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(2) submit to Congress in a timely manner a
plan for corrective action with respect to the problem,
including—
(A) a technical description of the activities
required under the plan; and
(B) if underground testing of nuclear weap-
ons would assist in such corrective action, an as-
sessment of advisability of withdrawing from
any treaty that prohibits underground testing of
nuclear weapons.
SEC. 3161. REPORT ON DEPARTMENT OF ENERGY LIABILITY
AT DEPARTMENT SUPERFUND SITES.
(a) STUDY.—The Secretary of Energy shall, using
funds authorized to be appropriated to the Department of
Energy by section 3102, carry out a study of the liability
of the Department for damages for injury to, destruction
of, or loss of natural resources under section 107(a)(4)(C)
of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C))
at each site controlled or operated by the Department that
is or is anticipated to become subject to the provisions of
that Act.
(b) CONDUCT
OF STUDY.—(1) The Secretary shall
carry out the study using personnel of the Department or
by contract with an appropriate private entity.
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(2) In determining the extent of Department liability
for purposes of the study, the Secretary shall treat the De-
partment as a private person liable for damages under sec-
tion 107(f) of that Act (42 U.S.C. 9607(f)) and subject to
suit by public trustees of natural resources under such sec-
tion 107(f) for such damages.
(c) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit a
report on the study carried out under subsection (a) to the
following committees:
(1) The Committees on Environment and Public
Works and Armed Services and Energy and Natural
Resources of the Senate.
(2) The Committees on Commerce and National
Security and Resources of the House of Representa-
tives.
SEC. 3162. FISCAL YEAR 1998 FUNDING FOR GREENVILLE
ROAD IMPROVEMENT PROJECT, LIVERMORE,
CALIFORNIA.
(a) FUNDING.—The Secretary of Energy shall include
in budget for fiscal year 1998 submitted by the Secretary
of Energy to the Office of Management and Budget, a re-
quest for sufficient funds to pay the United States portion
of the cost of transportation improvements under the Green-
ville Road Improvement Project, Livermore, California.
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(b) COOPERATION WITH LIVERMORE, CALIFORNIA.—
The Secretary shall work with the City of Livermore, Cali-
fornia, to determine the cost of the transportation improve-
ments referred to in subsection (a).
SEC. 3163. OPPORTUNITY FOR REVIEW AND COMMENT BY
STATE OF OREGON REGARDING CERTAIN RE-
MEDIAL ACTIONS AT HANFORD RESERVA-
TION, WASHINGTON.
(a) OPPORTUNITY.—(1) Subject to subsection (b), the
Site Manager at the Hanford Reservation, Washington,
shall, in consultation with the signatories to the Tri-Party
Agreement, provide the State of Oregon an opportunity to
review and comment upon any information the Site Man-
ager provides the State of Washington under the Hanford
Tri-Party Agreement if the agreement provides for the re-
view of and comment upon such information by the State
of Washington.
(2) In order to facilitate the review and comment of
the State of Oregon under paragraph (1), the Site Manager
shall provide information referred to in that paragraph to
the State of Oregon at the same time, or as soon thereafter
as is practicable, that the Site Manager provides such infor-
mation to the State of Washington
(b) CONSTRUCTION.—This section may not be con-
strued—
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(1) to require the Site Manager to provide the
State of Oregon sensitive information on enforcement
under the Tri-Party Agreement or information on the
negotiation, dispute resolution, or State cost recovery
provisions of the agreement;
(2) to require the Site Manager to provide con-
fidential information on the budget or procurement at
Hanford under terms other than those provided in the
Tri-Party Agreement for the transmission of such
confidential information to the State of Washington;
(3) to authorize the State of Oregon to partici-
pate in enforcement actions, dispute resolution, or ne-
gotiation actions conducted under the provisions of
the Tri-Party Agreement;
(4) to authorize any delay in the implementation
of remedial, environmental management, or other pro-
grammatic activities at Hanford; or
(5) to require the Department of Energy to pro-
vide funds to the State of Oregon.
SEC. 3164. SENSE OF SENATE ON HANFORD MEMORANDUM
OF UNDERSTANDING.
It is the sense of the Senate that—
(1) the State of Oregon has the authority to enter
into a memorandum of understanding with the State
of Washington, or a memorandum of understanding
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with the State of Washington and the Site Manager
of the Hanford Reservation, Washington, in order to
address issues of mutual concern to such States re-
garding the Hanford Reservation; and
(2) such agreements are not expected to create
any additional obligation of the Department of En-
ergy to provide funds to the State of Oregon.
SEC. 3165. FOREIGN ENVIRONMENTAL TECHNOLOGY.
Section 2536(b) of title 10, United States Code, is
amended to read as follows:
(b) WAIVER AUTHORITY.—(1) The Secretary concerned
may waive the application of subsection (a) to a contract
award if—
(A) the Secretary concerned determines that the
waiver is essential to the national security interests
of the United States; or
(B) in the case of a Department of Energy con-
tract awarded for environmental restoration, remedi-
ation, or waste management at a Department of En-
ergy facility—
(i) the Secretary determines that the waiver
will advance the environmental restoration, re-
mediation, or waste management objectives of the
Department of Energy and will not harm the
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national security interests of the United States;
and
(ii) the entity to which the contract is
awarded is controlled by a foreign government
with which the Secretary is authorized to ex-
change Restricted Data under section 144(c) of
the Atomic Energy Act of 1954 (42 U.S.C.
2164(c)).
(2) The Secretary of Energy shall notify the appro-
priate committees of Congress of any decision to grant a
waiver under paragraph (1)(B). The contract may be exe-
cuted only after the end of the 45-day period beginning on
the date the notification is received by the committees.
SEC. 3166. STUDY ON WORKER PROTECTION AT THE MOUND
FACILITY.
(a) Not later than March 15, 1997, the Secretary of
Energy shall report to the defense committees of the Con-
gress regarding the status of projects and programs to im-
prove worker safety and health at the Mound Facility in
Miamisburg, Ohio.
(b) The report shall include the following:
(1) the status of actions completed in fiscal year
1996;
(2) the status of actions completed or proposed to
be completed in fiscal years 1997 and 1998;
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(3) a description of the fiscal year 1998 budget
request for Mound worker safety and health protec-
tion; and
(4) an accounting of expenditures for worker
safety and health at Mound by year from fiscal year
1994 through and including fiscal year 1996.
Subtitle E—Environmental Restora-
tion at Defense Nuclear Facili-
ties
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ‘‘Defense Nuclear Fa-
cility Environmental Restoration Pilot Program Act of
1996’’.
SEC. 3172. APPLICABILITY.
(a) IN GENERAL.—The provisions of this subtitle shall
apply to the following defense nuclear facilities:
(1) Hanford.
(2) Any other defense nuclear facility if—
(A) the chief executive officer of the State in
which the facility is located submits to the Sec-
retary a request that the facility be covered by
the provisions of this subtitle; and
(B) the Secretary approves the request.
(b) LIMITATION.—The Secretary may not approve a
request under subsection (a)(2) until 60 days after the date
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on which the Secretary notifies the congressional defense
committees of the Secretary’s receipt of the request.
SEC. 3173. DESIGNATION OF COVERED FACILITIES AS ENVI-
RONMENTAL 
CLEANUP 
DEMONSTRATION
AREAS.
(a) DESIGNATION.—Each defense nuclear facility cov-
ered by this subtitle under section 3172(a) is hereby des-
ignated as an environmental cleanup demonstration area.
The purpose of the designation is to establish each such fa-
cility as a demonstration area at which to utilize and
evaluate new technologies to be used in environmental res-
toration and remediation at other defense nuclear facilities.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that Federal and State regulatory agencies, members of the
surrounding communities, and other affected parties with
respect to each defense nuclear facility covered by this sub-
title should continue to—
(1) develop expedited and streamlined processes
and systems for cleaning up such facility;
(2) eliminate unnecessary administrative com-
plexity and unnecessary duplication of regulation
with respect to the clean up of such facility;
(3) proceed expeditiously and cost-effectively
with environmental restoration and remediation ac-
tivities at such facility;
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(4) consider future land use in selecting environ-
mental clean up remedies at such facility; and
(5) identify and recommend to Congress changes
in law needed to expedite the clean up of such facil-
ity.
SEC. 3174. SITE MANAGERS.
(a) APPOINTMENT.—(1)(A) The Secretary shall ap-
point a site manager for Hanford not later than 90 days
after the date of the enactment of this Act.
(B) The Secretary shall develop a list of the criteria
to be used in appointing a site manager for Hanford. The
Secretary may consult with affected and knowledgeable par-
ties in developing the list.
(2) The Secretary shall appoint the site manager for
any other defense nuclear facility covered by this subtitle
not later than 90 days after the date of the approval of
the request with respect to the facility under section
3172(a)(2).
(3) An individual appointed as a site manager under
this subsection shall, if not an employee of the Department
at the time of the appointment, be an employee of the De-
partment while serving as a site manager under this sub-
title.
(b) DUTIES.—(1) Subject to paragraphs (2) and (3),
in addition to other authorities provided for in this subtitle,
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the site manager for a defense nuclear facility shall have
full authority to oversee and direct operations at the facil-
ity, including the authority to—
(A) enter into and modify contractual agree-
ments to enhance environmental restoration and
waste management at the facility;
(B) request that the Department headquarters
submit to Congress a reprogramming package shifting
among accounts funds available for the facility in
order to facilitate the most efficient and timely envi-
ronmental restoration and waste management at the
facility, and, in the event that the Department head-
quarters does not act upon the request within 30 days
of the date of the request, submit such request to the
appropriate committees of Congress for review;
(C) negotiate amendments to environmental
agreements applicable to the facility for the Depart-
ment; and
(D) manage environmental management and
programmatic personnel of the Department at the fa-
cility.
(2) A site manager shall negotiate amendments under
paragraph (1)(C) with the concurrence of the Secretary.
(3) A site manager may not undertake or provide for
any action under paragraph (1) that would result in an
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expenditure of funds for environmental restoration or waste
management at the defense nuclear facility concerned in ex-
cess of the amount authorized to be expended for environ-
mental restoration or waste management at the facility
without the approval of such action by the Secretary.
(c) INFORMATION ON PROGRESS.—The Secretary shall
regularly inform Congress of the progress made by site man-
agers under this subtitle in achieving expedited environ-
mental restoration and waste management at the defense
nuclear facilities covered by this subtitle.
SEC. 3175. DEPARTMENT OF ENERGY ORDERS.
Effective 60 days after the appointment of a site man-
ager for a defense nuclear facility under section 3174(a),
an order relating to the execution of environmental restora-
tion, waste management, technology development, or other
site operation activities at the facility may be imposed at
the facility if the Secretary makes a finding that the
order—
(1) is essential to the protection of human health
or the environment or to the conduct of critical ad-
ministrative functions; and
(2) will not interfere with bringing the facility
into compliance with environmental laws, including
the terms of any environmental agreement.
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SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY FOR REME-
DIATION OF DEFENSE NUCLEAR WASTE.
(a) IN GENERAL.—The site manager for a defense nu-
clear facility under this subtitle shall promote the dem-
onstration, verification, certification, and implementation
of innovative environmental technologies for the remedi-
ation of defense nuclear waste at the facility.
(b) DEMONSTRATION PROGRAM.—To carry out sub-
section (a), each site manager shall establish a program at
the defense nuclear facility concerned for testing environ-
mental technologies for the remediation of defense nuclear
waste at the facility. In establishing such a program, the
site manager may—
(1) establish a simplified, standardized, and
timely process for the testing and verification of envi-
ronmental technologies;
(2) solicit and accept applications to test envi-
ronmental technology suitable for environmental res-
toration and waste management activities at the fa-
cility, including prevention, control, characterization,
treatment, and remediation of contamination;
(3) consult and cooperate with the heads of exist-
ing programs at the facility for the certification and
verification of environmental technologies at the facil-
ity; and
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(4) pay the costs of the demonstration of such
technologies.
(c) FOLLOW-ON CONTRACTS.—(1) If the Secretary and
a person demonstrating a technology under the program
enter into a contract for remediation of nuclear waste at
a defense nuclear facility covered by this subtitle, or at any
other Department facility, as a follow-on to the demonstra-
tion of the technology, the Secretary shall ensure that the
contract provides for the Secretary to recoup from the con-
tractor the costs incurred by the Secretary pursuant to sub-
section (b)(4) for the demonstration.
(2) No contract between the Department and a con-
tractor for the demonstration of technology under subsection
(b) may provide for reimbursement of the costs of the con-
tractor on a cost plus fee basis.
(d) SAFE HARBORS.—In the case of an environmental
technology demonstrated, verified, certified, and imple-
mented at a defense nuclear facility under a program estab-
lished under subsection (b), the site manager of another de-
fense nuclear facility may request the Secretary to waive
or limit contractual or Department regulatory requirements
that would otherwise apply in implementing the same envi-
ronmental technology at such other facility.
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SEC. 3177. REPORTS TO CONGRESS.
Not later than 120 days after the date of the appoint-
ment of a site manager under section 3174(a), the site man-
ager shall submit to Congress and the Secretary a report
describing the expectations of the site manager with respect
to environmental restoration and waste management at the
defense nuclear facility concerned by reason of the exercise
of the authorities provided in this subtitle. The report shall
describe the manner in which the exercise of such authorities
is expected to improve environmental restoration and waste
management at the facility and identify saving that are
expected to accrue to the Department as a result of the exer-
cise of such authorities.
SEC. 3178. TERMINATION.
The authorities provided for in this subtitle shall ex-
pire five years after the date of the enactment of this Act.
SEC. 3179. DEFINITIONS.
In this subtitle:
(1) The term ‘‘Department’’ means the Depart-
ment of Energy.
(2) The term ‘‘defense nuclear facility’’ has the
meaning given the term ‘‘Department of Energy de-
fense nuclear facility’’ in section 318 of the Atomic
Energy Act of 1954 (42 U.S.C. 2286g).
(3) The term ‘‘Hanford’’ means the defense nu-
clear facility located in southeastern Washington