[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    DEPARTMENT OF ENERGY NATIONAL SECURITY ACT FOR FISCAL YEAR 1995

  The text of the bill (S. 2210) to authorize appropriations for fiscal 
year 1995 for defense activities of the Department of Energy, and for 
other purposes, as passed by the Senate on July 1, 1994, is as follows:

                                S. 2210

       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 FACILI- TIES 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 FACILI- TIES 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.).

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