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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2210 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2210

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 1995 for defense activities 
          of the Department of Energy, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2210

_______________________________________________________________________

                                 AN ACT

 
To authorize appropriations for fiscal year 1995 for defense activities 
          of the Department of Energy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. General reduction in authorization of appropriations.
                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Funds transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement for completion of conceptual design to precede 
                            request for construction funds.
Sec. 3127. Authority for emergency planning, design, and construction 
                            activities.
Sec. 3128. Funds available for all national security programs of the 
                            Department of Energy.
Sec. 3129. Availability of funds.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Limitation on use of funds for special access programs.
Sec. 3136. Protection of nuclear weapons facilities workers.
Sec. 3137. National security programs.
Sec. 3138. Scholarship and Fellowship Program for Environmental 
                            Restoration and Waste Management.
Sec. 3139. Hazardous materials management and hazardous materials 
                            emergency response training program.
Sec. 3140. Programs for persons who may have been exposed to radiation 
                            released from Hanford Nuclear Reservation.
Sec. 3141. Solar energy activities at Nevada Test Site, Nevada,
                       Subtitle D--Other Matters

Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the 
                            Nevada Test Site, Nevada.
Sec. 3154. Nuclear Weapons Council Membership.
Sec. 3155. Office of Fissile Materials Disposition.
Sec. 3156. Extension of authority to loan personnel and facilities at 
                            Idaho National Engineering Laboratory.
Sec. 3157. Elimination of requirement for five-year plan for defense 
                            nuclear facilities.
Sec. 3158. Authority for appointment of certain scientific, 
                            engineering, and technical personnel.
Sec. 3159. Department of Energy Declassification Productivity 
                            Initiative.
Sec. 3160. Safety oversight and enforcement at defense nuclear 
                            facilities.
Sec. 3161. Conditions on contracts between the Federal Government and 
                            certain lessees and transferees of 
                            Department of Energy property.
   TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION

Sec. 3201. Authorization.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the Committees 
on Appropriations of the Senate and House of Representatives.

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

SEC. 3101. WEAPONS ACTIVITIES.

    (a) Research and Development.--Subject to subsection (f), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for research and development in carrying out weapons 
activities necessary for national security programs in the amount of 
$1,187,818,000, to be allocated as follows:
            (1) For core research and development, $795,551,000, to be 
        allocated as follows:
                    (A) For operating expenses, $649,341,000.
                    (B) For capital equipment, $69,420,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $76,790,000, to be 
                allocated as follows:
                            Project GPD-101, general plant projects, 
                        various locations, $8,500,000.
                            Project 95-D-102, Chemical and Metallurgy 
                        Research Building upgrades, Los Alamos National 
                        Laboratory, New Mexico, $3,300,000.
                            Project 94-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase V, various locations, 
                        $13,000,000.
                            Project 92-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase IV, various locations, 
                        $21,810,000.
                            Project 90-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase III, various locations, 
                        $7,700,000.
                            Project 88-D-106, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase II, various locations, 
                        $22,480,000.
            (2) For inertial fusion, $176,473,000, to be allocated as 
        follows:
                    (A) For operating expenses, $166,755,000.
                    (B) For capital equipment, $9,718,000.
            (3) For technology transfer, $215,794,000, to be allocated 
        as follows:
                    (A) For operating expenses, $209,794,000.
                    (B) For capital equipment, $6,000,000.
    (b) Testing.--Subject to subsection (f), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for testing in carrying out weapons activities necessary for 
national security programs in the amount of $384,719,000, to be 
allocated as follows:
            (1) For testing capabilities and readiness $374,719,000, to 
        be allocated as follows:
                    (A) For operating expenses, $338,249,000.
                    (B) For capital equipment, $15,470,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $21,000,000, to be 
                allocated as follows:
                            Project GPD-101, general plant projects, 
                        various locations, $4,000,000.
                            Project 93-D-102, Nevada support facility, 
                        North Las Vegas, Nevada, $17,000,000.
            (2) For operating expenses for solar energy development, 
        $10,000,000.
    (c) Stockpile Support.--Subject to subsection (f), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for stockpile support in carrying out weapons activities 
necessary for national security programs in the amount of 
$1,557,085,000, to be allocated as follows:
            (1) For operating expenses for stockpile support, 
        $1,487,085,000.
            (2) For capital equipment, $15,880,000.
            (3) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $54,120,000, to be allocated as follows:
                    Project GPD-121, general plant projects, various 
                locations, $1,000,000.
                    Project 95-D-122, sanitary sewer upgrade Oak Ridge 
                Y-12 Plant, Oak Ridge, Tennessee, $2,200,000.
                    Project 95-D-123, replace transportation 
                safeguards, aviation facility, Albuquerque, New Mexico, 
                $2,000,000.
                    Project 94-D-124, hydrogen fluoride supply system, 
                Oak Ridge Y-12 Plant, Oak Ridge, Tennessee, $6,300,000.
                    Project 94-D-125, upgrade life safety, Kansas City 
                Plant, Kansas City, Missouri, $1,000,000.
                    Project 94-D-127, emergency notification system, 
                Pantex Plant, Amarillo, Texas, $1,000,000.
                    Project 94-D-128, environmental safety and health 
                analytical laboratory, Pantex Plant, Amarillo, Texas, 
                $1,000,000.
                    Project 93-D-122, life safety upgrades, Y-12 Plant, 
                Oak Ridge, Tennessee, $5,000,000.
                    Project 88-D-122, facilities capability assurance 
                program, various locations, $19,620,000.
                    Project 88-D-123, security enhancements, Pantex 
                Plant, Amarillo, Texas, $15,000,000.
    (d) Program Direction.--Subject to subsection (f), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for program direction in carrying out weapons activities 
necessary for national security programs in the amount of $169,852,000, 
to be allocated as follows:
            (1) For operating expenses for weapons program direction, 
        $167,498,000.
            (2) For capital equipment, $2,354,000.
    (e) Reconfiguration.--Subject to subsection (f), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for nuclear weapons complex reconfiguration in carrying out 
weapons activities necessary for national security programs in the 
amount of $152,271,000, to be allocated as follows:
            (1) For operating expenses for reconfiguration, 
        $94,271,000.
            (2) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $58,000,000, all of which to be allocated as follows:
                    Project 93-D-123, complex-21, various locations.
    (f) Adjustments.--Subject to section 3105, 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 
(e) reduced by the sum of--
            (1) $131,077,000, for use of prior year balances; and
            (2) $11,000,000, for savings resulting from procurement 
        reform.

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) Corrective Activities.--Subject to subsection (h), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for corrective activities in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $1,012,000, all of which to 
be allocated to a plant project (including maintenance, restoration, 
planning, construction, acquisition, modification of facilities, and 
the continuation of projects authorized in prior years, and land 
acquisition related thereto) as follows:
            Project 92-D-403, tank upgrades project, Lawrence Livermore 
        National Laboratory, California.
    (b) Environmental Restoration.--(1) Subject to paragraph (2), funds 
are hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for environmental restoration for operating 
expenses in carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount of 
$1,531,969,000.
    (2) Subject to subsection (h), the amount authorized to be 
appropriated pursuant to this subsection is the amount authorized to be 
appropriated in paragraph (1) reduced by $133,900,000, as a result of 
the productivity savings initiative.
    (c) Waste Management.--(1) Subject to paragraph (2), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for waste management in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $2,913,045,000, to be allocated as 
follows:
            (A) For operating expenses, $2,408,029,000.
            (B) For capital equipment, $104,790,000.
            (C) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $400,226,000, to be allocated as follows:
                    Project GPD-171, general plant projects, various 
                locations, $23,742,000.
                    Project 95-D-401, radiological support facilities, 
                Richland, Washington, $1,585,000.
                    Project 95-D-402, install permanent electrical 
                service, Waste Isolation Pilot Plant, New Mexico, 
                $700,000.
                    Project 95-D-403, hazardous waste storage facility, 
                Mound Plant, Miamisburg, Ohio, $597,000.
                    Project 95-D-405, industrial landfill V and 
                construction demolition landfill VII, Oak Ridge Y-12 
                Plant, Oak Ridge, Tennessee, $1,000,000.
                    Project 95-D-406, road 5-01 reconstruction, area 5, 
                Nevada Test Site, Nevada, $2,338,000.
                    Project 95-D-407, 219-S secondary containment 
                upgrade, Richland, Washington, $2,000,000.
                    Project 95-D-408, Phase II liquid effluent 
                treatment and disposal, Richland, Washington, 
                $7,100,000.
                    Project 94-D-400, high explosive wastewater 
                treatment system, Los Alamos National Laboratory, Los 
                Alamos, New Mexico, $1,000,000.
                    Project 94-D-402, liquid waste treatment system, 
                Nevada Test Site, Nevada, $3,292,000.
                    Project 94-D-404, Melton Valley storage tank 
                capacity increase, Oak Ridge National Laboratory, Oak 
                Ridge, Tennessee, $21,373,000.
                    Project 94-D-406, low-level waste disposal 
                facilities, K-25, Oak Ridge, Tennessee, $6,000,000.
                    Project 94-D-407, initial tank retrieval systems, 
                Richland, Washington, $17,700,000.
                    Project 94-D-408, office facilities--200 East, 
                Richland, Washington, $4,000,000.
                    Project 94-D-411, solid waste operation complex, 
                Richland, Washington, $42,200,000.
                    Project 94-D-416, solvent storage tanks 
                installation, Savannah River, South Carolina, 
                $1,700,000.
                    Project 94-D-417, intermediate-level and low-
                activity waste vaults, Savannah River, South Carolina, 
                $300,000.
                    Project 93-D-174, plant drain waste water treatment 
                upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000.
                    Project 93-D-178, building 374 liquid waste 
                treatment facility, Rocky Flats, Golden, Colorado, 
                $3,300,000.
                    Project 93-D-181, radioactive liquid waste line 
                replacement, Richland, Washington, $3,300,000.
                    Project 93-D-182, replacement of cross-site 
                transfer system, Richland, Washington, $18,910,000.
                    Project 93-D-183, multi-tank waste storage 
                facility, Richland, Washington, $95,305,000.
                    Project 93-D-187, high-level waste removal from 
                filled waste tanks, Savannah River, Aiken, South 
                Carolina, $26,525,000.
                    Project 92-D-177, tank 101-AZ waste retrieval 
                system, Richland, Washington, $5,000,000.
                    Project 92-D-188, waste management ES&H, and 
                compliance activities, various locations, $2,846,000.
                    Project 91-D-171, waste receiving and processing 
                facility, module 1, Richland, Washington, $3,995,000.
                    Project 90-D-172, aging waste transfer line, 
                Richland, Washington, $3,819,000.
                    Project 90-D-177, RWMC transuranic (TRU) waste 
                characterization and storage facility, Idaho National 
                Engineering Laboratory, Idaho, $11,747,000.
                    Project 90-D-178, TSA retrieval containment 
                building, Idaho National Engineering Laboratory, Idaho, 
                $7,594,000.
                    Project 89-D-173, tank farm ventilation upgrade, 
                Richland, Washington, $800,000.
                    Project 89-D-174, replacement high-level waste 
                evaporator, Savannah River, South Carolina, 
                $18,000,000.
                    Project 89-D-175, hazardous waste/mixed waste 
                disposal facility, Savannah River, South Carolina, 
                $500,000.
                    Project 86-D-103, decontamination and waste 
                treatment facility, Lawrence Livermore National 
                Laboratory, California, $9,500,000.
                    Project 83-D-148, nonradioactive hazardous waste 
                management, Savannah River, South Carolina, $6,000,000.
                    Project 81-T-105, defense waste processing 
                facility, Savannah River, South Carolina, $45,058,000.
    (2) Subject to subsection (h), the total amount authorized to be 
appropriated pursuant to this subsection is the sum of the amounts 
authorized to be appropriated in paragraph (1) reduced by $160,800,000, 
as a result of the productivity savings initiative.
    (d) Technology Development.--Subject to subsection (h), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for technology development in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $426,409,000, to be 
allocated as follows:
            (1) For operating expenses, $400,974,000.
            (2) For capital equipment, $25,435,000.
    (e) Transportation Management.--Subject to subsection (h), funds 
are hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for transportation management in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $20,684,000, to be 
allocated as follows:
            (1) For operating expenses, $20,240,000.
            (2) For capital equipment, $444,000.
    (f) Program Direction.--Subject to subsection (h), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for program direction in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $84,948,000, to be allocated as 
follows:
            (1) For operating expenses, $83,748,000.
            (2) For capital equipment, $1,200,000.
    (g) Facility Transition and Management.--(1) Subject to paragraph 
(2), funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1995 for facility transition and management 
in carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount of 
$791,857,000, to be allocated as follows:
            (A) For operating expenses, $681,550,000.
            (B) For capital equipment, $23,947,000.
            (C) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $86,360,000, to be allocated as follows:
                    Project GPD-171, general plant projects, various 
                locations, $20,495,000.
                    Project 95-D-453, primary highway route north of 
                the Wye Barricade, Richland, Washington, $2,500,000.
                    Project 95-D-454, 324 facility compliance/
                renovation, Richland, Washington, $1,500,000.
                    Project 95-D-455, Idaho National Engineering 
                Laboratory radio communications upgrade, Idaho National 
                Engineering Laboratory, Idaho, $1,440,000.
                    Project 95-D-456, security facilities upgrade, 
                Idaho Chemical Processing Plant, Idaho National 
                Engineering Laboratory, Idaho, $986,000.
                    Project 94-D-122, underground storage tanks, Rocky 
                Flats, Colorado, $2,500,000.
                    Project 94-D-401, emergency response facility, 
                Idaho National Engineering Laboratory, Idaho, 
                $5,219,000.
                    Project 94-D-412, 300 area process sewer piping 
                upgrade, Richland, Washington, $7,800,000.
                    Project 94-D-415, medical facilities, Idaho 
                National Engineering Laboratory, Idaho, $4,920,000.
                    Project 94-D-451, infrastructure replacement, Rocky 
                Flats Plant, Golden, Colorado, $10,600,000.
                    Project 93-D-172, electrical upgrade, Idaho 
                National Engineering Laboratory, Idaho, $7,800,000.
                    Project 93-D-184, 325 facility compliance/
                renovation, Richland, Washington, $1,000,000.
                    Project 93-D-186, 200 area unsecured core area 
                fabrication shop, Richland, Washington, $4,000,000.
                    Project 92-D-125, master safeguards and security 
                agreement/materials surveillance task force security 
                upgrades, Rocky Flats Plant, Golden, Colorado, 
                $2,100,000.
                    Project 92-D-181, INEL fire and life safety 
                improvements, Idaho National Engineering Laboratory, 
                Idaho, $6,000,000.
                    Project 92-D-182, INEL sewer system upgrade, Idaho 
                National Engineering Laboratory, Idaho, $1,900,000.
                    Project 92-D-186, steam system rehabilitation, 
                Phase II, Richland, Washington, $5,600,000.
    (2) Subject to subsection (h), the total amount authorized to be 
appropriated pursuant to this subsection is the sum of the amounts 
authorized to be appropriated in paragraph (1) reduced by $5,000,000, 
as a result of the productivity savings initiative.
    (h) Prior Year Balances.--Subject to section 3105, the total amount 
authorized to be appropriated pursuant to this section is the sum of 
the amounts authorized to be appropriated in subsections (a), (b)(2), 
(c)(2), (d), (e), (f), and (g)(2) reduced by the sum of--
            (1) $240,300,000 for use of prior year balances; and
            (2) $17,500,000 for savings resulting from procurement 
        reform.

SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS.

    (a) Materials Support.--Subject to subsection (d), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for materials support in carrying out nuclear materials 
support necessary for national security programs in the amount of 
$887,225,000, to be allocated as follows:
            (1) For reactor operations, $163,634,000.
            (2) For processing of nuclear materials, $369,468,000.
            (3) For support services, $167,776,000.
            (4) For capital equipment, $39,427,000.
            (5) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $88,950,000, to be allocated as follows:
                    Project GPD-146, general plant projects, various 
                locations, $21,000,000.
                    Project 95-D-154, health physics site support 
                facility, Savannah River, South Carolina, $2,000,000.
                    Project 95-D-155, upgrade site road infrastructure, 
                Savannah River, South Carolina, $750,000.
                    Project 95-D-156, radio trunking system, Savannah 
                River, South Carolina, $2,100,000.
                    Project 95-D-157, D-area powerhouse life extension, 
                Savannah River, South Carolina, $4,000,000.
                    Project 95-D-158, disassembly basin upgrades K, L, 
                and P, Savannah River, South Carolina, $13,000,000.
                    Project 93-D-147, domestic water system upgrade, 
                Phases I and II, Savannah River, South Carolina, 
                $11,300,000.
                    Project 93-D-148, replace high-level drain lines, 
                Savannah River, South Carolina, $2,700,000.
                    Project 93-D-152, environmental modification for 
                production facilities, Savannah River, South Carolina, 
                $2,900,000.
                    Project 92-D-143, health protection instrument 
                calibration facility, Savannah River, South Carolina, 
                $3,000,000.
                    Project 90-D-149, plantwide fire protection, Phases 
                I and II, Savannah River, South Carolina, $21,000,000.
                    Project 92-D-150, operations support facilities, 
                Savannah River, South Carolina, $2,000,000.
                    Project 92-D-153, engineering support facility, 
                Savannah River, South Carolina, $3,200,000.
            (6) For program direction, $58,000,000.
    (b) Other Defense Programs.--Subject to subsection (d), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for other defense programs in carrying out defense 
programs necessary for national security programs in the amount of 
$692,204,000, to be allocated as follows:
            (1) For verification and control technology, $358,102,000, 
        to be allocated as follows:
                    (A) For operating expenses, $342,229,000.
                    (B) For capital equipment, $15,873,000.
            (2) For nuclear safeguards and security, $85,816,000, to be 
        allocated as follows:
                    (A) For operating expenses, $82,421,000.
                    (B) For capital equipment, $3,395,000.
            (3) For security investigations, $38,827,000.
            (4) For security evaluations, $14,780,000.
            (5) For the Office of Nuclear Safety, $24,679,000, to be 
        allocated as follows:
                    (A) For operating expenses, $24,629,000.
                    (B) For capital equipment, $50,000.
            (6) For worker and community transition, $120,000,000.
            (7) For fissile material control and disposition, 
        $50,000,000.
    (c) Naval Reactors.--Subject to subsection (d), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for naval reactors in carrying out nuclear materials support 
and other defense programs necessary for national security programs in 
the amount of $730,651,000, to be allocated as follows:
            (1) For naval reactors development, $698,651,000, to be 
        allocated as follows:
                    (A) For operating expenses:
                            (i) For plant development, $146,700,000.
                            (ii) For reactor development, $348,951,000.
                            (iii) For reactor operation and evaluation, 
                        $136,000,000.
                            (iv) For program direction, $18,800,000.
                    (B) For capital equipment, $28,200,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $20,000,000, to be 
                allocated as follows:
                            Project GPN-101, general plant projects, 
                        various locations, $6,200,000.
                            Project 95-D-200, laboratory systems and 
                        hot cell upgrades, various locations, 
                        $2,400,000.
                            Project 95-D-201, advanced test reactor 
                        radioactive waste system upgrades, Idaho 
                        National Engineering Laboratory, Idaho, 
                        $700,000.
                            Project 93-D-200, engineering services 
                        facilities, Knolls Atomic Power Laboratory, 
                        Niskayuna, New York, $7,900,000.
                            Project 92-D-200, laboratories facilities 
                        upgrades, various locations, $2,800,000.
            (2) For enrichment materials, for operating expenses, 
        $32,000,000.
    (d) Adjustments.--Subject to section 3105, the total amount that 
may be appropriated pursuant to this section is the sum of the amounts 
authorized to be appropriated in subsections (a), (b), and (c) reduced 
by the sum of--
            (1) $40,000,000, for recovery of overpayment to the 
        Savannah River Pension Fund;
            (2) $6,500,000, for savings resulting from procurement 
        reform; and
            (3) $369,700,000, for transfer and use of prior year 
        balances for materials support and other defense programs.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1995 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 $129,430,000.

SEC. 3105. GENERAL REDUCTION IN AUTHORIZATION OF APPROPRIATIONS.

    The total amount authorized to be appropriated pursuant to sections 
3101, 3102, 3103, and 3104 is the sum of the amounts authorized to be 
appropriated in such sections reduced by $220,000,000 for use of prior 
year balances from fiscal year 1994.

                Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

    (a) Notice to Congress.--(1) Except as otherwise provided in this 
title--
            (A) no amount appropriated pursuant to this title may be 
        used for any program in excess of the lesser of--
                    (i) 105 percent of the amount authorized for that 
                program by this title; or
                    (ii) $10,000,000 more than the amount authorized 
                for that program by this title; and
            (B) no amount appropriated pursuant to this title may be 
        used for any program which has not been presented to, or 
        requested of, the Congress.
    (2) An action described in paragraph (1) may not be taken until--
            (A) the Secretary of Energy has submitted to the 
        congressional defense committees a report containing a full and 
        complete statement of the action proposed to be taken and the 
        facts and circumstances relied upon in support of the proposed 
        action; and
            (B) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (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 calendar days 
to a day certain.
    (b) Limitation on Amount Obligated.--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.

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 
immediately 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 paragraph (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 section 3101, 3102, or 3103, 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 justification data submitted 
        to the 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 action 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 committees.
    (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 calendar 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. FUNDS TRANSFER AUTHORITY.

    The Secretary of Energy may transfer funds appropriated pursuant to 
this title to other agencies of the Federal Government for the 
performance of the work for which the funds were appropriated, and 
funds so transferred may be merged with the appropriations of the 
agency to which the funds are transferred.

SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

    (a) In General.--(1) Within the amounts authorized by this title, 
the Secretary of Energy may carry out advance planning and construction 
design (including architectural and engineering services) in connection 
with any proposed construction project if the total estimated cost for 
such planning and design does not exceed $3,000,000.
    (2) In the case of any project in which the total estimated cost 
for advance planning and design exceeds $600,000, the Secretary shall 
notify the congressional defense committees in writing of the details 
of such project at least 30 days before any funds are obligated for 
design services for such project.
    (b) Specific Authority Required.--In any case in which the total 
estimated cost for advance planning and construction design in 
connection with any construction project exceeds $3,000,000, funds for 
such planning and design must be specifically authorized by law.

SEC. 3126. REQUIREMENT FOR COMPLETION OF CONCEPTUAL DESIGN TO PRECEDE 
              REQUEST FOR CONSTRUCTION FUNDS.

    (a) Requirement.--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 design for that project.
    (b) Exceptions.--The requirement in subsection (a) does not apply 
to requests for funds--
            (1) for the costs of preparing a conceptual design for a 
        construction project referred to in that subsection; or
            (2) for emergency planning, design, and construction 
        activities under section 3127.

SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION 
              ACTIVITIES.

    (a) Authority.--The Secretary of Energy may use any funds available 
to the Department of Energy under sections 3101, 3102, and 3103, 
including those funds authorized to be appropriated for advance 
planning and construction design, to perform planning, design, and 
construction activities for any Department of Energy national security 
program 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 protect property.
    (b) Limitation.--The Secretary may not exercise the authority under 
subsection (a) in the case of any construction 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 section 3125(b) does 
not apply to emergency planning, design, and construction activities 
conducted under this section.
    (d) Report.--The Secretary of Energy shall promptly report to the 
congressional defense committees any exercise of authority under this 
section.

SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE 
              DEPARTMENT OF ENERGY.

    Subject to the provisions of appropriation Acts and section 3121, 
amounts appropriated pursuant to this title that are made available 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. 3129. AVAILABILITY OF FUNDS.

    When so specified in an appropriation Act, amounts appropriated for 
operating expenses, plant projects, and capital equipment may remain 
available until expended.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING PROGRAM.

    (a) Conduct of Program.--(1) As part of the stockpile stewardship 
program established pursuant to section 3138 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1946; 42 U.S.C. 2121 note), the Secretary of Energy shall conduct a 
stockpile stewardship recruitment and training program at the Sandia 
National Laboratories, the Lawrence Livermore National Laboratory, and 
the Los Alamos National Laboratory.
    (2) The recruitment and training program shall be conducted in 
coordination with the Chairman of the Joint Nuclear Weapons Council 
established by section 179 of title 10, United States Code, and the 
directors of the laboratories referred to in paragraph (1).
    (b) Support of Dual-Use Programs.--(1) As part of the recruitment 
and training program, the directors of the laboratories referred to in 
subsection (a)(1) may employ undergraduate students, graduate students, 
and postdoctoral fellows to carry out research sponsored by such 
laboratories for military or nonmilitary dual-use programs related to 
nuclear weapons stockpile stewardship.
    (2) Of the amounts authorized to be appropriated to the Secretary 
of Energy pursuant to section 3101(a)(1) for weapons activities for 
core research and development and allocated by the Secretary for 
education initiatives, $4,000,000 shall be available for carrying out 
paragraph (1). The amount available under this paragraph shall be 
allocated equally among the laboratories referred to in subsection 
(a)(1).
    (c) Establishment of Retiree Corps.--As part of the training and 
recruitment program, the Secretary, in coordination with the directors 
of the laboratories referred to in subsection (a)(1), shall establish 
for the laboratories a retiree corps of retired scientists who have 
expertise in research and development of nuclear weapons. The directors 
may employ the retired scientists on a part-time basis to provide 
appropriate assistance on nuclear weapons issues, to contribute 
relevant information to be archived, and to help to provide training to 
other scientists.
    (d) Report.--(1) Not later than February 1, 1995, the Secretary of 
Energy shall submit to the congressional defense committees a report on 
the demographic trends of the personnel of the laboratories referred to 
in subsection (a)(1) and on actions taken by the Department of Energy 
to remedy identified deficiencies in various skill areas.
    (2) The report shall be prepared in coordination with the Chairman 
of the Joint Nuclear Weapons Council and the directors of the 
laboratories. Information included in the report shall be aggregated 
and compiled into statistical categories.
    (3) The report shall include the following:
            (A) An inventory of the weapons-related tasks that the 
        laboratories need to perform to support their nuclear weapons 
        responsibilities.
            (B) An inventory of the skills necessary to complete the 
        weapons-related tasks referred to in subparagraph (A).
            (C) For each laboratory, the number of scientists needed in 
        each skill area to perform such tasks.
            (D) The number of the scientists providing services in each 
        skill area at each laboratory, stated by age.
            (E) An assessment of which skill areas are understaffed.
            (F) The number of scientists entering the weapons program 
        at each laboratory, and their skill areas.
            (G) The number of full-time equivalent personnel with 
        weapon skills, their distribution by skill and, for each such 
        skill, their distribution by age.
            (H) The number of scientists retiring from the weapons 
        program in the 5- year period ending on the date of the report 
        and the skill areas in which they worked in the year preceding 
        their retirement.
            (I) Based on the information contained in subparagraphs (A) 
        through (H), a projection of the skills areas that will become 
        understaffed in the five years following the date of the 
        report.
            (J) Alternative actions that may be taken to retain and 
        recruit scientists for the weapons programs at the laboratories 
        in order to preserve a sufficient skill base and to fulfill 
        stockpile stewardship responsibilities.
            (K) Any plans of the Secretary to take any of the 
        alternative actions referred to in subparagraph (J).

SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.

    Of the funds authorized to be appropriated by this title to the 
Department of Energy for fiscal year 1995, $176,473,000 shall be 
available for the defense inertial confinement fusion program.

SEC. 3133. 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 activities 
pursuant to section 3102, stipulated civil penalties assessed under the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) in amounts as follows:
            (1) $50,000, assessed against the Fernald Environmental 
        Management Project, Ohio, under such Act.
            (2) $50,000, assessed against the Portsmouth Gaseous 
        Diffusion Plant, Ohio, under such Act.

SEC. 3134. WATER MANAGEMENT PROGRAMS.

    From funds authorized to be appropriated pursuant to section 3102 
to the Department of Energy for environmental restoration and waste 
management activities, the Secretary of Energy may reimburse the cities 
of Westminster, Broomfield, Thornton, and Northglenn, in the State of 
Colorado, $11,415,000 for the cost of implementing water management 
programs. Reimbursements for the water management programs shall not be 
considered a major Federal action for purposes of section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).

SEC. 3135. LIMITATION ON USE OF FUNDS FOR SPECIAL ACCESS PROGRAMS.

    Not more than 20 percent of the funds appropriated or otherwise 
made available to the Department of Energy for fiscal year 1995 
pursuant to this title that are available for limited access programs 
and special access program may be obligated for a limited access 
program or special access program until the Secretary of Energy submits 
to the congressional defense committees the annual reports required to 
be submitted in that fiscal year under subsections (a) and (b) of 
section 93 of the Atomic Energy Act of 1954 (42 U.S.C. 2122a).

SEC. 3136. PROTECTION OF NUCLEAR WEAPONS FACILITIES WORKERS.

    Of the funds authorized to be appropriated by section 310(2) for 
environmental restoration and waste management activities, $11,000,000 
shall be available to carry out activities authorized under section 
3131 of the National Defense Authorization Act for Fiscal Years 1992 
and 1993 (Public Law 102-190; 105 Stat. 1571; 42 U.S.C. 7274d), 
relating to worker protection at nuclear weapons facilities.

SEC. 3137. NATIONAL SECURITY PROGRAMS.

    Notwithstanding any other provision of law, not more than 90 
percent of the funds appropriated to the Department of Energy for 
national security programs under this title may be obligated for such 
programs until the Secretary of Energy submits to the congressional 
defense committees the five-year budget plan with respect to fiscal 
year 1995 required under section 3144 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1681; 42 U.S.C. 7271b).

SEC. 3138. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR ENVIRONMENTAL 
              RESTORATION AND WASTE MANAGEMENT.

    Of the funds authorized to be appropriated to the Department of 
Energy for fiscal year 1995 for environmental restoration and waste 
management, $1,000,000 shall be available for the Scholarship and 
Fellowship Program for Environmental Restoration and Waste Management 
carried out under section 3123 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1572; 
42 U.S.C. 7274e).

SEC. 3139. HAZARDOUS MATERIALS MANAGEMENT AND HAZARDOUS MATERIALS 
              EMERGENCY RESPONSE TRAINING PROGRAM.

    Of the funds authorized to be appropriated to the Department of 
Energy for fiscal year 1995 under section 3102(d), not more than 
$14,000,000 shall be available to carry out a hazardous materials 
management and hazardous materials emergency response training program 
at Hanford Nuclear Reservation, Richland, Washington.

SEC. 3140. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED TO RADIATION 
              RELEASED FROM HANFORD NUCLEAR RESERVATION.

    (a) Funding.--Of the funds authorized to be appropriated to the 
Department of Energy under section 3101 for fiscal year 1995, 
$3,295,591 shall be available for activities relating to the Hanford 
Health Information Network established pursuant to the authority set 
forth in section 3138 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1834).
    (b) Limitation on Release of Certain Personal Information.--(1) 
Information referred to in paragraph (2) that is collected from an 
individual pursuant to operation of the Hanford Health Information 
Network shall be used only by the Network unless the individual, or a 
designated legal representative of the individual, authorizes in 
writing the use of the information for another purpose.
    (2) Paragraph (1) applies to the following information:
            (A) The name, address, telephone number, and medical 
        information and records of each individual requesting 
        assistance and information from the Network.
            (B) Such other information or categories of information as 
        the chief officers of the health departments of the States of 
        Washington, Oregon, and Idaho jointly designate as information 
        covered by this subsection.

SEC. 3141. SOLAR ENERGY ACTIVITIES AT NEVADA TEST SITE, NEVADA.

    Of the funds authorized to be appropriated to the Department of 
Energy under section 3101, $10,000,000 shall be available for 
development of solar energy at the Nevada Test Site, Nevada.

                       Subtitle D--Other Matters

SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY FUNDS.

    (a) In General.--The Secretary of Energy shall prescribe procedures 
to account for the use of funds for the performance of the programs and 
activities of the Department of Energy for which funds are appropriated 
for national security programs of the Department of Energy. The 
procedures shall provide for such accounting for fiscal years beginning 
after fiscal year 1996.
    (b) Covered Matters.--The Secretary shall prescribe procedures 
under subsection (a)--
            (1) to account for the funds appropriated to the Department 
        for national security programs and activities of the Department 
        that are not used for the purpose for which such funds were 
        appropriated; and
            (2) to provide an accounting for all encumbered funds, 
        unencumbered funds, unobligated funds, costed funds, and 
        uncosted obligations of the Department in that fiscal year.

SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.

    (a) Approval by Joint Nuclear Weapons Council.--Subsection (d) of 
section 179 of title 10, United States Code, is amended--
            (1) by redesignating paragraphs (8) and (9) as paragraphs 
        (9) and (10), respectively; and
            (2) by inserting after paragraph (7) the following new 
        paragraph (8):
            ``(8) Coordinating and approving activities initiated or 
        conducted by the Department of Energy for the study, 
        development, and production of nuclear warheads, including 
        concept definition studies, feasibility studies, engineering 
        development, hardware component fabrication, warhead 
        production, and warhead retirement.''.
    (b) Technical Amendments.--Subsections (a)(3) and (b) of such 
section are amended by striking out ``appointed'' each place it appears 
and inserting in lieu thereof ``designated''.

SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN ACTIVITIES AT THE 
              NEVADA TEST SITE, NEVADA.

    Not later than April 1, 1995, the Secretary of Energy shall submit 
to Congress a report on the feasibility of conducting the following 
activities at the Nevada Test Site, Nevada:
            (1) The demilitarization of large rocket motors, high 
        energetic explosives and conventional ordnance.
            (2) Disarmament and demilitarization of conventional 
        weapons and components, generally.
            (3) The conduct of experiments that assist in monitoring 
        compliance with international agreements on the 
        nonproliferation of nuclear weapons.
            (4) The conduct of programs for the Department of Energy 
        and the Department of Defense to develop simulator technologies 
        for nuclear weapons design and effects, including advanced 
        hydrodynamic simulators, fusion test facilities, and nuclear 
        weapons effects simulators (such as the Decade and Jupiter 
        simulators).
            (5) The conduct of the stockpile stewardship program 
        established pursuant to section 3138 of the National Defense 
        Authorization Act for Fiscal Year 1994 (42 U.S.C. 2121 note).
            (6) Experiments related to the nonproliferation of nuclear 
        weapons, including experiments with respect to disablement of 
        such weapons, nuclear forensics, sensors, and verification and 
        monitoring.

SEC. 3154. NUCLEAR WEAPONS COUNCIL MEMBERSHIP.

    Section 179(a)(1) title 10, United States Code, is amended to read 
as follows: ``(3) Two senior representatives of the Department of 
Energy appointed by the Secretary of Energy.''.

SEC. 3155. OFFICE OF FISSILE MATERIALS DISPOSITION.

    (a) Establishment.--Title II of the Department of Energy 
Organization Act (42 U.S.C. 7131 et seq.) is amended by adding at the 
end the following:

               ``office of fissile materials disposition

    ``Sec. 212. (a) There shall be within the Department an Office of 
Fissile Materials Disposition.
    ``(b) The Secretary shall designate the head of the Office. The 
head of the Office shall report to the Under Secretary.
    ``(c) The head of the Office shall be responsible for all 
activities of the Department relating to the management, storage, and 
disposition of fissile materials from weapons and weapons systems that 
are excess to the national security needs of the United States.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of such Act is amended by inserting after the item relating to 
section 210 the following new items:

``Sec. 211. Office of Minority Economic Impact.
``Sec. 212. Office of Fissile Materials Disposition.''.

SEC. 3156. EXTENSION OF AUTHORITY TO LOAN PERSONNEL AND FACILITIES AT 
              IDAHO NATIONAL ENGINEERING LABORATORY.

    Section 1434 of the National Defense Authorization Act, Fiscal Year 
1989 (Public Law 100-456; 102 Stat. 2074), as amended by section 3136 
of the National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 106 Stat. 2641), is further amended--
            (1) in the third sentence of subsection (a)(3), by striking 
        out ``fiscal years 1993 and 1994'' and inserting in lieu 
        thereof ``fiscal years 1993, 1994, 1995, 1996, and 1997''; and
            (2) in subsection (c), by striking out ``September 30, 
        1994, with respect to the Idaho National Engineering 
        Laboratory'' and inserting in lieu thereof ``September 30, 
        1997, with respect to the Idaho National Engineering 
        Laboratory''.

SEC. 3157. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR PLAN FOR DEFENSE 
              NUCLEAR FACILITIES.

    Subsection (a) section 3135 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1575; 
42 U.S.C. 7274g(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``(A) defense nuclear 
                facilities and (B) all other facilities owned or 
                operated by the Department of Energy'' in the first 
                sentence and inserting in lieu thereof ``all facilities 
                owned or operated by the Department of Energy except 
                defense nuclear facilities''; and
                    (B) by inserting ``such'' in the third sentence 
                after ``restoration at all'';
            (2) in paragraph (4), by striking out ``The plan shall 
        contain the following matter:'' and inserting in lieu thereof 
        ``The plan shall include, with respect to the Department of 
        Energy facilities required by paragraph (1) to be covered by 
        the plan, the following matters:'';
            (3) by striking out paragraph (6); and
            (4) by redesignating paragraph (7) as paragraph (6).

SEC. 3158. AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, 
              ENGINEERING, AND TECHNICAL PERSONNEL.

    (a) Authority.--(1) Notwithstanding any provision of title 5, 
United States Code, governing appointments in the competitive service 
and General Schedule classification and pay rates, or any other 
provision of law, the Secretary of Energy may--
            (A) establish and set the rates of pay for not more than 
        200 positions in the Department of Energy for scientific, 
        engineering, and technical personnel whose duties will relate 
        to safety at defense nuclear facilities of the Department; and
            (B) appoint persons to such positions.
    (2) The rate of pay for a position established under paragraph (1) 
may not exceed the rate of pay payable for Level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    (3) To the maximum extent practicable, the Secretary shall appoint 
persons under paragraph (1)(B) to the positions established under 
paragraph (1)(A) in accordance with the merit system principles set 
forth in section 2301 of such title.
    (b) OPM Review.--(1) The Secretary shall enter into an agreement 
with the Director of the Office of Personnel Management under which 
agreement the Director shall periodically evaluate the use of the 
authority set forth in subsection (a)(1).
    (2) If the Director determines as a result of such evaluation that 
the Secretary of Energy is not appointing persons to positions under 
such authority in a manner consistent with the merit system principles 
set forth in section 2301 of title 5, United States Code, the Director 
shall notify the Secretary of that determination.
    (3) Upon receipt of a notification under paragraph (2), the 
Secretary shall--
            (A) take appropriate actions to appoint persons to 
        positions under such authority in a manner consistent with such 
        principles; or
            (B) cease appointment of persons under such authority.
    (c) Termination.--(1) The authority provided under subsection 
(a)(1) shall terminate on September 30, 1997.
    (2) An employee may not be separated from employment with the 
Department of Energy or receive a reduction in pay by reason of the 
termination of authority under paragraph (1).

SEC. 3159. DEPARTMENT OF ENERGY DECLASSIFICATION PRODUCTIVITY 
              INITIATIVE.

    Of the funds autorized to be appropriated to the Department of 
Energy under section 3103, $3,000,000 shall be available for the 
Department of Energy's Declassification Productivity Initiative.

SEC. 3160. SAFETY OVERSIGHT AND ENFORCEMENT AT DEFENSE NUCLEAR 
              FACILITIES.

    (a) Findings.--Congress finds the following:
            (1) Effective oversight of matters relating to nuclear 
        safety at defense nuclear facilities and enforcement of nuclear 
        safety standards at such facilities are critical to ensuring 
        the safety of the public and the workers at such facilities.
            (2) The Department of Energy has not devoted adequate 
        attention historically to matters relating to nuclear safety at 
        defense nuclear facilities.
    (b) Safety at Defense Nuclear Facilities.--The Secretary of Energy 
shall take appropriate actions to ensure that--
            (1) officials of the Department of Energy who are 
        responsible for independent oversight of matters relating to 
        nuclear safety at defense nuclear facilities and enforcement of 
        nuclear safety standards at such facilities maintain 
        independence from officials who are engaged in management of 
        such facilities;
            (2) the independent, internal oversight functions carried 
        out by the Department include, at the minimum, activities 
        relating to--
                    (A) the assessment of the safety of defense nuclear 
                facilities;
                    (B) the assessment of the effectiveness of 
                Department program offices in carrying out programs 
                relating to the environment, safety, health, and 
                security at defense nuclear facilities;
                    (C) the provision to the Secretary of oversight 
                reports that--
                            (i) contain validated technical 
                        information; and
                            (ii) provide a clear analysis of the extent 
                        to which line programs governing defense 
                        nuclear facilities meet applicable goals for 
                        the environment, safety, health, and security 
                        at such facilities; and
                    (D) the development of clear performance standards 
                to be used in assessing the adequacy of the programs 
                referred to in subparagraph (C)(ii);
            (3) the Department has a system for bringing issues 
        relating to nuclear safety at defense nuclear facilities to the 
        attention of the officials of the Department (including the 
        Secretary of Energy) having authority to resolve such issues in 
        an adequate and timely manner; and
            (4) an adequate number of qualified personnel of the 
        Department are assigned to oversee matters relating to nuclear 
        safety at defense nuclear facilities and enforce nuclear safety 
        standards at such facilities.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Energy shall submit to the congressional 
defense committees a report describing--
            (1) the actions that the Secretary has taken or will take 
        to fulfill the requirements set forth in paragraphs (1), (2), 
        and (3) of subsection (b);
            (2) the actions in addition to the actions described under 
        paragraph (1) that the Secretary could take in order to fulfill 
        such requirements; and
            (3) the respective roles with regard to nuclear safety at 
        defense nuclear facilities of the following officials:
                    (A) The Associate Deputy Secretary of Energy for 
                Field Management.
                    (B) The Assistant Secretary of Energy for Defense 
                Programs.
                    (C) The Assistant Secretary of Energy for 
                Environmental Restoration and Waste Management.

SEC. 3161. CONDITIONS ON CONTRACTS BETWEEN THE FEDERAL GOVERNMENT AND 
              CERTAIN LESSEES AND TRANSFEREES OF DEPARTMENT OF ENERGY 
              PROPERTY.

    (a) Conditions.--Notwithstanding any other provision of law, the 
head of a department or agency of the United States may require as a 
condition of a contract with an entity described in subsection (b) that 
such entity certifies to the head of the department or agency the 
following:
            (1) That no officer, director, employee, or agent of the 
        entity has utilized in the preparation of the bid or 
        solicitation for the contract--
                    (A) any records or systems of records of the 
                Federal Government that are covered by section 552a of 
                title 5, United States Code;
                    (B) any information or data of the Federal 
                Government that has not been released or otherwise made 
                generally available for preparation of bids or 
                proposals on the contract; or
                    (C) any commercial information or data of another 
                entity that has not been released or otherwise made 
                generally available for that purpose.
            (2) That the entity has returned, destroyed, or otherwise 
        disposed of all documents received from the Federal Government 
        by reason of any earlier contract between the Federal 
        Government and the entity for the operation of the facility 
        which is leased, or with respect to which property is 
        transferred, to the entity pursuant to a provision of law 
        referred to in subsection (b).
    (b) Covered Entities.--Subsection (a) applies to any entity, or the 
affiliate, successor to, or assign of the entity, to which the 
Secretary of Energy leases a Department of Energy facility under 
section 646(c) of the Department of Energy Organization Act (42 U.S.C. 
7256(d)) or to which the Secretary transfers personal property of such 
a facility under section 3155(a) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1953; 42 U.S.C. 
7274l(c)).

   TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 1995, 
$17,933,000 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.).

            Passed the Senate July 1 (legislative day, June 7), 1994.

            Attest:

                                                             Secretary.

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S 2210 ES----21
S 2210 ES----22
S 2210 ES----23
S 2210 ES----24
S 2210 ES----25
```