection with the WIPP.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 1997, 
$17,000,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) Obligations Authorized.--During fiscal year 1997, the National 
Defense Stockpile Manager may obligate up to $60,000,000 of the funds 
in the National Defense Stockpile Transaction Fund established under 
subsection (a) of section 9 of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds 
under subsection (b)(2) of such section.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 3302. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.

    (a) Disposal Required.--The President shall dispose of materials 
contained in the National Defense Stockpile and specified in the table 
in subsection (b) so as to result in receipts to the United States in 
amounts equal to--
            (1) $338,000,000 during the five-fiscal year period ending 
        on September 30, 2001; and
            (2) $649,000,000 during the seven-fiscal year period ending 
        on September 30, 2003.
    (b) Limitation on Disposal Quantity.--The total quantities of 
materials authorized for disposal by the President under subsection (a) 
may not exceed the amounts set forth in the following table:

                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
   Material for disposal                              Quantity          
------------------------------------------------------------------------
Aluminum..................................  62,881 short tons           
Cobalt....................................  30,000,000 pounds contained 
Columbium Ferro...........................  930,911 pounds contained    
Germanium Metal...........................  40,000 kilograms            
Indium....................................  35,000 troy ounces          
Palladium.................................  15,000 troy ounces          
Platinum..................................  10,000 troy ounces          
Rubber, Natural...........................  125,138 long tons           
Tantalum, Carbide Powder..................  6,000 pounds contained      
Tantalum, Minerals........................  750,000 pounds contained    
Tantalum, Oxide...........................  40,000 pounds contained     
------------------------------------------------------------------------

    (c) Deposit of Receipts.--(1) Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) and 
except as provided in paragraph (2), funds received as a result of the 
disposal of materials under subsection (a) shall be deposited into the 
general fund of the Treasury.
    (2) Funds received as a result of such disposal in excess of the 
amount of receipts specified in subsection (a)(2) shall be deposited in 
the National Defense Stockpile Transaction Fund established by section 
9(a) of that Act.
    (d) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is 
in addition to, and shall not affect, any other disposal authority 
provided by law regarding the materials specified in such subsection.
    (e) Definition.--The term ``National Defense Stockpile'' means the 
National Defense Stockpile provided for in section 4 of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98c).

SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE OF MATERIALS IN NATIONAL 
              DEFENSE STOCKPILE.

    (a) Disposal Required.--Subject to subsection (c), the President 
shall dispose of materials contained in the National Defense Stockpile 
and specified in the table in subsection (b) so as to result in 
receipts to the United States in amounts equal to--
            (1) $110,000,000 during the five-fiscal year period ending 
        September 30, 2001;
            (2) $260,000,000 during the seven-fiscal year period ending 
        September 30, 2003; and
            (3) $440,000,000 during the nine-fiscal year period ending 
        September 30, 2005.
    (b) Limitation on Disposal Quantity.--The total quantities of 
materials authorized for disposal by the President under subsection (a) 
may not exceed the amounts set forth in the following table:

                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
   Material for disposal                              Quantity          
------------------------------------------------------------------------
Chrome Metal, Electrolytic................  8,471 short tons            
Cobalt....................................  9,902,774 pounds            
Columbium Carbide.........................  21,372 pounds               
Columbium Ferro...........................  249,395 pounds              
Diamond, Bort.............................  91,542 carats               
Diamond, Stone............................  3,029,413 carats            
Germanium.................................  28,207 kilograms            
Indium....................................  15,205 troy ounces          
Palladium.................................  1,249,601 troy ounces       
Platinum..................................  442,641 troy ounces         
Rubber....................................  567 long tons               
Tantalum, Carbide Powder..................  22,688 pounds contained     
Tantalum, Minerals........................  1,748,947 pounds contained  
Tantalum, Oxide...........................  123,691 pounds contained    
Titanium Sponge...........................  36,830 short tons           
Tungsten..................................  76,358,235 pounds           
Tungsten, Carbide.........................  2,032,942 pounds            
Tungsten, Metal Powder....................  1,181,921 pounds            
Tungsten, Ferro...........................  2,024,143 pounds            
------------------------------------------------------------------------

    (c) Minimization of Disruption and Loss.--The President may not 
dispose of materials under subsection (a) to the extent that the 
disposal will result in--
            (1) undue disruption of the usual markets of producers, 
        processors, and consumers of the materials proposed for 
        disposal; or
            (2) avoidable loss to the United States.
    (d) Treatment of Receipts.--(1) Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), 
funds received as a result of the disposal of materials under 
subsection (a) shall be deposited into the general fund of the Treasury 
and used to offset the revenues lost as a result of the amendments made 
by subsection (a) of section 4303 of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658).
    (2) This section shall be treated as qualifying offsetting 
legislation for purposes of subsection (b) of such section 4303.
    (e) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is 
in addition to, and shall not affect, any other disposal authority 
provided by law regarding the materials specified in such subsection.
    (f) Definition.--The term ``National Defense Stockpile'' means the 
National Defense Stockpile provided for in section 4 of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98c).
    (g) Additional Limitation.--Of the amounts listed in the table in 
subsection (b), titanium sponge may be sold only to the extent 
necessary to attain the level of receipts specified in subsection (a), 
after taking into account the estimated receipts from the other 
materials in such table.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated to the Secretary of 
Energy $149,500,000 for fiscal year 1997 for the purpose of carrying 
out activities under chapter 641 of title 10, United States Code, 
relating to the naval petroleum reserves (as defined in section 7420(2) 
of such title). Funds appropriated pursuant to such authorization shall 
remain available until expended.

                  TITLE XXXV--PANAMA CANAL COMMISSION

SEC. 3501. SHORT TITLE.

    This title may be cited as the ``Panama Canal Commission 
Authorization Act for Fiscal Year 1997''.

SEC. 3502. AUTHORIZATION OF EXPENDITURES.

    (a) In General.--Subject to subsection (b), the Panama Canal 
Commission is authorized to make such expenditures within the limits of 
funds and borrowing authority available to it in accordance with law, 
and to make such contracts and commitments, to be derived from the 
Panama Canal Commission Revolving Fund, as may be necessary under the 
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, 
maintenance, improvement, and administration of the Panama Canal for 
fiscal year 1997.
    (b) Limitations.--For fiscal year 1997, the Panama Canal Commission 
may expend from funds in the Panama Canal Revolving Fund not more than 
$73,000 for reception and representation expenses, of which--
            (1) not more than $18,000 may be used for official 
        reception and representation expenses of the Supervisory Board 
        of the Commission;
            (2) not more than $10,000 may be used for official 
        reception and representation expenses of the Secretary of the 
        Commission; and
            (3) not more than $45,000 may be used for official 
        reception and representation expenses of the Administrator of 
        the Commission.

SEC. 3503. PURCHASE OF VEHICLES.

    Notwithstanding any provision of law relating to purchase of 
vehicles by agencies of the Federal Government, funds available to the 
Panama Canal Commission shall be available for the purchase of, and for 
transportation to the Republic of Panama of, passenger motor vehicles, 
including large, heavy-duty vehicles.

SEC. 3504. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.

    Expenditures authorized under this title may be made only in 
accordance with the Panama Canal Treaties of 1977 and any law of the 
United States implementing those treaties.

                  TITLE XXXVI--MISCELLANEOUS PROVISION

SEC. 3601. SENSE OF THE SENATE REGARDING THE REOPENING OF PENNSYLVANIA 
              AVENUE.

    (a) Findings.--The Senate makes the following findings:
            (1) In 1791, President George Washington commissioned 
        Pierre Charles L'Enfant to draft a blueprint for America's new 
        capital city; they envisioned Pennsylvania Avenue as a bold, 
        ceremonial boulevard physically linking the U.S. Capitol 
        building and the White House, and symbolically the Legislative 
        and Executive branches of government.
            (2) An integral element of the District of Columbia, 
        Pennsylvania Avenue stood for 195 years as a vital, working, 
        unbroken roadway, elevating it into a place of national 
        importance as ``America's Main Street''.
            (3) 1600 Pennsylvania Avenue, the White House, has become 
        America's most recognized address and a primary destination of 
        visitors to the Nation's Capital; ``the People's House'' is 
        host to 5,000 tourists daily, and 15,000,000 annually.
            (4) As home to the President, and given its prominent 
        location on Pennsylvania Avenue and its proximity to the 
        People, the White House has become a powerful symbol of 
        freedom, openness, and an individual's access to their 
        government.
            (5) On May 20, 1995, citing possible security risks from 
        vehicles transporting terrorist bombs, President Clinton 
        ordered the Secret Service, in conjunction with the Department 
        of the Treasury, to close Pennsylvania Avenue to vehicular 
        traffic for two blocks in front of the White House.
            (6) While the security of the President and visitors to the 
        White House is of grave concern and is not to be taken lightly, 
        the need to assure the President's safety must be balanced with 
        the expectation of freedom inherent in a democracy; the present 
        situation is tilted too heavily toward security at freedom's 
        expense.
            (7) By impeding access and imposing undue hardships upon 
        tourists, residents of the District, commuters, and local 
        business owners and their customers, the closure of 
        Pennsylvania Avenue, undertaken without the counsel of the 
        government of the District of Columbia, has replaced the former 
        openness of the area surrounding the White House with 
        barricades, additional security checkpoints, and an atmosphere 
        of fear and distrust.
            (8) In the year following the closure of Pennsylvania 
        Avenue, the taxpayers have borne a significant burden for 
        additional security measures along the Avenue near the White 
        House.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
President should request the Department of the Treasury and the Secret 
Service to work with the Government of the District of Columbia to 
develop a plan for the permanent reopening to vehicular traffic of 
Pennsylvania Avenue in front of the White House in order to restore the 
Avenue to its original state and return it to the people: Provided, 
That the Secretary of the Treasury and the Secret Service certify that 
the plan protects the security of the people who live and work in the 
White House.

            Passed the Senate July 10, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1763

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 1997 for defense activities 
          of the Department of Energy, and for other purposes.

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