H. R. 3230—396
if the Secretary of the Interior, in consultation with the Secretary
of the Navy, determines that—
(1) decontamination or remediation of the lands is prac-
ticable and economically feasible, taking into consideration the
potential future use and value of the land; and
(2) upon decontamination or remediation, the land could
be opened to the operation of some or all of the public land
laws, including the mining laws.
(d) DECONTAMINATION AND REMEDIATION ACTIVITIES SUBJECT
TO OTHER LAWS.—The activities of the Secretary of the Navy under
subsection (c) are subject to applicable laws and regulations, includ-
ing the Defense Environmental Restoration Program established
under section 2701 of title 10, United States Code, the Comprehen-
sive Environmental Response Compensation and Liability Act of
1980 (42 U.S.C. 9601 et seq.), and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.).
(e) AUTHORITY
OF SECRETARY
OF
THE INTERIOR TO REFUSE
CONTAMINATED LANDS.—The Secretary of the Interior shall not
be required to accept lands specified in a relinquishment notice
if the Secretary of the Interior, after consultation with the Secretary
of the Navy, concludes that—
(1) decontamination or remediation of any land subject
to the relinquishment notice is not practicable or economically
feasible;
(2) the land cannot be decontaminated or remediated
sufficiently to be opened to operation of some or all of the
public land laws; or
(3) a sufficient amount of funds are not appropriated for
the decontamination of the land.
(f) STATUS OF CONTAMINATED LANDS.—If, because of the condi-
tion of the lands, the Secretary of the Interior declines to accept
jurisdiction of lands proposed for relinquishment or, if at the expira-
tion of the withdrawal made under this subtitle, the Secretary
of the Interior determines that some of the lands withdrawn under
this subtitle are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land laws—
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall retain jurisdiction over the withdrawn lands,
but shall undertake no activities on such lands except in connec-
tion with the decontamination or remediation of such
lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken under paragraphs (1)
and (2).
(g) SUBSEQUENT DECONTAMINATION OR REMEDIATION.—If lands
covered by subsection (f) are subsequently decontaminated or
remediated and the Secretary of the Navy certifies that the lands
are safe for nonmilitary uses, the Secretary of the Interior shall
reconsider accepting jurisdiction over the lands.
(h) REVOCATION AUTHORITY.—Notwithstanding any other provi-
sion of law, upon deciding that it is in the public interest to
accept jurisdiction over lands specified in a relinquishment notice,
the Secretary of the Interior may revoke the withdrawal and
H. R. 3230—397
reservation made under this subtitle as it applies to such lands.
If the decision be made to accept the relinquishment and to revoke
the withdrawal and reservation, the Secretary of the Interior shall
publish in the Federal Register an appropriate order which shall—
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction over
the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened
to the operation of the public land laws, including the mining
laws, if appropriate.
SEC. 2929. DELEGATION OF AUTHORITY.
(a) DEPARTMENT OF THE NAVY.—The functions of the Secretary
of the Navy under this subtitle may be delegated.
(b) DEPARTMENT OF THE INTERIOR.—The functions of the Sec-
retary of the Interior under this subtitle may be delegated, except
that an order described in section 2928(h) may be approved and
signed only by the Secretary of the Interior, the Deputy Secretary
of the Interior, or an Assistant Secretary of the Department of
the Interior.
SEC. 2930. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
under this subtitle shall be conducted in accordance with section
2671 of title 10, United States Code.
SEC. 2931. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal leas-
ing activity on lands withdrawn and reserved under this subtitle
shall indemnify the United States against any costs, fees, damages,
or other liabilities (including costs of litigation) incurred by the
United States and arising from or relating to such mining activities,
including costs of mineral materials disposal, whether arising under
the Comprehensive Environmental Response Compensation and
Liability Act of 1980, the Solid Waste Disposal Act, or otherwise.
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL
SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
H. R. 3230—398
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department of
Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and development
purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with People’s Republic
of China.
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense environmental
management funds.
Sec. 3140. Management structure for nuclear weapons production facilities and
nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste at the
defense waste processing facility, Savannah River Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and spent nuclear
fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear facilities.
Sec. 3144. Payment of costs of operation and maintenance of infrastructure at
Nevada Test Site.
Subtitle D—Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing plans.
Sec. 3152. Amendments relating to baseline environmental management reports.
Sec. 3153. Requirement to develop future use plans for environmental management
program.
Sec. 3154. Report on Department of Energy liability at Department superfund
sites.
Sec. 3155. Requirement for annual five-year budget for the national security
programs of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for Department
of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons laboratories and
nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement regarding
proposed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense environmental
restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of remaining nuclear
forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement Project,
Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to Department of
Energy nuclear weapons complex.
Subtitle E—Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup demonstra-
tion areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
H. R. 3230—399
Subtitle F—Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Sense of Congress on commencement of emplacement of transuranic
waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous payments.
Subtitle A—National Security Programs
Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE STEWARDSHIP.—Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for stockpile stewardship in carrying
out weapons activities necessary for national security programs
in the amount of $1,661,767,000, to be allocated as follows:
(1) For core stockpile stewardship, $1,235,907,000, to be
allocated as follows:
(A) For operation and maintenance, $1,147,570,000.
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior 
years, 
and 
land 
acquisition 
related 
thereto),
$88,337,000, to be allocated as follows:
Project 96–D–102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $19,250,000.
Project 96–D–103, ATLAS, Los Alamos National
Laboratory, Los Alamos, New Mexico, $15,100,000.
Project 96–D–104, processing and environmental
technology laboratory (PETL), Sandia National Labora-
tories, Albuquerque, New Mexico, $14,100,000.
Project 96–D–105, contained firing facility addi-
tion, Lawrence Livermore National Laboratory, Liver-
more, California, $17,100,000.
Project 
95–D–102, 
Chemical 
and 
Metallurgy
Research Building upgrades project, Los Alamos Na-
tional 
Laboratory, 
Los 
Alamos, 
New 
Mexico,
$15,000,000.
Project 94–D–102, nuclear weapons research,
development, and testing facilities revitalization, Phase
V, various locations, $7,787,000.
(2) For inertial fusion, $366,460,000, to be allocated
as follows:
(A) For operation and maintenance, $234,560,000.
(B) For the following plant project (including mainte-
nance, restoration, planning, construction, acquisition, and
modification of facilities, and land acquisition related there-
to), $131,900,000 to be allocated as follows:
Project 96–D–111, national ignition facility, loca-
tion to be determined, $131,900,000.
(3) For technology transfer and education, $59,400,000.
H. R. 3230—400
(b) STOCKPILE MANAGEMENT.—Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for stockpile management in carrying
out weapons activities necessary for national security programs
in the amount of $1,962,831,000, to be allocated as follows:
(1) For operation and maintenance, $1,868,470,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities,
and the continuation of projects authorized in prior years, and
land acquisition related thereto), $94,361,000, to be allocated
as follows:
Project 97–D–121, consolidated pit packaging system,
Pantex Plant, Amarillo, Texas, $870,000.
Project 97–D–122, nuclear materials storage facility
renovation, Los Alamos National Laboratory, Los Alamos,
New Mexico, $4,000,000.
Project 97–D–123, structural upgrades, Kansas City
Plant, Kansas City, Missouri, $1,400,000.
Project 97–D–124, steam plant wastewater treatment
facility upgrade, Y–12 Plant, Oak Ridge, Tennessee,
$600,000.
Project 96–D–122, sewage treatment quality upgrade
(STQU), Pantex Plant, Amarillo, Texas, $100,000.
Project 96–D–123, retrofit heating, ventilation, and air
conditioning and chillers for ozone protection, Y–12 Plant,
Oak Ridge, Tennessee, $7,000,000.
Project 96–D–125, Washington measurements oper-
ations facility, Andrews Air Force Base, Camp Springs,
Maryland, $3,825,000.
Project 95–D–122, sanitary sewer upgrade, Y–12 Plant,
Oak Ridge, Tennessee, $10,900,000.
Project 94–D–124, hydrogen fluoride supply system,
Y–12 Plant, Oak Ridge, Tennessee, $4,900,000.
Project 94–D–125, upgrade life safety, Kansas City
Plant, Kansas City, Missouri, $5,200,000.
Project 94–D–127, emergency notification system,
Pantex Plant, Amarillo, Texas, $2,200,000.
Project 93–D–122, life safety upgrades, Y–12 Plant,
Oak Ridge, Tennessee, $7,200,000.
Project 
93–D–123, 
complex-21, 
various 
locations,
$14,487,000.
Project 
88–D–122, 
facilities 
capability 
assurance
program, various locations, $21,940,000.
Project 88–D–123, security enhancement, Pantex
Plant, Amarillo, Texas, $9,739,000.
(c) PROGRAM DIRECTION.—Subject to subsection (d), funds are
hereby authorized 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 $313,404,000.
(d) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in subsections (a) through (c) reduced by
$20,000,000 for use of prior year balances.
H. R. 3230—401
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGE-
MENT.
(a) ENVIRONMENTAL RESTORATION.—Subject to subsection (j),
funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1997 for environmental restoration in
carrying out environmental restoration and waste management
activities necessary for national security programs in the amount
of $1,762,194,000, of which $376,648,000 shall be allocated to the
uranium enrichment decontamination and decommissioning fund.
(b) WASTE MANAGEMENT.—Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of Energy
for fiscal year 1997 for waste management in carrying out environ-
mental restoration and waste management activities necessary for
national security programs in the amount of $1,578,653,000, to
be allocated as follows:
(1) For operation and maintenance, $1,490,326,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities,
and the continuation of projects authorized in prior years, and
land acquisition related thereto), $88,327,000, to be allocated
as follows:
Project 97–D–402, tank farm restoration and safe oper-
ations, Richland, Washington, $7,584,000.
Project 
96–D–408, 
waste 
management 
upgrades,
various locations, $11,246,000.
Project 95–D–402, install permanent electrical service,
Waste Isolation Pilot Plant, Carlsbad, New Mexico,
$752,000.
Project 95–D–405, industrial landfill V and construc-
tion/demolition landfill VII, Y–12 Plant, Oak Ridge,
Tennessee, $200,000.
Project 94–D–404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $6,345,000.
Project 94–D–407, initial tank retrieval systems, Rich-
land, Washington, $12,600,000.
Project 93–D–182, replacement of cross-site transfer
system, Richland, Washington, $8,100,000.
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 evapo-
rator, Savannah River Site, Aiken, South Carolina,
$11,500,000.
Project 86–D–103, decontamination and waste treat-
ment facility, Lawrence Livermore National Laboratory,
Livermore, California, $10,000,000.
(c) NUCLEAR MATERIALS AND FACILITIES STABILIZATION.—Sub-
ject to subsection (j), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1997 for nuclear mate-
rials and facilities stabilization in carrying out environmental res-
toration and waste management activities necessary for national
security programs in the amount of $1,291,290,000 to be allocated
as follows:
(1) For operation and maintenance, $1,173,718,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities,
H. R. 3230—402
and the continuation of projects authorized in prior years, and
land acquisition related thereto), $117,572,000, to be allocated
as follows:
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 ventilation
upgrades, Richland, Washington, $1,500,000.
Project 97–D–470, environmental monitoring labora-
tory, Savannah River Site, Aiken, South Carolina,
$2,500,000.
Project 97–D–473, health physics site support facility,
Savannah River Site, Aiken, South Carolina, $2,000,000.
Project 96–D–406, spent nuclear fuels canister storage
and 
stabilization 
facility, 
Richland, 
Washington,
$60,672,000.
Project 96–D–461, electrical distribution upgrade,
Idaho National Engineering Laboratory, Idaho, $6,790,000.
Project 96–D–464, electrical and utility systems
upgrade, Idaho Chemical Processing Plant, Idaho National
Engineering Laboratory, Idaho, $10,440,000.
Project 96–D–471, chlorofluorocarbon heating, ventila-
tion, and air conditioning and chiller retrofit, Savannah
River Site, Aiken, South Carolina, $8,541,000.
Project 95–E–600, hazardous materials management
and 
emergency 
response 
training 
center, 
Richland,
Washington, $7,900,000.
Project 95–D–155, upgrade site road infrastructure,
Savannah River Site, South Carolina, $4,137,000.
Project 95–D–456, security facilities consolidation,
Idaho Chemical Processing Plant, Idaho National Engineer-
ing Laboratory, Idaho, $4,645,000.
Project 94–D–401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $547,000.
(d) PROGRAM DIRECTION.—Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of Energy
for fiscal year 1997 for program direction in carrying out environ-
mental restoration and waste management activities necessary for
national security programs in the amount of $411,511,000.
(e) TECHNOLOGY
DEVELOPMENT.—Subject to subsection (j),
funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1997 for technology development in carry-
ing out environmental restoration and waste management activities
necessary for national security programs in the amount of
$303,771,000.
(f) POLICY AND MANAGEMENT.—Subject to subsection (j), 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 security programs in the amount of
$23,155,000.
(g) ENVIRONMENTAL SCIENCE PROGRAM.—Subject to subsection
(j), funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1997 for the environmental science
program in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $62,136,000.
H. R. 3230—403
(h) ENVIRONMENTAL MANAGEMENT PRIVATIZATION.—Subject to
subsection (j), funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1997 for environmental
management privatization in carrying out environmental restora-
tion and waste management activities necessary for national
security programs in the amount of $185,000,000.
(i) CLOSURE PROJECTS.—Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of Energy
for fiscal year 1997 for closure projects selected under section 3143
in the amount of $50,000,000.
(j) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts
authorized to be appropriated in subsections (a) through (i) reduced
by the sum of—
(1) $150,400,000, for use of prior year balances; and
(2) $8,000,000, for Savannah River Pension Refund.
SEC. 3103. DEFENSE FIXED ASSET ACQUISITION/PRIVATIZATION.
Funds are hereby authorized to be appropriated to the Depart-
ment 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.
(a) IN GENERAL.—Subject to subsection (b), 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 $1,590,231,000,
to be allocated as follows:
(1) For verification and control technology, $456,348,000,
to be allocated as follows:
(A) For nonproliferation and verification research and
development, $204,919,000.
(B) For arms control, $216,244,000.
(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.
(5) For program direction, $88,122,000.
(6) For international nuclear safety, $15,200,000.
(7) 
For 
environment, 
safety, 
and 
health, 
defense,
$63,800,000.
(8) For worker and community transition assistance,
$67,000,000.
(9) For fissile materials disposition, $93,796,000, to be
allocated as follows:
(A) For operation and maintenance, $76,796,000.
(B) For the following plant project (including mainte-
nance, restoration, planning, construction, acquisition, and
modification of facilities, and land acquisition related
thereto):
Project 97–D–140, consolidated special nuclear
materials storage facility, site to be determined,
$17,000,000.
(10) For nuclear security/Russian production reactor shut-
down, $6,000,000.
(11) For naval reactors development, $681,932,000, to be
allocated as follows:
(A) For operation and infrastructure, $649,330,000.
H. R. 3230—404
(B) For program direction, $18,902,000.
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation 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 reactor 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 reactor radio-
active 
waste 
system 
upgrades, 
Idaho 
National
Engineering Laboratory, Idaho, $500,000.
Project 90–N–102, expended core facility dry cell
project, Naval Reactors Facility, Idaho, $8,000,000.
(b) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in paragraphs (1) through (10) of subsection
(a) reduced by $25,500,000 for use of prior year balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1997 for payment to the Nuclear
Waste Fund established in section 302(c) of the 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 submits to
the congressional defense committees the report referred to in sub-
section (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 authorized 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 circumstances relied upon
in support of such proposed action.
(2) In the computation of the 30-day period under subsection
(a), 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.
(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.
H. R. 3230—405
(2) Funds appropriated pursuant to this title may not be used
for an item for which Congress has specifically denied 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 construc-
tion of any general plant project authorized by this title, the esti-
mated 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 committees explaining the reasons for the
cost variation.
(c) REPORT ON PERMANENT AUTHORIZATION OF APPROPRIATIONS
FOR GENERAL PLANT PROJECTS.—(1) Not later than February 1,
1997, the Secretary of Energy shall submit to the congressional
defense committees a report on the desirability of a permanent
authorization of appropriations for the defense general plant
projects and civilian general plant projects of the Department of
Energy.
(2) If the Secretary determines for purposes of the report under
paragraph (1) that a permanent authorization of appropriations
is desirable, the report shall include—
(A) recommendations for legislation to provide for a perma-
nent authorization of appropriations, including a formula for
adjusting for inflation the amount authorized to be appropriated
for the projects to be covered by such authorization of appropria-
tions; and
(B) a description of the actions to be undertaken by the
Secretary to control costs with respect to such projects, includ-
ing any actions that may depend on the size, nature, or scope
of the project concerned.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in paragraph (2),
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above
the total estimated cost, whenever the 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 justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if—
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on
which the report is received by the committees.
(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.
H. R. 3230—406
(b) EXCEPTION.—Subsection (a) shall not apply to any construc-
tion project which has a current estimated cost of less than
$5,000,000.
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 avail-
able for the same purposes and for the same period as the authoriza-
tions 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 avail-
able for the same purposes and for the same period as the authoriza-
tion to which the amounts are transferred.
(2) Not more than five percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased 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 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 Representa-
tives of any transfer of funds to or from authorizations under
this title.
SEC. 3125. AUTHORITY 
FOR 
CONCEPTUAL 
AND 
CONSTRUCTION
DESIGN.
(a) REQUIREMENT
FOR CONCEPTUAL DESIGN.—(1) Subject to
paragraph (2) and except as provided in paragraph (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 Secretary of Energy shall complete a conceptual
design for that project. The Secretary shall submit to Congress
a report on each conceptual design completed under this paragraph.
(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—
(A) for a construction project the total estimated cost of
which is less than $2,000,000; or
(B) for emergency planning, design, and construction activi-
ties under section 3126.
(b) AUTHORITY
FOR CONSTRUCTION DESIGN.—(1) Within the
amounts authorized by this title, the Secretary of Energy may
H. R. 3230—407
carry out construction design (including architectural and engineer-
ing 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 connec-
tion with any construction project exceeds $600,000, funds for such
design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, 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 authorized to be appropriated
for advance planning and construction design under sections 3101,
3102, and 3103, to perform planning, design, and construction
activities for any Department of Energy national security program
construction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and 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 construction project until
the Secretary has submitted to the congressional defense commit-
tees 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 
SECURITY
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 connection with all national security
programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriations Act, amounts appro-
priated for operation and maintenance or for plant projects may
remain available until expended.
Subtitle C—Program Authorizations,
Restrictions, and Limitations
SEC. 3131. STOCKPILE STEWARDSHIP PROGRAM.
(a) PURPOSE.—The purpose of this section is to provide for
the enhanced implementation of the Department of Energy stockpile
stewardship and management program, in order to provide greater
confidence in the safety and continuing reliability of the nuclear
weapons stockpile.
(b) FUNDING.—Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101, $85,000,000
shall be available to enhance the Department’s stockpile steward-
ship and management program for activities determined appro-
priate by the Secretary of Energy, including the following:
(1) Enhanced surveillance of the nuclear weapons stockpile.
H. R. 3230—408
(2) Dual revalidation of the warheads in the nuclear
weapons stockpile.
(3) Stockpile life extension programs.
(4) Production capability assurance programs for critical
non-nuclear components.
(5) Accelerating capability to produce prototype war
reserve-quality plutonium pits.
(6) Conducting subcritical tests.
(c) REPORT.—Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to
the congressional defense committees a report on the obligations
the Secretary has incurred, and plans to incur, during fiscal year
1997 for the funds made available by subsection (b).
SEC. 3132. MANUFACTURING 
INFRASTRUCTURE 
FOR 
NUCLEAR
WEAPONS STOCKPILE.
(a) GENERAL PROGRAM REQUIREMENTS.—Subsection (a) of sec-
tion 3137 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 620; 42 U.S.C. 2121
note) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Energy’’;
(2) by redesignating paragraphs (1) through (5) as subpara-
graphs (A) through (E), respectively; and
(3) by adding at the end the following:
‘‘(2) The purpose of the program carried out under paragraph
(1) shall also be to develop manufacturing capabilities and capacities
necessary to meet the requirements specified in the annual Nuclear
Weapons Stockpile Review.’’.
(b) REQUIRED CAPABILITIES.—Subsection (b)(3) of such section
is amended to read as follows:
‘‘(3) The capabilities of the Savannah River Site relating
to tritium recycling and fissile materials components processing
and fabrication.’’.
(c) PLAN
AND REPORT.—Not later than March 1, 1997, the
Secretary of Energy shall submit to Congress a report containing
a plan for carrying out the program established under section
3137(a) of the National Defense Authorization Act for Fiscal Year
1996, as amended by this section. The report shall set forth the
obligations that the Secretary has incurred, and proposes to incur,
during fiscal year 1997 in carrying out the program.
(d) FUNDING.—Of the funds authorized to be appropriated
pursuant to section 3101, $90,000,000 shall be available for carrying
out the program established under section 3137(a) of the National
Defense Authorization Act for Fiscal Year 1996, as so amended.
SEC. 3133. TRITIUM PRODUCTION.
(a) ACCELERATION OF TRITIUM PRODUCTION.—(1) The Secretary
of Energy shall, during fiscal year 1997, make a final decision
on the technologies to be utilized, and the accelerated schedule
to be adopted, for tritium production in order to meet the require-
ments of the Nuclear Weapons Stockpile Memorandum relating
to tritium production, including the new tritium production date
of 2005 specified in the Nuclear Weapons Stockpile Memorandum.
(2) In making the final decision, the Secretary shall take into
account the following:
(A) The requirements for tritium production specified in
the Nuclear Weapons Stockpile Memorandum, including, in
H. R. 3230—409
particular, the requirements for the ‘‘upload hedge’’ component
of the nuclear weapons stockpile.
(B) The ongoing activities of the Department of Energy
relating to the evaluation and demonstration of technologies
under the accelerator reactor program and the commercial light
water reactor program.
(b) REPORT.—(1) Not later than April 15, 1997, the Secretary
shall submit to Congress a report that sets forth the final decision
of the Secretary under subsection (a)(1). The report shall set forth
in detail—
(A) the technologies decided on under that subsection; and
(B) the accelerated schedule for the production of tritium
decided on under that subsection.
(2) If the Secretary determines that it is not possible to make
the final decision by the date specified in paragraph (1), the Sec-
retary shall submit to Congress on that date a report that explains
in detail why the final decision cannot be made by that date.
(c) NEW TRITIUM PRODUCTION FACILITY.—The Secretary shall
commence planning and design activities and infrastructure devel-
opment for a new tritium production facility.
(d) IN-REACTOR TESTS.—The Secretary may perform in-reactor
tests of tritium target rods as part of the activities carried out
under the commercial light water reactor program.
(e) FUNDING.—Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101(b)(1),
$160,000,000 shall be available for activities related to tritium
production.
SEC. 3134. MODERNIZATION 
AND 
CONSOLIDATION 
OF 
TRITIUM
RECYCLING FACILITIES.
(a) IN GENERAL.—The Secretary of Energy shall carry out
activities at the Savannah River Site, South Carolina, to—
(1) modernize and consolidate the facilities for recycling
tritium from weapons; and
(2) provide a modern tritium extraction facility so as to
ensure that such facilities have a capacity to recycle tritium
from weapons that is adequate to meet the requirements for
tritium for weapons specified in the Nuclear Weapons Stockpile
Memorandum.
(b) FUNDING.—Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101, not more
than $9,000,000 shall be available for activities under subsection
(a).
SEC. 3135. PRODUCTION OF HIGH EXPLOSIVES.
No funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1997 or any prior fiscal year
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,
Amarillo, Texas, to any other site or facility.
SEC. 3136. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH
AND DEVELOPMENT PURPOSES.
(a) LIMITATION.—No funds authorized to be appropriated or
otherwise made available to the Department of Energy for fiscal
year 1997 under section 3101 may be obligated or expended for
activities under the Department of Energy Laboratory Directed