[Congressional Record Volume 141, Number 141 (Tuesday, September 12, 1995)]
[Senate]
[Pages S13464-S13473]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


    DEPARTMENT OF ENERGY NATIONAL SECURITY ACT FOR FISCAL YEAR 1996

  The text of the bill (S. 1126) to authorize appropriations for fiscal 
year 1996 for defense activities of the Department of Energy, and for 
other purposes, as passed by the Senate on September 6, 1995, is as 
follows:
                                S. 1126

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SEC. 3001. SHORT TITLE.

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

     SEC. 3002. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Payment of penalties assessed against Rocky Flats Site.
Sec. 3106. Standardization of ethics and reporting requirements 
              affecting the Department of Energy with Government-wide 
              standards.
Sec. 3107. Certain environmental restoration requirements.
Sec. 3108. Amending the hydronuclear provisions of this Act.

                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
              activities.
Sec. 3127. Funds available for all national security programs of the 
              Department of Energy.
Sec. 3128. Availability of funds.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

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

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

Sec. 3151. Review of Department of Energy national security programs.

                       Subtitle E--Other Matters

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

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

Sec. 3301. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).
Sec. 3302. Future of naval petroleum reserves (other than Naval 
              Petroleum Reserve Numbered 1).

                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

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

                  TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
         Subtitle A--National Security Programs Authorizations

     SEC. 3101. WEAPONS ACTIVITIES.

       (a) Stockpile Stewardship.--Subject to subsection (d), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for stockpile 
     stewardship in carrying out weapons activities necessary for 
     national security programs in the amount of $1,624,080,000, 
     to be allocated as follows:
       (1) For core stockpile stewardship, $1,386,613,000, to be 
     allocated as follows:
       (A) For operation and maintenance, $1,305,308,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $81,305,000, to be allocated as follows: Project 96-D-102, 
     stockpile stewardship facilities revitalization, Phase VI, 
     various locations, $2,520,000.
       Project 96-D-103, Atlas, Los Alamos National Laboratory, 
     Los Alamos, New Mexico, $8,400,000.
       Project 96-D-104, processing and environmental technology 
     laboratory (PETL), Sandia National Laboratories, Albuquerque, 
     New Mexico, $1,800,000.
       Project 96-D-105, contained firing facility addition, 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $6,600,000.
       Project 95-D-102, Chemical and Metallurgy Research Building 
     upgrades, Los Alamos National Laboratory, New Mexico, 
     $9,940,000.

[[Page S 13465]]

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

     SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

       (a) Corrective Activities.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for corrective 
     activities in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $3,406,000, all of which shall be 
     available for the following plant project (including 
     maintenance, restoration, planning, construction, 
     acquisition, modification of facilities, and land acquisition 
     related thereto):
       Project 90-D-103, environment, safety and health 
     improvements, weapons research and development complex, Los 
     Alamos National Laboratory, Los Alamos, New Mexico.
       (b) Environmental Restoration.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for environmental 
     restoration for operating expenses in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $1,550,926,000.
       (c) Waste Management.--Subject to subsection (i), funds are 
     hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1996 for waste management in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $2,386,596,000, to be allocated as follows:
       (1) For operation and maintenance, $2,151,266,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $235,330,000, to be allocated as follows:
       Project GPD-171, general plant projects, various locations, 
     $15,728,000.
       Project 96-D-400, replace industrial waste piping, Kansas 
     City Plant, Kansas City, Missouri, $200,000.
       Project 96-D-401, comprehensive treatment and management 
     plan immobilization of miscellaneous wastes, Rocky Flats 
     Environmental Technology Site, Golden, Colorado, $1,400,000.
       Project 96-D-402, comprehensive treatment and management 
     plan building 374/774 sludge immobilization, Rocky Flats 
     Environmental Technology Site, Golden, Colorado, $1,500,000.
       Project 96-D-403, tank farm service upgrades, Savannah 
     River, South Carolina, $3,315,000.
       Project 96-D-405, T-plant secondary containment and leak 
     detection upgrades, Richland, Washington, $2,100,000.
       Project 96-D-406, K-Basin operations program, Richland, 
     Washington, $41,000,000.
       Project 96-D-409, advanced mixed waste treatment facility, 
     Idaho National Engineering Laboratory, Idaho, $5,000,000.
       Project 96-D-410, specific manufacturing characterization 
     facility assessment and upgrade, Idaho National Engineering 
     Laboratory, Idaho, $2,000,000.
       Project 95-D-402, install permanent electrical service, 
     Waste Isolation Pilot Plant, New Mexico, $4,314,000.
       Project 95-D-405, industrial landfill V and construction/
     demolition landfill VII, Y-12 Plant, Oak Ridge, Tennessee, 
     $4,600,000.
       Project 95-D-406, road 5-01 reconstruction, area 5, Nevada 
     Test Site, Nevada, $1,023,000.
       Project 94-D-400, high explosive wastewater treatment 
     system, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $4,445,000.
       Project 94-D-402, liquid waste treatment system, Nevada 
     Test Site, Nevada, $282,000.
       Project 94-D-404, Melton Valley storage tanks capacity 
     increase, Oak Ridge National Laboratory, Oak Ridge, 
     Tennessee, $11,000,000.
       Project 94-D-407, initial tank retrieval systems, Richland, 
     Washington, $9,400,000.
       Project 94-D-411, solid waste operations complex project, 
     Richland, Washington, $5,500,000.
       Project 94-D-417, intermediate-level and low-activity waste 
     vaults, Savannah River, South Carolina, $2,704,000.
       Project 93-D-178, building 374 liquid waste treatment 
     facility, Rocky Flats Plant, Golden, Colorado, $3,900,000.
       Project 93-D-182, replacement of cross-site transfer 
     system, Richland, Washington, $19,795,000.
       Project 93-D-183, multi-tank waste storage facility, 
     Richland, Washington, $31,000,000.
       Project 93-D-187, high-level waste removal from filled 
     waste tanks, Savannah River, South Carolina, $34,700,000.
       Project 92-D-171, mixed waste receiving and storage 
     facility, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $1,105,000.
       Project 92-D-188, waste management environmental, safety 
     and health (ES&H) and compliance activities, various 
     locations, $1,100,000.
       Project 90-D-172, aging waste transfer lines, Richland, 
     Washington, $2,000,000.
       Project 90-D-177, RWMC transuranic (TRU) waste 
     characterization and storage facility, Idaho National 
     Engineering Laboratory, Idaho, $1,428,000.
       Project 90-D-178, TSA retrieval containment building, Idaho 
     National Engineering Laboratory, Idaho, $2,606,000.
       Project 89-D-173, tank farm ventilation upgrade, Richland, 
     Washington, $800,000.
       Project 89-D-174, replacement high-level waste evaporator, 
     Savannah River, South Carolina, $11,500,000.
       Project 86-D-103, decontamination and waste treatment 
     facility, Lawrence Livermore National Laboratory, California, 
     $8,885,000.
       Project 83-D-148, nonradioactive hazardous waste 
     management, Savannah River, South Carolina, $1,000,000.
       (d) Technology Development.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for technology 
     development in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $505,510,000.
       (e) Transportation Management.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for transportation 
     management in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $16,158,000.
       (f) Nuclear Materials and Facilities Stabilization.--
     Subject to subsection (i), 

[[Page S 13466]]
     funds are hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1996 for nuclear materials and 
     facilities stabilization in carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs in the amount of $1,596,028,000, 
     to be allocated as follows:
       (1) For operation and maintenance, $1,463,384,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $132,644,000, to be allocated as follows:
       Project GPD-171, general plant projects, various locations, 
     $14,724,000.
       Project 96-D-458, site drainage control, Mound Plant, 
     Miamisburg, Ohio, $885,000.
       Project 96-D-461, electrical distribution upgrade, Idaho 
     National Engineering Laboratory, Idaho, $1,539,000.
       Project 96-D-462, health physics instrument laboratory, 
     Idaho National Engineering Laboratory, Idaho, $1,126,000.
       Project 96-D-463, central facilities craft shop, Idaho 
     National Engineering Laboratory, Idaho, $724,000.
       Project 96-D-464, electrical and utility systems upgrade, 
     Idaho Chemical Processing Plant, Idaho National Engineering 
     Laboratory, Idaho, $4,952,000.
       Project 96-D-465, 200 area sanitary sewer system, Richland, 
     Washington, $1,800,000.
       Project 96-D-470, environmental monitoring laboratory, 
     Savannah River Site, Aiken, South Carolina, $3,500,000.
       Project 96-D-471, chlorofluorocarbon heating, ventilation, 
     and air conditioning and chiller retrofit, Savannah River 
     Site, Aiken, South Carolina, $1,500,000.
       Project 96-D-472, plant engineering and design, Savannah 
     River Site, Aiken, South Carolina, $4,000,000.
       Project 96-D-473, health physics site support facility, 
     Savannah River Site, Aiken, South Carolina, $2,000,000.
       Project 96-D-474, dry fuel storage facility, Idaho National 
     Engineering Laboratory, Idaho, $15,000,000.
       Project 96-D-475, high level waste volume reduction 
     demonstration (pentaborane), Idaho National Engineering 
     Laboratory, Idaho, $5,000,000.
       Project 95-D-155, upgrade site road infrastructure, 
     Savannah River, South Carolina, $2,900,000.
       Project 95-D-156, radio trunking system, Savannah River, 
     South Carolina, $10,000,000.
       Project 95-D-454, 324 facility compliance/renovation, 
     Richland, Washington, $3,500,000.
       Project 95-D-456, security facilities upgrade, Idaho 
     Chemical Processing Plant, Idaho National Engineering 
     Laboratory, Idaho, $8,382,000.
       Project 94-D-122, underground storage tanks, Rocky Flats, 
     Golden, Colorado, $5,000,000.
       Project 94-D-401, emergency response facility, Idaho 
     National Engineering Laboratory, Idaho, $5,074,000.
       Project 94-D-412, 300 area process sewer piping system 
     upgrade, Richland, Washington, $1,000,000.
       Project 94-D-415, medical facilities, Idaho National 
     Engineering Laboratory, Idaho, $3,601,000.
       Project 94-D-451, infrastructure replacement, Rocky Flats 
     Plant, Golden, Colorado, $2,940,000.
       Project 93-D-147, domestic water system upgrade, Phase I 
     and II, Savannah River, South Carolina, $7,130,000.
       Project 93-D-172, electrical upgrade, Idaho National 
     Engineering Laboratory, Idaho, $124,000.
       Project 92-D-123, plant fire/security alarms system 
     replacement, Rocky Flats Plant, Golden, Colorado, $9,560,000.
       Project 92-D-125, master safeguards and security agreement/
     materials surveillance task force security upgrades, Rocky 
     Flats Plant, Golden, Colorado, $7,000,000.
       Project 92-D-181, fire and life safety improvements, Idaho 
     National Engineering Laboratory, Idaho, $6,883,000.
       Project 91-D-127, criticality alarm and production 
     annunciation utility replacement, Rocky Flats Plant, Golden, 
     Colorado, $2,800,000.
       (g) Compliance and Program Coordination.--Subject to 
     subsection (i), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1996 
     for compliance and program coordination in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $81,251,000, to be allocated as follows:
       (1) For operation and maintenance, $66,251,000.
       (2) For the following plant project (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and land acquisition related 
     thereto), $15,000,000:
       Project 95-E-600, hazardous materials training center, 
     Richland, Washington.
       (h) Analysis, Education, and Risk Management.--Subject to 
     subsection (i), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1996 
     for analysis, education, and risk management in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $80,022,000.
       (i) Adjustments.--The total amount authorized to be 
     appropriated pursuant to this section is the sum of the 
     amounts specified in subsections (a) through (h) reduced by 
     the sum of--
       (1) $276,942,000, for use of prior year balances; and
       (2) $37,000,000 for recovery of overpayment to the Savannah 
     River Pension Fund.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

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

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for payment to the 
     Nuclear Waste Fund established in section 302(c) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the 
     amount of $198,400,000.

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

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

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

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

     SEC. 3107. CERTAIN ENVIRONMENTAL RESTORATION REQUIREMENTS.

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

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     to address personal criminal liability, and any related issues 
     pertaining to potential liability of any Federal agency or 
     department or its contractors.

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

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

     SEC. 3121. REPROGRAMMING.

       (a) In General.--Until the Secretary of Energy submits to 
     the congressional defense committees the report referred to 
     in subsection (b) and a period of 30 days has elapsed after 
     the date on which such committees receive the report, the 
     Secretary may not use amounts appropriated pursuant to this 
     title for any program--
       (1) in amounts that exceed, in a fiscal year--
       (A) 110 percent of the amount authorized for that program 
     by this title; or
       (B) $1,000,000 more than the amount authorized for that 
     program by this title; or
       (2) which has not been presented to, or requested of, 
     Congress.
       (b) Report.--(1) The report referred to in subsection (a) 
     is a report containing a full and complete statement of the 
     action proposed to be taken and the facts and circumstances 
     relied upon in support of such proposed action.
       (2) In the computation of the 30-day period under 
     subsection (a), there shall be excluded any day on which 
     either House of Congress is not in session because of an 
     adjournment of more than 3 days to a day certain.
       (c) Limitations.--(1) In no event may the total amount of 
     funds obligated pursuant to this title exceed the total 
     amount authorized to be appropriated by this title.
       (2) Funds appropriated pursuant to this title may not be 
     used for an item for which Congress has specifically denied 
     funds.

     SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

       (a) In General.--The Secretary of Energy may carry out any 
     construction project under the general plant projects 
     authorized by this title if the total estimated cost of the 
     construction project does not exceed $2,000,000.
       (b) Report to Congress.--If, at any time during the 
     construction of any general plant project authorized by this 
     title, the estimated cost of the project is revised because 
     of unforeseen cost variations and the revised cost of the 
     project exceeds $2,000,000, the Secretary shall immediately 
     furnish a complete report to the congressional defense 
     committees explaining the reasons for the cost variation.

     SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

       (a) In General.--(1) Except as provided in paragraph (2), 
     construction on a construction project may not be started or 
     additional obligations incurred in connection with the 
     project above the total estimated cost, whenever the current 
     estimated cost of the construction project, which is 
     authorized by sections 3101, 3102, and 3103, or which is in 
     support of national security programs of the Department of 
     Energy and was authorized by any previous Act, exceeds by 
     more than 25 percent the higher of--
       (A) the amount authorized for the project; or
       (B) the amount of the total estimated cost for the project 
     as shown in the most recent budget justification data 
     submitted to Congress.
       (2) An action described in paragraph (1) may be taken if--
       (A) the Secretary of Energy has submitted to the 
     congressional defense committees a report on the actions and 
     the circumstances making such action necessary; and
       (B) a period of 30 days has elapsed after the date on which 
     the report is received by the committees.
       (3) In the computation of the 30-day period under paragraph 
     (2), there shall be excluded any day on which either House of 
     Congress is not in session because of an adjournment of more 
     than 3 days to a day certain.
       (b) Exception.--Subsection (a) shall not apply to any 
     construction project which has a current estimated cost of 
     less than $5,000,000.

     SEC. 3124. FUND TRANSFER AUTHORITY.

       (a) Transfer to Other Federal Agencies.--The Secretary of 
     Energy may transfer funds authorized to be appropriated to 
     the Department of Energy pursuant to this title to other 
     Federal agencies for the performance of work for which the 
     funds were authorized. Funds so transferred may be merged 
     with and be available for the same purposes and for the same 
     period as the authorizations of the Federal agency to which 
     the amounts are transferred.
       (b) Transfer Within Department of Energy; Limitations.--(1) 
     Subject to paragraph (2), the Secretary of Energy may 
     transfer funds authorized to be appropriated to the 
     Department of Energy pursuant to this title between any such 
     authorizations. Amounts of authorizations so transferred may 
     be merged with and be available for the same purposes and for 
     the same period as the authorization to which the amounts are 
     transferred.
       (2) Not more than 5 percent of any such authorization may 
     be transferred between authorizations under paragraph (1). No 
     such authorization may be increased or decreased by more than 
     5 percent by a transfer under such paragraph.
       (3) The authority provided by this section to transfer 
     authorizations--
       (A) may only be used to provide funds for items relating to 
     weapons activities necessary for national security programs 
     that have a higher priority than the items from which the 
     funds are transferred; and
       (B) may not be used to provide authority for an item that 
     has been denied funds by Congress.
       (c) Notice to Congress.--The Secretary of Energy shall 
     promptly notify the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives of any transfer of funds to or from 
     authorizations under this title.

     SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

       (a) Requirement for Conceptual Design.--(1) Subject to 
     paragraph (2) and except as provided in paragraph (3), before 
     submitting to Congress a request for funds for a construction 
     project that is in support of a national security program of 
     the Department of Energy, the Secretary of Energy shall 
     complete a conceptual design for that project.
       (2) If the estimated cost of completing a conceptual design 
     for a construction project exceeds $3,000,000, the Secretary 
     shall submit to Congress a request for funds for the 
     conceptual design before submitting a request for funds for 
     the construction project.
       (3) The requirement in paragraph (1) does not apply to a 
     request for funds--
       (A) for a construction project the total estimated cost of 
     which is less than $2,000,000; or
       (B) for emergency planning, design, and construction 
     activities under section 3126.
       (b) Authority for Construction Design.--(1) Within the 
     amounts authorized by this title, the Secretary of Energy may 
     carry out construction design (including architectural and 
     engineering services) in connection with any proposed 
     construction project if the total estimated cost for such 
     design does not exceed $600,000.
       (2) If the total estimated cost for construction design in 
     connection with any construction project exceeds $600,000, 
     funds for such design must be specifically authorized by law.

     SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
                   CONSTRUCTION ACTIVITIES.

       (a) Authority.--The Secretary of Energy may use any funds 
     available to the Department of Energy pursuant to an 
     authorization in this title, including funds authorized to be 
     appropriated under sections 3101, 3102, and 3103 for advance 
     planning and construction design, to perform planning, 
     design, and construction activities for any Department of 
     Energy national security program construction project that, 
     as determined by the Secretary, must proceed expeditiously in 
     order to protect public health and safety, meet the needs of 
     national defense, or to protect property.
       (b) Limitation.--The Secretary may not exercise the 
     authority under subsection (a) in the case of any 
     construction project until the Secretary has submitted to the 
     congressional defense committees a report on the activities 
     that the Secretary intends to carry out under this section 
     and the circumstances making such activities necessary.
       (c) Specific Authority.--The requirement of section 
     3125(b)(2) does not apply to emergency planning, design, and 
     construction activities conducted under this section.
       (d) Report.--The Secretary of Energy shall report to the 
     congressional defense committees any exercise of authority 
     under this section.

     SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 
                   OF THE DEPARTMENT OF ENERGY.

       Subject to the provisions of appropriations Acts and 
     section 3121 of this title, amounts appropriated pursuant to 
     this title for management and support activities and for 
     general plant projects are available for use, when necessary, 
     in connection with all national security programs of the 
     Department of Energy.

     SEC. 3128. AVAILABILITY OF FUNDS.

       When so specified in an appropriation Act, amounts 
     appropriated for operating expenses, plant projects, and 
     capital equipment may remain available until expended.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

     SEC. 3131. TRITIUM PRODUCTION.

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

[[Page S 13468]]
     $5,000,000 shall be available for the Idaho National Engineering 
     Laboratory for the test and development of nuclear reactor 
     tritium targets for the various types of reactors to be 
     assessed by the Department under subsection (a).

     SEC. 3132. FISSILE MATERIALS DISPOSITION.

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

     SEC. 3133. TRITIUM RECYCLING.

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

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

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

     SEC. 3135. HYDRONUCLEAR EXPERIMENTS.

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

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

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

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

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

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

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

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

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

     SEC. 3140. DEPARTMENT OF ENERGY DECLASSIFICATION PRODUCTIVITY 
                   INITIATIVE.

       Of the funds authorized to be appropriated to the 
     Department of Energy under section 

[[Page S 13469]]
     3103, $3,000,000 shall be available for the Declassification 
     Productivity Initiative of the Department of Energy.

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. 3164. REPORT ON HYDRONUCLEAR TESTING.

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

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

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

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

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

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

       (a) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of Defense, the Secretary of Energy, and 
     the Governor of the State of Idaho should continue good faith 
     negotiations for the purpose of reaching an agreement on the 
     issue of shipments of spent nuclear fuel from naval reactors.
       (b) Report.--(1) Not later than September 15, 1995, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on National Security 
     of the House of Representatives a 

[[Page S 13470]]
     written report on the status or outcome of the negotiations urged under 
     subsection (a).
       (2) The report shall include the following matters:
       (A) If an agreement is reached, the terms of the agreement, 
     including the dates on which shipments of spent nuclear fuel 
     from naval reactors will resume.
       (B) If an agreement is not reached--
       (i) the Secretary's evaluation of the issues remaining to 
     be resolved before an agreement can be reached;
       (ii) the likelihood that an agreement will be reached 
     before October 1, 1995; and
       (iii) the steps that must be taken regarding the shipment 
     of spent nuclear fuel from naval reactors to ensure that the 
     Navy can meet the national security requirements of the 
     United States.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     1996, $17,000,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).
                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

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

       (a) Sale of Elk Hills Unit Required.--(1) Chapter 641 of 
     title 10, United States Code, is amended by inserting after 
     section 7421 the following new section:

     ``Sec. 7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk 
       Hills)

       ``(a) Sale Required.--(1) Notwithstanding any other 
     provision of this chapter other than section 7431(a)(2) of 
     this title, the Secretary shall sell all right, title, and 
     interest of the United States in and to lands owned or 
     controlled by the United States inside Naval Petroleum 
     Reserve Numbered 1, commonly referred to as the Elk Hills 
     Unit, located in Kern County, California, and established by 
     Executive order of the President, dated September 2, 1912. 
     Subject to subsection (j), within one year after the 
     effective date, the Secretary shall enter into one or more 
     contracts for the sale of all of the interest of the United 
     States in the reserve.
       ``(2) In this section:
       ``(A) The term `reserve' means Naval Petroleum Reserve 
     Numbered 1.
       ``(B) The term `unit plan contract' means the unit plan 
     contract between equity owners of the lands within the 
     boundaries of Naval Petroleum Reserve Numbered 1 entered into 
     on June 19, 1944.
       ``(C) The term `effective date' means the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 1996.
       ``(b) Equity Finalization.--(1) Not later than three months 
     after the effective date, the Secretary shall finalize equity 
     interests of the known oil and gas zones in Naval Petroleum 
     Reserve Numbered 1 in the manner provided by this subsection.
       ``(2) The Secretary shall retain the services of an 
     independent petroleum engineer, mutually acceptable to the 
     equity owners, who shall prepare a recommendation on final 
     equity figures. The Secretary may accept the recommendation 
     of the independent petroleum engineer for final equity in 
     each known oil and gas zone and establish final equity 
     interest in the Naval Petroleum Reserve Numbered 1 in 
     accordance with such recommendation, or the Secretary may use 
     such other method to establish final equity interest in the 
     reserve as the Secretary considers appropriate.
       ``(3) If, on the effective date, there is an ongoing equity 
     redetermination dispute between the equity owners under 
     section 9(b) of the unit plan contract, such dispute shall be 
     resolved in the manner provided in the unit plan contract 
     within five months after the effective date. Such resolution 
     shall be considered final for all purposes under this 
     section.
       ``(c) Timing and Administration of Sale.--(1) Not later 
     than two months after the effective date, the Secretary shall 
     publish a notice of intent to sell the Naval Petroleum 
     Reserve Numbered 1. The Secretary shall make all technical, 
     geological, and financial information relevant to the sale of 
     the reserve available to all interested and qualified buyers 
     upon request. The Secretary, in consultation with the 
     Administrator of General Services, shall ensure that the sale 
     process is fair and open to all interested and qualified 
     parties.
       ``(2)(A) Not later than two months after the effective 
     date, the Secretary shall retain the services of five 
     independent experts in the valuation of oil and gas fields to 
     conduct separate assessments, in a manner consistent with 
     commercial practices, of the value of the interest of the 
     United States in Naval Petroleum Reserve Numbered 1. In 
     making their assessments, the independent experts shall 
     consider (among other factors) all equipment and facilities 
     to be included in the sale, the estimated quantity of 
     petroleum and natural gas in the reserve, and the net present 
     value of the anticipated revenue stream that the Secretary 
     and the Director of the Office of Management and Budget 
     jointly determine the Treasury would receive from the reserve 
     if the reserve were not sold, adjusted for any anticipated 
     increases in tax revenues that would result if the reserve 
     were sold. The independent experts shall complete their 
     assessments within six months after the effective date.
       ``(B) The independent experts shall also determine and 
     submit to the Secretary the estimated total amount of the 
     cost of any environmental restoration and remediation 
     necessary at the reserve. The Secretary shall report the 
     estimate to the Director of the Office of Management and 
     Budget, the Secretary of the Treasury, and Congress.
       ``(C) The Secretary, in consultation with the Director of 
     the Office of Management and Budget, shall set the minimum 
     acceptable price for the reserve. The Secretary may not set 
     the minimum acceptable price below the average of three of 
     the assessments (after excluding the high and low 
     assessments) made under subparagraph (A).
       ``(3) Not later than two months after the effective date, 
     the Secretary shall retain the services of an investment 
     banker to independently administer, in a manner consistent 
     with commercial practices and in a manner that maximizes sale 
     proceeds to the Government, the sale of Naval Petroleum 
     Reserve Numbered 1 under this section. Notwithstanding 
     section 7433(b) of this title, costs and fees of retaining 
     the investment banker shall be paid out of the proceeds of 
     the sale of the reserve.
       ``(4)(A) Not later than six months after the effective 
     date, the investment banker serving as the sales 
     administrator under paragraph (3) shall complete a draft 
     contract or contracts for the sale of Naval Petroleum Reserve 
     Numbered 1, which shall accompany the invitation for bids and 
     describe the terms and provisions of the sale of the interest 
     of the United States in the reserve.
       ``(B) The draft contract or contracts shall identify--
       ``(i) all equipment and facilities to be included in the 
     sale; and
       ``(ii) any potential claim or liability (including 
     liability for environmental restoration and remediation), and 
     the extent of any such claim or liability, for which the 
     United States is responsible under subsection (d).
       ``(C) The draft contract or contracts, including the terms 
     and provisions of the sale of the interest of the United 
     States in the reserve, shall be subject to review and 
     approval by the Secretary, the Secretary of the Treasury, and 
     the Director of the Office of Management and Budget. Each of 
     those officials shall complete the review of, and approve or 
     disapprove, the draft contract or contracts not later than 
     seven months after the effective date.
       ``(5) Not later than seven months after the effective date, 
     the Secretary shall publish an invitation for bids for the 
     purchase of the reserve.
       ``(6) Not later than 10 months after the effective date, 
     the Secretary shall identify the highest responsible offer or 
     offers for purchase of the interest of the United States in 
     Naval Petroleum Reserve Numbered 1 that, in total, meet or 
     exceed the minimum acceptable price determined under 
     paragraph (2).
       ``(7) The Secretary shall take such action immediately 
     after the effective date as is necessary to obtain from an 
     independent petroleum engineer within six months after that 
     date a certification regarding the quantity of the content of 
     the reserve. The Secretary shall use the certification in 
     support of the preparation of the invitation for bids.
       ``(d) Future Liabilities.--The United States shall hold 
     harmless and fully indemnify the purchaser or purchasers (as 
     the case may be) of the interest of the United States in 
     Naval Petroleum Reserve Numbered 1 from and against any claim 
     or liability as a result of ownership in the reserve by the 
     United States, including any claim referred to in subsection 
     (e).
       ``(e) Treatment of State of California Claim.--After the 
     costs incurred in the conduct of the sale of Naval Petroleum 
     Reserve Numbered 1 under this section are deducted, seven 
     percent of the remaining proceeds from the sale of the 
     reserve shall be reserved in a contingent fund in the 
     Treasury (for a period not to exceed 10 years after the 
     effective date) for payment to the State of California in the 
     event that, and to the extent that, the claims of the State 
     against the United States regarding production and proceeds 
     of sale from Naval Petroleum Reserve Numbered 1 are resolved 
     in favor of the State by a court of competent jurisdiction. 
     Funds in the contingent fund shall be available for paying 
     any such claim to the extent provided in appropriation Acts. 
     After final disposition of the claims, any unobligated 
     balance in the contingent fund shall be credited to the 
     general fund of the Treasury.
       ``(f) Maintaining Elk Hills Unit Production.--Until the 
     sale of Naval Petroleum Reserve Numbered 1 is completed under 
     this section, the Secretary shall continue to produce the 
     reserve at the maximum daily oil or gas rate from a 
     reservoir, which will permit maximum economic development of 
     the reservoir consistent with sound oil field engineering 
     practices in accordance with section 3 of the unit plan 
     contract. The definition of maximum efficient rate in section 
     7420(6) of this title shall not apply to the reserve.
       ``(g) Effect on Existing Contracts.--(1) In the case of any 
     contract, in effect on the effective date, for the purchase 
     of production from any part of the United States' share of 
     Naval Petroleum Reserve Numbered 1, the sale of the interest 
     of the United States in the reserve shall be subject to the 
     contract for a period of three months after the closing date 
     of the sale or until termination of the contract, whichever 
     occurs first. The term of any contract entered into after the 
     effective date for the purchase of such production shall not 
     exceed the anticipated closing date for the sale of the 
     reserve.

[[Page S 13471]]

       ``(2) The Secretary shall exercise the termination 
     procedures provided in the contract between the United States 
     and Bechtel Petroleum Operation, Inc., Contract Number DE-
     ACO1-85FE60520 so that the contract terminates not later than 
     the date of closing of the sale of Naval Petroleum Reserve 
     Numbered 1 under subsection (c).
       ``(3) The Secretary shall exercise the termination 
     procedures provided in the unit plan contract so that the 
     unit plan contract terminates not later than the date of 
     closing of the sale of reserve.
       ``(h) Effect on Antitrust Laws.--Nothing in this section 
     shall be construed to alter the application of the antitrust 
     laws of the United States to the purchaser or purchasers (as 
     the case may be) of Naval Petroleum Reserve Numbered 1 or to 
     the lands in the reserve subject to sale under this section 
     upon the completion of the sale.
       ``(i) Preservation of Private Right, Title, and Interest.--
     Nothing in this section shall be construed to adversely 
     affect the ownership interest of any other entity having any 
     right, title, and interest in and to lands within the 
     boundaries of Naval Petroleum Reserve Numbered 1 and which 
     are subject to the unit plan contract.
       ``(j) Notice to Congress.--(1) Subject to paragraph (2), 
     the Secretary may not enter into any contract for the sale of 
     the reserve until the end of the 31-day period beginning on 
     the date on which the Secretary notifies the Committee on 
     Armed Services of the Senate and the Committee on National 
     Security and the Committee on Commerce of the House of 
     Representatives of the conditions of the proposed sale.
       ``(2) If the Secretary receives only one offer for purchase 
     of the reserve or any subcomponent thereof, the Secretary may 
     not enter into a contract for the sale of the reserve 
     unless--
       ``(A) the Secretary submits to Congress a notification of 
     the receipt of only one offer together with the conditions of 
     the proposed sale of the reserve or parcel to the offeror; 
     and
       ``(B) a joint resolution of approval described in 
     subsection (k) is enacted within 45 days after the date of 
     the notification.
       ``(k) Joint Resolution of Approval.--(1) For the purpose of 
     paragraph (2)(B) of subsection (j), `joint resolution of 
     approval' means only a joint resolution that is introduced 
     after the date on which the notification referred to in that 
     paragraph is received by Congress, and--
       ``(A) that does not have a preamble;
       ``(B) the matter after the resolving clause of which reads 
     only as follows: `That Congress approves the proposed sale of 
     Naval Petroleum Reserve Numbered 1 reported in the 
     notification submitted to Congress by the Secretary of Energy 
     on ____________.' (the blank space being filled in with the 
     appropriate date); and
       ``(C) the title of which is as follows: `Joint resolution 
     approving the sale of Naval Petroleum Reserve Numbered 1'.
       ``(2) A resolution described in paragraph (1) introduced in 
     the House of Representatives shall be referred to the 
     Committee on National Security of the House of 
     Representatives. A resolution described in paragraph (1) 
     introduced in the Senate shall be referred to the Committee 
     on Armed Services of the Senate. Such a resolution may not be 
     reported before the 8th day after its introduction.
       ``(3) If the committee to which is referred a resolution 
     described in paragraph (1) has not reported such resolution 
     (or an identical resolution) at the end of 15 calendar days 
     after its introduction, such committee shall be deemed to be 
     discharged from further consideration of such resolution and 
     such resolution shall be placed on the appropriate calendar 
     of the House involved.
       ``(4)(A) When the committee to which a resolution is 
     referred has reported, or has been deemed to be discharged 
     (under paragraph (3)) from further consideration of, a 
     resolution described in paragraph (1), it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution, and all points of order against the 
     resolution (and against consideration of the resolution) are 
     waived. The motion is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to amendment, or to a 
     motion to postpone, or to a motion to proceed to the 
     consideration of other business. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the resolution is agreed to, the resolution shall remain 
     the unfinished business of the respective House until 
     disposed of.
       ``(B) Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. A 
     motion further to limit debate is in order and not debatable. 
     An amendment to, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to recommit the resolution is not in order. A motion to 
     reconsider the vote by which the resolution is agreed to or 
     disagreed to is not in order.
       ``(C) Immediately following the conclusion of the debate on 
     a resolution described in paragraph (2), and a single quorum 
     call at the conclusion of the debate if requested in 
     accordance with the rules of the appropriate House, the vote 
     on final passage of the resolution shall occur.
       ``(D) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate or the House of 
     Representatives, as the case may be, to the procedure 
     relating to a resolution described in paragraph (1) shall be 
     decided without debate.
       ``(5) If, before the passage by one House of a resolution 
     of that House described in paragraph (1), that House receives 
     from the other House a resolution described in paragraph (1), 
     then the following procedures shall apply:
       ``(A) The resolution of the other House shall not be 
     referred to a committee.
       ``(B) With respect to a resolution described in paragraph 
     (2) of the House receiving the resolution--
       ``(i) the procedure in that House shall be the same as if 
     no resolution had been received from the other House; but
       ``(ii) the vote on final passage shall be on the resolution 
     of the other House.
       ``(6) This subsection is enacted by Congress--
       ``(A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     paragraph (1), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(l) Noncompliance With Deadlines.--If, at any time during 
     the one-year period beginning on the effective date, the 
     Secretary determines that the actions necessary to complete 
     the sale of the reserve within that period are not being 
     taken or timely completed, the Secretary shall transmit to 
     the Committee on Armed Services of the Senate and the 
     Committees on National Security and on Commerce of the House 
     of Representatives a notification of that determination 
     together with a plan setting forth the actions that will be 
     taken to ensure that the sale of the reserve will be 
     completed within that period. The Secretary shall consult 
     with the Director of the Office of Management and Budget in 
     preparing the plan for submission to the committees.
       ``(m) Oversight.--The Comptroller General shall monitor the 
     actions of the Secretary relating to the sale of the reserve 
     and report to the Committee on Armed Services of the Senate 
     and the Committee on National security of the House of 
     Representatives any findings on such actions that the 
     Comptroller General considers appropriate to report to such 
     committees.
       ``(n) Acquisition of Services.--The Secretary may enter 
     into contracts for the acquisition of services required under 
     this section under the authority of paragraph (7) of section 
     303(c) of the Federal Property and Administrative Services 
     Act of 1949 (41 U.S.C. 253(c)), except that the notification 
     required under subparagraph (B) of such paragraph for each 
     contract shall be submitted to Congress not less than 7 days 
     before the award of the contract.
       ``(o) Reconsideration of Process of Sale.--(1) If during 
     the course of the sale of the reserve the Secretary of Energy 
     and the Director of the Office of Management and Budget 
     jointly determine that--
       ``(A) the sale is proceeding in a manner inconsistent with 
     achievement of a sale price that reflects the full value of 
     the reserve, or
       ``(B) a course of action other than the immediate sale of 
     the reserve is in the best interests of the United States,
     the Secretary shall submit a notification of the 
     determination to the Committee on Armed Services of the 
     Senate and the Committees on National Security and on 
     Commerce of the House of Representatives.
       ``(2) After the Secretary submits a notification under 
     paragraph (1), the Secretary may not complete the sale the 
     reserve under this section unless there is enacted a joint 
     resolution--
       ``(A) that is introduced after the date on which the 
     notification is received by the committees referred to in 
     such paragraph;
       ``(B) that does not have a preamble;
       ``(C) the matter after the resolving clause of which reads 
     only as follows: `That the Secretary of Energy shall proceed 
     with activities to sell Naval Petroleum Reserve Numbered 1 in 
     accordance with section 7421a of title 10, United States 
     Code, notwithstanding the determination set forth in the 
     notification submitted to Congress by the Secretary of Energy 
     on ____________.' (the blank space being filled in with the 
     appropriate date); and
       ``(D) the title of which is as follows: `Joint resolution 
     approving continuation of actions to sell Naval Petroleum 
     Reserve Numbered 1'.
       ``(3) Subsection (k), except for paragraph (1) of such 
     subsection, shall apply to the joint resolution described in 
     paragraph (2).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     7421 the following new item:

``7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).''.

       (b) Authorization of Appropriations.--Funds are authorized 
     to be appropriated for 

[[Page S 13472]]
     fiscal year 1996 for carrying out section 7421a of title 10, United 
     States Code (as added by subsection (a)), in the total amount 
     of $7,000,000.

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

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

     SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

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

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

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

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

       (b) Conditions on Disposal.--The authority of the President 
     under subsection (a) to dispose of materials stored in the 
     stockpile may not be used unless and until the Secretary of 
     Defense certifies to Congress that the disposal of such 
     materials will not adversely affect the capability of the 
     National Defense Stockpile to supply the strategic and 
     critical materials necessary to meet the needs of the United 
     States during a period of national emergency that requires a 
     significant level of mobilization of the economy of 

[[Page S 13473]]
     the United States, including any reconstitution of the military and 
     industrial capabilities necessary to meet the planning 
     assumptions used by the Secretary of Defense under section 
     14(b) of the Strategic and Critical Materials Stock Piling 
     Act (50 U.S.C. 98h-5(b)).
       (c) Relationship to Other Disposal Authority.--The disposal 
     authority provided in subsection (a) is in addition to any 
     other disposal authority provided by law.

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

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

     SEC. 3404. RESTRICTIONS ON DISPOSAL OF MANGANESE FERRO.

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

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

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


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

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

     SEC. 3501. SHORT TITLE.

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

     SEC. 3502. AUTHORIZATION OF EXPENDITURES.

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

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