[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1126 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                S. 1126

_______________________________________________________________________

                                 AN ACT


 
To authorize appropriations for fiscal year 1996 for defense activities 
          of the Department of Energy, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SEC. 3001. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 1996''.
SEC. 3002. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

      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.
Sec. 3105. Payment of penalties assessed against Rocky Flats Site.
Sec. 3106. Standardization of ethics and reporting requirements 
                            affecting the Department of Energy with 
                            Government-wide standards.
Sec. 3107. Certain environmental restoration requirements.
Sec. 3108. Amending the hydronuclear provisions of this Act.
                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.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Tritium production.
Sec. 3132. Fissile materials disposition.
Sec. 3133. Tritium recycling.
Sec. 3134. Manufacturing infrastructure for refabrication and 
                            certification of enduring nuclear weapons 
                            stockpile.
Sec. 3135. Hydronuclear experiments.
Sec. 3136. Fellowship program for development of skills critical to the 
                            Department of Energy nuclear weapons 
                            complex.
Sec. 3137. Education program for development of personnel critical to 
                            the Department of Energy nuclear weapons 
                            complex.
Sec. 3138. Limitation on use of funds for certain research and 
                            development purposes.
Sec. 3139. Processing of high level nuclear waste and spent nuclear 
                            fuel rods.
Sec. 3140. Department of Energy Declassification Productivity 
                            Initiative.
Sec. 3141. Authority to reprogram funds for disposition of certain 
                            spent nuclear fuel.
Sec. 3142. Protection of workers at nuclear weapons facilities.
 Subtitle D--Review of Department of Energy National Security Programs.

Sec. 3151. Review of Department of Energy national security programs.
                       Subtitle E--Other Matters

Sec. 3161. Responsibility for Defense Programs Emergency Response 
                            Program.
Sec. 3162. Requirements for Department of Energy weapons activities 
                            budgets for fiscal years after fiscal year 
                            1996.
Sec. 3163. Report on proposed purchases of tritium from foreign 
                            suppliers.
Sec. 3164. Report on hydronuclear testing.
Sec. 3165. Plan for the certification and stewardship of the enduring 
                            nuclear weapons stockpile.
Sec. 3166. Applicability of Atomic Energy Community Act of 1955 to Los 
                            Alamos, New Mexico.
Sec. 3167. Sense of Senate on negotiations regarding shipments of spent 
                            nuclear fuel from naval reactors.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

Sec. 3301. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).
Sec. 3302. Future of naval petroleum reserves (other than Naval 
                            Petroleum Reserve Numbered 1).
                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of obsolete and excess materials contained in the 
                            National Defense Stockpile.
Sec. 3403. Disposal of chromite and manganese ores and chromium ferro 
                            and manganese metal electrolytic.
Sec. 3404. Restrictions on disposal of manganese ferro.
Sec. 3405. Excess defense-related materials: transfer to stockpile and 
                            disposal.
                  TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

SEC. 3101. WEAPONS ACTIVITIES.

    (a) Stockpile Stewardship.--Subject to subsection (d), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1996 for stockpile stewardship in carrying out weapons 
activities necessary for national security programs in the amount of 
$1,624,080,000, to be allocated as follows:
            (1) For core stockpile stewardship, $1,386,613,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $1,305,308,000.
                    (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), $81,305,000, to be 
                allocated as follows: Project 96-D-102, stockpile 
                stewardship facilities revitalization, Phase VI, 
                various locations, $2,520,000.
                            Project 96-D-103, Atlas, Los Alamos 
                        National Laboratory, Los Alamos, New Mexico, 
                        $8,400,000.
                            Project 96-D-104, processing and 
                        environmental technology laboratory (PETL), 
                        Sandia National Laboratories, Albuquerque, New 
                        Mexico, $1,800,000.
                            Project 96-D-105, contained firing facility 
                        addition, Lawrence Livermore National 
                        Laboratory, Livermore, California, $6,600,000.
                            Project 95-D-102, Chemical and Metallurgy 
                        Research Building upgrades, Los Alamos National 
                        Laboratory, New Mexico, $9,940,000.
                            Project 94-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase V, various locations, 
                        $12,200,000.
                            Project 93-D-102, Nevada support facility, 
                        North Las Vegas, Nevada, $15,650,000.
                            Project 90-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase III, various locations, 
                        $6,200,000.
                            Project 88-D-106, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase II, various locations, 
                        $17,995,000.
            (2) For inertial fusion, $230,667,000, to be allocated as 
        follows:
                    (A) For operation and maintenance, $193,267,000.
                    (B) For the following plant project (including 
                maintenance, restoration, planning, construction, 
                acquisition, modification of facilities, and land 
                acquisition related thereto), $37,400,000:
                            Project 96-D-111, national ignition 
                        facility, location to be determined.
            (3) For Marshall Islands activities and Nevada Test Site 
        dose reconstruction, $6,800,000.
    (b) Stockpile Management.--Subject to subsection (d), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1996 for stockpile management in carrying out weapons 
activities necessary for national security programs in the amount of 
$2,035,483,000, to be allocated as follows:
            (1) For operation and maintenance, $1,911,858,000.
            (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), 
        $123,625,000, to be allocated as follows:
                    Project GPD-121, general plant projects, various 
                locations, $10,000,000.
                    Project 96-D-122, sewage treatment quality upgrade 
                (STQU), Pantex Plant, Amarillo, Texas, $600,000.
                    Project 96-D-123, retrofit heating, ventilation, 
                and air conditioning and chillers for ozone protection, 
                Y-12 Plant, Oak Ridge, Tennessee, $3,100,000.
                    Project 96-D-125, Washington measurements 
                operations facility, Andrews Air Force Base, Camp 
                Springs, Maryland, $900,000.
                    Project 96-D-126, tritium loading line 
                modifications, Savannah River Site, South Carolina, 
                $12,200,000.
                    Project 95-D-122, sanitary sewer upgrade, Y-12 
                Plant, Oak Ridge, Tennessee, $6,300,000.
                    Project 94-D-124, hydrogen fluoride supply system, 
                Y-12 Plant, Oak Ridge, Tennessee, $8,700,000.
                    Project 94-D-125, upgrade life safety, Kansas City 
                Plant, Kansas City, Missouri, $5,500,000.
                    Project 94-D-127, emergency notification system, 
                Pantex Plant, Amarillo, Texas, $2,000,000.
                    Project 94-D-128, environmental safety and health 
                analytical laboratory, Pantex Plant, Amarillo, Texas, 
                $4,000,000.
                    Project 93-D-122, life safety upgrades, Y-12 Plant, 
                Oak Ridge, Tennessee, $7,200,000.
                    Project 93-D-123, complex-21, various locations, 
                $41,065,000.
                    Project 88-D-122, facilities capability assurance 
                program, various locations, $8,660,000.
                    Project 88-D-123, security enhancements, Pantex 
                Plant, Amarillo, Texas, $13,400,000.
    (c) Program Direction.--Subject to subsection (d), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1996 for program direction in carrying out weapons activities 
necessary for national security programs in the amount of $118,000,000.
    (d) Adjustments.--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 the sum of--
            (1) $25,000,000, for savings resulting from procurement 
        reform; and
            (2) $86,344,000, for use of prior year balances.

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) Corrective Activities.--Subject to subsection (i), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1996 for corrective activities in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $3,406,000, all of which 
shall be available for the following plant project (including 
maintenance, restoration, planning, construction, acquisition, 
modification of facilities, and land acquisition related thereto):
            Project 90-D-103, environment, safety and health 
        improvements, weapons research and development complex, Los 
        Alamos National Laboratory, Los Alamos, New Mexico.
    (b) Environmental Restoration.--Subject to subsection (i), funds 
are hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1996 for environmental restoration for operating 
expenses in carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount of 
$1,550,926,000.
    (c) Waste Management.--Subject to subsection (i), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1996 for waste management in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $2,386,596,000, to be allocated as 
follows:
            (1) For operation and maintenance, $2,151,266,000.
            (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), 
        $235,330,000, to be allocated as follows:
                    Project GPD-171, general plant projects, various 
                locations, $15,728,000.
                    Project 96-D-400, replace industrial waste piping, 
                Kansas City Plant, Kansas City, Missouri, $200,000.
                    Project 96-D-401, comprehensive treatment and 
                management plan immobilization of miscellaneous wastes, 
                Rocky Flats Environmental Technology Site, Golden, 
                Colorado, $1,400,000.
                    Project 96-D-402, comprehensive treatment and 
                management plan building 374/774 sludge immobilization, 
                Rocky Flats Environmental Technology Site, Golden, 
                Colorado, $1,500,000.
                    Project 96-D-403, tank farm service upgrades, 
                Savannah River, South Carolina, $3,315,000.
                    Project 96-D-405, T-plant secondary containment and 
                leak detection upgrades, Richland, Washington, 
                $2,100,000.
                    Project 96-D-406, K-Basin operations program, 
                Richland, Washington, $41,000,000.
                    Project 96-D-409, advanced mixed waste treatment 
                facility, Idaho National Engineering Laboratory, Idaho, 
                $5,000,000.
                    Project 96-D-410, specific manufacturing 
                characterization facility assessment and upgrade, Idaho 
                National Engineering Laboratory, Idaho, $2,000,000.
                    Project 95-D-402, install permanent electrical 
                service, Waste Isolation Pilot Plant, New Mexico, 
                $4,314,000.
                    Project 95-D-405, industrial landfill V and 
                construction/demolition landfill VII, Y-12 Plant, Oak 
                Ridge, Tennessee, $4,600,000.
                    Project 95-D-406, road 5-01 reconstruction, area 5, 
                Nevada Test Site, Nevada, $1,023,000.
                    Project 94-D-400, high explosive wastewater 
                treatment system, Los Alamos National Laboratory, Los 
                Alamos, New Mexico, $4,445,000.
                    Project 94-D-402, liquid waste treatment system, 
                Nevada Test Site, Nevada, $282,000.
                    Project 94-D-404, Melton Valley storage tanks 
                capacity increase, Oak Ridge National Laboratory, Oak 
                Ridge, Tennessee, $11,000,000.
                    Project 94-D-407, initial tank retrieval systems, 
                Richland, Washington, $9,400,000.
                    Project 94-D-411, solid waste operations complex 
                project, Richland, Washington, $5,500,000.
                    Project 94-D-417, intermediate-level and low-
                activity waste vaults, Savannah River, South Carolina, 
                $2,704,000.
                    Project 93-D-178, building 374 liquid waste 
                treatment facility, Rocky Flats Plant, Golden, 
                Colorado, $3,900,000.
                    Project 93-D-182, replacement of cross-site 
                transfer system, Richland, Washington, $19,795,000.
                    Project 93-D-183, multi-tank waste storage 
                facility, Richland, Washington, $31,000,000.
                    Project 93-D-187, high-level waste removal from 
                filled waste tanks, Savannah River, South Carolina, 
                $34,700,000.
                    Project 92-D-171, mixed waste receiving and storage 
                facility, Los Alamos National Laboratory, Los Alamos, 
                New Mexico, $1,105,000.
                    Project 92-D-188, waste management environmental, 
                safety and health (ES&H) and compliance activities, 
                various locations, $1,100,000.
                    Project 90-D-172, aging waste transfer lines, 
                Richland, Washington, $2,000,000.
                    Project 90-D-177, RWMC transuranic (TRU) waste 
                characterization and storage facility, Idaho National 
                Engineering Laboratory, Idaho, $1,428,000.
                    Project 90-D-178, TSA retrieval containment 
                building, Idaho National Engineering Laboratory, Idaho, 
                $2,606,000.
                    Project 89-D-173, tank farm ventilation upgrade, 
                Richland, Washington, $800,000.
                    Project 89-D-174, replacement high-level waste 
                evaporator, Savannah River, South Carolina, 
                $11,500,000.
                    Project 86-D-103, decontamination and waste 
                treatment facility, Lawrence Livermore National 
                Laboratory, California, $8,885,000.
                    Project 83-D-148, nonradioactive hazardous waste 
                management, Savannah River, South Carolina, $1,000,000.
    (d) Technology Development.--Subject to subsection (i), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1996 for technology development in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $505,510,000.
    (e) Transportation Management.--Subject to subsection (i), funds 
are hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1996 for transportation management in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $16,158,000.
    (f) Nuclear Materials and Facilities Stabilization.--Subject to 
subsection (i), funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 1996 for nuclear materials and 
facilities stabilization in carrying out environmental restoration and 
waste management activities necessary for national security programs in 
the amount of $1,596,028,000, to be allocated as follows:
            (1) For operation and maintenance, $1,463,384,000.
            (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), 
        $132,644,000, to be allocated as follows:
                    Project GPD-171, general plant projects, various 
                locations, $14,724,000.
                    Project 96-D-458, site drainage control, Mound 
                Plant, Miamisburg, Ohio, $885,000.
                    Project 96-D-461, electrical distribution upgrade, 
                Idaho National Engineering Laboratory, Idaho, 
                $1,539,000.
                    Project 96-D-462, health physics instrument 
                laboratory, Idaho National Engineering Laboratory, 
                Idaho, $1,126,000.
                    Project 96-D-463, central facilities craft shop, 
                Idaho National Engineering Laboratory, Idaho, $724,000.
                    Project 96-D-464, electrical and utility systems 
                upgrade, Idaho Chemical Processing Plant, Idaho 
                National Engineering Laboratory, Idaho, $4,952,000.
                    Project 96-D-465, 200 area sanitary sewer system, 
                Richland, Washington, $1,800,000.
                    Project 96-D-470, environmental monitoring 
                laboratory, Savannah River Site, Aiken, South Carolina, 
                $3,500,000.
                    Project 96-D-471, chlorofluorocarbon heating, 
                ventilation, and air conditioning and chiller retrofit, 
                Savannah River Site, Aiken, South Carolina, $1,500,000.
                    Project 96-D-472, plant engineering and design, 
                Savannah River Site, Aiken, South Carolina, $4,000,000.
                    Project 96-D-473, health physics site support 
                facility, Savannah River Site, Aiken, South Carolina, 
                $2,000,000.
                    Project 96-D-474, dry fuel storage facility, Idaho 
                National Engineering Laboratory, Idaho, $15,000,000.
                    Project 96-D-475, high level waste volume reduction 
                demonstration (pentaborane), Idaho National Engineering 
                Laboratory, Idaho, $5,000,000.
                    Project 95-D-155, upgrade site road infrastructure, 
                Savannah River, South Carolina, $2,900,000.
                    Project 95-D-156, radio trunking system, Savannah 
                River, South Carolina, $10,000,000.
                    Project 95-D-454, 324 facility compliance/
                renovation, Richland, Washington, $3,500,000.
                    Project 95-D-456, security facilities upgrade, 
                Idaho Chemical Processing Plant, Idaho National 
                Engineering Laboratory, Idaho, $8,382,000.
                    Project 94-D-122, underground storage tanks, Rocky 
                Flats, Golden, Colorado, $5,000,000.
                    Project 94-D-401, emergency response facility, 
                Idaho National Engineering Laboratory, Idaho, 
                $5,074,000.
                    Project 94-D-412, 300 area process sewer piping 
                system upgrade, Richland, Washington, $1,000,000.
                    Project 94-D-415, medical facilities, Idaho 
                National Engineering Laboratory, Idaho, $3,601,000.
                    Project 94-D-451, infrastructure replacement, Rocky 
                Flats Plant, Golden, Colorado, $2,940,000.
                    Project 93-D-147, domestic water system upgrade, 
                Phase I and II, Savannah River, South Carolina, 
                $7,130,000.
                    Project 93-D-172, electrical upgrade, Idaho 
                National Engineering Laboratory, Idaho, $124,000.
                    Project 92-D-123, plant fire/security alarms system 
                replacement, Rocky Flats Plant, Golden, Colorado, 
                $9,560,000.
                    Project 92-D-125, master safeguards and security 
                agreement/materials surveillance task force security 
                upgrades, Rocky Flats Plant, Golden, Colorado, 
                $7,000,000.
                    Project 92-D-181, fire and life safety 
                improvements, Idaho National Engineering Laboratory, 
                Idaho, $6,883,000.
                    Project 91-D-127, criticality alarm and production 
                annunciation utility replacement, Rocky Flats Plant, 
                Golden, Colorado, $2,800,000.
    (g) Compliance and Program Coordination.--Subject to subsection 
(i), funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1996 for compliance and program coordination 
in carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount of 
$81,251,000, to be allocated as follows:
            (1) For operation and maintenance, $66,251,000.
            (2) For the following plant project (including maintenance, 
        restoration, planning, construction, acquisition, modification 
        of facilities, and land acquisition related thereto), 
        $15,000,000:
                    Project 95-E-600, hazardous materials training 
                center, Richland, Washington.
    (h) Analysis, Education, and Risk Management.--Subject to 
subsection (i), funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 1996 for analysis, education, and 
risk management in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $80,022,000.
    (i) Adjustments.--The total amount authorized to be appropriated 
pursuant to this section is the sum of the amounts specified in 
subsections (a) through (h) reduced by the sum of--
            (1) $276,942,000, for use of prior year balances; and
            (2) $37,000,000 for recovery of overpayment to the Savannah 
        River Pension Fund.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    (a) Other Defense Activities.--Subject to subsection (b), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1996 for other defense activities in carrying out programs 
necessary for national security in the amount of $1,408,162,000, to be 
allocated as follows:
            (1) For verification and control technology, $430,842,000, 
        to be allocated as follows:
                    (A) For nonproliferation and verification research 
                and development, $226,142,000.
                    (B) For arms control, $162,364,000.
                    (C) For intelligence, $42,336,000.
            (2) For nuclear safeguards and security, $83,395,000.
            (3) For security investigations, $25,000,000.
            (4) For security evaluations, $14,707,000.
            (5) For the Office of Nuclear Safety, $15,050,000.
            (6) For worker and community transition, $100,000,000.
            (7) For fissile materials disposition, $70,000,000.
            (8) For naval reactors development, $682,168,000, to be 
        allocated as follows:
                    (A) For operation and infrastructure, $659,168,000.
                    (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), $23,000,000, to be 
                allocated as follows:
                            Project 95-D-200, laboratory systems and 
                        hot cell upgrades, various locations, 
                        $11,300,000.
                            Project 95-D-201, advanced test reactor 
                        radioactive waste system upgrades, Idaho 
                        National Engineering Laboratory, Idaho, 
                        $4,800,000.
                            Project 93-D-200, engineering services 
                        facilities, Knolls Atomic Power Laboratory, 
                        Niskayuna, New York, $3,900,000.
                            Project 90-N-102, expended core facility 
                        dry cell project, Naval Reactors Facility, 
                        Idaho, $3,000,000.
    (b) Adjustment.--The total amount that may be appropriated pursuant 
to this section is the total amount authorized to be appropriated in 
subsection (a) reduced by $13,000,000, for use of prior year balances.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1996 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 $198,400,000.

SEC. 3105. PAYMENT OF PENALTIES ASSESSED AGAINST ROCKY FLATS SITE.

    The Secretary of Energy may pay to the Hazardous Substance 
Superfund established under section 9507 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9507), from funds appropriated to the Department of 
Energy for environmental restoration and waste management activities 
pursuant to section 3102, stipulated civil penalties in the amount of 
$350,000 assessed under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
against the Rocky Flats Site, Golden, Colorado.

SEC. 3106. STANDARDIZATION OF ETHICS AND REPORTING REQUIREMENTS 
              AFFECTING THE DEPARTMENT OF ENERGY WITH GOVERNMENT-WIDE 
              STANDARDS.

    (a) Repeals.--(1) Part A of title VI of the Department of Energy 
Organization Act and its catchline (42 U.S.C. 7211, 7212, and 7218) are 
repealed.
    (2) Section 308 of the Energy Research and Development 
Administration Appropriation Authorization Act for Fiscal Year 1977 (42 
U.S.C. 5816a) is repealed.
    (3) Section 522 of the Energy Policy and Conservation Act (42 
U.S.C. 6392) is repealed.
    (b) Conforming Amendments.--(1) The table of contents for the 
Department of Energy Organization Act is amended by striking out the 
items relating to part A of title VI including sections 601 through 
603.
    (2) The table of contents for the Energy Policy and Conservation 
Act is amended by striking out the matter relating to section 522.

SEC. 3107. CERTAIN ENVIRONMENTAL RESTORATION REQUIREMENTS.

    It is the sense of Congress that:
            (1) No individual acting within the scope of that 
        individual's employment with a Federal agency or department 
        shall be personally subject to civil or criminal sanctions, for 
        any failure to comply with an environmental cleanup requirement 
        under the Solid Waste Disposal Act or the Comprehensive 
        Environmental Response, Compensation, and Liability Act or an 
        analogous requirement under comparable Federal, State, or local 
        laws, whether the failure to comply is due to lack of funds 
        requested or appropriated to carry out such requirement. 
        Federal and State enforcement authorities shall refrain from 
        enforcement action in such circumstances.
            (2) If appropriations by the Congress for fiscal year 1996 
        or any subsequent fiscal year are insufficient to fund any such 
        environmental cleanup requirements, the committees of Congress 
        with jurisdiction shall examine the issue, elicit the views of 
        Federal agencies, affected States, and the public, and consider 
        appropriate statutory amendments to address personal criminal 
        liability, and any related issues pertaining to potential 
        liability of any Federal agency or department or its 
        contractors.

SEC. 3108. AMENDING THE HYDRONUCLEAR PROVISIONS OF THIS ACT.

    Notwithstanding any other provision of this Act, the provision 
dealing with hydronuclear experiments is qualified in the following 
respect:
    ``(c) Limitations.--Nothing in this Act shall be construed as an 
authorization to conduct hydronuclear tests. Furthermore, nothing in 
this Act shall be construed as amending or repealing the requirements 
of section 507 of Public Law 102-377.''.

                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 $2,000,000.
    (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 $2,000,000, 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 sections 3101, 3102, and 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; Limitations.--(1) Subject 
to paragraph (2), the Secretary of Energy may transfer funds authorized 
to be appropriated to the Department of Energy pursuant to this title 
between any such authorizations. Amounts of authorizations so 
transferred may be merged with and be available for the same purposes 
and for the same period as the authorization to which the amounts are 
transferred.
    (2) Not more than 5 percent of any such authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than 5 percent by a 
transfer under such paragraph.
    (3) The authority provided by this section to transfer 
authorizations--
            (A) may only be used to provide funds for items relating to 
        weapons activities necessary for national security programs 
        that have a higher priority than the items from which the funds 
        are transferred; and
            (B) may not be used to provide authority for an item that 
        has been denied funds by Congress.
    (c) Notice to Congress.--The Secretary of Energy shall promptly 
notify the Committee on Armed Services of the Senate and the Committee 
on National Security of the House of 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 $2,000,000; 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 funds authorized to be appropriated under sections 3101, 
3102, and 3103 for advance planning and construction design, 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, 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.
    (d) Report.--The Secretary of Energy shall report to the 
congressional defense committees any exercise of authority 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 
of this title, amounts appropriated pursuant to this title for 
management and support activities and for general plant projects are 
available for use, when necessary, in connection with all national 
security programs of the Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

    When so specified in an appropriation Act, amounts appropriated for 
operating expenses, plant projects, and capital equipment may remain 
available until expended.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. TRITIUM PRODUCTION.

    (a) Tritium Production.--Of the funds authorized to be appropriated 
to the Department of Energy under section 3101, not more than 
$50,000,000 shall be available to conduct an assessment of alternative 
means of ensuring that the tritium production of the Department of 
Energy is adequate to meet the tritium requirements of the Department 
of Defense. The assessment shall include an assessment of various types 
of reactors and an accelerator.
    (b) Location of New Tritium Production Facility.--The Secretary of 
Energy shall locate the new tritium production facility of the 
Department of Energy at the Savannah River Site, South Carolina.
    (c) Tritium Targets.--Of the funds authorized to be appropriated to 
the Department of Energy under section 3101, not more than $5,000,000 
shall be available for the Idaho National Engineering Laboratory for 
the test and development of nuclear reactor tritium targets for the 
various types of reactors to be assessed by the Department under 
subsection (a).

SEC. 3132. FISSILE MATERIALS DISPOSITION.

    Of the funds authorized to be appropriated to the Department of 
Energy for fiscal year 1996 under section 3103(a)(7), $70,000,000 shall 
be available only for purposes of completing the evaluation of, and 
commencing implementation of, the interim- and long-term storage and 
disposition of fissile materials (including plutonium, highly enriched 
uranium, and other fissile materials) that are excess to the national 
security needs of the United States, of which $10,000,000 shall be 
available for plutonium resource assessment on a competitive basis by 
an appropriate university consortium.

SEC. 3133. TRITIUM RECYCLING.

    (a) In General.--Except as provided in subsection (b), the 
following activities shall be carried out at the Savannah River Site, 
South Carolina:
            (1) All tritium recycling for weapons, including tritium 
        refitting.
            (2) All activities regarding tritium formerly carried out 
        at the Mound Plant, Ohio.
    (b) Exception.--The following activities may be carried out at the 
Los Alamos National Laboratory, New Mexico:
            (1) Research on tritium.
            (2) Work on tritium in support of the defense inertial 
        confinement fusion program.
            (3) Provision of technical assistance to the Savannah River 
        Site regarding the weapons surveillance program.

SEC. 3134. MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND 
              CERTIFICATION OF ENDURING NUCLEAR WEAPONS STOCKPILE.

    (a) Manufacturing Program.--The Secretary of Energy shall carry out 
a program for purposes of establishing within the Government a 
manufacturing infrastructure that has the following capabilities as 
specified in the Nuclear Posture Review:
            (1) To develop a stockpile surveillance engineering base.
            (2) To refabricate and certify weapon components and types 
        in the enduring nuclear weapons stockpile, as necessary.
            (3) To design, fabricate, and certify new nuclear warheads, 
        as necessary.
            (4) To support nuclear weapons.
            (5) To supply sufficient tritium in support of nuclear 
        weapons to ensure an upload hedge in the event circumstances 
        require.
    (b) Required Capabilities.--The manufacturing infrastructure 
established under the program under subsection (a) shall include the 
following capabilities (modernized to attain the objectives referred to 
in that subsection):
            (1) The weapons assembly capabilities of the Pantex Plant.
            (2) The weapon secondary fabrication capabilities of the Y-
        12 Plant, Oak Ridge, Tennessee.
            (3) The tritium production and recycling capabilities of 
        the Savannah River Site.
            (4) A weapon primary pit refabrication/manufacturing and 
        reuse facility capability at Savannah River Site (if required 
        for national security purposes).
            (5) The non-nuclear component capabilities of the Kansas 
        City Plant.
    (c) Nuclear Posture Review.--For purposes of subsection (a), the 
term ``Nuclear Posture Review'' means the Department of Defense Nuclear 
Posture Review as contained in the Report of the Secretary of Defense 
to the President and the Congress dated February 19, 1995, or 
subsequent such reports.
    (d) Funding.--Of the funds authorized to be appropriated under 
section 3101(b), $143,000,000 shall be available for carrying out the 
program required under this section, of which--
            (1) $35,000,000 shall be available for activities at the 
        Pantex Plant;
            (2) $30,000,000 shall be available for activities at the Y-
        12 Plant, Oak Ridge, Tennessee;
            (3) $35,000,000 shall be available for activities at the 
        Savannah River Site; and
            (4) $43,000,000 shall be available for activities at the 
        Kansas City Plant.

SEC. 3135. HYDRONUCLEAR EXPERIMENTS.

    Of the funds authorized to be appropriated to the Department of 
Energy under section 3101, $50,000,000 shall be available for 
preparation for the commencement of a program of hydronuclear 
experiments at the nuclear weapons design laboratories at the Nevada 
Test Site which program shall be for the purpose of maintaining 
confidence in the reliability and safety of the enduring nuclear 
weapons stockpile.

SEC. 3136. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO THE 
              DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.

    (a) In General.--The Secretary of Energy shall conduct a fellowship 
program for the development of skills critical to the ongoing mission 
of the Department of Energy nuclear weapons complex. Under the 
fellowship program, the Secretary shall--
            (1) provide educational assistance and research assistance 
        to eligible individuals to facilitate the development by such 
        individuals of skills critical to maintaining the ongoing 
        mission of the Department of Energy nuclear weapons complex;
            (2) employ eligible individuals at the facilities described 
        in subsection (c) in order to facilitate the development of 
        such skills by these individuals; or
            (3) provide eligible individuals with the assistance and 
        the employment.
    (b) Eligible Individuals.--Individuals eligible for participation 
in the fellowship program are the following:
            (1) Students pursuing graduate degrees in fields of science 
        or engineering that are related to nuclear weapons engineering 
        or to the science and technology base of the Department of 
        Energy.
            (2) Individuals engaged in postdoctoral studies in such 
        fields.
    (c) Covered Facilities.--The Secretary shall carry out the 
fellowship program at or in connection with the following facilities:
            (1) The Kansas City Plant, Kansas City, Missouri.
            (2) The Pantex Plant, Amarillo, Texas.
            (3) The Y-12 Plant, Oak Ridge, Tennessee.
            (4) The Savannah River Site, Aiken, South Carolina.
    (d) Administration.--The Secretary shall carry out the fellowship 
program at a facility referred to in subsection (c) through the 
stockpile manager of the facility.
    (e) Allocation of Funds.--The Secretary shall, in consultation with 
the Assistant Secretary of Energy for Defense Programs, allocate funds 
available for the fellowship program under subsection (f) among the 
facilities referred to in subsection (c). The Secretary shall make the 
allocation after evaluating an assessment by the weapons program 
director of each such facility of the personnel and critical skills 
necessary at the facility for carrying out the ongoing mission of the 
facility.
    (f) Funding.--Of the funds authorized to be appropriated to the 
Department of Energy for fiscal year 1996 under section 3101(b), 
$10,000,000 may be used for the purpose of carrying out the fellowship 
program under this section.

SEC. 3137. EDUCATION PROGRAM FOR DEVELOPMENT OF PERSONNEL CRITICAL TO 
              THE DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.

    (a) In General.--The Secretary of Energy shall conduct an education 
program to ensure the long-term supply of personnel having skills 
critical to the ongoing mission of the Department of Energy nuclear 
weapons complex. Under the program, the Secretary shall provide--
            (1) education programs designed to encourage and assist 
        students in study in the fields of math, science, and 
        engineering that are critical to maintaining the nuclear 
        weapons complex;
            (2) programs that enhance the teaching skills of teachers 
        who teach students in such fields; and
            (3) education programs that increase the scientific 
        understanding of the general public in areas of importance to 
        the nuclear weapons complex and to the Department of Energy 
        national laboratories.
    (b) Funding.--Of the funds authorized to be appropriated to the 
Department of Energy for fiscal year 1996 under section 3101(a), 
$10,000,000 may be used for the purpose of carrying out the education 
program under this section.

SEC. 3138. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH AND 
              DEVELOPMENT PURPOSES.

    Funds appropriated or otherwise made available to the Department of 
Energy for fiscal year 1996 under section 3101 may be obligated and 
expended for activities under the Department of Energy Laboratory 
Directed Research and Development Program or under Department of Energy 
technology transfer programs only if such activities support the 
national security mission of the Department.

SEC. 3139. PROCESSING OF HIGH LEVEL NUCLEAR WASTE AND SPENT NUCLEAR 
              FUEL RODS.

    (a) Electrometallurgical Processing Activities.--Of the amount 
authorized to be appropriated to the Department of Energy under section 
3102, not more than $2,500,000 shall be available for 
electrometallurgical processing activities at the Idaho National 
Engineering Laboratory.
    (b) Processing of Spent Nuclear Fuel Rods at Savannah River Site.--
Of the amount authorized to be appropriated to the Department of Energy 
under section 3102, $30,000,000 shall be available for operating and 
maintenance activities at the Savannah River Site, which amount shall 
be available for the development at the canyon facilities at the site 
of technological methods (including plutonium processing and 
reprocessing) of separating, reducing, isolating, and storing the spent 
nuclear fuel rods that are sent to the site from other Department of 
Energy facilities and from foreign facilities.
    (c) Processing of Spent Nuclear Fuel Rods at Idaho National 
Engineering Laboratory.--Of the amount authorized to be appropriated to 
the Department of Energy under section 3102, $15,000,000 shall be 
available for operating and maintenance activities at the Idaho 
National Engineering Laboratory, which amount shall be available for 
the development of technological methods of processing the spent 
nuclear fuel rods that will be sent to the laboratory from other 
Department of Energy facilities.
    (d) Spent Nuclear Fuel Defined.--In this section, the term ``spent 
nuclear fuel'' has the meaning given such term in section 2(23) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)).

SEC. 3140. DEPARTMENT OF ENERGY DECLASSIFICATION PRODUCTIVITY 
              INITIATIVE.

    Of the funds authorized to be appropriated to the Department of 
Energy under section 3103, $3,000,000 shall be available for the 
Declassification Productivity Initiative of the Department of Energy.

SEC. 3141. AUTHORITY TO REPROGRAM FUNDS FOR DISPOSITION OF CERTAIN 
              SPENT NUCLEAR FUEL.

    (a) Authority To Reprogram.--Notwithstanding any other provision of 
law and subject to subsection (b), the Secretary of Energy may 
reprogram funds available to the Department of Energy for fiscal year 
1996 under section 3101(b) or 3102(b) to make such funds available for 
use for storage pool treatment and stabilization or for canning and 
storage in connection with the disposition of spent nuclear fuel in the 
Democratic People's Republic of Korea, which treatment and 
stabilization or canning and storage is--
            (1) necessary in order to meet International Atomic Energy 
        Agency safeguard standards with respect to the disposition of 
        spent nuclear fuel; and
            (2) conducted in fulfillment of the Nuclear Framework 
        Agreement between the United States and the Democratic People's 
        Republic of Korea dated October 21, 1994.
    (b) Limitation.--The total amount that the Secretary may reprogram 
under the authority in subsection (a) may not exceed $5,000,000.
    (c) Definition.--In this section, the term ``spent nuclear fuel'' 
has the meaning given such term in section 2(23) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10101(23)).

SEC. 3142. PROTECTION OF WORKERS AT NUCLEAR WEAPONS FACILITIES.

    Of the funds authorized to be appropriated to the Department of 
Energy under section 3102, $10,000,000 shall be available to carry out 
activities authorized under section 3131 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1571; 42 U.S.C. 7274d), relating to worker protection at 
nuclear weapons facilities.

 Subtitle D--Review of Department of Energy National Security Programs

SEC. 3151. REVIEW OF DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

    (a) Report.--Not later than March 15, 1996, the Secretary of 
Defense shall, in consultation with the Secretary of Energy, submit to 
the congressional defense committees a report on the national security 
programs of the Department of Energy.
    (b) Contents of Report.--The report shall include an assessment of 
the following:
            (1) The effectiveness of the Department of Energy in 
        maintaining the safety and reliability of the enduring nuclear 
        weapons stockpile.
            (2) The management by the Department of the nuclear weapons 
        complex, including--
                    (A) a comparison of the Department of Energy's 
                implementation of applicable environmental, health, and 
                safety requirements with the implementation of similar 
                requirements by the Department of Defense; and
                    (B) a comparison of the costs and benefits of the 
                national security research and development programs of 
                the Department of Energy with the costs and benefits of 
                similar programs sponsored by the Department of 
                Defense.
            (3) The fulfillment of the requirements established for the 
        Department of Energy in the Nuclear Posture Review.
    (c) Definition.--In this section, the term ``Nuclear Posture 
Review'' means the Department of Defense Nuclear Posture Review as 
contained in the Report of the Secretary of Defense to the President 
and the Congress dated February 19, 1995, or in subsequent such 
reports.

                       Subtitle E--Other Matters

SEC. 3161. RESPONSIBILITY FOR DEFENSE PROGRAMS EMERGENCY RESPONSE 
              PROGRAM.

    The Office of Military Applications under the Assistant Secretary 
of Energy for Defense Programs shall retain responsibility for the 
Defense Programs Emergency Response Program within the Department of 
Energy.

SEC. 3162. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES 
              BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1996.

    (a) In General.--The weapons activities budget of the Department of 
Energy shall be developed in accordance with the Nuclear Posture 
Review, the Post Nuclear Posture Review Stockpile Memorandum currently 
under development, and the programmatic and technical requirements 
associated with the review and memorandum.
    (b) Required Detail.--The Secretary of Energy shall include in the 
materials that the Secretary submits to Congress in support of the 
budget for a fiscal year submitted by the President pursuant to section 
1105 of title 31, United States Code, a long-term program plan, and a 
near-term program plan, for the certification and stewardship of the 
enduring nuclear weapons stockpile.
    (c) Definition.--In this section, the term ``Nuclear Posture 
Review'' means the Department of Defense Nuclear Posture Review as 
contained in the Report of the Secretary of Defense to the President 
and the Congress dated February 19, 1995, or in subsequent such 
reports.

SEC. 3163. REPORT ON PROPOSED PURCHASES OF TRITIUM FROM FOREIGN 
              SUPPLIERS.

    (a) Requirement.--Not later than May 30, 1997, the President shall 
submit to the congressional defense committees a report on any plans of 
the President to purchase from foreign suppliers tritium to be used for 
purposes of the nuclear weapons stockpile of the United States.
    (b) Form of Report.--The report shall be submitted in unclassified 
form, but may contain a classified annex.

SEC. 3164. REPORT ON HYDRONUCLEAR TESTING.

    (a) Report.--The Secretary of Energy shall direct the joint 
preparation by the Lawrence Livermore National Laboratory and the Los 
Alamos National Laboratory of a report on the advantages and 
disadvantages for the safety and reliability of the enduring nuclear 
weapons stockpile of permitting alternative limits to the current 
limits on the explosive yield of hydronuclear tests. The report shall 
address the following explosive yield limits:
            (1) 4 pounds (TNT equivalent).
            (2) 400 pounds (TNT equivalent).
            (3) 4,000 pounds (TNT equivalent).
            (4) 40,000 pounds (TNT equivalent).
    (b) Funding.--The Secretary shall make available funds authorized 
to be appropriated to the Department of Energy under section 3101 for 
preparation of the report required under subsection (a).

SEC. 3165. PLAN FOR THE CERTIFICATION AND STEWARDSHIP OF THE ENDURING 
              NUCLEAR WEAPONS STOCKPILE.

    (a) Requirement.--Not later than March 15, 1996, and every March 15 
thereafter, the Secretary of Energy shall submit to the Secretary of 
Defense a plan for maintaining the enduring nuclear weapons stockpile.
    (b) Plan Elements.--Each plan under subsection (a) shall set forth 
the following:
            (1) The numbers of weapons (including active weapons and 
        inactive weapons) for each type of weapon in the enduring 
        nuclear weapons stockpile.
            (2) The expected design lifetime of each weapon system 
        type, the current age of each weapon system type, and any plans 
        (including the analytical basis for such plans) for lifetime 
        extensions of a weapon system type.
            (3) An estimate of the lifetime of the nuclear and non-
        nuclear components of the weapons (including active weapons and 
        inactive weapons) in the enduring nuclear weapons stockpile, 
        and any plans (including the analytical basis for such plans) 
        for lifetime extensions of such components.
            (4) A schedule of the modifications, if any, required for 
        each weapon type (including active weapons and inactive 
        weapons) in the enduring nuclear weapons stockpile, and the 
        cost of such modifications.
            (5) The process to be used in recertifying the safety, 
        reliability, and performance of each weapon type (including 
        active weapons and inactive weapons) in the enduring nuclear 
        weapons stockpile.
            (6) The manufacturing infrastructure required to maintain 
        the nuclear weapons stockpile stewardship management program.

SEC. 3166. APPLICABILITY OF ATOMIC ENERGY COMMUNITY ACT OF 1955 TO LOS 
              ALAMOS, NEW MEXICO.

    (a) Date of Transfer of Utilities.--Section 72 of the Atomic Energy 
Community Act of 1955 (42 U.S.C. 2372) is amended by striking out ``not 
later than five years after the date it is included within this Act'' 
and inserting in lieu thereof ``not later than June 30, 1998''.
    (b) Date of Transfer of Municipal Installations.--Section 83 of 
such Act (42 U.S.C. 2383) is amended by striking out ``not later than 
five years after the date it is included within this Act'' and 
inserting in lieu thereof ``not later than June 30, 1998''.
    (c) Recommendation for Further Assistance Payments.--Section 91 of 
such Act (42 U.S.C. 2391) is amended--
            (1) by striking out ``, and the Los Alamos School Board;'' 
        and all that follows through ``county of Los Alamos, New 
        Mexico'' and inserting in lieu thereof ``; or not later than 
        June 30, 1996, in the case of the Los Alamos School Board and 
        the county of Los Alamos, New Mexico''; and
            (2) by adding at the end the following new sentence: ``If 
        the recommendation under the preceding sentence regarding the 
        Los Alamos School Board or the county of Los Alamos, New 
        Mexico, indicates a need for further assistance for the school 
        board or the county, as the case may be, after June 30, 1997, 
        the recommendation shall include a report and plan describing 
        the actions required to eliminate the need for further 
        assistance for the school board or the county, including a 
        proposal for legislative action to carry out the plan.''.
    (d) Contract To Make Payments.--Section 94 of such Act (42 U.S.C. 
2394) is amended--
            (1) by striking out ``June 30, 1996'' each place it appears 
        in the proviso in the first sentence and inserting in lieu 
        thereof ``June 30, 1997''; and
            (2) by striking out ``July 1, 1996'' in the second sentence 
        and inserting in lieu thereof ``July 1, 1997''.

SEC. 3167. SENSE OF SENATE ON NEGOTIATIONS REGARDING SHIPMENTS OF SPENT 
              NUCLEAR FUEL FROM NAVAL REACTORS.

    (a) Sense of the Senate.--It is the sense of the Senate that the 
Secretary of Defense, the Secretary of Energy, and the Governor of the 
State of Idaho should continue good faith negotiations for the purpose 
of reaching an agreement on the issue of shipments of spent nuclear 
fuel from naval reactors.
    (b) Report.--(1) Not later than September 15, 1995, the Secretary 
of Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives a written report on the status or outcome of the 
negotiations urged under subsection (a).
    (2) The report shall include the following matters:
            (A) If an agreement is reached, the terms of the agreement, 
        including the dates on which shipments of spent nuclear fuel 
        from naval reactors will resume.
            (B) If an agreement is not reached--
                    (i) the Secretary's evaluation of the issues 
                remaining to be resolved before an agreement can be 
                reached;
                    (ii) the likelihood that an agreement will be 
                reached before October 1, 1995; and
                    (iii) the steps that must be taken regarding the 
                shipment of spent nuclear fuel from naval reactors to 
                ensure that the Navy can meet the national security 
                requirements of the United States.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 1996, 
$17,000,000 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.).

                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

SEC. 3301. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1 (ELK HILLS).

    (a) Sale of Elk Hills Unit Required.--(1) Chapter 641 of title 10, 
United States Code, is amended by inserting after section 7421 the 
following new section:
``Sec. 7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills)
    ``(a) Sale Required.--(1) Notwithstanding any other provision of 
this chapter other than section 7431(a)(2) of this title, the Secretary 
shall sell all right, title, and interest of the United States in and 
to lands owned or controlled by the United States inside Naval 
Petroleum Reserve Numbered 1, commonly referred to as the Elk Hills 
Unit, located in Kern County, California, and established by Executive 
order of the President, dated September 2, 1912. Subject to subsection 
(j), within one year after the effective date, the Secretary shall 
enter into one or more contracts for the sale of all of the interest of 
the United States in the reserve.
    ``(2) In this section:
            ``(A) The term `reserve' means Naval Petroleum Reserve 
        Numbered 1.
            ``(B) The term `unit plan contract' means the unit plan 
        contract between equity owners of the lands within the 
        boundaries of Naval Petroleum Reserve Numbered 1 entered into 
        on June 19, 1944.
            ``(C) The term `effective date' means the date of the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 1996.
    ``(b) Equity Finalization.--(1) Not later than three months after 
the effective date, the Secretary shall finalize equity interests of 
the known oil and gas zones in Naval Petroleum Reserve Numbered 1 in 
the manner provided by this subsection.
    ``(2) The Secretary shall retain the services of an independent 
petroleum engineer, mutually acceptable to the equity owners, who shall 
prepare a recommendation on final equity figures. The Secretary may 
accept the recommendation of the independent petroleum engineer for 
final equity in each known oil and gas zone and establish final equity 
interest in the Naval Petroleum Reserve Numbered 1 in accordance with 
such recommendation, or the Secretary may use such other method to 
establish final equity interest in the reserve as the Secretary 
considers appropriate.
    ``(3) If, on the effective date, there is an ongoing equity 
redetermination dispute between the equity owners under section 9(b) of 
the unit plan contract, such dispute shall be resolved in the manner 
provided in the unit plan contract within five months after the 
effective date. Such resolution shall be considered final for all 
purposes under this section.
    ``(c) Timing and Administration of Sale.--(1) Not later than two 
months after the effective date, the Secretary shall publish a notice 
of intent to sell the Naval Petroleum Reserve Numbered 1. The Secretary 
shall make all technical, geological, and financial information 
relevant to the sale of the reserve available to all interested and 
qualified buyers upon request. The Secretary, in consultation with the 
Administrator of General Services, shall ensure that the sale process 
is fair and open to all interested and qualified parties.
    ``(2)(A) Not later than two months after the effective date, the 
Secretary shall retain the services of five independent experts in the 
valuation of oil and gas fields to conduct separate assessments, in a 
manner consistent with commercial practices, of the value of the 
interest of the United States in Naval Petroleum Reserve Numbered 1. In 
making their assessments, the independent experts shall consider (among 
other factors) all equipment and facilities to be included in the sale, 
the estimated quantity of petroleum and natural gas in the reserve, and 
the net present value of the anticipated revenue stream that the 
Secretary and the Director of the Office of Management and Budget 
jointly determine the Treasury would receive from the reserve if the 
reserve were not sold, adjusted for any anticipated increases in tax 
revenues that would result if the reserve were sold. The independent 
experts shall complete their assessments within six months after the 
effective date.
    ``(B) The independent experts shall also determine and submit to 
the Secretary the estimated total amount of the cost of any 
environmental restoration and remediation necessary at the reserve. The 
Secretary shall report the estimate to the Director of the Office of 
Management and Budget, the Secretary of the Treasury, and Congress.
    ``(C) The Secretary, in consultation with the Director of the 
Office of Management and Budget, shall set the minimum acceptable price 
for the reserve. The Secretary may not set the minimum acceptable price 
below the average of three of the assessments (after excluding the high 
and low assessments) made under subparagraph (A).
    ``(3) Not later than two months after the effective date, the 
Secretary shall retain the services of an investment banker to 
independently administer, in a manner consistent with commercial 
practices and in a manner that maximizes sale proceeds to the 
Government, the sale of Naval Petroleum Reserve Numbered 1 under this 
section. Notwithstanding section 7433(b) of this title, costs and fees 
of retaining the investment banker shall be paid out of the proceeds of 
the sale of the reserve.
    ``(4)(A) Not later than six months after the effective date, the 
investment banker serving as the sales administrator under paragraph 
(3) shall complete a draft contract or contracts for the sale of Naval 
Petroleum Reserve Numbered 1, which shall accompany the invitation for 
bids and describe the terms and provisions of the sale of the interest 
of the United States in the reserve.
    ``(B) The draft contract or contracts shall identify--
            ``(i) all equipment and facilities to be included in the 
        sale; and
            ``(ii) any potential claim or liability (including 
        liability for environmental restoration and remediation), and 
        the extent of any such claim or liability, for which the United 
        States is responsible under subsection (d).
    ``(C) The draft contract or contracts, including the terms and 
provisions of the sale of the interest of the United States in the 
reserve, shall be subject to review and approval by the Secretary, the 
Secretary of the Treasury, and the Director of the Office of Management 
and Budget. Each of those officials shall complete the review of, and 
approve or disapprove, the draft contract or contracts not later than 
seven months after the effective date.
    ``(5) Not later than seven months after the effective date, the 
Secretary shall publish an invitation for bids for the purchase of the 
reserve.
    ``(6) Not later than 10 months after the effective date, the 
Secretary shall identify the highest responsible offer or offers for 
purchase of the interest of the United States in Naval Petroleum 
Reserve Numbered 1 that, in total, meet or exceed the minimum 
acceptable price determined under paragraph (2).
    ``(7) The Secretary shall take such action immediately after the 
effective date as is necessary to obtain from an independent petroleum 
engineer within six months after that date a certification regarding 
the quantity of the content of the reserve. The Secretary shall use the 
certification in support of the preparation of the invitation for bids.
    ``(d) Future Liabilities.--The United States shall hold harmless 
and fully indemnify the purchaser or purchasers (as the case may be) of 
the interest of the United States in Naval Petroleum Reserve Numbered 1 
from and against any claim or liability as a result of ownership in the 
reserve by the United States, including any claim referred to in 
subsection (e).
    ``(e) Treatment of State of California Claim.--After the costs 
incurred in the conduct of the sale of Naval Petroleum Reserve Numbered 
1 under this section are deducted, seven percent of the remaining 
proceeds from the sale of the reserve shall be reserved in a contingent 
fund in the Treasury (for a period not to exceed 10 years after the 
effective date) for payment to the State of California in the event 
that, and to the extent that, the claims of the State against the 
United States regarding production and proceeds of sale from Naval 
Petroleum Reserve Numbered 1 are resolved in favor of the State by a 
court of competent jurisdiction. Funds in the contingent fund shall be 
available for paying any such claim to the extent provided in 
appropriation Acts. After final disposition of the claims, any 
unobligated balance in the contingent fund shall be credited to the 
general fund of the Treasury.
    ``(f) Maintaining Elk Hills Unit Production.--Until the sale of 
Naval Petroleum Reserve Numbered 1 is completed under this section, the 
Secretary shall continue to produce the reserve at the maximum daily 
oil or gas rate from a reservoir, which will permit maximum economic 
development of the reservoir consistent with sound oil field 
engineering practices in accordance with section 3 of the unit plan 
contract. The definition of maximum efficient rate in section 7420(6) 
of this title shall not apply to the reserve.
    ``(g) Effect on Existing Contracts.--(1) In the case of any 
contract, in effect on the effective date, for the purchase of 
production from any part of the United States' share of Naval Petroleum 
Reserve Numbered 1, the sale of the interest of the United States in 
the reserve shall be subject to the contract for a period of three 
months after the closing date of the sale or until termination of the 
contract, whichever occurs first. The term of any contract entered into 
after the effective date for the purchase of such production shall not 
exceed the anticipated closing date for the sale of the reserve.
    ``(2) The Secretary shall exercise the termination procedures 
provided in the contract between the United States and Bechtel 
Petroleum Operation, Inc., Contract Number DE-ACO1-85FE60520 so that 
the contract terminates not later than the date of closing of the sale 
of Naval Petroleum Reserve Numbered 1 under subsection (c).
    ``(3) The Secretary shall exercise the termination procedures 
provided in the unit plan contract so that the unit plan contract 
terminates not later than the date of closing of the sale of reserve.
    ``(h) Effect on Antitrust Laws.--Nothing in this section shall be 
construed to alter the application of the antitrust laws of the United 
States to the purchaser or purchasers (as the case may be) of Naval 
Petroleum Reserve Numbered 1 or to the lands in the reserve subject to 
sale under this section upon the completion of the sale.
    ``(i) Preservation of Private Right, Title, and Interest.--Nothing 
in this section shall be construed to adversely affect the ownership 
interest of any other entity having any right, title, and interest in 
and to lands within the boundaries of Naval Petroleum Reserve Numbered 
1 and which are subject to the unit plan contract.
    ``(j) Notice to Congress.--(1) Subject to paragraph (2), the 
Secretary may not enter into any contract for the sale of the reserve 
until the end of the 31-day period beginning on the date on which the 
Secretary notifies the Committee on Armed Services of the Senate and 
the Committee on National Security and the Committee on Commerce of the 
House of Representatives of the conditions of the proposed sale.
    ``(2) If the Secretary receives only one offer for purchase of the 
reserve or any subcomponent thereof, the Secretary may not enter into a 
contract for the sale of the reserve unless--
            ``(A) the Secretary submits to Congress a notification of 
        the receipt of only one offer together with the conditions of 
        the proposed sale of the reserve or parcel to the offeror; and
            ``(B) a joint resolution of approval described in 
        subsection (k) is enacted within 45 days after the date of the 
        notification.
    ``(k) Joint Resolution of Approval.--(1) For the purpose of 
paragraph (2)(B) of subsection (j), `joint resolution of approval' 
means only a joint resolution that is introduced after the date on 
which the notification referred to in that paragraph is received by 
Congress, and--
            ``(A) that does not have a preamble;
            ``(B) the matter after the resolving clause of which reads 
        only as follows: `That Congress approves the proposed sale of 
        Naval Petroleum Reserve Numbered 1 reported in the notification 
        submitted to Congress by the Secretary of Energy on 
        ____________.' (the blank space being filled in with the 
        appropriate date); and
            ``(C) the title of which is as follows: `Joint resolution 
        approving the sale of Naval Petroleum Reserve Numbered 1'.
    ``(2) A resolution described in paragraph (1) introduced in the 
House of Representatives shall be referred to the Committee on National 
Security of the House of Representatives. A resolution described in 
paragraph (1) introduced in the Senate shall be referred to the 
Committee on Armed Services of the Senate. Such a resolution may not be 
reported before the 8th day after its introduction.
    ``(3) If the committee to which is referred a resolution described 
in paragraph (1) has not reported such resolution (or an identical 
resolution) at the end of 15 calendar days after its introduction, such 
committee shall be deemed to be discharged from further consideration 
of such resolution and such resolution shall be placed on the 
appropriate calendar of the House involved.
    ``(4)(A) When the committee to which a resolution is referred has 
reported, or has been deemed to be discharged (under paragraph (3)) 
from further consideration of, a resolution described in paragraph (1), 
it is at any time thereafter in order (even though a previous motion to 
the same effect has been disagreed to) for any Member of the respective 
House to move to proceed to the consideration of the resolution, and 
all points of order against the resolution (and against consideration 
of the resolution) are waived. The motion is highly privileged in the 
House of Representatives and is privileged in the Senate and is not 
debatable. The motion is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the motion is agreed 
to or disagreed to shall not be in order. If a motion to proceed to the 
consideration of the resolution is agreed to, the resolution shall 
remain the unfinished business of the respective House until disposed 
of.
    ``(B) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 10 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. A motion further to limit debate is in order 
and not debatable. An amendment to, or a motion to postpone, or a 
motion to proceed to the consideration of other business, or a motion 
to recommit the resolution is not in order. A motion to reconsider the 
vote by which the resolution is agreed to or disagreed to is not in 
order.
    ``(C) Immediately following the conclusion of the debate on a 
resolution described in paragraph (2), and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur.
    ``(D) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in paragraph (1) shall be decided without debate.
    ``(5) If, before the passage by one House of a resolution of that 
House described in paragraph (1), that House receives from the other 
House a resolution described in paragraph (1), then the following 
procedures shall apply:
            ``(A) The resolution of the other House shall not be 
        referred to a committee.
            ``(B) With respect to a resolution described in paragraph 
        (2) of the House receiving the resolution--
                    ``(i) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    ``(ii) the vote on final passage shall be on the 
                resolution of the other House.
    ``(6) This subsection is enacted by Congress--
            ``(A) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in paragraph 
        (1), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            ``(B) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    ``(l) Noncompliance With Deadlines.--If, at any time during the 
one-year period beginning on the effective date, the Secretary 
determines that the actions necessary to complete the sale of the 
reserve within that period are not being taken or timely completed, the 
Secretary shall transmit to the Committee on Armed Services of the 
Senate and the Committees on National Security and on Commerce of the 
House of Representatives a notification of that determination together 
with a plan setting forth the actions that will be taken to ensure that 
the sale of the reserve will be completed within that period. The 
Secretary shall consult with the Director of the Office of Management 
and Budget in preparing the plan for submission to the committees.
    ``(m) Oversight.--The Comptroller General shall monitor the actions 
of the Secretary relating to the sale of the reserve and report to the 
Committee on Armed Services of the Senate and the Committee on National 
security of the House of Representatives any findings on such actions 
that the Comptroller General considers appropriate to report to such 
committees.
    ``(n) Acquisition of Services.--The Secretary may enter into 
contracts for the acquisition of services required under this section 
under the authority of paragraph (7) of section 303(c) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)), 
except that the notification required under subparagraph (B) of such 
paragraph for each contract shall be submitted to Congress not less 
than 7 days before the award of the contract.
    ``(o) Reconsideration of Process of Sale.--(1) If during the course 
of the sale of the reserve the Secretary of Energy and the Director of 
the Office of Management and Budget jointly determine that--
            ``(A) the sale is proceeding in a manner inconsistent with 
        achievement of a sale price that reflects the full value of the 
        reserve, or
            ``(B) a course of action other than the immediate sale of 
        the reserve is in the best interests of the United States,
the Secretary shall submit a notification of the determination to the 
Committee on Armed Services of the Senate and the Committees on 
National Security and on Commerce of the House of Representatives.
    ``(2) After the Secretary submits a notification under paragraph 
(1), the Secretary may not complete the sale the reserve under this 
section unless there is enacted a joint resolution--
            ``(A) that is introduced after the date on which the 
        notification is received by the committees referred to in such 
        paragraph;
            ``(B) that does not have a preamble;
            ``(C) the matter after the resolving clause of which reads 
        only as follows: `That the Secretary of Energy shall proceed 
        with activities to sell Naval Petroleum Reserve Numbered 1 in 
        accordance with section 7421a of title 10, United States Code, 
        notwithstanding the determination set forth in the notification 
        submitted to Congress by the Secretary of Energy on 
        ____________.' (the blank space being filled in with the 
        appropriate date); and
            ``(D) the title of which is as follows: `Joint resolution 
        approving continuation of actions to sell Naval Petroleum 
        Reserve Numbered 1'.
    ``(3) Subsection (k), except for paragraph (1) of such subsection, 
shall apply to the joint resolution described in paragraph (2).''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 7421 the 
following new item:

``7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).''.
    (b) Authorization of Appropriations.--Funds are authorized to be 
appropriated for fiscal year 1996 for carrying out section 7421a of 
title 10, United States Code (as added by subsection (a)), in the total 
amount of $7,000,000.

SEC. 3302. FUTURE OF NAVAL PETROLEUM RESERVES (OTHER THAN NAVAL 
              PETROLEUM RESERVE NUMBERED 1).

    (a) Study of Future of Petroleum Reserves.--(1) The Secretary of 
Energy shall conduct a study to determine which of the following 
options, or combination of options, would maximize the value of the 
naval petroleum reserves to or for the United States:
            (A) Transfer of all or a part of the naval petroleum 
        reserves to the jurisdiction of the Department of the Interior 
        for leasing in accordance with the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) and surface management in accordance with 
        the Federal Land Policy and Management Act (43 U.S.C. 1701 et 
        seq.).
            (B) Lease of the naval petroleum reserves consistent with 
        the provisions of such Acts.
            (C) Sale of the interest of the United States in the naval 
        petroleum reserves.
    (2) The Secretary shall retain such independent consultants as the 
Secretary considers appropriate to conduct the study.
    (3) An examination of the value to be derived by the United States 
from the transfer, lease, or sale of the naval petroleum reserves under 
paragraph (1) shall include an assessment and estimate, in a manner 
consistent with customary property valuation practices in the oil 
industry, of the fair market value of the interest of the United States 
in the naval petroleum reserves.
    (4) Not later than December 31, 1995, the Secretary shall submit to 
Congress and make available to the public a report describing the 
results of the study and containing such recommendations as the 
Secretary considers appropriate to implement the option, or combination 
of options, identified in the study that would maximize the value of 
the naval petroleum reserves to or for the United States.
    (b) Implementation of Recommendations.--Not earlier than 31 days 
after submitting to Congress the report required under subsection 
(a)(4), and not later than December 31, 1996, the Secretary shall carry 
out the recommendations contained in the report.
    (c) Naval Petroleum Reserves Defined.--For purposes of this 
section, the term ``naval petroleum reserves'' has the meaning given 
that term in section 7420(2) of title 10, United States Code, except 
that such term does not include Naval Petroleum Reserve Numbered 1.

                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) Obligations Authorized.--During fiscal year 1996, the National 
Defense Stockpile Manager may obligate up to $77,100,000 of the funds 
in the National Defense Stockpile Transaction Fund established under 
subsection (a) of section 9 of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds 
under subsection (b)(2) of such section.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 3402. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS CONTAINED IN THE 
              NATIONAL DEFENSE STOCKPILE.

    (a) Disposal Authorized.--Subject to the conditions specified in 
subsection (b), the President may dispose of obsolete and excess 
materials currently contained in the National Defense Stockpile in 
order to modernize the stockpile. The materials subject to disposal 
under this subsection and the quantity of each material authorized to 
be disposed of by the President are set forth in the following table:
      

                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
                Material for disposal                 Quantity          
------------------------------------------------------------------------
       Aluminum..............................  62,881 short tons        
       Aluminum Oxide, Abrasive Grade........  2,456 short tons         
       Antimony..............................  34 short tons            
       Bauxite, Metallurgical Grade, Jamaican  321,083 long dry tons    
       Bauxite, Refractory...................  53,788 long dry tons     
       Beryllium, Copper Master Alloy........  7,387 short tons         
       Beryllium, Metal......................  300 short tons           
       Chromite, Chemical Grade Ore..........  34,709 short dry tons    
       Chromite, Metallurgical Grade Ore.....  580,700 short dry tons   
       Chromite, Refractory Grade Ore........  159,282, short dry tons  
       Chromium, Ferro Group.................  712,362 short tons       
       Chromium Metal........................  2,971 short tons         
       Cobalt................................  27,868,181 pounds of     
                                                contained cobalt        
       Columbium Group.......................  2,871,194 pounds of      
                                                contained columbium     
       Diamond, Bort.........................  61,542 carats            
       Diamond Stones........................  3,030,087 carats         
       Fluorspar, Acid Grade.................  28,047 short dry tons    
       Germanium Metal.......................  53,200 kilograms         
       Graphite, Natural, Ceylon Lump........  5,492 short tons         
       Iodine................................  871 pounds               
       Indium................................  50,205 troy ounces       
       Jewel bearings........................  30,237,764 pieces        
       Manganese, Ferro, High Carbon.........  230,481 short tons       
       Manganese, Ferro, Medium Carbon.......  19,752 short tons        
       Manganese, Ferro, Silicon.............  202 short tons           
       Mica, Muscovite Block, Stained and      325,896 pounds           
        Better.                                                         
       Mica, Phlogopite Block................  130,745 pounds           
       Morphine, Sulfate & Analgesic, Refined  5,679 pounds of anhydrous
                                                morphine alkaloid       
       Nickel................................  887 short tons           
       Platinum..............................  252,641 troy ounces      
       Palladium.............................  1,064,601 troy ounces    
       Rubber, Natural.......................  25,138 long tons         
       Rutile................................  257 short dry tons       
       Talc, Block & Lump....................  2 short tons             
       Tantalum, Carbide Powder..............  28,688 pounds of         
                                                contained tantalum      
       Tantalum, Minerals....................  2,575,234 pounds of      
                                                contained tantalum      
       Tantalum, Oxide.......................  163,691 pounds of        
                                                contained tantalum      
       Thorium Nitrate.......................  551,687 pounds           
       Tin...................................  1,077 metric tons        
       Titanium Sponge.......................  24,830 short tons        
       Tungsten Group........................  82,312,516 pounds of     
                                                contained tungsten      
       Vegetable Tannin, Chestnut............  15 long tons             
       Zirconium.............................  15,991 short dry tons    
                                                                        
------------------------------------------------------------------------

    (b) Conditions on Disposal.--The authority of the President under 
subsection (a) to dispose of materials stored in the stockpile may not 
be used unless and until the Secretary of Defense certifies to Congress 
that the disposal of such materials will not adversely affect the 
capability of the National Defense Stockpile to supply the strategic 
and critical materials necessary to meet the needs of the United States 
during a period of national emergency that requires a significant level 
of mobilization of the economy of the United States, including any 
reconstitution of the military and industrial capabilities necessary to 
meet the planning assumptions used by the Secretary of Defense under 
section 14(b) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h-5(b)).
    (c) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is in addition to any other 
disposal authority provided by law.

SEC. 3403. DISPOSAL OF CHROMITE AND MANGANESE ORES AND CHROMIUM FERRO 
              AND MANGANESE METAL ELECTROLYTIC.

    (a) Domestic Upgrading.--In offering to enter into agreements 
pursuant to any provision of law for the disposal from the National 
Defense Stockpile of chromite and manganese ores of metallurgical grade 
or chromium ferro and manganese metal electrolytic, the President shall 
give a right of first refusal on all such offers to domestic ferroalloy 
upgraders.
    (b) Domestic Ferroalloy Upgrader Defined.--For purposes of this 
section, the term ``domestic ferroalloy upgrader'' means a company or 
other business entity that, as determined by the President--
            (1) is engaged in operations to upgrade chromite or 
        manganese ores of metallurgical grade or chromium ferro and 
        manganese metal electrolytic; and
            (2) conducts a significant level of its research, 
        development, engineering, and upgrading operations in the 
        United States.

SEC. 3404. RESTRICTIONS ON DISPOSAL OF MANGANESE FERRO.

    (a) Disposal of Lower Grade Material First.--The President may not 
dispose of high carbon manganese ferro in the National Defense 
Stockpile that meets the National Defense Stockpile classification of 
Grade One, Specification 30(a), as revised on May 22, 1992, until 
completing the disposal of all manganese ferro in the National Defense 
Stockpile that does not meet such classification. The President may not 
reclassify manganese ferro in the National Defense Stockpile after the 
date of the enactment of this Act.
    (b) Requirement for Remelting by Domestic Ferroalloy Producers.--
Manganese ferro in the National Defense Stockpile that does not meet 
the classification specified in subsection (a) may be sold only for 
remelting by a domestic ferroalloy producer.
    (c) Domestic Ferroalloy Producer Defined.--For purposes of this 
section, the term ``domestic ferroalloy producer'' means a company or 
other business entity that, as determined by the President--
            (1) is engaged in operations to upgrade manganese ores of 
        metallurgical grade or manganese ferro; and
            (2) conducts a significant level of its research, 
        development, engineering, and upgrading operations in the 
        United States.

SEC. 3405. EXCESS DEFENSE-RELATED MATERIALS: TRANSFER TO STOCKPILE AND 
              DISPOSAL.

    (a) Transfer and Disposal.--The Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98 et seq.) is amended by adding at the end 
the following:

 ``excess defense-related materials: transfer to stockpile and disposal

    ``Sec. 17. (a) The Secretary of Energy, in consultation with the 
Secretary of Defense, shall transfer to the stockpile for disposal in 
accordance with this Act uncontaminated materials that are in the 
inventory of Department of Energy materials for production of defense-
related items, are excess to the requirements of the department for 
that purpose, and are suitable for transfer to the stockpile and 
disposal through the stockpile.
    ``(b) The Secretary of Defense shall determine whether materials 
are suitable for transfer to the stockpile under this section, are 
suitable for disposal through the stockpile, and are uncontaminated.''.
    (b) Conforming Amendment.--Section 4(a) of such Act (50 U.S.C. 
98c(a)) is amended by adding at the end the following:
            ``(10) Materials transferred to the stockpile under section 
        17.''.

                  TITLE XXXV--PANAMA CANAL COMMISSION

SEC. 3501. SHORT TITLE.

    This title may be cited as the ``Panama Canal Commission 
Authorization Act for Fiscal Year 1996''.

SEC. 3502. AUTHORIZATION OF EXPENDITURES.

    (a) In General.--Subject to subsection (b), the Panama Canal 
Commission is authorized to make such expenditures within the limits of 
funds and borrowing authority available to it in accordance with law, 
and to make such contracts and commitments without regard to fiscal 
year limitations, as may be necessary under the Panama Canal Act of 
1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, and 
improvement of the Panama Canal for fiscal year 1996.
    (b) Limitations.--For fiscal year 1996, the Panama Canal Commission 
may expend from funds in the Panama Canal Revolving Fund not more than 
$50,741,000 for administrative expenses, of which not more than--
            (1) $15,000 may be used for official reception and 
        representation expenses of the Supervisory Board of the 
        Commission;
            (2) $10,000 may be used for official reception and 
        representation expenses of the Secretary of the Commission; and
            (3) $45,000 may be used for official reception and 
        representation expenses of the Administrator of the Commission.
    (c) Replacement Vehicles.--Funds available to the Panama Canal 
Commission shall be available for the purchase of not to exceed 38 
passenger motor vehicles (including large heavy-duty vehicles to be 
used to transport Commission personnel across the isthmus of Panama) at 
a cost per vehicle of not more than $19,500. A vehicle may be purchased 
with such funds only as necessary to replace another passenger motor 
vehicle of the Commission.
            Passed the Senate September 6 (legislative day, September 
      5), 1994.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1126

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 1996 for defense activities 
          of the Department of Energy, and for other purposes.
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