H. R. 1530—448
SEC. 3153. MASTER PLAN FOR THE CERTIFICATION, STEWARDSHIP,
AND MANAGEMENT OF WARHEADS IN THE NUCLEAR
WEAPONS STOCKPILE.
(a) MASTER PLAN REQUIREMENT.—Not later than March 15,
1996, the President shall submit to Congress a master plan for
maintaining the nuclear weapons stockpile. The President shall
submit to Congress an update of the master plan not later than
March 15 of each year thereafter.
(b) PLAN ELEMENTS.—The master plan and each update of
the master plan shall set forth the following:
(1) The numbers of weapons (including active and inactive
weapons) for each type of weapon in the nuclear weapons
stockpile.
(2) The expected design lifetime of each weapon type, the
current age of each weapon type, and any plans (including
the analytical basis for such plans) for lifetime extensions of
a weapon type.
(3) An estimate of the lifetime of the nuclear and non-
nuclear components of the weapons (including active weapons
and inactive weapons) in the nuclear weapons stockpile, and
any plans (including the analytical basis for such plans) for
lifetime extensions of such components.
(4) A schedule of the modifications, if any, required for
each weapon type (including active and inactive weapons) in
the nuclear weapons stockpile and the cost of such modifica-
tions.
(5) The process to be used in recertifying the safety, reliabil-
ity, and performance of each weapon type (including active
weapons and inactive weapons) in the nuclear weapons stock-
pile.
(6) The manufacturing infrastructure required to maintain
the nuclear weapons stockpile stewardship and management
programs, including a detailed project plan that demonstrates
the manner by which the Government will develop by 2002
the capability to refabricate and certify warheads in the nuclear
weapons stockpile and to design, fabricate, and certify new
warheads.
(c) FORM OF PLAN.—The master plan and each update of the
master plan shall be submitted in unclassified form, but may con-
tain a classified appendix.
SEC. 3154. PROHIBITION 
ON 
INTERNATIONAL 
INSPECTIONS 
OF
DEPARTMENT OF ENERGY FACILITIES UNLESS PROTEC-
TION OF RESTRICTED DATA IS CERTIFIED.
(a) PROHIBITION ON INSPECTIONS.—(1) The Secretary of Energy
may not allow an inspection of a nuclear weapons facility by the
International Atomic Energy Agency until the Secretary certifies
to Congress that no restricted data will be revealed during such
inspection.
(2) For purposes of paragraph (1), 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)).
(b) EXTENSION OF NOTICE-AND-WAIT REQUIREMENT REGARDING
PROPOSED
COOPERATION
AGREEMENTS.—Section 3155(b) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 3092) is amended by striking out ‘‘December
31, 1995’’ and inserting in lieu thereof ‘‘October 1, 1996’’.
H. R. 1530—449
SEC. 3155. REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICA-
TION AND RELEASE.
(a) IN GENERAL.—The Secretary of Energy shall ensure that,
before a document of the Department of Energy that contains
national security information is released or declassified, such docu-
ment is reviewed to determine whether it contains restricted data.
(b) LIMITATION ON DECLASSIFICATION.—The Secretary may not
implement the automatic declassification provisions of Executive
Order 12958 if the Secretary determines that such implementation
could result in the automatic declassification and release of docu-
ments containing restricted data.
(c) 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. 3156. ACCELERATED SCHEDULE FOR ENVIRONMENTAL RES-
TORATION AND WASTE MANAGEMENT ACTIVITIES.
(a) ACCELERATED CLEANUP.—The Secretary of Energy shall
accelerate the schedule for environmental restoration and waste
management activities and projects for a site at a Department
of Energy defense nuclear facility if the Secretary determines that
such an accelerated schedule will achieve meaningful, long-term
cost savings to the Federal Government and could substantially
accelerate the release of land for local reuse.
(b) CONSIDERATION OF FACTORS.—In making a determination
under subsection (a), the Secretary shall consider the following:
(1) The cost savings achievable by the Federal Government.
(2) The amount of time for completion of environmental
restoration and waste management activities and projects at
the site that can be reduced from the time specified for comple-
tion of such activities and projects in the baseline environ-
mental management report required to be submitted for 1995
under section 3153 of the National Defense Authorization Act
for Fiscal Year 1994 (42 U.S.C. 7274k).
(3) The potential for reuse of the site.
(4) The risks that the site poses to local health and safety.
(5) The proximity of the site to populated areas.
(c) REPORT.—Not later than May 1, 1996, the Secretary shall
submit to Congress a report on each site for which the Secretary
has accelerated the schedule for environmental restoration and
waste management activities and projects under subsection (a).
The report shall include an explanation of the basis for the deter-
mination for that site required by such subsection, including an
explanation of the consideration of the factors described in sub-
section (b).
(d) SAVINGS PROVISION.—Nothing in this section may be con-
strued to affect a specific statutory requirement for a specific
environmental restoration or waste management activity or project
or to modify or otherwise affect applicable statutory or regulatory
environmental restoration and waste management requirements,
including substantive standards intended to protect public health
and the environment.
SEC. 3157. SENSE OF CONGRESS REGARDING CERTAIN ENVIRON-
MENTAL RESTORATION REQUIREMENTS.
It is the sense of Congress that—
H. R. 1530—450
(1) an individual acting within the scope of that individual’s
employment with a Federal agency should not be personally
subject to civil or criminal sanctions (to the extent such sanc-
tions are provided for by law) as a result of the failure to
comply with an environmental cleanup requirement under the
Solid Waste Disposal Act or the Comprehensive Environmental
Response, Compensation, and Liability Act or an analogous
requirement under a comparable Federal, State, or local law,
in any circumstance under which such failure to comply is
due to an insufficiency of funds appropriated to carry out such
requirement;
(2) Federal and State enforcement authorities should
refrain from an enforcement action in a circumstance described
in paragraph (1); and
(3) if funds appropriated for a fiscal year after fiscal year
1995 are insufficient to carry out any such environmental
cleanup requirement, Congress should elicit the views of Fed-
eral agencies, affected States, and the public, and consider
appropriate legislative action to address personal criminal
liability in a circumstance described in paragraph (1) and any
related issues pertaining to potential liability of a Federal
agency.
SEC. 3158. RESPONSIBILITY FOR DEFENSE PROGRAMS EMERGENCY
RESPONSE PROGRAM.
The Office of Military Applications under the Assistant Sec-
retary of Energy for Defense Programs shall retain responsibility
for the Defense Programs Emergency Response Program within
the Department of Energy.
SEC. 3159. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS
ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER FISCAL
YEAR 1996.
(a) IN GENERAL.—The weapons activities budget of the Depart-
ment of Energy shall be developed in accordance with the Nuclear
Posture Review, the Post Nuclear Posture Review Stockpile Memo-
randum currently under development, and the programmatic and
technical requirements associated with the review and memoran-
dum.
(b) REQUIRED DETAIL.—The Secretary of Energy shall include
in the materials that the Secretary submits to Congress in support
of the budget for a fiscal year submitted by the President pursuant
to section 1105 of title 31, United States Code, a long-term program
plan, and a near-term program plan, for the certification and
stewardship of the nuclear weapons stockpile.
(c) DEFINITION.—In this section, the term ‘‘Nuclear Posture
Review’’ means the Department of Defense Nuclear Posture Review
as contained in the report of the Secretary of Defense to the Presi-
dent and the Congress dated February 19, 1995, or in subsequent
such reports.
SEC. 3160. REPORT ON HYDRONUCLEAR TESTING.
(a) REPORT.—The Secretary of Energy shall direct the joint
preparation by the Directors of the Lawrence Livermore National
Laboratory and the Los Alamos National Laboratory of a report
on the advantages and disadvantages with respect to the safety
and reliability of the nuclear weapons stockpile of permitting alter-
native limits to the current limit on the explosive yield of
H. R. 1530—451
hydronuclear and other explosive tests. The report shall address
the following explosive yield limits:
(1) 4 pounds (TNT equivalent).
(2) 400 pounds (TNT equivalent).
(3) 4,000 pounds (TNT equivalent).
(4) 40,000 pounds (TNT equivalent).
(5) 400 tons (TNT equivalent).
(b) FUNDING.—The Secretary shall make available funds appro-
priated to the Department of Energy pursuant to section 3101
for preparation of the report required under subsection (a).
SEC. 3161. APPLICABILITY OF ATOMIC ENERGY COMMUNITY ACT OF
1955 TO LOS ALAMOS, NEW MEXICO.
(a) DATE OF TRANSFER OF UTILITIES.—Section 72 of the Atomic
Energy Community Act of 1955 (42 U.S.C. 2372) is amended by
striking out ‘‘not later than five years after the date it is included
within this Act’’ and inserting in lieu thereof ‘‘not later than June
30, 1998’’.
(b) DATE OF TRANSFER OF MUNICIPAL INSTALLATIONS.—Section
83 of such Act (42 U.S.C. 2383) is amended by striking out ‘‘not
later than five years after the date it is included within this Act’’
and inserting in lieu thereof ‘‘not later than June 30, 1998’’.
(c) RECOMMENDATION FOR FURTHER ASSISTANCE PAYMENTS.—
Section 91d. of such Act (42 U.S.C. 2391) is amended—
(1) by striking out ‘‘, and the Los Alamos School Board;’’
and all that follows through ‘‘county of Los Alamos, New Mex-
ico’’ and inserting in lieu thereof ‘‘; or not later than June
30, 1996, in the case of the Los Alamos School Board and
the county of Los Alamos, New Mexico’’; and
(2) by adding at the end the following new sentence: ‘‘If
the recommendation under the preceding sentence regarding
the Los Alamos School Board or the county of Los Alamos,
New Mexico, indicates a need for further assistance for the
school board or the county, as the case may be, after June
30, 1997, the recommendation shall include a report and plan
describing the actions required to eliminate the need for further
assistance for the school board or the county, including a pro-
posal for legislative action to carry out the plan.’’.
(d) CONTRACT TO MAKE PAYMENTS.—Section 94 of such Act
(42 U.S.C. 2394) is amended—
(1) by striking out ‘‘June 30, 1996’’ each place it appears
in the proviso in the first sentence and inserting in lieu thereof
‘‘June 30, 1997’’; and
(2) by striking out ‘‘July 1, 1996’’ in the second sentence
and inserting in lieu thereof ‘‘July 1, 1997’’.
SEC. 3162. SENSE OF CONGRESS REGARDING SHIPMENTS OF SPENT
NUCLEAR FUEL.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States has entered into a settlement agree-
ment with the State of Idaho in the actions captioned Public
Service Co. of Colorado v. Batt, Civil No. 91–0035–S–EJL,
and United States v. Batt, Civil No. 91–0054–S–EJL, in the
United States District Court for the District of Idaho, regarding
shipment of naval spent nuclear fuel to Idaho, examination
and storage of such fuel in Idaho, and other matters.
(2) Under this court enforceable agreement—
(A) the State of Idaho has agreed—
H. R. 1530—452
(i) to accept 575 shipments of naval spent nuclear
fuel from the Navy into Idaho between October 17,
1995 and 2035;
(ii) to accept certain shipments of spent nuclear
fuel from the Department of Energy into Idaho between
October 17, 1995 and 2035; and
(iii) to allow the Navy and the Department of
Energy, on an interim basis, to store the spent nuclear
fuel in Idaho over the next 40 years; and
(B) the United States has made commitments—
(i) to remove all spent nuclear fuel (except certain
quantities for testing) from Idaho by 2035; and
(ii) to facilitate the cleanup and stabilization of
radioactive waste at the Idaho National Engineering
Laboratory.
(3) The settlement agreement allows the Department of
Energy and the Department of the Navy to meet responsibilities
that are important to the national security interests of the
United States.
(4) Authorizations and appropriations of funds will be nec-
essary in order to provide for fulfillment of the terms and
obligations set forth in the settlement agreement.
(b) SENSE
OF CONGRESS.—(1) Congress recognizes the need
to implement the terms, conditions, rights, and obligations con-
tained in the settlement agreement referred to in subsection (a)(1)
and the consent order of the United States District Court for the
District of Idaho, dated October 17, 1995, that effectuates the settle-
ment agreement in accordance with those terms, conditions, rights,
and obligations.
(2) It is the sense of Congress that funds requested by the
President to carry out the settlement agreement and such consent
order should be appropriated for that purpose.
TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1996,
$17,000,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL DEFENSE
STOCKPILE
Subtitle A—Authorization of Disposals and
Use of Funds
SEC. 3301. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘National Defense Stockpile’’ means the stock-
pile provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
H. R. 1530—453
(2) The term ‘‘National Defense Stockpile Transaction
Fund’’ means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 1996,
the National Defense Stockpile Manager may obligate up to
$77,100,000 of the funds in the National Defense Stockpile Trans-
action Fund for the authorized uses of such funds under section
9(b)(2) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h(b)(2)).
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
after the end of the 45-day period beginning on the date Congress
receives the notification.
(c) LIMITATIONS.—The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations
Acts.
SEC. 3303. DISPOSAL OF CHROMITE AND MANGANESE ORES AND
CHROMIUM FERRO AND MANGANESE METAL ELECTRO-
LYTIC.
(a) DOMESTIC UPGRADING.—In offering to enter into agreements
pursuant to any provision of law for the disposal from the National
Defense Stockpile of chromite and manganese ores or chromium
ferro and manganese metal electrolytic, the President shall give
a right of first refusal on all such offers to domestic ferroalloy
upgraders.
(b) DOMESTIC FERROALLOY UPGRADER DEFINED.—For purposes
of this section, the term ‘‘domestic ferroalloy upgrader’’ means a
company or other business entity that, as determined by the Presi-
dent—
(1) is engaged in operations to upgrade chromite or man-
ganese 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.
SEC. 3304. RESTRICTIONS ON DISPOSAL OF MANGANESE FERRO.
(a) DISPOSAL OF LOWER GRADE MATERIAL FIRST.—The Presi-
dent may not dispose of high carbon manganese ferro in the
National Defense Stockpile that meets the National Defense Stock-
pile 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 classifica-
tion. The President may not reclassify manganese ferro in the
National Defense Stockpile after the date of the enactment of this
Act.
(b) REQUIREMENT FOR REMELTING BY DOMESTIC FERROALLOY
PRODUCERS.—Manganese ferro in the National Defense Stockpile
that does not meet the classification specified in subsection (a)
may be sold only for remelting by a domestic ferroalloy producer
H. R. 1530—454
unless the President determines that a domestic ferroalloy producer
is not available to acquire the material.
(c) DOMESTIC FERROALLOY PRODUCER DEFINED.—For purposes
of this section, the term ‘‘domestic ferroalloy producer’’ means a
company or other business entity that, as determined by the Presi-
dent—
(1) is engaged in operations to upgrade manganese ores
of metallurgical grade or manganese ferro; and
(2) conducts a significant level of its research, development,
engineering, and upgrading operations in the United States.
SEC. 3305. TITANIUM 
INITIATIVE 
TO 
SUPPORT 
BATTLE 
TANK
UPGRADE PROGRAM.
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 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 related costs incurred in
connection with the transfer.
Subtitle B—Programmatic Change
SEC. 3311. TRANSFER OF EXCESS DEFENSE-RELATED MATERIALS TO
STOCKPILE FOR DISPOSAL.
(a) TRANSFER AND DISPOSAL.—Section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c) is amended
by adding at the end the following new subsection:
‘‘(c)(1) The Secretary of Energy, in consultation with the Sec-
retary of Defense, shall transfer to the stockpile for disposal in
accordance with this Act uncontaminated materials that are in
the Department of Energy inventory of materials for the production
of defense-related items, are excess to the requirements of the
Department for that purpose, and are suitable for transfer to the
stockpile and disposal through the stockpile.
‘‘(2) The Secretary of Defense shall determine whether materials
are suitable for transfer to the stockpile under this subsection,
are 
suitable 
for 
disposal 
through 
the 
stockpile, 
and 
are
uncontaminated.’’.
(b) CONFORMING AMENDMENT.—Subsection (a) of such section
is amended by adding at the end the following:
‘‘(10) Materials transferred to the stockpile under sub-
section (c).’’.
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Subtitle A—Administration of 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
H. R. 1530—455
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum 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 PETROLEUM
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 comparable petroleum in the same area.
Subtitle B—Sale of Naval Petroleum
Reserve
SEC. 3411. DEFINITIONS.
For purposes of this subtitle:
(1) The terms ‘‘Naval Petroleum Reserve Numbered 1’’
and ‘‘reserve’’ mean Naval Petroleum Reserve Numbered 1,
commonly referred to as the Elk Hills Unit, located in Kern
County, California, and established by Executive order of the
President, dated September 2, 1912.
(2) The term ‘‘naval petroleum reserves’’ has the meaning
given that term in section 7420(2) of title 10, United States
Code, except that the term does not include Naval Petroleum
Reserve Numbered 1.
(3) The term ‘‘unit plan contract’’ means the unit plan
contract between equity owners of the lands within the bound-
aries of Naval Petroleum Reserve Numbered 1 entered into
on June 19, 1944.
(4) The term ‘‘effective date’’ means the date of the enact-
ment of this Act.
(5) The term ‘‘Secretary’’ means the Secretary of Energy.
(6) The term ‘‘appropriate congressional committees means
the Committee on Armed Services of the Senate and the
Committee on National Security and the Committee on Com-
merce of the House of Representatives.
SEC. 3412. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) SALE OF RESERVE REQUIRED.—Subject to section 3414, not
later than one year after the effective date, the Secretary of Energy
shall enter into one or more contracts for the sale of all right,
title, and interest of the United States in and to all lands owned
or controlled by the United States inside Naval Petroleum Reserve
Numbered 1. Chapter 641 of title 10, United States Code, shall
not apply to the sale of the reserve.
(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 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 Sec-
retary may accept the recommendation of the independent petro-
H. R. 1530—456
leum engineer for final equity in each known oil and gas zone
and establish final equity interest in Naval Petroleum Reserve
Numbered 1 in accordance with the recommendation, or the Sec-
retary may use such other method to establish final equity interest
in the reserve as the Secretary considers appropriate.
(3) If, on the effective date, there is an ongoing equity redeter-
mination dispute between the equity owners under section 9(b)
of the unit plan contract, the dispute shall be resolved in the
manner provided in the unit plan contract within five months
after the effective date. The resolution shall be considered final
for all purposes under this section.
(c) NOTICE OF SALE.—Not later than two months after the
effective date, the Secretary shall publish a notice of intent to
sell Naval Petroleum Reserve Numbered 1. The Secretary shall
make all technical, geological, and financial information relevant
to the sale of the reserve available to all interested and qualified
buyers upon request. The Secretary, in consultation with the
Administrator of General Services, shall ensure that the sale process
is fair and open to all interested and qualified parties.
(d) ESTABLISHMENT OF MINIMUM SALE PRICE.—(1) Not later
than two months after the effective date, the Secretary shall retain
the services of five independent experts in the valuation of oil
and gas fields to conduct separate assessments, in a manner consist-
ent with commercial practices, of the value of the interest of the
United States in Naval Petroleum Reserve Numbered 1. The
independent experts shall complete their assessments within six
months after the effective date. In making their assessments, the
independent experts shall consider (among other factors)—
(A) all equipment and facilities to be included in the sale;
(B) the estimated quantity of petroleum and natural gas
in the reserve; and
(C) the net present value of the anticipated revenue stream
that the Secretary and the Director of the Office of Management
and Budget jointly determine the Treasury would receive from
the reserve if the reserve were not sold, adjusted for any
anticipated increases in tax revenues that would result if the
reserve were sold.
(2) The independent experts retained under paragraph (1) shall
also determine and submit to the Secretary the estimated total
amount of the cost of any environmental restoration and remedi-
ation necessary at the reserve. The Secretary shall report the esti-
mate to the Director of the Office of Management and Budget,
the Secretary of the Treasury, and Congress.
(3) The Secretary, in consultation with the Director of the
Office of Management and Budget, shall set the minimum accept-
able price for the reserve. The Secretary may not set the minimum
acceptable price below the higher of—
(A) the average of the five assessments prepared under
paragraph (1); and
(B) the average of three assessments after excluding the
high and low assessments.
(e) ADMINISTRATION OF SALE; DRAFT CONTRACT.—(1) Not later
than two months after the effective date, the Secretary shall retain
the services of an investment banker to independently administer,
in a manner consistent with commercial practices and in a manner
that maximizes sale proceeds to the Government, the sale of Naval
Petroleum Reserve Numbered 1 under this section. Costs and fees