[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4744 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4744

To make it more likely that the cleanup and closure of the Rocky Flats 
 Environmental Technology Site will be completed on or before December 
                               15, 2006.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2002

   Mr. Udall of Colorado (for himself, Mr. Tancredo, and Mr. Hefley) 
 introduced the following bill; which was referred to the Committee on 
    Armed Services, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To make it more likely that the cleanup and closure of the Rocky Flats 
 Environmental Technology Site will be completed on or before December 
                               15, 2006.

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

SECTION 1. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States and the State of Colorado have a 
        compelling interest in achieving the safe and effective cleanup 
        and closure of the Rocky Flats Environmental Technology Site, 
        Colorado, without unnecessary delay.
            (2) When the Rocky Flats site has been cleaned up and 
        closed, additional resources can be redirected to meet needs of 
        other present and former nuclear weapons sites in States other 
        than Colorado.
            (3) The cleanup plan for Rocky Flats calls for removal of 
        all plutonium from the site and for such plutonium to be 
        rendered unsuitable for weapons use, in accordance with an 
        agreement for mutual reductions of weapons-grade plutonium 
        between the United States and the Russian Federation. 
        Completion of this process is in the national security interest 
        of the United States.
            (4) The Department of Energy has been seeking to complete 
        cleanup and closure of the Rocky Flats site on or before 
        December 15, 2006, and it is in the national interest for that 
        objective to be met.
            (5) Recent developments, including revisions to the 
        Department of Energy's strategy for disposal of surplus 
        plutonium, have created new obstacles to achieving cleanup and 
        closure of Rocky Flats on or before December 15, 2006.
    (b) Purpose.--The purpose of this Act is to increase the likelihood 
that cleanup and closure of the Rocky Flats Environmental Technology 
Site, Colorado, will be accomplished on or before December 15, 2006.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Rocky Flats'' means the Rocky Flats 
        Environmental Technology Site of the Department of Energy.
            (2) The term ``Secretary'' means the Secretary of Energy.
            (3) The term ``special nuclear material'' has the meaning 
        given such term in section 11 of the Atomic Energy Act of 1954 
        (42 U.S.C. 2014), except that such term also includes weapons 
        grade plutonium.
            (4) The term ``Record of Decision'' means the Record of 
        Decision dated January 11, 2000, for the Department of Energy's 
        Surplus Plutonium Disposition Program, as amended by the 
        Amended Record of Decision dated April 15, 2002, for that 
        program.

SEC. 3. EXAMINATION OF ALTERNATIVES.

    If the transfer of special nuclear materials identified for removal 
from Rocky Flats for disposal or processing into mixed-oxide fuel has 
not commenced as of July 1, 2002, the Secretary shall reopen the Record 
of Decision and shall examine all possible alternatives that will 
result in accomplishing this removal in an expeditious and effective 
manner. Nothing in this section shall be construed to require the 
Secretary to delay transfer of any special nuclear material from Rocky 
Flats to any other location.

SEC. 4. REPORT.

    If the Secretary commences the examination of alternatives referred 
to in section 3, the Secretary shall, not later than 180 days after 
commencing such examination, submit to Congress a report on the results 
of such examination and the extent to which selection of any 
alternative examined would facilitate or delay completion of the 
cleanup and closure of Rocky Flats on or before December 15, 2006.

SEC. 5. INCENTIVE FOR REMOVAL.

    If the transfer of all of the special nuclear materials identified 
for removal from Rocky Flats for disposal or processing into mixed-
oxide fuel has not been completed as of November 1, 2003, the Secretary 
shall, from funds available to the Secretary, pay economic/impact 
assistance to the State of Colorado in the amount of $1,000,000 per 
day, not to exceed $100,000,000 per calendar year, until all such 
special nuclear materials have been removed from Rocky Flats.
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