H. R. 3230—418
(3) Siting, capacity for expansion, and other issues 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. 3152. AMENDMENTS RELATING TO BASELINE ENVIRONMENTAL
MANAGEMENT REPORTS.
Section 3153 of the National Defense Authorization Act for
Fiscal Year 1994 (42 U.S.C. 7274k) is amended—
(1) in subsection (b)—
(A) by striking out the first word in the heading and
inserting in lieu thereof ‘‘BIENNIAL’’; and
(B) in paragraph (2)(B), by inserting before ‘‘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 ‘‘BIENNIAL’’;
(B) in paragraph (1)(B), by striking out ‘‘in each year
thereafter’’ and inserting in lieu thereof ‘‘in each odd-num-
bered year thereafter’’; and
(C) in paragraph (2)(A)—
(i) in the matter preceding clause (i), by striking
out ‘‘fiscal year immediately’’ and inserting in lieu
thereof ‘‘two fiscal years immediately’’; and
(ii) in clause (ii), by striking out ‘‘prior fiscal year’’
and inserting in lieu thereof ‘‘prior fiscal years’’.
SEC. 3153. REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR
ENVIRONMENTAL MANAGEMENT PROGRAM.
(a) AUTHORITY TO DEVELOP FUTURE USE PLANS.—The Sec-
retary of Energy 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 Sec-
retary 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) CITIZEN ADVISORY BOARD.—(1) At each defense nuclear facil-
ity for which the Secretary of Energy intends or is required to
develop a future use plan under this section and for which no
citizen advisory board has been established, the Secretary shall
establish a citizen advisory board.
(2) The Secretary may authorize the manager of a defense
nuclear facility for which a future use plan is developed under
this section (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 citizen advisory board estab-
lished for that facility. Such payments shall be made from funds
available to the Secretary for program direction in carrying out
environmental restoration and waste management activities nec-
essary for national security programs.
(d) REQUIREMENT
TO
CONSULT
WITH
CITIZEN
ADVISORY
BOARD.—In developing a future use plan under this section with
respect to a defense nuclear facility, the Secretary of Energy shall
H. R. 3230—419
consult with a citizen advisory board established pursuant to sub-
section (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 facility listed in subsection (b), the
Secretary of Energy shall develop a draft future use plan by October
1, 1997, and a final future use plan by March 15, 1998.
(g) REPORT.—Not later than 60 days after completing develop-
ment of a final plan for a site listed in subsection (b), the Secretary
of Energy shall submit to Congress a report on the plan. The
report shall describe the plan and contain such findings and rec-
ommendations 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 with respect to a defense nuclear
facility 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 manage-
ment activity or project or to modify or otherwise 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 construed to preempt or impair any
local land use planning or zoning authority or State authority.
SEC. 3154. REPORT ON DEPARTMENT OF ENERGY LIABILITY AT
DEPARTMENT SUPERFUND SITES.
(a) STUDY.—The Secretary of Energy shall, using funds author-
ized to be appropriated to the Department of Energy by section
3102, carry out a study to determine the extent and valuation
of the injury to, destruction of, or loss of natural resources under
section 107(a)(4)(C) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C))
at each site controlled or operated by the Department that is
or is anticipated to become subject to the provisions of that Act.
(b) CONDUCT
OF STUDY.—(1) The Secretary shall carry out
the study using personnel of the Department or by contract with
an appropriate private entity.
(2) In determining the extent and valuation of the injury to,
destruction of, or loss of natural resources for purposes of the
study, the Secretary shall—
(A) treat the Department as a private person liable for
response, removal, and remediation costs and damages under
section 107(a)(4) of that Act (42 U.S.C. 9607(a)(4)) and subject
to an action for damages by public trustees of natural resources
under section 107(f) of that Act (42 U.S.C. 9607(f)) or by any
other person pursuant to section 107(e) or 113(f) of that Act
(42 U.S.C. 9607(e) and 9613(f)); and
(B) determine the value of natural resource damages associ-
ated with each site in accordance with all regulations promul-
gated under section 301(c) of that Act (42 U.S.C. 9651(c)).
H. R. 3230—420
(c) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report on
the study carried out under subsection (a) to the following
committees:
(1) The Committees on Environment and Public Works,
Armed Services, and Energy and Natural Resources of the
Senate.
(2) The Committees on Commerce, National Security,
Transportation and Infrastructure, and Resources of the House
of Representatives.
SEC. 3155. REQUIREMENT FOR ANNUAL FIVE-YEAR BUDGET FOR THE
NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT
OF ENERGY.
(a) REQUIREMENT.—The Secretary of Energy shall prepare each
year a budget for the national security programs of the Department
of Energy for the five-year period beginning in the year the budget
is prepared. Each budget shall contain the estimated expenditures
and proposed appropriations necessary to support the programs,
projects, and activities of the national security programs during
the five-year period covered by the budget and shall be at a level
of detail comparable to that contained in the budget submitted
by the President to Congress under section 1105 of title 31, United
States Code.
(b) SUBMITTAL.—The Secretary shall submit each year to the
congressional defense committees the budget required under sub-
section (a) in that year at the same time as the President submits
to Congress the budget for the coming fiscal year pursuant to
such section 1105.
SEC. 3156. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS
ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER FISCAL
YEAR 1997.
(a) IN GENERAL.—The weapons activities budget of the Depart-
ment of Energy for any fiscal year after fiscal year 1997 shall—
(1) set forth with respect to each of the activities under
the budget (including stockpile stewardship, stockpile manage-
ment, and program direction) the funding requested to carry
out each project or activity that is necessary to meet the
requirements of the Nuclear Weapons Stockpile Memorandum;
and
(2) identify specific infrastructure requirements arising
from the Nuclear Posture Review, the Nuclear Weapons Stock-
pile Memorandum, and the programmatic and technical
requirements associated with the review and memorandum.
(b) REQUIRED DETAIL.—The Secretary of Energy shall include
in the materials that the Secretary submits to Congress in support
of the budget for any fiscal year after fiscal year 1997 that is
submitted by the President pursuant to section 1105 of title 31,
United States Code, the following:
(1) A long-term program plan, and a near-term program
plan, for the certification and stewardship of the nuclear
weapons stockpile.
(2) An assessment of the effects of the plans referred to
in paragraph (1) on each nuclear weapons laboratory and each
nuclear weapons production plant.
(c) DEFINITIONS.—In this section:
H. R. 3230—421
(1) The term ‘‘Nuclear Posture Review’’ means the Depart-
ment of Defense Nuclear Posture Review as contained in the
report of the Secretary of Defense to the President and Congress
dated February 19, 1995, or in subsequent such reports.
(2) The term ‘‘nuclear weapons laboratory’’ means the
following:
(A) 
Lawrence 
Livermore 
National 
Laboratory,
California.
(B) Los Alamos National Laboratory, New Mexico.
(C) Sandia National Laboratories.
(3) The term ‘‘nuclear weapons production plant’’ means
the following:
(A) The Pantex Plant, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y–12 Plant, Oak Ridge, Tennessee.
SEC. 3157. REPEAL OF REQUIREMENT RELATING TO ACCOUNTING
PROCEDURES FOR DEPARTMENT OF ENERGY FUNDS.
Section 3151 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 108 Stat. 3089) is repealed.
SEC. 3158. UPDATE OF REPORT ON NUCLEAR TEST READINESS
POSTURES.
Not later than June 1, 1997, the Secretary of Energy shall
submit to Congress a report which updates the report submitted
by the Secretary under section 3152 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 623). The updated report shall include the matters specified
under such section, current as of the date of the updated report.
SEC. 3159. REPORTS 
ON 
CRITICAL 
DIFFICULTIES 
AT 
NUCLEAR
WEAPONS 
LABORATORIES 
AND 
NUCLEAR 
WEAPONS
PRODUCTION PLANTS.
(a) REPORTS BY HEADS OF LABORATORIES AND PLANTS.—In the
event of a difficulty at a nuclear weapons laboratory or a nuclear
weapons production plant that has a significant bearing on con-
fidence in the safety or reliability of a nuclear weapon or nuclear
weapon type, the head of the laboratory or plant, as the case
may be, shall submit to the Assistant Secretary of Energy for
Defense Programs a report on the difficulty. The head of the labora-
tory or plant shall submit the report as soon as practicable after
discovery of the difficulty.
(b) TRANSMITTAL BY ASSISTANT SECRETARY.—As soon as prac-
ticable after receipt of a report under subsection (a), the Assistant
Secretary shall transmit the report (together with the comments
of the Assistant Secretary) to the congressional defense committees
and to the Secretary of Energy and the Secretary of Defense.
(c) REPORTS BY NUCLEAR WEAPONS COUNCIL.—Section 179 of
title 10, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) In addition to the responsibilities set forth in subsection
(d), the Council shall also submit to Congress a report on any
analysis conducted by the Council with respect to difficulties at
nuclear weapons laboratories or nuclear weapons production plants