643
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the parcels of real property to be
conveyed pursuant to subsections (a) and (b) shall be de-
termined by surveys that are satisfactory to the Secretary
of the Army. The cost of such surveys shall be borne by
WRECO.
(e) EFFECT ON EXISTING REVERSIONARY INTER-
EST.—The Secretary may enter into an agreement with
the appropriate officials of Pierce County, Washington,
under which—
(1) the existing reversionary interest of Pierce
County in the lands to be conveyed by the United
States under subsection (a) is extinguished; and
(2) the conveyance to the United States under
subsection (b) is made subject to a similar reversion-
ary interest in favor of Pierce County in the lands
conveyed under such subsection.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances under this section as
the Secretary considers appropriate to protect the inter-
ests of the United States.
644
SEC. 2837. MODIFICATION OF EXISTING LAND CONVEY-
ANCE, HAMILTON AIR FORCE BASE.
(a) AUTHORITIES IN EVENT OF PARTIAL SALE.—In
the event that the purchaser purchases only a portion of
the Sale Parcel and exercises its option to withdraw from
the sale as to the rest of the Sale Parcel, the portion of
the Sale Parcel that is not purchased (other than Landfill
26 and an appropriate buffer area around it and the
groundwater treatment facility site), together with any of
the land referred to in section 9099(e) of Public Law 102–
396 that is not purchased by the purchaser, may be sold
to the City of Novato, in the State of California, for the
sum of One Dollar as a public benefit transfer for school,
classroom or other educational use, for use as a public
park or recreation area or for further conveyance as pro-
vided herein, subject to the following restrictions: (1) if
the City sells any portion of such land to any third party
within 10 years after the transfer to the City, which sale
may be made without the foregoing use restrictions, any
proceeds received by the City in connection with such sale,
minus the demonstrated reasonable costs of conducting
the sale and of any improvements made by the City to
the land following its acquisition of the land (but only to
the extent such improvements increase the value of the
portion sold), shall be immediately turned over to the
Army in reimbursement of the withdrawal payment made
645
by the Army to the contract purchaser and the costs of
cleaning up the Landfill and (2) until one year following
completion of the cleanup of contaminated soil in the
Landfill and completion of the groundwater treatment fa-
cilities, the sale must be at a per-acre price for the portion
sold that is at least equal to the per-acre contract price
paid by the purchaser for the portion of the Sale Parcel
purchased under the Agreement and Modification, as
amended, and thereafter must be at a price at least equal
to the fair market value of the portion sold. The foregoing
restrictions shall not apply to a transfer to another public
or quasi-public agency for public uses of the kind de-
scribed above. The deed to the City shall contain a clause
providing that, if any of the proceeds referred to in clause
(1) are not delivered to the Army within 30 days after
sale, or any portion of the land not sold as provided herein
is used for other than educational, park or recreational
uses, title to the applicable portion of such land shall re-
vert to the United States at the election of the Adminis-
trator of the General Services Administration. The Sec-
retary of the Army shall agree to deliver into the applica-
ble closing escrow an acknowledgement of receipt of any
proceeds described in clause (1) above and a release of
the reverter right as to the affected land, effective upon
such receipt.
646
(b) SPECIAL CONVEYANCE REGARDING BUILDING
138 PARCEL.—The Secretary of the Army may convey the
Building 138 parcel, which has been designated by the
parties as Parcel A4 to the purchaser of the Sale Parcel.
The per-acre price for the portion sold shall be at least
equal to the per-acre contract price paid by the purchaser
for the portion of the Sale Parcel purchased under the
Agreement and Modification, dated September 25, 1990,
as amended.
SEC. 2838. TRANSFER OF JURISDICTION, FORT BLISS,
TEXAS.
(a) TRANSFER
OF LAND
FOR NATIONAL CEME-
TERY.—The Secretary of the Army may transfer, without
reimbursement, to the administrative jurisdiction of the
Secretary of Veterans Affairs a parcel of real property (in-
cluding any improvements thereon) consisting of approxi-
mately 22 acres and comprising a portion of Fort Bliss,
Texas.
(b) USE OF LAND.—The Secretary of Veterans Af-
fairs shall use the real property transferred under sub-
section (a) as an addition to the Fort Bliss National Cem-
etery and administer such real property pursuant to chap-
ter 24 of title 38, United States Code.
(c) RETURN OF UNUSED LAND.—If the Secretary of
Veterans Affairs determines that any portion of the real
647
property transferred under subsection (a) is not needed
for use as a national cemetery, the Secretary of Veterans
Affairs shall return such portion to the administrative ju-
risdiction of the Secretary of the Army.
(d) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by surveys that are
satisfactory to the Secretary of the Army. The cost of such
surveys shall be borne by the Secretary of Veterans Af-
fairs.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary of the Army considers appropriate
to protect the interests of the United States.
Subtitle D—Land Conveyances
Involving Utilities
SEC. 2841. CONVEYANCE OF RESOURCE RECOVERY FACIL-
ITY, FORT DIX, NEW JERSEY.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Army may convey to Burlington County, New Jersey (in
this section referred to as the ‘‘County’’), all right, title,
and interest of the United States in and to a parcel of
real property at Fort Dix, New Jersey, consisting of ap-
648
proximately two acres and containing a resource recovery
facility, known as the Fort Dix resource recovery facility.
(b) RELATED
EASEMENTS.—The Secretary may
grant to the County any easement that is necessary for
access to and operation of the resource recovery facility
conveyed under subsection (a).
(c) CONDITIONS ON CONVEYANCE.—The conveyance
of the resource recovery facility authorized by subsection
(a) is subject to the following conditions:
(1) That the County accept the resource recov-
ery facility in its existing condition at the time of
conveyance.
(2) That the County provide refuse and steam
service to Fort Dix, New Jersey, at the rate estab-
lished by the appropriate Federal or State regu-
latory authority.
(3) That the County comply with all applicable
environmental laws and regulations relating to the
resource recovery facility, including any permit or li-
cense requirements.
(4) That the County assume full responsibility
for ownership, operation, maintenance, repair, and
all regulatory compliance requirements for the re-
source recovery facility.
649
(d) CONDITION ON EXPANSION.—The conveyance of
the resource recovery facility under subsection (a) shall
also be subject to the condition that the County may not
expand the resource recovery facility without prior ap-
proval by the Secretary.
(e) ENVIRONMENTAL
COMPLIANCE.—The County
shall be responsible for owning, operating, and upgrading
the resource recovery facility in accordance with all appli-
cable Federal, State, and municipal laws and regulations
promulgated thereunder.
(f) DESCRIPTION
OF
THE PROPERTY.—The exact
acreage and legal description of the real property to be
conveyed under subsection (a), and of any easements to
be granted under subsection (b), shall be determined by
a survey satisfactory to the Secretary. The cost of such
survey shall be borne by the County.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) and the grant of any easement under subsection (b)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
650
SEC. 2842. CONVEYANCE OF WATER AND WASTEWATER
TREATMENT PLANTS, FORT GORDON, GEOR-
GIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to the city of Augusta, Georgia (in
this section referred to as the ‘‘City’’), all right, title, and
interest of the United States to several parcels of real
property located at Fort Gordon, Georgia, and consisting
of approximately seven acres each. The parcels are im-
proved with a water filtration plant, water distribution
system with storage tanks, sewage treatment plant, and
sewage collection system.
(b) RELATED
EASEMENTS.—The Secretary may
grant to the City any easement that is necessary for access
to the real property conveyed under subsection (a) and op-
eration of the conveyed facilities.
(c) CONDITIONS ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following
conditions:
(1) That the City accept the water and
wastewater treatment plants and distribution and
collection systems in their existing condition at the
time of conveyance.
(2) That the City provide water and sewer serv-
ice to Fort Gordon, Georgia, at a rate established by
651
the appropriate Federal or State regulatory author-
ity.
(3) That the City comply with all applicable en-
vironmental laws and regulations regarding the real
property conveyed under subsection (a), including
any permit or license requirements.
(4) That the City assume full responsibility for
ownership, operation, maintenance, repair, and all
regulatory compliance requirements for the water
and wastewater treatment plants and distribution
and collection systems.
(d) CONDITION
ON EXPANSION.—The conveyance
under subsection (a) shall also be subject to the condition
that the City may not expand the water and wastewater
treatment plants and distribution and collection systems
without prior approval by the Secretary.
(e) ENVIRONMENTAL COMPLIANCE.—The City shall
be responsible for owning, operating, and upgrading the
water and wastewater treatment plants and distribution
and collection systems in accordance with all applicable
Federal, State, and municipal laws and regulations pro-
mulgated thereunder.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a), and of any easements granted under
652
subsection (b), shall be determined by a survey satisfac-
tory to the Secretary. The cost of such survey shall be
borne by the City.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) and the grant of any easement under subsection (b)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2843. CONVEYANCE OF ELECTRICAL DISTRIBUTION
SYSTEM, FORT IRWIN, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to the Southern California Edison
Company, California (in this section referred to as the
‘‘Company’’), all right, title, and interest of the United
States in and to the electrical distribution system located
at Fort Irwin, California.
(b) DESCRIPTION OF SYSTEM AND CONVEYANCE.—
The electrical distribution system authorized to be con-
veyed under subsection (a) consists of approximately 115
miles of electrical distribution lines, including poles,
switches, reclosers, transformers, regulators, switchgears,
and service lines. The conveyance includes the equipment,
fixtures, structures, and other improvements the Federal
653
Government utilizes to provide electrical services at Fort
Irwin. The conveyance shall not include any real property.
(c) RELATED
EASEMENTS.—The Secretary may
grant to the Company any easement that is necessary for
access to and operation of the electrical distribution sys-
tem conveyed under subsection (a).
(d) CONDITIONS ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following
conditions:
(1) That the Company accept the electrical dis-
tribution system in its existing condition at the time
of conveyance.
(2) That the Company provide electrical service
to Fort Irwin, California, at a rate established by
the appropriate Federal or State regulatory author-
ity.
(3) That the Company comply with all applica-
ble environmental laws and regulations regarding the
electrical distribution system, including any permit
or license requirements.
(4) That the Company assume full responsibil-
ity for ownership, operation, maintenance, repair,
and all regulatory compliance requirements for the
electrical distribution system.
654
(e) CONDITION
ON EXPANSION.—The conveyance
under subsection (a) shall also be subject to the condition
that the Company may not expand the electrical distribu-
tion system without prior approval by the Secretary.
(f) ENVIRONMENTAL COMPLIANCE.—The Company
shall be responsible for owning, operating, and upgrading
the electrical distribution system in accordance with all ap-
plicable Federal, State, and municipal laws and regula-
tions promulgated thereunder.
(g) DESCRIPTION OF EASEMENT.—The exact acreage
and legal description of any easement granted under sub-
section (c) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne
by the Company.
(h) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) and the grant of any easement under subsection (c)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
Subtitle E—Other Matters
SEC. 2851. EXPANSION OF AUTHORITY TO SELL ELEC-
TRICITY.
(a) INCLUSION OF ADDITIONAL ENERGY PRODUC-
TION FACILITIES.—Subsection (a) of section 2483 of title
655
10, United States Code, is amended by striking out ‘‘alter-
nate energy and cogeneration type production facilities’’
in the first sentence and inserting in lieu thereof ‘‘energy
production facilities’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 2483. Special sale authority regarding electricity’’.
(2) The table of sections at the beginning of chapter
147 of title 10, United States Code, is amended by strik-
ing out the item relating to section 2483 and inserting
in lieu thereof the following new item:
‘‘2483. Special sale authority regarding electricity.’’.
SEC. 2852. AUTHORITY FOR MISSISSIPPI STATE PORT AU-
THORITY TO USE NAVY PROPERTY AT NAVAL
CONSTRUCTION BATTALION CENTER, GULF-
PORT, MISSISSIPPI.
(a) JOINT USE AGREEMENT AUTHORIZED.—The
Secretary of the Navy may enter into an agreement with
the Port Authority of the State of Mississippi (in this sec-
tion referred to as the ‘‘Port Authority’’), under which the
Port Authority may use real property comprising up to
50 acres located at the Naval Construction Battalion Cen-
ter, Gulfport, Mississippi (in this section referred to as
the ‘‘Center’’).
(b) TERM OF AGREEMENT.—The agreement author-
ized under subsection (a) may be for an initial period of
657
count of the agreement or to construct suitable re-
placement facilities for the Navy; and
(B) to pay the Navy an amount (as determined
by the Secretary) for the costs of relocating Navy
operations from the vacated facilities to the replace-
ment facilities.
(e) CONGRESSIONAL NOTIFICATION.—The Secretary
may not enter into the agreement authorized by subsection
(a) until the end of the 21-day period beginning on the
date on which the Secretary submits to Congress a report
containing an explanation of the terms of the proposed
agreement and a description of the consideration that the
Secretary expects to receive under the agreement.
(f) USE OF PAYMENT.—(1) In such amounts as are
provided in advance in appropriation Acts, the Secretary
may use amounts paid under subsection (d)(1) to pay for
general supervision, administration, and overhead ex-
penses and for improvement, maintenance, repair, con-
struction, or restoration of the roads, railways, and facili-
ties serving the Center.
(2) In such amounts as are provided in advance in
appropriation Acts, the Secretary may use amounts paid
under subsection (d)(2) to pay for constructing new facili-
ties, or making modifications to existing facilities, that are
necessary to replace facilities vacated by the Navy on ac-
658
count of the agreement under subsection (a) and for relo-
cating operations of the Navy from the vacated facilities
to replacement facilities.
(g) CONSTRUCTION BY PORT AUTHORITY.—The Sec-
retary may authorize the Port Authority to demolish exist-
ing facilities located on the property covered by the agree-
ment under subsection (a) and, consistent with the restric-
tion specified in subsection (c)(2), construct new facilities
on the property for joint use by the Port Authority and
the Navy.
(h) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the agreement authorized under
subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2853. PROHIBITION ON JOINT CIVIL AVIATION USE OF
NAVAL AIR STATION MIRAMAR, CALIFORNIA.
The Secretary of the Navy may not enter into any
agreement that would provide for or permit civil aircraft
to regularly use Naval Air Station Miramar, California.
SEC. 2854. REPORT REGARDING ARMY WATER CRAFT SUP-
PORT FACILITIES AND ACTIVITIES.
Not later than February 15, 1996, the Secretary of
the Army shall submit to Congress a report describing—
659
(1) the location, assets, and mission of each
Army facility, active or reserve component, that sup-
ports water transportation operations;
(2) an infrastructure inventory and utilization
rate of each Army facility supporting water trans-
portation operations;
(3) options for consolidating these operations to
reduce overhead; and
(4) actions that can be taken to affirmatively
respond to requests from the residents of Marcus
Hook, Pennsylvania, to close the Army Reserve facil-
ity located in Marcus Hook and make the facility
available for use by the community.
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL
SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE
STEWARDSHIP.—Subject to sub-
section (d), funds are hereby authorized to be appro-
660
priated to the Department of Energy for fiscal year 1996
for stockpile stewardship in carrying out weapons activi-
ties necessary for national security programs in the
amount of $3,610,914,000, to be allocated as follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,189,708,000 for fiscal year 1996, to be allocated
as follows:
(A) 
For 
operation 
and 
maintenance,
$1,098,403,000.
(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),
$96,305,000, to be allocated as follows:
Project 96–D–102, stockpile steward-
ship facilities revitalization, Phase VI, var-
ious locations, $2,520,000.
Project 96–D–103, ATLAS, Los Ala-
mos National Laboratory, Los Alamos,
New Mexico, $8,400,000.
Project 96–D–104, processing and en-
vironmental 
technology 
laboratory
(PETL), Sandia National Laboratories,
Albuquerque, New Mexico, $1,800,000.
661
Project 96–D–105, contained firing
facility addition, Lawrence Livermore Na-
tional Laboratory, Livermore, California,
$6,600,000.
Project 
95–D–102, 
Chemical 
and
Metallurgy Research Building upgrades
project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $9,940,000.
Project 94–D–102, nuclear weapons
research, development, and testing facili-
ties revitalization, Phase V, various loca-
tions, $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 facili-
ties revitalization, Phase III, various loca-
tions, $6,200,000.
Project 88–D–106, nuclear weapons
research, development, and testing facili-
ties revitalization, Phase II, various loca-
tions, $27,995,000.
(2) For inertial fusion, $240,667,000, to be al-
located as follows:
662
(A) 
For 
operation 
and 
maintenance,
$203,267,000.
(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),
$37,400,000 to be allocated as follows:
Project 96–D–111, national ignition
facility, TBD, $37,400,000.
(3) For technology transfer, $25,000,000.
(4) For Marshall Islands, $6,800,000.
(b) STOCKPILE
MANAGEMENT.—Subject to sub-
section (d), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for stockpile management in carrying out weapons activi-
ties necessary for national security programs in the
amount of $2,142,083,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$2,028,458,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
663
tion related thereto), $113,625,000, to be allocated
as follows:
Project 96–D–122, sewage treatment qual-
ity upgrade (STQU), Pantex Plant, Amarillo,
Texas, $600,000.
Project 96–D–123, retrofit HVAC and
chillers for ozone protection, Y–12 Plant, Oak
Ridge, Tennessee, $3,100,000.
Project 96–D–125, Washington measure-
ments 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 up-
grade, Y–12 Plant, Oak Ridge, Tennessee,
$6,300,000.
Project 94–D–124, hydrogen fluoride sup-
ply 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.
664
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 lo-
cations, $41,065,000.
Project 88–D–122, facilities capability as-
surance program, various locations, $8,660,000.
Project 88–D–123, security enhancement,
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—
665
(1) $25,000,000, for savings resulting from
procurement reform; and
(2) $86,344,000, for use in 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 secu-
rity programs in the amount of $3,406,000, all of which
shall be available for the following plant project (including
maintenance, restoration, planning, construction, acquisi-
tion, modification of facilities, and land acquisition related
thereto):
Project 90–D–103, environment, safety and
health improvements, weapons research and develop-
ment complex, Los Alamos National Laboratory,
Los Alamos, New Mexico.
(b) ENVIRONMENTAL
RESTORATION.—Subject to
subsection (i), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for environmental restoration in carrying out environ-
mental restoration and waste management activities nec-
666
essary for national security programs in the amount of
$1,575,973,000.
(c) WASTE MANAGEMENT.—Subject to subsection (i),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1996 for waste man-
agement in carrying out environmental restoration and
waste management activities necessary for national secu-
rity programs in the amount of $2,351,596,000, to be allo-
cated as follows:
(1) 
For 
operation 
and 
maintenance,
$2,168,994,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $182,602,000, to be allocated
as follows:
Project 96–D–406, K-Basin operations
program, Richland, Washington, $26,000,000.
Project 96–D–407, mixed waste low level
waste treatment projects, Rocky Flats, Golden,
Colorado, $2,900,000.
Project 96–D–408, waste management up-
grades, various locations, $5,615,000.
667
Project 95–D–402, install permanent elec-
trical service for the Waste Isolation Pilot
Plant, Carlsbad, New Mexico, $4,314,000.
Project 95–D–405, industrial landfill V
and construction/demolition landfill VII, Phase
III, Y–12 Plant, Oak Ridge, Tennessee,
$4,600,000.
Project 95–D–406, road 5–01 reconstruc-
tion, area 5, Nevada Test Site, Nevada,
$1,023,000.
Project 
94–D–400, 
high 
explosive
wastewater treatment system, Los Alamos Na-
tional 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.
668
Project 94–D–417, intermediate level and
low activity waste vaults, Savannah River Site,
Aiken, South Carolina, $2,704,000.
Project 93–D–178, building 374 liquid
waste treatment facility, Rocky Flats Environ-
mental Technology Site, 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-function waste
remediation facility, Richland, Washington,
$31,000,000.
Project 93–D–187, high-level waste re-
moval from filled waste tanks, Savannah River
Site, Aiken, South Carolina, $19,700,000.
Project 92–D–171, mixed waste receiving
and storage facility, Los Alamos National Lab-
oratory, Los Alamos, New Mexico, $1,105,000.
Project 92–D–188, waste management en-
vironmental, 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.
669
Project 90–D–177, RWMC transuranic
(TRU) waste characterization and storage facil-
ity, Idaho National Engineering Laboratory,
Idaho, $1,428,000.
Project 90–D–178, TSA retrieval enclo-
sure, 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 Site, Aiken,
South Carolina, $11,500,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$8,885,000.
Project 83–D–148, nonradioactive hazard-
ous waste management, Savannah River Site,
Aiken, South Carolina, $1,000,000.
(d) TECHNOLOGY DEVELOPMENT.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for tech-
nology development in carrying out environmental restora-
tion and waste management activities necessary for na-
tional security programs in the amount of $390,510,000.
670
(e) TRANSPORTATION MANAGEMENT.—Subject to
subsection (i), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for transportation management in carrying out environ-
mental restoration and waste management activities nec-
essary for national security programs in the amount of
$10,158,000.
(f) NUCLEAR MATERIALS
AND FACILITIES STA-
BILIZATION.—Subject to subsection (i), funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1996 for nuclear materials and facili-
ties stabilization in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $1,514,504,000 to be
allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,427,108,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $87,396,000, to be allocated as
follows:
Project 96–D–458, site drainage control,
Mound Plant, Miamisburg, Ohio, $885,000.
671
Project 96–D–461, Idaho National Engi-
neering Laboratory electrical distribution up-
grade, Idaho National Engineering Laboratory,
Idaho, $1,539,000.
Project 96–D–462, health physics instru-
ment laboratory, Idaho National Engineering
Laboratory, Idaho, $1,126,000.
Project 96–D–464, electrical and utility
systems upgrade, Idaho Chemical Processing
Plant, Idaho National Engineering Laboratory,
Idaho, $4,952,000.
Project 96–D–470, environmental monitor-
ing laboratory, Savannah River Site, Aiken,
South Carolina, $3,500,000.
Project 96–D–471, CFC HVAC/chiller ret-
rofit, Savannah River Site, Aiken, South Caro-
lina, $1,500,000.
Project 96–D–473, health physics site sup-
port facility, Savannah River Site, Aiken, South
Carolina, $2,000,000.
Project 95–D–155, upgrade site road in-
frastructure, Savannah River site, Aiken, South
Carolina, $2,900,000.
672
Project 95–D–156, radio trunking system,
Savannah River site, Aiken, South Carolina,
$6,000,000.
Project 95–D–454, 324 facility compliance/
renovation, Richland, Washington, $3,500,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$8,382,000.
Project 94–D–122, underground storage
tanks, Rocky Flats Plant, Golden, Colorado,
$5,000,000.
Project 94–D–401, emergency response fa-
cility, 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, Idaho National Engi-
neering Laboratory medical facilities, Idaho Na-
tional 
Engineering 
Laboratory, 
Idaho,
$3,601,000.
Project 94–D–451, infrastructure replace-
ment, Rocky Flats Plant, Golden, Colorado,
$2,940,000.
673
Project 93–D–147, domestic water system
upgrade, Phase I and II, Savannah River Site,
Aiken, South Carolina, $7,130,000.
Project 93–D–172, Idaho National Engi-
neering Laboratory electrical upgrade, Idaho
National 
Engineering 
Laboratory, 
Idaho,
$124,000.
Project 
92–D–123, 
plant 
fire/security
alarm 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, Idaho National Engi-
neering Laboratory fire and life safety improve-
ments, Idaho National Engineering Laboratory,
Idaho, $6,883,000.
Project 91–D–127, criticality alarm and
plant 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
674
carrying out environmental restoration and waste manage-
ment activities necessary for national security programs
in the amount of $31,251,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$16,251,000.
(2) For the following plant project (including
maintenance, restoration, planning, construction, ac-
quisition, modification of facilities, and the continu-
ation of projects authorized in prior years, and land
acquisition related thereto):
Project 95–E–600, hazardous materials
management and emergency response training
center, Richland, Washington, $15,000,000.
(h) ANALYSIS, EDUCATION, AND RISK MANAGE-
MENT.—Subject to subsection (i), funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1996 analysis, education, and risk manage-
ment in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $77,022,000.
(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—
675
(1) $651,942,000, for use of prior year bal-
ances; and
(2) $37,000,000 for Savannah River Pension
Refund.
SEC. 3103. PAYMENT OF PENALTIES.
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 activi-
ties pursuant to section 3102, stipulated civil penalties as-
sessed under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) in the amount of $350,000 assessed against the
Rocky Flats site, Colorado, under such Act.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) OTHER DEFENSE ACTIVITIES.—Subject to sub-
section (b), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for other defense activities in carrying out programs nec-
essary 
for 
national 
security 
in 
the 
amount 
of
$1,328,841,000, to be allocated as follows:
(1) For verification and control technology,
$353,200,000, to be allocated as follows:
676
(A) For nonproliferation and verification
research and development, $163,500,000.
(B) For arms control, $147,364,000.
(C) For intelligence, $42,336,000.
(2) For nuclear safeguards and security,
$83,395,000.
(3) For security investigations, $25,000,000.
(4) For security evaluations, $14,707,000.
(5) 
For 
the 
Office 
of 
Nuclear 
Safety,
$15,050,000.
(6) For worker and community transition as-
sistance, $75,000,000.
(7) 
For 
fissile 
materials 
disposition,
$70,000,000.
(8) For emergency management, $23,321,000.
(9) 
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:
677
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$11,300,000.
Project 95–D–201, advanced test re-
actor radioactive waste system upgrades,
Idaho National Engineering Laboratory,
Idaho, $4,800,000.
Project 93–D–200, engineering serv-
ices facilities, Knolls Atomic Power Lab-
oratory, 
Niskayuna, 
New 
York,
$3,900,000.
Project 90–N–102, expended core fa-
cility dry cell project, Naval Reactors facil-
ity, Idaho, $3,000,000.
(b) ADJUSTMENT.—The total amount that may be
appropriated pursuant to this section is the amount au-
thorized to be appropriated in subsection (a) reduced by
the sum of $13,000,000, for use of prior year balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1996 for pay-
ment 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.
678
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy
submits to the congressional defense committees the re-
port referred to in subsection (b) and a period of 30 days
has elapsed after the date on which such committees re-
ceive the report, the Secretary may not use amounts ap-
propriated 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 re-
quested of, Congress.
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed ac-
tion.
(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.
679
(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 im-
mediately 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 para-
graph (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
680
the current estimated cost of the construction project,
which is authorized by sections 3101, 3102, and 3104, or
which is in support of national security programs of the
Department of Energy and was authorized by any pre-
vious 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 jus-
tification 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 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.
681
(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 time period as the author-
izations of the Federal agency to which the amounts are
transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY;
LIMITATIONS.—(1) Subject to paragraph (2), the Sec-
retary of Energy may transfer funds authorized to be ap-
propriated to the Department of Energy pursuant to this
title between any such authorizations. Amounts of author-
izations so transferred may be merged with and be avail-
able for the same purposes and for the same time period
as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authoriza-
tion may be transferred between authorizations under
paragraph (1). No such authorization may be increased
682
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
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 Secretary of Energy shall complete a conceptual de-
sign for that project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
683
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 esti-
mated 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 services (in-
cluding architectural and engineering services) in connec-
tion 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 au-
thorized 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 those funds au-
thorized to be appropriated for advance planning and con-
684
struction design under sections 3101, 3102, and 3104, to
perform planning, design, and construction activities for
any Department of Energy defense activity 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 con-
struction 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 sec-
tion 3125(b)(2) does not apply to emergency planning, de-
sign, and construction activities conducted under this sec-
tion.
(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 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
685
for general plant projects are available for use, when nec-
essary, 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 or for plant and cap-
ital equipment may remain available until expended.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING
TO FISSILE MATERIALS.
(a) AUTHORITY.—The Secretary of Energy may con-
duct programs designed to improve the protection, control,
and accountability of fissile materials in Russia.
(b) PRIOR NOTICE TO CONGRESS OF OBLIGATION OF
FUNDS.—
(1) ANNUAL REQUIREMENT.—(A) Not less than
15 days before any obligation of any funds appro-
priated for any fiscal year for a program described
in subsection (a), the Secretary of Energy shall sub-
mit to the congressional committees specified in sub-
paragraph (B) a report on that proposed obligation
for that program for that fiscal year.
686
(B) The congressional committees referred to in
subparagraph (A) are the following:
(i) The Committee on Armed Services, the
Committee on Foreign Relations, and the Com-
mittee on Appropriations of the Senate.
(ii) The Committee on National Security,
the Committee on International Relations, and
the Committee on Appropriations of the House
of Representatives.
(2) MATTERS TO BE SPECIFIED IN REPORTS.—
Each such report shall specify—
(A) the activities and forms of assistance
for which the Secretary of Energy plans to obli-
gate funds;
(B) the amount of the proposed obligation;
and
(C) the projected involvement (if any) of
any department or agency of the United States
(in addition to the Department of Energy) and
of the private sector of the United States in the
activities and forms of assistance for which the
Secretary of Energy plans to obligate such
funds.
687
SEC. 3132. NATIONAL IGNITION FACILITY.
None of the funds appropriated pursuant to this title
for the National Ignition Facility may be obligated until—
(1) the Secretary of Energy concludes that the
construction of the National Ignition Facility will
not impede the nuclear nonproliferation objectives of
the United States; and
(2) the Secretary of Energy notifies the con-
gressional defense committees of that conclusion.
SEC. 3133. TRITIUM PRODUCTION.
(a) NEW TRITIUM PRODUCTION ACTIVITIES.—
(1) Of the amounts authorized to be appro-
priated 
in 
section 
3101(b), 
not 
more 
than
$50,000,000 shall be available for a project to pro-
vide a long-term source of tritium, subject to para-
graph (2).
(2) The amount made available under para-
graph (1) may not be used until such time as the
Secretary of Energy has completed a record of deci-
sion on a tritium production program and congres-
sional hearings have been conducted to determine
the appropriate option, in light of the national secu-
rity needs and nonproliferation and environmental
consequences, for establishing a long-term source of
tritium.
688
(b) FISSILE MATERIALS CONTROL
AND DISPOSI-
TION.—Funds authorized to be appropriated for fiscal
year 1996 for fissile materials storage and disposition ac-
tivities shall be available only for completing the evalua-
tion and beginning the implementation of the plutonium
storage and disposition option, including the multipurpose
advanced light water reactor, in the amount of
$70,000,000, of which—
(1) $5,000,000 shall be made available to the
Idaho National Engineering Laboratory for evalua-
tion of plutonium conversion to oxide fuel material
in the multipurpose advanced light water reactor;
and
(2) sufficient funds shall be made available for
a complete consideration of the multipurpose ad-
vanced light water reactor in the Department of En-
ergy programmatic environmental impact statement.
Subtitle D—Other Matters
SEC. 3141. REPORT ON FOREIGN TRITIUM PURCHASES.
Not later than February 1, 1996, the President shall
submit to Congress a report on the feasibility of, the cost
of, and the political, legal, and other issues associated with
purchasing tritium from various foreign suppliers in order
to ensure an adequate supply of tritium in the United
States for nuclear weapons.
689
SEC. 3142. STUDY ON NUCLEAR TEST READINESS POS-
TURES.
Not later than February 15, 1996, the Secretary of
Energy shall submit to Congress a report on the cost of,
and the programmatic and other issues associated with,
sustaining an ability to conduct an underground nuclear
test in 6, 18, and 36 months from the date on which the
President determines that such a test is necessary to en-
sure the national security of the United States.
SEC. 3143. MASTER PLAN ON WARHEADS IN THE ENDURING
STOCKPILE.
(a) MASTER PLAN.—Not later than March 15, 1996,
the President shall submit to Congress a master plan that
describes in detail how the Government plans to dem-
onstrate, by 2002—
(1) the capability to refabricate and certify war-
heads in the enduring stockpile; and
(2) the capability to design, fabricate, and cer-
tify new warheads.
(b) FORM OF PLAN.—The plan should be submitted
in classified and unclassified forms.
690
SEC. 3144. PROHIBITION ON INTERNATIONAL INSPECTIONS
OF DEPARTMENT OF ENERGY FACILITIES UN-
LESS PROTECTION OF RESTRICTED DATA IS
CERTIFIED.
(a) PROHIBITION ON INSPECTIONS.—The Secretary
of Energy may not allow an inspection of a nuclear weap-
ons facility by the International Atomic Energy Agency
until—
(1) the Secretary certifies to Congress that no
restricted data or classified information will be re-
vealed during such inspection; and
(2) a period of 30 days has passed since the
date on which such certification was made.
(b) RESTRICTED DATA DEFINED.—In this section,
the term ‘‘restricted data’’ has the meaning provided by
section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)).
SEC. 
3145. 
ACCELERATED 
SCHEDULE 
FOR 
ENVIRON-
MENTAL MANAGEMENT ACTIVITIES.
(a) ACCELERATED CLEANUP.—The Secretary of En-
ergy shall accelerate the schedule for environmental man-
agement activities and projects for any specific Depart-
ment of Energy defense nuclear facility site if, in the opin-
ion of the Secretary, such an accelerated schedule will re-
sult in substantial long-term cost savings to the Federal
691
Government and speed up release of land for economic de-
velopment.
(b) SITE SELECTION.—In selecting sites for an accel-
erated schedule under subsection (a), the Secretary shall
give highest priority to sites that are in close proximity
to populated areas, that pose significant risk, and that
have the greatest potential to result in privatization, com-
mercialization, and economic development of unneeded fa-
cilities.
(c) ELIGIBILITY.—For purposes of subsection (a),
environmental management activities and projects shall be
eligible for an accelerated schedule under subsection (a)
if the time for completion at the site of such activities can
be reduced by 50 percent or more below the time estab-
lished in the report of the Department of Energy Office
of Environmental Management titled ‘‘1995 Baseline En-
vironmental Management Report’’, March 1995.
(d) SAVINGS PROVISION.—Nothing in this section
shall be construed as affecting a specific statutory require-
ment for a specific project or as modifying or otherwise
affecting applicable statutory or regulatory environmental
restoration requirements, including substantive standards
intended to protect public health and the environment.
692
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 Energy Act of 1954 (42 U.S.C. 2286 et seq.)
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. FISCAL YEAR 1996 AUTHORIZED USES OF STOCK-
PILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 1996, the National Defense Stockpile Manager
may obligate up to $77,100,000 of the funds in the Na-
tional Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Crit-
ical 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 De-
fense Stockpile Manager may obligate amounts in excess
of the amount specified in subsection (a) if the National
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
693
obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notifica-
tion 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.
SEC. 3302. PREFERENCE FOR DOMESTIC UPGRADERS IN
DISPOSAL OF CHROMITE AND MANGANESE
ORES AND CHROMIUM FERRO AND MAN-
GANESE METAL ELECTROLYTIC.
(a) PREFERENCE FOR DOMESTIC UPGRADING.—In
offering to enter into agreements pursuant to any provi-
sion of law for the disposal from the National Defense
Stockpile of chromite and manganese ores of metallurgical
grade or chromium ferro and manganese metal electro-
lytic, 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 (or is capable of engaging in)
operations to upgrade chromite or manganese ores
694
of metallurgical grade or chromium ferro and man-
ganese metal electrolytic; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations
in the United States.
(c) NATIONAL DEFENSE STOCKPILE DEFINED.—For
purposes of this section, the term ‘‘National Defense
Stockpile’’ means the stockpile provided for in section 4
of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98c).
SEC. 3303. 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 man-
ganese ferro in the National Defense Stockpile after the
date of the enactment of this Act.
(b) REQUIREMENT FOR DOMESTIC UPGRADING.—
Manganese ferro in the National Defense Stockpile that
does not meet the classification specified in subsection (a)
695
shall only be sold for domestic remelting in a submerged
arc ferromanganese furnace.
(c) NATIONAL DEFENSE STOCKPILE DEFINED.—For
purposes of this section, the term ‘‘National Defense
Stockpile’’ means the stockpile provided for in section 4
of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98c).
SEC. 3304. TITANIUM INITIATIVE TO SUPPORT BATTLE
TANK UPGRADE PROGRAM.
(a) TRANSFER OF TITANIUM.—During each of the
fiscal years 1996 through 2003, the Secretary of Defense
shall transfer from stocks of the National Defense Stock-
pile up to 250 short tons of titanium sponge to the Sec-
retary of the Army for use in the weight reduction portion
of the main battle tank upgrade program. Transfers under
this section shall be without charge to the Army, except
that the Secretary of the Army shall pay all transportation
and related costs incurred in connection with the transfer.
(b) NATIONAL DEFENSE STOCKPILE DEFINED.—
For purposes of this section, the term ‘‘National Defense
Stockpile’’ means the stockpile provided for in section 4
of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98c).
696
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $101,028,000 for fiscal year 1996 for
the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval petro-
leum reserves (as defined in section 7420(2) of such title).
Funds appropriated pursuant to such authorization shall
remain available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PE-
TROLEUM DURING FISCAL YEAR 1996.
Notwithstanding section 7430(b)(2) of title 10, Unit-
ed States Code, during fiscal year 1996, any sale of any
part of the United States share of petroleum produced
from Naval Petroleum Reserves Numbered 1, 2, and 3
shall be made at a price not less than 90 percent of the
current sales price, as estimated by the Secretary of En-
ergy, of comparable petroleum in the same area.
SEC. 3403. SALE OF NAVAL PETROLEUM RESERVE NUM-
BERED 1 (ELK HILLS).
(a) SALE OF ELK HILLS UNIT REQUIRED.—Chapter
641 of title 10, United States Code, is amended by insert-
ing after section 7421 the following new section:
697
‘‘§ 7421a. Sale of Naval Petroleum Reserve Numbered
1 (Elk Hills)
‘‘(a) SALE REQUIRED.—(1) Notwithstanding any
other provision of this chapter, 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, Califor-
nia, and established by Executive order of the President,
dated September 2, 1912. Within one year after the effec-
tive date, the Secretary shall enter into one or more con-
tracts 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 Re-
serve Numbered 1 entered into on June 19, 1944.
‘‘(C) The term ‘effective date’ means the date
of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1996.
‘‘(b) EQUITY FINALIZATION.—(1) Not later than five
months after the effective date, the Secretary shall finalize
equity interests of the known oil and gas zones in Naval
698
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 rec-
ommendation 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 Num-
bered 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 eq-
uity 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 retain the services of five independent ex-
perts in the valuation of oil and gas fields to conduct sepa-
rate assessments, in a manner consistent with commercial
699
practices, of the fair market value of the interest of the
United States in Naval Petroleum Reserve Numbered 1.
In making their assessments, the independent experts
shall consider (among other factors) all equipment and fa-
cilities to be included in the sale, the net present value
of the reserve, and the net present value of the anticipated
revenue stream that the Secretary determines the Treas-
ury would receive from the reserve if the reserve were not
sold, adjusted for any anticipated increases in tax reve-
nues that would result if the reserve were sold. The inde-
pendent experts shall complete their assessments within
five months after the effective date. In setting the mini-
mum acceptable price for the reserve, the Secretary shall
consider the average of the five assessments or, if more
advantageous to the Government, the average of three as-
sessments after excluding the high and low assessments.
‘‘(2) Not later than two months after the effective
date, the Secretary shall retain the services of an invest-
ment 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.
‘‘(3) Not later than five months after the effective
date, the sales administrator selected under paragraph (2)
shall complete a draft contract for the sale of Naval Petro-
700
leum Reserve Numbered 1, which shall accompany the in-
vitation for bids and describe the terms and provisions of
the sale of the interest of the United States in the reserve.
The draft contract shall identify all equipment and facili-
ties to be included in the sale. The draft contract, includ-
ing 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.
‘‘(4) Not later than six months after the effective
date, the Secretary shall publish an invitation for bids for
the purchase of the reserve.
‘‘(5) Not later than nine months after the effective
date, the Secretary shall accept the highest responsible
offer for purchase of the interest of the United States in
Naval Petroleum Reserve Numbered 1 that meets or ex-
ceeds the minimum acceptable price determined under
paragraph (1).
‘‘(d) FUTURE LIABILITIES.—The United States shall
hold harmless and fully indemnify the purchaser of the
interest of the United States in Naval Petroleum Reserve
Numbered 1 from and against any claim or liability as
a result of ownership in the reserve by the United States.
701
‘‘(e) TREATMENT
OF
STATE
OF
CALIFORNIA
CLAIM.—(1) All claims against the United States by the
State of California or the Teachers’ Retirement Fund of
the State of California with respect to land within the
Naval Petroleum Reserve Numbered 1 or production or
proceeds of sale from the reserve shall be resolved only
as follows:
‘‘(A) A payment from funds provided for this
purpose in advance in appropriation Acts.
‘‘(B) A grant of nonrevenue generating land in
lieu of such a payment pursuant to sections 2275
and 2276 of the Revised Statutes of the United
States (43 U.S.C. 851 and 852).
‘‘(C) Any other means that would not be incon-
sistent with the Congressional Budget Act of 1974
(2 U.S.C. 621 et seq.).
‘‘(D) Any combination of subparagraphs (A),
(B), and (C).
‘‘(2) The value of any payment, grant, or means (or
combination thereof) under paragraph (1) may not exceed
an amount equal to seven percent of the proceeds from
the sale of the reserve, after deducting the costs incurred
to conduct the sale.
‘‘(f) PRODUCTION ALLOCATION FOR SALE.—(1) As
part of the contract for purchase of Naval Petroleum Re-
702
serve Numbered 1, the purchaser of the interest of the
United States in the reserve shall agree to make up to
25 percent of the purchaser’s share of annual petroleum
production from the purchased lands available for sale to
small refiners, which do not have their own adequate
sources of supply of petroleum, for processing or use only
in their own refineries. None of the reserved production
sold to small refiners may be resold in kind. The purchaser
of the reserve may reduce the quantity of petroleum re-
served under this subsection in the event of an insufficient
number of qualified bids. The seller of this petroleum pro-
duction has the right to refuse bids that are less than the
prevailing market price of comparable oil.
‘‘(2) The purchaser of the reserve shall also agree to
ensure that the terms of every sale of the purchaser’s
share of annual petroleum production from the purchased
lands shall be so structured as to give full and equal op-
portunity for the acquisition of petroleum by all interested
persons, including major and independent oil producers
and refiners alike.
‘‘(g) MAINTAINING
ELK
HILLS
UNIT
PRODUC-
TION.—Until the sale of Naval Petroleum Reserve Num-
bered 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
703
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 maxi-
mum efficient rate in section 7420(6) of this title shall
not apply to the reserve.
‘‘(h) 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 termi-
nation 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 an-
ticipated 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 and Bechtel Petroleum Operation, Inc., Contract
Number DE–ACO1–85FE60520 so that the contract ter-
minates 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
704
plan contract terminates not later than the date of closing
of the sale of reserve under subsection (c).
‘‘(i) EFFECT ON ANTITRUST LAWS.—Nothing in this
section shall be construed to alter the application of the
antitrust laws of the United States to the purchaser of
Naval Petroleum Reserve Numbered 1 or to the lands in
the reserve subject to sale under this section upon the
completion of the sale.
‘‘(j) 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.
‘‘(k) CONGRESSIONAL NOTIFICATION.—Section 7431
of this title shall not apply to the sale of Naval Petroleum
Reserve Numbered 1 under this section. However, the Sec-
retary may not enter into a contract for the sale of the
reserve until the end of the 31-day period beginning on
the date on which the Secretary notifies the Committee
on Armed Services of the Senate and the Committee on
National Security and the Committee on Commerce of the
House of Representatives of the proposed sale.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
705
after the item relating to section 7421 the following new
item:
‘‘7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).’’.
SEC. 3404. STUDY REGARDING FUTURE OF NAVAL PETRO-
LEUM RESERVES (OTHER THAN NAVAL PE-
TROLEUM RESERVE NUMBERED 1).
(a) STUDY REQUIRED.—The Secretary of Energy
shall conduct a study to determine which of the following
options regarding the naval petroleum reserves represents
the most cost-effective option for the United States:
(1) Retention and operation of the naval petro-
leum reserves by the Secretary under chapter 641 of
title 10, United States Code.
(2) Transfer of all or a part of the naval petro-
leum reserves to the jurisdiction of another Federal
agency.
(3) Lease of the naval petroleum reserves.
(4) Sale of the interest of the United States in
the naval petroleum reserves.
(b) CONDUCT OF STUDY.—The Secretary shall retain
an independent petroleum consultant to conduct the study.
(c) CONSIDERATIONS UNDER STUDY.—An examina-
tion of the benefits to be derived by the United States
from the sale of the naval petroleum reserves shall include
an assessment and estimate, in a manner consistent with
commercial practices, of the fair market value of the inter-
706
est of the United States in the naval petroleum reserves.
An examination of the benefits to be derived by the United
States from the lease of the naval petroleum reserves shall
consider full exploration, development, and production of
petroleum products in the naval petroleum reserves, with
a royalty payment to the United States.
(d) REPORT REGARDING STUDY.—Not later than
December 31, 1995, the Secretary shall submit to Con-
gress a report describing the results of the study and con-
taining such recommendations as the Secretary considers
necessary to implement the most cost-effective option
identified in the study.
(e) NAVAL PETROLEUM RESERVES DEFINED.—For
purposes of this section, the term ‘‘naval petroleum re-
serves’’ 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 XXXV—PANAMA CANAL
COMMISSION
Subtitle A—Authorization of
Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ‘‘Panama Canal
Commission Authorization Act for Fiscal Year 1996’’.
707
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) IN GENERAL.—Subject to subsection (b), the
Panama Canal Commission is authorized to make such ex-
penditures within the limits of funds and borrowing au-
thority 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 oper-
ation, 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 ad-
ministrative expenses, of which not more than—
(1) $11,000 may be used for official reception
and representation expenses of the Supervisory
Board of the Commission;
(2) $5,000 may be used for official reception
and representation expenses of the Secretary of the
Commission; and
(3) $30,000 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
708
built in the United States (including large heavy-duty ve-
hicles to be used to transport Commission personnel
across the isthmus of Panama). A vehicle may be pur-
chased with such funds only as necessary to replace an-
other passenger motor vehicle of the Commission.
SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER
LAWS.
Expenditures authorized under this subtitle may be
made only in accordance with the Panama Canal Treaties
of 1977 and any law of the United States implementing
those treaties.
Subtitle B—Reconstitution of Com-
mission 
as 
Government 
Cor-
poration
SEC. 3521. SHORT TITLE.
This subtitle may be cited as the ‘‘Panama Canal
Amendments Act of 1995’’.
SEC. 3522. RECONSTITUTION OF COMMISSION AS GOVERN-
MENT CORPORATION.
Section 1101 of the Panama Canal Act of 1979 (22
U.S.C. 3611) is amended to read as follows:
‘‘ESTABLISHMENT, PURPOSES, OFFICES, AND RESIDENCE
OF THE COMMISSION
‘‘SEC. 1101. (a) For the purposes of managing, oper-
ating, and maintaining the Panama Canal and its com-
plementary works, installations and equipment, and of
709
conducting operations incident thereto, in accordance with
the Panama Canal Treaty of 1977 and related agree-
ments, the Panama Canal Commission (hereinafter in this
Act referred to as the ‘Commission’) is established as a
wholly owned government corporation (as that term is
used in chapter 91 of title 31, United States Code) within
the executive branch of the Government of the United
States. The authority of the President with respect to the
Commission shall be exercised through the Secretary of
Defense.
‘‘(b) The principal office of the Commission shall be
located in the Republic of Panama in one of the areas
made available for use of the United States under the
Panama Canal Treaty of 1977 and related agreements,
but the Commission may establish branch offices in such
other places as it deems necessary or appropriate for the
conduct of its business. Within the meaning of the laws
of the United States relating to venue in civil actions, the
Commission is an inhabitant and resident of the District
of Columbia and the eastern judicial district of Louisi-
ana.’’.
SEC. 3523. SUPERVISORY BOARD.
Section 1102 of the Panama Canal Act of 1979 (22
U.S.C. 3612) is amended by striking so much as precedes
subsection (b) and inserting the following:
710
‘‘SUPERVISORY BOARD
‘‘SEC. 1102. (a) The Commission shall be supervised
by a Board composed of nine members, one of whom shall
be the Secretary of Defense or an officer of the Depart-
ment of Defense designated by the Secretary. Not less
than five members of the Board shall be nationals of the
United States and the remaining members of the Board
shall be nationals of the Republic of Panama. Three mem-
bers of the Board who are nationals of the United States
shall hold no other office in, and shall not be employed
by, the Government of the United States, and shall be cho-
sen for the independent perspective they can bring to the
Commission’s affairs. Members of the Board who are na-
tionals of the United States shall cast their votes as di-
rected by the Secretary of Defense or a designee of the
Secretary of Defense.’’.
SEC. 3524. INTERNATIONAL ADVISORS.
Section 1102 of the Panama Canal Act of 1979 (22
U.S.C. 3612) is amended by adding at the end the follow-
ing new subsection:
‘‘(d)(1) In order to enhance the prestige of the Com-
mission in the world shipping community and allow for
the exchange of varied perspectives between the Board and
distinguished international guests in the important delib-
erations of the Commission, the Government of the United
711
States and the Republic of Panama may each invite to
attend meetings of the Board, as a designated inter-
national advisor to the Board, one individual chosen for
the independent perspective that individual can bring to
the Commission’s affairs, and who—
‘‘(A) is not a citizen of Panama;
‘‘(B) does not represent any user or customer
of the Panama Canal, or any particular interest
group or nation; and
‘‘(C) does not have any financial interest which
could constitute an actual or apparent conflict with
regard to the relationship of the individual with the
Board of the Commission.
‘‘(2) Such designated international advisors may be
compensated by the Commission in the same manner and
under the same circumstances as apply under subsection
(b) with regard to members of the Board. Such designated
international advisors shall have no vote on matters pend-
ing before the Board.’’.
SEC. 3525. GENERAL AND SPECIFIC POWERS OF COMMIS-
SION.
The Panama Canal Act of 1979 (22 U.S.C. 3601 et
seq.) is amended by inserting after section 1102 the fol-
lowing new sections:
712
‘‘GENERAL POWERS OF THE COMMISSION
‘‘SEC. 1102a. (a) The Commission, subject to the
Panama Canal Treaty of 1977 and related agreements,
and to chapter 91 of title 31, United States Code, popu-
larly known as the Government Corporation Control Act—
‘‘(1) may adopt, alter, and use a corporate seal,
which shall be judicially noticed;
‘‘(2) may by action of the Board of Directors
adopt, amend, and repeal bylaws governing the con-
duct of its general business and the performance of
the powers and duties granted to or imposed upon
it by law;
‘‘(3) may sue and be sued in its corporate
name, except that—
‘‘(A) its amenability to suit is limited by
Article VIII of the Panama Canal Treaty of
1977, section 1401 of this Act, and otherwise
by law;
‘‘(B) an attachment, garnishment, or simi-
lar process may not be issued against salaries
or other moneys owed by the Commission to its
employees except as provided by section 5520a
of title 5, United States Code, and section 459,
461, and 462 of the Social Security Act (42
U.S.C. 659, 661, 662), or as otherwise specifi-
713
cally authorized by the laws of the United
States; and
‘‘(C) it is exempt from the payment of in-
terest on claims and judgments;
‘‘(4) may enter into contracts, leases, agree-
ments, or other transactions; and
‘‘(5) may determine the character of, and neces-
sity for, its obligations and expenditures and the
manner in which they shall be incurred, allowed, and
paid, and may incur, allow, and pay them, subject
to pertinent provisions of law generally applicable to
Government corporations.
‘‘(b) The Commission shall have the priority of the
Government of the United States in the payment of debts
out of bankrupt estates.
‘‘SPECIFIC POWERS OF COMMISSION
‘‘SEC. 1102b. (a) Subject to the Panama Canal Trea-
ty of 1977 and related agreements, and to chapter 91 of
title 31, United States Code, popularly known as the Gov-
ernment Corporation Control Act, the Commission may—
‘‘(1) manage, operate, and maintain the Pan-
ama Canal;
‘‘(2) construct or acquire, establish, maintain,
and operate docks, wharves, piers, shoreline facili-
ties, shops, yards, marine railways, salvage and tow-
ing facilities, fuel-handling facilities, motor transpor-
714
tation facilities, power systems, water systems, a
telephone system, construction facilities, living quar-
ters and other buildings, warehouses, storehouses, a
printing plant, and manufacturing, processing, or
service facilities in connection therewith, recreational
facilities, and other activities, facilities, and appur-
tenances necessary and appropriate for the accom-
plishment of the purposes of this Act;
‘‘(3) use the United States mails in the same
manner and under the same conditions as the execu-
tive departments of the Federal Government; and
‘‘(4) take such actions as are necessary or ap-
propriate to carry out the powers specifically con-
ferred upon it.’’.
SEC. 3526. CONGRESSIONAL REVIEW OF BUDGET.
Section 1302 of the Panama Canal Act of 1979 (22
U.S.C. 3712) is amended—
(1) in subsection (c)(1) by striking ‘‘and subject
to paragraph (2)’’;
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as para-
graph (2); and
(4) by amending subsection (e) to read as fol-
lows:
715
‘‘(e) In accordance with section 9104 of title 31,
United States Code, the Congress shall review the annual
budget of the Commission.’’.
SEC. 3527. AUDITS.
Section 1313 of the Panama Canal Act of 1979 (22
U.S.C. 3723) is amended—
(1) by striking the heading for the section and
inserting the following:
‘‘AUDITS’’;
(2) in subsection (a) by striking ‘‘Financial
transactions’’ and inserting ‘‘Subject to subsection
(d), financial transactions’’;
(3) in subsection (b) in the first sentence by
striking ‘‘The Comptroller General’’ and inserting
‘‘Subject to subsection (d), the Comptroller Gen-
eral’’; and
(4) by adding at the end the following new sub-
sections:
‘‘(d) At the discretion of the Board provided for in
section 1102, the Commission may hire independent audi-
tors to perform, in lieu of the Comptroller General, the
audit and reporting functions prescribed in subsections (a)
and (b).
‘‘(e) In addition to auditing the financial statements
of the Commission, the independent auditor shall, in ac-
cordance with standards for an examination of a financial
717
‘‘(c) After the proceedings have been conducted pur-
suant to subsections (a) and (b) of this section, the Com-
mission may change the rules of measurement or rates of
tolls, as the case may be. The Commission shall, however,
publish notice of such change in the Federal Register not
less than 30 days before the effective date of the change.’’;
and
(3) by striking subsections (d) and (e) and re-
designating subsection (f) as subsection (d).
SEC. 3530. MISCELLANEOUS TECHNICAL AMENDMENTS.
The Panama Canal Act of 1979 is amended—
(1) in section 1205 (22 U.S.C. 3645) in the last
sentence by striking ‘‘appropriation’’ and inserting
‘‘fund’’;
(2) in section 1303 (22 U.S.C. 3713) by strik-
ing ‘‘The authority of this section may not be used
for administrative expenses.’’;
(3) in section 1321(d) (22 U.S.C. 3731(d)) in
the second sentence by striking ‘‘appropriations or’’;
(4) in section 1401(c) (22 U.S.C. 3761(c)) by
striking ‘‘appropriated for or’’;
(5) in section 1415 (22 U.S.C. 3775) by strik-
ing ‘‘appropriated or’’; and
(6) in section 1416 (22 U.S.C. 3776) in the
third sentence by striking ‘‘appropriated or’’.
718
SEC. 3531. CONFORMING AMENDMENT TO TITLE 31, UNITED
STATES CODE.
Section 9101(3) of title 31, United States Code, is
amended by adding at the end the following:
‘‘(P) the Panama Canal Commission.’’.
Passed the House of Representatives June 15, 1995.
Attest:
Clerk.