512
(c) PROGRAM DIRECTION.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1997 for program direction in carrying out
weapons activities necessary for national security programs
in the amount of $334,404,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) ENVIRONMENTAL RESTORATION.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1997 for envi-
ronmental restoration in carrying out environmental res-
toration and waste management activities necessary for na-
tional security programs in the amount of $1,812,194,000,
of which $376,648,000 shall be allocated to the uranium en-
richment decontamination and decommissioning fund.
(b) WASTE MANAGEMENT.—Subject to subsection (i),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1997 for waste manage-
ment in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $1,536,653,000, to be allocated as
follows:
(1) 
For 
operation 
and 
maintenance,
$1,448,326,000.
513
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed thereto), $88,327,000, to be allocated as follows:
Project 97–D–402, tank farm restoration
and safe operations, Richland, Washington,
$7,584,000.
Project 96–D–408, waste management up-
grades, various locations, $11,246,000.
Project 95–D–402, install permanent elec-
trical service for the Waste Isolation Pilot Plant,
Carlsbad, New Mexico, $752,000.
Project 95–D–405, industrial landfill V and
construction/demolition landfill VII, Y–12 Plant,
Oak Ridge, Tennessee, $200,000.
Project 94–D–404, Melton Valley storage
tank capacity increase, Oak Ridge National Lab-
oratory, Oak Ridge, Tennessee, $6,345,000.
Project 94–D–407, initial tank retrieval
systems, Richland, Washington, $12,600,000.
Project 93–D–182, replacement of cross-site
transfer 
system, 
Richland, 
Washington,
$8,100,000.
514
Project 93–D–187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $20,000,000.
Project 89–D–174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $11,500,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$10,000,000.
(c) NUCLEAR MATERIALS AND FACILITIES STABILIZA-
TION.—Subject to subsection (i), funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1997 for nuclear materials and facilities sta-
bilization in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $1,269,290,000 to be allocated
as follows:
(1) 
For 
operation 
and 
maintenance,
$1,151,718,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed thereto), $117,572,000, to be allocated as follows:
515
Project 97–D–450, Actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $7,900,000.
Project 97–D–451, B-Plant safety class ven-
tilation 
upgrades, 
Richland, 
Washington,
$1,500,000.
Project 97–D–470, environmental monitor-
ing laboratory, Savannah River, Aiken, South
Carolina, $2,500,000.
Project 97–D–473, health physics site sup-
port facility, Savannah River, Aiken, South
Carolina, $2,000,000.
Project 96–D–406, spent nuclear fuels can-
ister storage and stabilization facility, Richland,
Washington, $60,672,000.
Project 96–D–461, electrical distribution
upgrade, Idaho National Engineering Labora-
tory, Idaho, $6,790,000.
Project 96–D–464, electrical and utility sys-
tems upgrade, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$10,440,000.
Project 96–D–471, CFC HVAC/chiller retro-
fit, Savannah River Site, Aiken, South Carolina,
$8,541,000.
516
Project 95–E–600, hazardous materials
management and emergency response training
center, Richland, Washington, $7,900,000.
Project 95–D–155, upgrade site road infra-
structure, Savannah River, South Carolina,
$4,137,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$4,645,000.
Project 94–D–401, emergency response facil-
ity, Idaho National Engineering Laboratory,
Idaho, $547,000.
(d) PROGRAM DIRECTION.—Subject to subsection (i),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1997 for program direc-
tion in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $375,511,000.
(e) TECHNOLOGY DEVELOPMENT.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1997 for tech-
nology development in carrying out environmental restora-
tion and waste management activities necessary for na-
tional security programs in the amount of $303,771,000.
517
(f) POLICY AND MANAGEMENT.—Subject to subsection
(i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for policy and
management in carrying out environmental restoration
and waste management activities necessary for national se-
curity programs in the amount of $23,155,000.
(g) ENVIRONMENTAL SCIENCE PROGRAM.—Subject to
subsection (i), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1997
for the environmental science program in carrying out envi-
ronmental restoration and waste management activities
necessary for national security programs in the amount of
$62,136,000.
(h) ENVIRONMENTAL MANAGEMENT PRIVATIZATION.—
Subject to subsection (i), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
1997 for environmental management privatization in car-
rying out environmental restoration and waste manage-
ment activities necessary for national security programs in
the amount of $185,000,000.
(i) ADJUSTMENTS.—The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (h) reduced by
the sum of—
518
(1) $150,400,000, for use of prior year balances;
and
(2) $8,000,000 for Savannah River Pension Re-
fund.
SEC. 3103. DEFENSE FIXED ASSET ACQUISITION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for the defense
fixed asset acquisition/privatization program in the
amount of $182,000,000.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for other defense
activities in carrying out programs necessary for national
security in the amount of $1,487,800,000, to be allocated
as follows:
(1) For verification and control technology,
$399,648,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $194,919,000.
(B) For arms control, $169,544,000.
(C) For intelligence, $35,185,000.
(2) 
For 
nuclear 
safeguards 
and 
security,
$47,208,000.
(3) For security investigations, $22,000,000.
(4) For emergency management, $16,794,000.
519
(5) For program direction, nonproliferation, and
national security, $95,622,000.
(6) For environment, safety, and health, defense,
$63,800,000.
(7) For worker and community transition assist-
ance, $67,000,000.
(8) For fissile materials disposition, $93,796,000,
to be allocated as follows:
(A) 
For 
operations 
and 
maintenance,
$76,796,000.
(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, modification of facilities,
and the continuation of projects authorized in
prior years, and land acquisition related there-
to):
Project 97–D–140, consolidated special
nuclear materials storage facility, site to be
determined, $17,000,000.
(9) 
For 
naval 
reactors 
development,
$681,932,000, to be allocated as follows:
(A) For operation and infrastructure,
$649,330,000.
(B) For program direction, $18,902,000.
520
(C) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$13,700,000, to be allocated as follows:
Project 97–D–201, advanced test reac-
tor secondary coolant refurbishment, Idaho
National Engineering Laboratory, Idaho,
$400,000.
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$4,800,000.
Project 95–D–201, advanced test reac-
tor radioactive waste system upgrades,
Idaho National Engineering Laboratory,
Idaho, $500,000.
Project 90–N–102, expended core facil-
ity dry cell project, Naval Reactors facility,
Idaho, $8,000,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for payment to
the Nuclear Waste Fund established in section 302(c) of the
521
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in
the amount of $200,000,000.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy sub-
mits to the congressional defense committees the report re-
ferred to in subsection (b) and a period of 30 days has
elapsed after the date on which such committees receive the
report, the Secretary may not use amounts appropriated
pursuant to this title for any program—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount au-
thorized for that program by this title; or
(2) which has not been presented to, or requested
of, Congress.
(b) REPORT.—(1) The report referred to in subsection
(a) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action.
(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
522
House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed the
total amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically de-
nied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may carry
out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $2,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized by
this title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense com-
mittees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever the
523
current estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department
of Energy and was authorized by any previous Act, exceeds
by more than 25 percent the higher of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget justifica-
tion data submitted to Congress.
(2) An action described in paragraph (1) may be taken
if—
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the ac-
tions and the circumstances making such action nec-
essary; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated cost
of less than $5,000,000.
524
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The
Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this
title to other Federal agencies for the performance of work
for which the funds were authorized. Funds so transferred
may be merged with and be available for the same purposes
and for the same period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT
OF ENERGY;
LIMITATIONS.—(1) Subject to paragraph (2), the Secretary
of Energy may transfer funds authorized to be appropriated
to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so
transferred may be merged with and be available for the
same purposes and for the same period as the authorization
to which the amounts are transferred.
(2) Not more than five percent of any such authoriza-
tion may be transferred between authorizations under para-
graph (1). No such authorization may be increased or de-
creased by more than five percent by a transfer under such
paragraph.
(3) The authority provided by this section to transfer
authorizations—
(A) may only be used to provide funds for items
relating to weapons activities necessary for national
525
security programs that have a higher priority than
the items from which the funds are transferred; and
(B) may not be used to provide authority for an
item that has been denied funds by Congress.
(c) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for funds
for a construction project that is in support of a national
security program of the Department of Energy, the Sec-
retary of Energy shall complete a conceptual design for that
project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
the conceptual design before submitting a request for funds
for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
526
(A) for a construction project the total estimated
cost of which is less than $2,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY
FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including ar-
chitectural and engineering services) in connection with
any proposed construction project if the total estimated cost
for such design does not exceed $600,000.
(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for such design must be specifically author-
ized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to an authorization in this title, including those funds au-
thorized to be appropriated for advance planning and con-
struction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and
527
safety, to meet the needs of national defense, or to protect
property.
(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of any construc-
tion project until the Secretary has submitted to the con-
gressional defense committees a report on the activities that
the Secretary intends to carry out under this section and
the circumstances making such activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of section
3125(b)(2) does not apply to emergency planning, design,
and construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in con-
nection with all national security programs of the Depart-
ment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
528
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. STOCKPILE STEWARDSHIP PROGRAM.
(a) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy pursuant to section
3101, $100,000,000 shall be available to carry out the fol-
lowing activities within the stockpile stewardship program:
(1) $20,000,000 for enhanced surveillance involv-
ing the nuclear production plants and the nuclear
weapons design laboratories.
(2) $15,000,000 for a production capability as-
surance program for critical non-nuclear components.
(3) $25,000,000 for an accelerated capability to
produce prototype war reserve-quality plutonium pits.
(4) $20,000,000 for dual revalidation of war-
heads in the nuclear weapons stockpile.
(5) $20,000,000 for the stockpile life extension
program.
(b) REPORT.—Not later than October 15, 1996, the
Secretary of Energy shall submit to the congressional de-
fense committees a report on the obligations the Secretary
has incurred, and plans to incur, during fiscal year 1997
for the stockpile stewardship program.
529
SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR NU-
CLEAR WEAPONS STOCKPILE.
(a) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy pursuant to section
3101, $125,000,000 shall be available to carry out the stock-
pile manufacturing infrastructure program.
(b) REQUIRED CAPABILITIES.—The manufacturing
infrastructure established under the program shall include
the capabilities listed in subsection (b) of section 3137 of
Public Law 104–106 (110 Stat. 620).
(c) REPORT.—Not later than October 15, 1996, the
Secretary of Energy shall submit to the congressional de-
fense committees a report on the obligations the Secretary
has incurred, and plans to incur, during fiscal year 1997
for the stockpile manufacturing infrastructure program.
(d) STOCKPILE MANUFACTURING INFRASTRUCTURE
PROGRAM.—In this section, the term ‘‘stockpile manufac-
turing infrastructure program’’ means the program carried
out pursuant to section 3137 of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 620).
SEC. 3133. PRODUCTION OF HIGH EXPLOSIVES.
The manufacture and fabrication of high explosives
and energetic materials for use as components in nuclear
weapons systems shall be carried out at the Pantex Plant,
Amarillo, Texas. No funds appropriated or otherwise made
530
available to the Department of Energy may be used to move,
or prepare to move, the manufacture and fabrication of high
explosives and energetic materials for use as components in
nuclear weapons systems from the Pantex Plant to any
other site or facility of the Department of Energy.
SEC. 3134. LIMITATION ON USE OF FUNDS BY LABORA-
TORIES 
FOR 
LABORATORY-DIRECTED 
RE-
SEARCH AND DEVELOPMENT.
(a) REDUCTION
OF FUNDING.—Section 3132(c) of
Public Law 101–510 (104 Stat. 1832) is amended by strik-
ing out ‘‘6 percent’’ and inserting in lieu thereof ‘‘2 per-
cent’’.
(b) LIMITATION.—None of the funds provided in a fis-
cal year, beginning with fiscal year 1997, by the Secretary
of Energy to be used by laboratories for laboratory-directed
research and development pursuant to section 3132(c) of
Public Law 101–510 (42 U.S.C. 7257a(c)) may be obligated
or expended by such laboratories until a period of 15 days
has expired after the Secretary of Energy submits to the
congressional defense committees a report setting forth in
detail information about the manner in which such funds
are planned to be used during that fiscal year. The report
shall include a description and justification of the planned
uses of the funds.
531
SEC. 3135. PROHIBITION ON FUNDING NUCLEAR WEAPONS
ACTIVITIES WITH PEOPLE’S REPUBLIC OF
CHINA.
(a) FUNDING PROHIBITION.—Funds authorized to be
appropriated to, or otherwise available to, the Department
of Energy for fiscal year 1997 may not be obligated or ex-
pended for any activity associated with the conduct of coop-
erative programs relating to nuclear weapons or nuclear
weapons technology, including stockpile stewardship, safety,
and use control, with the People’s Republic of China.
(b) REPORT.—(1) The Secretary of Energy shall pre-
pare, in consultation with the Secretary of Defense, a report
containing a description of all discussions and activities
between the United States and the People’s Republic of
China regarding nuclear weapons matters that have oc-
curred before the date of the enactment of this Act and that
are planned to occur after such date. For each such discus-
sion or activity, the report shall include—
(A) the authority under which the discussion or
activity took or will take place;
(B) the subject of the discussion or activity;
(C) participants or likely participants;
(D) the source and amount of funds used or to
be used to pay for the discussion or activity; and
(E) a description of the actions taken or to be
taken to ensure that no classified or restricted data
532
were or will be revealed, and a determination of
whether classified or restricted data was revealed in
previous discussions.
(2) The report shall be submitted to the Committee on
Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives not later
than October 15, 1996.
SEC. 
3136. 
INTERNATIONAL 
COOPERATIVE 
STOCKPILE
STEWARDSHIP PROGRAMS.
(a) FUNDING PROHIBITION.—Funds authorized to be
appropriated to, or otherwise available to, the Department
of Energy for fiscal year 1997 may not be obligated or ex-
pended to conduct any activities associated with inter-
national cooperative stockpile stewardship.
(b) EXCEPTION.—Subsection (a) does not apply with
respect to such activities conducted between the United
States and the United Kingdom, and between the United
States and France.
SEC. 3137. TEMPORARY AUTHORITY RELATING TO TRANS-
FERS OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
533
ronmental management funds from a program or project
under the jurisdiction of the office to another such program
or project. Any such transfer may be done only one time
in a fiscal year to or from each program or project, and
the amount transferred to or from the program or project
may not exceed $5,000,000 in a fiscal year.
(b) DETERMINATION.—A transfer may not be carried
out by a manager of a field office pursuant to the authority
provided under subsection (a) unless the manager deter-
mines that such transfer is necessary to address a risk to
health, safety, or the environment or to assure the most effi-
cient use of defense environmental management funds at
that field office.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary of Energy, acting
through the Assistant Secretary of Energy for Environ-
mental Management, shall notify Congress of any transfer
of funds pursuant to subsection (a) not later than 30 days
after such a transfer occurs.
(e) LIMITATION.—Funds transferred pursuant to sub-
section (a) may not be used for an item for which Congress
has specifically denied funds or for a new program or
project that has not been authorized by Congress.
534
(f) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A project listed in subsection (b) or (c)
of section 3102 being carried out by the office.
(B) A program referred to in subsection (a),
(b), (c), (e), (g), or (h) of section 3102 being car-
ried out by the office.
(C) A project or program not described in
subparagraph (A) or (B) that is for environ-
mental restoration or waste management activi-
ties necessary for national security programs of
the Department of Energy, that is being carried
out by the office, and for which defense environ-
mental management funds have been authorized
and appropriated before the date of the enact-
ment of this Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the Depart-
ment of Energy pursuant to an authorization for car-
rying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams.
535
(g) DURATION OF AUTHORITY.—The authority pro-
vided under subsection (a) to a manager of a field office
shall be in effect from the date of the enactment of this Act
to September 30, 1997.
SEC. 3138. MANAGEMENT STRUCTURE FOR NUCLEAR WEAP-
ONS PRODUCTION FACILITIES AND NUCLEAR
WEAPONS LABORATORIES.
(a) LIMITATION ON DELEGATION OF AUTHORITY.—(1)
The Secretary of Energy, in carrying out national security
programs, may delegate specific management and planning
authority over matters relating to site operation of the fa-
cilities and laboratories covered by this section only to the
Assistant Secretary of Energy for Defense Programs. Such
Assistant Secretary may redelegate such authority only to
managers of area offices of the Department of Energy lo-
cated at such facilities and laboratories.
(2) Nothing in this section may be construed as affect-
ing the delegation by the Secretary of Energy of authority
relating to reporting, management, and oversight of matters
relating to the Department of Energy generally, or safety,
environment, and health at such facilities and laboratories.
(b) REQUIREMENT
TO CONSULT
WITH AREA OF-
FICES.—The Assistant Secretary of Energy for Defense Pro-
grams, in exercising any delegated authority to oversee
management of matters relating to site operation of a facil-
536
ity or laboratory, shall exercise such authority only after
direct consultation with the manager of the area office of
the Department of Energy located at the facility or labora-
tory.
(c) REQUIREMENT
FOR
DIRECT
COMMUNICATION
FROM AREA OFFICES.—The Secretary of Energy, acting
through the Assistant Secretary of Energy for Defense Pro-
grams, shall require the head of each area office of the De-
partment of Energy located at each facility and laboratory
covered by this section to report on matters relating to site
operation other than those matters set forth in subsection
(a)(2) directly to the Assistant Secretary of Energy for De-
fense Programs, without obtaining the approval or concur-
rence of any other official within the Department of Energy.
(d) DEFENSE PROGRAMS REORGANIZATION PLAN AND
REPORT.—(1) The Secretary of Energy shall develop a plan
to reorganize the field activities and management of the na-
tional security functions of the Department of Energy.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary shall submit to Congress a
report on the plan developed under paragraph (1). The re-
port shall specifically identify all significant functions per-
formed by the operations offices relating to any of the facili-
ties and laboratories covered by this section and which of
those functions could be performed—
538
(g) COVERED FACILITIES AND LABORATORIES.—This
section applies to the following facilities and laboratories
of the Department of Energy:
(1) The Kansas City Plant, Kansas City, Mis-
souri.
(2) The Pantex Plant, Amarillo, Texas.
(3) The Y–12 Plant, Oak Ridge, Tennessee.
(4) The Savannah River Site, Aiken, South
Carolina.
(5) Los Alamos National Laboratory, Los Ala-
mos, New Mexico.
(6) Sandia National Laboratories, Albuquerque,
New Mexico.
(7) Lawrence Livermore National Laboratory,
Livermore, California.
(8) The Nevada Test Site, Nevada.
Subtitle D—Other Matters
SEC. 3141. REPORT ON NUCLEAR WEAPONS STOCKPILE
MEMORANDUM.
(a) SUBMISSION OF COPY OF MEMORANDUM.—Not less
than 15 days after the date of the enactment of this Act,
the President shall submit to the congressional defense com-
mittees a copy of the Nuclear Weapons Stockpile Memoran-
dum approved by the President in April 1996.
539
(b) SUBMISSION OF COPY OF MEMORANDUM AND RE-
PORT.—Not less than 30 days after the President has ap-
proved any update to the Nuclear Weapons Stockpile Memo-
randum, the President shall submit to the congressional de-
fense committees a copy of that Memorandum, together with
a report describing the changes to the Memorandum com-
pared to the previous submission.
(c) FORM.—The submissions required by this section
shall be in classified and unclassified form.
SEC. 3142. REPORT ON PLUTONIUM PIT PRODUCTION AND
REMANUFACTURING PLANS.
(a) REPORT REQUIREMENT.—The Secretary of Energy
shall submit to the congressional defense committees a re-
port on plans for achieving the capability to produce and
remanufacture plutonium pits. The report shall include a
description of the baseline plan of the Department of En-
ergy for achieving such capability, including the following:
(1) The funding necessary, by fiscal year, to
achieve the capability.
(2) The schedule necessary to achieve the capabil-
ity, including important technical and programmatic
milestones.
(3) Siting, capacity for expansion, and other is-
sues included in the baseline plan.
540
(b) DEADLINE.—The report required by subsection (a)
shall be submitted not later than 60 days after the date of
the enactment of this Act.
SEC. 3143. AMENDMENTS RELATING TO BASELINE ENVI-
RONMENTAL MANAGEMENT REPORTS.
Section 3153 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160;107 Stat.
1950) is amended—
(1) in subsection (b)—
(A) by striking out the first word in the
heading and inserting in lieu thereof ‘‘BIEN-
NIAL’’; and
(B) in paragraph (2)(B), by inserting be-
fore ‘‘year after 1995’’ the following: ‘‘odd-num-
bered’’; and
(2) in subsection (d)—
(A) by striking out the first word in the
heading and inserting in lieu thereof ‘‘BIEN-
NIAL’’; and
(B) in paragraph (1)(B), by striking out
‘‘in each year thereafter’’ and inserting in lieu
thereof ‘‘in each odd-numbered year thereafter’’.
541
SEC. 3144. REQUIREMENT TO DEVELOP FUTURE USE PLANS
FOR ENVIRONMENTAL MANAGEMENT PRO-
GRAM.
(a) AUTHORITY TO DEVELOP FUTURE USE PLANS.—
The Secretary may develop future use plans for any defense
nuclear facility at which environmental restoration and
waste management activities are occurring.
(b) REQUIREMENT
TO
DEVELOP
FUTURE
USE
PLANS.—The Secretary of Energy shall develop a future use
plan for each of the following defense nuclear facilities:
(1) Hanford Site, Richland, Washington.
(2) Rocky Flats Plant, Golden, Colorado.
(3) Savannah River Site, Aiken, South Carolina.
(4) Idaho National Engineering Laboratory,
Idaho.
(c) FUTURE USE ADVISORY BOARD.—(1) At a defense
nuclear facility where the Secretary of Energy intends to
develop a future use plan and no citizen advisory board
has been established, the Secretary shall establish a future
use advisory board.
(2) The Secretary may prescribe regulations regarding
the establishment, characteristics, composition, and funding
of future use advisory boards pursuant to this subsection.
(3) The Secretary may authorize the manager of a de-
fense nuclear facility for which a future use plan is devel-
oped (or, if there is no such manager, an appropriate offi-
542
cial of the Department of Energy designated by the Sec-
retary) to pay routine administrative expenses of a future
use advisory board established for that site. Such payments
shall be made from funds available to the Secretary for pro-
gram direction in carrying out environmental restoration
and waste management activities necessary for national se-
curity programs.
(d) REQUIREMENT TO CONSULT WITH FUTURE USE
ADVISORY BOARD.—In developing a future use plan under
this section with respect to a defense nuclear facility, the
Secretary of Energy shall consult with a future use advisory
board established pursuant to subsection (c) or a similar
advisory board already in existence as of the date of the
enactment of this Act for such facility, affected local govern-
ments (including any local future use redevelopment au-
thorities), and other appropriate State agencies.
(e) 50-YEAR PLANNING PERIOD.—A future use plan
developed under this section shall cover a period of at least
50 years.
(f) DEADLINES.—For each site listed in subsection (b),
the Secretary shall develop a draft plan by October 1, 1997,
and a final plan by March 15, 1998.
(g) REPORT.—Not later than 60 days after completing
development of a final plan for a site listed in subsection
(b), the Secretary of Energy shall submit to Congress a re-