H. R. 3230—410
Research and Development Program, or under any Department
of Energy technology transfer program or cooperative research and
development agreement, unless such activities support the national
security mission of the Department of Energy.
(b) ANNUAL
REPORT.—(1) The Secretary of Energy shall
annually submit to the congressional defense committees a report
on the funds expended during the preceding fiscal year on activities
under the Department of Energy Laboratory Directed Research
and Development Program. The purpose of the report is to permit
an assessment of the extent to which such activities support the
national security mission of the Department of Energy.
(2) Each report shall be prepared by the officials responsible
for Federal oversight of the funds expended on activities under
the program.
(3) Each report shall set forth the criteria utilized by the
officials preparing the report in determining whether or not the
activities reviewed by such officials support the national security
mission of the Department.
SEC. 3137. PROHIBITION 
ON 
FUNDING 
NUCLEAR 
WEAPONS
ACTIVITIES WITH PEOPLE’S REPUBLIC OF CHINA.
(a) FUNDING PROHIBITION.—No funds authorized to be appro-
priated or otherwise available to the Department of Energy for
fiscal year 1997 may be obligated or expended for any activity
associated with the conduct of cooperative 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 prepare, 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 weap-
ons matters that have occurred 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 information or unclassified controlled
information was or will be revealed, and a determination of
whether classified information or unclassified controlled
information 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 January 15, 1997.
SEC. 3138. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP
PROGRAMS.
(a) FUNDING PROHIBITION.—No funds authorized to be appro-
priated or otherwise available to the Department of Energy for
fiscal year 1997 may be obligated or expended to conduct any
activities associated with international cooperative stockpile
stewardship.
(b) EXCEPTION.—Subsection (a) does not apply—
H. R. 3230—411
(1) with respect to such activities conducted between the
United States and the United Kingdom and between the United
States and France; and
(2) to activities carried out under title XV of this Act
(relating to cooperative threat reduction with states of the
former Soviet Union).
SEC. 3139. TEMPORARY AUTHORITY RELATING TO TRANSFERS OF
DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) TRANSFER
AUTHORITY
FOR
DEFENSE
ENVIRONMENTAL
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the
manager of each field office of the Department of Energy with
the authority to transfer defense 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 made
only once in a fiscal year to or from a program or project, and
the amount transferred to or from a 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 determines that such
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of defense environ-
mental management funds at that field office.
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—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 Environmental 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 Congress 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 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 carried out by the
office.
(C) A project or program not described in subparagraph
(A) or (B) that is for environmental restoration or waste
management activities necessary for national security pro-
grams of the Department of Energy, that is being carried
out by the office, and for which defense environmental
management funds have been authorized and appropriated
before the date of the enactment of this Act.
(2) The term ‘‘defense environmental management funds’’
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national
security programs.
H. R. 3230—412
(g) DURATION OF AUTHORITY.—The authority provided 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.
(h) REPORT.—Not later than September 1, 1997, the Secretary
of Energy shall submit to the congressional defense committees
a report on the effectiveness of the authority provided under sub-
section (a) in meeting an objective specified in subsection (b). The
report shall include recommendations on whether the duration of
the authority, as provided in subsection (g), should be extended.
SEC. 3140. MANAGEMENT 
STRUCTURE 
FOR 
NUCLEAR 
WEAPONS
PRODUCTION 
FACILITIES 
AND 
NUCLEAR 
WEAPONS
LABORATORIES.
(a) LIMITATION ON DELEGATION OF AUTHORITY.—(1) The Sec-
retary of Energy, in carrying out national security programs, may
delegate specific management and 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
Programs. Such Assistant Secretary may redelegate such authority
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 affecting the
delegation by the Secretary of Energy of authority relating to report-
ing, management, and oversight of matters relating to the Depart-
ment of Energy generally, or safety, environment, and health at
such facilities and laboratories.
(b) REQUIREMENT TO CONSULT WITH AREA OFFICES.—The
Assistant Secretary of Energy for Defense Programs, in exercising
any delegated authority to oversee management of matters relating
to site operation of a facility 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 laboratory.
(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 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
Defense Programs, without obtaining the approval or concurrence
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 national security func-
tions of the Department of Energy.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the plan developed under paragraph (1). The report shall specifically
identify all significant functions 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 covered by this section; or
(B) by the Assistant Secretary of Energy for Defense
Programs.
H. R. 3230—413
(3) The report also shall address and make recommendations
with respect to other internal streamlining and reorganization
initiatives that the Department could pursue with respect to mili-
tary or national security programs.
(e) DEFENSE PROGRAMS MANAGEMENT COUNCIL.—The Secretary
of Energy shall establish a council to be known as the ‘‘Defense
Programs Management Council’’. The Council shall advise the Sec-
retary on policy matters, operational concerns, strategic planning,
and development of priorities relating to the national security func-
tions of the Department of Energy. The Council shall be composed
of the directors of the facilities and laboratories covered by this
section and shall report directly to the Assistant Secretary 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, budget, and procurement
in national security programs.
(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, Missouri.
(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 Alamos, New
Mexico.
(6) Sandia National Laboratories, Albuquerque, New
Mexico.
(7) Lawrence Livermore National Laboratory, Livermore,
California.
(8) The Nevada Test Site, Nevada.
SEC. 3141. ACCELERATED SCHEDULE FOR ISOLATING HIGH-LEVEL
NUCLEAR WASTE AT THE DEFENSE WASTE PROCESSING
FACILITY, SAVANNAH RIVER SITE.
The Secretary of Energy shall accelerate the schedule for the
isolation of high-level nuclear waste in glass canisters at the
Defense Waste Processing Facility at the Savannah River Site,
South Carolina, if the Secretary determines that the acceleration
of such schedule—
(1) will achieve long-term cost savings to the Federal
Government; and
(2) could accelerate the removal and isolation of high-level
nuclear waste from long-term storage tanks at the site.
SEC. 3142. PROCESSING AND TREATMENT OF HIGH-LEVEL NUCLEAR
WASTE AND SPENT NUCLEAR FUEL RODS.
(a) IN GENERAL.—(1) In order to provide for an effective
response to requirements for managing the spent nuclear fuel
described in paragraph (2), there shall be available to the Secretary
of Energy, from amounts authorized to be appropriated pursuant
to section 3102(c), the following amounts for the purposes stated:
(A) Not more than $43,000,000 for the development and
implementation of a program to accelerate the receipt, process-
ing (including the H-canyon restart operations), reprocessing,
separation, reduction, deactivation, stabilization, isolation, and
interim storage of high-level nuclear waste associated with