[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Engrossed in Senate (ES)]
107th CONGRESS
1st Session
S. 1417
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2002 for defense activities
of the Department of Energy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy National
Security Act for Fiscal Year 2002''.
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. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on minor construction projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Sec. 3130. Transfer of weapons activities funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Limitation on availability of funds for weapons activities
for facilities and infrastructure.
Sec. 3132. Limitation on availability of funds for other defense
activities for national security programs
administrative support.
Sec. 3133. Nuclear Cities Initiative.
Sec. 3134. Construction of Department of Energy operations office
complex.
Subtitle D--Matters Relating to Management of National Nuclear Security
Administration
Sec. 3141. Establishment of position of Deputy Administrator for
Nuclear Security.
Sec. 3142. Responsibility for national security laboratories and
weapons production facilities of Deputy
Administrator of National Nuclear Security
Administration for Defense Programs.
Sec. 3143. Clarification of status within the Department of Energy of
administration and contractor personnel of
the National Nuclear Security
Administration.
Sec. 3144. Modification of authority of Administrator for Nuclear
Security to establish scientific,
engineering, and technical positions.
Subtitle E--Other Matters
Sec. 3151. Improvements to Energy Employees Occupational Illness
Compensation Program.
Sec. 3152. Department of Energy counterintelligence polygraph program.
Sec. 3153. One-year extension of authority of Department of Energy to
pay voluntary separation incentive
payments.
Sec. 3154. Additional objective for Department of Energy defense
nuclear facility work force restructuring
plan.
Sec. 3155. Modification of date of report of Panel to Assess the
Reliability, Safety, and Security of the
United States Nuclear Stockpile.
Sec. 3156. Reports on achievement of milestones for National Ignition
Facility.
Sec. 3157. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3158. Improvements to Corral Hollow Road, Livermore, California.
Sec. 3159. Annual assessment and report on vulnerability of Department
of Energy facilities to terrorist attack.
Subtitle F--Rocky Flats National Wildlife Refuge
Sec. 3171. Short title.
Sec. 3172. Findings and purposes.
Sec. 3173. Definitions.
Sec. 3174. Future ownership and management.
Sec. 3175. Transfer of management responsibilities and jurisdiction
over Rocky Flats.
Sec. 3176. Continuation of environmental cleanup and closure.
Sec. 3177. Rocky Flats National Wildlife Refuge.
Sec. 3178. Comprehensive conservation plan.
Sec. 3179. Property rights.
Sec. 3180. Rocky Flats Museum.
Sec. 3181. Report on funding.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authority to dispose of certain materials in the National
Defense Stockpile.
Sec. 3302. Revision of limitations on required disposals of cobalt in
the National Defense Stockpile.
Sec. 3303. Acceleration of required disposal of cobalt in the National
Defense Stockpile.
Sec. 3304. Revision of restriction on disposal of manganese ferro.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2002 for the activities of the National Nuclear Security
Administration in carrying out programs necessary for national security
in the amount of $7,351,721,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities,
$5,481,795,000, to be allocated as follows:
(A) For stewardship operation and maintenance,
$4,687,443,000, to be allocated as follows:
(i) For directed stockpile work,
$1,016,922,000.
(ii) For campaigns, $2,137,300,000, to be
allocated as follows:
(I) For operation and maintenance,
$1,767,328,000.
(II) 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),
$369,972,000, to be allocated as
follows:
Project 01-D-101,
distributed information systems
laboratory, Sandia National
Laboratories, Livermore,
California, $5,400,000.
Project 00-D-103, terascale
simulation facility, Lawrence
Livermore National Laboratory,
Livermore, California,
$22,000,000.
Project 00-D-105, strategic
computing complex, Los Alamos
National Laboratory, Los
Alamos, New Mexico,
$11,070,000.
Project 00-D-107, joint
computational engineering
laboratory, Sandia National
Laboratories, Albuquerque, New
Mexico, $5,377,000.
Project 98-D-125, tritium
extraction facility, Savannah
River Plant, Aiken, South
Carolina, $81,125,000.
Project 96-D-111, national
ignition facility (NIF),
Lawrence Livermore National
Laboratory, Livermore,
California, $245,000,000.
(iii) For readiness in technical base and
facilities, $1,533,221,000, to be allocated as
follows:
(I) For operation and maintenance,
$1,356,107,000.
(II) 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),
$177,114,000, to be allocated as
follows:
Project 02-D-101,
microsystems and engineering
sciences applications (MESA),
Sandia National Laboratories,
Albuquerque, New Mexico,
$39,000,000.
Project 02-D-103, project
engineering and design (PE&D),
various locations, $31,130,000.
Project 02-D-107,
electrical power systems safety
communications and bus
upgrades, Nevada Test Site,
Nevada, $3,507,000.
Project 01-D-103,
preliminary project design and
engineering, various locations,
$16,379,000.
Project 01-D-124, highly
enriched uranium (HEU)
materials storage facility, Y-
12 Plant, Oak Ridge, Tennessee,
$0.
Project 01-D-126, weapons
evaluation test laboratory,
Pantex Plant, Amarillo, Texas,
$7,700,000.
Project 01-D-800, sensitive
compartmented information
facility, Lawrence Livermore
National Laboratory, Livermore,
California, $12,993,000.
Project 99-D-103, isotope
sciences facilities, Lawrence
Livermore National Laboratory,
Livermore, California,
$4,400,000.
Project 99-D-104,
protection of real property
(roof reconstruction, phase
II), Lawrence Livermore
National Laboratory, Livermore,
California, $2,800,000.
Project 99-D-106, model
validation and system
certification center, Sandia
National Laboratories,
Albuquerque, New Mexico,
$4,955,000.
Project 99-D-108,
renovation of existing
roadways, Nevada Test Site,
Nevada, $2,000,000.
Project 99-D-125, replace
boilers and controls, Kansas
City Plant, Kansas City,
Missouri, $300,000.
Project 99-D-127, stockpile
management restructuring
initiative, Kansas City Plant,
Kansas City, Missouri,
$22,200,000.
Project 99-D-128, stockpile
management restructuring
initiative, Pantex Plant,
Amarillo, Texas, $3,300,000.
Project 98-D-123, stockpile
management restructuring
initiative, tritium facility
modernization and
consolidation, Savannah River
Plant, Aiken, South Carolina,
$13,700,000.
Project 98-D-124, stockpile
management restructuring
initiative, Y-12 Plant
consolidation, Oak Ridge,
Tennessee, $6,850,000.
Project 97-D-123,
structural upgrades, Kansas
City Plant, Kansas City,
Missouri, $3,000,000.
Project 96-D-102, stockpile
stewardship facilities
revitalization, Phase VI,
various locations, $2,900,000.
(B) For secure transportation asset, $77,571,000,
to be allocated for operation and maintenance.
(C) For safeguards and security, $448,881,000, to
be allocated as follows:
(i) For operation and maintenance,
$439,281,000.
(ii) 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), $9,600,000, to be allocated
as follows:
Project 99-D-132, stockpile
management restructuring initiative,
nuclear material safeguards and
security upgrade project, Los Alamos
National Laboratory, Los Alamos, New
Mexico, $9,600,000.
(D) For facilities and infrastructure,
$267,900,000.
(2) Defense nuclear nonproliferation.--For other nuclear
security activities, $872,500,000, to be allocated as follows:
(A) For nonproliferation and verification research
and development, $258,161,000, to be allocated as
follows:
(i) For operation and maintenance,
$222,355,000.
(ii) 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), $35,806,000, to be allocated
as follows:
Project 00-D-192, nonproliferation
and international security center
(NISC), Los Alamos National Laboratory,
Los Alamos, New Mexico, $35,806,000.
(B) For arms control, $138,000,000.
(C) For international materials protection,
control, and accounting, $143,800,000.
(D) For highly enriched uranium transparency
implementation, $13,950,000.
(E) For international nuclear safety, $19,500,000.
(F) For fissile materials control and disposition,
$299,089,000, to be allocated as follows:
(i) For United States surplus fissile
materials disposition, $233,089,000, to be
allocated as follows:
(I) For operation and maintenance,
$130,089,000.
(II) 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),
$103,000,000, to be allocated as
follows:
Project 01-D-142,
immobilization and associated
processing facility, (Title I
and II design), Savannah River
Site, Aiken, South Carolina,
$0.
Project 01-D-407, highly
enriched uranium blend-down,
Savannah River Site, Aiken,
South Carolina, $24,000,000.
Project 99-D-141, pit
disassembly and conversion
facility (Title I and II
design), Savannah River Site,
Aiken, South Carolina,
$16,000,000.
Project 99-D-143, mixed
oxide fuel fabrication facility
(Title I and II design),
Savannah River Site, Aiken,
South Carolina, $63,000,000.
(ii) For Russian fissile materials
disposition, $66,000,000.
(3) Naval reactors.--For naval reactors, $688,045,000, to
be allocated as follows:
(A) For naval reactors development, $665,445,000,
to be allocated as follows:
(i) For operation and maintenance,
$652,245,000.
(ii) 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), $13,200,000, to be allocated
as follows:
Project 01-D-200, major office
replacement building, Schenectady, New
York, $9,000,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors Facility, Idaho, $4,200,000.
(B) For program direction, $22,600,000.
(4) Office of administrator for nuclear security.--For the
Office of the Administrator for Nuclear Security, and for
program direction for the National Nuclear Security
Administration (other than for naval reactors), $380,366,000.
(b) Adjustments.--The amount authorized to be appropriated by
subsection (a) is hereby reduced by $70,985,000, as follows:
(1) The amount authorized to be appropriated by paragraph
(1) of that subsection is hereby reduced by $28,985,000, which
is to be derived from offsets and use of prior year balances.
(2) The amount authorized to be appropriated by paragraph
(2) of that subsection is hereby reduced by $42,000,000, which
is to be derived from use of prior year balances.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2002 for environmental restoration and waste management activities
in carrying out programs necessary for national security in the amount
of $6,047,617,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836; 42 U.S.C. 7277n), $1,080,538,000.
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$943,196,000, to be allocated as follows:
(A) For operation and maintenance, $919,030,000.
(B) 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), $24,166,000, to be
allocated as follows:
Project 02-D-402, Intec cathodic protection
system expansion, Idaho National Engineering
and Environmental Laboratory, Idaho Falls,
Idaho, $3,256,000.
Project 01-D-414, preliminary project
engineering and design (PE&D), various
locations, $6,254,000.
Project 99-D-402, tank farm support
services, F&H areas, Savannah River Site,
Aiken, South Carolina, $5,040,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho National
Engineering and Environmental Laboratories,
Idaho Falls, Idaho, $2,700,000.
Project 98-D-453, plutonium stabilization
and handling system for plutonium finishing
plant, Richland, Washington, $1,910,000.
Project 96-D-471, chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $4,244,000.
Project 92-D-140, F&H canyon exhaust
upgrades, Savannah River Site, Aiken, South
Carolina, $0.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $762,000.
(3) Post-2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$3,245,201,000, to be allocated as follows:
(A) For operation and maintenance, $1,955,979,000.
(B) 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), $6,754,000, to be
allocated as follows:
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $6,754,000.
(C) For the Office of River Protection in carrying
out environmental restoration and waste management
activities necessary for national security programs,
$862,468,000, to be allocated as follows:
(i) For operation and maintenance,
$322,151,000.
(ii) 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), $540,317,000, to be allocated
as follows:
Project 01-D-416, waste treatment
and immobilization plant, Richland,
Washington, $500,000,000.
Project 97-D-402, tank farm
restoration and safe operations,
Richland, Washington, $33,473,000.
Project 94-D-407, initial tank
retrieval systems, Richland,
Washington, $6,844,000.
(4) Science and technology development.--For science and
technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs, $216,000,000.
(5) Excess facilities.--For excess facilities in carrying
out environmental restoration and waste management activities
necessary for national security programs, $1,300,000.
(6) Safeguards and security.--For safeguards and security
in carrying out environmental restoration and waste management
activities necessary for national security programs,
$205,621,000.
(7) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $355,761,000.
(b) Adjustment.--The total amount authorized to be appropriated by
subsection (a) is the sum of the amounts authorized to be appropriated
by paragraphs (2) through (7) of that subsection, reduced by
$42,161,000, to be derived from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2002 for other defense activities in carrying out programs
necessary for national security in the amount of $512,195,000, to be
allocated as follows:
(1) Intelligence.--For intelligence, $40,844,000.
(2) Counterintelligence.--For counterintelligence,
$46,389,000.
(3) Security and emergency operations.--For security and
emergency operations, $247,565,000, to be allocated as follows:
(A) For nuclear safeguards and security,
$121,188,000.
(B) For security investigations, $44,927,000.
(C) For program direction, $81,450,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,904,000.
(5) Environment, safety, and health.--For the Office of
Environment, Safety, and Health, $114,600,000, to be allocated
as follows:
(A) For environment, safety, and health (defense),
$91,307,000.
(B) For program direction, $23,293,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $20,000,000, to be
allocated as follows:
(A) For worker and community transition,
$18,000,000.
(B) For program direction, $2,000,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $2,893,000.
(8) National security programs administrative support.--For
national security programs administrative support, $25,000,000.
(b) Adjustments.--
(1) Security and emergency operations, for program
direction.--The amount authorized to be appropriated pursuant
to subsection (a)(3)(B) is reduced by $712,000 to reflect an
offset provided by user organizations for security
investigations.
(2) Other.--The total amount authorized to be appropriated
pursuant to paragraphs (1), (2), (4), (5), (6), (7), and (8) of
subsection (a) is hereby reduced by $10,000,000 to reflect use
of prior year balances.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 for privatization initiatives in carrying
out environmental restoration and waste management activities necessary
for national security programs in the amount of $157,537,000, to be
allocated as follows:
Project 02-PVT-1, Paducah disposal facility, Paducah,
Kentucky, $13,329,000.
Project 02-PVT-2, Portsmouth disposal facility, Portsmouth,
Ohio, $2,000,000.
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $49,332,000.
Project 98-PVT-5, environmental management/waste management
disposal, Oak Ridge, Tennessee, $26,065,000.
Project 97-PVT-2, advanced mixed waste treatment project,
Idaho Falls, Idaho, $56,000,000.
Project 97-PVT-3, transuranic waste treatment, Oak Ridge,
Tennessee, $10,826,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 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 $250,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $2,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is 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.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) 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.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON MINOR CONSTRUCTION PROJECTS.
(a) In General.--The Secretary of Energy may carry out any minor
construction project using operation and maintenance funds, or
facilities and infrastructure funds, authorized by this title.
(b) Annual Report.--The Secretary shall submit to the congressional
defense committees on an annual basis a report on each exercise of the
authority in subsection (a) during the preceding year. Each report
shall give a brief description of each minor construction project
covered by such report.
(c) Minor Construction Project Defined.--In this section, the term
``minor construction project'' means any plant project not specifically
authorized by law if the approved total estimated cost of the plant
project does not exceed $5,000,000.
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, authorized by 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 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 actions 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 is excluded any day on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a construction
project with a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than 5 percent by a
transfer under such paragraph.
(c) Limitations.--The authority provided by this subsection to
transfer authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have a
higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committees on Armed Services of the Senate and House of
Representatives of any transfer of funds to or from authorizations
under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), 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.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a minor construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including funds authorized to be appropriated for advance planning,
engineering, and construction design, and for plant projects, under
sections 3101, 3102, 3103, and 3104 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, to
meet the needs of national defense, or to 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 those activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. 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 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. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated
for program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2004.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Not more than three transfers may be made to
or from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under in
any one transfer under subsection (a) may not exceed $5,000,000.
(3) A transfer may not be carried out by a manager of a field
office under subsection (a) unless the manager determines that the
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used
for an item for which Congress has specifically denied funds or for a
new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in
paragraph (2) or (3) of section 3102(a).
(B) A program or project not described in
subparagraph (A) that is for environmental restoration
or waste management activities necessary for national
security programs of the Department, that is being
carried out by the office, and for which defense
environmental management funds have been authorized and
appropriated before the date of the enactment of this
Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental restoration
and waste management activities necessary for national security
programs.
(f) Duration of Authority.--The managers of the field offices of
the Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2001, and ending on September
30, 2002.
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) Transfer Authority for Weapons Activities Funds.--The Secretary
of Energy shall provide the manager of each field office of the
Department of Energy with the authority to transfer weapons activities
funds from a program or project under the jurisdiction of the office to
another such program or project.
(b) Limitations.--(1) Not more than three transfers may be made to
or from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project in any
one transfer under subsection (a) may not exceed $5,000,000.
(3) A transfer may not be carried out by a manager of a field
office under subsection (a) unless the manager determines that the
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of weapons activities
funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used
for an item for which Congress has specifically denied funds or for a
new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Administrator
for Nuclear Security, shall notify Congress of any transfer of funds
pursuant to subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in
3101(1).
(B) A program or project not described in
subparagraph (A) that is for weapons activities
necessary for national security programs of the
Department, that is being carried out by the office,
and for which weapons activities funds have been
authorized and appropriated before the date of the
enactment of this Act.
(2) The term ``weapons activities funds'' means funds
appropriated to the Department of Energy pursuant to an
authorization for carrying out weapons activities necessary for
national security programs.
(f) Duration of Authority.--The managers of the field offices of
the Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2001, and ending on September
30, 2002.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS ACTIVITIES
FOR FACILITIES AND INFRASTRUCTURE.
Not more than 50 percent of the funds authorized to be appropriated
by section 3101(a)(1)(D) for the National Nuclear Security
Administration for weapons activities for facilities and infrastructure
may be obligated or expended until the Administrator for Nuclear
Security submits to the congressional defense committees a report
setting forth the following:
(1) Criteria for the selection of projects to be carried
out using such funds.
(2) Criteria for establishing priorities among projects so
selected.
(3) A list of the projects so selected, including the
priority assigned to each such project.
SEC. 3132. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER DEFENSE
ACTIVITIES FOR NATIONAL SECURITY PROGRAMS ADMINISTRATIVE
SUPPORT.
Not more than $5,000,000 of the funds authorized to be appropriated
by section 3103(a)(8) for other defense activities for national
security programs administrative support may be obligated or expended
until the later of the following:
(1) The date on which the Secretary of Energy submits to
Congress a report setting forth the purposes for which such
funds will be obligated and expended.
(2) The date on which the Administrator for Nuclear
Security submits to Congress the future-years nuclear security
program for fiscal year 2002 required by section 3253 of the
National Nuclear Security Administration Act (title XXXII of
Public Law 106-35; 50 U.S.C. 2453).
SEC. 3133. NUCLEAR CITIES INITIATIVE.
(a) Limitations on Use of Funds.--No funds authorized to be
appropriated for the Nuclear Cities Initiative after fiscal year 2001
may be obligated or expended with respect to more than three nuclear
cities, or more than two serial production facilities in Russia, until
30 days after the Administrator for Nuclear Security submits to the
appropriate congressional committees an agreement signed by the Russian
Federation on access under the Nuclear Cities Initiative to the ten
closed nuclear cities and four serial production facilities of the
Nuclear Cities Initiative.
(b) Annual Report.--(1) Not later than the first Monday in February
each year, the Administrator shall submit to the appropriate
congressional committees a report on financial and programmatic
activities with respect to the Nuclear Cities Initiative during the
preceding fiscal year.
(2) Each report shall include, for the fiscal year covered by such
report, the following:
(A) A list of each project that is or was completed,
ongoing, or planned under the Nuclear Cities Initiative during
such fiscal year.
(B) For each project listed under subparagraph (A),
information, current as of the end of such fiscal year, on the
following:
(i) The purpose of such project.
(ii) The budget for such project.
(iii) The life-cycle costs of such project.
(iv) Participants in such project.
(v) The commercial viability of such project.
(vi) The number of jobs in Russia created or to be
created by or through such project.
(vii) Of the total amount of funds spent on such
project, the percentage of such amount spent in the
United States and the percentage of such amount spent
overseas.
(C) A certification by the Administrator that each project
listed under subparagraph (A) did contribute, is contributing,
or will contribute, as the case may be, to the downsizing of
the nuclear weapons complex in Russia, together with a
description of the evidence utilized to make such
certification.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees means'' the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
(2) Nuclear cities initiative.--The term ``Nuclear Cities
Initiative'' means the initiative arising pursuant to the March
1998 discussion between the Vice President of the United States
and the Prime Minister of the Russian Federation and between
the Secretary of Energy of the United States and the Minister
of Atomic Energy of the Russian Federation.
(3) Nuclear city.--The term ``nuclear city'' means any of
the nuclear cities within the complex of the Russia Ministry of
Atomic Energy (MINATOM) as follows:
(A) Sarov (Arzamas-16 and Avangard).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zhelenznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
SEC. 3134. CONSTRUCTION OF DEPARTMENT OF ENERGY OPERATIONS OFFICE
COMPLEX.
(a) Authority for Design and Construction.--Subject to subsection
(b), the Secretary of Energy may provide for the design and
construction of a new operations office complex for the Department of
Energy in accordance with the feasibility study regarding such
operations office complex conducted under the National Defense
Authorization Act for Fiscal Year 2000.
(b) Limitation.--The Secretary may not exercise the authority in
subsection (a) until the date on which the Secretary certifies to
Congress that the feasibility study referred to in subsection (a) is
consistent with the plan submitted under section 3153(a) of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-465).
(c) Basis of Authority.--The design and construction of the
operations office complex authorized by subsection (a) shall be carried
out through one or more energy savings performance contracts (ESPC)
entered into under this section and in accordance with the provisions
of title VIII of the National Energy Policy Conservation Act (42 U.S.C.
8287 et seq.).
(d) Payment of Costs.--Amounts for payments of costs associated
with the construction of the operations office complex authorized by
subsection (a) shall be derived from energy savings and ancillary
operation and maintenance savings that result from the replacement of a
current Department of Energy operations office complex (as identified
in the feasibility study referred to in subsection (a)) with the
operations office complex authorized by subsection (a).
Subtitle D--Matters Relating to Management of National Nuclear Security
Administration
SEC. 3141. ESTABLISHMENT OF POSITION OF DEPUTY ADMINISTRATOR FOR
NUCLEAR SECURITY.
(a) Establishment of Position.--Subtitle A of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65; 50
U.S.C. 2401 et seq.) is amended--
(1) by redesignating section 3213 as section 3219 and
transferring such section, as so redesignated, to the end of
the subtitle; and
(2) by inserting after section 3212 the following new
section 3213:
``SEC. 3213. DEPUTY ADMINISTRATOR FOR NUCLEAR SECURITY.
``(a) In General.--There is in the Administration a Deputy
Administrator for Nuclear Security, who is appointed by the President,
by and with the advice and consent of the Senate.
``(b) Duties.--(1) The Deputy Administrator shall be the principal
assistant to the Administrator in carrying out the responsibilities of
the Director under this title, and shall act for, and exercise the
powers and duties of, the Administrator when the Administrator is
disabled or there is no Administrator for Nuclear Security.
``(2) Subject to the authority, direction, and control of the
Administrator, the Deputy Administrator shall perform such duties, and
exercise such powers, relating to the functions of the Administration
as the Administrator may prescribe.''.
(b) Pay Level.--Section 5314 of title 5, United States Code, is
amended in the item relating to the Deputy Administrators of the
National Nuclear Security Administration--
(1) by striking ``(3)'' and inserting ``(4)''; and
(2) by striking ``(2)'' and inserting ``(3)''.
SEC. 3142. RESPONSIBILITY FOR NATIONAL SECURITY LABORATORIES AND
WEAPONS PRODUCTION FACILITIES OF DEPUTY ADMINISTRATOR OF
NATIONAL NUCLEAR SECURITY ADMINISTRATION FOR DEFENSE
PROGRAMS.
Section 3214 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 113 Stat. 959; 50 U.S.C. 2404) is
amended by striking subsection (c).
SEC. 3143. CLARIFICATION OF STATUS WITHIN THE DEPARTMENT OF ENERGY OF
ADMINISTRATION AND CONTRACTOR PERSONNEL OF THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
Section 3219 of the National Nuclear Security Administration Act,
as redesignated and transferred by section 3141(a)(1) of this Act, is
further amended--
(1) in subsection (a), by striking ``Administration--'' and
inserting ``Administration, in carrying out any function of the
Administration--''; and
(2) in subsection (b), by striking ``shall'' and inserting
``, in carrying out any function of the Administration,
shall''.
SEC. 3144. MODIFICATION OF AUTHORITY OF ADMINISTRATOR FOR NUCLEAR
SECURITY TO ESTABLISH SCIENTIFIC, ENGINEERING, AND
TECHNICAL POSITIONS.
(a) Increase in Authorized Number of Positions.--Section 3241 of
the National Nuclear Security Administration Act (title XXXII of Public
Law 106-65; 113 Stat. 964; 50 U.S.C. 2441) is amended--
(1) by inserting ``(a) In General--'' before ``The
Administrator''; and
(2) in subsection (a), as so designated, by striking
``300'' and inserting ``500''.
(b) Designation of Existing Provisions on Treatment of Authority.--
That section is further amended--
(1) by designating the second sentence as subsection (b);
(2) aligning the margin of that subsection, as so
designated, so as to indent the text two ems; and
(3) in that subsection, as so designated, by striking
``Subject to the limitations in the preceding sentence,'' and
inserting ``(b) Treatment of Authority.--Subject to the
limitations in subsection (a),''.
(c) Treatment of Positions.--That section is further amended by
adding at the end the following new subsection:
``(c) Treatment of Positions.--A position established under
subsection (a) may not be considered a Senior Executive Service
position (as that term is defined in section 3132(a)(2) of title 5,
United States Code), and shall not be subject to the provisions of
subchapter II of chapter 31 of that title, relating to the Senior
Executive Service.''.
Subtitle E--Other Matters
SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Certain Leukemia as Specified Cancer.--Section 3621(17) of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(title XXXVI of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106-398); 114 Stat.
1654A-502), as amended by section 2403 of the Supplemental
Appropriations Act, 2001 (Public Law 107-20), is further amended by
adding at the end the following new subparagraph:
``(D) Leukemia (other than chronic lymphocytic
leukemia), if initial occupation exposure occurred
before 21 years of age and onset occurred more than two
years after initial occupational exposure.''.
(b) Additional Members of Special Exposure Cohort.--Section 3626(b)
of that Act (114 Stat. 1654A-505) is amended in the matter preceding
paragraph (1) by inserting after ``Department of Energy facility'' the
following: ``, or at an atomic weapons employer facility,''.
(c) Establishment of Chronic Silicosis.--Section 3627(e)(2)(A) of
that Act (114 Stat. 1654A-506) is amended by striking ``category 1/1''
and inserting ``category 1/0''.
(d) Survivors.--
(1) In general.--Subsection (e) of section 3628 of that Act
(114 Stat. 1654A-506) is amended to read as follows:
``(e) Survivors.--(1) If a covered employee dies before accepting
payment of compensation under this section, whether or not the death is
the result of the covered employee's occupational illness, the
survivors of the covered employee who are living at the time of payment
of compensation under this section shall receive payment of
compensation under this section in lieu of the covered employee as
follows:
``(A) If such living survivors of the covered employee
include a spouse and one or more children--
``(i) the spouse shall receive one-half of the
amount of compensation provided for the covered
employee under this section; and
``(ii) each child shall receive an equal share of
the remaining one-half of the amount of the
compensation provided for the covered employee under
this section.
``(B) If such living survivors of the covered employee
include a spouse or one or more children, but not both a spouse
and one or more children--
``(i) the spouse shall receive the amount of
compensation provided for the covered employee under
this section; or
``(ii) each child shall receive an equal share of
the amount of the compensation provided for the covered
employee under this section.
``(C) If such living survivors of the covered employee do
not include a spouse or any children, but do include one or
both parents, one or more grandparents, one or more
grandchildren, or any combination of such individuals, each
such individual shall receive an equal share of the amount of
the compensation provided for the covered employee under this
section.
``(2) For purposes of this subsection, the term `child', in the
case of a covered employee, means any child of the covered employee,
including a natural child, adopted child, or step-child who lived with
the covered employee in a parent-child relationship.''.
(2) Uranium employees.--Subsection (e) of section 3630 of
that Act (114 Stat. 1654A-507) is amended to read as follows:
``(e) Survivors.--(1) If a covered uranium employee dies before
accepting payment of compensation under this section, whether or not
the death is the result of the covered uranium employee's occupational
illness, the survivors of the covered uranium employee who are living
at the time of payment of compensation under this section shall receive
payment of compensation under this section in lieu of the covered
uranium employee as follows:
``(A) If such living survivors of the covered uranium
employee include a spouse and one or more children--
``(i) the spouse shall receive one-half of the
amount of compensation provided for the covered uranium
employee under this section; and
``(ii) each child shall receive an equal share of
the remaining one-half of the amount of the
compensation provided for the covered uranium employee
under this section.
``(B) If such living survivors of the covered uranium
employee include a spouse or one or more children, but not both
a spouse and one or more children--
``(i) the spouse shall receive the amount of
compensation provided for the covered uranium employee
under this section; or
``(ii) each child shall receive an equal share of
the amount of the compensation provided for the covered
uranium employee under this section.
``(C) If such living survivors of the covered uranium
employee do not include a spouse or any children, but do
include one or both parents, one or more grandparents, one or
more grandchildren, or any combination of such individuals,
each such individual shall receive an equal share of the amount
of the compensation provided for the covered uranium employee
under this section.
``(2) For purposes of this subsection, the term `child', in the
case of a covered uranium employee, means any child of the covered
employee, including a natural child, adopted child, or step-child who
lived with the covered employee in a parent-child relationship.''.
(3) Repeal of superseded provision.--Paragraph (18) of
section 3621 of that Act (114 Stat. 1654A-502) is repealed.
(4) Effective date.--The amendments made by this subsection
shall take effect on July 1, 2001.
(e) Dismissal of Pending Suits.--Section 3645(d) of that Act (114
Stat. 1654A-510) is amended by striking ``the plaintiff shall not'' and
all that follows through the end and inserting ``and was not dismissed
as of the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2002, the plaintiff shall be eligible for
compensation or benefits under subtitle B only if the plaintiff
dismisses such case not later than December 31, 2003.''.
(f) Attorney Fees.--Section 3648 of that Act (114 Stat. 1654A-511)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph (3):
``(3) 10 percent of any compensation paid under the claim
for assisting with or representing a claimant seeking such
compensation by the provision of services other than, or in
addition to, services in connection with the filing of an
initial claim covered by paragraph (1).'';
(2) by redesignating subsection (c) and subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Inapplicability to Services Provided After Award of
Compensation.--This section shall not apply with respect to any
representation or assistance provided to an individual awarded
compensation under subtitle B after the award of compensation.''.
(g) Study of Residual Contamination of Facilities.--(1) The
National Institute for Occupational Safety and Health shall, with the
cooperation of the Department of Energy and the Department of Labor,
conduct a study on the following:
(A) Whether or not significant contamination remained in
any atomic weapons employer facility or facility of a beryllium
vendor after such facility discontinued activities relating to
the production of nuclear weapons.
(B) If so, whether or not such contamination could have
caused or substantially contributed to the cancer of a covered
employee with cancer or a covered beryllium illness, as the
case may be.
(2)(A) Not later than 180 days after the date of the enactment of
this Act, the National Institute for Occupational Safety and Health
shall submit to the congressional defense committees a report on the
progress made as of the date of the report on the study under paragraph
(1).
(B) Not later than one year after the date of the enactment of this
Act, the National Institute shall submit to the congressional defense
committees a final report on the study under paragraph (1).
(3) Amounts for the study under paragraph (1) shall be derived from
amounts authorized to be appropriated by section 3614(a) of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (114
Stat. 1654A-498).
(4) In this subsection:
(A) The terms ``atomic weapons employer facility'',
``beryllium vendor'', ``covered employee with cancer'', and
``covered beryllium illness'' have the meanings given those
terms in section 3621 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (114 Stat. 1654A-498).
(B) The term ``contamination'' means the presence of any
material exposure to which could cause or substantially
contribute to the cancer of a covered employee with cancer or a
covered beryllium illness, as the case may be.
SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Interim Counterintelligence Polygraph Program.--(1) Not later
than 120 days after the date of enactment of this Act, the Secretary of
Energy shall submit to the congressional defense committees a plan for
conducting, as part of the Department of Energy personnel assurance
programs, an interim counterintelligence polygraph program consisting
of polygraph examinations of Department of Energy employees, or
contractor employees, at Department facilities. The purpose of
examinations under the interim program is to minimize the potential for
release or disclosure of classified data, materials, or information
until the program required under subsection (b) is in effect.
(2) The Secretary may exclude from examinations under the interim
program any position or class of positions (as determined by the
Secretary) for which the individual or individuals in such position or
class of positions--
(A) either--
(i) operate in a controlled environment that does
not afford an opportunity, through action solely by the
individual or individuals, to inflict damage on or
impose risks to national security; and
(ii) have duties, functions, or responsibilities
which are compartmentalized or supervised such that the
individual or individuals do not impose risks to
national security; or
(B) do not have routine access to top secret Restricted
Data.
(3) The plan shall ensure that individuals who undergo examinations
under the interim program receive protections as provided under part 40
of title 49, Code of Federal Regulations.
(4) To ensure that administration of the interim program does not
disrupt safe operations of a facility, the plan shall insure
notification of the management of the facility at least 14 days in
advance of any examination scheduled under the interim program for any
employees of the facility.
(5) The plan shall include procedures under the interim program
for--
(A) identifying and addressing so-called ``false positive''
results of polygraph examinations; and
(B) ensuring that adverse personnel actions not be taken
against an individual solely by reason of the individual's
physiological reaction to a question in a polygraph
examination, unless reasonable efforts are first made to
independently determine through alternative means the veracity
of the individual's response to the question.
(b) New Counterintelligence Polygraph Program.--(1) Not later than
six months after obtaining the results of the Polygraph Review, the
Secretary shall prescribe a proposed rule containing requirements for a
counterintelligence polygraph program for the Department of Energy. The
purpose of the program is to minimize the potential for release or
disclosure of classified data, materials, or information.
(2) The Secretary shall prescribe the proposed rule under this
subsection in accordance with the provisions of subchapter II of
chapter 5 of title 5, United States Code (commonly referred to as the
Administrative Procedures Act).
(3) In prescribing the proposed rule under this subsection, the
Secretary may include in requirements under the proposed rule any
requirement or exclusion provided for in paragraphs (2) through (5) of
subsection (a).
(4) In prescribing the proposed rule under this subsection, the
Secretary shall take into account the results of the Polygraph Review.
(c) Repeal of Existing Polygraph Program.--Section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI
of Public Law 106-65; 42 U.S.C. 7383h) is repealed.
(d) Report on Further Enhancement of Personnel Security Program.--
(1) Not later than December 31, 2002, the Administrator for Nuclear
Security shall submit to Congress a report setting forth the
recommendations of the Administrator for any legislative action that
the Administrator considers appropriate in order to enhance the
personnel security program of the Department of Energy.
(2) Any recommendations under paragraph (1) regarding the use of
polygraphs shall take into account the results of the Polygraph Review.
(e) Definitions.--In this section:
(1) The term ``Polygraph Review'' means the review of the
Committee to Review the Scientific Evidence on the Polygraph of
the National Academy of Sciences.
(2) The term ``Restricted Data'' has the meaning given that
term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO
PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
Section 3161(a) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 942; 5 U.S.C. 5597 note)
is amended by striking ``January 1, 2003'' and inserting ``January 1,
2004''.
SEC. 3154. ADDITIONAL OBJECTIVE FOR DEPARTMENT OF ENERGY DEFENSE
NUCLEAR FACILITY WORK FORCE RESTRUCTURING PLAN.
Section 3161(c) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h(c)) is amended by
adding at the end the following new paragraph:
``(7) The Department of Energy should provide assistance to
promote the diversification of the economies of communities in
the vicinity of any Department of Energy defense nuclear
facility that may, as determined by the Secretary, be affected
by a future restructuring of its work force under the plan.''.
SEC. 3155. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS THE
RELIABILITY, SAFETY, AND SECURITY OF THE UNITED STATES
NUCLEAR STOCKPILE.
Section 3159(d) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 42 U.S.C.
2121 note) is amended by striking ``of each year, beginning with
1999,'' and inserting ``of 1999 and 2000, and not later than February
1, 2002,''.
SEC. 3156. REPORTS ON ACHIEVEMENT OF MILESTONES FOR NATIONAL IGNITION
FACILITY.
(a) Notification of Achievement.--The Administrator for Nuclear
Security shall notify the congressional defense committees when the
National Ignition Facility (NIF), Lawrence Livermore National
Laboratory, California, achieves each Level one milestone and Level two
milestone for the National Ignition Facility.
(b) Report on Failure of Timely Achievement.--Not later than 10
days after the date on which the National Ignition Facility fails to
achieve a Level one milestone or Level two milestone for the National
Ignition Facility in a timely manner, the Administrator shall submit to
the congressional defense committees a report on the failure. The
report on a failure shall include--
(1) a statement of the failure of the National Ignition
Facility to achieve the milestone concerned in a timely manner;
(2) an explanation for the failure; and
(3) either--
(A) an estimate when the milestone will be
achieved; or
(B) if the milestone will not be achieved--
(i) a statement that the milestone will not
be achieved;
(ii) an explanation why the milestone will
not be achieved; and
(iii) the implications for the overall
scope, schedule, and budget of the National
Ignition Facility project of not achieving the
milestone.
(c) Milestones.--For purposes of this section, the Level one
milestones and Level two milestones for the National Ignition Facility
are as established in the August 2000 revised National Ignition
Facility baseline document.
SEC. 3157. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
(a) Support in Fiscal Year 2002.--From amounts authorized to be
appropriated or otherwise made available to the Secretary of Energy by
this title--
(1) $6,900,000 shall be available for payment by the
Secretary for fiscal year 2002 to the Los Alamos National
Laboratory Foundation, a not-for-profit educational foundation
chartered in accordance with section 3167(a) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 2052); and
(2) $8,000,000 shall be available for extension of the
contract between the Department of Energy and the Los Alamos
Public Schools through fiscal year 2002.
(b) Support through Fiscal Year 2004.--Subject to the availability
of appropriations for such purposes, the Secretary may--
(1) make a payment for each of fiscal years 2003 and 2004
similar in amount to the payment referred to in subsection
(a)(1) for fiscal year 2002; and
(2) provide for a contract extension through fiscal year
2004 similar to the contract extension referred to in
subsection (a)(2), including the use of an amount for that
purpose in each of fiscal years 2003 and 2004 similar to the
amount available for that purpose in fiscal year 2002 under
that subsection.
(c) Use of Funds.--The Los Alamos National Laboratory Foundation
shall--
(1) use funds provided the Foundation under this section as
a contribution to the endowment fund of the Foundation; and
(2) use the income generated from investments in the
endowment fund that are attributable to payments made under
this section to fund programs to support the educational needs
of children in public schools in the vicinity of Los Alamos
National Laboratory.
(d) Report.--Not later than March 1, 2003, the Administrator for
Nuclear Security shall submit to the congressional defense committees a
report setting for the following:
(1) An evaluation of the requirements for continued
payments after fiscal year 2004 into the endowment fund of the
Los Alamos Laboratory Foundation to enable the Foundation to
meet the goals of the Department of Energy to support the
recruitment and retention of staff at the Los Alamos National
Laboratory.
(2) Recommendations regarding the advisability of any
further direct support after fiscal year 2004 for the Los
Alamos Public Schools.
SEC. 3158. IMPROVEMENTS TO CORRAL HOLLOW ROAD, LIVERMORE, CALIFORNIA.
Of the amounts authorized to be appropriated by section 3101, not
more than $325,000 shall be available to the Secretary of Energy for
safety improvements to Corral Hollow Road adjacent to Site 300 of
Lawrence Livermore National Laboratory, California.
SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF DEPARTMENT
OF ENERGY FACILITIES TO TERRORIST ATTACK.
(a) In General.--Part C of title VI of the Department of Energy
Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the
end the following new section:
``annual assessment and report on vulnerability of facilities to
terrorist attack
``Sec. 663. (a) The Secretary shall, on an annual basis, conduct a
comprehensive assessment of the vulnerability of Department facilities
to terrorist attack.
``(b) Not later than January 31 each year, the Secretary shall
submit to Congress a report on the assessment conducted under
subsection (a) during the preceding year. Each report shall include the
results of the assessment covered by such report, together with such
findings and recommendations as the Secretary considers appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that Act is amended by inserting after the item relating to section 662
the following new item:
``Sec. 663. Annual assessment and report on vulnerability of facilities
to terrorist attack.''.
Subtitle F--Rocky Flats National Wildlife Refuge
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``Rocky Flats National Wildlife
Refuge Act of 2001''.
SEC. 3172. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Federal Government, through the Atomic Energy
Commission, acquired the Rocky Flats site in 1951 and began
operations there in 1952. The site remains a Department of
Energy facility. Since 1992, the mission of the Rocky Flats
site has changed from the production of nuclear weapons
components to cleanup and closure in a manner that is safe,
environmentally and socially responsible, physically secure,
and cost-effective.
(2) The site has generally remained undisturbed since its
acquisition by the Federal Government.
(3) The State of Colorado is experiencing increasing growth
and development, especially in the metropolitan Denver Front
Range area in the vicinity of the Rocky Flats site. That growth
and development reduces the amount of open space and thereby
diminishes for many metropolitan Denver communities the vistas
of the striking Front Range mountain backdrop.
(4) Some areas of the site contain contamination and will
require further response action. The national interest requires
that the ongoing cleanup and closure of the entire site be
completed safely, effectively, and without unnecessary delay
and that the site thereafter be retained by the United States
and managed so as to preserve the value of the site for open
space and wildlife habitat.
(5) The Rocky Flats site provides habitat for many wildlife
species, including a number of threatened and endangered
species, and is marked by the presence of rare xeric tallgrass
prairie plant communities. Establishing the site as a unit of
the National Wildlife Refuge System will promote the
preservation and enhancement of those resources for present and
future generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to provide for the establishment of the Rocky Flats
site as a national wildlife refuge following cleanup and
closure of the site;
(2) to create a process for public input on refuge
management before transfer of administrative jurisdiction to
the Secretary of the Interior; and
(3) to ensure that the Rocky Flats site is thoroughly and
completely cleaned up.
SEC. 3173. DEFINITIONS.
In this subtitle:
(1) Cleanup and closure.--The term ``cleanup and closure''
means the response actions and decommissioning activities being
carried out at Rocky Flats by the Department of Energy under
the 1996 Rocky Flats Cleanup Agreement, the closure plans and
baselines, and any other relevant documents or requirements.
(2) Coalition.--The term ``Coalition'' means the Rocky
Flats Coalition of Local Governments established by the
Intergovernmental Agreement, dated February 16, 1999, among--
(A) the city of Arvada, Colorado;
(B) the city of Boulder, Colorado;
(C) the city of Broomfield, Colorado;
(D) the city of Westminster, Colorado;
(E) the town of Superior, Colorado;
(F) Boulder County, Colorado; and
(G) Jefferson County, Colorado.
(3) Hazardous substance.--The term ``hazardous substance''
means--
(A) any hazardous substance, pollutant, or
contaminant regulated under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.); and
(B) any--
(i) petroleum (including any petroleum
product or derivative);
(ii) unexploded ordnance;
(iii) military munition or weapon; or
(iv) nuclear or radioactive material;
not otherwise regulated as a hazardous substance under
any law in effect on the date of enactment of this Act.
(4) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given the term in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(5) Refuge.--The term ``refuge'' means the Rocky Flats
National Wildlife Refuge established under section 3177.
(6) Response action.--The term ``response action'' has the
meaning given the term ``response'' in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601) or any similar
requirement under State law.
(7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup
Agreement, an intergovernmental agreement, dated July 19, 1996,
among--
(A) the Department of Energy;
(B) the Environmental Protection Agency; and
(C) the Department of Public Health and Environment
of the State of Colorado.
(8) Rocky flats.--
(A) In general.--The term ``Rocky Flats'' means the
Rocky Flats Environmental Technology Site, Colorado, a
defense nuclear facility, as depicted on the map
entitled ``Rocky Flats Environmental Technology Site'',
dated July 15, 1998, and available for inspection in
the appropriate offices of the United States Fish and
Wildlife Service.
(B) Exclusions.--The term ``Rocky Flats'' does not
include--
(i) land and facilities of the Department
of Energy's National Wind Technology Center; or
(ii) any land and facilities not within the
boundaries depicted on the map identified in
subparagraph (A).
(9) Rocky flats trustees.--The term ``Rocky Flats
Trustees'' means the Federal and State of Colorado entities
that have been identified as trustees for Rocky Flats under
section 107(f)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.
(a) Federal Ownership.--Except as expressly provided in this
subtitle or any Act enacted after the date of enactment of this Act,
all right, title, and interest of the United States, held on or
acquired after the date of enactment of this Act, to land or interest
therein, including minerals, within the boundaries of Rocky Flats shall
be retained by the United States.
(b) Lindsay Ranch.--The structures that comprise the former Lindsay
Ranch homestead site in the Rock Creek Reserve area of the buffer zone,
as depicted on the map referred to in section 3173(8), shall be
permanently preserved and maintained in accordance with the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(c) Prohibition on Annexation.--Neither the Secretary nor the
Secretary of the Interior shall allow the annexation of land within the
refuge by any unit of local government.
(d) Prohibition on Through Roads.--Except as provided in subsection
(e), no public road shall be constructed through Rocky Flats.
(e) Transportation Right-of-Way.--
(1) In general.--
(A) Availability of land.--On submission of an
application meeting each of the conditions specified in
paragraph (2), the Secretary, in consultation with the
Secretary of the Interior, shall make available land
along the eastern boundary of Rocky Flats for the sole
purpose of transportation improvements along Indiana
Street.
(B) Boundaries.--Land made available under this
paragraph may not extend more than 300 feet from the
west edge of the Indiana Street right-of-way, as that
right-of-way exists as of the date of enactment of this
Act.
(C) Easement or sale.--Land may be made available
under this paragraph by easement or sale to 1 or more
appropriate entities.
(D) Compliance with applicable law.--Any action
under this paragraph shall be taken in compliance with
applicable law.
(2) Conditions.--An application for land under this
subsection may be submitted by any county, city, or other
political subdivision of the State of Colorado and shall
include documentation demonstrating that--
(A) the transportation project is constructed so as
to minimize adverse effects on the management of Rocky
Flats as a wildlife refuge; and
(B) the transportation project is included in the
regional transportation plan of the metropolitan
planning organization designated for the Denver
metropolitan area under section 5303 of title 49,
United States Code.
SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION
OVER ROCKY FLATS.
(a) In General.--
(1) Memorandum of understanding.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary and the
Secretary of the Interior shall publish in the Federal
Register a draft memorandum of understanding under
which--
(i) the Secretary shall provide for the
subsequent transfer of administrative
jurisdiction over Rocky Flats to the Secretary
of the Interior; and
(ii) the Secretary of the Interior shall
manage natural resources at Rocky Flats until
the date on which the transfer becomes
effective.
(B) Required elements.--
(i) In general.--Subject to clause (ii),
the memorandum of understanding shall--
(I) provide for the division of
responsibilities between the Secretary
and the Secretary of the Interior
necessary to carry out the proposed
transfer of land;
(II) for the period ending on the
date of the transfer--
(aa) provide for the
division of responsibilities
between the Secretary and the
Secretary of the Interior; and
(bb) provide for the
management of the land proposed
to be transferred by the
Secretary of the Interior as a
national wildlife refuge, for
the purposes provided under
section 3177(d)(2);
(III) provide for the annual
transfer of funds from the Secretary to
the Secretary of the Interior for the
management of the land proposed to be
transferred; and
(IV) subject to subsection (b)(1),
identify the land proposed to be
transferred to the Secretary of the
Interior.
(ii) No reduction in funds.--The memorandum
of understanding and the subsequent transfer
shall not result in any reduction in funds
available to the Secretary for cleanup and
closure of Rocky Flats.
(C) Deadline.--Not later than 18 months after the
date of enactment of this Act, the Secretary and
Secretary of the Interior shall finalize and implement
the memorandum of understanding.
(2) Exclusions.--The transfer under paragraph (1) shall not
include the transfer of any property or facility over which the
Secretary retains jurisdiction, authority, and control under
subsection (b)(1).
(3) Condition.--The transfer under paragraph (1) shall
occur--
(A) not earlier than the date on which the
Administrator of the Environmental Protection Agency
certifies to the Secretary and to the Secretary of the
Interior that the cleanup and closure and all response
actions at Rocky Flats have been completed, except for
the operation and maintenance associated with those
actions; but
(B) not later than 30 business days after that
date.
(4) Cost; improvements.--The transfer--
(A) shall be completed without cost to the
Secretary of the Interior; and
(B) may include such buildings or other
improvements as the Secretary of the Interior has
requested in writing for refuge management purposes.
(b) Property and Facilities Excluded From Transfers.--
(1) In general.--The Secretary shall retain jurisdiction,
authority, and control over all real property and facilities at
Rocky Flats that are to be used for--
(A) any necessary and appropriate long-term
operation and maintenance facility to intercept, treat,
or control a radionuclide or any other hazardous
substance, pollutant, or contaminant; and
(B) any other purpose relating to a response action
or any other action that is required to be carried out
at Rocky Flats.
(2) Consultation.--
(A) Identification of property.--
(i) In general.--The Secretary shall
consult with the Secretary of the Interior, the
Administrator of the Environmental Protection
Agency, and the State of Colorado on the
identification of all property to be retained
under this subsection to ensure the continuing
effectiveness of response actions.
(ii) Amendment to memorandum of
understanding.--
(I) In general.--After the
consultation, the Secretary and the
Secretary of the Interior shall by
mutual consent amend the memorandum of
understanding required under subsection
(a) to specifically identify the land
for transfer and provide for
determination of the exact acreage and
legal description of the property to be
transferred by a survey mutually
satisfactory to the Secretary and the
Secretary of the Interior.
(II) Council on environmental
quality.--In the event the Secretary
and the Secretary of the Interior
cannot agree on the land to be retained
or transferred, the Secretary or the
Secretary of the Interior may refer the
issue to the Council on Environmental
Quality, which shall decide the issue
within 45 days of such referral, and
the Secretary and the Secretary of the
Interior shall then amend the
memorandum of understanding required
under subsection (a) in conformity with
the decision of the Council on
Environmental Quality.
(B) Management of property.--
(i) In general.--The Secretary shall
consult with the Secretary of the Interior on
the management of the retained property to
minimize any conflict between the management of
property transferred to the Secretary of the
Interior and property retained by the Secretary
for response actions.
(ii) Conflict.--In the case of any such
conflict, implementation and maintenance of the
response action shall take priority.
(3) Access.--As a condition of the transfer under
subsection (a), the Secretary shall be provided such easements
and access as are reasonably required to carry out any
obligation or address any liability.
(c) Administration.--
(1) In general.--On completion of the transfer under
subsection (a), the Secretary of the Interior shall administer
Rocky Flats in accordance with this subtitle subject to--
(A) any response action or institutional control at
Rocky Flats carried out by or under the authority of
the Secretary under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.); and
(B) any other action required under any other
Federal or State law to be carried out by or under the
authority of the Secretary.
(2) Conflict.--In the case of any conflict between the
management of Rocky Flats by the Secretary of the Interior and
the conduct of any response action or other action described in
subparagraph (A) or (B) of paragraph (1), the response action
or other action shall take priority.
(3) Continuing actions.--Except as provided in paragraph
(1), nothing in this subsection affects any response action or
other action initiated at Rocky Flats on or before the date of
the transfer under subsection (a).
(d) Liability.--
(1) In general.--The Secretary shall retain any obligation
or other liability for land transferred under subsection (a)
under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); or
(B) any other applicable law.
(2) Response actions.--
(A) In general.--The Secretary shall be liable for
the cost of any necessary response actions, including
any costs or claims asserted against the Secretary, for
any release, or substantial threat of release, of a
hazardous substance, if the release, or substantial
threat of release, is--
(i) located on or emanating from land--
(I) identified for transfer by this
section; or
(II) subsequently transferred under
this section;
(ii)(I) known at the time of transfer; or
(II) subsequently discovered; and
(iii) attributable to--
(I) management of the land by the
Secretary; or
(II) the use, management, storage,
release, treatment, or disposal of a
hazardous substance on the land by the
Secretary.
(B) Recovery from third party.--Nothing in this
paragraph precludes the Secretary, on behalf of the
United States, from bringing a cost recovery,
contribution, or other action against a third party
that the Secretary reasonably believes may have
contributed to the release, or substantial threat of
release, of a hazardous substance.
SEC. 3176. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.
(a) Ongoing Cleanup and Closure.--
(1) In general.--The Secretary shall--
(A) carry out to completion cleanup and closure at
Rocky Flats; and
(B) conduct any necessary operation and maintenance
of response actions.
(2) No restriction on use of new technologies.--Nothing in
this subtitle, and no action taken under this subtitle,
restricts the Secretary from using at Rocky Flats any new
technology that may become available for remediation of
contamination.
(b) Rules of Construction.--
(1) No relief from obligations under other law.--
(A) In general.--Nothing in this subtitle, and no
action taken under this subtitle, relieves the
Secretary, the Administrator of the Environmental
Protection Agency, or any other person from any
obligation or other liability with respect to Rocky
Flats under the RFCA or any applicable Federal or State
law.
(B) No effect on rfca.--Nothing in this subtitle
impairs or alters any provision of the RFCA.
(2) Required cleanup levels.--
(A) In general.--Except as provided in subparagraph
(B), nothing in this subtitle affects the level of
cleanup and closure at Rocky Flats required under the
RFCA or any Federal or State law.
(B) No effect from establishment as national
wildlife refuge.--
(i) In general.--The requirements of this
subtitle for establishment and management of
Rocky Flats as a national wildlife refuge shall
not reduce the level of cleanup and closure.
(ii) Cleanup levels.--The Secretary shall
conduct cleanup and closure of Rocky Flats to
the levels established for soil, water, and
other media, following a thorough review, by
the parties to the RFCA and the public
(including the United States Fish and Wildlife
Service and other interested government
agencies), of the appropriateness of the
interim levels in the RFCA.
(3) No effect on obligations for measures to control
contamination.--Nothing in this subtitle, and no action taken
under this subtitle, affects any long-term obligation of the
United States, acting through the Secretary, relating to
funding, construction, monitoring, or operation and maintenance
of--
(A) any necessary intercept or treatment facility;
or
(B) any other measure to control contamination.
(c) Payment of Response Action Costs.--Nothing in this subtitle
affects the obligation of a Federal department or agency that had or
has operations at Rocky Flats resulting in the release or threatened
release of a hazardous substance or pollutant or contaminant to pay the
costs of response actions carried out to abate the release of, or clean
up, the hazardous substance or pollutant or contaminant.
(d) Consultation.--In carrying out a response action at Rocky
Flats, the Secretary shall consult with the Secretary of the Interior
to ensure that the response action is carried out in a manner that--
(1) does not impair the attainment of the goals of the
response action; but
(2) minimizes, to the maximum extent practicable, adverse
effects of the response action on the refuge.
SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.
(a) Establishment.--Not later than 30 days after the transfer of
jurisdiction under section 3175(a), the Secretary of the Interior shall
establish at Rocky Flats a national wildlife refuge to be known as the
``Rocky Flats National Wildlife Refuge''.
(b) Composition.--The refuge shall consist of the real property
subject to the transfer of administrative jurisdiction under section
3175(a)(1).
(c) Notice.--The Secretary of the Interior shall publish in the
Federal Register a notice of the establishment of the refuge.
(d) Administration and Purposes.--
(1) In general.--The Secretary of the Interior shall manage
the refuge in accordance with applicable law, including this
subtitle, the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.), and the purposes
specified in that Act.
(2) Refuge purposes.--At the conclusion of the transfer
under section 3175(a)(3), the refuge shall be managed for the
purposes of--
(A) restoring and preserving native ecosystems;
(B) providing habitat for, and population
management of, native plants and migratory and resident
wildlife;
(C) conserving threatened and endangered species
(including species that are candidates for listing
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.)); and
(D) providing opportunities for compatible,
wildlife-dependent environmental scientific research.
(3) Management.--In managing the refuge, the Secretary
shall ensure that wildlife-dependent recreation and
environmental education and interpretation are the priority
public uses of the refuge.
SEC. 3178. COMPREHENSIVE CONSERVATION PLAN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in developing a comprehensive conservation plan
in accordance with section 4(e) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(e)), the Secretary of the
Interior, in consultation with the Secretary, the members of the
Coalition, the Governor of the State of Colorado, and the Rocky Flats
Trustees, shall establish a comprehensive planning process that
involves the public and local communities.
(b) Other Participants.--In addition to the entities specified in
subsection (a), the comprehensive planning process shall include the
opportunity for direct involvement of entities not members of the
Coalition as of the date of enactment of this Act, including the Rocky
Flats Citizens' Advisory Board and the cities of Thornton, Northglenn,
Golden, Louisville, and Lafayette, Colorado.
(c) Dissolution of Coalition.--If the Coalition dissolves, or if
any Coalition member elects to leave the Coalition during the
comprehensive planning process under this section--
(1) the comprehensive planning process under this section
shall continue; and
(2) an opportunity shall be provided to each entity that is
a member of the Coalition as of September 1, 2000, for direct
involvement in the comprehensive planning process.
(d) Contents.--In addition to the requirements under section 4(e)
of the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd(e)), the comprehensive conservation plan required by this
section shall address and make recommendations on the following:
(1) The identification of any land described in section
3174(e) that could be made available for transportation
purposes.
(2) The potential for leasing any land in Rocky Flats for
the National Renewable Energy Laboratory to carry out projects
relating to the National Wind Technology Center.
(3) The characteristics and configuration of any perimeter
fencing that may be appropriate or compatible for cleanup and
closure, refuge, or other purposes.
(4) The feasibility of locating, and the potential location
for, a visitor and education center at the refuge.
(5) Any other issues relating to Rocky Flats.
(e) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of the Interior shall submit to the Committee
on Armed Services of the Senate and the Committee on Resources of the
House of Representatives--
(1) the comprehensive conservation plan prepared under this
section; and
(2) a report that--
(A) outlines the public involvement in the
comprehensive planning process; and
(B) to the extent that any input or recommendation
from the comprehensive planning process is not
accepted, clearly states the reasons why the input or
recommendation is not accepted.
SEC. 3179. PROPERTY RIGHTS.
(a) In General.--Except as provided in subsection (c), nothing in
this subtitle limits any valid, existing property right at Rocky Flats
that is owned by any person or entity, including, but not limited to--
(1) any mineral right;
(2) any water right or related easement; and
(3) any facility or right-of-way for a utility.
(b) Access.--Except as provided in subsection (c), nothing in this
subtitle affects any right of an owner of a property right described in
subsection (a) to access the owner's property.
(c) Reasonable Conditions.--
(1) In general.--The Secretary or the Secretary of the
Interior may impose such reasonable conditions on access to
property rights described in subsection (a) as are appropriate
for the cleanup and closure of Rocky Flats and for the
management of the refuge.
(2) No effect on applicable law.--Nothing in this subtitle
affects any other applicable Federal, State, or local law
(including any regulation) relating to the use, development,
and management of property rights described in subsection (a).
(3) No effect on access rights.--Nothing in this subsection
precludes the exercise of any access right, in existence on the
date of enactment of this Act, that is necessary to perfect or
maintain a water right in existence on that date.
(d) Purchase of Mineral Rights.--
(1) In general.--The Secretary shall seek to acquire any
and all mineral rights at Rocky Flats through donation or
through purchase or exchange from willing sellers for fair
market value.
(2) Funding.--The Secretary and the Secretary of the
Interior--
(A) may use for the purchase of mineral rights
under paragraph (1) funds specifically provided by
Congress; but
(B) shall not use for such purchase funds
appropriated by Congress for the cleanup and closure of
Rocky Flats.
(e) Utility Extension.--
(1) In general.--The Secretary or the Secretary of the
Interior may allow not more than one extension from an existing
utility right-of-way on Rocky Flats, if necessary.
(2) Conditions.--An extension under paragraph (1) shall be
subject to the conditions specified in subsection (c).
(f) Easement Surveys.--
(1) In general.--Subject to paragraph (2), until the date
that is 180 days after the date of enactment of this Act, an
entity that possesses a decreed water right or prescriptive
easement relating to land at Rocky Flats may carry out such
surveys at Rocky Flats as the entity determines are necessary
to perfect the right or easement.
(2) Limitation on conditions.--An activity carried out
under paragraph (1) shall be subject only to such conditions as
are imposed--
(A) by the Secretary of Energy, before the date on
which the transfer of management responsibilities under
section 3175(a)(3) is completed, to minimize
interference with the cleanup and closure of Rocky
Flats; and
(B) by the Secretary of the Interior, on or after
the date on which the transfer of management
responsibilities under section 3175(a)(3) is completed,
to minimize adverse effects on the management of the
refuge.
SEC. 3180. ROCKY FLATS MUSEUM.
(a) Museum.--In order to commemorate the contribution that Rocky
Flats and its worker force provided to the winning of the Cold War and
the impact that the contribution has had on the nearby communities and
the State of Colorado, the Secretary may establish a Rocky Flats
Museum.
(b) Location.--The Rocky Flats Museum shall be located in the city
of Arvada, Colorado, unless, after consultation under subsection (c),
the Secretary determines otherwise.
(c) Consultation.--The Secretary shall consult with the city of
Arvada, other local communities, and the Colorado State Historical
Society on--
(1) the development of the museum;
(2) the siting of the museum; and
(3) any other issues relating to the development and
construction of the museum.
(d) Report.--Not later than three years after the date of enactment
of this Act, the Secretary, in coordination with the city of Arvada,
shall submit to the Committee on Armed Services of the Senate and the
appropriate committee of the House of Representatives a report on the
costs associated with the construction of the museum and any other
issues relating to the development and construction of the museum.
SEC. 3181. REPORT ON FUNDING.
At the time of submission of the first budget of the United States
Government submitted by the President under section 1105 of title 31,
United States Code, after the date of enactment of this Act, and
annually thereafter, the Secretary and the Secretary of the Interior
shall report to the Committee on Armed Services and the Committee on
Appropriations of the Senate and the appropriate committees of the
House of Representatives on--
(1) the costs incurred in implementing this subtitle during
the preceding fiscal year; and
(2) the funds required to implement this subtitle during
the current and subsequent fiscal years.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2002,
$18,500,000 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.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN THE NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to the conditions specified in
subsection (b), the President may dispose of obsolete and excess
materials currently contained in the National Defense Stockpile
provided for in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c). The materials subject to disposal under
this subsection and the quantity of each material authorized to be
disposed of by the President are set forth in the following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Bauxite................................... 40,000 short tons
Chromium Metal............................ 3,512 short tons
Iridium................................... 25,140 troy ounces
Jewel Bearings............................ 30,273,221 pieces
Manganese Ferro HC........................ 209,074 short tons
Palladium................................. 11 troy ounces
Quartz Crystal............................ 216,648 pounds
Tantalum Metal Ingot...................... 120,228 pounds contained
Tantalum Metal Powder..................... 36,020 pounds contained
Thorium Nitrate........................... 600,000 pounds.
------------------------------------------------------------------------
(b) Minimization of Disruption and Loss.--The President may not
dispose of materials under subsection (a) to the extent that the
disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(c) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is
in addition to, and shall not affect, any other disposal authority
provided by law regarding the materials specified in such subsection.
SEC. 3302. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF COBALT IN
THE NATIONAL DEFENSE STOCKPILE.
(a) Public Law 105-261.--Section 3303 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (112 Stat.
2263; 50 U.S.C. 98d note) is amended--
(1) in subsection (a), by striking ``the amount of--'' and
inserting ``total amounts not less
than--''; and
(2) in subsection (b)(2), by striking ``receipts in the
amounts specified in subsection (a)'' and inserting ``receipts
in the total amount specified in such subsection (a)(4)''.
(b) Public Law 105-85.--Section 3305 of the National Defense
Authorization Act for Fiscal Year 1998 (111 Stat. 2057; 50 U.S.C. 98d
note) is amended--
(1) in subsection (a), by striking ``amounts equal to--''
and inserting ``total amounts not less than--''; and
(2) in subsection (b)(2)--
(A) by striking ``may not dispose of cobalt under
this section'' and inserting ``may not, under this
section, dispose of cobalt in the fiscal year referred
to in subsection (a)(5)''; and
(B) by striking ``receipts in the amounts specified
in subsection (a)'' and inserting ``receipts during
that fiscal year in the total amount specified in such
subsection (a)(5)''.
(c) Public Law 104-201.--Section 3303 of the National Defense
Authorization Act for Fiscal Year 1997 (110 Stat. 2855; 50 U.S.C. 98d
note) is amended--
(1) in subsection (a), by striking ``amounts equal to--''
and inserting ``total amounts not less than--''; and
(2) in subsection (b)(2)--
(A) by striking ``may not dispose of materials
under this section'' and inserting ``may not, under
this section, dispose of materials during the 10-fiscal
year period referred to in subsection (a)(2)''; and
(B) by striking ``receipts in the amounts specified
in subsection (a)'' and inserting ``receipts during
that period in the total amount specified in such
subsection (a)(2)''.
SEC. 3303. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN THE NATIONAL
DEFENSE STOCKPILE.
Section 3305(a) of the National Defense Authorization Act for
Fiscal Year 1998 (111 Stat. 2057; 50 U.S.C. 98d note) is amended--
(1) in paragraph (1), by striking ``2003'' and inserting
``2002'';
(2) in paragraph (1), by striking ``2004'' and inserting
``2003'';
(3) in paragraph (1), by striking ``2005'' and inserting
``2004'';
(4) in paragraph (1), by striking ``2006'' and inserting
``2005''; and
(5) in paragraph (1), by striking ``2007'' and inserting
``2006''.
SEC. 3304. REVISION OF RESTRICTION ON DISPOSAL OF MANGANESE FERRO.
Section 3304 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 629) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Disposal of Lower Grade
Material First.--The President'' and inserting ``During
fiscal year 2002, the President''; and
(B) in the first sentence, by striking ``, until
completing the disposal of all manganese ferro in the
National Defense Stockpile that does not meet such
classification''; and
(2) by striking subsections (b) and (c).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Secretary of Energy $17,371,000 for fiscal year
2002 for the purpose of carrying out activities under chapter 641 of
title 10, United States Code, relating to the naval petroleum reserves
(as defined in section 7420(2) of such title).
(b) Availability.--The amount authorized to be appropriated by
subsection (a) shall remain available until expended.
Passed the Senate October 2, 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 1417
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2002 for defense activities
of the Department of Energy, and for other purposes.