Energy Department Defense Activities FY96 Authorization bill

TABLE OF CONTENTS:

Title XXXI (sic): Department of Energy National Security

Programs

Subtitle A: National Security Programs Authorizations

Subtitle B: Recurring General Provisions

Subtitle C: Program Authorizations, Restrictions, and

Limitations

Subtitle D: Review of Department of Energy National Security

Programs

Subtitle E: Other Matters

Title XXXII: Defense Nuclear Facilities Safety Board

Title XXXIII: Naval Petroleum Reserves

Title XXXIV: National Defense Stockpile

Title XXXV: Panama Canal Commission

Department of Energy National Security Act for Fiscal Year 1996 - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1996 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) various other defense activities; (4) defense nuclear waste disposal; and (5) the payment of penalties to the Hazardous Substances Superfund assessed against the Rocky Flats, Colorado, nuclear site.

(Sec. 3106) Amends various sections and provisions of the Department of Energy Organization Act, the Energy Research and Development Administration Appropriation Authorization Act for Fiscal Year 1977, and the Energy Policy and Conservation Act to remove certain conflict-of-interest prohibitions and requirements with respect to DOE supervisory employees.

(Sec. 3107) Expresses the sense of the Congress that: (1) no individual acting within their scope of employment with a Federal department or agency shall be personally subject to civil or criminal sanctions for failure to comply with any environmental cleanup regulation or requirement; and (2) if appropriations are insufficient to fund any required environmental cleanup, the appropriate congressional committees should examine and address such personal liability issue.

(Sec. 3108) States that the hydronuclear provisions of this Act shall not be construed as: (1) an authorization to conduct hydronuclear tests; or (2) amending or repealing certain limitations on conducting tests of a nuclear explosive device.

Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary, for purposes of this Act) transmits to the appropriate congressional committees a full statement of the action proposed and 30 days have since expired.

(Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority (requiring congressional notification of any such transfer).

(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated costs exceed $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.

(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the congressional defense committees when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs.

Subtitle C: Program Authorizations, Restrictions, and Limitations - Earmarks specified funds authorized under this title for ensuring an adequate production of tritium by DOE. Directs the Secretary to locate the new DOE tritium production facility at the Savannah River Site, South Carolina. Earmarks authorized DOE funds for the Idaho National Engineering Laboratory for the test and development of nuclear reactor tritium targets.

(Sec. 3132) Earmarks specified funds authorized under this title for certain fissile materials disposition activities, further earmarking a specified amount of such funds for plutonium resource assessment.

(Sec. 3133) Authorizes specified tritium-related activities to be carried out at the Savannah River Site, South Carolina, and the Los Alamos National Laboratory.

(Sec. 3134) Directs the Secretary to carry out a program for establishing within the Government a manufacturing infrastructure possessing specified required capabilities. Provides funding.

(Sec. 3135) Earmarks funds authorized under this title for hydronuclear experiments at the Nevada Test Site.

(Sec. 3136) Directs the Secretary to conduct a fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex. Outlines provisions concerning eligible individuals and DOE facilities at which the fellowship program shall be carried out. Provides funding.

(Sec. 3137) Directs the Secretary to conduct an education program to ensure the long-term supply of personnel having skills critical to the ongoing mission of the DOE nuclear weapons complex. Provides funding.

(Sec. 3138) Prohibits the use of FY 1996 DOE funds for specified research and education purposes.

(Sec. 3139) Earmarks funds authorized under this title for: (1) electrometallurgical processing activities at the Idaho National Engineering Laboratory; (2) the processing of spent nuclear fuel rods at the Savannah River Site and the Idaho National Engineering Laboratory; and (3) the DOE Declassification Productivity Initiative.

(Sec. 3141) Authorizes the Secretary to reprogram funds available to DOE for FY 1996 for activities related to the disposition of spent nuclear fuel in the Democratic People's Republic of Korea. Limits to $5 million the total amount authorized to be reprogrammed.

(Sec. 3142) Earmarks funds authorized under this title for activities relating to worker protection at DOE nuclear weapons facilities.

Subtitle D: Review of Department of Energy National Security Programs - Directs the Secretary of Defense to submit to the congressional defense committees a report on the DOE national security programs.

Subtitle E: Other Matters - Requires the Office of Military Applications under the Assistant Secretary of Energy for Defense Programs to retain responsibility for DOE's Defense Programs Emergency Response Program.

(Sec. 3162) Provides the requirements for DOE weapons activities budgets for fiscal years after 1996.

(Sec. 3163) Directs the President to submit to the congressional defense committees a report on any presidential plans to purchase tritium from foreign suppliers for nuclear weapons stockpile purposes.

(Sec. 3164) Requires the Secretary to direct the joint preparation by the Lawrence Livermore and Los Alamos National Laboratories of a report on permitting alternative limits to limits on the explosive yield of hydronuclear tests. Provides funding.

(Sec. 3165) Directs the Secretary to submit annually to the Secretary of Defense a plan for maintaining the enduring nuclear weapons stockpile. Outlines plan elements.

(Sec. 3166) Amends the Atomic Energy Community Act of 1955 to: (1) extend through June 30, 1998, the date until which the Energy Research and Development Administration is authorized to transfer certain utilities to Los Alamos, New Mexico; (2) extend until such date the authorized transfer to Los Alamos of certain municipal installations; (3) extend through June 30, 1996, the authorized period for the payment of annual assistance payments to the Los Alamos School Board and the county of Los Alamos; (4) extend through June 30, 1997, the contract authorizing such payments; and (5) revise the effective dates of such contracts.

(Sec. 3167) Expresses the sense of the Senate that the Secretaries of Defense and Energy and the Governor of Idaho should continue good faith negotiations toward reaching an agreement on the issue of shipments of spent nuclear fuel from naval reactors. Requires a report.

Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1996 for the Defense Nuclear Facilities Safety Board.

Title XXXIII: Naval Petroleum Reserves - Directs the Secretary to sell all U.S. rights and interest to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within three months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit, after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees of the proposed sale. Provides that, if the Secretary receives only one offer for the sale of Elk Hills, then the Secretary may not enter into a sale contract unless: (1) the Secretary notifies the Congress that only one offer was received, together with its conditions; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Requires the Comptroller General to monitor the Secretary's actions with regard to the sale of the reserve and to submit an oversight report to the defense committees. Authorizes the Secretary to enter into contracts for the acquisition of necessary services in connection with such sale. Allows the Secretary to reconsider the sale process, after due notification to the defense committees. Requires passage of a new joint resolution after such reconsideration before a sale may occur. Authorizes appropriations for carrying out the sale of the Elk Hills unit.

(Sec. 3302) Directs the Secretary to study and report to the Congress on the most cost-effective option to maximize the value of the naval petroleum reserves to or for the United States. Requires the implementation of study recommendations.

Title XXXIV: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1996, to obligate a specified amount from the National Defense Stockpile Transaction Fund for authorized Fund uses. Authorizes the NDS Manager to obligate additional amounts if the Manager notifies the Congress that extraordinary or emergency conditions necessitate the additional obligations.

(Sec. 3402) Authorizes the President, subject to a specified condition, to dispose of certain obsolete and excess materials currently contained in the NDS.

(Sec. 3403) Directs the President, in entering into agreements for the disposal from the NDS of chromite and manganese ores of metallurgical grade or chromium ferro and manganese metal electrolytic, to give a right of first refusal to domestic ferroalloy upgraders.

(Sec. 3404) Prohibits the President from disposing of high carbon manganese ferro in the NDS that meets grade one specifications until completing the disposal of all manganese ferro in the NDS that does not meet such specification. Requires all manganese ferro not meeting such specification to be sold only for remelting by a domestic ferroalloy producer.

(Sec. 3405) Amends the Strategic and Critical Materials Stock Piling Act to direct the Secretary to transfer to the NDS for disposal uncontaminated materials in the DOE inventory of defense-related items that are excess and suitable for transfer.

Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1996 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1996, with specified limitations. Authorizes up to 38 passenger motor vehicles to be purchased for transporting Commission personnel across the Isthmus of Panama.