Department of Energy National Security Act for Fiscal Year 1997

TABLE OF CONTENTS:

Title XXXI (sic): Department of Energy National Security

Programs

Subtitle A: National Security Programs Authorizations

Subtitle B: Recurring General Provisions

Subtitle C: Program Authorizations, Restrictions, and

Limitations

Subtitle D: Other Matters

Subtitle E: Environmental Restoration at Defense

Nuclear Facilities

Subtitle F: Waste Isolation Pilot Plant Land Withdrawal

Act Amendments

Title XXXII: Defense Nuclear Facilities Safety Board

Title XXXIII: National Defense Stockpile

Title XXXIV: Naval Petroleum Reserves

Title XXXV: Panama Canal Commission

Title XXXVI: Miscellaneous Provision

Department of Energy National Security Act for Fiscal Year 1997 - Title XXXI (sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1997 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) other defense activities; and (4) nuclear waste disposal.

Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary) transmits to the appropriate congressional committees a full statement of the action proposed and 30 days have since expired.

(Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Requires the Secretary to report to the appropriate congressional committees on the need for, and desirability of, a permanent authorization formula for DOE defense and civilian general plant projects that includes periodic adjustments for inflation. Provides fund transfer authority (requiring congressional notification of any such transfer).

(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated costs exceed $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs that exceed such amount.

(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the congressional defense committees when funds are so used. Makes funds for management and support activities and for general plant projects under this subtitle available for all DOE national security programs.

Subtitle C: Program Authorizations, Restrictions, and Limitations - Requires the Secretary to make a final decision during FY 1997 on the technologies to be utilized, and the accelerated schedule to be adopted, for tritium production in order to meet the requirements of a certain Nuclear Weapons Stockpile Memorandum. Requires a report to the Congress. Earmarks funds for such activities.

(Sec. 3132) Directs the Secretary to carry out activities to modernize and consolidate the tritium recycling facilities at the Savannah River Site, South Carolina. Provides funding.

(Sec. 3133) Amends the National Defense Authorization Act for Fiscal Year 1996 to add a specified purpose and capability to the general requirements for the DOE nuclear weapons stockpile program. Requires a plan and report with respect to such program. Provides funding.

(Sec. 3134) Prohibits FY 1997 DOE funds from being used for certain R&D or technology transfer purposes unless such activities support the DOE national security mission. Requires an annual report.

(Sec. 3135) Directs the Secretary to accelerate the schedule for the isolation of high-level nuclear waste in glass canisters at the Defense Waste Processing Facility at the Savannah River Site if the Secretary determines that such acceleration will achieve cost savings and the removal and isolation of such waste from the long-term storage tanks there.

(Sec. 3136) Earmarks funds authorized under this title for the processing of high-level nuclear waste and spent nuclear fuel rods. Requires the updating of an implementation plan concerning such waste under a prior defense authorization Act.

(Sec. 3137) Earmarks funds for conducting the fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex as required under prior law. Requires 21 days' advance notification to the Congress before funds may be obligated or expended for such program.

(Sec. 3138) Provides for the payment of costs associated with operating and maintaining the infrastructure at the Nevada Test Site.

Subtitle D: Other Matters - Directs the Secretary to annually prepare, and submit to the congressional defense committees, a five-year budget for DOE national security programs.

(Sec. 3152) Sets forth specified requirements for DOE weapons activities budgets for fiscal years after 1997.

(Sec. 3153) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1995 which requires a report from the President to the congressional defense committees on issues associated with purchasing tritium from foreign suppliers.

(Sec. 3154) Directs the Secretary to report to the Congress a plan for the near-term processing of spent nuclear fuel rods in two facilities of the Savannah River Site. Requires the Secretary to develop and implement a multiyear plan for the cleanup of nuclear waste at the Site.

(Sec. 3155) Requires reports concerning: (1) nuclear test readiness postures; and (2) critical difficulties encountered at nuclear weapons laboratories and production plants.

(Sec. 3157) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through December 31, 1997, a requirement concerning notification to the Congress and a subsequent waiting period before undertaking a proposed defense cooperation agreement.

(Sec. 3158) Expresses the sense of the Congress that the Defense Environmental Restoration and Waste Management Program be redesignated as the Defense Nuclear Waste Management Program. Requires a report from the Secretary to the congressional defense committees on costs associated with such redesignation.

(Sec. 3159) Establishes the Commission on Maintaining United States Nuclear Weapons Expertise to develop and report to the Congress a plan for recruiting and retaining within the DOE nuclear weapons complex the appropriate scientific, engineering, and technical personnel necessary to permit DOE to maintain a safe and reliable nuclear weapons stockpile without engaging in underground testing. Terminates the Commission 30 days after its report. Provides Commission funding.

(Sec. 3160) Expresses the sense of the Senate that the President: (1) should consult closely with the Congress concerning U.S. policy and practices for ensuring the safety and reliability of the U.S. nuclear stockpile; and (2) if he determines that a safety or reliability problem cannot be corrected within the stockpile stewardship program, to notify the Congress of such problem, together with a plan for corrective action.

(Sec. 3161) Directs the Secretary to carry out a study of DOE liability for damages to, or destruction or loss of, natural resources at each DOE site that is or is anticipated to become subject to CERCLA.

(Sec. 3162) Directs the Secretary to include in the FY 1998 DOE budget a request for funds for the Greenville road improvement project in Livermore, California.

(Sec. 3163) Requires the Site Manager at the Hanford Reservation, Washington, to provide the State of Oregon an opportunity to review and comment upon certain remedial actions to be taken at the Hanford Reservation.

(Sec. 3164) Expresses the sense of the Senate that Oregon has the authority to enter into a memorandum of understanding with Washington concerning mutual issues of concern regarding the Hanford Reservation.

(Sec. 3165) Authorizes the Secretary of the military department concerned to waive a prohibition against awarding a contract under a national security program to an entity controlled by a foreign government in the case of a DOE contract for environmental restoration, remediation, or waste management at a DOE facility if: (1) such Secretary determines that such waiver will advance DOE objectives while not harming U.S. national security interests; and (2) the foreign government involved is authorized to exchange restricted data with the United States under provisions of the Atomic Energy Act of 1954. Requires congressional notification of the use of any such waiver.

(Sec. 3166) Directs the Secretary to report to the defense committees regarding the status of worker safety and health projects and programs at the Mound Facility in Miamisburg, Ohio.

Subtitle E: Environmental Restoration at Defense Nuclear Facilities - Defense Nuclear Facility Environmental Restoration Pilot Program Act of 1996 - Applies the provisions of this Subtitle to: (1) the Hanford nuclear facility; and (2) any other facility at the request of the chief executive officer of such State if approved by the Secretary with 60 days' prior notification to the Congress.

(Sec. 3173) Designates each such facility as an environmental cleanup demonstration area at which new technologies will be used in environmental restoration and remediation. Expresses the sense of the Congress that Federal and State regulatory agencies, members of the surrounding communities, and other affected parties should continue to take appropriate action for the expedited and streamlined cleanup of such facilities, as well as related activities.

(Sec. 3174) Directs the Secretary to appoint a Site Manager for the Hanford facility. Directs the Secretary to regularly inform the Congress on progress made by site managers in achieving expedited environmental restoration and waste management at designated facilities.

(Sec. 3175) Allows DOE environmental restoration or related orders to be imposed on a facility 60 days after the appointment of a site manager, upon a certain finding by the Secretary.

(Sec. 3176) Directs each site manager to promote the demonstration, verification, certification, and implementation of innovative environmental technologies for the remediation of defense nuclear waste at such facility through a demonstration program at such facility. Allows the use of follow-on contracts following the demonstration of new remediation technology. Requires each site manager to report to the Congress and the Secretary their expectations with regard to environmental restoration and waste management at their facility by reason of the exercise of the authorities provided under this subtitle. Terminates all authorities provided under this subtitle five years after the enactment of this Act.

Subtitle F: Waste Isolation Pilot Plant Land Withdrawal Act Amendments - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act (WIPP Act) to repeal certain provisions relating to: (1) compliance of specified Federal oil and gas leases with the Solid Waste Disposal Act; (2) a test phase; (3) requirements for the commencement of disposal operations; and (4) disposal regulations.

(Sec. 3187) Requires the Secretary to provide to the Congress a schedule for the incremental submission of chapters of the WIPP EPA-compliance application to the EPA Administrator within a prescribed period. Repeals the requirement that the Secretary use waste form modifications of engineered and natural barriers to comply with final disposal regulations at WIPP, but requires the use of any other measures necessary, in addition to the engineered and natural barriers, to achieve such compliance.

(Sec. 3188) Exempts transuranic mixed waste designated for disposal at the WIPP project from treatment standards and land disposal prohibitions promulgated under the Solid Waste Disposal Act. Repeals Federal provisions relating to: (1) the determination of noncompliance during the disposal and decommissioning phases; and (2) consequences of such noncompliance.

(Sec. 3189) Replaces provisions relating to waste retrievability with provisions declaring the intent of the Congress that the Secretary complete by November 30, 1997, all actions required to commence emplacement of transuranic waste underground for disposal at WIPP.

(Sec. 3190) Repeals provisions: (1) mandating a plan for the decommissioning of WIPP; and (2) setting a deadline for a plan for the management and use of the WIPP withdrawal site following WIPP decommissioning or termination of the land withdrawal.

(Sec. 3191) Authorizes appropriations to the State of New Mexico for road improvements in connection with the WIPP.

Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1997 for the Defense Nuclear Facilities Safety Board.

Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1997, to obligate up to $60 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations.

(Sec. 3302) Directs the President to dispose of NDS materials, with specified disposal limits. Provides for the deposit of receipts from such disposals.

(Sec. 3303) Directs the President to dispose of NDS materials so as to result in specified receipts for specified periods through FY 2005, with specified disposal limits. Prohibits the President from disposing materials to the extent that such disposal will result in undue disruption of the usual markets for such materials or avoidable loss to the United States. Provides for the treatment of disposal receipts. Provides an additional limitation on the disposal of titanium sponge.

Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1997 for activities relating to the naval petroleum reserves.

Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1997 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for FY 1997, with specified limitations. Requires such funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any law implementing those treaties.

Title XXXVI: Miscellaneous Provision - Expresses the sense of the Senate that the President should request the Department of the Treasury and the Secret Service to work with the government of the District of Columbia to develop a plan for the permanent reopening to vehicular traffic of Pennsylvania Avenue in front of the White House. Requires the Secretary of the Treasury and the Secret Service to certify that such plan protects the security of the people who live and work in the White House.