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(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 mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation 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 reac-
tor 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 facil-
ity dry cell project, Naval Reactors Facility,
Idaho, $3,000,000.
(b) ADJUSTMENT.—The total amount that may be ap-
propriated pursuant to this section is the total amount au-
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thorized 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 envi-
ronmental restoration and waste management activities
pursuant to section 3102, stipulated civil penalties in the
amount of $350,000 assessed under the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) against the Rocky Flats Site,
Golden, Colorado.
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SEC. 3106. STANDARDIZATION OF ETHICS AND REPORTING
REQUIREMENTS AFFECTING THE DEPART-
MENT OF ENERGY WITH GOVERNMENT-WIDE
STANDARDS.
(a) REPEALS.—(1) Part A of title VI of the Depart-
ment 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U.S.C. 7211, 7212, and 7218) are repealed.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 Develop-
ment 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 con-
tents 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 re-
lating to section 522.
SEC. 3107. CERTAIN ENVIRONMENTAL RESTORATION RE-
QUIREMENTS.
It is the sense of Congress that:
(1) No individual acting within the scope of that
individual’s employment with a Federal agency or de-
partment shall be personally subject to civil or crimi-
nal sanctions, for any failure to comply with an envi-
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ronmental 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 en-
forcement 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 insuffi-
cient to fund any such environmental cleanup re-
quirements, the committees of Congress with jurisdic-
tion shall examine the issue, elicit the views of Fed-
eral agencies, affected States, and the public, and con-
sider appropriate statutory amendments to address
personal criminal liability, and any related issues
pertaining to potential liability of any Federal agen-
cy 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 quali-
fied in the following respect:
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‘‘(c) LIMITATIONS.—Nothing in this Act shall be con-
strued 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 sub-
mits to the congressional defense committees the report re-
ferred 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 au-
thorized 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 cir-
cumstances relied upon in support of such proposed action.
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(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjourn-
ment 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 de-
nied 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 com-
mittees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
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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 justifica-
tion 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 ac-
tions and the circumstances making such action nec-
essary; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(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.
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(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 para-
graph (1). No such authorization may be increased or de-
creased by more than 5 percent by a transfer under such
paragraph.
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(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 CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (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 Sec-
retary 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
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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 con-
struction 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 ar-
chitectural 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 author-
ized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, 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
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planning, design, and construction activities for any De-
partment 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 construc-
tion project until the Secretary has submitted to the con-
gressional 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 author-
ity under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY 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,
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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 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. TRITIUM PRODUCTION.
(a) TRITIUM PRODUCTION.—Of the funds authorized
to be appropriated to the Department of Energy under sec-
tion 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 ade-
quate 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 FACIL-
ITY.—The Secretary of Energy shall locate the new tritium
production facility of the Department of Energy at the Sa-
vannah River Site, South Carolina.
(c) TRITIUM TARGETS.—Of the funds authorized to be
appropriated to the Department of Energy under section
3101, not more than $5,000,000 shall be available for the
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Idaho National Engineering Laboratory for the test and de-
velopment 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 De-
partment 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 implemen-
tation of, the interim- and long-term storage and disposi-
tion of fissile materials (including plutonium, highly en-
riched 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 as-
sessment on a competitive basis by an appropriate univer-
sity consortium.
SEC. 3133. TRITIUM RECYCLING.
(a) IN GENERAL.—Except as provided in subsection
(b), the following activities shall be carried out at the Sa-
vannah River Site, South Carolina:
(1) All tritium recycling for weapons, including
tritium refitting.
(2) All activities regarding tritium formerly car-
ried out at the Mound Plant, Ohio.
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(b) EXCEPTION.—The following activities may be car-
ried out at the Los Alamos National Laboratory, New Mex-
ico:
(1) Research on tritium.
(2) Work on tritium in support of the defense in-
ertial confinement fusion program.
(3) Provision of technical assistance to the Sa-
vannah River Site regarding the weapons surveillance
program.
SEC. 
3134. 
MANUFACTURING 
INFRASTRUCTURE 
FOR
REFABRICATION AND CERTIFICATION OF EN-
DURING NUCLEAR WEAPONS STOCKPILE.
(a) MANUFACTURING PROGRAM.—The Secretary of
Energy shall carry out a program for purposes of establish-
ing within the Government a manufacturing infrastructure
that has the following capabilities as specified in the Nu-
clear Posture Review:
(1) To develop a stockpile surveillance engineer-
ing base.
(2) To refabricate and certify weapon compo-
nents 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.
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(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 sub-
section (a) shall include the following capabilities (modern-
ized to attain the objectives referred to in that subsection):
(1) The weapons assembly capabilities of the
Pantex Plant.
(2) The weapon secondary fabrication capabili-
ties of the Y–12 Plant, Oak Ridge, Tennessee.
(3) The tritium production and recycling capa-
bilities of the Savannah River Site.
(4) A weapon primary pit refabrication/manu-
facturing and reuse facility capability at Savannah
River Site (if required for national security pur-
poses).
(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 con-
tained in the Report of the Secretary of Defense to the Presi-
dent and the Congress dated February 19, 1995, or subse-
quent such reports.
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(d) FUNDING.—Of the funds authorized to be appro-
priated under section 3101(b), $143,000,000 shall be avail-
able for carrying out the program required under this sec-
tion, 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 De-
partment of Energy under section 3101, $50,000,000 shall
be available for preparation for the commencement of a pro-
gram 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.
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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 con-
duct a fellowship program for the development of skills criti-
cal 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 de-
velopment 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 assist-
ance 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.
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(c) COVERED FACILITIES.—The Secretary shall carry
out the fellowship program at or in connection with the fol-
lowing facilities:
(1) The Kansas City Plant, Kansas City, Mis-
souri.
(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 De-
fense 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 di-
rector 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 appro-
priated to the Department of Energy for fiscal year 1996
under section 3101(b), $10,000,000 may be used for the pur-
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pose of carrying out the fellowship program under this sec-
tion.
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 con-
duct 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 main-
taining 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 sci-
entific 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 appro-
priated to the Department of Energy for fiscal year 1996
under section 3101(a), $10,000,000 may be used for the pur-
pose of carrying out the education program under this sec-
tion.
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SEC. 3138. LIMITATION ON USE OF FUNDS FOR CERTAIN RE-
SEARCH 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 ACTIVI-
TIES.—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 proc-
essing activities at the Idaho National Engineering Labora-
tory.
(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 plu-
tonium processing and reprocessing) of separating, reduc-
ing, isolating, and storing the spent nuclear fuel rods that
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are sent to the site from other Department of Energy facili-
ties 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 avail-
able 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 De-
partment of Energy under section 3103, $3,000,000 shall
be available for the Declassification Productivity Initiative
of the Department of Energy.
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SEC. 3141. AUTHORITY TO REPROGRAM FUNDS FOR DIS-
POSITION 
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 nu-
clear 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 re-
spect 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 Oc-
tober 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 nu-
clear fuel’’ has the meaning given such term in section 2(23)
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of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23)).
SEC. 3142. PROTECTION OF WORKERS AT NUCLEAR WEAP-
ONS FACILITIES.
Of the funds authorized to be appropriated to the De-
partment 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 Pro-
grams
SEC. 3151. REVIEW OF DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS.
(a) REPORT.—Not later than March 15, 1996, the Sec-
retary 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 Depart-
ment of Energy.
(b) CONTENTS OF REPORT.—The report shall include
an assessment of the following:
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(1) The effectiveness of the Department of Energy
in maintaining the safety and reliability of the en-
during nuclear weapons stockpile.
(2) The management by the Department of the
nuclear weapons complex, including—
(A) a comparison of the Department of En-
ergy’s implementation of applicable environ-
mental, 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 develop-
ment 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 estab-
lished 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.
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Subtitle E—Other Matters
SEC. 3161. RESPONSIBILITY FOR DEFENSE PROGRAMS
EMERGENCY RESPONSE PROGRAM.
The Office of Military Applications under the Assist-
ant Secretary of Energy for Defense Programs shall retain
responsibility for the Defense Programs Emergency Re-
sponse 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 develop-
ment, and the programmatic and technical requirements as-
sociated 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 sub-
mitted 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 steward-
ship of the enduring nuclear weapons stockpile.
(c) DEFINITION.—In this section, the term ‘‘Nuclear
Posture Review’’ means the Department of Defense Nuclear
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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 commit-
tees a report on any plans of the President to purchase from
foreign suppliers tritium to be used for purposes of the nu-
clear 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 ad-
dress 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).
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(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 STEWARD-
SHIP 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 main-
taining 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 ac-
tive weapons and inactive weapons) in the enduring
nuclear weapons stockpile, and any plans (including
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the analytical basis for such plans) for lifetime exten-
sions of such components.
(4) A schedule of the modifications, if any, re-
quired for each weapon type (including active weap-
ons 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 weap-
ons) 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 INSTALLA-
TIONS.—Section 83 of such Act (42 U.S.C. 2383) is amend-
ed 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’’.
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(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 Ala-
mos, New Mexico’’; and
(2) by adding at the end the following new sen-
tence: ‘‘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 de-
scribing 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 in-
serting in lieu thereof ‘‘June 30, 1997’’; and
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(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 REGARD-
ING SHIPMENTS OF SPENT NUCLEAR FUEL
FROM NAVAL REACTORS.
(a) SENSE OF THE SENATE.—It is the sense of the Sen-
ate 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 Na-
tional Security of the House of Representatives a written
report on the status or outcome of the negotiations urged
under subsection (a).
(2) The report shall include the following matters:
(A) If an agreement is reached, the terms of the
agreement, including the dates on which shipments of
spent nuclear fuel from naval reactors will resume.
(B) If an agreement is not reached—
(i) the Secretary’s evaluation of the issues
remaining to be resolved before an agreement can
be reached;
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(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 re-
actors to ensure that the Navy can meet the na-
tional security requirements of the United States.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
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 En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NAVAL
PETROLEUM RESERVES
SEC. 3301. SALE OF NAVAL PETROLEUM RESERVE NUM-
BERED 1 (ELK HILLS).
(a) SALE OF ELK HILLS UNIT REQUIRED.—(1) Chap-
ter 641 of title 10, United States Code, is amended by in-
serting after section 7421 the following new section:
‘‘§ 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)
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of this title, the Secretary shall sell all right, title, and inter-
est of the United States in and to lands owned or controlled
by the United States inside Naval Petroleum Reserve Num-
bered 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.
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‘‘(2) The Secretary shall retain the services of an inde-
pendent petroleum engineer, mutually acceptable to the eq-
uity owners, who shall prepare a recommendation on final
equity figures. The Secretary may accept the recommenda-
tion 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 ac-
cordance 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 con-
tract within five months after the effective date. Such reso-
lution 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 Ad-
ministrator of General Services, shall ensure that the sale
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process is fair and open to all interested and qualified par-
ties.
‘‘(2)(A) Not later than two months after the effective
date, the Secretary shall retain the services of five independ-
ent experts in the valuation of oil and gas fields to conduct
separate assessments, in a manner consistent with commer-
cial 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 in-
cluded 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 Di-
rector of the Office of Management and Budget jointly deter-
mine the Treasury would receive from the reserve if the re-
serve 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 nec-
essary 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.
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‘‘(C) The Secretary, in consultation with the Director
of the Office of Management and Budget, shall set the mini-
mum 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 Petro-
leum Reserve Numbered 1 under this section. Notwithstand-
ing 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 adminis-
trator under paragraph (3) shall complete a draft contract
or contracts for the sale of Naval Petroleum Reserve Num-
bered 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
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‘‘(ii) any potential claim or liability (including
liability for environmental restoration and remedi-
ation), and the extent of any such claim or liability,
for which the United States is responsible under sub-
section (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
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that date a certification regarding the quantity of the con-
tent 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 pur-
chasers (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 re-
ferred 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 de-
ducted, 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 appro-
priation Acts. After final disposition of the claims, any un-
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obligated 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 de-
velopment 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 sub-
ject 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 produc-
tion shall not exceed the anticipated closing date for the
sale of the reserve.
‘‘(2) The Secretary shall exercise the termination pro-
cedures provided in the contract between the United States
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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 pro-
cedures 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 pur-
chasers (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 begin-
ning on the date on which the Secretary notifies the Com-
mittee on Armed Services of the Senate and the Committee
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on National Security and the Committee on Commerce of
the House of Representatives of the conditions of the pro-
posed sale.
‘‘(2) If the Secretary receives only one offer for pur-
chase of the reserve or any subcomponent thereof, the Sec-
retary may not enter into a contract for the sale of the re-
serve unless—
‘‘(A) the Secretary submits to Congress a notifi-
cation 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 resolu-
tion of approval’ means only a joint resolution that is in-
troduced 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 Num-
bered 1 reported in the notification submitted to Con-
gress by the Secretary of Energy on llllll.’
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(the blank space being filled in with the appropriate
date); and
‘‘(C) the title of which is as follows: ‘Joint reso-
lution approving the sale of Naval Petroleum Reserve
Numbered 1’.
‘‘(2) A resolution described in paragraph (1) intro-
duced in the House of Representatives shall be referred to
the Committee on National Security of the House of Rep-
resentatives. A resolution described in paragraph (1) intro-
duced 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 cal-
endar 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 reso-
lution described in paragraph (1), it is at any time there-
after in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respec-
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tive 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 Representa-
tives 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 busi-
ness of the respective House until disposed of.
‘‘(B) Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be lim-
ited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the reso-
lution. 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 busi-
ness, 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 de-
bate on a resolution described in paragraph (2), and a sin-
gle quorum call at the conclusion of the debate if requested
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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 re-
lating 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 re-
ceives from the other House a resolution described in para-
graph (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
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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 re-
lating 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 deter-
mination 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
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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 re-
port 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 no-
tification required under subparagraph (B) of such para-
graph 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 incon-
sistent 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 determina-
tion to the Committee on Armed Services of the Senate and
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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 res-
olution—
‘‘(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 Pe-
troleum Reserve Numbered 1 in accordance with sec-
tion 7421a of title 10, United States Code, notwith-
standing the determination set forth in the notifica-
tion submitted to Congress by the Secretary of Energy
on llllll.’ (the blank space being filled in
with the appropriate date); and
‘‘(D) the title of which is as follows: ‘Joint reso-
lution 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).’’.
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(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
7421 the following new item:
‘‘7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are
authorized to be appropriated for fiscal year 1996 for carry-
ing 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 deter-
mine which of the following options, or combination of op-
tions, would maximize the value of the naval petroleum re-
serves to or for the United States:
(A) Transfer of all or a part of the naval petro-
leum reserves to the jurisdiction of the Department of
the Interior for leasing in accordance with the Min-
eral 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 consist-
ent with the provisions of such Acts.
(C) Sale of the interest of the United States in
the naval petroleum reserves.
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HR 1530 EAS
(2) The Secretary shall retain such independent con-
sultants 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 cus-
tomary 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 appro-
priate 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 Decem-
ber 31, 1996, the Secretary shall carry out the recommenda-
tions contained in the report.
(c) NAVAL PETROLEUM RESERVES DEFINED.—For
purposes of this section, the term ‘‘naval petroleum re-
serves’’ has the meaning given that term in section 7420(2)
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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 ad-
ditional 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 pro-
vided in appropriations Acts.
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switching, interchange, transmission, or recep-
tion of data or information by the executive
agency or under a contract with the executive
agency which (i) requires the use of such system
or subsystem of equipment, or (ii) requires the
use, to a significant extent, of such system or
subsystem of equipment in the performance of a
service or the furnishing of a product; and in-
cludes computers; ancillary equipment; software,
firmware and similar procedures; services, in-
cluding support services; and related resources;
(B) does not include any such equipment
that is acquired by a Federal contractor inciden-
tal to a Federal contract; and
(C) does not include information technology
contained in national security systems.
(5) EXECUTIVE DEPARTMENT.—The term ‘‘execu-
tive department’’ means an executive department
specified in section 101 of title 5, United States Code.
(6) EXECUTIVE
AGENCY.—The term ‘‘executive
agency’’ has the meaning given the term in section
4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
(7) COMMERCIAL ITEM.—The term ‘‘commercial
item’’ has the meaning given that term in section
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resources management for achieving performance
goals;
(B) an analysis of the degree to which exist-
ing positions and personnel, both at the executive
and management levels, meet those requirements;
(C) develop strategies and specific plans for
hiring, training and professional development to
narrow the gap between needed and existing ca-
pability; and
(D) report to the agency head on the
progress made in improving information man-
agement capability.
(4) Agencies may establish Chief Information Of-
ficers for major subcomponents or bureaus.
(5) Agency chief information officers shall pos-
sess demonstrated ability in general management of,
and knowledge of and extensive practical experience
in, information and information technology manage-
ment practices of business or government entities.
(6) For each chief information officer, a deputy
chief information officer shall be appointed by the
agency head reporting directly to the respective agen-
cy or component chief information officer. Deputy
chief information officers shall have demonstrated
ability and experience in general management, busi-