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

Title XXXII: Defense Nuclear Facilities Safety Board

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. 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 defense and appropriations committees when funds are so used.

(Sec. 3127) 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 authorized under this title 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 research and development 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.

Subtitle D: Other Matters - Directs the Secretary to annually prepare, and submit to the defense and appropriations 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 defense and appropriations 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) Redesignates the Defense Environmental Restoration and Waste Management Program as the Defense Nuclear Waste Management Program. Redesignates the Assistant Secretary in charge of such Program as the Assistant Secretary of Energy for Defense Nuclear Waste Management. Redesignates a related Account. Directs the Secretary to report to the defense and appropriations committees on such redesignations.

(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.

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