[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1126 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 169

104th CONGRESS

  1st Session

                                S. 1126

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

               August 7 (legislative day, July 10), 1995

                 Read twice and placed on the calendar





                                                       Calendar No. 169
104th CONGRESS
  1st Session
                                S. 1126

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 7 (legislative day, July 10), 1995

    Mr. Thurmond from the Committee on Armed Services, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
      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.
                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. Plutonium 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. Effect of issuance of environmental impact statements on use 
                            of funds for certain Department of Energy 
                            facilities.
Sec. 3138. Dual-axis Radiographic Hydrotest Facility.
Sec. 3139. Limitation on use of funds for certain research and 
                            education purposes.
Sec. 3140. Processing of high level nuclear waste and spent nuclear 
                            fuel rods.
Sec. 3141. Department of Energy Declassification Productivity 
                            Initiative.
Sec. 3142. Authority to reprogram funds for disposition of certain 
                            spent nuclear fuel.
Sec. 3143. Protection of workers at nuclear weapons facilities.
Subtitle D--Transfer of Jurisdiction Over Department of Energy National 
                           Security Functions

Sec. 3151. Plans for transfer of jurisdiction over Department of Energy 
                            national security functions.
                       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. Enduring nuclear weapons stockpile.
Sec. 3164. Report on proposed purchases of tritium from foreign 
                            suppliers.
Sec. 3165. Report on hydronuclear testing.
Sec. 3166. Master plan on warheads in the enduring nuclear weapons 
                            stockpile.
Sec. 3167. Prohibition on international inspections of Department of 
                            Energy facilities pending certification of 
                            protection of restricted data.
          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. Study regarding future of naval petroleum reserves (other 
                            than Naval Petroleum Reserve Numbered 1).
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on National Security and the Committee on 
        Appropriations of the House of Representatives.
      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 
$1,384,675,000, to be allocated as follows:
            (1) For core stockpile stewardship, $1,147,208,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $1,065,903,000.
                    (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 
$2,250,483,000, to be allocated as follows:
            (1) For operation and maintenance, $2,111,858,000.
            (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), 
        $138,625,000, 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 96-D-127, pit refabrication and 
                certification facility, Savannah River Site, South 
                Carolina, $15,000,000.
                    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 
$1,575,973,000.
    (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 $2,401,596,000, to be allocated as 
follows:
            (1) For operation and maintenance, $2,181,226,000.
            (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), 
        $220,330,000, 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, $26,000,000.
                    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 $490,510,000.
    (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 $157,022,000.
    (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 $1,330,520,000, to be 
allocated as follows:
            (1) For verification and control technology, $353,200,000, 
        to be allocated as follows:
                    (A) For nonproliferation and verification research 
                and development, $163,500,000.
                    (B) For arms control, $147,364,000.
                    (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.

                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) Accelerator Production Research and Development.--Subject to 
paragraph (2), of the funds authorized to be appropriated to the 
Department of Energy under section 3101, not more than $25,000,000 
shall be available to commence a 3-year program of research and 
development into reduction of technical risk associated with the use of 
the Los Alamos Neutron Scattering Center for accelerator production of 
tritium at the Los Alamos National Laboratory.
    (2) The Secretary of Energy may not obligate or expend funds 
available under paragraph (1) for the program referred to in that 
paragraph until the Secretary commences the program referred to in 
subsection (b).
    (b) Multipurpose Reactors.--Of the funds authorized to be 
appropriated to the Department of Energy under section 3101, not more 
than $25,000,000 shall be available in fiscal year 1996 to commence a 
3-year program of cost and risk assessment, conceptual design, and 
engineering design regarding the use of a privately owned and operated 
multipurpose reactor to meet the tritium production and plutonium 
disposition objectives of the Department of Energy and of cost and risk 
assessment, conceptual design, and engineering design regarding the use 
of a Government multipurpose reactor to meet such objectives.
    (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 light water tritium targets and mixed oxide 
fuels tritium targets.
SEC. 3132. PLUTONIUM DISPOSITION.

    (a) Plutonium 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, a 
plutonium storage and disposition option, of which $25,000,000 shall be 
available to commence a 3-year program to assess the cost and risk of 
using a privately owned and operated multipurpose reactor to meet the 
tritium production and plutonium disposition objectives of the 
Department of Energy and the cost and risk of using a Government 
multipurpose reactor to meet those objectives.
    (b) Environmental Assessment.--Using funds available under 
subsection (a), the Secretary shall--
            (1) include in the programmatic environmental impact 
        statement of the fissile material disposition program a 
        complete assessment of the impact on the environment of each 
        multipurpose reactor assessed under that subsection; and
            (2) prepare a programmatic environmental impact statement 
        for the Department of Energy which includes--
                    (A) a complete assessment of the impact on the 
                environment of utilizing each multipurpose reactor 
                assessed under that subsection to carry out the 
                combined tritium production and plutonium disposition 
                missions of the Department;
                    (B) an accompanying cost analysis of utilizing each 
                such reactor to carry out such missions; and
                    (C) an accompanying integrated systems analysis of 
                utilizing each such reactor to carry out such missions.
    (c) Definition.--In this section, the term ``plutonium storage and 
disposition option'' means a method for the interim storage, 
processing, reprocessing, or permanent storage of plutonium.
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.
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 capability--
            (1) to refabricate and certify the entire active and 
        inactive enduring nuclear weapons stockpile before the end of 
        the presently specified design lifetime for each weapon 
        currently in the stockpile; and
            (2) to manufacture new nuclear warheads.
    (b) Required Capabilities.--The manufacturing infrastructure 
established under the program under subsection (a) shall include the 
following capabilities (modernized to attain the objectives subsection 
(a)(1)):
            (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 recycling capabilities of the Savannah 
        River Site.
            (4) A weapon primary pit refabrication/manufacturing and 
        reuse facility capability at Savannah River Site.
            (5) The non-nuclear component capabilities of the Kansas 
        City Plant.
    (c) Enduring Nuclear Weapons Stockpile.--For purposes of subsection 
(a)(1), the term ``enduring nuclear weapons stockpile'' means the 
stockpile described in the February 1995 Department of Defense Annual 
Report to the President and the Congress (as specified on pages 83 and 
following of the report) or the stockpile described in section 3163(b), 
whichever would yield a higher number of weapons.
    (d) Funding.--Of the funds authorized to be appropriated under 
section 3101(b), $100,000,000 shall be available for carrying out the 
program required under this section, of which--
            (1) $25,000,000 shall be available for activities at the 
        Pantex Plant;
            (2) $20,000,000 shall be available for activities at the Y-
        12 Plant, Oak Ridge, Tennessee;
            (3) $25,000,000 shall be available for activities at the 
        Savannah River Site; and
            (4) $30,000,000 shall be available for activities at the 
        Kansas City Plant.
SEC. 3135. HYDRONUCLEAR EXPERIMENTS.

    (a) Funding.--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.
    (b) Definition.--For purposes of subsection (a), the term 
``enduring nuclear weapons stockpile'' means the stockpile described in 
the February 1995 Department of Defense Annual Report to the President 
and the Congress (as specified on pages 83 and following of the report) 
or the stockpile described in section 3163(b), whichever would yield a 
higher number of weapons.
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) Los Alamos National Laboratory, New Mexico.
            (2) Sandia National Laboratories, New Mexico.
            (3) Lawrence Livermore National Laboratory, California.
            (4) The Kansas City Plant, Kansas City, Missouri.
            (5) The Pantex Plant, Amarillo, Texas.
            (6) The Y-12 Plant, Oak Ridge, Tennessee.
            (7) The Savannah River Site, Aiken, South Carolina.
    (d) Administration.--The Secretary shall carry out the fellowship 
program--
            (1) in the case of a facility referred to in paragraph (1), 
        (2), or (3) of subsection (c), through the weapons program 
        director of the facility; and
            (2) in the case of a facility referred to in paragraph (4), 
        (5), or (6) of that subsection, 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, 
$20,000,000 may be used for the purpose of carrying out the fellowship 
program under this section.
SEC. 3137. EFFECT OF ISSUANCE OF ENVIRONMENTAL IMPACT STATEMENTS ON USE 
              OF FUNDS FOR CERTAIN DEPARTMENT OF ENERGY FACILITIES.

    (a) In General.--Notwithstanding any other provision of law, if a 
statement on the environmental impact of the construction and operation 
of a Department of Energy defense facility has been issued under 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)), no provision of that Act may be interpreted as 
prohibiting--
            (1) the use of funds appropriated pursuant to an 
        authorization of appropriations in this Act, or otherwise 
        appropriated or made available, for the construction or 
        operation of that facility; or
            (2) the Department of Energy from constructing, acquiring, 
        or procuring equipment for the facility.
    (b) Modification of Court Orders.--Congress urges the Attorney 
General to seek modification of any court order that is inconsistent 
with the provisions of subsection (a).
    (c) Treatment of Prohibitions by Department of Energy Pending 
Programmatic EIS.--Pending completion of a programmatic environmental 
impact statement with respect to a Department of Energy defense 
facility, the Secretary of Energy may not administratively prohibit 
with respect to the facility any action referred to in paragraph (1) or 
(2) of subsection (a).
    (d) Definition.--In this section, the term ``Department of Energy 
defense facility'' means any facility under the jurisdiction of the 
Secretary of Energy for which funds are authorized to be appropriated 
pursuant to an Act authorizing appropriations for national security 
programs of the Department of Energy.
SEC. 3138. DUAL-AXIS RADIOGRAPHIC HYDROTEST FACILITY.

    (a) Environmental Assessment.--Not later than October 30, 1995, the 
Secretary of Energy shall--
            (1) prepare a comprehensive environmental impact statement 
        for the Dual-Axis Radiographic Hydrotest Facility project; and
            (2) issue a record of decision on the project pursuant to 
        that environmental impact statement.
    (b) Completion of Facility.--If the Secretary determines in the 
record of decision referred to in paragraph (2) of subsection (a) that 
the project referred to in that subsection should proceed, the 
Secretary shall complete the project and commence operations at the 
facility referred to in that subsection without delay even if the 
project is subject to any on-going or proposed assessment (including a 
programmatic assessment or a site-wide assessment) of environmental 
impacts by the Secretary.
SEC. 3139. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH AND 
              EDUCATION PURPOSES.

    None of the funds appropriated or otherwise made available to the 
Department of Energy for fiscal year 1996 under this title may be 
obligated or expended for the following activities:
            (1) Activities under the Department of Energy Laboratory 
        Directed Research and Development Program.
            (2) Research and development activities selected by the 
        director of a national laboratory that are not connected with 
        stockpile stewardship programs or stockpile management 
        programs.
            (3) Providing instruction for general education purposes.
SEC. 3140. 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, not more than $15,000,000 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, not more than $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. 3141. 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. 3142. 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. 3143. 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--Transfer of Jurisdiction Over Department of Energy National 
                           Security Functions
SEC. 3151. PLANS FOR TRANSFER OF JURISDICTION OVER DEPARTMENT OF ENERGY 
              NATIONAL SECURITY FUNCTIONS.

    (a) Purpose.--It is the purpose of this section--
            (1) to express the sense of the Senate concerning--
                    (A) the continued importance of the maintenance of 
                a safe and reliable nuclear weapons stockpile to the 
                national security of the United States;
                    (B) growing concern with the Department of Energy's 
                management of the nuclear weapons stockpile; and
                    (C) proposed legislative initiatives which seek 
                extensive changes to the present organization and 
                existence of the Department of Energy, which could 
                impact the nuclear weapons stockpile of the United 
                States; and
            (2) to direct the Secretary of Defense and the Secretary of 
        Energy jointly to submit to Congress the report referred to in 
        subsection (c).
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the nuclear weapons stockpile of the United States is 
        rapidly aging and absolute assurance of its safety and 
        reliability must be maintained;
            (2) the national security strategy of the United States is 
        fundamentally based on the continued safety and reliability of 
        the nuclear weapons stockpile;
            (3) it is essential that the United States act decisively 
        to restore the capacity to remanufacture nuclear weapons at a 
        rate sufficient to sustain the stockpile at levels consistent 
        with relevant treaty limits and to maintain the safety and 
        reliability of the stockpile and the safety and performance of 
        the nuclear weapons complex;
            (4) there is a growing concern that the Department of 
        Energy is not focusing sufficient resources and management 
        attention to its defense-related mission, comprised 
        fundamentally of the maintenance of the nuclear weapons 
        stockpile;
            (5) the critical nature of the Department of Energy's 
        defense mission to the national security of the United States 
        and the growing concern with the Department of Energy's 
        performance of this defense mission warrant aggressive action; 
        and
            (6) before any transfer of responsibility of national 
        security programs of the Department of Energy is decided upon, 
        careful evaluation is required to determine the effect of such 
        transfer on the ability to maintain the safety and reliability 
        of the nuclear weapons stockpile and the safety and performance 
        of the nuclear weapons complex.
    (c) Report Required.--The Secretary of Defense and the Secretary of 
Energy shall jointly submit to Congress a report setting forth the 
notional plans referred to in subsection (d) examining the potential 
transfer of responsibility for the national security programs of the 
Department of Energy.
    (d) Notional Plans.--(1) The report under subsection (c) shall set 
forth the following:
            (A) A notional plan for the potential transfer of the 
        national security programs of the Department of Energy to the 
        Department of Defense.
            (B) A notional plan for the potential establishment of an 
        independent establishment in the executive branch and transfer 
        of the national security programs of the Department of Energy 
        to that independent establishment.
    (2) Each notional plan shall be a plan which--
            (A) could be implemented if the Department of Energy were 
        to be abolished; and
            (B) assumes a commencement date for the transfer of 
        responsibility for the programs on or after January 1, 1997.
    (3) Each notional plan shall assume the transfer of the following 
organizations:
            (A) The Bettis Atomic Power Laboratory.
            (B) The Fernald Site.
            (C) The Hanford Site.
            (D) The Idaho National Engineering Laboratory.
            (E) The Kansas City Plant.
            (F) The Knolls Atomic Power Laboratory.
            (G) The Lawrence Livermore National Laboratory.
            (H) The Los Alamos National Laboratory.
            (I) The Mound Laboratory.
            (J) The Nevada Test Site.
            (K) The Y-12 Plant located at the Oak Ridge National 
        Laboratory.
            (L) The Pantex Plant.
            (M) The Rocky Flats Site.
            (N) The Sandia National Laboratories, including the 
        facilities of such laboratories located in New Mexico and 
        California.
            (O) The Savannah River Site.
            (P) The Waste Isolation Pilot Project, New Mexico.
    (e) Matters To Be Included in Plan.--Each notional plan submitted 
in the report under subsection (c) shall include the following:
            (1) A detailed plan for the integration into the entity 
        concerned of the offices and laboratories of the Department of 
        Energy which could be anticipated to be transferred to such 
        entity as part of a transfer of programs under the plan.
            (2) An assessment of the personnel strength adjustments 
        estimated to be made as a result of such a transfer of 
        programs, which assessment shall set forth the adjustments 
        estimated to be made with respect to each program anticipated 
        to be transferred.
            (3) An assessment of the effect of such a transfer on the 
        capability of the United States to carry out the mission of the 
        national security programs of the Department of Energy, 
        including--
                    (A) weapons activities;
                    (B) defense environmental restoration and waste 
                management activities;
                    (C) defense nuclear waste disposal activities;
                    (D) naval reactor activities;
                    (E) fissile materials disposition activities;
                    (F) nuclear safeguards and security activities;
                    (G) security investigations activities;
                    (H) security evaluation activities; and
                    (I) verification and arms control activities.
            (4) An assessment of costs, or savings, associated with 
        such a transfer.
            (5) An identification of all applicable provisions of law 
        that may inhibit or preclude the transfer.
            (6) The advantages and disadvantages of the plan as it 
        relates to the maintenance of the nuclear weapons stockpile and 
        related activities, both in the near term and the long term.
            (7) The recommendations of the Secretary of Energy and the 
        Secretary of Defense as to which notional plan, if any, is 
        preferable.
    (f) Preservation of Integrity of DOE National Security Programs.--
In developing the notional plans under this section, the Secretary of 
Defense and the Secretary of Energy shall make every effort to ensure 
that the mission and functioning of the national security programs of 
the Department of Energy would not be unduly affected adversely during 
the transfer of responsibility for such programs into the entity 
concerned and, in the case of the transfer to the Department of 
Defense, during the consolidation of such programs into programs of the 
Department.
    (g) Submission of Report.--The report required under subsection (c) 
shall be submitted not later than February 1, 1996.
    (h) Definitions.--In this section:
            (1) The term ``independent establishment'' has the meaning 
        given such term in section 104 of title 5, United States Code.
            (2) The term ``national security programs of the Department 
        of Energy'' means the responsibilities of the Secretary of 
        Energy that are funded under budget function 053 (Atomic Energy 
        Defense Activities).

                       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 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, 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.--(1) 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 Stockpile Stewardship Program and the Stockpile 
Management Program of the Department of Energy and for each Department 
of Energy laboratory and site.
    (2) Each program plan under paragraph (1) shall specify the budget 
amounts proposed for, and shall include other information on, the 
following subprograms:
            (A) Stockpile confidence.
            (B) Stockpile surveillance.
            (C) Stockpile manufacturing and certification.
            (D) Weapons engineering.
            (E) Weapons science.
            (F) Weapons enabling technology.
    (c) Applicability.--The requirements of this section shall apply 
with respect to budgets for the fiscal years after fiscal year 1996.
SEC. 3163. ENDURING NUCLEAR WEAPONS STOCKPILE.

    (a) Requirement.--The Secretary of Energy shall take appropriate 
actions to maintain the Enduring Nuclear Weapons Stockpile in complete 
readiness for use. The actions taken shall include providing for such 
refabrication of nuclear weapons and nuclear warheads at the end of the 
design lifetime of such weapons and warheads as the Secretary considers 
necessary to maintain the safety and reliability of such weapons and 
warheads.
    (b) Enduring Nuclear Weapons Stockpile.--For purposes of this 
section, the Enduring Nuclear Weapons Stockpile shall consist of the 
following:
            (1) The weapons in the active nuclear weapons stockpile, 
        which shall be a number of weapons that is not less than the 
        greater of--
                    (A) the number of active weapons permitted by the 
                Secretary of Defense on existing platforms as of 
                January 1, 1995; or
                    (B) the number of such weapons that is determined 
                appropriate by the Secretary of Defense.
            (2) The weapons necessary for the maintenance of an 
        inactive nuclear weapons stockpile, which shall be a number of 
        weapons that is not less than the greater of--
                    (A) the number of active weapons needed to upload 
                the capacity of existing platforms from their capacity 
                as of January 1, 1995, to their maximum capacity; or
                    (B) the number of such weapons that is determined 
                appropriate by the Secretary of Defense.
            (3) The number of weapons that the President determines is 
        necessary to provide for replacements of the weapons referred 
        to in paragraphs (1) and (2), for tests of such weapons, and 
        for other purposes.
    (c) Definition.--In this section, the term ``inactive nuclear 
weapons stockpile'' means a stockpile of nuclear weapons necessary to 
provide for the rapid rearming of all United States nuclear weapons 
launchers in the event such rearming is required by international 
circumstances.
SEC. 3164. 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. 3165. 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).
    (c) Definition.--For purposes of this section, the term ``enduring 
nuclear weapons stockpile'' means the stockpile described in the 
February 1995 Department of Defense Annual Report to the President and 
the Congress (as specified on pages 83 and following of the report) or 
the stockpile described in section 3163(b), whichever would yield a 
higher number of weapons.
SEC. 3166. MASTER PLAN ON WARHEADS IN THE ENDURING NUCLEAR WEAPONS 
              STOCKPILE.

    (a) Master Plan.--Not later than March 15, 1996, the President 
shall submit to Congress a master plan that describes in detail how the 
Government plans to demonstrate, by 2002--
            (1) the capability to refabricate and certify warheads in 
        the enduring nuclear weapons stockpile; and
            (2) the capability to design, fabricate, and certify new 
        warheads.
    (b) Form of Plan.--The plan should be submitted in classified and 
unclassified forms.
    (c) Definition.--For purposes of this section, the term ``enduring 
nuclear weapons stockpile'' means the stockpile described in the 
February 1995 Department of Defense Annual Report to the President and 
the Congress (as specified on pages 83 and following of the report) or 
the stockpile described in section 3163(b), whichever would yield a 
higher number of weapons.
SEC. 3167. PROHIBITION ON INTERNATIONAL INSPECTIONS OF DEPARTMENT OF 
              ENERGY FACILITIES PENDING CERTIFICATION OF PROTECTION OF 
              RESTRICTED DATA.

    (a) Prohibition.--The Secretary of Energy may not permit an 
inspection of a Department of Energy nuclear weapons facility by the 
International Atomic Energy Agency until--
            (1) the Secretary certifies to Congress that no restricted 
        data or classified information will be revealed during the 
        inspection; and
            (2) a period of 30 days has elapsed after the date on which 
        the certification is received by Congress.
    (b) Restricted Data Defined.--In this section, the term 
``restricted data'' has the meaning given the term ``Restricted Data'' 
in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
          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 three 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 fair market 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. In setting that price, the Secretary, in consultation 
with the Director, may consider 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.
    ``(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 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 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, 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 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 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 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 a 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, 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 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.''.
    (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. STUDY REGARDING FUTURE OF NAVAL PETROLEUM RESERVES (OTHER 
              THAN NAVAL PETROLEUM RESERVE NUMBERED 1).

    (a) Study Required.--The Secretary of Energy shall conduct a study 
to determine which of the following options regarding the naval 
petroleum reserves represents the most cost-effective option for the 
United States:
            (1) Retention and operation of the naval petroleum reserves 
        by the Secretary under chapter 641 of title 10, United States 
        Code.
            (2) Transfer of all or a part of the naval petroleum 
        reserves to the jurisdiction of another Federal agency.
            (3) Lease of the naval petroleum reserves.
            (4) Sale of the interest of the United States in the naval 
        petroleum reserves.
    (b) Conduct of Study.--The Secretary shall retain an independent 
petroleum consultant to conduct the study.
    (c) Considerations Under Study.--An examination of the benefits to 
be derived by the United States from the sale of the naval petroleum 
reserves shall include an assessment and estimate, in a manner 
consistent with commercial practices, of the fair market value of the 
interest of the United States in the naval petroleum reserves. An 
examination of the benefits to be derived by the United States from the 
lease of the naval petroleum reserves shall consider full exploration, 
development, and production of petroleum products in the naval 
petroleum reserves, with a royalty payment to the United States.
    (d) Report Regarding Study.--Not later than December 31, 1995, the 
Secretary shall submit to Congress a report describing the results of 
the study and containing such recommendations as the Secretary 
considers necessary to implement the most cost-effective option 
identified in the study.
    (e) 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.
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