```

[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.
```