518
(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 assist-
ance, $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:
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.
519
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 amount author-
ized 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 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.
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—
520
(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.
(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
521
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
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 3104, 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—
522
(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.
(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 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
523
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 time period as the author-
ization 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.
(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.
524
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
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 services (in-
cluding architectural and engineering services) in connec-
tion with any proposed construction project if the total esti-
mated cost for such design does not exceed $600,000.
525
(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 those funds au-
thorized to be appropriated for advance planning and con-
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 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.
526
(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,
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.
527
(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.
(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 obligate
funds;
(B) the amount of the proposed obligation;
and
528
(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.
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 congres-
sional defense committees of that conclusion.
SEC. 3133. TRITIUM PRODUCTION.
(a) NEW TRITIUM PRODUCTION ACTIVITIES.—Funds
authorized to be appropriated for fiscal year 1996 for new
tritium production activities shall be available only for the
following purposes and in the following amounts:
(1) For implementation of multipurpose water
reactor technology, $60,000,000, of which—
(A) $14,000,000 shall be made available to
private industry to begin implementation of the
privatized multipurpose reactor program plan
529
submitted to the Department of Energy on
March 31, 1994; and
(B) $20,000,000 shall be made available to
the Idaho National Engineering Laboratory for
the test and development of both the Light Water
Reactor Tritium Target Program and Mixed
Oxide Fuels.
(2) For research and development of accelerator
technology, $40,000,000.
(b) FISSILE MATERIALS CONTROL
AND DISPOSI-
TION.—Funds authorized to be appropriated for fiscal year
1996 for fissile materials storage and disposition activities
shall be available only for completing the evaluation 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 advanced
light water reactor in the Department of Energy pro-
grammatic environmental impact statement.
530
(c) ACCELERATOR RESEARCH AND DEVELOPMENT.—
(1) Subject to paragraph (2), funds authorized in subsection
(a)(2) shall be used to continue research and development
of the accelerator technologies in defense areas, including
its potential use as a backup technology to the advanced
light-water reactor technology for tritium production.
(2) Funds authorized in subsection (a)(2) may be ex-
pended only after the Secretary begins implementation of
the program described in subsection (a)(1)(A).
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.
SEC. 3142. STUDY ON NUCLEAR TEST READINESS POS-
TURES.
Not later than February 15, 1996, the Secretary of En-
ergy shall submit to Congress a report on the cost of, and
the programmatic and other issues associated with, sustain-
ing an ability to conduct an underground nuclear test in
6, 18, and 36 months from the date on which the President
531
determines that such a test is necessary to ensure the na-
tional 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.
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 weapons
facility by the International Atomic Energy Agency until—
(1) the Secretary certifies to Congress that no re-
stricted data or classified information will be revealed
during such inspection; and
532
(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)).
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—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 National De-
fense Stockpile Transaction Fund established under sub-
section (a) of section 9 of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section.
533
(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.
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 of-
fering to enter into agreements pursuant to any provision
of law for the disposal from the National Defense Stockpile
of chromite and manganese ores of metallurgical grade or
chromium ferro and manganese metal electrolytic, the
President shall give a right of first refusal on all such offers
to domestic ferroalloy upgraders.
(b) DOMESTIC FERROALLOY UPGRADER DEFINED.—
For purposes of this section, the term ‘‘domestic ferroalloy
534
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 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 Stock-
pile’’ 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 Na-
tional Defense Stockpile classification of Grade One, Speci-
fication 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 Presi-
dent may not reclassify manganese ferro in the National
Defense Stockpile after the date of the enactment of this Act.
535
(b) REQUIREMENT
FOR DOMESTIC UPGRADING.—
Manganese ferro in the National Defense Stockpile that does
not meet the classification specified in subsection (a) 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 Stock-
pile’’ 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 fis-
cal years 1996 through 2003, the Secretary of Defense shall
transfer from stocks of the National Defense Stockpile up
to 250 short tons of titanium sponge to the Secretary 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 re-
lated costs incurred in connection with the transfer.
(b) NATIONAL DEFENSE STOCKPILE DEFINED.—For
purposes of this section, the term ‘‘National Defense Stock-
pile’’ means the stockpile provided for in section 4 of the
536
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
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, United
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 Energy, of com-
parable petroleum in the same area.