629
port containing a description of all discussions and activi-
ties 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
discussion 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
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
National 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
630
of Energy for fiscal year 1997 may not be obligated or
expended 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 En-
ergy shall provide the manager of each field office of the
Department of Energy with the authority to transfer de-
fense environmental 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 pro-
gram 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 author-
ity provided under subsection (a) unless the manager de-
termines that such transfer is necessary to address a risk
631
to health, safety, or the environment or to assure the most
efficient 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
subsection (a) may not be used for an item for which Con-
gress has specifically denied funds or for a new program
or project that has not been authorized by Congress.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of En-
ergy, 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 carried out by the office.
632
(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 envi-
ronmental management funds have been au-
thorized and appropriated before the date of the
enactment of this Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the De-
partment of Energy pursuant to an authorization for
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs.
(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
WEAPONS PRODUCTION FACILITIES AND NU-
CLEAR WEAPONS LABORATORIES.
(a) LIMITATION ON DELEGATION OF AUTHORITY.—
(1) The Secretary of Energy, in carrying out national se-
curity programs, may delegate specific management and
633
planning authority over matters relating to site operation
of the facilities and laboratories covered by this section
only to the Assistant Secretary of Energy for Defense Pro-
grams. Such Assistant Secretary may redelegate such au-
thority only to managers of area offices of the Department
of Energy located at such facilities and laboratories.
(2) Nothing in this section may be construed as af-
fecting the delegation by the Secretary of Energy of au-
thority relating to reporting, management, and oversight
of matters relating to the Department of Energy gen-
erally, 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
Programs, in exercising any delegated authority to oversee
management of matters relating to site operation of a fa-
cility 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
Programs, shall require the head of each area office of
the Department of Energy located at each facility and lab-
634
oratory covered by this section to report on matters relat-
ing to site operation other than those matters set forth
in subsection (a)(2) directly to the Assistant Secretary of
Energy for Defense Programs, without obtaining the ap-
proval or concurrence of any other official within the De-
partment 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 national security functions of the Department of
Energy.
(2) Not later than 120 days after the date of the en-
actment of this Act, the Secretary shall submit to Con-
gress a report on the plan developed under paragraph (1).
The report shall specifically identify all significant func-
tions performed by the operations offices relating to any
of the facilities and laboratories covered by this section
and which of those functions could be performed—
(A) by the area offices of the Department of
Energy located at the facilities and laboratories cov-
ered by this section; or
(B) by the Assistant Secretary of Energy for
Defense Programs.
(3) The report also shall address and make rec-
ommendations with respect to other internal streamlining
635
and reorganization initiatives that the Department could
pursue with respect to military or national security pro-
grams.
(e) DEFENSE PROGRAMS MANAGEMENT COUNCIL.—
The Secretary of Energy shall establish a Defense Pro-
grams Management Council to advise the Secretary on
policy matters, operational concerns, strategic planning,
and development of priorities relating to the national secu-
rity functions of the Department of Energy. The Council
shall be composed of the directors of the facilities and lab-
oratories and shall report directly to the Assistant Sec-
retary of Energy for Defense Programs.
(f) COVERED SITE OPERATIONS.—For purposes of
this section, matters relating to site operation of a facility
or laboratory include matters relating to personnel, budg-
et, and procurement in national security programs.
(g) COVERED FACILITIES
AND LABORATORIES.—
This section applies to the following facilities and labora-
tories 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.
636
(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 de-
fense committees a copy of the Nuclear Weapons Stockpile
Memorandum approved by the President in April 1996.
(b) SUBMISSION OF COPY OF MEMORANDUM AND
REPORT.—Not less than 30 days after the President has
approved any update to the Nuclear Weapons Stockpile
Memorandum, the President shall submit to the congres-
sional defense committees a copy of that Memorandum,
together with a report describing the changes to the
Memorandum compared to the previous submission.
(c) FORM.—The submissions required by this section
shall be in classified and unclassified form.
637
SEC. 3142. REPORT ON PLUTONIUM PIT PRODUCTION AND
REMANUFACTURING PLANS.
(a) REPORT REQUIREMENT.—The Secretary of En-
ergy shall submit to the congressional defense committees
a report on plans for achieving the capability to produce
and remanufacture plutonium pits. The report shall in-
clude a description of the baseline plan of the Department
of Energy for achieving such capability, including the fol-
lowing:
(1) The funding necessary, by fiscal year, to
achieve the capability.
(2) The schedule necessary to achieve the capa-
bility, including important technical and pro-
grammatic milestones.
(3) Siting, capacity for expansion, and other is-
sues included in the baseline plan.
(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)—
638
(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-
numbered’’; 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 there-
after’’.
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 res-
toration 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.
639
(2) Rocky Flats Plant, Golden, Colorado.
(3) Savannah River Site, Aiken, South Caro-
lina.
(4) Idaho National Engineering Laboratory,
Idaho.
(c) FUTURE USE ADVISORY BOARD.—(1) At a de-
fense nuclear facility where the Secretary of Energy in-
tends 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 regard-
ing the establishment, characteristics, composition, and
funding of future use advisory boards pursuant to this
subsection.
(3) The Secretary may authorize the manager of a
defense nuclear facility for which a future use plan is de-
veloped (or, if there is no such manager, an appropriate
official of the Department of Energy designated by the
Secretary) to pay routine administrative expenses of a fu-
ture use advisory board established for that site. Such
payments shall be made from funds available to the Sec-
retary for program direction in carrying out environmental
restoration and waste management activities necessary for
national security programs.
640
(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 advi-
sory 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
governments (including any local future use redevelopment
authorities), 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 complet-
ing development of a final plan for a site listed in sub-
section (b), the Secretary of Energy shall submit to Con-
gress a report on the plan. The report shall describe the
plan and contain such findings and recommendations with
respect to the site as the Secretary considers appropriate.
(h) SAVINGS PROVISIONS.—(1) Nothing in this sec-
tion or in a future use plan developed under this section
with respect to a defense nuclear facility shall be construed
as requiring any modification to a future use plan that
641
was developed before the date of the enactment of this
Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration
or waste management activity or project or to modify or
otherwise affect applicable statutory or regulatory environ-
mental restoration and waste management requirements,
including substantive standards intended to protect public
health and the environment, nor shall anything in this sec-
tion be construed to preempt or impair any local land use
planning or zoning authority or State authority.
SEC. 3145. WORKER HEALTH AND SAFETY IMPROVEMENTS
AT 
DEFENSE 
NUCLEAR 
COMPLEX,
MIAMISBURG, OHIO.
(a) WORKER HEALTH AND SAFETY ACTIVITIES.—
The Secretary of Energy shall carry out the following ac-
tivities at the defense nuclear complex at Miamisburg,
Ohio:
(1) Within 12 months after the date of the en-
actment of this Act, completion of the evaluation of
pre-1989 internal radiation dose assessments for
workers who may have received a dose greater than
20 rem.
(2) Installation of state-of-the-art automated
personnel contamination monitors at appropriate ra-
642
diation control points and facility exits, and pur-
chase and installation of an automated personnel ac-
cess control system.
(3) Upgrading of the radiological records soft-
ware and integration with a radiation work permit
system.
(4) Implementation of a program that will char-
acterize the radiological conditions of the site and
facilities prior to decontamination so that radiologi-
cal hazards are clearly identified and results of the
characterization validated.
(5) Review and improvement of the evaluation
of continuous air monitoring and implementation of
a personal air sampling program within 60 days
after the date of the enactment of this Act.
(6) Upgrading of bioassay analytical procedures
to ensure that contract laboratories are properly se-
lected and independently validated by the Depart-
ment of Energy and that quality control is assured.
(7) Implementation of bioassay and internal
dose calculation methods that are specific to the ra-
diological hazards identified at the site.
(b) FUNDING.—Of the funds authorized in section
3102(e), $5,000,000 shall be available to the Secretary of
Energy to perform the activities required by subsection (a)
643
and such other activities to improve worker health and
safety at the defense nuclear complex at Miamisburg,
Ohio, as the Secretary considers appropriate.
(c) SAVINGS PROVISION.—Nothing in this section
shall be construed as affecting applicable statutory or reg-
ulatory requirements relating to worker health and safety.
Subtitle E—Defense Nuclear Envi-
ronmental Cleanup and Man-
agement
SEC. 3151. PURPOSE.
The purpose of this subtitle is to provide for the expe-
dited environmental restoration and waste management of
Department of Energy defense nuclear facilities through
the use of cost-effective management mechanisms and in-
novative technologies.
SEC. 3152. COVERED DEFENSE NUCLEAR FACILITIES.
(a) APPLICABILITY.—This subtitle applies to any de-
fense nuclear facility of the Department of Energy for
which the fiscal year 1996 environmental management
budget was $350,000,000 or more.
(b) DEFENSE NUCLEAR FACILITY DEFINED.—In
this subtitle, the term ‘‘defense nuclear facility’’ means a
former or current defense nuclear production facility that
is owned and managed by the Department of Energy.
644
SEC. 3153. SITE MANAGER.
(a) APPOINTMENT.—The Secretary of Energy shall
expeditiously appoint a Site Manager for each Department
of Energy defense nuclear facility (in this subtitle referred
to as the ‘‘Site Manager’’).
(b) SCOPE.—(1) In addition to other authorities pro-
vided for in this Act, the Secretary of Energy may delegate
to the Site Manager of a defense nuclear facility authority
to oversee and direct environmental management oper-
ations at the facility, 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 of Energy
headquarters submit to Congress a reprogramming
package shifting funds among accounts in order to
facilitate the most efficient and timely environmental
restoration and waste management of the facility,
and, in the event that the Department headquarters
does not act upon the request within 60 days, sub-
mit such request to the appropriate congressional
committees for review;
(C) subject to paragraph (2), negotiate amend-
ments to environmental agreements for the Depart-
ment of Energy;
645
(D) manage Department of Energy personnel
at the facility;
(E) consider the costs, risk reduction benefits,
and other benefits for the purposes of ensuring pro-
tection of human health and the environment or
safety, with respect to any environmental remedi-
ation activity the cost of which exceeds $25,000,000;
and
(F) have assessments prepared for environ-
mental restoration activities (in several documents or
a single document, as determined by the Site Man-
ager).
(2) In using the authority described in paragraph
(1)(C), a Site Manager may not negotiate an amendment
that is expected to result in additional significant life cycle
costs to the Department of Energy without the approval
of the Secretary of Energy.
(3) In using any authority described in paragraph
(1), a Site Manager of a facility shall consult with the
State where the facility is located and the advisory board
for the facility.
(4) The delegation of any authority pursuant to this
subsection shall not be construed as restricting the Sec-
retary of Energy’s authority to delegate other authorities
as necessary.
646
(c) INFORMATION TO SECRETARY OF ENERGY.—The
Site Manager of a defense nuclear facility shall regularly
inform the Secretary of Energy, Congress, and the advi-
sory board for the facility of the progress made by the
Site Manager to achieve the expedited environmental res-
toration and waste management of the facility.
SEC. 3154. DEPARTMENT OF ENERGY ORDERS.
An order imposed after the date of the enactment of
this Act relating to the execution of environmental restora-
tion, waste management, or technology development activi-
ties at a defense nuclear facility under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) may be imposed
by the Secretary of Energy at the defense nuclear facility
only if the Secretary finds that the order is necessary for
the protection of human health and the environment or
safety, or the fulfillment of current legal requirements.
SEC. 3155. DEPLOYMENT OF TECHNOLOGY FOR REMEDI-
ATION OF DEFENSE NUCLEAR WASTE.
(a) IN GENERAL.—The Secretary of Energy shall en-
courage the Site Manager of each defense nuclear facility
to promote the deployment of innovative environmental
technologies for remediation of defense nuclear waste at
the facility.
(b) CRITERIA.—To carry out subsection (a), the Sec-
retary shall encourage the Site Manager of a defense nu-
647
clear facility to establish a program at the facility to en-
hance the deployment of innovative environmental tech-
nologies at the facility. The Secretary may require the Site
Manager, in establishing such a program—
(1) to establish a simplified, standardized, and
timely process for the acceptance and deployment of
environmental technologies;
(2) to solicit applications to deploy environ-
mental technologies suitable for environmental res-
toration and waste management activities at the fa-
cility, including prevention, control, characterization,
treatment, and remediation of contamination;
(3) to enter into contracts and other agree-
ments with other public and private entities to de-
ploy environmental technologies at the facility; and
(4) to include incentives, such as product per-
formance specifications, in contracts to encourage
the implementation of innovative environmental
technologies.
SEC. 3156. PERFORMANCE-BASED CONTRACTING.
(a) PROGRAM.—The Secretary of Energy shall de-
velop and implement a program for performance-based
contracting for contracts entered into for environmental
remediation at defense nuclear facilities. The program