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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 1997’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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.
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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
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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.

1 TITLE XXXI—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 PROGRAMS

4 Subtitle A—National Security

5 Programs Authorizations

6 SEC. 3101. WEAPONS ACTIVITIES.

7 (a) STOCKPILE STEWARDSHIP.—Funds are hereby

8 authorized to be appropriated to the Department of En9 ergy for fiscal year 1997 for stockpile stewardship in car10 rying out weapons activities necessary for national secu11 rity programs in the amount of $1,636,767,000, to be allo12 cated as follows:

13 (1) For core stockpile stewardship,

14 $1,200,907,000, to be allocated as follows:

15 (A) For operation and maintenance,

16 $1,112,570,000.
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1 (B) For plant projects (including mainte2 nance, restoration, planning, construction, ac3 quisition, modification of facilities, and the con4 tinuation of projects authorized in prior years,

5 and land acquisition related thereto),

6 $88,337,000, to be allocated as follows:

7 Project 96–D–102, stockpile steward8 ship facilities revitalization, Phase VI, var9 ious locations, $19,250,000.

10 Project 96–D–103, ATLAS, Los Ala11 mos National Laboratory, Los Alamos,

12 New Mexico, $15,100,000.

13 Project 96–D–104, processing and en14 vironmental technology laboratory

15 (PETL), Sandia National Laboratories,

16 Albuquerque, New Mexico, $14,100,000.

17 Project 96–D–105, contained firing

18 facility addition, Lawrence Livermore Na19 tional Laboratory, Livermore, California,

20 $17,100,000.

21 Project 95–D–102, Chemical and

22 Metallurgy Research Building upgrades

23 project, Los Alamos National Laboratory,

24 Los Alamos, New Mexico, $15,000,000.
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1 Project 94–D–102, nuclear weapons

2 research, development, and testing facili3 ties revitalization, Phase V, various loca4 tions, $7,787,000.

5 (2) For inertial fusion, $366,460,000, to be al6 located as follows:

7 (A) For operation and maintenance,

8 $234,560,000.

9 (B) For the following plant project (includ10 ing maintenance, restoration, planning, con11 struction, acquisition, and modification of facili12 ties, and land acquisition related thereto):

13 Project 96–D–111, national ignition

14 facility, location to be determined,

15 $131,900,000.

16 (3) For technology transfer and education,

17 $69,400,000.

18 (b) STOCKPILE MANAGEMENT.—Funds are hereby

19 authorized to be appropriated to the Department of En20 ergy for fiscal year 1997 for stockpile management in car21 rying out weapons activities necessary for national secu22 rity programs in the amount of $1,988,831,000, to be allo23 cated as follows:

24 (1) For operation and maintenance,

25 $1,894,470,000.
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1 (2) For plant projects (including maintenance,

2 restoration, planning, construction, acquisition,

3 modification of facilities, and the continuation of

4 projects authorized in prior years, and land acquisi5 tion related thereto), $94,361,000, to be allocated as

6 follows:

7 Project 97–D–121, consolidated pit pack8 aging system, Pantex Plant, Amarillo, Texas,

9 $870,000.

10 Project 97–D–122, nuclear materials stor11 age facility renovation, Los Alamos National

12 Laboratory, Los Alamos, New Mexico,

13 $4,000,000.

14 Project 97–D–123, structural upgrades,

15 Kansas City Plant, Kansas City, Missouri,

16 $1,400,000.

17 Project 97–D–124, steam plant waste

18 water treatment facility upgrade, Y–12 plant,

19 Oak Ridge, Tennessee, $600,000.

20 Project 96–D–122, sewage treatment qual21 ity upgrade (STQU), Pantex Plant, Amarillo,

22 Texas, $100,000.

23 Project 96–D–123, retrofit heating, ven24 tilation, and air conditioning and chillers for
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1 ozone protection, Y–12 plant, Oak Ridge, Ten2 nessee, $7,000,000.

3 Project 96–D–125, Washington measure4 ments operations facility, Andrews Air Force

5 Base, Camp Springs, Maryland, $3,825,000.

6 Project 95–D–122, sanitary sewer up7 grade, Y–12 plant, Oak Ridge, Tennessee,

8 $10,900,000.

9 Project 94–D–124, hydrogen fluoride sup10 ply system, Y–12 plant, Oak Ridge, Tennessee,

11 $4,900,000.

12 Project 94–D–125, upgrade life safety,

13 Kansas City Plant, Kansas City, Missouri,

14 $5,200,000.

15 Project 94–D–127, emergency notification

16 system, Pantex Plant, Amarillo, Texas,

17 $2,200,000.

18 Project 93–D–122, life safety upgrades,

19 Y–12 plant, Oak Ridge, Tennessee, $7,200,000.

20 Project 93–D–123, non-nuclear reconfig21 uration, complex-21, various locations,

22 $14,487,000.

23 Project 88–D–122, facilities capability as24 surance program, various locations,

25 $21,940,000.
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1 Project 88–D–123, security enhancement,

2 Pantex Plant, Amarillo, Texas, $9,739,000.

3 (c) PROGRAM DIRECTION.—Funds are hereby au4 thorized to be appropriated to the Department of Energy

5 for fiscal year 1997 for program direction in carrying out

6 weapons activities necessary for national security pro7 grams in the amount of $323,404,000.

8 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

9 MANAGEMENT.

10 (a) ENVIRONMENTAL RESTORATION.—Subject to

11 subsection (j), funds are hereby authorized to be appro12 priated to the Department of Energy for fiscal year 1997

13 for environmental restoration in carrying out environ14 mental restoration and waste management activities nec15 essary for national security programs in the amount of

16 $1,777,194,000.

17 (b) WASTE MANAGEMENT.—Subject to subsection

18 (j), funds are hereby authorized to be appropriated to the

19 Department of Energy for fiscal year 1997 for waste man20 agement in carrying out environmental restoration and

21 waste management activities necessary for national secu22 rity programs in the amount of $1,601,653,000, to be allo23 cated as follows:

24 (1) For operation and maintenance,

25 $1,513,326,000.
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1 (2) For plant projects (including maintenance,

2 restoration, planning, construction, acquisition,

3 modification of facilities, and the continuation of

4 projects authorized in prior years, and land acquisi5 tion related thereto), $88,327,000, to be allocated as

6 follows:

7 Project 97–D–402, tank restoration and

8 safe operations, Richland, Washington,

9 $7,584,000.

10 Project 96–D–408, waste management up11 grades, various locations, $11,246,000.

12 Project 95–D–402, install permanent elec13 trical service, Waste Isolation Pilot Plant,

14 Carlsbad, New Mexico, $752,000.

15 Project 95–D–405, industrial landfill V

16 and construction/demolition landfill VII, Phase

17 III, Y–12 Plant, Oak Ridge, Tennessee,

18 $200,000.

19 Project 94–D–404, Melton Valley storage

20 tank capacity increase, Oak Ridge National

21 Laboratory, Oak Ridge, Tennessee, $6,345,000.

22 Project 94–D–407, initial tank retrieval

23 systems, Richland, Washington, $12,600,000.
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1 Project 93–D–182, replacement of cross2 site transfer system, Richland, Washington,

3 $8,100,000.

4 Project 93–D–187, high-level waste re5 moval from filled waste tanks, Savannah River

6 Site, South Carolina, $20,000,000.

7 Project 89–D–174, replacement high-level

8 waste evaporator, Savannah River Site, Aiken,

9 South Carolina, $11,500,000.

10 Project 86–D–103, decontamination and

11 waste treatment facility, Lawrence Livermore

12 National Laboratory, Livermore, California,

13 $10,000,000.

14 (c) TECHNOLOGY DEVELOPMENT.—Subject to sub15 section (j), funds are hereby authorized to be appropriated

16 to the Department of Energy for fiscal year 1997 for tech17 nology development in carrying out environmental restora18 tion and waste management activities necessary for na19 tional security programs in the amount of $328,771,000.

20 (d) NUCLEAR MATERIALS AND FACILITIES STA21 BILIZATION.—Subject to subsection (j), funds are hereby

22 authorized to be appropriated to the Department of En23 ergy for fiscal year 1997 for nuclear materials and facili24 ties stabilization in carrying out environmental restoration

25 and waste management activities necessary for national
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1 security programs in the amount of $994,821,000, to be

2 allocated as follows:

3 (1) For operation and maintenance,

4 $909,664,000.

5 (2) For plant projects (including maintenance,

6 restoration, planning, construction, acquisition,

7 modification of facilities, and the continuation of

8 projects authorized in prior years, and land acquisi9 tion related thereto), $85,157,000, to be allocated as

10 follows:

11 Project 97–D–450, actinide packaging and

12 storage facility, Savannah River Site, Aiken,

13 South Carolina, $7,900,000.

14 Project 97–D–451, B–plant safety class

15 ventilation upgrades, Richland, Washington,

16 $1,500,000.

17 Project 96–D–406, spent nuclear fuels

18 canister storage and stabilization facility, Rich19 land, Washington, $60,672,000.

20 Project 96–D–464, electrical and utility

21 systems upgrade, Idaho Chemical Processing

22 Plant, Idaho National Engineering Laboratory,

23 Idaho, $10,440,000.

24 Project 95–D–456, security facilities up25 grade, Idaho Chemical Processing Plant, Idaho
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1 National Engineering Laboratory, Idaho,

2 $4,645,000.

3 (e) POLICY AND MANAGEMENT.—Subject to sub4 section (j), funds are hereby authorized to be appropriated

5 to the Department of Energy for fiscal year 1997 policy

6 and management activities (including development and di7 rection of policy, training and education, and manage8 ment) in carrying out environmental restoration and waste

9 management activities necessary for national security pro10 grams in the amount of $26,155,000.

11 (f) SITE OPERATIONS.—Subject to subsection (j),

12 funds are hereby authorized to be appropriated to the De13 partment of Energy for fiscal year 1997 for site operations

14 in carrying out environmental restoration and waste man15 agement activities necessary for national security pro16 grams in the amount of $363,469,000, to be allocated as

17 follows:

18 (1) For operation and maintenance,

19 $331,054,000.

20 (2) For plant projects (including maintenance,

21 restoration, planning, construction, acquisition,

22 modification of facilities, and the continuation of

23 projects authorized in prior years, and land acquisi24 tion related thereto), $32,415,000, to be allocated as

25 follows:
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1 Project 96–D–461, electrical distribution

2 upgrade, Idaho National Engineering Labora3 tory, Idaho, $6,790,000.

4 Project 96–D–470, environmental monitor5 ing laboratory, Savannah River Site, Aiken,

6 South Carolina, $2,500,000.

7 Project 96–D–471, chlorofluorocarbon

8 heating, ventilation, and air conditioning and

9 chiller retrofit, Savannah River Site, Aiken,

10 South Carolina, $8,541,000.

11 Project 96–D–473, health physics site sup12 port facility, Savannah River Site, Aiken, South

13 Carolina, $2,000,000.

14 Project 95–E–600, hazardous materials

15 management and emergency response training

16 center, Richland, Washington, $7,900,000.

17 Project 95–D–155, upgrade site road in18 frastructure, Savannah River, South Carolina,

19 $4,137,000.

20 Project 94–D–401, emergency response fa21 cility, Idaho National Engineering Laboratory,

22 Idaho, $547,000.

23 (g) ENVIRONMENTAL SCIENCE AND RISK POLICY.—

24 Subject to subsection (j), funds are hereby authorized to

25 be appropriated to the Department of Energy for fiscal
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1 year 1997 for environmental science and risk policy activi2 ties in carrying out environmental restoration and waste

3 management activities necessary for national security pro4 grams in the amount of $52,136,000.

5 (h) ENVIRONMENTAL MANAGEMENT PRIVATIZA6 TION.—Subject to subsection (j), funds are hereby author7 ized to be appropriated to the Department of Energy for

8 fiscal year 1997 for environmental management privatiza9 tion activities in carrying out environmental restoration

10 and waste management necessary for national security

11 programs in the amount of $185,000,000.

12 (i) PROGRAM DIRECTION.—Subject to subsection (j),

13 funds are hereby authorized to be appropriated to the De14 partment of Energy for fiscal year 1997 for program di15 rection in carrying out environmental restoration and

16 waste management activities necessary for national secu17 rity programs in the amount of $436,511,000.

18 (j) ADJUSTMENTS.—The total amount authorized to

19 be appropriated pursuant to this section is the sum of the

20 amounts authorized to be appropriated in subsections (a)

21 through (i) reduced by the sum of—

22 (1) $150,400,000, for use of prior year bal23 ances; and

24 (2) $8,000,000, for Savannah River Pension

25 Refund.
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1 SEC. 3103. OTHER DEFENSE ACTIVITIES.

2 Funds are hereby authorized to be appropriated to

3 the Department of Energy for fiscal year 1997 for other

4 defense activities in carrying out programs necessary for

5 national security in the amount of $1,560,700,000, to be

6 allocated as follows:

7 (1) For verification and control technology,

8 $456,348,000, to be allocated as follows:

9 (A) For nonproliferation and verification

10 research and development, $204,919,000.

11 (B) For arms control, $216,244,000.

12 (C) For intelligence, $35,185,000.

13 (2) For nuclear safeguards and security,

14 $47,208,000.

15 (3) For security investigations, $22,000,000.

16 (4) For environment, safety, and health, de17 fense, $53,094,000.

18 (5) For program direction, environment, safety,

19 and health, defense, $10,706,000.

20 (6) For worker and community transition as21 sistance, $62,659,000.

22 (7) For program direction, worker and commu23 nity transition assistance, $4,341,000.

24 (8) For fissile materials $93,796,000, to be al25 located as follows:
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1 (A) For control and disposition,

2 $73,163,000.

3 (B) For the following plant project (includ4 ing maintenance, restoration, planning, con5 struction, acquisition, and modification of facili6 ties, and land acquisition related thereto):

7 Project 97–D–140, consolidated spe8 cial nuclear materials storage plant, loca9 tion to be determined, $17,000,000.

10 (C) For program direction, $3,633,000.

11 (9) For emergency management, $16,794,000.

12 (10) For program direction, nonproliferation

13 and national security, $90,622,000.

14 (11) For naval reactors development,

15 $681,932,000, to be allocated as follows:

16 (A) For operation and infrastructure,

17 $649,330,000.

18 (B) For plant projects (including mainte19 nance, restoration, planning, construction, ac20 quisition, modification of facilities, and the con21 tinuation of projects authorized in prior years,

22 and land acquisition related thereto),

23 $13,700,000, to be allocated as follows:

24 Project 97–D–201, advanced test re25 actor secondary coolant system upgrades
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1 Idaho National Engineering Laboratory,

2 Idaho, $400,000.

3 Project 95–D–200, laboratory systems

4 and hot cell upgrades, various locations,

5 $4,800,000.

6 Project 95–D–201, advanced test re7 actor radioactive waste system upgrades,

8 Idaho National Engineering Laboratory,

9 Idaho, $500,000.

10 Project 90–N–102, expended core fa11 cility dry cell project, Naval Reactors Fa12 cility, Idaho, $8,000,000.

13 (C) For program direction, $18,902,000.

14 (12) For international nuclear safety,

15 $15,200,000.

16 (13) For nuclear security, $6,000,000.

17 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

18 Funds are hereby authorized to be appropriated to

19 the Department of Energy for fiscal year 1996 for pay20 ment to the Nuclear Waste Fund established in section

21 302(c) of the Nuclear Waste Policy Act of 1982 (42

22 U.S.C. 10222(c)) in the amount of $200,000,000.
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1 Subtitle B—Recurring General

2 Provisions

3 SEC. 3121. REPROGRAMMING.

4 (a) IN GENERAL.—Until the Secretary of Energy

5 submits to the congressional defense committees the re6 port referred to in subsection (b) and a period of 30 days

7 has elapsed after the date on which such committees re8 ceive the report, the Secretary may not use amounts ap9 propriated pursuant to this title for any program—

10 (1) in amounts that exceed, in a fiscal year—

11 (A) 110 percent of the amount authorized

12 for that program by this title; or

13 (B) $1,000,000 more than the amount au14 thorized for that program by this title; or

15 (2) which has not been presented to, or re16 quested of, Congress.

17 (b) REPORT.—(1) The report referred to in sub18 section (a) is a report containing a full and complete state19 ment of the action proposed to be taken and the facts and

20 circumstances relied upon in support of such proposed ac21 tion.

22 (2) In the computation of the 30-day period under

23 subsection (a), there shall be excluded any day on which

24 either House of Congress is not in session because of an

25 adjournment of more than 3 days to a day certain.
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1 (c) LIMITATIONS.—(1) In no event may the total

2 amount of funds obligated pursuant to this title exceed

3 the total amount authorized to be appropriated by this

4 title.

5 (2) Funds appropriated pursuant to this title may not

6 be used for an item for which Congress has specifically

7 denied funds.

8 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

9 (a) IN GENERAL.—The Secretary of Energy may

10 carry out any construction project under the general plant

11 projects authorized by this title if the total estimated cost

12 of the construction project does not exceed $5,000,000.

13 (b) REPORT TO CONGRESS.—If, at any time during

14 the construction of any general plant project authorized

15 by this title, the estimated cost of the project is revised

16 because of unforeseen cost variations and the revised cost

17 of the project exceeds $5,000,000, the Secretary shall im18 mediately furnish a complete report to the congressional

19 defense committees explaining the reasons for the cost

20 variation.

21 (c) STUDY ON PERMANENT AUTHORIZATION FOR

22 GENERAL PLANT PROJECTS.—Not later than February 1,

23 1997, the Secretary of Energy shall report to the appro24 priate congressional committees on the need for, and de25 sirability of, a permanent authorization formula for de-
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1 fense and civilian general plant projects in the Department

2 of Energy that includes periodic adjustments for inflation,

3 including any legislative recommendations to enact such

4 formula into permanent law. The report of the Secretary

5 shall describe actions that would be taken by the Depart6 ment to provide for cost control of general plant projects,

7 taking into account the size and nature of such projects.

8 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

9 (a) IN GENERAL.—(1) Except as provided in para10 graph (2), construction on a construction project may not

11 be started or additional obligations incurred in connection

12 with the project above the total estimated cost, whenever

13 the current estimated cost of the construction project,

14 which is authorized by section 3101, 3102, or 3103, or

15 which is in support of national security programs of the

16 Department of Energy and was authorized by any pre17 vious Act, exceeds by more than 25 percent the higher

18 of—

19 (A) the amount authorized for the project; or

20 (B) the amount of the total estimated cost for

21 the project as shown in the most recent budget jus22 tification data submitted to Congress.

23 (2) An action described in paragraph (1) may be

24 taken if—
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1 (A) the Secretary of Energy has submitted to

2 the congressional defense committees a report on the

3 actions and the circumstances making such action

4 necessary; and

5 (B) a period of 30 days has elapsed after the

6 date on which the report is received by the commit7 tees.

8 (3) In the computation of the 30-day period under

9 paragraph (2), there shall be excluded any day on which

10 either House of Congress is not in session because of an

11 adjournment of more than 3 days to a day certain.

12 (b) EXCEPTION.—Subsection (a) shall not apply to

13 any construction project which has a current estimated

14 cost of less than $5,000,000.

15 SEC. 3124. FUND TRANSFER AUTHORITY.

16 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

17 The Secretary of Energy may transfer funds authorized

18 to be appropriated to the Department of Energy pursuant

19 to this title to other Federal agencies for the performance

20 of work for which the funds were authorized. Funds so

21 transferred may be merged with and be available for the

22 same purposes and for the same period as the authoriza23 tions of the Federal agency to which the amounts are

24 transferred.
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1 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY;

2 LIMITATIONS.—(1) Subject to paragraph (2), the Sec3 retary of Energy may transfer funds authorized to be ap4 propriated to the Department of Energy pursuant to this

5 title between any such authorizations. Amounts of author6 izations so transferred may be merged with and be avail7 able for the same purposes and for the same period as

8 the authorization to which the amounts are transferred.

9 (2) Not more than five percent of any such authoriza10 tion may be transferred between authorizations under

11 paragraph (1). No such authorization may be increased

12 or decreased by more than five percent by a transfer under

13 such paragraph.

14 (3) The authority provided by this section to transfer

15 authorizations—

16 (A) may only be used to provide funds for items

17 relating to weapons activities necessary for national

18 security programs that have a higher priority than

19 the items from which the funds are transferred; and

20 (B) may not be used to provide authority for an

21 item that has been denied funds by Congress.

22 (c) NOTICE TO CONGRESS.—The Secretary of Energy

23 shall promptly notify the Committee on Armed Services

24 of the Senate and the Committee on National Security of
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1 the House of Representatives of any transfer of funds to

2 or from authorizations under this title.

3 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC4 TION DESIGN.

5 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

6 Subject to paragraph (2) and except as provided in para7 graph (3), before submitting to Congress a request for

8 funds for a construction project that is in support of a

9 national security program of the Department of Energy,

10 the Secretary of Energy shall complete a conceptual de11 sign for that project. The Secretary shall submit to Con12 gress a report on each conceptual design completed under

13 this paragraph.

14 (2) If the estimated cost of completing a conceptual

15 design for a construction project exceeds $3,000,000, the

16 Secretary shall submit to Congress a request for funds for

17 the conceptual design before submitting a request for

18 funds for the construction project.

19 (3) The requirement in paragraph (1) does not apply

20 to a request for funds—

21 (A) for a construction project the total esti22 mated cost of which is less than $5,000,000; or

23 (B) for emergency planning, design, and con24 struction activities under section 3126.
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1 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

2 Within the amounts authorized by this title, the Secretary

3 of Energy may carry out construction design (including

4 architectural and engineering services) in connection with

5 any proposed construction project if the total estimated

6 cost for such design does not exceed $600,000.

7 (2) If the total estimated cost for construction design

8 in connection with any construction project exceeds

9 $600,000, funds for such design must be specifically au10 thorized by law.

11 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE12 SIGN, AND CONSTRUCTION ACTIVITIES.

13 (a) AUTHORITY.—The Secretary of Energy may use

14 any funds available to the Department of Energy pursuant

15 to an authorization in this title, including those funds au16 thorized to be appropriated for advance planning and con17 struction design under sections 3101, 3102, and 3103, to

18 perform planning, design, and construction activities for

19 any Department of Energy national security program con20 struction project that, as determined by the Secretary,

21 must proceed expeditiously in order to protect public

22 health and safety, to meet the needs of national defense,

23 or to protect property.

24 (b) LIMITATION.—The Secretary may not exercise

25 the authority under subsection (a) in the case of any con-
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1 struction project until the Secretary has submitted to the

2 congressional defense committees a report on the activities

3 that the Secretary intends to carry out under this section

4 and the circumstances making such activities necessary.

5 (c) SPECIFIC AUTHORITY.—The requirement of sec6 tion 3125(b)(2) does not apply to emergency planning, de7 sign, and construction activities conducted under this sec8 tion.

9 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU10 RITY PROGRAMS OF THE DEPARTMENT OF

11 ENERGY.

12 Subject to the provisions of appropriations Acts and

13 section 3121, amounts appropriated pursuant to this title

14 for management and support activities and for general

15 plant projects are available for use, when necessary, in

16 connection with all national security programs of the De17 partment of Energy.

18 SEC. 3128. AVAILABILITY OF FUNDS.

19 When so specified in an appropriations Act, amounts

20 appropriated for operation and maintenance or for plant

21 projects may remain available until expended.
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1 Subtitle C—Program Authoriza2 tions, Restrictions, and Limita3 tions

4 SEC. 3131. TRITIUM PRODUCTION.

5 (a) ACCELERATION OF TRITIUM PRODUCTION.—(1)

6 The Secretary of Energy shall, during fiscal year 1997,

7 make a final decision on the technologies to be utilized,

8 and the accelerated schedule to be adopted, for tritium

9 production in order to meet the requirements of the Nu10 clear Weapons Stockpile Memorandum relating to tritium

11 production, including the new tritium production date of

12 2005 specified in the Nuclear Weapons Stockpile Memo13 randum.

14 (2) In making the final decision, the Secretary shall

15 take into account the following:

16 (A) The requirements for tritium production

17 specified in the Nuclear Weapons Stockpile Memo18 randum, including, in particular, the requirements

19 for the ‘‘upload hedge’’ component of the nuclear

20 weapons stockpile.

21 (B) The ongoing activities of the Department

22 relating to the evaluation and demonstration of tech23 nologies under the accelerator reactor program and

24 the commercial light water reactor program.
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1 (b) REPORT.—(1) Not later than April 15, 1997, the

2 Secretary shall submit to the Congress a report that sets

3 forth the final decision of the Secretary under subsection

4 (a)(1). The report shall set forth in detail—

5 (A) the technologies decided on under that sub6 section; and

7 (B) the accelerated schedule for the production

8 of tritium decided on under that subsection.

9 (2) If the Secretary determines that it is not possible

10 to make the final decision by the date specified in para11 graph (1), the Secretary shall submit to Congress on that

12 date a report that explains in detail why the final decision

13 cannot be made by that date.

14 (c) NEW TRITIUM PRODUCTION FACILITY.—The

15 Secretary shall commence planning and design activities

16 and infrastructure development for a new tritium produc17 tion facility.

18 (d) IN-REACTOR TESTS.—The Secretary may per19 form in-reactor tests of tritium target rods as part of the

20 activities carried out under the commercial light water re21 actor program.

22 (e) FUNDING.—Of the funds authorized to be appro23 priated to the Department of Energy pursuant to section

24 3101(b)(1)—
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1 (1) not more than $45,000,000 shall be avail2 able for research, development, and technology dem3 onstration activities and other activities relating to

4 the production of tritium in accelerators;

5 (2) not more than $15,000,000 shall be avail6 able for the commercial light water reactor project,

7 including activities relating to target development,

8 extraction capability, and reactor acquisition or ini9 tial tritium operations; and

10 (3) not more than $100,000,000 shall be avail11 able for other tritium production research activities.

12 SEC. 3132. MODERNIZATION AND CONSOLIDATION OF TRIT13 IUM RECYCLING FACILITIES.

14 (a) IN GENERAL.—The Secretary of Energy shall

15 carry out activities to modernize and consolidate the facili16 ties for recycling tritium for weapons at the Savannah

17 River Site, South Carolina, so as to ensure that such fa18 cilities have a capacity to recycle tritium from weapons

19 that is adequate to meet the tritium requirements for

20 weapons specified in the Nuclear Weapons Stockpile

21 Memorandum.

22 (b) FUNDING.—Of the funds authorized to be appro23 priated to the Department of Energy pursuant to section

24 3101, not more than $6,000,000 shall be available for ac25 tivities under subsection (a).
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1 SEC. 3133. MODIFICATION OF REQUIREMENTS FOR MANU2 FACTURING INFRASTRUCTURE FOR REFAB3 RICATION AND CERTIFICATION OF NUCLEAR

4 WEAPONS STOCKPILE.

5 (a) GENERAL PROGRAM REQUIREMENTS.—Sub6 section (a) of section 3137 of the National Defense Au7 thorization Act for Fiscal Year 1996 (Public Law 104–

8 106; 110 Stat. 620; 42 U.S.C. 2121 note) is amended—

9 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

10 Energy’’;

11 (2) by redesignating paragraphs (1) through

12 (5) as subparagraphs (A) through (E), respectively;

13 and

14 (3) by adding at the end the following:

15 ‘‘(2) The purpose of the program carried out under

16 paragraph (1) shall also be to develop manufacturing ca17 pabilities and capacities necessary to meet the require18 ments specified in the annual Nuclear Weapons Stockpile

19 Review.’’.

20 (b) REQUIRED CAPABILITIES.—Subsection (b)(3) of

21 such section is amended to read as follows:

22 ‘‘(3) The capabilities of the Savannah River

23 Site relating to tritium recycling and fissile mate24 rials components processing and fabrication.’’.

25 (c) PLAN AND REPORT.—Not later than March 1,

26 1997, the Secretary of Energy shall submit to Congress
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1 a report containing a plan for carrying out the program

2 established under section 3137(a) of the National Defense

3 Authorization Act for Fiscal Year 1996, as amended by

4 this section. The report shall set forth the obligations that

5 the Secretary has incurred, and proposes to incur, during

6 fiscal year 1997 in carrying out the program.

7 (d) FUNDING.—Of the funds authorized to be appro8 priated pursuant to section 3101(b), $5,000,000 shall be

9 available for carrying out the program established under

10 section 3137(a) of the National Defense Authorization Act

11 for Fiscal Year 1996, as so amended.

12 SEC. 3134. LIMITATION ON USE OF FUNDS FOR CERTAIN

13 RESEARCH AND DEVELOPMENT PURPOSES.

14 (a) LIMITATION.—No funds appropriated or other15 wise made available to the Department of Energy for fiscal

16 year 1997 under section 3101 may be obligated or ex17 pended for activities under the Department of Energy

18 Laboratory Directed Research and Development Program,

19 or under any Department of Energy technology transfer

20 program or cooperative research and development agree21 ment, unless such activities support the national security

22 mission of the Department of Energy.

23 (b) ANNUAL REPORT.—(1) The Secretary of Energy

24 shall annually submit to the congressional defense commit25 tees a report on the funds expended during the preceding
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1 fiscal year on activities under the Department of Energy

2 Laboratory Directed Research and Development Program.

3 The purpose of the report is to permit an assessment of

4 the extent to which such activities support the national

5 security mission of the Department of Energy.

6 (2) Each report shall be prepared by the officials re7 sponsible for Federal oversight of the funds expended on

8 activities under the program.

9 (3) Each report shall set forth the criteria utilized

10 by the officials preparing the report in determining wheth11 er or not the activities reviewed by such officials support

12 the national security mission of the Department.

13 SEC. 3135. ACCELERATED SCHEDULE FOR ISOLATING

14 HIGH-LEVEL NUCLEAR WASTE AT THE DE15 FENSE WASTE PROCESSING FACILITY, SA16 VANNAH RIVER SITE.

17 The Secretary of Energy shall accelerate the schedule

18 for the isolation of high-level nuclear waste in glass can19 isters at the Defense Waste Processing Facility at the Sa20 vannah River Site if the Secretary determines that the ac21 celeration of such schedule—

22 (1) will achieve long-term cost savings to the

23 Federal Government; and
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1 (2) could accelerate the removal and isolation of

2 high-level nuclear waste from long-term storage

3 tanks at the site.

4 SEC. 3136. PROCESSING OF HIGH-LEVEL NUCLEAR WASTE

5 AND SPENT NUCLEAR FUEL RODS.

6 (a) IN GENERAL.—In order to provide for an effec7 tive response to requirements for managing spent nuclear

8 fuel that is sent to Department of Energy consolidation

9 sites pursuant to the Department of Energy Pro10 grammatic Spent Nuclear Fuel Management and Idaho

11 National Engineering Laboratory Environmental Restora12 tion and Waste Management Programs Final Environ13 mental Impact Statement, dated April 1995, there shall

14 be available to the Secretary of Energy, from amounts au15 thorized to be appropriated pursuant to section 3102(b),

16 the following amounts for the purposes stated:

17 (1) Not more than $65,700,000 for the develop18 ment and implementation of a program for the proc19 essing, reprocessing, separation, reduction, isolation,

20 and interim storage of high-level nuclear waste asso21 ciated with Department of Energy aluminum clad

22 spent fuel rods and foreign spent fuel rods in the H23 canyon facility and F-canyon facility.

24 (2) Not more than $80,000,000 for the develop25 ment and implementation of a program for the
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1 treatment, preparation, and conditioning of high2 level nuclear waste associated with Department of

3 Energy non-aluminum clad spent nuclear fuel rods

4 (including naval spent nuclear fuel) for interim stor5 age and final disposition.

6 (b) UPDATE OF IMPLEMENTATION PLAN.—Not later

7 than April 30, 1997, the Secretary shall submit to Con8 gress a plan which updates the five-year plan required by

9 section 3142(b) of the National Defense Authorization Act

10 for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

11 622). The updated plan shall include—

12 (1) the matters required by paragraphs (1)

13 through (4) of such section, current as of the date

14 of the updated plan; and

15 (2) the assessment of the Secretary of the

16 progress made in implementing the program covered

17 by the plans.

18 SEC. 3137. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF

19 SKILLS CRITICAL TO DEPARTMENT OF EN20 ERGY NUCLEAR WEAPONS COMPLEX.

21 (a) FUNDING.—Subject to subsection (b), of the

22 funds authorized to be appropriated pursuant to section

23 3101(b), $5,000,000 may be used for conducting the fel24 lowship program for the development of skills critical to

25 the ongoing mission of the Department of Energy nuclear
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1 weapons complex required by section 3140 of the National

2 Defense Authorization Act for Fiscal Year 1996 (Public

3 Law 104–106; 110 Stat. 621; 42 U.S.C. 2121 note).

4 (b) NOTICE AND WAIT.—The Secretary of Energy

5 may not obligate or expend funds under subsection (a) for

6 the fellowship program referred to in that subsection

7 until—

8 (1) the Secretary submits to Congress a report

9 setting forth—

10 (A) the steps the Department has taken to

11 implement the fellowship program;

12 (B) the amount the Secretary proposes to

13 obligate; and

14 (C) the purposes for which such amount

15 will be obligated; and

16 (2) a period of 21 days elapses from the date

17 of the receipt of the report by Congress.

18 SEC. 3138. PAYMENT OF COSTS OF OPERATION AND MAIN19 TENANCE OF INFRASTRUCTURE AT NEVADA

20 TEST SITE.

21 Notwithstanding any other provision of law and effec22 tive as of September 30, 1996, the costs associated with

23 operating and maintaining the infrastructure at the Ne24 vada Test Site, Nevada, with respect to any activities initi25 ated at the site after that date by the Department of De-
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1 fense pursuant to a work for others agreement may be

2 paid for from funds authorized to be appropriated to the

3 Department of Energy for activities at the Nevada Test

4 Site.

5 Subtitle D—Other Matters

6 SEC. 3151. REQUIREMENT FOR ANNUAL FIVE-YEAR BUDGET

7 FOR THE NATIONAL SECURITY PROGRAMS

8 OF THE DEPARTMENT OF ENERGY.

9 (a) REQUIREMENT.—The Secretary of Energy shall

10 prepare each year a budget for the national security pro11 grams of the Department of Energy for the five-year pe12 riod beginning in the year the budget is prepared. Each

13 budget shall contain the estimated expenditures and pro14 posed appropriations necessary to support the programs,

15 projects, and activities of the national security programs

16 during the five-year period covered by the budget and shall

17 be at a level of detail comparable to that contained in the

18 budget submitted by the President to Congress under sec19 tion 1105 of title 31, United States Code.

20 (b) SUBMITTAL.—The Secretary shall submit each

21 year to the congressional defense committees the budget

22 required under subsection (a) in that year at the same

23 time as the President submits to Congress the budget for

24 the coming fiscal year pursuant to such section 1105.
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1 SEC. 3152. REQUIREMENTS FOR DEPARTMENT OF ENERGY

2 WEAPONS ACTIVITIES BUDGETS FOR FISCAL

3 YEARS AFTER FISCAL YEAR 1997.

4 (a) IN GENERAL.—The weapons activities budget of

5 the Department of Energy for any fiscal year after fiscal

6 year 1997 shall—

7 (1) set forth with respect to each of the activi8 ties under the budget (including stockpile steward9 ship, stockpile management, and program direction)

10 the funding requested to carry out each project or

11 activity that is necessary to meet the requirements

12 of the Nuclear Weapons Stockpile Memorandum;

13 and

14 (2) identify specific infrastructure requirements

15 arising from the Nuclear Posture Review, the Nu16 clear Weapons Stockpile Memorandum, and the pro17 grammatic and technical requirements associated

18 with the review and memorandum.

19 (b) REQUIRED DETAIL.—The Secretary of Energy

20 shall include in the materials that the Secretary submits

21 to Congress in support of the budget for any fiscal year

22 after fiscal year 1997 that is submitted by the President

23 pursuant to section 1105 of title 31, United States Code,

24 the following:
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1 (1) A long-term program plan, and a near-term

2 program plan, for the certification and stewardship

3 of the nuclear weapons stockpile.

4 (2) An assessment of the effects of the plans re5 ferred to in paragraph (1) on each nuclear weapons

6 laboratory and each nuclear weapons production

7 plant.

8 (c) DEFINITIONS.—In this section:

9 (1) The term ‘‘Nuclear Posture Review’’ means

10 the Department of Defense Nuclear Posture Review

11 as contained in the report of the Secretary of De12 fense to the President and the Congress dated Feb13 ruary 19, 1995, or in subsequent such reports.

14 (2) The term ‘‘nuclear weapons laboratory’’

15 means the following:

16 (A) Lawrence Livermore National Labora17 tory, California.

18 (B) Los Alamos National Laboratory, New

19 Mexico.

20 (C) Sandia National Laboratories.

21 (3) The term ‘‘nuclear weapons production

22 plant’’ means the following:

23 (A) The Pantex Plant.

24 (B) The Savannah River Site.

25 (C) The Kansas City Plant, Missouri.
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1 (D) The Y–12 Plant, Oak Ridge, Ten2 nessee.

3 SEC. 3153. REPEAL OF REQUIREMENT RELATING TO AC4 COUNTING PROCEDURES FOR DEPARTMENT

5 OF ENERGY FUNDS.

6 Section 3151 of the National Defense Authorization

7 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

8 3089) is repealed.

9 SEC. 3154. PLANS FOR ACTIVITIES TO PROCESS NUCLEAR

10 MATERIALS AND CLEAN UP NUCLEAR WASTE

11 AT THE SAVANNAH RIVER SITE.

12 (a) NEAR-TERM PLAN FOR PROCESSING SPENT

13 FUEL RODS.—(1) Not later than March 15, 1997, the

14 Secretary of Energy shall submit to Congress a plan for

15 a near-term program to process the spent nuclear fuel

16 rods described in paragraph (2) in the H-canyon facility

17 and the F-canyon facility at the Savannah River Site. The

18 plan shall include cost projections and resource require19 ments for the program and identify program milestones

20 for the program.

21 (2) The spent nuclear fuel rods to be processed under

22 the program referred to in paragraph (1) are the follow23 ing:

24 (A) Spent nuclear fuel rods produced at the Sa25 vannah River Site.
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1 (B) Spent nuclear fuel rods being sent to the

2 site from other Department of Energy facilities for

3 processing, interim storage, and other treatment.

4 (C) Foreign nuclear spent fuel rods being sent

5 to the site for processing, interim storage, and other

6 treatment.

7 (b) MULTI-YEAR PLAN FOR CLEAN-UP AT SITE.—

8 The Secretary shall develop and implement a multi-year

9 plan for the clean-up of nuclear waste at the Savannah

10 River Site that results, or has resulted, from the following:

11 (1) Nuclear weapons activities carried out at

12 the site.

13 (2) The processing of Department of Energy

14 domestic and foreign spent nuclear fuel rods at the

15 site.

16 (c) REQUIREMENT FOR CONTINUING OPERATIONS.—

17 The Secretary shall continue operations and maintain a

18 high state of readiness at the H-canyon facility and the

19 F-canyon facility at the Savannah River Site, and shall

20 provide technical staff necessary to operate and so main21 tain such facilities, pending the development and imple22 mentation of the plan referred to in subsection (b).
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1 SEC. 3155. UPDATE OF REPORT ON NUCLEAR TEST READI2 NESS POSTURES.

3 Not later than February 15, 1997, the Secretary of

4 Energy shall submit to Congress a report which updates

5 the report submitted by the Secretary under section 3152

6 of the National Defense Authorization Act for Fiscal Year

7 1996 (Public Law 104–106; 110 Stat. 623). The updated

8 report shall include the matters specified under such sec9 tion, current as of the date of the updated report.

10 SEC. 3156. REPORTS ON CRITICAL DIFFICULTIES AT NU11 CLEAR WEAPONS LABORATORIES AND NU12 CLEAR WEAPONS PRODUCTION PLANTS.

13 (a) REPORTS BY HEADS OF LABORATORIES AND

14 PLANTS.—In the event of a difficulty at a nuclear weap15 ons laboratory or a nuclear weapons production plant that

16 has a significant bearing on confidence in the safety or

17 reliability of a nuclear weapon or nuclear weapon type, the

18 head of the laboratory or plant, as the case may be, shall

19 submit to the Assistant Secretary of Energy for Defense

20 Programs a report on the difficulty. The head of the lab21 oratory or plant shall submit the report as soon as prac22 ticable after discovery of the difficulty.

23 (b) TRANSMITTAL BY ASSISTANT SECRETARY.—As

24 soon as practicable after receipt of a report under sub25 section (a), the Assistant Secretary shall transmit the re26 port (together with the comments of the Assistant Sec-
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1 retary) to the congressional defense committees and to the

2 Secretary of Energy and the Secretary of Defense.

3 (c) REPORTS BY NUCLEAR WEAPONS COUNCIL.—

4 Section 179 of title 10, United States Code, is amended—

5 (1) by redesignating subsection (e) as sub6 section (f); and

7 (2) by inserting after subsection (d) the follow8 ing new subsection (e):

9 ‘‘(e) In addition to the responsibilities set forth in

10 subsection (d), the Council shall also submit to Congress

11 a report on any analysis conducted by the Council with

12 respect to difficulties at nuclear weapons laboratories or

13 nuclear weapons production plants that have significant

14 bearing on confidence in the safety or reliability of nuclear

15 weapons or nuclear weapon types.’’.

16 (d) DEFINITIONS.—In this section:

17 (1) The term ‘‘nuclear weapons laboratory’’

18 means the following:

19 (A) Lawrence Livermore National Labora20 tory, California.

21 (B) Los Alamos National Laboratory, New

22 Mexico.

23 (C) Sandia National Laboratories.

24 (2) The term ‘‘nuclear weapons production

25 plant’’ means the following:
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1 (A) The Pantex Plant.

2 (B) The Savannah River Site.

3 (C) The Kansas City Plant, Missouri.

4 (D) The Y–12 Plant, Oak Ridge, Ten5 nessee.

6 SEC. 3157. EXTENSION OF APPLICABILITY OF NOTICE-AND7 WAIT REQUIREMENT REGARDING PROPOSED

8 COOPERATION AGREEMENTS.

9 Section 3155(b) of the National Defense Authoriza10 tion Act for Fiscal Year 1995 (42 U.S.C. 2153 note) is

11 amended by striking out ‘‘October 1, 1996’’ and inserting

12 in lieu thereof ‘‘December 31, 1997’’.

13 SEC. 3158. SENSE OF CONGRESS RELATING TO REDESIGNA14 TION OF DEFENSE ENVIRONMENTAL RES15 TORATION AND WASTE MANAGEMENT PRO16 GRAM.

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that the program of the Department of Energy

19 known as the Defense Environmental Restoration and

20 Waste Management Program, and also known as the En21 vironmental Management Program, be redesignated as the

22 Defense Nuclear Waste Management Program of the De23 partment of Energy.

24 (b) REPORT ON REDESIGNATION.—Not later than

25 January 31, 1997, the Secretary of Energy shall submit
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1 to the congressional defense committees a report on the

2 costs and other difficulties, if any, associated with the fol3 lowing:

4 (1) The redesignation of the program of known

5 as the Defense Environmental Restoration and

6 Waste Management Program, and also known as the

7 Environmental Management Program, as the De8 fense Nuclear Waste Management Program of the

9 Department of Energy.

10 (2) The redesignation of the Defense Environ11 mental Restoration and Waste Management Account

12 as the Defense Nuclear Waste Management Ac13 count.

14 SEC. 3159. COMMISSION ON MAINTAINING UNITED STATES

15 NUCLEAR WEAPONS EXPERTISE.

16 (a) ESTABLISHMENT.—There is hereby established a

17 commission to be known as the ‘‘Commission on Maintain18 ing United States Nuclear Weapons Expertise’’ (in this

19 section referred to as the ‘‘Commission’’).

20 (b) ORGANIZATIONAL MATTERS.—(1)(A) The Com21 mission shall be composed of nine members appointed

22 from among individuals in the public and private sectors

23 who have significant experience in matters relating to nu24 clear weapons as follows:
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1 (i) Two shall be appointed by the Majority

2 Leader of the Senate (in consultation with the Mi3 nority Leader of the Senate).

4 (ii) One shall be appointed by the Minority

5 Leader of the Senate (in consultation with the Ma6 jority Leader of the Senate).

7 (iii) Two shall be appointed by the Speaker of

8 the House of Representatives (in consultation with

9 the Minority Leader of the House of Representa10 tives).

11 (iv) One shall be appointed by the Minority

12 Leader of the House of Representatives (in consulta13 tion with the Speaker of the House of Representa14 tives).

15 (v) Three shall be appointed by the Secretary of

16 Energy.

17 (B) Members shall be appointed for the life of the

18 Commission. Any vacancy in the Commission shall not af19 fect its powers, but shall be filled in the same manner as

20 the original appointment.

21 (C) The chairman of the Commission shall be des22 ignated from among the members of the Commission ap23 pointed under subparagraph (A) by the Majority Leader

24 of the Senate, in consultation with the Minority Leader

25 of the Senate.
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1 (2) The members of the Commission shall establish

2 procedures for the activities of the Commission, including

3 procedures for calling meetings, requirements for

4 quorums, and the manner of taking votes.

5 (c) DUTIES.—(1) The Commission shall develop a

6 plan for recruiting and retaining within the Department

7 of Energy nuclear weapons complex such scientific, engi8 neering, and technical personnel as the Commission deter9 mines appropriate in order to permit the Department to

10 maintain over the long term a safe and reliable nuclear

11 weapons stockpile without engaging in underground test12 ing.

13 (2) In developing the plan, the Commission shall—

14 (A) identify actions that the Secretary may un15 dertake to attract qualified scientific, engineering,

16 and technical personnel to the nuclear weapons com17 plex of the Department; and

18 (B) review and recommend improvements to the

19 on-going efforts of the Department to attract such

20 personnel to the nuclear weapons complex.

21 (d) REPORT.—Not later than March 15, 1998, the

22 Commission shall submit to the Secretary and to Congress

23 a report containing the plan developed under subsection

24 (c). The report may include recommendations for legisla25 tion and administrative action.
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1 (e) COMMISSION PERSONNEL MATTERS.—(1) Each

2 member of the Commission who is not an officer or em3 ployee of the Federal Government shall be compensated

4 at a rate equal to the daily equivalent of the annual rate

5 of basic pay prescribed for level IV of the Executive Sched6 ule under section 5315 of title 5, United States Code, for

7 each day (including travel time) during which such mem8 ber is engaged in the performance of the duties of the

9 Commission. All members of the Commission who are offi10 cers or employees of the United States shall serve without

11 compensation in addition to that received for their services

12 as officers or employees of the United States.

13 (2) The members of the Commission shall be allowed

14 travel expenses, including per diem in lieu of subsistence,

15 at rates authorized for employees of agencies under sub16 chapter I of chapter 57 of title 5, United States Code,

17 while away from their homes or regular places of business

18 in the performance of services for the Commission.

19 (3) The Commission may, without regard to the civil

20 service laws and regulations, appoint and terminate such

21 personnel as may be necessary to enable the Commission

22 to perform its duties. The Commission may fix the com23 pensation of the personnel of the Commission without re24 gard to the provisions of chapter 51 and subchapter III
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1 of chapter 53 of title 5, United States Code, relating to

2 classification of positions and General Schedule pay rates.

3 (4) Any Federal Government employee may be de4 tailed to the Commission without reimbursement, and

5 such detail shall be without interruption or loss of civil

6 service status or privilege.

7 (f) TERMINATION.—The Commission shall terminate

8 30 days after the date on which the Commission submits

9 its report under subsection (d).

10 (g) APPLICABILITY OF FACA.—The provisions of the

11 Federal Advisory Committee Act (5 U.S.C. App.) shall not

12 apply to the activities of the Commission.

13 (h) FUNDING.—Of the amounts authorized to be ap14 propriated pursuant to section 3101, not more than

15 $1,000,000 shall be available for the activities of the Com16 mission under this section. Funds made available to the

17 Commission under this section shall remain available until

18 expended.

19 SEC. 3160. SENSE OF SENATE REGARDING RELIABILITY

20 AND SAFETY OF REMAINING NUCLEAR

21 FORCES.

22 (a) FINDINGS.—The Senate makes the following

23 findings:

24 (1) The United States is committed to proceed25 ing with a robust science-based stockpile stewardship
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1 program with respect to production of nuclear weap2 ons, and to maintaining nuclear weapons production

3 capabilities and capacities, that are adequate—

4 (A) to ensure the safety, reliability, and

5 performance of the United States nuclear arse6 nal; and

7 (B) to meet such changing national secu8 rity requirements as may result from inter9 national developments or technical problems

10 with nuclear warheads.

11 (2) The United States is committed to reestab12 lishing and maintaining production of nuclear weap13 ons at levels that are sufficient—

14 (A) to satisfy requirements for the safety,

15 reliability, and performance of United States

16 nuclear weapons; and

17 (B) to demonstrate and sustain production

18 capabilities and capacities.

19 (3) The United States is committed to main20 taining the nuclear weapons laboratories and pro21 tecting core nuclear weapons competencies.

22 (4) The United States is committed to ensuring

23 the rapid access to a new production source of trit24 ium within the next decade, as it currently has no

25 meaningful capability to produce tritium, a compo-
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1 nent that is essential to the performance of modern

2 nuclear weapons.

3 (5) The United States reserves the right, con4 sistent with United States law, to resume under5 ground nuclear testing to maintain confidence in the

6 United States’ stockpile of nuclear weapons if war7 head design flaws or aging of nuclear weapons result

8 in problems that a robust stockpile stewardship pro9 gram cannot solve.

10 (6) The United States is committed to funding

11 the Nevada Test Site at a level that maintains the

12 ability of the United States to resume underground

13 nuclear testing within one year after a national deci14 sion to do so is made.

15 (7) The United States reserves the right to in16 voke the supreme national interest of the United

17 States and withdraw from any future arms control

18 agreement to limit underground nuclear testing.

19 (b) SENSE OF THE SENATE REGARDING PRESI20 DENTIAL CONSULTATION WITH CONGRESS.—It is the

21 sense of the Senate that the President should consult

22 closely with Congress regarding United States policy and

23 practices to ensure confidence in the safety and reliability

24 of the nuclear stockpile of the United States.
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1 (c) SENSE OF THE SENATE REGARDING NOTIFICA2 TION AND CONSULTATION.—It is the sense of the Senate

3 that, upon a determination by the President that a prob4 lem with the safety or reliability of the nuclear stockpile

5 has occurred and that the problem cannot be corrected

6 within the stockpile stewardship program, the President

7 shall—

8 (1) immediately notify Congress of the problem;

9 and

10 (2) submit to Congress in a timely manner a

11 plan for corrective action with respect to the prob12 lem, including—

13 (A) a technical description of the activities

14 required under the plan; and

15 (B) if underground testing of nuclear

16 weapons would assist in such corrective action,

17 an assessment of advisability of withdrawing

18 from any treaty that prohibits underground

19 testing of nuclear weapons.

20 SEC. 3161. REPORT ON DEPARTMENT OF ENERGY LIABIL21 ITY AT DEPARTMENT SUPERFUND SITES.

22 (a) STUDY.—The Secretary of Energy shall, using

23 funds authorized to be appropriated to the Department

24 of Energy by section 3102, carry out a study of the liabil25 ity of the Department for damages for injury to, destruc-
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1 tion of, or loss of natural resources under section

2 107(a)(4)(C) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 (42

4 U.S.C. 9607(a)(4)(C)) at each site controlled or operated

5 by the Department that is or is anticipated to become sub6 ject to the provisions of that Act.

7 (b) CONDUCT OF STUDY.—(1) The Secretary shall

8 carry out the study using personnel of the Department

9 or by contract with an appropriate private entity.

10 (2) In determining the extent of Department liability

11 for purposes of the study, the Secretary shall treat the

12 Department as a private person liable for damages under

13 section 107(f) of that Act (42 U.S.C. 9607(f)) and subject

14 to suit by public trustees of natural resources under such

15 section 107(f) for such damages.

16 (c) REPORT.—Not later than 90 days after the date

17 of the enactment of this Act, the Secretary shall submit

18 a report on the study carried out under subsection (a) to

19 the following committees:

20 (1) The Committees on Environment and Pub21 lic Works and Armed Services and Energy and Nat22 ural Resources of the Senate.

23 (2) The Committees on Commerce and National

24 Security and Resources of the House of Representa25 tives.
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1 SEC. 3162. FISCAL YEAR 1998 FUNDING FOR GREENVILLE

2 ROAD IMPROVEMENT PROJECT, LIVERMORE,

3 CALIFORNIA.

4 (a) FUNDING.—The Secretary of Energy shall in5 clude in budget for fiscal year 1998 submitted by the Sec6 retary of Energy to the Office of Management and Budg7 et, a request for sufficient funds to pay the United States

8 portion of the cost of transportation improvements under

9 the Greenville Road Improvement Project, Livermore,

10 California.

11 (b) COOPERATION WITH LIVERMORE, CALIFORNIA.—

12 The Secretary shall work with the City of Livermore, Cali13 fornia, to determine the cost of the transportation im14 provements referred to in subsection (a).

15 SEC. 3163. OPPORTUNITY FOR REVIEW AND COMMENT BY

16 STATE OF OREGON REGARDING CERTAIN RE17 MEDIAL ACTIONS AT HANFORD RESERVA18 TION, WASHINGTON.

19 (a) OPPORTUNITY.—(1) Subject to subsection (b),

20 the Site Manager at the Hanford Reservation, Washing21 ton, shall, in consultation with the signatories to the Tri22 Party Agreement, provide the State of Oregon an oppor23 tunity to review and comment upon any information the

24 Site Manager provides the State of Washington under the

25 Hanford Tri-Party Agreement if the agreement provides
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1 for the review of and comment upon such information by

2 the State of Washington.

3 (2) In order to facilitate the review and comment of

4 the State of Oregon under paragraph (1), the Site Man5 ager shall provide information referred to in that para6 graph to the State of Oregon at the same time, or as soon

7 thereafter as is practicable, that the Site Manager pro8 vides such information to the State of Washington

9 (b) CONSTRUCTION.—This section may not be con10 strued—

11 (1) to require the Site Manager to provide the

12 State of Oregon sensitive information on enforce13 ment under the Tri-Party Agreement or information

14 on the negotiation, dispute resolution, or State cost

15 recovery provisions of the agreement;

16 (2) to require the Site Manager to provide con17 fidential information on the budget or procurement

18 at Hanford under terms other than those provided

19 in the Tri-Party Agreement for the transmission of

20 such confidential information to the State of Wash21 ington;

22 (3) to authorize the State of Oregon to partici23 pate in enforcement actions, dispute resolution, or

24 negotiation actions conducted under the provisions

25 of the Tri-Party Agreement;
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1 (4) to authorize any delay in the implementa2 tion of remedial, environmental management, or

3 other programmatic activities at Hanford; or

4 (5) to require the Department of Energy to

5 provide funds to the State of Oregon.

6 SEC. 3164. SENSE OF SENATE ON HANFORD MEMORANDUM

7 OF UNDERSTANDING.

8 It is the sense of the Senate that—

9 (1) the State of Oregon has the authority to

10 enter into a memorandum of understanding with the

11 State of Washington, or a memorandum of under12 standing with the State of Washington and the Site

13 Manager of the Hanford Reservation, Washington,

14 in order to address issues of mutual concern to such

15 States regarding the Hanford Reservation; and

16 (2) such agreements are not expected to create

17 any additional obligation of the Department of En18 ergy to provide funds to the State of Oregon.

19 SEC. 3165. FOREIGN ENVIRONMENTAL TECHNOLOGY.

20 Section 2536(b) of title 10, United States Code, is

21 amended to read as follows:

22 (b) WAIVER AUTHORITY.—(1) The Secretary con23 cerned may waive the application of subsection (a) to a

24 contract award if—
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1 (A) the Secretary concerned determines that

2 the waiver is essential to the national security inter3 ests of the United States; or

4 (B) in the case of a Department of Energy con5 tract awarded for environmental restoration, remedi6 ation, or waste management at a Department of En7 ergy facility—

8 (i) the Secretary determines that the waiv9 er will advance the environmental restoration,

10 remediation, or waste management objectives of

11 the Department of Energy and will not harm

12 the national security interests of the United

13 States; and

14 (ii) the entity to which the contract is

15 awarded is controlled by a foreign government

16 with which the Secretary is authorized to ex17 change Restricted Data under section 144(c) of

18 the Atomic Energy Act of 1954 (42 U.S.C.

19 2164(c)).

20 (2) The Secretary of Energy shall notify the appro21 priate committees of Congress of any decision to grant a

22 waiver under paragraph (1)(B). The contract may be exe23 cuted only after the end of the 45-day period beginning

24 on the date the notification is received by the committees.
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1 SEC. 3166. STUDY ON WORKER PROTECTION AT THE

2 MOUND FACILITY.

3 (a) Not later than March 15, 1997, the Secretary of

4 Energy shall report to the defense committees of the Con5 gress regarding the status of projects and programs to im6 prove worker safety and health at the Mound Facility in

7 Miamisburg, Ohio.

8 (b) The report shall include the following:

9 (1) the status of actions completed in fiscal

10 year 1996;

11 (2) the status of actions completed or proposed

12 to be completed in fiscal years 1997 and 1998;

13 (3) a description of the fiscal year 1998 budget

14 request for Mound worker safety and health protec15 tion; and

16 (4) an accounting of expenditures for worker

17 safety and health at Mound by year from fiscal year

18 1994 through and including fiscal year 1996.

19 Subtitle E—Environmental Res20 toration at Defense Nuclear Fa21 cilities

22 SEC. 3171. SHORT TITLE.

23 This subtitle may be cited as the ‘‘Defense Nuclear

24 Facility Environmental Restoration Pilot Program Act of

25 1996’’.
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1 SEC. 3172. APPLICABILITY.

2 (a) IN GENERAL.—The provisions of this subtitle

3 shall apply to the following defense nuclear facilities:

4 (1) Hanford.

5 (2) Any other defense nuclear facility if—

6 (A) the chief executive officer of the State

7 in which the facility is located submits to the

8 Secretary a request that the facility be covered

9 by the provisions of this subtitle; and

10 (B) the Secretary approves the request.

11 (b) LIMITATION.—The Secretary may not approve a

12 request under subsection (a)(2) until 60 days after the

13 date on which the Secretary notifies the congressional de14 fense committees of the Secretary’s receipt of the request.

15 SEC. 3173. DESIGNATION OF COVERED FACILITIES AS ENVI16 RONMENTAL CLEANUP DEMONSTRATION

17 AREAS.

18 (a) DESIGNATION.—Each defense nuclear facility

19 covered by this subtitle under section 3172(a) is hereby

20 designated as an environmental cleanup demonstration

21 area. The purpose of the designation is to establish each

22 such facility as a demonstration area at which to utilize

23 and evaluate new technologies to be used in environmental

24 restoration and remediation at other defense nuclear fa25 cilities.
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that Federal and State regulatory agencies, mem3 bers of the surrounding communities, and other affected

4 parties with respect to each defense nuclear facility cov5 ered by this subtitle should continue to—

6 (1) develop expedited and streamlined processes

7 and systems for cleaning up such facility;

8 (2) eliminate unnecessary administrative com9 plexity and unnecessary duplication of regulation

10 with respect to the clean up of such facility;

11 (3) proceed expeditiously and cost-effectively

12 with environmental restoration and remediation ac13 tivities at such facility;

14 (4) consider future land use in selecting envi15 ronmental clean up remedies at such facility; and

16 (5) identify and recommend to Congress

17 changes in law needed to expedite the clean up of

18 such facility.

19 SEC. 3174. SITE MANAGERS.

20 (a) APPOINTMENT.—(1)(A) The Secretary shall ap21 point a site manager for Hanford not later than 90 days

22 after the date of the enactment of this Act.

23 (B) The Secretary shall develop a list of the criteria

24 to be used in appointing a site manager for Hanford. The
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1 Secretary may consult with affected and knowledgeable

2 parties in developing the list.

3 (2) The Secretary shall appoint the site manager for

4 any other defense nuclear facility covered by this subtitle

5 not later than 90 days after the date of the approval of

6 the request with respect to the facility under section

7 3172(a)(2).

8 (3) An individual appointed as a site manager under

9 this subsection shall, if not an employee of the Depart10 ment at the time of the appointment, be an employee of

11 the Department while serving as a site manager under this

12 subtitle.

13 (b) DUTIES.—(1) Subject to paragraphs (2) and (3),

14 in addition to other authorities provided for in this sub15 title, the site manager for a defense nuclear facility shall

16 have full authority to oversee and direct operations at the

17 facility, including the authority to—

18 (A) enter into and modify contractual agree19 ments to enhance environmental restoration and

20 waste management at the facility;

21 (B) request that the Department headquarters

22 submit to Congress a reprogramming package shift23 ing among accounts funds available for the facility

24 in order to facilitate the most efficient and timely

25 environmental restoration and waste management at
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1 the facility, and, in the event that the Department

2 headquarters does not act upon the request within

3 30 days of the date of the request, submit such re4 quest to the appropriate committees of Congress for

5 review;

6 (C) negotiate amendments to environmental

7 agreements applicable to the facility for the Depart8 ment; and

9 (D) manage environmental management and

10 programmatic personnel of the Department at the

11 facility.

12 (2) A site manager shall negotiate amendments under

13 paragraph (1)(C) with the concurrence of the Secretary.

14 (3) A site manager may not undertake or provide for

15 any action under paragraph (1) that would result in an

16 expenditure of funds for environmental restoration or

17 waste management at the defense nuclear facility con18 cerned in excess of the amount authorized to be expended

19 for environmental restoration or waste management at the

20 facility without the approval of such action by the Sec21 retary.

22 (c) INFORMATION ON PROGRESS.—The Secretary

23 shall regularly inform Congress of the progress made by

24 site managers under this subtitle in achieving expedited
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1 environmental restoration and waste management at the

2 defense nuclear facilities covered by this subtitle.

3 SEC. 3175. DEPARTMENT OF ENERGY ORDERS.

4 Effective 60 days after the appointment of a site

5 manager for a defense nuclear facility under section

6 3174(a), an order relating to the execution of environ7 mental restoration, waste management, technology devel8 opment, or other site operation activities at the facility

9 may be imposed at the facility if the Secretary makes a

10 finding that the order—

11 (1) is essential to the protection of human

12 health or the environment or to the conduct of criti13 cal administrative functions; and

14 (2) will not interfere with bringing the facility

15 into compliance with environmental laws, including

16 the terms of any environmental agreement.

17 SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY FOR REME18 DIATION OF DEFENSE NUCLEAR WASTE.

19 (a) IN GENERAL.—The site manager for a defense

20 nuclear facility under this subtitle shall promote the dem21 onstration, verification, certification, and implementation

22 of innovative environmental technologies for the remedi23 ation of defense nuclear waste at the facility.

24 (b) DEMONSTRATION PROGRAM.—To carry out sub25 section (a), each site manager shall establish a program
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1 at the defense nuclear facility concerned for testing envi2 ronmental technologies for the remediation of defense nu3 clear waste at the facility. In establishing such a program,

4 the site manager may—

5 (1) establish a simplified, standardized, and

6 timely process for the testing and verification of en7 vironmental technologies;

8 (2) solicit and accept applications to test envi9 ronmental technology suitable for environmental res10 toration and waste management activities at the fa11 cility, including prevention, control, characterization,

12 treatment, and remediation of contamination;

13 (3) consult and cooperate with the heads of ex14 isting programs at the facility for the certification

15 and verification of environmental technologies at the

16 facility; and

17 (4) pay the costs of the demonstration of such

18 technologies.

19 (c) FOLLOW-ON CONTRACTS.—(1) If the Secretary

20 and a person demonstrating a technology under the pro21 gram enter into a contract for remediation of nuclear

22 waste at a defense nuclear facility covered by this subtitle,

23 or at any other Department facility, as a follow-on to the

24 demonstration of the technology, the Secretary shall en25 sure that the contract provides for the Secretary to recoup
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1 from the contractor the costs incurred by the Secretary

2 pursuant to subsection (b)(4) for the demonstration.

3 (2) No contract between the Department and a con4 tractor for the demonstration of technology under sub5 section (b) may provide for reimbursement of the costs

6 of the contractor on a cost plus fee basis.

7 (d) SAFE HARBORS.—In the case of an environ8 mental technology demonstrated, verified, certified, and

9 implemented at a defense nuclear facility under a program

10 established under subsection (b), the site manager of an11 other defense nuclear facility may request the Secretary

12 to waive or limit contractual or Department regulatory re13 quirements that would otherwise apply in implementing

14 the same environmental technology at such other facility.

15 SEC. 3177. REPORTS TO CONGRESS.

16 Not later than 120 days after the date of the appoint17 ment of a site manager under section 3174(a), the site

18 manager shall submit to Congress and the Secretary a re19 port describing the expectations of the site manager with

20 respect to environmental restoration and waste manage21 ment at the defense nuclear facility concerned by reason

22 of the exercise of the authorities provided in this subtitle.

23 The report shall describe the manner in which the exercise

24 of such authorities is expected to improve environmental

25 restoration and waste management at the facility and
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1 identify saving that are expected to accrue to the Depart2 ment as a result of the exercise of such authorities.

3 SEC. 3178. TERMINATION.

4 The authorities provided for in this subtitle shall ex5 pire five years after the date of the enactment of this Act.

6 SEC. 3179. DEFINITIONS.

7 In this subtitle:

8 (1) The term ‘‘Department’’ means the Depart9 ment of Energy.

10 (2) The term ‘‘defense nuclear facility’’ has the

11 meaning given the term ‘‘Department of Energy de12 fense nuclear facility’’ in section 318 of the Atomic

13 Energy Act of 1954 (42 U.S.C. 2286g).

14 (3) The term ‘‘Hanford’’ means the defense nu15 clear facility located in southeastern Washington

16 State known as the Hanford Reservation, Washing17 ton.

18 (4) The term ‘‘Secretary’’ means the Secretary

19 of Energy.
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1 Subtitle F—Waste Isolation Pilot

2 Plant Land Withdrawal Act

3 Amendments.

4 SEC. 3181. SHORT TITLE AND REFERENCE.

5 (a) SHORT TITLE.—This subtitle may be cited as the

6 ‘‘Waste Isolation Pilot Plant Land Withdrawal Amend7 ment Act’’.

8 (b) REFERENCE.—Except as otherwise expressly pro9 vided, whenever in this subtitle an amendment or repeal

10 is expressed in terms of an amendment to, or repeal of,

11 a section or other provision, the reference shall be consid12 ered to be made to a section or other provision of the

13 Waste Isolation Pilot Plant Land Withdrawal Act (Public

14 Law 102–579).

15 SEC. 3182. DEFINITIONS.

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

17 SEC. 3183. TEST PHASE AND RETRIEVAL PLANS.

18 Section 5 and the item relating to such section in the

19 table of contents are repealed.

20 SEC. 3184. MANAGEMENT PLAN.

21 Section 4(b)(5)(B) is amended by striking ‘‘or with

22 the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)’’.

23 SEC. 3185. TEST PHASE ACTIVITIES.

24 Section 6 is amended—

25 (1) by repealing subsections (a) and (b),
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1 (2) by repealing paragraph (1) of subsection

2 (c),

3 (3) by redesignating subsection (c) as sub4 section (a) and in that subsection—

5 (A) by repealing subparagraph (A) of

6 paragraph (2),

7 (B) by striking the subsection heading and

8 the matter immediately following the subsection

9 heading and inserting ‘‘STUDY.—The following

10 study shall be conducted:’’,

11 (C) by striking ‘‘(2) REMOTE-HANDLED

12 WASTE.—’’,

13 (D) by striking ‘‘(B) STUDY.—’’,

14 (E) by redesignating clauses (i), (ii), and

15 (iii) as paragraphs (1), (2), and (3), respec16 tively, and

17 (F) by realigning the margins of such

18 clauses to be margins of paragraphs,

19 (4) in subsection (d), by striking ‘‘, during the

20 test phase, a biennial’’ and inserting ‘‘a’’ and by

21 striking ‘‘, consisting of a documented analysis of’’

22 and inserting ‘‘as necessary to demonstrate’’, and

23 (5) by redesignating subsection (d) as sub24 section (b).
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1 SEC. 3186. DISPOSAL OPERATIONS.

2 Section 7(b) is amended to read as follows:

3 ‘‘(b) REQUIREMENTS FOR COMMENCEMENT OF DIS4 POSAL OPERATIONS.—The Secretary may commence em5 placement of transuranic waste underground for disposal

6 at WIPP only upon completion of—

7 ‘‘(1) the Administrator’s certification under sec8 tion 8(d)(1) that the WIPP facility will comply with

9 the final disposal regulations;

10 ‘‘(2) the acquisition by the Secretary (whether

11 by purchase, condemnation, or otherwise) of Federal

12 Oil and Gas Leases No. NMNM 02953 and No.

13 NMNM 02953C, unless the Administrator deter14 mines, under section 4(b)(5), that such acquisition is

15 not required; and,

16 ‘‘(3) the expiration of the 30-day period begin17 ning on the date on which the Secretary notifies

18 Congress that the requirements of section 9(a)(1)

19 have been met.’’.

20 SEC. 3187. ENVIRONMENTAL PROTECTION AGENCY DIS21 POSAL REGULATIONS.

22 (a) SECTION 8(d)(1).—Section 8(d)(1) is amended—

23 (1) by amending subparagraph (A) to read as

24 follows:

25 ‘‘(A) APPLICATION FOR COMPLIANCE.—

26 Within 30 days after the date of the enactment
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1 of the Waste Isolation Pilot Plant Land With2 drawal Amendment Act, the Secretary shall

3 provide to Congress a schedule for the incre4 mental submission of chapters of the applica5 tion to the Administrator beginning no later

6 than 30 days after such date. The Adminis7 trator shall review the submitted chapters and

8 provide requests for additional information from

9 the Secretary as needed for completeness within

10 45 days of the receipt of each chapter. The Ad11 ministrator shall notify Congress of such re12 quests. The schedule shall call for the Secretary

13 to submit all chapters to the Administrator no

14 later than October 31, 1996. The Administrator

15 may at any time request additional information

16 from the Secretary as needed to certify, pursu17 ant to subparagraph (B), whether the WIPP fa18 cility will comply with the final disposal regula19 tions.’’; and

20 (2) in subparagraph (D), by striking ‘‘after the

21 application is’’ and inserting ‘‘after the full applica22 tion has been’’.

23 (b) SECTION 8(d) (2) and (3).—Section 8(d) is

24 amended by striking paragraphs (2) and (3), by striking

25 ‘‘(1) COMPLIANCE WITH DISPOSAL REGULATIONS.—’’, and
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1 by redesignating subparagraphs (A), (B), (C), and (D) of

2 paragraph (1) as paragraph (1), (2), (3), and (4), respec3 tively.

4 (c) SECTION 8(g).—Section 8(g) is amended to read

5 as follows:

6 ‘‘(g) ENGINEERED AND NATURAL BARRIERS, ETC.—

7 The Secretary shall use both engineered and natural bar8 riers and any other measures (including waste form modi9 fications) to the extent necessary at WIPP to comply with

10 the final disposal regulations.’’.

11 SEC. 3188. COMPLIANCE WITH ENVIRONMENTAL LAWS AND

12 REGULATIONS.

13 (a) SECTION 9(a)(1).—Section 9(a)(1) is amended by

14 adding after and below subparagraph (H) the following:

15 ‘‘With respect to transuranic mixed waste designated by

16 the Secretary for disposal at WIPP, such waste is exempt

17 from treatment standards promulgated pursuant to sec18 tion 3004(m) of the Solid Waste Disposal Act (42 U.S.C.

19 6924(m)) and shall not be subject to the land disposal pro20 hibitions in section 3004(d), (e), (f), and (g) of the Solid

21 Waste Disposal Act.’’.

22 (b) SECTION 9(b).—Subsection (b) of section 9 is re23 pealed.

24 (c) SECTION 9(c)(2).—Subsection (c)(2) of section 9

25 is repealed.
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1 (d) SECTION 14.—Section 14 is amended—

2 (1) in subsection (a), by striking ‘‘No provi3 sion’’ and inserting ‘‘Except for the exemption from

4 the land disposal restrictions described in section

5 9(a)(1), no provision’’; and

6 (2) in subsection (b)(2), by striking ‘‘including

7 all terms and conditions of the No-Migration Deter8 mination’’ and inserting ‘‘except that the trans9 uranic mixed waste designated by the Secretary for

10 disposal at WIPP is exempt from the land disposal

11 restrictions described in section 9(a)(1)’’.

12 SEC. 3189. RETRIEVABILITY.

13 (a) SECTION 10.—Section 10 is amended to read as

14 follows:

15 ‘‘SEC. 10. TRANSURANIC WASTE.

16 ‘‘It is the intent of Congress that the Secretary will

17 complete all actions required under section 7(b) to com18 mence emplacement of transuranic waste underground for

19 disposal at WIPP no later than November 30, 1997.’’.

20 (b) CONFORMING AMENDMENT.—The item relating

21 to section 10 in the table of contents is amended to read

22 as follows:

‘‘Sec. 10. Transuranic waste.’’.

23 SEC. 3190. DECOMMISSIONING OF WIPP

24 Section 13 is amended—

25 (1) by repealing subsection (a), and
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1 (2) in subsection (b), by striking ‘‘(b) MANAGE2 MENT PLAN FOR THE WITHDRAWAL AFTER DECOM3 MISSIONING.—Within 5 years after the date of the

4 enactment of this Act, the’’ and inserting ‘‘The’’.

5 SEC. 3191. ECONOMIC ASSISTANCE AND MISCELLANEOUS

6 PAYMENTS.

7 (a) Section 15(a) is amended by adding at the end

8 the following: ‘‘An appropriation to the State shall be in

9 addition to any appropriation for WIPP.’’.

10 (b) $20,000,000 is authorized to be appropriated in

11 fiscal year 1997 to the Secretary for payment to the State

12 of New Mexico for road improvements in connection with

13 the WIPP.

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY

16 BOARD

17 SEC. 3201. AUTHORIZATION.

18 There are authorized to be appropriated for fiscal

19 year 1997, $17,000,000 for the operation of the Defense

20 Nuclear Facilities Safety Board under chapter 21 of the

21 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
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1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

4 (a) OBLIGATIONS AUTHORIZED.—During fiscal year

5 1997, the National Defense Stockpile Manager may obli6 gate up to $60,000,000 of the funds in the National De7 fense Stockpile Transaction Fund established under sub8 section (a) of section 9 of the Strategic and Critical Mate9 rials Stock Piling Act (50 U.S.C. 98h) for the authorized

10 uses of such funds under subsection (b)(2) of such section.

11 (b) ADDITIONAL OBLIGATIONS.—The National De12 fense Stockpile Manager may obligate amounts in excess

13 of the amount specified in subsection (a) if the National

14 Defense Stockpile Manager notifies Congress that extraor15 dinary or emergency conditions necessitate the additional

16 obligations. The National Defense Stockpile Manager may

17 make the additional obligations described in the notifica18 tion after the end of the 45-day period beginning on the

19 date Congress receives the notification.

20 (c) LIMITATIONS.—The authorities provided by this

21 section shall be subject to such limitations as may be pro22 vided in appropriations Acts.
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1 SEC. 3302. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL

2 DEFENSE STOCKPILE.

3 (a) DISPOSAL REQUIRED.—The President shall dis4 pose of materials contained in the National Defense Stock5 pile and specified in the table in subsection (b) so as to

6 result in receipts to the United States in amounts equal

7 to—

8 (1) $338,000,000 during the five-fiscal year pe9 riod ending on September 30, 2001; and

10 (2) $649,000,000 during the seven-fiscal year

11 period ending on September 30, 2003.

12 (b) LIMITATION ON DISPOSAL QUANTITY.—The total

13 quantities of materials authorized for disposal by the

14 President under subsection (a) may not exceed the

15 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

16 (c) DEPOSIT OF RECEIPTS.—(1) Notwithstanding

17 section 9 of the Strategic and Critical Materials Stock Pil18 ing Act (50 U.S.C. 98h) and except as provided in para19 graph (2), funds received as a result of the disposal of
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1 materials under subsection (a) shall be deposited into the

2 general fund of the Treasury.

3 (2) Funds received as a result of such disposal in ex4 cess of the amount of receipts specified in subsection

5 (a)(2) shall be deposited in the National Defense Stockpile

6 Transaction Fund established by section 9(a) of that Act.

7 (d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR8 ITY.—The disposal authority provided in subsection (a) is

9 new disposal authority and is in addition to, and shall not

10 affect, any other disposal authority provided by law re11 garding the materials specified in such subsection.

12 (e) DEFINITION.—The term ‘‘National Defense

13 Stockpile’’ means the National Defense Stockpile provided

14 for in section 4 of the Strategic and Critical Materials

15 Stock Piling Act (50 U.S.C. 98c).

16 SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE OF MATE17 RIALS IN NATIONAL DEFENSE STOCKPILE.

18 (a) DISPOSAL REQUIRED.—Subject to subsection (c),

19 the President shall dispose of materials contained in the

20 National Defense Stockpile and specified in the table in

21 subsection (b) so as to result in receipts to the United

22 States in amounts equal to—

23 (1) $110,000,000 during the five-fiscal year pe24 riod ending September 30, 2001;
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1 (2) $260,000,000 during the seven-fiscal year

2 period ending September 30, 2003; and

3 (3) $440,000,000 during the nine-fiscal year

4 period ending September 30, 2005.

5 (b) LIMITATION ON DISPOSAL QUANTITY.—The total

6 quantities of materials authorized for disposal by the

7 President under subsection (a) may not exceed the

8 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

9 (c) MINIMIZATION OF DISRUPTION AND LOSS.—The

10 President may not dispose of materials under subsection

11 (a) to the extent that the disposal will result in—

12 (1) undue disruption of the usual markets of

13 producers, processors, and consumers of the mate14 rials proposed for disposal; or

15 (2) avoidable loss to the United States.
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1 (d) TREATMENT OF RECEIPTS.—(1) Notwithstand2 ing section 9 of the Strategic and Critical Materials Stock

3 Piling Act (50 U.S.C. 98h), funds received as a result of

4 the disposal of materials under subsection (a) shall be de5 posited into the general fund of the Treasury and used

6 to offset the revenues lost as a result of the amendments

7 made by subsection (a) of section 4303 of the National

8 Defense Authorization Act for Fiscal Year 1996 (Public

9 Law 104–106; 110 Stat. 658).

10 (2) This section shall be treated as qualifying offset11 ting legislation for purposes of subsection (b) of such sec12 tion 4303.

13 (e) RELATIONSHIP TO OTHER DISPOSAL AUTHOR14 ITY.—The disposal authority provided in subsection (a) is

15 new disposal authority and is in addition to, and shall not

16 affect, any other disposal authority provided by law re17 garding the materials specified in such subsection.

18 (f) DEFINITION.—The term ‘‘National Defense

19 Stockpile’’ means the National Defense Stockpile provided

20 for in section 4 of the Strategic and Critical Materials

21 Stock Piling Act (50 U.S.C. 98c).

22 (g) ADDITIONAL LIMITATION.—Of the amounts list23 ed in the table in subsection (b), titanium sponge may be

24 sold only to the extent necessary to attain the level of re25 ceipts specified in subsection (a), after taking into account
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1 the estimated receipts from the other materials in such

2 table.

3 TITLE XXXIV—NAVAL

4 PETROLEUM RESERVES

5 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

6 There is hereby authorized to be appropriated to the

7 Secretary of Energy $149,500,000 for fiscal year 1997 for

8 the purpose of carrying out activities under chapter 641

9 of title 10, United States Code, relating to the naval petro10 leum reserves (as defined in section 7420(2) of such title).

11 Funds appropriated pursuant to such authorization shall

12 remain available until expended.

13 TITLE XXXV—PANAMA CANAL

14 COMMISSION

15 SEC. 3501. SHORT TITLE.

16 This title may be cited as the ‘‘Panama Canal Com17 mission Authorization Act for Fiscal Year 1997’’.

18 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

19 (a) IN GENERAL.—Subject to subsection (b), the

20 Panama Canal Commission is authorized to make such ex21 penditures within the limits of funds and borrowing au22 thority available to it in accordance with law, and to make

23 such contracts and commitments, to be derived from the

24 Panama Canal Commission Revolving Fund, as may be

25 necessary under the Panama Canal Act of 1979 (22
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1 U.S.C. 3601 et seq.) for the operation, maintenance, im2 provement, and administration of the Panama Canal for

3 fiscal year 1997.

4 (b) LIMITATIONS.—For fiscal year 1997, the Panama

5 Canal Commission may expend from funds in the Panama

6 Canal Revolving Fund not more than $73,000 for recep7 tion and representation expenses, of which—

8 (1) not more than $18,000 may be used for of9 ficial reception and representation expenses of the

10 Supervisory Board of the Commission;

11 (2) not more than $10,000 may be used for of12 ficial reception and representation expenses of the

13 Secretary of the Commission; and

14 (3) not more than $45,000 may be used for of15 ficial reception and representation expenses of the

16 Administrator of the Commission.

17 SEC. 3503. PURCHASE OF VEHICLES.

18 Notwithstanding any provision of law relating to pur19 chase of vehicles by agencies of the Federal Government,

20 funds available to the Panama Canal Commission shall be

21 available for the purchase of, and for transportation to

22 the Republic of Panama of, passenger motor vehicles, in23 cluding large, heavy-duty vehicles.
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1 SEC. 3504. EXPENDITURES IN ACCORDANCE WITH OTHER

2 LAWS.

3 Expenditures authorized under this title may be made

4 only in accordance with the Panama Canal Treaties of

5 1977 and any law of the United States implementing

6 those treaties.

7 TITLE XXXVI—MISCELLANEOUS

8 PROVISION

9 SEC. 3601. SENSE OF THE SENATE REGARDING THE RE10 OPENING OF PENNSYLVANIA AVENUE.

11 (a) FINDINGS.—The Senate makes the following

12 findings:

13 (1) In 1791, President George Washington

14 commissioned Pierre Charles L’Enfant to draft a

15 blueprint for America’s new capital city; they envi16 sioned Pennsylvania Avenue as a bold, ceremonial

17 boulevard physically linking the U.S. Capitol build18 ing and the White House, and symbolically the Leg19 islative and Executive branches of government.

20 (2) An integral element of the District of Co21 lumbia, Pennsylvania Avenue stood for 195 years as

22 a vital, working, unbroken roadway, elevating it into

23 a place of national importance as ‘‘America’s Main

24 Street’’.

25 (3) 1600 Pennsylvania Avenue, the White

26 House, has become America’s most recognized ad-
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1 dress and a primary destination of visitors to the

2 Nation’s Capital; ‘‘the People’s House’’ is host to

3 5,000 tourists daily, and 15,000,000 annually.

4 (4) As home to the President, and given its

5 prominent location on Pennsylvania Avenue and its

6 proximity to the People, the White House has be7 come a powerful symbol of freedom, openness, and

8 an individual’s access to their government.

9 (5) On May 20, 1995, citing possible security

10 risks from vehicles transporting terrorist bombs,

11 President Clinton ordered the Secret Service, in con12 junction with the Department of the Treasury, to

13 close Pennsylvania Avenue to vehicular traffic for

14 two blocks in front of the White House.

15 (6) While the security of the President and visi16 tors to the White House is of grave concern and is

17 not to be taken lightly, the need to assure the Presi18 dent’s safety must be balanced with the expectation

19 of freedom inherent in a democracy; the present sit20 uation is tilted too heavily toward security at free21 dom’s expense.

22 (7) By impeding access and imposing undue

23 hardships upon tourists, residents of the District,

24 commuters, and local business owners and their cus25 tomers, the closure of Pennsylvania Avenue, under-
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1 taken without the counsel of the government of the

2 District of Columbia, has replaced the former open3 ness of the area surrounding the White House with

4 barricades, additional security checkpoints, and an

5 atmosphere of fear and distrust.

6 (8) In the year following the closure of Penn7 sylvania Avenue, the taxpayers have borne a signifi8 cant burden for additional security measures along

9 the Avenue near the White House.

10 (b) SENSE OF THE SENATE.—It is the sense of the

11 Senate that the President should request the Department

12 of the Treasury and the Secret Service to work with the

13 Government of the District of Columbia to develop a plan

14 for the permanent reopening to vehicular traffic of Penn15 sylvania Avenue in front of the White House in order to

16 restore the Avenue to its original state and return it to

17 the people: Provided, That the Secretary of the Treasury

18 and the Secret Service certify that the plan protects the

19 security of the people who live and work in the White

20 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

and for other purposes.defense activities of the Department of Energy,
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