DOE-Related Excerpts
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1998
CONFERENCE REPORT
to accompany
H.R. 1119
October 23, 1997
105th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report 105-340
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. Other defense activities.
Sec. 3104. 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.
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.
Sec. 3129. Transfers of defense environmental management funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Memorandum of understanding for use of national
laboratories for ballistic missile defense programs.
Sec. 3132. Defense environmental management privatization projects.
Sec. 3133. International cooperative stockpile stewardship.
Sec. 3134. Modernization of enduring nuclear weapons complex.
Sec. 3135. Tritium production.
Sec. 3136. Processing, treatment, and disposition of spent nuclear
fuel rods and other legacy nuclear materials at the Savannah River Site.
Sec. 3137. Limitations on use of funds for laboratory directed
research and development purposes.
Sec. 3138. Pilot program relating to use of proceeds of disposal
or utilization of certain Department of Energy assets.
Sec. 3139. Modification and extension of authority relating to
appointment of certain scientific, engineering, and technical personnel.
Sec. 3140. Limitation on use of funds for subcritical nuclear
weapons tests.
Sec. 3141. Limitation on use of certain funds until future use
plans are submitted.
SUBTITLE D--OTHER MATTERS
Sec. 3151. Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile.
Sec. 3152. Repeal of obsolete reporting requirements.
Sec. 3153. Study and funding relating to implementation of
workforce restructuring plans.
Sec. 3154. Report and plan for external oversight of national
laboratories.
Sec. 3155. University-based research collaboration program.
Sec. 3156. Stockpile stewardship program.
Sec. 3157. Reports on advanced supercomputer sales to certain
foreign nations.
Sec. 3158. Transfers of real property at certain Department of
Energy facilities.
Sec. 3159. Requirement to delegate certain authorities to site
manager of Hanford Reservation.
Sec. 3160. Submittal of biennial waste management reports.
Sec. 3161. Department of Energy Security Management Board.
Sec. 3162. Submittal of annual report on status of security
functions at nuclear weapons facilities.
Sec. 3163. Modification of authority on Commission on Maintaining
United States Nuclear Weapons Expertise.
Sec. 3164. Land transfer, Bandelier National Monument.
Sec. 3165. Final settlement of Department of Energy community
assistance obligations with respect to Los Alamos National Laboratory,
New Mexico.
Sec. 3166. Sense of Congress regarding the Y 12 Plant in Oak
Ridge, Tennessee.
Sec. 3167. Support for public education in the vicinity of Los
Alamos National Laboratory, New Mexico.
Sec. 3168. Improvements to Greenville Road, Livermore, California.
Sec. 3169. Report on alternative system for availability of funds.
Sec. 3170. Report on remediation under the Formerly Utilized Sites
Remedial Action Program.
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
stockpile stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,867,150,000, to be
allocated as follows:
(1) For core stockpile stewardship, $1,387,100,000, to be allocated
as follows:
(A) For operation and maintenance, $1,288,290,000.
(B) 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), $98,810,000, to be allocated as follows:
Project 97 D 102, dual-axis radiographic hydrotest facility, Los
Alamos National Laboratory, Los Alamos, New Mexico, $46,300,000.
Project 96 D 102, stockpile stewardship facilities revitalization,
Phase VI, various locations, $19,810,000.
Project 96 D 103, ATLAS, Los Alamos National Laboratory, Los Alamos,
New Mexico, $13,400,000.
Project 96 D 105, contained firing facility addition, Lawrence
Livermore National Laboratory, Livermore, California, $19,300,000.
(2) For inertial fusion, $414,800,000, to be allocated as follows:
(A) For operation and maintenance, $217,000,000.
(B) For the following plant project (including maintenance,
restoration, planning, construction, acquisition, and modification of
facilities, and land acquisition related thereto), $197,800,000, to be
allocated as follows:
Project 96 D 111, national ignition facility, location to be
determined, $197,800,000.
(3) For technology transfer and education, $65,250,000, to be
allocated as follows:
(A) For technology transfer, $56,250,000.
(B) For education, $9,000,000.
(b) Stockpile Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
stockpile management in carrying out weapons activities necessary for
national security programs in the amount of $2,052,150,000, to be
allocated as follows:
(1) For operation and maintenance, $1,891,265,000.
(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), $160,885,000, to be allocated as follows:
Project 98 D 123, stockpile management restructuring initiative,
tritium factory modernization and consolidation, Savannah River Site,
Aiken, South Carolina, $11,000,000.
Project 98 D 124, stockpile management restructuring initiative, Y
12 Plant consolidation, Oak Ridge, Tennessee, $6,450,000.
Project 98 D 125, tritium extraction facility, Savannah River Site,
Aiken, South Carolina, $9,650,000.
Project 98 D 126, accelerator production of tritium, various
locations, $67,865,000.
Project 97 D 122, nuclear materials storage facility renovation, Los
Alamos National Laboratory, Los Alamos, New Mexico, $9,200,000.
Project 97 D 124, steam plant wastewater treatment facility upgrade,
Y 12 Plant, Oak Ridge, Tennessee, $1,900,000.
Project 96 D 122, sewage treatment quality upgrade (STQU), Pantex
Plant, Amarillo, Texas, $6,900,000.
Project 96 D 123, retrofit heating, ventilation, and air
conditioning and chillers for ozone protection, Y 12 Plant, Oak Ridge,
Tennessee, $2,700,000.
Project 95 D 102, chemistry and metallurgy research (CMR) upgrades
project, Los Alamos National Laboratory, Los Alamos, New Mexico,
$5,000,000.
Project 95 D 122, sanitary sewer upgrade, Y 12 Plant, Oak Ridge,
Tennessee, $12,600,000.
Project 94 D 124, hydrogen fluoride supply system, Y 12 Plant, Oak
Ridge, Tennessee, $1,400,000.
Project 94 D 125, upgrade life safety, Kansas City Plant, Kansas
City, Missouri, $2,000,000.
Project 93 D 122, life safety upgrades, Y 12 Plant, Oak Ridge,
Tennessee, $2,100,000.
Project 92 D 126, replace emergency notification system, various
locations, $3,200,000.
Project 88 D 122, facilities capability assurance program, various
locations, $18,920,000.
(c) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
program direction in carrying out weapons activities necessary for
national security programs in the amount of $250,000,000.
(d) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a) through (c) reduced by $22,608,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
environmental restoration in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $1,010,973,000, of which $388,000,000 shall be allocated
to the uranium enrichment decontamination and decommissioning fund.
(b) Defense Environmental Management Closure Projects.--Funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1998 for closure projects in carrying out environmental
restoration and waste management activities necessary for national
security programs in the amount of $875,000,000, to be allocated as
follows:
Project 98 CLR 1, Rocky Flats Closure Site, Denver, Colorado,
$648,400,000.
Project 98 CLR 2, Fernald Environmental Management Project, Fernald,
Ohio, $226,600,000.
(c) Waste Management.--Funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1998 for waste management in
carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,571,644,000, to be allocated as follows:
(1) For operation and maintenance, $1,490,876,000.
(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), $80,768,000, to be allocated as follows:
Project 98 D 401, H-tank farm storm water systems upgrade, Savannah
River Site, Aiken, South Carolina, $1,000,000.
Project 97 D 402, tank farm restoration and safe operations,
Richland, Washington, $13,961,000.
Project 96 D 408, waste management upgrades, various locations,
$8,200,000.
Project 95 D 402, install permanent electrical service, Waste
Isolation Pilot Plant, Carlsbad, New Mexico, $176,000.
Project 95 D 405, industrial landfill V and construction/demolition
landfill VII, Y 12 Plant, Oak Ridge, Tennessee, $3,800,000.
Project 95 D 407, 219 S secondary containment upgrade, Richland,
Washington, $2,500,000.
Project 94 D 404, Melton Valley storage tank capacity increase, Oak
Ridge National Laboratory, Oak Ridge, Tennessee, $1,219,000.
Project 94 D 407, initial tank retrieval systems, Richland,
Washington, $15,100,000.
Project 93 D 187, high-level waste removal from filled waste tanks,
Savannah River Site, Aiken, South Carolina, $17,520,000.
Project 92 D 172, hazardous waste treatment and processing facility,
Pantex Plant, Amarillo, Texas, $5,000,000.
Project 89 D 174, replacement high-level waste evaporator, Savannah
River Site, Aiken, South Carolina, $1,042,000.
Project 86 D 103, decontamination and waste treatment facility,
Lawrence Livermore National Laboratory, Livermore, California,
$11,250,000.
(d) Technology Development.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
technology development in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $220,000,000.
(e) Nuclear Materials and Facilities Stabilization.--Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1998 for nuclear materials and facilities stabilization in carrying
out environmental restoration and waste management activities necessary
for national security programs in the amount of $1,256,821,000, to be
allocated as follows:
(1) For operation and maintenance, $1,176,114,000.
(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), $80,707,000, to be allocated as follows:
Project 98 D 453, plutonium stabilization and handling system for
plutonium finishing plant, Richland, Washington, $8,136,000.
Project 98 D 700, road rehabilitation, Idaho National Engineering
Laboratory, Idaho, $500,000.
Project 97 D 450, actinide packaging and storage facility, Savannah
River Site, Aiken, South Carolina, $18,000,000.
Project 97 D 451, B-Plant safety class ventilation upgrades,
Richland, Washington, $2,000,000.
Project 97 D 470, environmental monitoring laboratory/health physics
site support facility, Savannah River Site, Aiken, South Carolina,
$5,600,000.
Project 96 D 406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $16,744,000.
Project 96 D 461, electrical distribution upgrade, Idaho National
Engineering Laboratory, Idaho, $2,927,000.
Project 96 D 464, electrical and utility systems upgrade, Idaho
Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho,
$14,985,000.
Project 96 D 471, chlorofluorocarbon heating, ventilation, and air
conditioning and chiller retrofit, Savannah River Site, Aiken, South
Carolina, $8,500,000.
Project 95 D 155, upgrade site road infrastructure, Savannah River
Site, South Carolina, $2,713,000.
Project 95 D 456, security facilities consolidation, Idaho Chemical
Processing Plant, Idaho National Engineering Laboratory, Idaho,
$602,000.
(f) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
program direction in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $345,751,000.
(g) Policy and Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for policy
and management in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $20,000,000.
(h) Environmental Science Program.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for the
environmental science program in carrying out environmental restoration
and waste management activities necessary for national security programs
in the amount of $55,000,000.
(i) Defense Environmental Management Privatization.--Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1998 for environmental management privatization projects in
carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of $224,700,000,
to be allocated as follows:
Project 98 PVT 1, contact handled transuranic waste transportation,
Carlsbad, New Mexico, $21,000,000.
Project 98 PVT 2, spent nuclear fuel dry storage, Idaho Falls,
Idaho, $27,000,000.
Project 98 PVT 3, waste pits remedial action, Fernald, Ohio,
$25,000,000.
Project 98 PVT 4, spent nuclear fuel transfer and storage, Savannah
River, South Carolina, $25,000,000.
Project 98 PVT 5, waste disposal, Oak Ridge, Tennessee, $5,000,000.
Project 98 PVT 6, Ohio silo 3 waste treatment, Fernald, Ohio,
$6,700,000.
Project 97 PVT 1, tank waste remediation system phase 1, Hanford,
Washington, $115,000,000.
(j) Adjustment.--The total amount authorized to be appropriated
pursuant to this section for subsections (a) through (h) is the sum of
the amounts authorized to be appropriated in those subsections reduced
by $50,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for other defense
activities in carrying out programs necessary for national security in
the amount of $1,642,310,000, to be allocated as follows:
(1) For verification and control technology, $478,200,000, to be
allocated as follows:
(A) For nonproliferation and verification research and development,
$210,000,000.
(B) For arms control, $234,600,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security, $47,200,000.
(3) For security investigations, $25,000,000.
(4) For emergency management, $20,000,000.
(5) For program direction, $78,900,000.
(6) For worker and community transition assistance, $61,159,000, to
be allocated as follows:
(A) For worker and community transition, $57,659,000.
(B) For program direction, $3,500,000.
(7) For fissile materials control and disposition, $103,451,000, to
be allocated as follows:
(A) For operation and maintenance, $99,451,000.
(B) For program direction, $4,000,000.
(8) For environment, safety, and health, defense, $94,000,000, to be
allocated as follows:
(A) For the Office of Environment, Safety, and Health (Defense),
$74,000,000.
(B) For program direction, $20,000,000.
(9) For the Office of Hearings and Appeals, $1,900,000.
(10) For nuclear energy, $47,000,000, to be allocated as follows:
(A) For nuclear technology research and development
(electrometallurgical), $12,000,000.
(B) For international nuclear safety (Soviet-designed reactors),
$35,000,000.
(11) For naval reactors development, $670,500,000, to be allocated
as follows:
(A) For operation and maintenance, $635,920,000.
(B) For program direction, $20,080,000.
(C) 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), $14,500,000, to be allocated as follows:
Project 98 D 200, site laboratory/facility upgrade, various
locations, $5,700,000.
Project 97 D 201, advanced test reactor secondary coolant
refurbishment, Idaho National Engineering Laboratory, Idaho, $4,600,000.
Project 95 D 200, laboratory systems and hot cell upgrades, various
locations, $1,100,000.
Project 90 N 102, expended core facility dry cell project, Naval
Reactors Facility, Idaho, $3,100,000.
(12) For independent assessment of Department of Energy projects,
$15,000,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (12) of subsection (a) reduced by
$6,047,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 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 $190,000,000.
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 subsection
(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.
(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 $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
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 additional
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 congressional
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.
(b) Exception.--Subsection (a) shall not apply to any construction
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 available for the same purposes and for the same
period as the authorizations of the Federal agency to which the amounts
are transferred.
(b) Transfer Within Department of Energy.--(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 available for the same purposes and for the same
period as the authorization 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.
(c) Limitation.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide funds for items relating to
activities necessary for national security programs that have a higher
priority than the items from which the funds are transferred; and
(2) may not be used to provide funds for an item for which Congress
has specifically denied funds.
(d) 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 Representatives 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.
(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 $5,000,000; or
(B) for emergency planning, design, and construction activities
under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering 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 connection
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 committees 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.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for
program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2000.
SEC. 3129. 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.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office
under subsection (a) unless the manager determines that the transfer is
necessary to address a risk to health, safety, or the environment or to
assure the most efficient use of defense environmental management funds
at the field office.
(4) 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.
(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, 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 transfer occurs.
(e) 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 (c) or (e) of section 3102 being
carried out by the office.
(B) A program referred to in subsection (a), (c), (d), or (e) 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 programs of the Department, that is
being carried out by the office, and for which defense environmental
management funds have been authorized and appropriated before the date
of enactment of this Act.
(2) The term ``defense environmental management funds'' means funds
appropriated to the Department of Energy pursuant to an authorization
for carrying out environmental restoration and waste management
activities necessary for national security programs.
(f) Duration of Authority.--The managers of the field offices of the
Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 1997, and ending on September
30, 1998.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. MEMORANDUM OF UNDERSTANDING FOR USE OF NATIONAL
LABORATORIES FOR BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) Memorandum of Understanding.--The Secretary of Energy and the
Secretary of Defense shall enter into a memorandum of understanding for
the purpose of improving and facilitating the use by the Secretary of
Defense of the expertise of the national laboratories for the ballistic
missile defense programs of the Department of Defense.
(b) Assistance.--The memorandum of understanding shall provide that
the Secretary of Defense shall request such assistance with respect to
the ballistic missile defense programs of the Department of Defense as
the Secretary of Defense and the Secretary of Energy determine can be
provided through the technical skills and experience of the national
laboratories, using such financial arrangements as the Secretaries
determine are appropriate.
(c) Activities.--The memorandum of understanding shall provide that
the national laboratories shall carry out those activities necessary to
respond to requests for assistance from the Secretary of Defense
referred to in subsection (b). Such activities may include the
identification of technical modifications and test techniques, the
analysis of physics problems, the consolidation of range and test
activities, and the analysis and simulation of theater missile defense
deployment problems.
(d) National Laboratories.--For purposes of this section, the
national laboratories are--
(1) the Lawrence Livermore National Laboratory, Livermore, California;
(2) the Los Alamos National Laboratory, Los Alamos, New Mexico; and
(3) the Sandia National Laboratories, Albuquerque, New Mexico.
SEC. 3132. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION PROJECTS.
(a) Authority To Enter Into Contracts.--The Secretary of Energy may,
using funds authorized to be appropriated by section 3102(i) for a
project referred to in that section, enter into a contract that--
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or acquire any equipment or
facilities required to carry out the contract;
(3) requires the contractor to bear any of the costs of the
construction, acquisition, and operation of such equipment or facilities
that arise before the commencement of the provision of goods or services
under the contract; and
(4) provides for payment to the contractor under the contract only
upon the meeting of performance specifications in the contract.
(b) Notice and Wait.--(1) The Secretary may not enter into a contract
under subsection (a), exercise an authorization to proceed with such a
contract or extend any contract period for such a contract by more than
one year until 30 days after the date on which the Secretary submits to
the congressional defense committees a report with respect to the
contract.
(2) Except as provided in paragraph (3), a report under paragraph (1)
with respect to a contract shall set forth--
(A) the anticipated costs and fees of the Department under the
contract, including the anticipated maximum amount of such costs and
fees;
(B) any performance specifications in the contract;
(C) the anticipated dates of commencement and completion of the
provision of goods or services under the contract;
(D) the allocation between the Department and the contractor of any
financial, regulatory, or environmental obligations under the contract;
(E) any activities planned or anticipated to be required with
respect to the project after completion of the contract;
(F) the site services or other support to be provided the contractor
by the Department under the contract;
(G) the goods or services to be provided by the Department or
contractor under the contract, including any additional obligations to
be borne by the Department or contractor with respect to such goods or
services;
(H) if the contract provides for financing of the project by an
entity or entities other than the United States, a detailed comparison
of the costs of financing the project through such entity or entities
with the costs of financing the project by the United States;
(I) the schedule for the contract;
(J) the costs the Department would otherwise have incurred in
obtaining the goods or services covered by the contract if the
Department had not proposed to obtain the goods or services under this
section;
(K) an estimate and justification of the cost savings, if any, to be
realized through the contract, including the assumptions underlying the
estimate;
(L) the effect of the contract on any ancillary schedules applicable
to the facility concerned, including milestones in site compliance
agreements; and
(M) the plans for maintaining financial and programmatic
accountability for activities under the contract.
(3) In the case of a contract under subsection (a) at the Hanford
Reservation, the report under paragraph (1) shall set forth--
(A) the matters specified in paragraph (2); and
(B) if the contract contemplates two pilot vitrification plants--
(i) an analysis of the basis for the selection of each of the plants
in lieu of a single pilot vitrification plant; and
(ii) a detailed comparison of the costs to the United States of two
pilot plants with the costs to the United States of a single pilot
plant.
(c) Cost Variations.--(1)(A) The Secretary may not enter into a
contract for a project referred to in subparagraph (B), or obligate
funds attributable to the capital portion of the cost of such a
contract, whenever the current estimated cost of the project exceeds the
amount of the estimated cost of the project as shown in the most recent
budget justification data submitted to Congress.
(B) Subparagraph (A) applies to the following:
(i) A project authorized by section 3102(i).
(ii) A project authorized by section 3103 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2824) for which a contract has not been entered into as of the date of
enactment of this Act.
(2) The Secretary may not obligate funds attributable to the capital
portion of the cost of a contract entered into before such date for a
project authorized by such section 3103 whenever the current estimated
cost of the project equals or exceeds 110 percent of the amount of the
estimated cost of the project as shown in the most recent budget
justification data submitted to Congress.
(d) Use of Funds for Termination of Contract.--Not later than 15 days
before the Secretary obligates funds available for a project authorized
by section 3102(i) to terminate the contract for the project under
subsection (a), the Secretary shall notify the congressional defense
committees of the Secretary's intent to obligate the funds for that
purpose.
(e) Annual Report on Contracts.--(1) Not later than February 28 of
each year, the Secretary shall submit to the congressional defense
committees a report on the activities, if any, carried out under each
contract referred to in paragraph (2) during the preceding year. The
report shall include an update with respect to each such contract of the
matters specified under subsection (b)(1) as of the date of the report.
(2) A contract referred to in paragraph (1) is the following:
(A) A contract under subsection (a) for a project referred to in
that subsection.
(B) A contract under section 3103 of the National Defense
Authorization Act for Fiscal Year 1997.
(f) Assessment of Contracting Without Sufficient Appropriations.--Not
later than 90 days after the date of enactment of this Act, the
Secretary shall submit to the congressional defense committees a report
assessing whether, and under what circumstances, the Secretary could
enter into contracts for defense environmental management privatization
projects in the absence of sufficient appropriations to meet obligations
under such contracts without thereby violating the provisions of section
1341 of title 31, United States Code.
SEC. 3133. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.
(a) Funding Prohibition.--No funds authorized to be appropriated or
otherwise available to the Department of Energy for fiscal year 1998 may
be obligated or expended to conduct any activities associated with
international cooperative stockpile stewardship.
(b) Exceptions.--Subsection (a) does not apply to the following:
(1) Activities conducted between the United States and the United
Kingdom.
(2) Activities conducted between the United States and France.
(3) Activities carried out under title III of this Act relating to
cooperative threat reduction with states of the former Soviet Union.
SEC. 3134. MODERNIZATION OF ENDURING NUCLEAR WEAPONS COMPLEX.
(a) Funding.--Subject to subsection (b), of the funds authorized to
be appropriated to the Department of Energy pursuant to section 3101,
$85,000,000 shall be available for carrying out the program described in
section 3137(a) of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note).
(b) Limitation on Availability.--None of the funds available under
subsection (a) for carrying out the program referred to in that
subsection may be obligated or expended until 30 days after the date of
the receipt by Congress of the report required under subsection (c).
(c) Report on Allocation of Funds.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Energy shall submit to
the congressional defense committees a report setting forth the proposed
allocation among specific Department of Energy sites of the funds
available under subsection (a) for the program referred to in that
subsection.
SEC. 3135. TRITIUM PRODUCTION.
(a) Tritium Production Decision.--(1) Not later than December 31,
1998, the Secretary of Energy shall make a final decision on the
technologies to be utilized, and the schedule to be adopted, for tritium
production in order to meet the requirements in the Nuclear Weapons
Stockpile Memorandum relating to tritium production, including the
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 particular, the requirements
for the so-called ``upload hedge'' component of the nuclear weapons
stockpile.
(B) The activities of the Department of Energy relating to the
evaluation and demonstration of technologies under the accelerator
program and the commercial light water reactor program.
(C) The potential liabilities and benefits of each potential
technology for tritium production, including--
(i) regulatory and other barriers that might prevent the production
of tritium using the technology by the production date referred to in
paragraph (1);
(ii) potential difficulties, if any, in licensing the technology;
(iii) the variability, if any, in tritium production rates using the
technology; and
(iv) any other benefits (including scientific or research benefits
or the generation of revenue) associated with the technology.
(b) Reports on Decision.--(1) Upon making a final decision under
paragraph (1) of subsection (a), the Secretary shall submit to the
congressional defense committees a report on the final decision. The
report shall include an assessment of how the selected technology
addresses the items taken into account under paragraph (2) of that
subsection.
(2) If the Secretary determines that it is not possible to make the
final decision by the date specified in paragraph (1) of subsection (a),
the Secretary shall submit to the congressional defense committees on
that date a report that explains in detail why the final decision cannot
be made by that date.
(c) Limitation on Availability of Funds.--The Secretary may not
obligate or expend any funds authorized to be appropriated or otherwise
made available for the Department of Energy by this Act for the purpose
of evaluating or utilizing any technology for the production of tritium
other than a commercial light water reactor or an accelerator until the
later of--
(1) January 31, 1999; or
(2) the date that is 30 days after the date on which the Secretary
makes a final decision under subsection (a).
SEC. 3136. PROCESSING, TREATMENT, AND DISPOSITION OF SPENT
NUCLEAR FUEL RODS AND OTHER LEGACY NUCLEAR MATERIALS AT THE SAVANNAH
RIVER SITE.
(a) Funding.--Of the funds authorized to be appropriated pursuant to
section 3102(e), not more than $47,000,000 shall be available for the
implementation of a program to accelerate the receipt, processing
(including the H-canyon restart operations), reprocessing, separation,
reduction, deactivation, stabilization, isolation, and interim storage
of high level nuclear waste associated with Department of Energy spent
fuel rods, foreign spent fuel rods, and other nuclear materials that are
located at the Savannah River Site.
(b) Requirement for Continuing Operations at Savannah River
Site.--The Secretary of Energy shall continue operations and maintain a
high state of readiness at the F-canyon and H-canyon facilities at the
Savannah River Site and shall provide technical staff necessary to
operate and maintain such facilities at that state of readiness.
SEC. 3137. LIMITATIONS ON USE OF FUNDS FOR LABORATORY DIRECTED
RESEARCH AND DEVELOPMENT PURPOSES.
(a) General Limitations.--(1) No funds authorized to be appropriated
or otherwise made available to the Department of Energy in any fiscal
year after fiscal year 1997 for weapons activities may be obligated or
expended for activities under the Department of Energy Laboratory
Directed 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.
(2) No funds authorized to be appropriated or otherwise made
available to the Department of Energy in any fiscal year after fiscal
year 1997 for environmental restoration, waste management, or nuclear
materials and facilities stabilization may be obligated or expended for
activities under the Department of Energy Laboratory Directed Research
and Development Program, or under any Department of Energy technology
transfer program or cooperative research and development agreement,
unless such activities support the environmental restoration mission,
waste management mission, or materials stabilization mission, as the
case may be, of the Department of Energy.
(b) Limitation in Fiscal Year 1998 Pending Submittal of Annual
Report.--Not more than 30 percent of the funds authorized to be
appropriated or otherwise made available to the Department of Energy in
fiscal year 1998 for laboratory directed research and development may be
obligated or expended for such research and development until the
Secretary of Energy submits to the congressional defense committees the
report required by section 3136(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2831; 42 U.S.C.
7257b) in 1998.
(c) Submittal Date for Annual Report on Laboratory Directed Research
and Development Program.--Paragraph (1) of section 3136(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2831; 42 U.S.C. 7257b) is amended by striking out ``The
Secretary of Energy shall annually submit'' and inserting in lieu
thereof ``Not later than February 1 each year, the Secretary of Energy
shall submit''.
(d) Assessment of Funding Level for Laboratory Directed Research and
Development.--The Secretary shall include in the report submitted under
such section 3136(b)(1) in 1998 an assessment of the funding required to
carry out laboratory directed research and development, including a
recommendation for the percentage of the funds provided to
Government-owned, contractor-operated laboratories for national security
activities that should be made available for such research and
development under section 3132(c) of the National Defense Authorization
Act for Fiscal Year 1991 (42 U.S.C. 7257a(c)).
(e) Definition.--In this section, the term ``laboratory directed
research and development'' has the meaning given that term in section
3132(d) of the National Defense Authorization Act for Fiscal Year 1991
(42 U.S.C. 7257a(d)).
SEC. 3138. PILOT PROGRAM RELATING TO USE OF PROCEEDS OF
DISPOSAL OR UTILIZATION OF CERTAIN DEPARTMENT OF ENERGY ASSETS.
(a) Purpose.--The purpose of this section is to encourage the
Secretary of Energy to dispose of or otherwise utilize certain assets of
the Department of Energy by making available to the Secretary the
proceeds of such disposal or utilization for purposes of defraying the
costs of such disposal or utilization.
(b) Use of Proceeds To Defray Costs.--(1) Notwithstanding section
3302 of title 31, United States Code, the Secretary may retain from the
proceeds of the sale, lease, or disposal of an asset under subsection
(c) an amount equal to the cost of the sale, lease, or disposal of the
asset. The Secretary shall utilize amounts retained under this paragraph
to defray the cost of the sale, lease, or disposal.
(2) For purposes of paragraph (1), the cost of a sale, lease, or
disposal shall include--
(A) the cost of administering the sale, lease, or disposal;
(B) the cost of recovering or preparing the asset concerned for the
sale, lease, or disposal; and
(C) any other cost associated with the sale, lease, or disposal.
(c) Covered Transactions.--Subsection (b) applies to the following
transactions:
(1) The sale of heavy water at the Savannah River Site, South
Carolina, that is under the jurisdiction of the Defense Environmental
Management Program.
(2) The sale of precious metals that are under the jurisdiction of
the Defense Environmental Management Program.
(3) The lease of buildings and other facilities located at the
Hanford Reservation, Washington, that are under the jurisdiction of the
Defense Environmental Management Program.
(4) The lease of buildings and other facilities located at the
Savannah River Site that are under the jurisdiction of the Defense
Environmental Management Program.
(5) The disposal of equipment and other personal property located at
the Rocky Flats Defense Environmental Technology Site, Colorado, that is
under the jurisdiction of the Defense Environmental Management Program.
(6) The disposal of materials at the National Electronics Recycling
Center, Oak Ridge, Tennessee, that are under the jurisdiction of the
Defense Environmental Management Program.
(d) Applicability of Disposal Authority.--Nothing in this section
shall be construed to limit the application of sections 202 and 203(j)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 483 and 484(j)) to the disposal of equipment and other personal
property covered by this section.
(e) Report.--Not later than January 31, 1999, the Secretary shall
submit to the congressional defense committees a report on amounts
retained by the Secretary under subsection (b) during fiscal year 1998.
SEC. 3139. MODIFICATION AND EXTENSION OF AUTHORITY RELATING TO
APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
(a) Repeal of Requirement for EPA Study.--Section 3161 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law 103
337; 108 Stat. 3095; 42 U.S.C. 7231 note) is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Extension of Authority.--Paragraph (1) of subsection (c) of such
section, as so redesignated, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1999''.
SEC. 3140. LIMITATION ON USE OF FUNDS FOR SUBCRITICAL NUCLEAR
WEAPONS TESTS.
(a) Limitation.--The Secretary of Energy may not conduct any
subcritical nuclear weapons tests using funds appropriated or otherwise
available to the Secretary for fiscal year 1998 until the Secretary
submits to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a
detailed report on the use of the funds available to the Secretary for
fiscal years 1996 and 1997 to conduct such tests.
(b) Exception.--Subsection (a) shall not apply to the use of funds
covered by that subsection for subcritical nuclear weapons tests if the
Secretary--
(1) determines that the use of such funds for such tests is urgently
required to meet national security interests; and
(2) notifies Congress of that determination before using such funds
for such tests.
SEC. 3141. LIMITATION ON USE OF CERTAIN FUNDS UNTIL FUTURE USE
PLANS ARE SUBMITTED.
(a) Limitation.--(1) Subject to paragraph (2), the Secretary of
Energy may not use more than 80 percent of the funds available to the
Secretary pursuant to the authorization of appropriations in section
3102(g) until the Secretary submits the plans described in subsection
(b).
(2) The limitation in paragraph (1) shall cease to be in effect if
the Secretary submits, by March 15, 1998, the report described in
subsection (c).
(b) Plans.--The plans referred to in subsection (a)(1) are the draft
future use plan and the final future use plan required under section
3153(f) of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104 201; 110 Stat. 2840; 42 U.S.C. 7274k note).
(c) Report.--If the Secretary is unable to submit all of the plans
described in subsection (b) by the deadlines set forth in such section
3153(f), the Secretary shall submit to Congress a report containing, for
each plan that will not be submitted by the applicable deadline--
(1) the status of the plan;
(2) the reasons why the plan cannot be submitted by the applicable
deadline; and
(3) the date by which the plan will be submitted.
Subtitle D--Other Matters
SEC. 3151. PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFICATION
OF WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE.
(a) Plan Requirement.--The Secretary of Energy shall develop and
annually update a plan for maintaining the nuclear weapons stockpile.
The plan shall cover, at a minimum, stockpile stewardship, stockpile
management, and program direction and shall be consistent with the
programmatic and technical requirements of the most recent annual
Nuclear Weapons Stockpile Memorandum.
(b) Plan Elements.--The plan and each update of the plan shall set
forth the following:
(1) The number of warheads (including active and inactive warheads)
for each warhead type in the nuclear weapons stockpile.
(2) The current age of each warhead type, and any plans for
stockpile lifetime extensions and modifications or replacement of each
warhead type.
(3) The process by which the Secretary of Energy is assessing the
lifetime, and requirements for lifetime extension or replacement, of the
nuclear and nonnuclear components of the warheads (including active and
inactive warheads) in the nuclear weapons stockpile.
(4) The process used in recertifying the safety, security, and
reliability of each warhead type in the nuclear weapons stockpile.
(5) Any concerns which would affect the ability of the Secretary of
Energy to recertify the safety, security, or reliability of warheads in
the nuclear weapons stockpile (including active and inactive warheads).
(c) Annual Submission of Plan to Congress.--The Secretary of Energy
shall submit to Congress the plan developed under subsection (a) not
later than March 15, 1998, and shall submit an updated version of the
plan not later than March 15 of each year thereafter. The plan shall be
submitted in both classified and unclassified form.
SEC. 3152. REPEAL OF OBSOLETE REPORTING REQUIREMENTS.
(a) Annual Report on Activities of the Atomic Energy Commission.--(1)
Section 251 of the Atomic Energy Act of 1954 (42 U.S.C. 2016) is
repealed.
(2) The table of sections at the beginning of that Act is amended by
striking out the item relating to section 251.
(b) Annual Report on Weapons Activities Budgets.--Section 3156 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2841; 42 U.S.C. 7271c) is repealed.
(c) Annual Update of Master Plan for Nuclear Weapons
Stockpile.--Section 3153 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 110 Stat. 624; 42 U.S.C. 2121
note) is repealed.
(d) Annual Report on Weapons Activities Budgets.--Section 3159 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104
106; 110 Stat. 626; 42 U.S.C. 7271b note) is repealed.
(e) Annual Report on Stockpile Stewardship Program.--Section 3138 of
the National Defense Authorization Act for Fiscal Year 1994 (Public Law
103 160; 107 Stat. 1946; 42 U.S.C. 2121 note) is amended--
(1) by striking out subsections (d) and (e);
(2) by redesignating subsections (f), (g), and (h) as subsections
(d), (e), and (f), respectively; and
(3) in subsection (e), as so redesignated, by striking out ``and the
60-day period referred to in subsection (e)(2)(A)(ii)''.
(f) Annual Report on Development of Tritium Production
Capacity.--Section 3134 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102 484; 106 Stat. 2639) is repealed.
(g) Annual Report on Research Relating to Defense Waste Cleanup
Technology Program.--Section 3141 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101 189; 103 Stat. 1679;
42 U.S.C. 7274a) is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(h) Quarterly Report on Major DoE National Security
Programs.--Section 3143 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101 189; 103 Stat. 1681; 42
U.S.C. 7271a) is repealed.
(i) Annual Report on Nuclear Test Ban Readiness Program.--Section
1436 of the National Defense Authorization Act, Fiscal Year 1989 (Public
Law 100 456; 102 Stat. 2075; 42 U.S.C. 2121 note) is amended by striking
out subsection (e).
SEC. 3153. STUDY AND FUNDING RELATING TO IMPLEMENTATION OF
WORKFORCE RESTRUCTURING PLANS.
(a) Study Requirement.--The Secretary of Energy shall conduct a study
on the effects of workforce restructuring plans for defense nuclear
facilities developed pursuant to section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h).
(b) Matters Covered by Study.-- The study shall cover the four-year
period preceding the date of the enactment of this Act and shall include
the following:
(1) An analysis of the number of jobs created by any employee
retraining, education, and reemployment assistance and any community
impact assistance provided in each workforce restructuring plan
developed pursuant to section 3161 of the National Defense Authorization
Act for Fiscal Year 1993.
(2) An analysis of other benefits provided pursuant to such plans,
including any assistance provided to community reuse organizations.
(3) A description of the funds expended, and the funds obligated but
not expended, pursuant to such plans as of the date of the report.
(4) A description of the criteria used since October 23, 1992, in
providing assistance pursuant to such plans.
(5) A comparison of any similar benefits provided--
(A) pursuant to such a plan to employees whose employment at the
defense nuclear facility covered by the plan is terminated; and
(B) to employees whose employment at a facility where more than 50
percent of the revenues are derived from contracts with the Department
of Defense has been terminated as a result of cancellation, termination,
or completion of contracts with the Department of Defense and the
employees whose employment is terminated constitute more than 15 percent
of the employees at that facility.
(c) Conduct of Study.--(1) The study shall be conducted through a
contract with an independent private auditing firm.
(2) The Secretary of Energy may not enter into any contract for the
conduct of the study until the Secretary submits a notification of the
proposed contract award to the congressional defense committees.
(3) The Secretary of Energy and the Secretary of Defense shall each
ensure that any firm conducting the study is provided access to all
documents in the possession of the Department of Energy or the
Department of Defense, as the case may be, that are relevant to the
study, including documents in the possession of the Inspector General of
the Department of Energy or the Inspector General of the Department of
Defense.
(d) Report on Study.--The Secretary of Energy shall submit a report
to Congress on the results of the study not later than March 31, 1998.
(e) Limitation on Use of Funds for Local Impact Assistance.--(1) None
of the funds authorized to be appropriated to the Department of Energy
pursuant to section 3103(6) may be used for local impact assistance
pursuant to a plan under section 3161(c)(6) of the National Defense
Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) until--
(A) with respect to assistance referred to in section 3161(c)(6)(A)
of such Act, the Secretary of Energy coordinates with, provides a copy
of the plan to, and obtains the approval of the Secretary of Labor; and
(B) with respect to assistance referred to in section 3161(c)(6)(C)
of such Act, the Secretary of Energy coordinates with, provides a copy
of the plan to, and obtains the approval of the Secretary of Commerce.
(2) For purposes of paragraph (1), if the Secretary of Labor or the
Secretary of Commerce does not disapprove a plan within 60 days after
receiving a copy of the plan, the plan is deemed to be approved.
(f) Semiannual Report to Congress of Local Impact Assistance.--The
Secretary of Energy shall submit to Congress every six months a report
setting forth a description of, and the amount or value of, all local
impact assistance provided during the preceding six months under section
3161(c)(6) of the National Defense Authorization Act of 1993 (42 U.S.C.
7274h(c)(6)).
(g) Effect on USEC Privatization Act.--Nothing in this section shall
be construed as diminishing or affecting the obligations of the
Secretary of Energy under section 3110(a)(5) of the USEC Privatization
Act (Public Law 104 134; 110 Stat. 1321 341; 42 U.S.C. 2297h 8(a)(5)).
(h) Definition.--In this section, the term ``defense nuclear
facility'' has the meaning provided the term ``Department of Energy
defense nuclear facility'' in section 3163 of the National Defense
Authorization Act for Fiscal Year 1993 ( Public Law 102 484; 42 U.S.C.
7274j).
SEC. 3154. REPORT AND PLAN FOR EXTERNAL OVERSIGHT OF NATIONAL
LABORATORIES.
(a) Report.--Not later than July 1, 1999, the Secretary of Energy
shall submit to Congress a report on the external oversight of the
national laboratories.
(b) Matters Covered.--The report shall contain the following:
(1) A description of the external oversight practices at the
national laboratories and an analysis of the effectiveness of such
practices, including the effect of such practices on the productivity of
the laboratories and the research conducted by the laboratories.
(2) Recommendations regarding the continuation, consolidation, or
discontinuation of the external oversight practices described in
paragraph (1), and the rationale for the recommendations.
(3) Recommendations for any new external oversight practices that
should be implemented, and the rationale for the recommendations.
(4) A plan for carrying out the recommendations.
(c) National Laboratories Covered.--For purposes of this section, the
national laboratories are--
(1) the Lawrence Livermore National Laboratory, Livermore, California;
(2) the Los Alamos National Laboratory, Los Alamos, New Mexico; and
(3) the Sandia National Laboratories, Albuquerque, New Mexico.
SEC. 3155. UNIVERSITY-BASED RESEARCH COLLABORATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The maintenance of scientific and engineering competence in the
United States is vital to long-term national security and the defense
and national security missions of the Department of Energy.
(2) Engaging the universities and colleges of the Nation in research
on long-range problems of vital national security interest will be
critical to solving the technology challenges faced within the defense
and national security programs of the Department of Energy in the next
century.
(3) Enhancing collaboration among the national laboratories,
universities and colleges, and industry will contribute significantly to
the performance of these Department of Energy missions.
(b) Program.--The Secretary of Energy shall establish a university
program at a location that can develop the most effective collaboration
among national laboratories, universities and colleges, and industry in
support of scientific and engineering advancement in key Department of
Energy defense and national security program areas.
(c) Funding.--Of the funds authorized to be appropriated in this
title to the Department of Energy for fiscal year 1998, the Secretary
shall make $5,000,000 available for the establishment and operation of
the program under subsection (b).
SEC. 3156. STOCKPILE STEWARDSHIP PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Eliminating the threat posed by nuclear weapons to the United
States is an important national security goal.
(2) As long as nuclear threats remain, the nuclear deterrent of the
United States must be effective and reliable.
(3) A safe, secure, effective, and reliable United States nuclear
stockpile is central to the current nuclear deterrence strategy of the
United States.
(4) The Secretary of Energy has undertaken a stockpile stewardship
and management program to ensure the safety, security, effectiveness,
and reliability of the nuclear weapons stockpile of the United States,
consistent with all United States treaty requirements and the
requirements of the nuclear deterrence strategy of the United States.
(5) It is the policy of the current administration that new nuclear
warhead designs are not required to effectively implement the nuclear
deterrence strategy of the United States.
(b) Policy.--It is the policy of the United States that--
(1) activities of the stockpile stewardship program shall be
directed toward ensuring that the United States possesses a safe,
secure, effective, and reliable nuclear stockpile, consistent with the
national security requirements of the United States; and
(2) stockpile stewardship activities of the United States shall be
conducted in conformity with the terms of the Treaty on the
Non-Proliferation of Nuclear Weapons and the Comprehensive Test Ban
Treaty signed by the President on September 24, 1996, when and if that
treaty enters into force.
SEC. 3157. REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN
FOREIGN NATIONS.
(a) Reports.--The Secretary of Energy shall require that any company
that is a participant in the Accelerated Strategic Computing Initiative
(ASCI) program of the Department of Energy report to the Secretary and
to the Secretary of Defense each sale by that company to a country
designated as a Tier III country of a computer capable of operating at a
speed in excess of 2,000 millions theoretical operations per second
(MTOPS). The report shall include a description of the following with
respect to each such sale:
(1) The anticipated end-use of the computer sold.
(2) The software included with the computer.
(3) Any arrangement under the terms of the sale regarding--
(A) upgrading the computer;
(B) servicing the computer; or
(C) furnishing spare parts for the computer.
(b) Covered Countries.--For purposes of this section, the countries
designated as Tier III countries are the countries listed as ``computer
tier 3'' eligible countries in part 740.7 of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997 (or any successor
list).
(c) Quarterly Submission of Reports.--The Secretary of Energy shall
require that reports under subsection (a) be submitted quarterly.
(d) Annual Report.--The Secretary of Energy shall submit to Congress
an annual report containing all information received under subsection
(a) during the preceding year. The first annual report shall be
submitted not later than July 1, 1998.
SEC. 3158. TRANSFERS OF REAL PROPERTY AT CERTAIN DEPARTMENT OF
ENERGY FACILITIES.
(a) Transfer Regulations.--(1) The Secretary of Energy shall
prescribe regulations for the transfer by sale or lease of real property
at Department of Energy defense nuclear facilities for the purpose of
permitting the economic development of the property.
(2) The Secretary of Energy may not transfer real property under the
regulations prescribed under paragraph (1) until--
(A) the Secretary submits a notification of the proposed transfer to
the congressional defense committees; and
(B) a period of 30 days has elapsed following the date on which the
notification is submitted.
(b) Indemnification.--(1) Except as provided in paragraph (3) and
subject to subsection (c), in the sale or lease of real property
pursuant to the regulations prescribed under subsection (a), the
Secretary of Energy may hold harmless and indemnify a person or entity
described in paragraph (2) against any claim for injury to person or
property that results from the release or threatened release of a
hazardous substance or pollutant or contaminant as a result of
Department of Energy activities at the defense nuclear facility on which
the real property is located. Before entering into any agreement for
such a sale or lease, the Secretary shall notify the person or entity
that the Secretary has authority to provide indemnification to the
person or entity under this subsection. The Secretary shall include in
any agreement for such a sale or lease a provision stating whether
indemnification is or is not provided.
(2) Paragraph (1) applies to the following persons and entities:
(A) Any State that acquires ownership or control of real property of
a defense nuclear facility.
(B) Any political subdivision of a State that acquires such
ownership or control.
(C) Any other person or entity that acquires such ownership or
control.
(3) To the extent the persons and entities described in paragraph (2)
contributed to any such release or threatened release, paragraph (1)
shall not apply.
(c) Conditions.--(1) No indemnification on a claim for injury may be
provided under this section unless the person or entity making a request
for the indemnification--
(A) notifies the Secretary of Energy in writing within two years
after such claim accrues;
(B) furnishes to the Secretary copies of pertinent papers received
by the person or entity;
(C) furnishes evidence or proof of the claim;
(D) provides, upon request by the Secretary, access to the records
and personnel of the person or entity for purposes of defending or
settling the claim; and
(E) begins action within six months after the date of mailing, by
certified or registered mail, of notice of final denial of the claim by
the Secretary.
(2) For purposes of paragraph (1)(A), the date on which a claim
accrues is the date on which the person asserting the claim knew (or
reasonably should have known) that the injury to person or property
referred to in subsection (b)(1) was caused or contributed to by the
release or threatened release of a hazardous substance, pollutant, or
contaminant as a result of Department of Energy activities at the
defense nuclear facility on which the real property is located.
(d) Authority of Secretary of Energy.--(1) In any case in which the
Secretary of Energy determines that the Secretary may be required to
indemnify a person or entity under this section for any claim for injury
to person or property referred to in subsection (b)(1), the Secretary
may settle or defend the claim on behalf of that person or entity.
(2) In any case described in paragraph (1), if the person or entity
that the Secretary may be required to indemnify does not allow the
Secretary to settle or defend the claim, the person or entity may not be
indemnified with respect to that claim under this section.
(e) Relationship to Other Law.--Nothing in this section shall be
construed as affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) The term ``defense nuclear facility'' has the meaning provided
by the term ``Department of Energy defense nuclear facility'' in section
318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
(2) The terms ``hazardous substance'', ``release'', and ``pollutant
or contaminant'' have the meanings provided by section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
SEC. 3159. REQUIREMENT TO DELEGATE CERTAIN AUTHORITIES TO SITE
MANAGER OF HANFORD RESERVATION.
Section 3173(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 110 Stat. 2848; 42 U.S.C. 7274k) is
amended--
(1) in paragraph (1)--
(A) by striking out ``In addition'' and inserting in lieu thereof
``Except as provided in paragraph (5), in addition''; and
(B) by striking out ``Act,'' and inserting in lieu thereof
``subtitle,''; and
(2) by adding at the end the following new paragraph:
``(5) In the case of the Hanford Reservation, Richland, Washington,
the Secretary shall delegate to the Site Manager the authority described
in paragraph (1) for fiscal year 1998. The Secretary may withdraw the
delegated authority if the Secretary--
``(A) determines that the Site Manager of the Hanford Reservation
has misused or misapplied that authority; and
``(B) the Secretary submits to Congress a notification of the
Secretary's intent to withdraw the authority.''.
SEC. 3160. SUBMITTAL OF BIENNIAL WASTE MANAGEMENT REPORTS.
Section 3153(b)(2)(B) of the National Defense Authorization Act for
Fiscal Year 1994 (42 U.S.C. 7274k(b)(2)(B)) is amended by striking out
``odd-numbered year after 1995'' and inserting in lieu thereof
``odd-numbered year after 1997''.
SEC. 3161. DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD.
(a) Establishment.--(1) The Secretary of Energy shall establish a
board to be known as the ``Department of Energy Security Management
Board'' (in this section referred to as the ``Board'').
(2) The Board shall advise the Secretary on policy matters,
operational concerns, strategic planning, personnel, budget,
procurement, and development of priorities relating to the security
functions of the Department of Energy.
(b) Members.--The Board shall be comprised of--
(1) the Secretary of Energy, who shall serve as chairman;
(2) the Director of the Office of Nonproliferation and National
Security of the Department of Energy;
(3) the Assistant Secretary of Energy for Environmental Management;
(4) the Assistant Secretary of Energy for Defense Programs;
(5) the Assistant Secretary of Energy for Environment, Safety, and
Health;
(6) the Associate Deputy Secretary of Energy for Field Management;
(7) three individuals selected by the Secretary of Defense and
appointed by the Secretary of Energy;
(8) an individual selected by the Director of the Federal Bureau of
Investigation and appointed by the Secretary of Energy; and
(9) an individual selected by the Director of Central Intelligence
and appointed by the Secretary of Energy.
(c) Appointments.--(1) The Secretary of Defense, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence shall consult with the Secretary of Energy in selecting
individuals for appointment under paragraphs (7), (8), and (9),
respectively, of subsection (b).
(2) The Secretary of Energy may not appoint as a member of the Board
under paragraph (7), (8), or (9) of subsection (b) an officer or
employee of the Department of Energy, an employee of a contractor or
subcontractor of the Department, or an individual under contract with
the Department.
(3) The Secretary of Energy shall appoint members of the Board under
paragraphs (7), (8), and (9) of subsection (b) not later than January
15, 1998.
(d) Vacancies.--Any vacancy in the Board shall be filled in the same
manner as the original appointment.
(e) Personnel Matters.--(1)(A) Each member of the Board who is not an
officer or employee of the Federal Government shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of
title 5, United States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties of the
Board.
(B) All members of the Board who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(2) The members of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Board.
(f) Applicability of FACA.--The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the activities of the
Board under this section.
(g) Termination.--The Board shall terminate on October 31, 2000.
(h) Security Functions Defined.--In this section, the term ``security
functions'' means all Department of Energy activities related to the
safeguarding and security of nuclear weapons and materials, protection
of classified and unclassified controlled nuclear information, and
physical and personnel security.
SEC. 3162. SUBMITTAL OF ANNUAL REPORT ON STATUS OF SECURITY
FUNCTIONS AT NUCLEAR WEAPONS FACILITIES.
(a) In General.--Not later than September 1 each year, the Secretary
of Energy shall submit to the congressional defense committees the
report entitled ``Annual Report to the President on the Status of
Safeguards and Security of Domestic Nuclear Weapons Facilities'', or any
successor report to such report.
(b) Requirement Relating to Reports Through Fiscal Year 2000.--The
Secretary shall include with each report submitted under subsection (a)
in fiscal years 1998 through 2000 any comments on such report by the
members of the Department of Energy Security Management Board
established under section 3161 that such members consider appropriate.
SEC. 3163. MODIFICATION OF AUTHORITY ON COMMISSION ON
MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE.
(a) Commencement of Activities.--Subsection (b)(1) of section 3162 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104 201; 110 Stat. 2844; 42 U.S.C. 2121 note) is amended, effective
January 1, 1998--
(1) in subparagraph (C), by adding at the end the following new
sentence: ``The chairman may be designated once five members of the
Commission have been appointed under subparagraph (A).''; and
(2) by adding at the end the following:
``(E) The Commission may commence its activities under this section
upon the designation of the chairman of the Commission under
subparagraph (C).''.
(b) Deadline for Report.--Subsection (d) of that section is amended
by striking out ``March 15, 1998,'' and inserting in lieu thereof
``March 15, 1999,''.
SEC. 3164. LAND TRANSFER, BANDELIER NATIONAL MONUMENT.
(a) Transfer of Administrative Jurisdiction.--The Secretary of Energy
shall transfer to the Secretary of the Interior administrative
jurisdiction over a parcel of real property consisting of approximately
4.47 acres as depicted on the map entitled ``Boundary Map, Bandelier
National Monument'', No. 315/80,051, dated March 1995.
(b) Boundary Modification.--The boundary of the Bandelier National
Monument established by Proclamation No. 1322 (16 U.S.C. 431 note) is
modified to include the real property transferred under subsection (a).
(c) Public Availability of Map.--The map described in subsection (a)
shall be on file and available for public inspection in the Lands Office
at the Southwest System Support Office of the National Park Service,
Santa Fe, New Mexico, and in the office of the Superintendent of
Bandelier National Monument.
(d) Administration.--The real property and interests in real property
transferred under subsection (a) shall be--
(1) administered as part of Bandelier National Monument; and
(2) subject to all laws applicable to the Bandelier National
Monument and all laws generally applicable to units of the National Park
System.
SEC. 3165. FINAL SETTLEMENT OF DEPARTMENT OF ENERGY COMMUNITY
ASSISTANCE OBLIGATIONS WITH RESPECT TO LOS ALAMOS NATIONAL LABORATORY,
NEW MEXICO.
(a) In General.--The Secretary of Energy shall--
(1) convey, without consideration, to the Incorporated County of Los
Alamos, New Mexico (in this section referred to as the ``County''), or
to the designee of the County, fee title to the parcels of land that are
allocated for conveyance to the County in the agreement under subsection
(e); and
(2) transfer to the Secretary of the Interior, in trust for the
Pueblo of San Ildefonso (in this section referred to as the ``Pueblo''),
administrative jurisdiction over the parcels that are allocated for
transfer to the Secretary of the Interior in such agreement.
(b) Preliminary Identification of Parcels of Land for Conveyance or
Transfer.--(1) Not later than 90 days after the date of enactment of
this Act, the Secretary of Energy shall submit to the congressional
defense committees a report identifying the parcels of land under the
jurisdiction of the Secretary at the Los Alamos National Laboratory that
are suitable for conveyance or transfer under this section.
(2) A parcel is suitable for conveyance or transfer for purposes of
paragraph (1) if the parcel--
(A) is not required to meet the national security mission of the
Department of Energy or will not be required for that purpose before the
end of the 10-year period beginning on the date of enactment of this
Act;
(B) is likely to be conveyable or transferable, as the case may be,
under this section not later than the end of such period; and
(C) is suitable for use for a purpose specified in subsection (h).
(c) Review of Title.--(1) Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report setting forth the results of a title search
on each parcel of land identified as suitable for conveyance or transfer
under subsection (b), including an analysis of any claims against or
other impairments to the fee title to each such parcel.
(2) In the period beginning on the date of the completion of the
title search with respect to a parcel under paragraph (1) and ending on
the date of the submittal of the report under that paragraph, the
Secretary shall take appropriate actions to resolve the claims against
or other impairments, if any, to fee title that are identified with
respect to the parcel in the title search.
(d) Environmental Restoration.--(1) Not later than 21 months after
the date of enactment of this Act, the Secretary shall--
(A) identify the environmental restoration or remediation, if any,
that is required with respect to each parcel of land identified under
subsection (b) to which the United States has fee title;
(B) carry out any review of the environmental impact of the
conveyance or transfer of each such parcel that is required under the
provisions of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(C) submit to Congress a report setting forth the results of the
activities under subparagraphs (A) and (B).
(2) If the Secretary determines under paragraph (1) that a parcel
described in paragraph (1)(A) requires environmental restoration or
remediation, the Secretary shall, to the maximum extent practicable,
complete the environmental restoration or remediation of the parcel not
later than 10 years after the date of enactment of this Act.
(e) Agreement for Allocation of Parcels.--As soon as practicable
after completing the review of titles to parcels of land under
subsection (c), the Secretary of the Interior, on behalf of the Pueblo
and for the County, shall submit to the Secretary of Energy an agreement
between the Secretary of the Interior and the County that allocates
between the Secretary of the Interior and the County the parcels to
which the United States has fee title.
(f) Plan for Conveyance and Transfer.--(1) Not later than 90 days
after the date of the submittal to the Secretary of Energy of the
agreement under subsection (e), the Secretary shall submit to the
congressional defense committees a plan for conveying or transferring
parcels of land under this section in accordance with the allocation
specified in the agreement.
(2) The plan under paragraph (1) shall provide for the completion of
the conveyance or transfer of parcels under this section not later than
9 months after the date of the submittal of the plan under that
paragraph.
(g) Conveyance or Transfer.--(1) Subject to paragraphs (2) and (3),
the Secretary shall convey or transfer parcels of land in accordance
with the allocation specified in the agreement submitted to the
Secretary under subsection (e).
(2) In the case of a parcel allocated under the agreement that is not
available for conveyance or transfer in accordance with the requirement
in subsection (f)(2) by reason of its requirement to meet the national
security mission of the Department, the Secretary shall convey or
transfer the parcel, as the case may be, when the parcel is no longer
required for that purpose.
(3)(A) In the case of a parcel allocated under the agreement that is
not available for conveyance or transfer in accordance with such
requirement by reason of requirements for environmental restoration or
remediation, the Secretary shall convey or transfer the parcel, as the
case may be, upon the completion of the environmental restoration or
remediation that is required with respect to the parcel.
(B) If the Secretary determines that environmental restoration or
remediation cannot reasonably be expected to be completed with respect
to a parcel by the end of the 10-year period beginning on the date of
enactment of this Act, the Secretary shall not convey or transfer the
parcel under this section.
(h) Use of Conveyed or Transferred Land.--The parcels of land
conveyed or transferred under this section shall be used for historic,
cultural, or environmental preservation purposes, economic
diversification purposes, or community self-sufficiency purposes.
(i) Treatment of Conveyances and Transfers.--(1) The purpose of the
conveyances and transfers under this section is to fulfill the
obligations of the United States with respect to Los Alamos National
Laboratory, New Mexico, under sections 91 and 94 of the Atomic Energy
Community Act of 1955 (42 U.S.C. 2391, 2394).
(2) Upon the completion of the conveyance or transfer of the parcels
of land available for conveyance or transfer under this section, the
Secretary shall make no further payments with respect to Los Alamos
National Laboratory under section 91 or section 94 of the Atomic Energy
Community Act of 1955.
SEC. 3166. SENSE OF CONGRESS REGARDING THE Y 12 PLANT IN OAK
RIDGE, TENNESSEE.
It is the sense of Congress that the Y 12 Plant in Oak Ridge,
Tennessee, should be used as a national prototype center and that other
executive agencies should utilize this center, where appropriate, to
maximize their efficiency and cost effectiveness.
SEC. 3167. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS
ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) Availability of Funds.--Of the funds authorized to be
appropriated or otherwise made available to the Department of Energy by
this title, $5,000,000 shall be available for payment by the Secretary
of Energy to a nonprofit or not-for-profit educational foundation
chartered to enhance educational activities in the public schools in the
vicinity of Los Alamos National Laboratory, New Mexico (in this section
referred to as the ``Foundation'').
(b) Use of Funds.--(1) The Foundation shall utilize funds provided
under subsection (a) the basis of, or as a contribution to, an endowment
fund for the Foundation.
(2) The Foundation shall use the income generated from investments in
the endowment fund that are attributable to the payment made under
subsection (a) to fund programs to support the educational needs of
children in public schools in the vicinity of Los Alamos National
Laboratory.
(c) Report.--Not later than March 1, 1998, the Secretary shall submit
to the congressional defense committees a report setting forth the
following:
(1) The amount of, and a schedule for, payments to the Foundation by
the Secretary that are in addition to the payment provided under
subsection (a).
(2) A plan to ensure that the Secretary makes no other payments to
support the educational activities referred to in subsection (b)(2)
after September 30, 2002.
SEC. 3168. IMPROVEMENTS TO GREENVILLE ROAD, LIVERMORE, CALIFORNIA.
From amounts authorized to be appropriated or otherwise made
available to the Department of Energy by this title, funds shall be
available for improvements to Greenville Road, Livermore, California, as
follows:
(1) $3,500,000 in fiscal year 1998.
(2) $3,300,000 in fiscal year 1999.
SEC. 3169. REPORT ON ALTERNATIVE SYSTEM FOR AVAILABILITY OF FUNDS.
(a) Report.--Not later than October 1, 1998, the Secretary of Energy
shall submit to Congress a report assessing how the Department of Energy
could carry out a transition from a no-year funding system to a
limited-period funding system.
(b) Matters Covered.--The report shall cover the following matters:
(1) A conceptual proposal on how the no-year funding system could be
phased out.
(2) An estimate of the cost of making the transition to a
limited-period funding system.
(3) A description of the programmatic effects that could occur if
the no-year funding system is eliminated.
(4) A delineation of activities for which the no-year funding system
should be retained.
(c) Definitions.--In this section:
(1) The term ``no-year funding system'' means a funding system in
which funds are available to the Department of Energy until expended.
(2) The term ``limited-period funding system'' means a funding
system in which funds are available to the Department of Energy for a
limited period of time.
SEC. 3170. REPORT ON REMEDIATION UNDER THE FORMERLY UTILIZED
SITES REMEDIAL ACTION PROGRAM.
Not later than March 1, 1998, the Secretary of Energy shall submit to
Congress a report containing information responding to the following
questions regarding the Formerly Utilized Sites Remedial Action Program:
(1) How many Formerly Utilized Sites remain to be remediated, what
portions of these remaining sites have completed remediation (including
any offsite contamination), what portions of the sites remain to be
remediated (including any offsite contamination), what types of
contaminants are present at each site, and what are the projected
timeframes for completing remediation at each site?
(2) What is the cost of the remaining response actions necessary to
address actual or threatened releases of hazardous substances at each
Formerly Utilized Site, including any contamination that is present
beyond the perimeter of the facilities?
(3) For each site, how much will it cost to remediate the
radioactive contamination, and how much will it cost to remediate the
non-radioactive contamination?
(4) How many sites potentially involve private parties that could be
held responsible for remediation costs, including remediation costs
related to offsite contamination?
(5) What type of agreements under the Formerly Utilized Sites
Remedial Action Program have been entered into with private parties to
resolve the level of liability for remediation costs at these
facilities, and to what extent have these agreements been tied to a
distinction between radioactive and non-radioactive contamination
present at these sites?
(6) What efforts have been undertaken by the Department to ensure
that the settlement agreements entered into with private parties to
resolve liability for remediation costs at these facilities have been
consistent on a program wide basis?
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Report on external regulation of defense nuclear facilities.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1998,
$17,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. REPORT ON EXTERNAL REGULATION OF DEFENSE NUCLEAR FACILITIES.
(a) Reporting Requirement.--The Defense Nuclear Facilities Safety
Board (in this section referred to as the ``Board'') shall prepare a
report and make recommendations on its role in the Department of
Energy's decision to establish external regulation of defense nuclear
facilities. The report shall include the following:
(1) An assessment of the value of and the need for the Board to
continue to perform the functions specified under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
(2) An assessment of the relationship between the functions of the
Board and a proposal by the Department of Energy to place Department of
Energy defense nuclear facilities under the jurisdiction of external
regulatory agencies.
(3) An assessment of the functions of the Board and whether there is
a need to modify or amend such functions.
(4) An assessment of the relative advantages and disadvantages to
the Department and the public of continuing the functions of the Board
with respect to Department of Energy defense nuclear facilities and
replacing the activities of the Board with external regulation of such
facilities.
(5) A list of all existing or planned Department of Energy defense
nuclear facilities that are similar to facilities under the regulatory
jurisdiction of the Nuclear Regulatory Commission.
(6) A list of all Department of Energy defense nuclear facilities
that are in compliance with all applicable Department of Energy orders,
regulations, and requirements relating to the design, construction,
operation, and decommissioning of defense nuclear facilities.
(7) A list of all Department of Energy defense nuclear facilities
that have implemented, pursuant to an implementation plan,
recommendations made by the Board and accepted by the Secretary of
Energy.
(8) A list of Department of Energy defense nuclear facilities that
have a function related to Department weapons activities.
(9)(A) A list of each existing defense nuclear facility that the
Board determines--
(i) should continue to stay within the jurisdiction of the Board for
a period of time or indefinitely; and
(ii) should come under the jurisdiction of an outside regulatory
authority.
(B) An explanation of the determinations made under subparagraph (A).
(10) For any existing facilities that should, in the opinion of the
Board, come under the jurisdiction of an outside regulatory authority,
the date when this move would occur and the period of time necessary for
the transition.
(11) A list of any proposed Department of Energy defense nuclear
facilities that should come under the Board's jurisdiction.
(12) An assessment of regulatory and other issues associated with
the design, construction, operation, and decommissioning of facilities
that are not owned by the Department of Energy but which would provide
services to the Department of Energy.
(13) An assessment of the role of the Board, if any, in
privatization projects undertaken by the Department.
(14) An assessment of the role of the Board, if any, in any tritium
production facilities.
(15) An assessment of the comparative advantages and disadvantages
to the Department of Energy in the event some or all Department of
Energy defense nuclear facilities were no longer included in the
functions of the Board and were regulated by the Nuclear Regulatory
Commission.
(16) A comparison of the cost, as identified by the Nuclear
Regulatory Commission, that would be incurred at a gaseous diffusion
plant to comply with regulations issued by the Nuclear Regulatory
Commission, with the cost that would be incurred by a gaseous diffusion
plant if such a plant was considered to be a Department of Energy
defense nuclear facility as defined by chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C 2286 et seq.).
(b) Comments on Report.--Before submission of the report to Congress
under subsection (c), the Board shall transmit the report to the
Secretary of Energy and the Nuclear Regulatory Commission. The Secretary
and the Commission shall provide their comments on the report to both
the Board and to Congress.
(c) Submission to Congress.--Not later than six months after the date
of the enactment of this Act, the Board shall provide to Congress an
interim report on the status of the implementation of this section. Not
later than one year after the date of the enactment of this Act, and not
earlier than 30 days after receipt of comments from the Secretary of
Energy and the Nuclear Regulatory Commission under subsection (b), the
Board shall submit to Congress the report required under subsection (a).
(d) Definition.--In this section, the term ``Department of Energy
defense nuclear facility'' has the meaning provided by section 318 of
the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
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