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United States · Bill · S

S. 1126 (104th)

Department of Energy National Security Act for Fiscal Year 1996

openUnited States· United States Congress· EN

Introduced

7 August 1995

Last action

Status

Held at the desk.

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Discovery layer

Source updated

14 January 2025

Summary

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: Transfer of Jurisdiction Over Department of Energy National Security Functions Subtitle E: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: Naval Petroleum Reserves 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. 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) 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 Senate and House Armed Services and Appropriations Committees (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 specified three-year programs of research and development with respect to certain tritium production activities, including activities at the Los Alamos National Laboratory, New Mexico, and the Idaho National Engineering Laboratory. (Sec. 3132) Earmarks specified funds authorized under this title for certain plutonium disposition activities, including an environmental 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 which has the capability to: (1) refabricate and certify the enduring nuclear weapons stockpile; and (2) manufacture new nuclear warheads. Outlines 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) Provides the effect of the issuance of environmental impact statements upon the use of appropriated funds for certain DOE facilities. (Sec. 3138) Directs the Secretary to: (1) prepare a comprehensive environmental impact statement for the dual-axis radiographic hydrotest facility project; and (2) issue a record of decision on the project pursuant to such statement. (Sec. 3139) Prohibits the use of FY 1996 DOE funds for specified research and education purposes. (Sec. 3140) 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. 3142) 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. 3143) Earmarks funds authorized under this title for activities relating to worker protection at DOE nuclear weapons facilities. Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions - Expresses the sense of the Senate: (1) recognizing the critical importance of the U.S. nuclear weapons stockpile; and (2) questioning DOE's ability to continue to manage the stockpile. Directs the Secretaries of Defense and Energy to jointly submit to the Congress, by February 1, 1996, a report setting forth the notional plans which examine the potential transfer to the Department of Defense or an independent establishment of responsibility for the national security programs of DOE. Provides the various DOE organizations to be included in any such transfer, as well as other matters to be included in the plans. Requires each Secretary to ensure that the current mission and functioning of DOE national security programs would not be adversely affected during any transfer of responsibility. 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 Secretary to take appropriate actions to maintain the enduring nuclear weapons stockpile in complete readiness for use. (Sec. 3164) 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. 3165) 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. 3166) Directs the President to report to the Congress a master plan on current and future warheads in the enduring nuclear weapons stockpile. (Sec. 3167) Prohibits the Secretary from allowing an international inspection of a nuclear weapons facility until: (1) the Secretary certifies to the Congress that no restricted data or classified information will be revealed during such inspection; and (2) 30 days have elapsed since such certification. 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 the offeror's conditions; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. 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 of operating the naval petroleum reserve units other than Elk Hills.

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