[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2517 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 373
107th CONGRESS
  2d Session
                                S. 2517

To authorize appropriations for fiscal year 2003 for defense activities 
          of the Department of Energy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 15 (legislative day, May 9), 2002

Mr. Levin, from the Committee on Armed Services, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for fiscal year 2003 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 2003''.

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 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. Availability of funds for environmental management cleanup 
                            reform.
Sec. 3132. Robust Nuclear Earth Penetrator.
Sec. 3133. Database to track notification and resolution phases of 
                            Significant Finding Investigations.
Sec. 3134. Requirements for specific request for new or modified 
                            nuclear weapons.
Sec. 3135. Requirement for authorization by law for funds obligated or 
                            expended for Department of Energy national 
                            security activities.
Sec. 3136. Limitation on availability of funds for program to eliminate 
                            weapons grade plutonium production in 
                            Russia.
                   Subtitle D--Proliferation Matters

Sec. 3151. Administration of program to eliminate weapons grade 
                            plutonium production in Russia.
Sec. 3152. Security of nuclear materials and facilities worldwide.
Sec. 3153. Repeal of requirement for reports on obligation of funds for 
                            programs on fissile materials in Russia.
Sec. 3154. Expansion of annual reports on status of nuclear materials 
                            protection, control, and accounting 
                            programs.
                       Subtitle E--Other Matters

Sec. 3161. Indemnification of Department of Energy contractors.
Sec. 3162. Worker health and safety rules for Department of Energy 
                            facilities.
Sec. 3163. One-year extension of authority of Department of Energy to 
                            pay voluntary separation incentive 
                            payments.
Sec. 3164. Support for public education in the vicinity of Los Alamos 
                            National Laboratory, New Mexico.
Subtitle F--Disposition of Weapons-Usable Plutonium at Savannah River, 
                             South Carolina

Sec. 3181. Findings.
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River 
                            Site.
Sec. 3183. Study of facilities for storage of plutonium and plutonium 
                            materials at Savannah River Site.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. Authorization of appropriations for the formerly used sites 
                            remedial action program of the Corps of 
                            Engineers.

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.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2003 for the activities of the National Nuclear 
Security Administration in carrying out programs necessary for national 
security in the amount of $8,160,043,000, to be allocated as follows:
            (1) Weapons activities.--For weapons activities, 
        $5,988,188,000, to be allocated as follows:
                    (A) For directed stockpile work, $1,218,967,000.
                    (B) For campaigns, $2,090,528,000, to be allocated 
                as follows:
                            (i) For operation and maintenance, 
                        $1,740,983,000.
                            (ii) For construction, $349,545,000, to be 
                        allocated as follows:
                                    Project 01-D-101, distributed 
                                information systems laboratory, Sandia 
                                National Laboratories, Livermore, 
                                California, $13,305,000.
                                    Project 00-D-103, terascale 
                                simulation facility, Lawrence Livermore 
                                National Laboratory, Livermore, 
                                California, $35,030,000.
                                    Project 00-D-107, joint 
                                computational engineering laboratory, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $7,000,000.
                                    Project 98-D-125, tritium 
                                extraction facility, Savannah River 
                                Plant, Aiken, South Carolina, 
                                $70,165,000.
                                    Project 96-D-111, national ignition 
                                facility (NIF), Lawrence Livermore 
                                National Laboratory, Livermore, 
                                California, $224,045,000.
                    (C) For readiness in technical base and facilities, 
                $1,735,129,000, to be allocated as follows:
                            (i) For operation and maintenance, 
                        $1,464,783,000.
                            (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), $270,346,000, to be allocated 
                        as follows:
                                    Project 03-D-101, Sandia 
                                underground reactor facility (SURF), 
                                Sandia National Laboratory, Livermore, 
                                California, $2,000,000.
                                    Project 03-D-103, project 
                                engineering and design (PED), various 
                                locations, $17,839,000.
                                    Project 03-D-121, gas transfer 
                                capacity expansion, Kansas City Plant, 
                                Kansas City, Missouri, $4,000,000.
                                    Project 03-D-122, purification 
                                prototype facility, Y-12 Plant, Oak 
                                Ridge, Tennessee, $20,800,000.
                                    Project 03-D-123, special nuclear 
                                material component requalification 
                                facility, Pantex Plant, Amarillo, 
                                Texas, $3,000,000
                                    Project 02-D-103, project 
                                engineering and design (PED), various 
                                locations, $24,945,000.
                                    Project 02-D-105, engineering 
                                technology complex upgrade, Lawrence 
                                Livermore National Laboratory, 
                                Livermore, California, $10,000,000.
                                    Project 02-D-107, electrical power 
                                systems safety communications and bus 
                                upgrades, Nevada Test Site, Nevada, 
                                $7,500,000.
                                    Project 01-D-103, project 
                                engineering and design (PED), various 
                                locations, $6,164,000.
                                    Project 01-D-107, Atlas relocation, 
                                Nevada Test Site, Nevada, $4,123,000.
                                    Project 01-D-108, microsystems and 
                                engineering sciences applications 
                                (MESA), Sandia National Laboratories, 
                                Albuquerque, New Mexico, $75,000,000.
                                    Project 01-D-124, HEU storage 
                                facility, Y-12 Plant, Oak Ridge, 
                                Tennessee, $25,000,000.
                                    Project 01-D-126, weapons 
                                evaluation test laboratory, Pantex 
                                Plant, Amarillo, Texas, $8,650,000.
                                    Project 01-D-800, sensitive 
                                compartmented information facility, 
                                Lawrence Livermore National Laboratory, 
                                Livermore, California, $9,611,000.
                                    Project 99-D-103, isotope sciences 
                                facilities, Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $4,011,000.
                                    Project 99-D-104, protection of 
                                real property (roof reconstruction, 
                                phase II), Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $5,915,000.
                                    Project 99-D-127, stockpile 
                                management restructuring initiative, 
                                Kansas City Plant, Kansas City, 
                                Missouri, $29,900,000.
                                    Project 99-D-128, stockpile 
                                management restructuring initiative, 
                                Pantex Plant, Amarillo, Texas, 
                                $407,000.
                                    Project 98-D-123, stockpile 
                                management restructuring initiative, 
                                tritium facility modernization and 
                                consolidation, Savannah River Plant, 
                                Aiken, South Carolina, $10,481,000.
                                    Project 96-D-102, stockpile 
                                stewardship facilities revitalization, 
                                Phase VI, various locations, 
                                $1,000,000.
                    (C) For secure transportation asset, $157,083,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $102,578,000.
                            (ii) For program direction, $54,505,000.
                    (D) For safeguards and security, $574,954,000, to 
                be allocated as follows:
                            (i) For operation and maintenance, 
                        $566,054,000.
                            (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), $8,900,000, to be allocated 
                        as follows:
                                    Project 99-D-132, stockpile 
                                management restructuring initiative, 
                                nuclear material safeguards and 
                                security upgrades project, Los Alamos 
                                National Laboratory, Los Alamos, New 
                                Mexico, $8,900,000.
                    (E) For facilities and infrastructure, 
                $242,512,000.
            (2) Defense nuclear nonproliferation.--For defense nuclear 
        nonproliferation activities, $1,129,130,000, to be allocated as 
        follows:
                    (A) For operation and maintenance, $1,037,130,000, 
                to be allocated as follows:
                            (i) For nonproliferation and verification 
                        research and development, $298,907,000.
                            (ii) For nonproliferation programs, 
                        $446,223,000.
                            (iii) For fissile materials, $292,000,000.
                    (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), $156,000,000, to be 
                allocated as follows:
                            Project 01-D-407, highly enriched uranium 
                        blend-down, Savannah River Site, Aiken, South 
                        Carolina, $30,000,000.
                            Project 99-D-141, pit disassembly and 
                        conversion facility, Savannah River Site, 
                        Aiken, South Carolina, $33,000,000.
                            Project 99-D-143, mixed oxide fuel 
                        fabrication facility, Savannah River Site, 
                        Aiken, South Carolina, $93,000,000.
            (3) Naval reactors.--For naval reactors, $707,020,000, to 
        be allocated as follows:
                    (A) For naval reactors development, $682,590,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $671,290,000.
                            (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), $11,300,000, to be allocated 
                        as follows:
                                    Project 03-D-201, cleanroom 
                                technology facility, Bettis Atomic 
                                Power Laboratory, West Mifflin, 
                                Pennsylvania, $7,200,000.
                                    Project 01-D-200, major office 
                                replacement building, Schenectady, New 
                                York, $2,100,000.
                                    Project 90-N-102, expended core 
                                facility dry cell project, Naval 
                                Reactors Facility, Idaho, $2,000,000.
                    (B) For program direction, $24,430,000.
            (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 and secure 
        transportation asset), $335,705,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2003 for environmental management activities in 
carrying out programs necessary for national security in the amount of 
$6,710,774,000, 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), $1,109,314,000.
            (2) Site/project completion.--For site completion and 
        project completion in carrying out environmental management 
        activities necessary for national security programs, 
        $793,950,000, to be allocated as follows:
                    (A) For operation and maintenance, $779,706,000.
                    (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), $14,244,000, to be 
                allocated as follows:
                            Project 02-D-402, Intec cathodic protection 
                        system expansion, Idaho National Engineering 
                        and Environmental Laboratory, Idaho Falls, 
                        Idaho, $1,119,000.
                            Project 02-D-420, plutonium stabilization 
                        and packaging, Savannah River Site, Aiken, 
                        South Carolina, $2,000,000.
                            Project 01-D-414, project engineering and 
                        design (PED), various locations, $5,125,000.
                            Project 86-D-103, decontamination and waste 
                        treatment facility, Lawrence Livermore National 
                        Laboratory, Livermore, California, $6,000,000.
            (3) Post-2006 completion.--For post-2006 completion in 
        carrying out environmental restoration and waste management 
        activities necessary for national security programs, 
        $2,617,199,000, to be allocated as follows:
                    (A) For operation and maintenance, $1,704,341,000.
                    (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), $14,870,000, to be 
                allocated as follows:
                            Project 93-D-187, high-level waste removal 
                        from filled waste tanks, Savannah River Site, 
                        Aiken, South Carolina, $14,870,000.
                    (C) For the Office of River Protection in carrying 
                out environmental restoration and waste management 
                activities necessary for national security programs, 
                $897,988,000, to be allocated as follows:
                            (i) For operation and maintenance, 
                        $226,256,000.
                            (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), $671,732,000, to be allocated 
                        as follows:
                                    Project 03-D-403, immobilized high-
                                level waste interim storage facility, 
                                Richland, Washington, $6,363,000.
                                    Project 01-D-416, waste treatment 
                                and immobilization plant, Richland, 
                                Washington, $619,000,000.
                                    Project 97-D-402, tank farm 
                                restoration and safe operations, 
                                Richland, Washington, $25,424,000.
                                    Project 94-D-407, initial tank 
                                retrieval systems, Richland, 
                                Washington, $20,945,000.
            (4) Science and technology development.--For science and 
        technology development in carrying out environmental management 
        activities necessary for national security programs, 
        $92,000,000.
            (5) Excess facilities.--For excess facilities in carrying 
        out environmental management activities necessary for national 
        security programs, $1,300,000.
            (6) Safeguards and security.--For safeguards and security 
        in carrying out environmental management activities necessary 
        for national security programs, $278,260,000.
            (7) Uranium enrichment decontamination and decommissioning 
        fund.--For contribution to the Uranium Enrichment 
        Decontamination and Decommissioning Fund under chapter 28 of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2297g et seq.), 
        $441,000,000.
            (8) Environmental management cleanup reform.--For 
        accelerated environmental restoration and waste management 
        activities, $1,000,000,000.
            (9) Program direction.--For program direction in carrying 
        out environmental restoration and waste management activities 
        necessary for national security programs, $396,098,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2003 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$489,883,000, to be allocated as follows:
            (1) Intelligence.--For intelligence, $43,559,000.
            (2) Counterintelligence.--For counterintelligence, 
        $48,083,000.
            (3) Office of security.--For the Office of Security for 
        security, $252,218,000, to be allocated as follows:
                    (A) For nuclear safeguards and security, 
                $156,102,000.
                    (B) For security investigations, $45,870,000.
                    (C) For program direction, $50,246,000.
            (4) Independent oversight and performance assurance.--For 
        independent oversight and performance assurance, $22,615,000.
            (5) Office of environment, safety, and health.--For the 
        Office of Environment, Safety, and Health, $104,910,000, to be 
        allocated as follows:
                    (A) For environment, safety, and health (defense), 
                $86,892,000.
                    (B) For program direction, $18,018,000.
            (6) Worker and community transition assistance.--For worker 
        and community transition assistance, $25,774,000, to be 
        allocated as follows:
                    (A) For worker and community transition, 
                $22,965,000.
                    (B) For program direction, $2,809,000.
            (7) Office of hearings and appeals.--For the Office of 
        Hearings and Appeals, $3,136,000.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2003 for privatization initiatives in carrying 
out environmental restoration and waste management activities necessary 
for national security programs in the amount of $158,399,000, to be 
allocated as follows:
            Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
        Falls, Idaho, $53,399,000.
            Project 97-PVT-2, advanced mixed waste treatment project, 
        Idaho Falls, Idaho, $105,000,000.

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2003 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 $215,000,000.

                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) 115 percent of the amount authorized for that 
                program by this title; or
                    (B) $5,000,000 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) Authority.--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 provide a brief description of each minor construction project 
covered by the report.
    (c) Cost Variation Reports to Congressional Committees.--If, at any 
time during the construction of any minor construction project 
authorized by this title, the estimated cost of the project is revised 
and the revised cost of the project exceeds $5,000,000, the Secretary 
shall immediately submit to the congressional defense committees a 
report explaining the reasons for the cost variation.
    (d) 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 section 3101, 3102, or 3103, or which is in 
support of national security programs of the Department of Energy and 
was authorized by any previous Act, exceeds by more than 25 percent the 
higher of--
            (A) the amount authorized for the project; or
            (B) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to 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.
    (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 that 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--
            (A) to address a risk to health, safety, or the 
        environment; or
            (B) 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.
                    (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 that 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, 2002, and ending on September 
30, 2003.

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 that 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--
            (A) is necessary to address a risk to health, safety, or 
        the environment; or
            (B) will result in cost savings and efficiencies.
    (4) A transfer may not be carried out by a manager of a field 
office under subsection (a) to cover a cost overrun or scheduling delay 
for any program or project.
    (5) 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 
                section 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 that 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, 2002, and ending on September 
30, 2003.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. AVAILABILITY OF FUNDS FOR ENVIRONMENTAL MANAGEMENT CLEANUP 
              REFORM.

    (a) Limitation on Availability for Environmental Management Cleanup 
Reform.--None of the funds authorized to be appropriated by section 
3102(8) for the Department of Energy for environmental management 
cleanup reform may be obligated or expended until the Secretary of 
Energy--
            (1) publishes in the Federal Register, and submits to the 
        congressional defense committees, a report setting forth 
        criteria established by the Secretary--
                    (A) for selecting the projects that will receive 
                funding using such funds; and
                    (B) for setting priorities among the projects 
                selected under subparagraph (A); or
            (2) notifies the congressional defense committees that the 
        criteria described by paragraph (1) will not be established.
    (b) Requirements Regarding Establishment of Criteria.--Before 
establishing criteria, if any, under subsection (a)(1), the Secretary 
shall publish a proposal for such criteria in the Federal Register, and 
shall provide a period of 45 days for public notice and comment on the 
proposal.
    (c) Availability of Funds if Criteria Are Not Established.--(1) If 
the Secretary exercises the authority under subsection (a)(2), the 
Secretary shall reallocate the funds referred to in subsection (a) 
among sites that received funds during fiscal year 2002 for defense 
environmental restoration and waste management activities under section 
3102 of the National Defense Authorization Act for Fiscal Year 2002 
(Public Law 107-197; 115 Stat. 1358).
    (2) The amount of funds referred to in subsection (a) that are 
allocated under paragraph (1) to a site described in that paragraph 
shall bear the same ratio to the amount of funds referred to in 
subsection (a) as the amount of funds received by such site during 
fiscal year 2002 under section 3102 of the National Defense 
Authorization Act for Fiscal Year 2002 bears to the total amount of 
funds made available to all sites during fiscal year 2002 under that 
section.
    (3) No funds allocated under paragraph (1) may be obligated or 
expended until 30 days after the Secretary submits to the congressional 
defense committee a list of the projects at each site allocated funds 
under that paragraph, and the amount of such funds to be provided to 
each such project at each such site.
    (4) Funds referred to in subsection (a) may not be obligated or 
expended for any site that was not funded in fiscal year 2002 from 
amounts available to the Department of Energy under title XXXI of the 
National Defense Authorization Act for Fiscal Year 2002.

SEC. 3132. ROBUST NUCLEAR EARTH PENETRATOR.

    Not later than February 3, 2003, the Secretary of Defense shall, in 
consultation with the Secretary of Energy, submit to the congressional 
defense committees a report on the Robust Nuclear Earth Penetrator 
(RNEP). The report shall set forth--
            (1) the military requirements for the Robust Nuclear Earth 
        Penetrator;
            (2) the nuclear weapons employment policy regarding the 
        Robust Nuclear Earth Penetrator;
            (3) a detailed description of the categories or types of 
        targets that the Robust Nuclear Earth Penetrator is designed to 
        hold at risk; and
            (4) an assessment of the ability of conventional weapons to 
        address the same categories and types of targets described 
        under paragraph (3).

SEC. 3133. DATABASE TO TRACK NOTIFICATION AND RESOLUTION PHASES OF 
              SIGNIFICANT FINDING INVESTIGATIONS.

    (a) Availability of Funds for Database.--Amounts authorized to be 
appropriated by section 3101(1) for the National Nuclear Security 
Administration for weapons activities shall be available to the Deputy 
Administrator for Nuclear Security for Defense Programs for the 
development and implementation of a database for all national security 
laboratories to track the notification and resolution phases of 
Significant Finding Investigations (SFIs). The purpose of the database 
is to facilitate the monitoring of the progress and accountability of 
the national security laboratories in Significant Finding 
Investigations.
    (b) Implementation Deadline.--The database required by subsection 
(a) shall be implemented not later than September 30, 2003.
    (c) National Security Laboratory Defined.--In this section, the 
term ``national security laboratory'' has the meaning given that term 
in section 3281(1) of the National Nuclear Security Administration Act 
(title XXXII of Public Law 106-65; 113 Stat. 968; 50 U.S.C. 2471(1)).

SEC. 3134. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED 
              NUCLEAR WEAPONS.

    (a) Requirement for Request for Funds for Development.--(1) In any 
fiscal year after fiscal year 2002 in which the Secretary of Energy 
plans to carry out activities described in paragraph (2) relating to 
the development of a new nuclear weapon or modified nuclear weapon, the 
Secretary shall specifically request funds for such activities in the 
budget of the President for that fiscal year under section 1105(a) of 
title 31, United States Code.
    (2) The activities described in this paragraph are as follows:
            (A) The conduct, or provision for conduct, of research and 
        development which could lead to the production of a new nuclear 
        weapon by the United States.
            (B) The conduct, or provision for conduct, of engineering 
        or manufacturing to carry out the production of a new nuclear 
        weapon by the United States.
            (C) The conduct, or provision for conduct, of research and 
        development which could lead to the production of a modified 
        nuclear weapon by the United States.
            (D) The conduct, or provision for conduct, of engineering 
        or manufacturing to carry out the production of a modified 
        nuclear weapon by the United States.
    (b) Budget Request Format.--The Secretary shall include in a 
request for funds under subsection (a) the following:
            (1) In the case of funds for activities described in 
        subparagraph (A) or (C) of subsection (a)(2), a dedicated line 
        item for each such activity for a new nuclear weapon or 
        modified nuclear weapons that is in phase 1 or 2A or phase 6.1 
        or 6.2A, as the case may be, of the nuclear weapons acquisition 
        process.
            (2) In the case of funds for activities described in 
        subparagraph (B) or (D) of subsection (a)(2), a dedicated line 
        item for each such activity for a new nuclear weapon or 
        modified nuclear weapon that is in phase 3 or higher or phase 
        6.3 or higher, as the case may be, of the nuclear weapons 
        acquisition process.
    (c) Exception.--Subsections (a) shall not apply to funds for 
purposes of conducting, or providing for the conduct of, research and 
development, or manufacturing and engineering, determined by the 
Secretary to be necessary--
            (1) for the nuclear weapons life extension program;
            (2) to modify an existing nuclear weapon solely to address 
        safety or reliability concerns; or
            (3) to address proliferation concerns.
    (d) Construction With Prohibition on Research and Development on 
Low-Yield Nuclear Weapons.--Nothing in this section may be construed to 
modify, repeal, or in any way affect the provisions of section 3136 of 
the National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1946; 42 U.S.C. 2121 note), relating to prohibitions 
on research and development on low-yield nuclear weapons.
    (e) Definitions.--In this section:
            (1) The term ``life extension program'' means the program 
        to repair or replace non-nuclear components, or to modify the 
        pit or canned subassembly, of nuclear weapons in the nuclear 
        weapons stockpile on the date of the enactment of this Act in 
        order to assure that such nuclear weapons retain the ability to 
        meet the military requirements applicable to such nuclear 
        weapons when first placed in the nuclear weapons stockpile.
            (2) The term ``modified nuclear weapon'' means a nuclear 
        weapon that contains a pit or canned subassembly, either of 
        which--
                    (A) is in the nuclear weapons stockpile as of the 
                date of the enactment of this Act; and
                    (B) is being modified in order to meet a military 
                requirement that is other than the military 
                requirements applicable to such nuclear weapon when 
                first placed in the nuclear weapons stockpile.
            (3) The term ``new nuclear weapon'' means a nuclear weapon 
        that contains a pit or canned subassembly, either of which is 
        neither--
                    (A) in the nuclear weapons stockpile on the date of 
                the enactment of this Act; nor
                    (B) in production as of that date.

SEC. 3135. REQUIREMENT FOR AUTHORIZATION BY LAW FOR FUNDS OBLIGATED OR 
              EXPENDED FOR DEPARTMENT OF ENERGY NATIONAL SECURITY 
              ACTIVITIES.

    Section 660 of the Department of Energy Organization Act (42 U.S.C. 
7270) is amended--
            (1) by inserting ``(a)'' before ``Appropriations''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) No funds for the Department may be obligated or expended 
for--
            ``(A) national security programs and activities of the 
        Department; or
            ``(B) activities under the Atomic Energy Act of 1954 (42 
        U.S.C. 2012 et seq.);
unless funds therefor have been specifically authorized by law.
    ``(2) Nothing in paragraph (1) may be construed to preclude the 
requirement under subsection (a), or under any other provision of law, 
for an authorization of appropriations for programs and activities of 
the Department (other than programs and activities covered by that 
paragraph) as a condition to the obligation and expenditure of funds 
for programs and activities of the Department (other than programs and 
activities covered by that paragraph).''.

SEC. 3136. LIMITATION ON AVAILABILITY OF FUNDS FOR PROGRAM TO ELIMINATE 
              WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.

    (a) Limitation.--Of the amounts authorized to be appropriated by 
this title for the program to eliminate weapons grade plutonium 
production, the Administrator for Nuclear Security may not obligate or 
expend more than $100,000,000 for that program until 30 days after the 
date on which the Administrator submits to the congressional defense 
committees a copy of an agreement entered into between the United 
States Government and the Government of the Russian Federation to shut 
down the three plutonium-producing reactors in Russia.
    (b) Agreement Elements.--The agreement under subsection (a)--
            (1) shall contain--
                    (A) a commitment to shut down the three plutonium-
                producing reactors;
                    (B) the date on which each such reactor will be 
                shut down;
                    (C) a schedule and milestones for each such reactor 
                to complete the shut down of such reactor by the date 
                specified under subparagraph (B);
                    (D) an arrangement for access to sites and 
                facilities necessary to meet such schedules and 
                milestones; and
                    (E) an arrangement for audit and examination 
                procedures in order to evaluate progress in meeting 
                such schedules and milestones; and
            (2) may include cost sharing arrangements.

                   Subtitle D--Proliferation Matters

SEC. 3151. ADMINISTRATION OF PROGRAM TO ELIMINATE WEAPONS GRADE 
              PLUTONIUM PRODUCTION IN RUSSIA.

    (a) Transfer of Program to Department of Energy.--The program to 
eliminate weapons grade plutonium production in Russia shall be 
transferred from the Department of Defense to the Department of Energy.
    (b) Transfer of Associated Funds.--(1) Notwithstanding any 
restriction or limitation in law on the availability of Cooperative 
Threat Reduction funds specified in paragraph (2), the Cooperative 
Threat Reduction funds specified in that paragraph that are available 
for the program referred to in subsection (a) shall be transferred from 
the Department of Defense to the Department of Energy.
    (2) The Cooperative Threat Reduction funds specified in this 
paragraph are the following:
            (A) Fiscal year 2002 Cooperative Threat Reduction funds, as 
        specified in section 1301(b) of the National Defense 
        Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
        Stat. 1254; 22 U.S.C. 5952 note).
            (B) Fiscal year 2001 Cooperative Threat Reduction funds, as 
        specified in section 1301(b) of the Floyd D. Spence National 
        Defense Authorization Act for Fiscal Year 2001 (as enacted into 
        law by Public Law 106-398; 114 Stat. 1654A-339).
            (C) Fiscal year 2000 Cooperative Threat Reduction funds, as 
        specified in section 1301(b) of the National Defense 
        Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
        Stat. 792; 22 U.S.C. 5952 note).
    (c) Availability of Transferred Funds.--(1) Notwithstanding any 
restriction or limitation in law on the availability of Cooperative 
Threat Reduction funds specified in subsection (b)(2), the Cooperative 
Threat Reduction funds transferred under subsection (b) for the program 
referred to in subsection (a) shall be available for activities as 
follows:
            (A) To design and construct, refurbish, or both, fossil 
        fuel energy plants in Russia that provide alternative sources 
        of energy to the energy plants in Russia that produce weapons 
        grade plutonium.
            (B) To carry out limited safety upgrades of not more than 
        three energy plants in Russia that produce weapons grade 
        plutonium in order to permit the shutdown of such energy plants 
        and eliminate the production of weapons grade plutonium in such 
        energy plants.
    (2) Amounts available under paragraph (1) for activities referred 
to in that paragraph shall remain available for such activities until 
expended.

SEC. 3152. SECURITY OF NUCLEAR MATERIALS AND FACILITIES WORLDWIDE.

    (a) Sense of Congress on Program To Secure Stockpiles of Highly 
Enriched Uranium and Plutonium.--(1) It is the sense of Congress that 
the Secretary of Energy, in consultation with the Secretary of State 
and Secretary of Defense, should develop a comprehensive program of 
activities to encourage all countries with nuclear materials to adhere 
to, or to adopt standards equivalent to, the International Atomic 
Energy Agency standard on The Physical Protection of Nuclear Material 
and Nuclear Facilities (INFCIRC/225/Rev.4), relating to the security of 
stockpiles of highly enriched uranium (HEU) and plutonium (Pu).
    (2) To the maximum extent practicable, the program should be 
developed in consultation with the Russian Federation, other Group of 8 
countries, and other allies of the United States.
    (3) Activities under the program should include specific, targeted 
incentives intended to encourage countries that cannot undertake the 
expense of conforming to the standard referred to in paragraph (1) to 
relinquish their highly enriched uranium (HEU) or plutonium (Pu), 
including incentives in which a country, group of countries, or 
international body--
            (A) purchase such materials and provide for their security 
        (including by removal to another location);
            (B) undertake the costs of decommissioning facilities that 
        house such materials;
            (C) in the case of research reactors, convert such reactors 
        to low-enriched uranium reactors; or
            (D) upgrade the security of facilities that house such 
        materials in order to meet stringent security standards that 
        are established for purposes of the program based upon agreed 
        best practices.
    (b) Study of Program To Secure Certain Radiological Materials.--(1) 
The Secretary of Energy, acting through the Administrator for Nuclear 
Security shall require the Office of International Materials 
Protection, Control, and Accounting of the Department of Energy to 
conduct a study to determine the feasibility and advisability of 
developing a program to secure radiological materials outside the 
United States that pose a threat to the national security of the United 
States.
    (2) The study under paragraph (1) shall include the following:
            (A) An identification of the categories of radiological 
        materials that are covered by that paragraph, including an 
        order of priority for securing each category of such 
        radiological materials.
            (B) An estimate of the number of sites at which such 
        radiological materials are present.
            (C) An assessment of the effort required to secure such 
        radiological materials at such sites, including--
                    (i) a description of the security upgrades, if any, 
                that are required at such sites;
                    (ii) an assessment of the costs of securing such 
                radiological materials at such sites;
                    (iii) a description of any cost-sharing 
                arrangements to defray such costs;
                    (iv) a description of any legal impediments to such 
                effort, including a description of means of overcoming 
                such impediments; and
                    (v) a description of the coordination required for 
                such effort among appropriate United States Government 
                entities (including the Nuclear Regulatory Commission), 
                participating countries, and international bodies 
                (including the International Atomic Energy Agency).
            (D) A description of the pilot project undertaken in 
        Russia.
    (3) In identifying categories of radiological materials under 
paragraph (2)(A), the Secretary shall take into account matters 
relating to specific activity, half-life, radiation type and energy, 
attainability, difficulty of handling, and toxicity, and such other 
matters as the Secretary considers appropriate.
    (4) Not later than one year after the date of the enactment of this 
Act, the Secretary shall submit to Congress a report on the study 
conducted under this subsection. The report shall include the matters 
specified under paragraph (2) and such other matters, including 
recommendations, as the Secretary considers appropriate as a result of 
the study.
    (5) In this subsection, the term ``radiological material'' means 
any radioactive material, other than plutonium (Pu) or uranium enriched 
above 20 percent uranium-235.
    (c) Study of Actions To Address Terrorist Threat to Nuclear Power 
Plants Outside the United States.--(1) The Secretary of Energy shall, 
in consultation with the Nuclear Regulatory Commission and the 
International Atomic Energy Agency, conduct a study of the feasibility 
and advisability of various actions to reduce the risks associated with 
terrorist attacks on nuclear power plants outside the United States.
    (2) Not later than nine months after the date of the enactment of 
this Act, the Secretary shall submit to Congress a report on the 
results of the study under paragraph (1). The report shall include the 
following:
            (A) A description of the actions studied.
            (B) An assessment of the feasibility and advisability of 
        undertaking one or more such actions.
            (C) Any other matters, including recommendations, that the 
        Secretary considers appropriate.
    (d) Amendment of Convention on Physical Protection of Nuclear 
Material.--(1) It is the sense of Congress that the President should 
encourage amendment of the Convention on the Physical Protection of 
Nuclear Materials in order to provide that the Convention shall--
            (A) apply to both the domestic and international use and 
        transport of nuclear materials;
            (B) incorporate fundamental practices for the physical 
        protection of such materials; and
            (C) address protection against sabotage involving nuclear 
        materials.
    (2) In this subsection, the term ``Convention on the Physical 
Protection of Nuclear Materials'' means the Convention on the Physical 
Protection of Nuclear Materials, With Annex, done at Vienna on October 
26, 1979.

SEC. 3153. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF FUNDS FOR 
              PROGRAMS ON FISSILE MATERIALS IN RUSSIA.

    Section 3131 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 617; 22 U.S.C. 5952 note) is 
amended--
            (1) in subsection (a), by striking ``(a) Authority.--''; 
        and
            (2) by striking subsection (b).

SEC. 3154. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR MATERIALS 
              PROTECTION, CONTROL, AND ACCOUNTING PROGRAMS.

    (a) Covered Programs.--Subsection (a) of section 3171 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106-398; 114 Stat. 1654A-475) is amended 
by striking ``Russia that'' and inserting ``countries where such 
materials''.
    (b) Report Contents.--Subsection (b) of that section is amended--
            (1) in paragraph (1) by inserting ``in each country covered 
        by subsection (a)'' after ``locations,'';
            (2) in paragraph (2), by striking ``in Russia'' and 
        inserting ``in each such country'';
            (3) in paragraph (3), by inserting ``in each such country'' 
        after ``subsection (a)''; and
            (4) in paragraph (5), by striking ``by total amount and by 
        amount per fiscal year'' and inserting ``by total amount per 
        country and by amount per fiscal year per country''.

                       Subtitle E--Other Matters

SEC. 3161. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.

    Section 170d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(d)(1)(A)) is amended by striking ``until August 1, 2002,'' and 
inserting ``until August 1, 2012''.

SEC. 3162. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT OF ENERGY 
              FACILITIES.

    The Atomic Energy Act of 1954 is amended by inserting after section 
234B (42 U.S.C. 2282b) the following:

``SEC. 234C. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT OF ENERGY 
              NUCLEAR FACILITIES.

    ``(a) Persons Subject to Penalty.--
            ``(1) Civil penalty.--
                    ``(A) In general.--A person (or any subcontractor 
                or supplier of the person) who has entered into an 
                agreement of indemnification under section 2210(d) (or 
                any subcontractor or supplier of the person) that 
                violates (or is the employer of a person that violates) 
                Department of Energy Order No. 440.1A (1998), or any 
                rule or regulation relating to industrial or 
                construction health and safety promulgated by the 
                Secretary of Energy (referred to in this section as the 
                ``Secretary'') after public notice and opportunity for 
                comment under section 553 of title 5, United States 
                Code (commonly known as the `Administrative Procedure 
                Act'), shall be subject to a civil penalty of not more 
                than $100,000 for each such violation.
                    ``(B) Continuing violations.--If any violation 
                under this subsection is a continuing violation, each 
                day of the violation shall constitute a separate 
                violation for the purpose of computing the civil 
                penalty under subparagraph (A).
            ``(2) Regulations.--
                    ``(A) In general.--Not later than 270 days after 
                the date of enactment of this section, the Secretary 
                shall promulgate regulations for industrial and 
                construction health and safety that incorporate the 
                provisions and requirements contained in Department of 
                Energy Order No. 440.1A (1998).
                    ``(B) Effective date.--The regulations promulgated 
                under subparagraph (A) shall take effect on the date 
                that is 1 year after the promulgation date of the 
                regulations.
            ``(3) Variances or exemptions.--
                    ``(A) In general.--The Secretary may provide in the 
                regulations promulgated under paragraph (2) a procedure 
                for granting variances or exemptions to the extent 
                necessary to avoid serious impairment of the national 
                security of the United States.
                    ``(B) Determination.--In determining whether to 
                provide a variance or exemption under subparagraph (A), 
                the Secretary of Energy shall assess--
                            ``(i) the impact on national security of 
                        not providing a variance or exemption; and
                            ``(ii) the benefits or detriments to worker 
                        health and safety of providing a variance or 
                        exemption.
                    ``(C) Procedure.--Before granting a variance or 
                exemption, the Secretary of Energy shall--
                            ``(i) notify affected employees;
                            ``(ii) provide an opportunity for a hearing 
                        on the record; and
                            ``(iii) notify Congress of any 
                        determination to grant a variance at least 60 
                        days before the proposed effective date of the 
                        variance or exemption.
            ``(4) Applicability.--This subsection does not apply to any 
        facility that is a component of, or any activity conducted 
        under, the Naval Nuclear Propulsion Program.
            ``(5) Enforcement guidance on structures to be disposed 
        of.--
                    ``(A) In general.--In enforcing the regulations 
                under paragraph (2), the Secretary of Energy shall, on 
                a case-by-case basis, evaluate whether a building, 
                facility, structure, or improvement of the Department 
                of Energy that is permanently closed and that is 
                expected to be demolished, or title to which is 
                expected to be transferred to another entity for reuse, 
                should undergo major retrofitting to comply with 
                specific general industry standards.
                    ``(B) No effect on health and safety enforcement.--
                This subsection does not diminish or otherwise affect--
                            ``(i) the enforcement of any worker health 
                        and safety regulations under this section with 
                        respect to the surveillance and maintenance or 
                        decontamination, decommissioning, or demolition 
                        of buildings, facilities, structures, or 
                        improvements; or
                            ``(ii) the application of any other law 
                        (including regulations), order, or contractual 
                        obligation.
    ``(b) Contract Penalties.--
            ``(1) In general.--The Secretary shall include in each 
        contract with a contractor of the Department provisions that 
        provide an appropriate reduction in the fees or amounts paid to 
        the contractor under the contract in the event of a violation 
        by the contractor or contractor employee of any regulation or 
        order relating to industrial or construction health and safety.
            ``(2) Contents.--The provisions shall specify various 
        degrees of violations and the amount of the reduction 
        attributable to each degree of violation.
    ``(c) Powers and Limitations.--The powers and limitations 
applicable to the assessment of civil penalties under section 234A, 
except for subsection (d) of that section, shall apply to the 
assessment of civil penalties under this section.
    ``(d) Total Amount of Penalties.--In the case of an entity 
described in subsection (d) of section 234A, the total amount of civil 
penalties under subsection (a) or under subsection (a) of section 234B 
in a fiscal year may not exceed the total amount of fees paid by the 
Department of Energy to that entity in that fiscal year.''.

SEC. 3163. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO 
              PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

    (a) In General.--Section 3161(a) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 5 U.S.C. 
5597 note) is amended by striking ``January 1, 2004'' and inserting 
``January 1, 2005''.
    (b) Construction.--The amendment made by subsection (a) may be 
superseded by another provision of law that takes effect after the date 
of the enactment of this Act, and before January 1, 2004, establishing 
a uniform system for providing voluntary separation incentives 
(including a system for requiring approval of plans by the Office of 
Management and Budget) for employees of the Federal Government.

SEC. 3164. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS 
              NATIONAL LABORATORY, NEW MEXICO.

    (a) Support for Fiscal Year 2003.--From amounts authorized to be 
appropriated to the Secretary of Energy by this title, $6,900,000 shall 
be available for payment by the Secretary for fiscal year 2003 to the 
Los Alamos National Laboratory Foundation, a not-for-profit 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).
    (b) Use of Funds.--The foundation referred to in subsection (a) 
shall--
            (1) utilize funds provided under this section as a 
        contribution to the endowment fund for the foundation; and
            (2) use the income generated from investments in the 
        endowment fund that are attributable to the payment made under 
        this section to fund programs to support the educational needs 
        of children in the public schools in the vicinity of Los Alamos 
        National Laboratory, New Mexico.
    (c) Repeal of Superseded Authority and Modification of Authority To 
Extend Contract.--(1) Subsection (b) of section 3136 of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
Stat. 1368) is amended to read as follows:
    ``(b) Support for Fiscal Years 2003 through 2013.--Subject to the 
availability of appropriations, the Secretary may provide for a 
contract extension through fiscal year 2013 similar to the contract 
extension referred to in subsection (a)(2).''.
    (2) The amendment made by paragraph (1) shall take effect on 
October 1, 2002.

Subtitle F--Disposition of Weapons-Usable Plutonium at Savannah River, 
                             South Carolina

SEC. 3181. FINDINGS.

    Congress makes the following findings:
            (1) In September 2000, the United States and the Russian 
        Federation signed a Plutonium Management and Disposition 
        Agreement by which each agreed to dispose of 34 metric tons of 
        weapons-grade plutonium.
            (2) The agreement with Russia is a significant step toward 
        safeguarding nuclear materials and preventing their diversion 
        to rogue states and terrorists.
            (3) The Department of Energy plans to dispose of 34 metric 
        tons of weapons-grade plutonium in the United States before the 
        end of 2019 by converting the plutonium to a mixed-oxide fuel 
        to be used in commercial nuclear power reactors.
            (4) The Department has formulated a plan for implementing 
        the agreement with Russia through construction of a mixed-oxide 
        fuel fabrication facility, the so-called MOX facility, and a 
        pit disassembly and conversion facility at the Savannah River 
        Site, Aiken, South Carolina.
            (5) The United States and the State of South Carolina have 
        a compelling interest in the safe, proper, and efficient 
        operation of the plutonium disposition facilities at the 
        Savannah River Site. The MOX facility will also be economically 
        beneficial to the State of South Carolina, and that economic 
        benefit will not be fully realized unless the MOX facility is 
        built.
            (6) The State of South Carolina desires to ensure that all 
        plutonium transferred to the State of South Carolina is stored 
        safely; that the full benefits of the MOX facility are realized 
        as soon as possible; and, specifically, that all defense 
        plutonium or defense plutonium materials transferred to the 
        Savannah River Site either be processed or be removed 
        expeditiously.

SEC. 3182. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER 
              SITE.

    (a) Plan for Construction and Operation of MOX Facility.--(1) Not 
later than February 1, 2003, the Secretary of Energy shall submit to 
Congress a plan for the construction and operation of the MOX facility 
at the Savannah River Site, Aiken, South Carolina.
    (2) The plan under paragraph (1) shall include--
            (A) a schedule for construction and operations so as to 
        achieve, as of January 1, 2009, and thereafter, the MOX 
        production objective, and to produce 1 metric ton of mixed 
        oxide fuel by December 31, 2009; and
            (B) a schedule of operations of the MOX facility designed 
        so that 34 metric tons of defense plutonium and defense 
        plutonium materials at the Savannah River Site will be 
        processed into mixed oxide fuel by January 1, 2019.
    (3)(A) Not later than February 15 each year, beginning in 2004 and 
continuing for as long as the MOX facility is in use, the Secretary 
shall submit to Congress a report on the implementation of the plan 
required by paragraph (1).
    (B) Each report under subparagraph (A) for years before 2010 shall 
include--
            (i) an assessment of compliance with the schedules included 
        with the plan under paragraph (2); and
            (ii) a certification by the Secretary whether or not the 
        MOX production objective can be met by January 2009.
    (C) Each report under subparagraph (A) for years after 2009 shall--
            (i) address whether the MOX production objective has been 
        met; and
            (ii) assess progress toward meeting the obligations of the 
        United States under the Plutonium Management and Disposition 
        Agreement.
    (D) For years after 2017, each report under subparagraph (A) shall 
also include an assessment of compliance with the MOX production 
objective and, if not in compliance, the plan of the Secretary for 
achieving one of the following:
            (i) Compliance with such objective.
            (ii) Removal of all remaining defense plutonium and defense 
        plutonium materials from the State of South Carolina.
    (b) Corrective Actions.--(1) If a report under subsection (a)(3) 
indicates that construction or operation of the MOX facility is behind 
the applicable schedule under subsection (a)(2) by 12 months or more, 
the Secretary shall submit to Congress, not later than August 15 of the 
year in which such report is submitted, a plan for corrective actions 
to be implemented by the Secretary to ensure that the MOX facility 
project is capable of meeting the MOX production objective by January 
1, 2009.
    (2) If a plan is submitted under paragraph (1) in any year after 
2008, the plan shall include corrective actions to be implemented by 
the Secretary to ensure that the MOX production objective is met.
    (3) Any plan for corrective actions under paragraph (1) or (2) 
shall include established milestones under such plan for achieving 
compliance with the MOX production objective.
    (4) If, before January 1, 2009, the Secretary determines that there 
is a substantial and material risk that the MOX production objective 
will not be achieved by 2009 because of a failure to achieve milestones 
set forth in the most recent corrective action plan under this 
subsection, the Secretary shall suspend further transfers of defense 
plutonium and defense plutonium materials to be processed by the MOX 
facility until such risk is addressed and the Secretary certifies that 
the MOX production objective can be met by 2009.
    (5) If, after January 1, 2009, the Secretary determines that the 
MOX production objective has not been achieved because of a failure to 
achieve milestones set forth in the most recent corrective action plan 
under this subsection, the Secretary shall suspend further transfers of 
defense plutonium and defense plutonium materials to be processed by 
the MOX facility until the Secretary certifies that the MOX production 
objective can be met by 2009.
    (6)(A) Upon making a determination under paragraph (4) or (5), the 
Secretary shall submit to Congress a report on the options for removing 
from the State of South Carolina an amount of defense plutonium or 
defense plutonium materials equal to the amount of defense plutonium or 
defense plutonium materials transferred to the State of South Carolina 
after April 15, 2002.
    (B) Each report under subparagraph (A) shall include an analysis of 
each option set forth in the report, including the cost and schedule 
for implementation of such option, and any requirements under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
relating to consideration or selection of such option.
    (C) Upon submittal of a report under paragraph (A), the Secretary 
shall commence any analysis that may be required under the National 
Environmental Policy Act of 1969 in order to select among the options 
set forth in the report.
    (c) Contingent Requirement for Removal of Plutonium and Materials 
From Savannah River Site.--If the MOX production objective is not 
achieved as of January 1, 2009, the Secretary shall, consistent with 
the National Environmental Policy Act of 1969 and other applicable 
laws, remove from the State of South Carolina, for storage or disposal 
elsewhere--
            (1) not later than January 1, 2011, not less than 1 metric 
        ton of defense plutonium or defense plutonium materials; and
            (2) not later than January 1, 2017, an amount of defense 
        plutonium or defense plutonium materials equal to the amount of 
        defense plutonium or defense plutonium materials transferred to 
        the Savannah River Site between April 15, 2002 and January 1, 
        2017, but not processed by the MOX facility.
    (d) Economic and Impact Assistance.--(1) If the MOX production 
objective is not achieved as of January 1, 2011, the Secretary shall 
pay to the State of South Carolina each year beginning on or after that 
date through 2016 for economic and impact assistance an amount equal to 
$1,000,000 per day until the later of--
            (A) the passage of 100 days in such year;
            (B) the MOX production objective is achieved in such year; 
        or
            (C) the Secretary has removed from the State of South 
        Carolina in such year at least 1 metric ton of defense 
        plutonium or defense plutonium materials.
    (2)(A) If the MOX production objective is not achieved as of 
January 1, 2017, the Secretary shall pay to the State of South Carolina 
each year beginning on or after that date through 2024 for economic and 
impact assistance an amount equal to $1,000,000 per day until the later 
of--
            (i) the passage of 100 days in such year;
            (ii) the MOX production objective is achieved in such year; 
        or
            (iii) the Secretary has removed from the State of South 
        Carolina an amount of defense plutonium or defense plutonium 
        materials equal to the amount of defense plutonium or defense 
        plutonium materials transferred to the Savannah River Site 
        between April 15, 2002 and January 1, 2017, but not processed 
        by the MOX facility.
    (B) Nothing in this paragraph may be construed to terminate, 
supersede, or otherwise affect any other requirements of this section.
    (3) The Secretary shall make payments, if any, under this 
subsection, from amounts authorized to be appropriated to the 
Department of Energy.
    (4) If the State of South Carolina obtains an injunction that 
prohibits the Department from taking any action necessary for the 
Department to meet any deadline specified by this subsection, that 
deadline shall be extended for a period of time equal to the period of 
time during which the injunction is in effect.
    (e) Failure To Complete Planned Disposition Program.--If on July 1 
each year beginning in 2020 and continuing for as long as the MOX 
facility is in use, less than 34 metric tons of defense plutonium or 
defense plutonium materials have been processed by the MOX facility, 
the Secretary shall submit to Congress a plan for--
            (1) completing the processing of 34 metric tons of defense 
        plutonium and defense plutonium material by the MOX facility; 
        or
            (2) removing from the State of South Carolina an amount of 
        defense plutonium or defense plutonium materials equal to the 
        amount of defense plutonium or defense plutonium materials 
        transferred to the Savannah River Site after April 15, 2002, 
        but not processed by the MOX facility.
    (f) Removal of Mixed-Oxide Fuel Upon Completion of Operations of 
MOX Facility.--If, one year after the date on which operation of the 
MOX facility permanently ceases any mixed-oxide fuel remains at the 
Savannah River Site, the Secretary shall submit to Congress--
            (1) a report on when such fuel will be transferred for use 
        in commercial nuclear reactors; or
            (2) a plan for removing such fuel from the State of South 
        Carolina.
    (g) Definitions.--In this section:
            (1) MOX production objective.--The term ``MOX production 
        objective'' means production at the MOX facility of mixed-oxide 
        fuel from defense plutonium and defense plutonium materials at 
        an average rate equivalent to not less than one metric ton of 
        mixed-oxide fuel per year. The average rate shall be determined 
        by measuring production at the MOX facility from the date the 
        facility is declared operational to the Nuclear Regulatory 
        Commission through the date of assessment.
            (2) MOX facility.--The term ``MOX facility'' means the 
        mixed-oxide fuel fabrication facility at the Savannah River 
        Site, Aiken, South Carolina.
            (3) Defense plutonium; defense plutonium materials.--The 
        terms ``defense-plutonium'' and ``defense plutonium materials'' 
        mean weapons-usable plutonium.

SEC. 3183. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND PLUTONIUM 
              MATERIALS AT SAVANNAH RIVER SITE.

    (a) Study.--The Defense Nuclear Facilities Safety Board shall 
conduct a study of the adequacy of K-Area Materials Storage facility 
(KAMS), and related support facilities such as Building 235-F, at the 
Savannah River Site, Aiken, South Carolina, for the storage of defense 
plutonium and defense plutonium materials in connection with the 
disposition program provided in section 3182 and in connection with the 
amended Record of Decision of the Department of Energy for fissile 
materials disposition.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Defense Nuclear Facilities Safety Board shall submit to 
Congress and the Secretary of Energy a report on the study conducted 
under subsection (a).
    (c) Report Elements.--The report under subsection (b) shall--
            (1) address--
                    (A) the suitability of KAMS and related support 
                facilities for monitoring and observing any defense 
                plutonium or defense plutonium materials stored in 
                KAMS;
                    (B) the adequacy of the provisions made by the 
                Department for remote monitoring of such defense 
                plutonium and defense plutonium materials by way of 
                sensors and for handling of retrieval of such defense 
                plutonium and defense plutonium materials; and
                    (C) the adequacy of KAMS should such defense 
                plutonium and defense plutonium materials continue to 
                be stored at KAMS after 2019; and
            (2) include such recommendations as the Defense Nuclear 
        Facilities Safety Board considers appropriate to enhance the 
        safety, reliability, and functionality of KAMS.
    (d) Reports on Actions on Recommendations.--Not later than 6 months 
after the date on which the report under subsection (b) is submitted to 
Congress, and every year thereafter, the Secretary and the Board shall 
each submit to Congress a report on the actions taken by the Secretary 
in response to the recommendations, if any, included in the report.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2003, 
$19,494,000 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.).

SEC. 3202. AUTHORIZATION OF APPROPRIATIONS FOR THE FORMERLY USED SITES 
              REMEDIAL ACTION PROGRAM OF THE CORPS OF ENGINEERS.

    There is hereby authorized to be appropriated for fiscal year 2003 
for the Department of the Army, $140,000,000 for the formerly used 
sites remedial action program of the Corps of Engineers.




                                                       Calendar No. 373

107th CONGRESS

  2d Session

                                S. 2517

_______________________________________________________________________

                                 A BILL

To authorize appropriations for fiscal year 2003 for defense activities 
          of the Department of Energy, and for other purposes.

_______________________________________________________________________

                 May 15 (legislative day, May 9), 2002

                 Read twice and placed on the calendar