103D CONGRESS

2D SESSION S. 2210

AN ACT

To authorize appropriations for fiscal year 1995 for

and for other purposes.defense activities of the Department of Energy,
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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 1995’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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.
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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.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means the Committees on Armed Serv4 ices and the Committees on Appropriations of the Senate

5 and House of Representatives.

6 TITLE XXXI—DEPARTMENT OF

7 ENERGY NATIONAL SECURITY

8 PROGRAMS

9 Subtitle A—National Security

10 Programs Authorizations

11 SEC. 3101. WEAPONS ACTIVITIES.

12 (a) RESEARCH AND DEVELOPMENT.—Subject to sub13 section (f), funds are hereby authorized to be appropriated

14 to the Department of Energy for fiscal year 1995 for re15 search and development in carrying out weapons activities

16 necessary for national security programs in the amount

17 of $1,187,818,000, to be allocated as follows:
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1 (1) For core research and development,

2 $795,551,000, to be allocated as follows:

3 (A) For operating expenses, $649,341,000.

4 (B) For capital equipment, $69,420,000.

5 (C) For plant projects (including mainte6 nance, restoration, planning, construction, ac7 quisition, modification of facilities, and the con8 tinuation of projects authorized in prior years,

9 and land acquisition related thereto),

10 $76,790,000, to be allocated as follows:

11 Project GPD–101, general plant

12 projects, various locations, $8,500,000.

13 Project 95–D–102, Chemical and

14 Metallurgy Research Building upgrades,

15 Los Alamos National Laboratory, New

16 Mexico, $3,300,000.

17 Project 94–D–102, nuclear weapons

18 research, development, and testing facili19 ties revitalization, Phase V, various loca20 tions, $13,000,000.

21 Project 92–D–102, nuclear weapons

22 research, development, and testing facili23 ties revitalization, Phase IV, various loca24 tions, $21,810,000.
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1 Project 90–D–102, nuclear weapons

2 research, development, and testing facili3 ties revitalization, Phase III, various loca4 tions, $7,700,000.

5 Project 88–D–106, nuclear weapons

6 research, development, and testing facili7 ties revitalization, Phase II, various loca8 tions, $22,480,000.

9 (2) For inertial fusion, $176,473,000, to be al10 located as follows:

11 (A) For operating expenses, $166,755,000.

12 (B) For capital equipment, $9,718,000.

13 (3) For technology transfer, $215,794,000, to

14 be allocated as follows:

15 (A) For operating expenses, $209,794,000.

16 (B) For capital equipment, $6,000,000.

17 (b) TESTING.—Subject to subsection (f), funds are

18 hereby authorized to be appropriated to the Department

19 of Energy for fiscal year 1995 for testing in carrying out

20 weapons activities necessary for national security pro21 grams in the amount of $384,719,000, to be allocated as

22 follows:

23 (1) For testing capabilities and readiness

24 $374,719,000, to be allocated as follows:

25 (A) For operating expenses, $338,249,000.
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1 (B) For capital equipment, $15,470,000.

2 (C) For plant projects (including mainte3 nance, restoration, planning, construction, ac4 quisition, modification of facilities, and the con5 tinuation of projects authorized in prior years,

6 and land acquisition related thereto),

7 $21,000,000, to be allocated as follows:

8 Project GPD–101, general plant

9 projects, various locations, $4,000,000.

10 Project 93–D–102, Nevada support

11 facility, North Las Vegas, Nevada,

12 $17,000,000.

13 (2) For operating expenses for solar energy de14 velopment, $10,000,000.

15 (c) STOCKPILE SUPPORT.—Subject to subsection (f),

16 funds are hereby authorized to be appropriated to the De17 partment of Energy for fiscal year 1995 for stockpile sup18 port in carrying out weapons activities necessary for na19 tional security programs in the amount of

20 $1,557,085,000, to be allocated as follows:

21 (1) For operating expenses for stockpile sup22 port, $1,487,085,000.

23 (2) For capital equipment, $15,880,000.

24 (3) For plant projects (including maintenance,

25 restoration, planning, construction, acquisition,
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1 modification of facilities, and the continuation of

2 projects authorized in prior years, and land acquisi3 tion related thereto), $54,120,000, to be allocated as

4 follows:

5 Project GPD–121, general plant projects,

6 various locations, $1,000,000.

7 Project 95–D–122, sanitary sewer upgrade

8 Oak Ridge Y-12 Plant, Oak Ridge, Tennessee,

9 $2,200,000.

10 Project 95–D–123, replace transportation

11 safeguards, aviation facility, Albuquerque, New

12 Mexico, $2,000,000.

13 Project 94–D–124, hydrogen fluoride sup14 ply system, Oak Ridge Y–12 Plant, Oak Ridge,

15 Tennessee, $6,300,000.

16 Project 94–D–125, upgrade life safety,

17 Kansas City Plant, Kansas City, Missouri,

18 $1,000,000.

19 Project 94–D–127, emergency notification

20 system, Pantex Plant, Amarillo, Texas,

21 $1,000,000.

22 Project 94–D–128, environmental safety

23 and health analytical laboratory, Pantex Plant,

24 Amarillo, Texas, $1,000,000.
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1 Project 93–D–122, life safety upgrades,

2 Y–12 Plant, Oak Ridge, Tennessee,

3 $5,000,000.

4 Project 88–D–122, facilities capability as5 surance program, various locations,

6 $19,620,000.

7 Project 88–D–123, security enhancements,

8 Pantex Plant, Amarillo, Texas, $15,000,000.

9 (d) PROGRAM DIRECTION.—Subject to subsection (f),

10 funds are hereby authorized to be appropriated to the De11 partment of Energy for fiscal year 1995 for program di12 rection in carrying out weapons activities necessary for na13 tional security programs in the amount of $169,852,000,

14 to be allocated as follows:

15 (1) For operating expenses for weapons pro16 gram direction, $167,498,000.

17 (2) For capital equipment, $2,354,000.

18 (e) RECONFIGURATION.—Subject to subsection (f),

19 funds are hereby authorized to be appropriated to the De20 partment of Energy for fiscal year 1995 for nuclear weap21 ons complex reconfiguration in carrying out weapons ac22 tivities necessary for national security programs in the

23 amount of $152,271,000, to be allocated as follows:

24 (1) For operating expenses for reconfiguration,

25 $94,271,000.
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1 (2) For plant projects (including maintenance,

2 restoration, planning, construction, acquisition,

3 modification of facilities, and the continuation of

4 projects authorized in prior years, and land acquisi5 tion related thereto), $58,000,000, all of which to be

6 allocated as follows:

7 Project 93–D–123, complex-21, various lo8 cations.

9 (f) ADJUSTMENTS.—Subject to section 3105, the

10 total amount authorized to be appropriated pursuant to

11 this section is the sum of the amounts authorized to be

12 appropriated in subsections (a) through (e) reduced by the

13 sum of—

14 (1) $131,077,000, for use of prior year bal15 ances; and

16 (2) $11,000,000, for savings resulting from

17 procurement reform.

18 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

19 MANAGEMENT.

20 (a) CORRECTIVE ACTIVITIES.—Subject to subsection

21 (h), funds are hereby authorized to be appropriated to the

22 Department of Energy for fiscal year 1995 for corrective

23 activities in carrying out environmental restoration and

24 waste management activities necessary for national secu25 rity programs in the amount of $1,012,000, all of which
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1 to be allocated to a plant project (including maintenance,

2 restoration, planning, construction, acquisition, modifica3 tion of facilities, and the continuation of projects author4 ized in prior years, and land acquisition related thereto)

5 as follows:

6 Project 92–D–403, tank upgrades project, Law7 rence Livermore National Laboratory, California.

8 (b) ENVIRONMENTAL RESTORATION.—(1) Subject to

9 paragraph (2), funds are hereby authorized to be appro10 priated to the Department of Energy for fiscal year 1995

11 for environmental restoration for operating expenses in

12 carrying out environmental restoration and waste manage13 ment activities necessary for national security programs

14 in the amount of $1,531,969,000.

15 (2) Subject to subsection (h), the amount authorized

16 to be appropriated pursuant to this subsection is the

17 amount authorized to be appropriated in paragraph (1)

18 reduced by $133,900,000, as a result of the productivity

19 savings initiative.

20 (c) WASTE MANAGEMENT.—(1) Subject to paragraph

21 (2), funds are hereby authorized to be appropriated to the

22 Department of Energy for fiscal year 1995 for waste man23 agement in carrying out environmental restoration and

24 waste management activities necessary for national secu-
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1 rity programs in the amount of $2,913,045,000, to be allo2 cated as follows:

3 (A) For operating expenses, $2,408,029,000.

4 (B) For capital equipment, $104,790,000.

5 (C) For plant projects (including maintenance,

6 restoration, planning, construction, acquisition,

7 modification of facilities, and the continuation of

8 projects authorized in prior years, and land acquisi9 tion related thereto), $400,226,000, to be allocated

10 as follows:

11 Project GPD–171, general plant projects,

12 various locations, $23,742,000.

13 Project 95–D–401, radiological support fa14 cilities, Richland, Washington, $1,585,000.

15 Project 95–D–402, install permanent elec16 trical service, Waste Isolation Pilot Plant, New

17 Mexico, $700,000.

18 Project 95–D–403, hazardous waste stor19 age facility, Mound Plant, Miamisburg, Ohio,

20 $597,000.

21 Project 95–D–405, industrial landfill V

22 and construction demolition landfill VII, Oak

23 Ridge Y–12 Plant, Oak Ridge, Tennessee,

24 $1,000,000.
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1 Project 95–D–406, road 5–01 reconstruc2 tion, area 5, Nevada Test Site, Nevada,

3 $2,338,000.

4 Project 95–D–407, 219-S secondary con5 tainment upgrade, Richland, Washington,

6 $2,000,000.

7 Project 95–D–408, Phase II liquid effluent

8 treatment and disposal, Richland, Washington,

9 $7,100,000.

10 Project 94–D–400, high explosive

11 wastewater treatment system, Los Alamos Na12 tional Laboratory, Los Alamos, New Mexico,

13 $1,000,000.

14 Project 94–D–402, liquid waste treatment

15 system, Nevada Test Site, Nevada, $3,292,000.

16 Project 94–D–404, Melton Valley storage

17 tank capacity increase, Oak Ridge National

18 Laboratory, Oak Ridge, Tennessee,

19 $21,373,000.

20 Project 94–D–406, low-level waste disposal

21 facilities, K–25, Oak Ridge, Tennessee,

22 $6,000,000.

23 Project 94–D–407, initial tank retrieval

24 systems, Richland, Washington, $17,700,000.
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1 Project 94–D–408, office facilities—200

2 East, Richland, Washington, $4,000,000.

3 Project 94–D–411, solid waste operation

4 complex, Richland, Washington, $42,200,000.

5 Project 94–D–416, solvent storage tanks

6 installation, Savannah River, South Carolina,

7 $1,700,000.

8 Project 94–D–417, intermediate-level and

9 low-activity waste vaults, Savannah River,

10 South Carolina, $300,000.

11 Project 93–D–174, plant drain waste

12 water treatment upgrades, Y–12 Plant, Oak

13 Ridge, Tennessee, $1,400,000.

14 Project 93–D–178, building 374 liquid

15 waste treatment facility, Rocky Flats, Golden,

16 Colorado, $3,300,000.

17 Project 93–D–181, radioactive liquid waste

18 line replacement, Richland, Washington,

19 $3,300,000.

20 Project 93–D–182, replacement of cross21 site transfer system, Richland, Washington,

22 $18,910,000.

23 Project 93–D–183, multi-tank waste stor24 age facility, Richland, Washington,

25 $95,305,000.
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1 Project 93–D–187, high-level waste re2 moval from filled waste tanks, Savannah River,

3 Aiken, South Carolina, $26,525,000.

4 Project 92–D–177, tank 101–AZ waste re5 trieval system, Richland, Washington,

6 $5,000,000.

7 Project 92–D–188, waste management

8 ES&H, and compliance activities, various loca9 tions, $2,846,000.

10 Project 91–D–171, waste receiving and

11 processing facility, module 1, Richland, Wash12 ington, $3,995,000.

13 Project 90–D–172, aging waste transfer

14 line, Richland, Washington, $3,819,000.

15 Project 90–D–177, RWMC transuranic

16 (TRU) waste characterization and storage facil17 ity, Idaho National Engineering Laboratory,

18 Idaho, $11,747,000.

19 Project 90–D–178, TSA retrieval contain20 ment building, Idaho National Engineering

21 Laboratory, Idaho, $7,594,000.

22 Project 89–D–173, tank farm ventilation

23 upgrade, Richland, Washington, $800,000.
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1 Project 89–D–174, replacement high-level

2 waste evaporator, Savannah River, South Caro3 lina, $18,000,000.

4 Project 89–D–175, hazardous waste/mixed

5 waste disposal facility, Savannah River, South

6 Carolina, $500,000.

7 Project 86–D–103, decontamination and

8 waste treatment facility, Lawrence Livermore

9 National Laboratory, California, $9,500,000.

10 Project 83–D–148, nonradioactive hazard11 ous waste management, Savannah River, South

12 Carolina, $6,000,000.

13 Project 81–T–105, defense waste process14 ing facility, Savannah River, South Carolina,

15 $45,058,000.

16 (2) Subject to subsection (h), the total amount au17 thorized to be appropriated pursuant to this subsection is

18 the sum of the amounts authorized to be appropriated in

19 paragraph (1) reduced by $160,800,000, as a result of the

20 productivity savings initiative.

21 (d) TECHNOLOGY DEVELOPMENT.—Subject to sub22 section (h), funds are hereby authorized to be appro23 priated to the Department of Energy for fiscal year 1995

24 for technology development in carrying out environmental

25 restoration and waste management activities necessary for
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1 national security programs in the amount of

2 $426,409,000, to be allocated as follows:

3 (1) For operating expenses, $400,974,000.

4 (2) For capital equipment, $25,435,000.

5 (e) TRANSPORTATION MANAGEMENT.—Subject to

6 subsection (h), funds are hereby authorized to be appro7 priated to the Department of Energy for fiscal year 1995

8 for transportation management in carrying out environ9 mental restoration and waste management activities nec10 essary for national security programs in the amount of

11 $20,684,000, to be allocated as follows:

12 (1) For operating expenses, $20,240,000.

13 (2) For capital equipment, $444,000.

14 (f) PROGRAM DIRECTION.—Subject to subsection (h),

15 funds are hereby authorized to be appropriated to the De16 partment of Energy for fiscal year 1995 for program di17 rection in carrying out environmental restoration and

18 waste management activities necessary for national secu19 rity programs in the amount of $84,948,000, to be allo20 cated as follows:

21 (1) For operating expenses, $83,748,000.

22 (2) For capital equipment, $1,200,000.

23 (g) FACILITY TRANSITION AND MANAGEMENT.—(1)

24 Subject to paragraph (2), funds are hereby authorized to

25 be appropriated to the Department of Energy for fiscal
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1 year 1995 for facility transition and management in carry2 ing out environmental restoration and waste management

3 activities necessary for national security programs in the

4 amount of $791,857,000, to be allocated as follows:

5 (A) For operating expenses, $681,550,000.

6 (B) For capital equipment, $23,947,000.

7 (C) For plant projects (including maintenance,

8 restoration, planning, construction, acquisition,

9 modification of facilities, and the continuation of

10 projects authorized in prior years, and land acquisi11 tion related thereto), $86,360,000, to be allocated as

12 follows:

13 Project GPD–171, general plant projects,

14 various locations, $20,495,000.

15 Project 95–D–453, primary highway route

16 north of the Wye Barricade, Richland, Wash17 ington, $2,500,000.

18 Project 95–D–454, 324 facility compliance/

19 renovation, Richland, Washington, $1,500,000.

20 Project 95–D–455, Idaho National Engi21 neering Laboratory radio communications up22 grade, Idaho National Engineering Laboratory,

23 Idaho, $1,440,000.

24 Project 95–D–456, security facilities up25 grade, Idaho Chemical Processing Plant, Idaho
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1 National Engineering Laboratory, Idaho,

2 $986,000.

3 Project 94–D–122, underground storage

4 tanks, Rocky Flats, Colorado, $2,500,000.

5 Project 94–D–401, emergency response fa6 cility, Idaho National Engineering Laboratory,

7 Idaho, $5,219,000.

8 Project 94–D–412, 300 area process sewer

9 piping upgrade, Richland, Washington,

10 $7,800,000.

11 Project 94–D–415, medical facilities, Idaho

12 National Engineering Laboratory, Idaho,

13 $4,920,000.

14 Project 94–D–451, infrastructure replace15 ment, Rocky Flats Plant, Golden, Colorado,

16 $10,600,000.

17 Project 93–D–172, electrical upgrade,

18 Idaho National Engineering Laboratory, Idaho,

19 $7,800,000.

20 Project 93–D–184, 325 facility compliance/

21 renovation, Richland, Washington, $1,000,000.

22 Project 93–D–186, 200 area unsecured

23 core area fabrication shop, Richland, Washing24 ton, $4,000,000.
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1 Project 92–D–125, master safeguards and

2 security agreement/materials surveillance task

3 force security upgrades, Rocky Flats Plant,

4 Golden, Colorado, $2,100,000.

5 Project 92–D–181, INEL fire and life

6 safety improvements, Idaho National Engineer7 ing Laboratory, Idaho, $6,000,000.

8 Project 92–D–182, INEL sewer system

9 upgrade, Idaho National Engineering Labora10 tory, Idaho, $1,900,000.

11 Project 92–D–186, steam system rehabili12 tation, Phase II, Richland, Washington,

13 $5,600,000.

14 (2) Subject to subsection (h), the total amount au15 thorized to be appropriated pursuant to this subsection is

16 the sum of the amounts authorized to be appropriated in

17 paragraph (1) reduced by $5,000,000, as a result of the

18 productivity savings initiative.

19 (h) PRIOR YEAR BALANCES.—Subject to section

20 3105, the total amount authorized to be appropriated pur21 suant to this section is the sum of the amounts authorized

22 to be appropriated in subsections (a), (b)(2), (c)(2), (d),

23 (e), (f), and (g)(2) reduced by the sum of—

24 (1) $240,300,000 for use of prior year bal25 ances; and
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1 (2) $17,500,000 for savings resulting from pro2 curement reform.

3 SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE4 FENSE PROGRAMS.

5 (a) MATERIALS SUPPORT.—Subject to subsection

6 (d), funds are hereby authorized to be appropriated to the

7 Department of Energy for fiscal year 1995 for materials

8 support in carrying out nuclear materials support nec9 essary for national security programs in the amount of

10 $887,225,000, to be allocated as follows:

11 (1) For reactor operations, $163,634,000.

12 (2) For processing of nuclear materials,

13 $369,468,000.

14 (3) For support services, $167,776,000.

15 (4) For capital equipment, $39,427,000.

16 (5) For plant projects (including maintenance,

17 restoration, planning, construction, acquisition,

18 modification of facilities, and the continuation of

19 projects authorized in prior years, and land acquisi20 tion related thereto), $88,950,000, to be allocated as

21 follows:

22 Project GPD–146, general plant projects,

23 various locations, $21,000,000.
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1 Project 95–D–154, health physics site sup2 port facility, Savannah River, South Carolina,

3 $2,000,000.

4 Project 95–D–155, upgrade site road in5 frastructure, Savannah River, South Carolina,

6 $750,000.

7 Project 95–D–156, radio trunking system,

8 Savannah River, South Carolina, $2,100,000.

9 Project 95–D–157, D–area powerhouse life

10 extension, Savannah River, South Carolina,

11 $4,000,000.

12 Project 95–D–158, disassembly basin up13 grades K, L, and P, Savannah River, South

14 Carolina, $13,000,000.

15 Project 93–D–147, domestic water system

16 upgrade, Phases I and II, Savannah River,

17 South Carolina, $11,300,000.

18 Project 93–D–148, replace high-level drain

19 lines, Savannah River, South Carolina,

20 $2,700,000.

21 Project 93–D–152, environmental modi22 fication for production facilities, Savannah

23 River, South Carolina, $2,900,000.
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1 Project 92–D–143, health protection in2 strument calibration facility, Savannah River,

3 South Carolina, $3,000,000.

4 Project 90–D–149, plantwide fire protec5 tion, Phases I and II, Savannah River, South

6 Carolina, $21,000,000.

7 Project 92–D–150, operations support fa8 cilities, Savannah River, South Carolina,

9 $2,000,000.

10 Project 92–D–153, engineering support fa11 cility, Savannah River, South Carolina,

12 $3,200,000.

13 (6) For program direction, $58,000,000.

14 (b) OTHER DEFENSE PROGRAMS.—Subject to sub15 section (d), funds are hereby authorized to be appro16 priated to the Department of Energy for fiscal year 1995

17 for other defense programs in carrying out defense pro18 grams necessary for national security programs in the

19 amount of $692,204,000, to be allocated as follows:

20 (1) For verification and control technology,

21 $358,102,000, to be allocated as follows:

22 (A) For operating expenses, $342,229,000.

23 (B) For capital equipment, $15,873,000.

24 (2) For nuclear safeguards and security,

25 $85,816,000, to be allocated as follows:
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1 (A) For operating expenses, $82,421,000.

2 (B) For capital equipment, $3,395,000.

3 (3) For security investigations, $38,827,000.

4 (4) For security evaluations, $14,780,000.

5 (5) For the Office of Nuclear Safety,

6 $24,679,000, to be allocated as follows:

7 (A) For operating expenses, $24,629,000.

8 (B) For capital equipment, $50,000.

9 (6) For worker and community transition,

10 $120,000,000.

11 (7) For fissile material control and disposition,

12 $50,000,000.

13 (c) NAVAL REACTORS.—Subject to subsection (d),

14 funds are hereby authorized to be appropriated to the De15 partment of Energy for fiscal year 1995 for naval reactors

16 in carrying out nuclear materials support and other de17 fense programs necessary for national security programs

18 in the amount of $730,651,000, to be allocated as follows:

19 (1) For naval reactors development,

20 $698,651,000, to be allocated as follows:

21 (A) For operating expenses:

22 (i) For plant development,

23 $146,700,000.

24 (ii) For reactor development,

25 $348,951,000.
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1 (iii) For reactor operation and evalua2 tion, $136,000,000.

3 (iv) For program direction,

4 $18,800,000.

5 (B) For capital equipment, $28,200,000.

6 (C) For plant projects (including mainte7 nance, restoration, planning, construction, ac8 quisition, modification of facilities, and the con9 tinuation of projects authorized in prior years,

10 and land acquisition related thereto),

11 $20,000,000, to be allocated as follows:

12 Project GPN–101, general plant

13 projects, various locations, $6,200,000.

14 Project 95–D–200, laboratory systems

15 and hot cell upgrades, various locations,

16 $2,400,000.

17 Project 95–D–201, advanced test re18 actor radioactive waste system upgrades,

19 Idaho National Engineering Laboratory,

20 Idaho, $700,000.

21 Project 93–D–200, engineering serv22 ices facilities, Knolls Atomic Power Lab23 oratory, Niskayuna, New York,

24 $7,900,000.
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1 Project 92–D–200, laboratories facili2 ties upgrades, various locations,

3 $2,800,000.

4 (2) For enrichment materials, for operating ex5 penses, $32,000,000.

6 (d) ADJUSTMENTS.—Subject to section 3105, the

7 total amount that may be appropriated pursuant to this

8 section is the sum of the amounts authorized to be appro9 priated in subsections (a), (b), and (c) reduced by the sum

10 of—

11 (1) $40,000,000, for recovery of overpayment to

12 the Savannah River Pension Fund;

13 (2) $6,500,000, for savings resulting from pro14 curement reform; and

15 (3) $369,700,000, for transfer and use of prior

16 year balances for materials support and other de17 fense programs.

18 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

19 Funds are hereby authorized to be appropriated to

20 the Department of Energy for fiscal year 1995 for pay21 ment to the Nuclear Waste Fund established in section

22 302(c) of the Nuclear Waste Policy Act of 1982 (42

23 U.S.C. 10222(c)) in the amount of $129,430,000.
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1 SEC. 3105. GENERAL REDUCTION IN AUTHORIZATION OF

2 APPROPRIATIONS.

3 The total amount authorized to be appropriated pur4 suant to sections 3101, 3102, 3103, and 3104 is the sum

5 of the amounts authorized to be appropriated in such sec6 tions reduced by $220,000,000 for use of prior year bal7 ances from fiscal year 1994.

8 Subtitle B—Recurring General

9 Provisions

10 SEC. 3121. REPROGRAMMING.

11 (a) NOTICE TO CONGRESS.—(1) Except as otherwise

12 provided in this title—

13 (A) no amount appropriated pursuant to this

14 title may be used for any program in excess of the

15 lesser of—

16 (i) 105 percent of the amount authorized

17 for that program by this title; or

18 (ii) $10,000,000 more than the amount

19 authorized for that program by this title; and

20 (B) no amount appropriated pursuant to this

21 title may be used for any program which has not

22 been presented to, or requested of, the Congress.

23 (2) An action described in paragraph (1) may not be

24 taken until—

25 (A) the Secretary of Energy has submitted to

26 the congressional defense committees a report con-
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1 taining a full and complete statement of the action

2 proposed to be taken and the facts and cir3 cumstances relied upon in support of the proposed

4 action; and

5 (B) a period of 30 days has elapsed after the

6 date on which the report is received by the commit7 tees.

8 (3) In the computation of the 30-day period under

9 paragraph (2), there shall be excluded any day on which

10 either House of Congress is not in session because of an

11 adjournment of more than 3 calendar days to a day cer12 tain.

13 (b) LIMITATION ON AMOUNT OBLIGATED.—In no

14 event may the total amount of funds obligated pursuant

15 to this title exceed the total amount authorized to be ap16 propriated by this title.

17 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

18 (a) IN GENERAL.—The Secretary of Energy may

19 carry out any construction project under the general plant

20 projects authorized by this title if the total estimated cost

21 of the construction project does not exceed $2,000,000.

22 (b) REPORT TO CONGRESS.—If, at any time during

23 the construction of any general plant project authorized

24 by this title, the estimated cost of the project is revised

25 because of unforeseen cost variations and the revised cost
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1 of the project exceeds $2,000,000, the Secretary shall im2 mediately furnish a complete report to the congressional

3 defense committees explaining the reasons for the cost

4 variation.

5 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

6 (a) IN GENERAL.—(1) Except as provided in para7 graph (2), construction on a construction project may not

8 be started or additional obligations incurred in connection

9 with the project above the total estimated cost, whenever

10 the current estimated cost of the construction project,

11 which is authorized by section 3101, 3102, or 3103, or

12 which is in support of national security programs of the

13 Department of Energy and was authorized by any pre14 vious Act, exceeds by more than 25 percent the higher

15 of—

16 (A) the amount authorized for the project; or

17 (B) the amount of the total estimated cost for

18 the project as shown in the most recent budget jus19 tification data submitted to the Congress.

20 (2) An action described in paragraph (1) may be

21 taken if—

22 (A) the Secretary of Energy has submitted to

23 the congressional defense committees a report on the

24 action and the circumstances making such action

25 necessary; and
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1 (B) a period of 30 days has elapsed after the

2 date on which the report is received by the commit3 tees.

4 (3) In the computation of the 30-day period under

5 paragraph (2), there shall be excluded any day on which

6 either House of Congress is not in session because of an

7 adjournment of more than 3 calendar days to a day cer8 tain.

9 (b) EXCEPTION.—Subsection (a) shall not apply to

10 any construction project which has a current estimated

11 cost of less than $5,000,000.

12 SEC. 3124. FUNDS TRANSFER AUTHORITY.

13 The Secretary of Energy may transfer funds appro14 priated pursuant to this title to other agencies of the Fed15 eral Government for the performance of the work for

16 which the funds were appropriated, and funds so trans17 ferred may be merged with the appropriations of the agen18 cy to which the funds are transferred.

19 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

20 (a) IN GENERAL.—(1) Within the amounts author21 ized by this title, the Secretary of Energy may carry out

22 advance planning and construction design (including ar23 chitectural and engineering services) in connection with

24 any proposed construction project if the total estimated
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1 cost for such planning and design does not exceed

2 $3,000,000.

3 (2) In the case of any project in which the total esti4 mated cost for advance planning and design exceeds

5 $600,000, the Secretary shall notify the congressional de6 fense committees in writing of the details of such project

7 at least 30 days before any funds are obligated for design

8 services for such project.

9 (b) SPECIFIC AUTHORITY REQUIRED.—In any case

10 in which the total estimated cost for advance planning and

11 construction design in connection with any construction

12 project exceeds $3,000,000, funds for such planning and

13 design must be specifically authorized by law.

14 SEC. 3126. REQUIREMENT FOR COMPLETION OF CONCEP15 TUAL DESIGN TO PRECEDE REQUEST FOR

16 CONSTRUCTION FUNDS.

17 (a) REQUIREMENT.—Before submitting to Congress

18 a request for funds for a construction project that is in

19 support of a national security program of the Department

20 of Energy, the Secretary of Energy shall complete a con21 ceptual design for that project.

22 (b) EXCEPTIONS.—The requirement in subsection (a)

23 does not apply to requests for funds—
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1 (1) for the costs of preparing a conceptual de2 sign for a construction project referred to in that

3 subsection; or

4 (2) for emergency planning, design, and con5 struction activities under section 3127.

6 SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DE7 SIGN, AND CONSTRUCTION ACTIVITIES.

8 (a) AUTHORITY.—The Secretary of Energy may use

9 any funds available to the Department of Energy under

10 sections 3101, 3102, and 3103, including those funds au11 thorized to be appropriated for advance planning and con12 struction design, to perform planning, design, and con13 struction activities for any Department of Energy national

14 security program construction project that, as determined

15 by the Secretary, must proceed expeditiously in order to

16 protect public health and safety, meet the needs of na17 tional defense, or protect property.

18 (b) LIMITATION.—The Secretary may not exercise

19 the authority under subsection (a) in the case of any con20 struction project until the Secretary has submitted to the

21 congressional defense committees a report on the activities

22 that the Secretary intends to carry out under this section

23 and the circumstances making such activities necessary.

24 (c) SPECIFIC AUTHORITY.—The requirement of sec25 tion 3125(b) does not apply to emergency planning, de-
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1 sign, and construction activities conducted under this sec2 tion.

3 (d) REPORT.—The Secretary of Energy shall prompt4 ly report to the congressional defense committees any ex5 ercise of authority under this section.

6 SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECU7 RITY PROGRAMS OF THE DEPARTMENT OF

8 ENERGY.

9 Subject to the provisions of appropriation Acts and

10 section 3121, amounts appropriated pursuant to this title

11 that are made available for management and support ac12 tivities and for general plant projects are available for use,

13 when necessary, in connection with all national security

14 programs of the Department of Energy.

15 SEC. 3129. AVAILABILITY OF FUNDS.

16 When so specified in an appropriation Act, amounts

17 appropriated for operating expenses, plant projects, and

18 capital equipment may remain available until expended.

19 Subtitle C—Program Authoriza20 tions, Restrictions, and Limita21 tions

22 SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND

23 TRAINING PROGRAM.

24 (a) CONDUCT OF PROGRAM.—(1) As part of the

25 stockpile stewardship program established pursuant to
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1 section 3138 of the National Defense Authorization Act

2 for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

3 1946; 42 U.S.C. 2121 note), the Secretary of Energy shall

4 conduct a stockpile stewardship recruitment and training

5 program at the Sandia National Laboratories, the Law6 rence Livermore National Laboratory, and the Los Ala7 mos National Laboratory.

8 (2) The recruitment and training program shall be

9 conducted in coordination with the Chairman of the Joint

10 Nuclear Weapons Council established by section 179 of

11 title 10, United States Code, and the directors of the lab12 oratories referred to in paragraph (1).

13 (b) SUPPORT OF DUAL-USE PROGRAMS.—(1) As

14 part of the recruitment and training program, the direc15 tors of the laboratories referred to in subsection (a)(1)

16 may employ undergraduate students, graduate students,

17 and postdoctoral fellows to carry out research sponsored

18 by such laboratories for military or nonmilitary dual-use

19 programs related to nuclear weapons stockpile steward20 ship.

21 (2) Of the amounts authorized to be appropriated to

22 the Secretary of Energy pursuant to section 3101(a)(1)

23 for weapons activities for core research and development

24 and allocated by the Secretary for education initiatives,

25 $4,000,000 shall be available for carrying out paragraph
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1 (1). The amount available under this paragraph shall be

2 allocated equally among the laboratories referred to in

3 subsection (a)(1).

4 (c) ESTABLISHMENT OF RETIREE CORPS.—As part

5 of the training and recruitment program, the Secretary,

6 in coordination with the directors of the laboratories re7 ferred to in subsection (a)(1), shall establish for the lab8 oratories a retiree corps of retired scientists who have ex9 pertise in research and development of nuclear weapons.

10 The directors may employ the retired scientists on a part11 time basis to provide appropriate assistance on nuclear

12 weapons issues, to contribute relevant information to be

13 archived, and to help to provide training to other sci14 entists.

15 (d) REPORT.—(1) Not later than February 1, 1995,

16 the Secretary of Energy shall submit to the congressional

17 defense committees a report on the demographic trends

18 of the personnel of the laboratories referred to in sub19 section (a)(1) and on actions taken by the Department

20 of Energy to remedy identified deficiencies in various skill

21 areas.

22 (2) The report shall be prepared in coordination with

23 the Chairman of the Joint Nuclear Weapons Council and

24 the directors of the laboratories. Information included in
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1 the report shall be aggregated and compiled into statistical

2 categories.

3 (3) The report shall include the following:

4 (A) An inventory of the weapons-related tasks

5 that the laboratories need to perform to support

6 their nuclear weapons responsibilities.

7 (B) An inventory of the skills necessary to com8 plete the weapons-related tasks referred to in sub9 paragraph (A).

10 (C) For each laboratory, the number of sci11 entists needed in each skill area to perform such

12 tasks.

13 (D) The number of the scientists providing

14 services in each skill area at each laboratory, stated

15 by age.

16 (E) An assessment of which skill areas are

17 understaffed.

18 (F) The number of scientists entering the weap19 ons program at each laboratory, and their skill

20 areas.

21 (G) The number of full-time equivalent person22 nel with weapon skills, their distribution by skill

23 and, for each such skill, their distribution by age.

24 (H) The number of scientists retiring from the

25 weapons program in the 5- year period ending on
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1 the date of the report and the skill areas in which

2 they worked in the year preceding their retirement.

3 (I) Based on the information contained in sub4 paragraphs (A) through (H), a projection of the

5 skills areas that will become understaffed in the five

6 years following the date of the report.

7 (J) Alternative actions that may be taken to re8 tain and recruit scientists for the weapons programs

9 at the laboratories in order to preserve a sufficient

10 skill base and to fulfill stockpile stewardship respon11 sibilities.

12 (K) Any plans of the Secretary to take any of

13 the alternative actions referred to in subparagraph

14 (J).

15 SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PRO16 GRAM.

17 Of the funds authorized to be appropriated by this

18 title to the Department of Energy for fiscal year 1995,

19 $176,473,000 shall be available for the defense inertial

20 confinement fusion program.

21 SEC. 3133. PAYMENT OF PENALTIES.

22 The Secretary of Energy may pay to the Hazardous

23 Substance Superfund established under section 9507 of

24 the Internal Revenue Code of 1986 (26 U.S.C. 9507),

25 from funds appropriated to the Department of Energy for
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1 environmental restoration and waste management activi2 ties pursuant to section 3102, stipulated civil penalties as3 sessed under the Comprehensive Environmental Response,

4 Compensation and Liability Act of 1980 (42 U.S.C. 9601

5 et seq.) in amounts as follows:

6 (1) $50,000, assessed against the Fernald En7 vironmental Management Project, Ohio, under such

8 Act.

9 (2) $50,000, assessed against the Portsmouth

10 Gaseous Diffusion Plant, Ohio, under such Act.

11 SEC. 3134. WATER MANAGEMENT PROGRAMS.

12 From funds authorized to be appropriated pursuant

13 to section 3102 to the Department of Energy for environ14 mental restoration and waste management activities, the

15 Secretary of Energy may reimburse the cities of West16 minster, Broomfield, Thornton, and Northglenn, in the

17 State of Colorado, $11,415,000 for the cost of implement18 ing water management programs. Reimbursements for the

19 water management programs shall not be considered a

20 major Federal action for purposes of section 102(2) of the

21 National Environmental Policy Act of 1969 (42 U.S.C.

22 4332(2)).
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1 SEC. 3135. LIMITATION ON USE OF FUNDS FOR SPECIAL AC2 CESS PROGRAMS.

3 Not more than 20 percent of the funds appropriated

4 or otherwise made available to the Department of Energy

5 for fiscal year 1995 pursuant to this title that are avail6 able for limited access programs and special access pro7 gram may be obligated for a limited access program or

8 special access program until the Secretary of Energy sub9 mits to the congressional defense committees the annual

10 reports required to be submitted in that fiscal year under

11 subsections (a) and (b) of section 93 of the Atomic Energy

12 Act of 1954 (42 U.S.C. 2122a).

13 SEC. 3136. PROTECTION OF NUCLEAR WEAPONS FACILI14 TIES WORKERS.

15 Of the funds authorized to be appropriated by section

16 310(2) for environmental restoration and waste manage17 ment activities, $11,000,000 shall be available to carry out

18 activities authorized under section 3131 of the National

19 Defense Authorization Act for Fiscal Years 1992 and

20 1993 (Public Law 102–190; 105 Stat. 1571; 42 U.S.C.

21 7274d), relating to worker protection at nuclear weapons

22 facilities.

23 SEC. 3137. NATIONAL SECURITY PROGRAMS.

24 Notwithstanding any other provision of law, not more

25 than 90 percent of the funds appropriated to the Depart26 ment of Energy for national security programs under this
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1 title may be obligated for such programs until the Sec2 retary of Energy submits to the congressional defense

3 committees the five-year budget plan with respect to fiscal

4 year 1995 required under section 3144 of the National

5 Defense Authorization Act for Fiscal Years 1990 and

6 1991 (Public Law 101–189; 103 Stat. 1681; 42 U.S.C.

7 7271b).

8 SEC. 3138. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR

9 ENVIRONMENTAL RESTORATION AND WASTE

10 MANAGEMENT.

11 Of the funds authorized to be appropriated to the De12 partment of Energy for fiscal year 1995 for environmental

13 restoration and waste management, $1,000,000 shall be

14 available for the Scholarship and Fellowship Program for

15 Environmental Restoration and Waste Management car16 ried out under section 3123 of the National Defense Au17 thorization Act for Fiscal Years 1992 and 1993 (Public

18 Law 102–190; 105 Stat. 1572; 42 U.S.C. 7274e).

19 SEC. 3139. HAZARDOUS MATERIALS MANAGEMENT AND

20 HAZARDOUS MATERIALS EMERGENCY RE21 SPONSE TRAINING PROGRAM.

22 Of the funds authorized to be appropriated to the De23 partment of Energy for fiscal year 1995 under section

24 3102(d), not more than $14,000,000 shall be available to

25 carry out a hazardous materials management and hazard-
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1 ous materials emergency response training program at

2 Hanford Nuclear Reservation, Richland, Washington.

3 SEC. 3140. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN

4 EXPOSED TO RADIATION RELEASED FROM

5 HANFORD NUCLEAR RESERVATION.

6 (a) FUNDING.—Of the funds authorized to be appro7 priated to the Department of Energy under section 3101

8 for fiscal year 1995, $3,295,591 shall be available for ac9 tivities relating to the Hanford Health Information Net10 work established pursuant to the authority set forth in

11 section 3138 of the National Defense Authorization Act

12 for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

13 1834).

14 (b) LIMITATION ON RELEASE OF CERTAIN PER15 SONAL INFORMATION.—(1) Information referred to in

16 paragraph (2) that is collected from an individual pursu17 ant to operation of the Hanford Health Information Net18 work shall be used only by the Network unless the individ19 ual, or a designated legal representative of the individual,

20 authorizes in writing the use of the information for an21 other purpose.

22 (2) Paragraph (1) applies to the following informa23 tion:

24 (A) The name, address, telephone number, and

25 medical information and records of each individual
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1 requesting assistance and information from the Net2 work.

3 (B) Such other information or categories of in4 formation as the chief officers of the health depart5 ments of the States of Washington, Oregon, and

6 Idaho jointly designate as information covered by

7 this subsection.

8 SEC. 3141. SOLAR ENERGY ACTIVITIES AT NEVADA TEST

9 SITE, NEVADA.

10 Of the funds authorized to be appropriated to the De11 partment of Energy under section 3101, $10,000,000

12 shall be available for development of solar energy at the

13 Nevada Test Site, Nevada.

14 Subtitle D—Other Matters

15 SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT

16 OF ENERGY FUNDS.

17 (a) IN GENERAL.—The Secretary of Energy shall

18 prescribe procedures to account for the use of funds for

19 the performance of the programs and activities of the De20 partment of Energy for which funds are appropriated for

21 national security programs of the Department of Energy.

22 The procedures shall provide for such accounting for fiscal

23 years beginning after fiscal year 1996.

24 (b) COVERED MATTERS.—The Secretary shall pre25 scribe procedures under subsection (a)—
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1 (1) to account for the funds appropriated to the

2 Department for national security programs and ac3 tivities of the Department that are not used for the

4 purpose for which such funds were appropriated;

5 and

6 (2) to provide an accounting for all encumbered

7 funds, unencumbered funds, unobligated funds,

8 costed funds, and uncosted obligations of the De9 partment in that fiscal year.

10 SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS

11 ACTIVITIES.

12 (a) APPROVAL BY JOINT NUCLEAR WEAPONS COUN13 CIL.—Subsection (d) of section 179 of title 10, United

14 States Code, is amended—

15 (1) by redesignating paragraphs (8) and (9) as

16 paragraphs (9) and (10), respectively; and

17 (2) by inserting after paragraph (7) the follow18 ing new paragraph (8):

19 ‘‘(8) Coordinating and approving activities initi20 ated or conducted by the Department of Energy for

21 the study, development, and production of nuclear

22 warheads, including concept definition studies, fea23 sibility studies, engineering development, hardware

24 component fabrication, warhead production, and

25 warhead retirement.’’.
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1 (b) TECHNICAL AMENDMENTS.—Subsections (a)(3)

2 and (b) of such section are amended by striking out ‘‘ap3 pointed’’ each place it appears and inserting in lieu thereof

4 ‘‘designated’’.

5 SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CER6 TAIN ACTIVITIES AT THE NEVADA TEST SITE,

7 NEVADA.

8 Not later than April 1, 1995, the Secretary of Energy

9 shall submit to Congress a report on the feasibility of con10 ducting the following activities at the Nevada Test Site,

11 Nevada:

12 (1) The demilitarization of large rocket motors,

13 high energetic explosives and conventional ordnance.

14 (2) Disarmament and demilitarization of con15 ventional weapons and components, generally.

16 (3) The conduct of experiments that assist in

17 monitoring compliance with international agreements

18 on the nonproliferation of nuclear weapons.

19 (4) The conduct of programs for the Depart20 ment of Energy and the Department of Defense to

21 develop simulator technologies for nuclear weapons

22 design and effects, including advanced hydrodynamic

23 simulators, fusion test facilities, and nuclear weap24 ons effects simulators (such as the Decade and Jupi25 ter simulators).
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1 (5) The conduct of the stockpile stewardship

2 program established pursuant to section 3138 of the

3 National Defense Authorization Act for Fiscal Year

4 1994 (42 U.S.C. 2121 note).

5 (6) Experiments related to the nonproliferation

6 of nuclear weapons, including experiments with re7 spect to disablement of such weapons, nuclear

8 forensics, sensors, and verification and monitoring.

9 SEC. 3154. NUCLEAR WEAPONS COUNCIL MEMBERSHIP.

10 Section 179(a)(1) title 10, United States Code, is

11 amended to read as follows: ‘‘(3) Two senior representa12 tives of the Department of Energy appointed by the Sec13 retary of Energy.’’.

14 SEC. 3155. OFFICE OF FISSILE MATERIALS DISPOSITION.

15 (a) ESTABLISHMENT.—Title II of the Department of

16 Energy Organization Act (42 U.S.C. 7131 et seq.) is

17 amended by adding at the end the following:

18 ‘‘OFFICE OF FISSILE MATERIALS DISPOSITION

19 ‘‘SEC. 212. (a) There shall be within the Department

20 an Office of Fissile Materials Disposition.

21 ‘‘(b) The Secretary shall designate the head of the

22 Office. The head of the Office shall report to the Under

23 Secretary.

24 ‘‘(c) The head of the Office shall be responsible for

25 all activities of the Department relating to the manage26 ment, storage, and disposition of fissile materials from
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1 weapons and weapons systems that are excess to the na2 tional security needs of the United States.’’.

3 (b) CONFORMING AMENDMENT.—The table of con4 tents in the first section of such Act is amended by insert5 ing after the item relating to section 210 the following

6 new items:

‘‘Sec. 211. Office of Minority Economic Impact.

‘‘Sec. 212. Office of Fissile Materials Disposition.’’.

7 SEC. 3156. EXTENSION OF AUTHORITY TO LOAN PERSON8 NEL AND FACILITIES AT IDAHO NATIONAL

9 ENGINEERING LABORATORY.

10 Section 1434 of the National Defense Authorization

11 Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.

12 2074), as amended by section 3136 of the National De13 fense Authorization Act for Fiscal Year 1993 (Public Law

14 102–484; 106 Stat. 2641), is further amended—

15 (1) in the third sentence of subsection (a)(3),

16 by striking out ‘‘fiscal years 1993 and 1994’’ and in17 serting in lieu thereof ‘‘fiscal years 1993, 1994,

18 1995, 1996, and 1997’’; and

19 (2) in subsection (c), by striking out ‘‘Septem20 ber 30, 1994, with respect to the Idaho National

21 Engineering Laboratory’’ and inserting in lieu there22 of ‘‘September 30, 1997, with respect to the Idaho

23 National Engineering Laboratory’’.
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1 SEC. 3157. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR

2 PLAN FOR DEFENSE NUCLEAR FACILITIES.

3 Subsection (a) section 3135 of the National Defense

4 Authorization Act for Fiscal Years 1992 and 1993 (Public

5 Law 102–190; 105 Stat. 1575; 42 U.S.C. 7274g(a)) is

6 amended—

7 (1) in paragraph (1)—

8 (A) by striking out ‘‘(A) defense nuclear

9 facilities and (B) all other facilities owned or

10 operated by the Department of Energy’’ in the

11 first sentence and inserting in lieu thereof ‘‘all

12 facilities owned or operated by the Department

13 of Energy except defense nuclear facilities’’;

14 and

15 (B) by inserting ‘‘such’’ in the third sen16 tence after ‘‘restoration at all’’;

17 (2) in paragraph (4), by striking out ‘‘The plan

18 shall contain the following matter:’’ and inserting in

19 lieu thereof ‘‘The plan shall include, with respect to

20 the Department of Energy facilities required by

21 paragraph (1) to be covered by the plan, the follow22 ing matters:’’;

23 (3) by striking out paragraph (6); and

24 (4) by redesignating paragraph (7) as para25 graph (6).
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1 SEC. 3158. AUTHORITY FOR APPOINTMENT OF CERTAIN

2 SCIENTIFIC, ENGINEERING, AND TECHNICAL

3 PERSONNEL.

4 (a) AUTHORITY.—(1) Notwithstanding any provision

5 of title 5, United States Code, governing appointments in

6 the competitive service and General Schedule classification

7 and pay rates, or any other provision of law, the Secretary

8 of Energy may—

9 (A) establish and set the rates of pay for not

10 more than 200 positions in the Department of En11 ergy for scientific, engineering, and technical person12 nel whose duties will relate to safety at defense nu13 clear facilities of the Department; and

14 (B) appoint persons to such positions.

15 (2) The rate of pay for a position established under

16 paragraph (1) may not exceed the rate of pay payable for

17 Level IV of the Executive Schedule under section 5315

18 of title 5, United States Code.

19 (3) To the maximum extent practicable, the Secretary

20 shall appoint persons under paragraph (1)(B) to the posi21 tions established under paragraph (1)(A) in accordance

22 with the merit system principles set forth in section 2301

23 of such title.

24 (b) OPM REVIEW.—(1) The Secretary shall enter

25 into an agreement with the Director of the Office of Per26 sonnel Management under which agreement the Director
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1 shall periodically evaluate the use of the authority set

2 forth in subsection (a)(1).

3 (2) If the Director determines as a result of such

4 evaluation that the Secretary of Energy is not appointing

5 persons to positions under such authority in a manner

6 consistent with the merit system principles set forth in

7 section 2301 of title 5, United States Code, the Director

8 shall notify the Secretary of that determination.

9 (3) Upon receipt of a notification under paragraph

10 (2), the Secretary shall—

11 (A) take appropriate actions to appoint persons

12 to positions under such authority in a manner con13 sistent with such principles; or

14 (B) cease appointment of persons under such

15 authority.

16 (c) TERMINATION.—(1) The authority provided

17 under subsection (a)(1) shall terminate on September 30,

18 1997.

19 (2) An employee may not be separated from employ20 ment with the Department of Energy or receive a reduc21 tion in pay by reason of the termination of authority under

22 paragraph (1).
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1 SEC. 3159. DEPARTMENT OF ENERGY DECLASSIFICATION

2 PRODUCTIVITY INITIATIVE.

3 Of the funds autorized to be appropriated to the De4 partment of Energy under section 3103, $3,000,000 shall

5 be available for the Department of Energy’s Declassifica6 tion Productivity Initiative.

7 SEC. 3160. SAFETY OVERSIGHT AND ENFORCEMENT AT DE8 FENSE NUCLEAR FACILITIES.

9 (a) FINDINGS.—Congress finds the following:

10 (1) Effective oversight of matters relating to

11 nuclear safety at defense nuclear facilities and en12 forcement of nuclear safety standards at such facili13 ties are critical to ensuring the safety of the public

14 and the workers at such facilities.

15 (2) The Department of Energy has not devoted

16 adequate attention historically to matters relating to

17 nuclear safety at defense nuclear facilities.

18 (b) SAFETY AT DEFENSE NUCLEAR FACILITIES.—

19 The Secretary of Energy shall take appropriate actions to

20 ensure that—

21 (1) officials of the Department of Energy who

22 are responsible for independent oversight of matters

23 relating to nuclear safety at defense nuclear facilities

24 and enforcement of nuclear safety standards at such

25 facilities maintain independence from officials who

26 are engaged in management of such facilities;
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1 (2) the independent, internal oversight func2 tions carried out by the Department include, at the

3 minimum, activities relating to—

4 (A) the assessment of the safety of defense

5 nuclear facilities;

6 (B) the assessment of the effectiveness of

7 Department program offices in carrying out

8 programs relating to the environment, safety,

9 health, and security at defense nuclear facili10 ties;

11 (C) the provision to the Secretary of over12 sight reports that—

13 (i) contain validated technical infor14 mation; and

15 (ii) provide a clear analysis of the ex16 tent to which line programs governing de17 fense nuclear facilities meet applicable

18 goals for the environment, safety, health,

19 and security at such facilities; and

20 (D) the development of clear performance

21 standards to be used in assessing the adequacy

22 of the programs referred to in subparagraph

23 (C)(ii);

24 (3) the Department has a system for bringing

25 issues relating to nuclear safety at defense nuclear
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1 facilities to the attention of the officials of the De2 partment (including the Secretary of Energy) having

3 authority to resolve such issues in an adequate and

4 timely manner; and

5 (4) an adequate number of qualified personnel

6 of the Department are assigned to oversee matters

7 relating to nuclear safety at defense nuclear facilities

8 and enforce nuclear safety standards at such facili9 ties.

10 (c) REPORT.—Not later than 90 days after the date

11 of the enactment of this Act, the Secretary of Energy shall

12 submit to the congressional defense committees a report

13 describing—

14 (1) the actions that the Secretary has taken or

15 will take to fulfill the requirements set forth in para16 graphs (1), (2), and (3) of subsection (b);

17 (2) the actions in addition to the actions de18 scribed under paragraph (1) that the Secretary

19 could take in order to fulfill such requirements; and

20 (3) the respective roles with regard to nuclear

21 safety at defense nuclear facilities of the following

22 officials:

23 (A) The Associate Deputy Secretary of En24 ergy for Field Management.
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1 (B) The Assistant Secretary of Energy for

2 Defense Programs.

3 (C) The Assistant Secretary of Energy for

4 Environmental Restoration and Waste Manage5 ment.

6 SEC. 3161. CONDITIONS ON CONTRACTS BETWEEN THE

7 FEDERAL GOVERNMENT AND CERTAIN LES8 SEES AND TRANSFEREES OF DEPARTMENT

9 OF ENERGY PROPERTY.

10 (a) CONDITIONS.—Notwithstanding any other provi11 sion of law, the head of a department or agency of the

12 United States may require as a condition of a contract

13 with an entity described in subsection (b) that such entity

14 certifies to the head of the department or agency the fol15 lowing:

16 (1) That no officer, director, employee, or agent

17 of the entity has utilized in the preparation of the

18 bid or solicitation for the contract—

19 (A) any records or systems of records of

20 the Federal Government that are covered by

21 section 552a of title 5, United States Code;

22 (B) any information or data of the Federal

23 Government that has not been released or oth24 erwise made generally available for preparation

25 of bids or proposals on the contract; or
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1 (C) any commercial information or data of

2 another entity that has not been released or

3 otherwise made generally available for that pur4 pose.

5 (2) That the entity has returned, destroyed, or

6 otherwise disposed of all documents received from

7 the Federal Government by reason of any earlier

8 contract between the Federal Government and the

9 entity for the operation of the facility which is

10 leased, or with respect to which property is trans11 ferred, to the entity pursuant to a provision of law

12 referred to in subsection (b).

13 (b) COVERED ENTITIES.—Subsection (a) applies to

14 any entity, or the affiliate, successor to, or assign of the

15 entity, to which the Secretary of Energy leases a Depart16 ment of Energy facility under section 646(c) of the De17 partment of Energy Organization Act (42 U.S.C. 7256(d))

18 or to which the Secretary transfers personal property of

19 such a facility under section 3155(a) of the National De20 fense Authorization Act for Fiscal Year 1994 (Public Law

21 103–160; 107 Stat. 1953; 42 U.S.C. 7274l(c)).
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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY

3 BOARD AUTHORIZATION

4 SEC. 3201. AUTHORIZATION.

5 There are authorized to be appropriated for fiscal

6 year 1995, $17,933,000 for the operation of the Defense

7 Nuclear Facilities Safety Board under chapter 21 of the

8 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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