543
port 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 section
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 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 other-
wise affect applicable statutory or regulatory environmental
restoration and waste management requirements, including
substantive standards intended to protect public health and
the environment, nor shall anything in this section be con-
strued to preempt or impair any local land use planning
or zoning authority or State authority.
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
544
use of cost-effective management mechanisms and innova-
tive 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.
SEC. 3153. SITE MANAGER.
(a) APPOINTMENT.—The Secretary of Energy shall ex-
peditiously 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 operations
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;
545
(B) request that the Department of Energy head-
quarters submit to Congress a reprogramming pack-
age shifting funds among accounts in order to facili-
tate the most efficient and timely environmental res-
toration and waste management of the facility, and,
in the event that the Department headquarters does
not act upon the request within 60 days, submit 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;
(D) manage Department of Energy personnel at
the facility;
(E) consider the costs, risk reduction benefits,
and other benefits for the purposes of ensuring protec-
tion of human health and the environment or safety,
with respect to any environmental remediation activ-
ity the cost of which exceeds $25,000,000; and
(F) have assessments prepared for environmental
restoration activities (in several documents or a single
document, as determined by the Site Manager).
(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
546
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 Secretary
of Energy’s authority to delegate other authorities as nec-
essary.
(c) INFORMATION TO SECRETARY OF ENERGY.—The
Site Manager of a defense nuclear facility shall regularly
inform the Secretary of Energy, Congress, and the advisory
board for the facility of the progress made by the Site Man-
ager to achieve the expedited environmental restoration 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
547
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 nuclear
facility to establish a program at the facility to enhance
the deployment of innovative environmental technologies 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;
548
(3) to enter into contracts and other agreements
with other public and private entities to deploy envi-
ronmental technologies at the facility; and
(4) to include incentives, such as product per-
formance specifications, in contracts to encourage the
implementation of innovative environmental tech-
nologies.
SEC. 3156. PERFORMANCE-BASED CONTRACTING.
(a) PROGRAM.—The Secretary of Energy shall develop
and implement a program for performance-based contract-
ing for contracts entered into for environmental remedi-
ation at defense nuclear facilities. The program shall ensure
that, to the maximum extent practicable and appropriate,
such contracts include the following:
(1) Clearly stated and results oriented perform-
ance criteria and measures.
(2) Appropriate incentives for contractors to
meet and exceed the performance criteria effectively
and efficiently.
(3) Appropriate criteria and incentives for con-
tractors to seek and engage subcontractors who may
more effectively and efficiently perform either unique
and technologically challenging tasks or routine and
interchangeable services.
(4) Specific incentives for cost savings.
549
(5) Financial accountability.
(6) When appropriate, allocation of fee or profit
reduction for failure to meet minimum performance
criteria and standards.
(b) CRITERIA AND MEASURES.—Performance criteria
and measures should take into consideration, at a mini-
mum, the following: managerial control; elimination or re-
duction of risk to public health and the environment; work-
place safety; financial control; goal-oriented work scope; use
of innovative and alternative technologies and techniques
that result in cleanups being performed less expensively,
more quickly, and within quality parameters; and perform-
ing within benchmark cost estimates.
(c) CONSULTATION.—In implementing this section, the
Secretary of Energy shall consult with interested parties.
(d) DEADLINE.—The Secretary of Energy shall imple-
ment this section not later than October 1, 1997, unless the
Secretary submits to Congress before that date a report with
a schedule for completion of action under this section.
SEC. 3157. DESIGNATION OF DEFENSE NUCLEAR FACILI-
TIES AS NATIONAL ENVIRONMENTAL CLEAN-
UP DEMONSTRATION AREAS.
(a) DESIGNATION.—The Secretary of Energy, upon re-
ceipt of a request from a Governor of a State in which a
defense nuclear facility is situated, may designate the facil-
550
ity as a ‘‘National Environmental Cleanup Demonstration
Area’’ to carry out the purposes of this subtitle.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that Federal and State regulatory agencies, members of the
community surrounding the facilities designated under sub-
section (a), and other affected parties should work to develop
expedited and streamlined processes and systems for clean-
ing up the facilities, to eliminate unnecessary bureaucratic
delay, and to proceed expeditiously with environmental res-
toration activities.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1997, $17,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
Subtitle A—Authorization of
Disposals and Use of Funds
SEC. 3301. DEFINITIONS.
In this title:
551
(1) The term ‘‘National Defense Stockpile’’
means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ‘‘National Defense Stockpile Trans-
action Fund’’ means the fund in the Treasury of the
United States established under section 9(a) of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 1997, the National Defense Stockpile Manager may
obligate up to $60,000,000 of the funds in the National De-
fense Stockpile Transaction Fund for the authorized uses
of such funds under section 9(b)(2) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)).
(b) ADDITIONAL OBLIGATIONS.—The National Defense
Stockpile Manager may obligate amounts in excess of the
amount specified in subsection (a) if the National Defense
Stockpile Manager notifies Congress that extraordinary or
emergency conditions necessitate the additional obligations.
The National Defense Stockpile Manager may make the ad-
ditional obligations described in the notification after the
end of the 45-day period beginning on the date Congress
receives the notification.
552
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
Subtitle B—Programmatic Change
SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIRE-
MENTS.
(a) NATIONAL
EMERGENCY
PLANNING
ASSUMP-
TIONS.—Section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h–5) is amended—
(1) by redesignating subsection (c) as subsection
(e); and
(2) by striking out subsection (b) and inserting
in lieu thereof the following new subsection:
‘‘(b) Each report under this section shall set forth the
national emergency planning assumptions used by the Sec-
retary in making the Secretary’s recommendations under
subsection (a)(1) with respect to stockpile requirements. The
Secretary shall base the national emergency planning as-
sumptions on a military conflict scenario consistent with
the scenario used by the Secretary in budgeting and defense
planning purposes. The assumptions to be set forth include
assumptions relating to each of the following:
‘‘(1) The length and intensity of the assumed
military conflict.
‘‘(2) The military force structure to be mobilized.
553
‘‘(3) The losses anticipated from enemy action.
‘‘(4) The military, industrial, and essential civil-
ian requirements to support the national emergency.
‘‘(5) The availability of supplies of strategic and
critical materials from foreign sources during the mo-
bilization period, the military conflict, and the subse-
quent period of replenishment, taking into consider-
ation possible shipping losses.
‘‘(6) The domestic production of strategic and
critical materials during the mobilization period, the
military conflict, and the subsequent period of replen-
ishment, taking into consideration possible shipping
losses.
‘‘(7) Civilian austerity measures required during
the mobilization period and military conflict.
‘‘(c) The stockpile requirements shall be based on those
strategic and critical materials necessary for the United
States to replenish or replace, within three years of the end
of the military conflict scenario required under subsection
(b), all munitions, combat support items, and weapons sys-
tems that would be consumed or exhausted during such a
military conflict.
‘‘(d) The Secretary shall also include in each report
under this section an examination of the effect that alter-
native mobilization periods under the military conflict sce-
554
nario required under subsection (b), as well as a range of
other military conflict scenarios addressing potentially
more serious threats to national security, would have on
the Secretary’s recommendations under subsection (a)(1)
with respect to stockpile requirements.’’.
(b) CONFORMING AMENDMENT.—Section 2 of such Act
(50 U.S.C. 98a) is amended by striking out subsection (c)
and inserting in lieu thereof the following new subsection:
‘‘(c) The purpose of the National Defense Stockpile is
to serve the interest of national defense only. The National
Defense Stockpile is not to be used for economic or budg-
etary purposes.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 1996.
SEC. 3312. NOTIFICATION REQUIREMENTS.
(a) PROPOSED
CHANGES
IN
STOCKPILE
QUAN-
TITIES.—Section 3(c)(2) of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98b(c)(2)) is amended—
(1) by striking out ‘‘effective on or after the 30th
legislative day following’’ and inserting in lieu thereof
‘‘after the end of the 45-day period beginning on’’;
and
(2) by striking out the last sentence.
(b) WAIVER OF ACQUISITION AND DISPOSAL REQUIRE-
MENTS.—Section 6(d)(1) of such Act (50 U.S.C. 98e(d)(1))
555
is amended by striking out ‘‘thirty days’’ and inserting in
lieu thereof ‘‘45 days’’.
(c) TIME TO BEGIN DISPOSAL.—Section 6(d)(2) of
such Act (50 U.S.C. 98e(d)(2)) is amended by striking out
‘‘thirty days’’ and inserting in lieu thereof ‘‘45 days’’.
SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MA-
TERIALS.
Section 13 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h–4) is amended—
(1) by striking out ‘‘as a Communist-dominated
country or area’’; and
(2) by striking out ‘‘such Communist-dominated
countries or areas’’ and inserting in lieu thereof ‘‘a
country or area listed in such general note’’.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $149,500,000 for fiscal year 1997 for
the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval petro-
leum reserves (as defined in section 7420(2) of such title).
Funds appropriated pursuant to such authorization shall
remain available until expended.