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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 2002’’.
 †

2

S 1417 ES

1 SEC. 2. TABLE OF CONTENTS.

2 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.
†

3

S 1417 ES

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.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—
†

4

S 1417 ES

1 (1) the Committee on Armed Services and the

2 Committee on Appropriations of the Senate; and

3 (2) the Committee on Armed Services and the

4 Committee on Appropriations of the House of Rep5 resentatives.

6 TITLE XXXI—DEPARTMENT OF

7 ENERGY NATIONAL SECURITY

8 PROGRAMS

9 Subtitle A—National Security

10 Programs Authorizations

11 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA12 TION.

13 (a) IN GENERAL.—Subject to subsection (b), funds

14 are hereby authorized to be appropriated to the Depart15 ment of Energy for fiscal year 2002 for the activities of

16 the National Nuclear Security Administration in carrying

17 out programs necessary for national security in the

18 amount of $7,351,721,000, to be allocated as follows:

19 (1) WEAPONS ACTIVITIES.—For weapons activi20 ties, $5,481,795,000, to be allocated as follows:

21 (A) For stewardship operation and mainte22 nance, $4,687,443,000, to be allocated as fol23 lows:

24 (i) For directed stockpile work,

25 $1,016,922,000.
†

5

S 1417 ES

1 (ii) For campaigns, $2,137,300,000,

2 to be allocated as follows:

3 (I) For operation and mainte4 nance, $1,767,328,000.

5 (II) For plant projects (including

6 maintenance, restoration, planning,

7 construction, acquisition, modification

8 of facilities, and the continuation of

9 projects authorized in prior years, and

10 land acquisition related thereto),

11 $369,972,000, to be allocated as fol12 lows:

13 Project 01–D–101, distrib14 uted information systems labora15 tory, Sandia National Labora16 tories, Livermore, California,

17 $5,400,000.

18 Project 00–D–103, terascale

19 simulation facility, Lawrence

20 Livermore National Laboratory,

21 Livermore, California,

22 $22,000,000.

23 Project 00–D–105, strategic

24 computing complex, Los Alamos
†

6

S 1417 ES

1 National Laboratory, Los Ala2 mos, New Mexico, $11,070,000.

3 Project 00–D–107, joint

4 computational engineering lab5 oratory, Sandia National Labora6 tories, Albuquerque, New Mexico,

7 $5,377,000.

8 Project 98–D–125, tritium

9 extraction facility, Savannah

10 River Plant, Aiken, South Caro11 lina, $81,125,000.

12 Project 96–D–111, national

13 ignition facility (NIF), Lawrence

14 Livermore National Laboratory,

15 Livermore, California,

16 $245,000,000.

17 (iii) For readiness in technical base

18 and facilities, $1,533,221,000, to be allo19 cated as follows:

20 (I) For operation and mainte21 nance, $1,356,107,000.

22 (II) For plant projects (including

23 maintenance, restoration, planning,

24 construction, acquisition, modification

25 of facilities, and the continuation of
†

7

S 1417 ES

1 projects authorized in prior years, and

2 land acquisition related thereto),

3 $177,114,000, to be allocated as fol4 lows:

5 Project 02–D–101, micro6 systems and engineering sciences

7 applications (MESA), Sandia Na8 tional Laboratories, Albuquerque,

9 New Mexico, $39,000,000.

10 Project 02–D–103, project

11 engineering and design (PE&D),

12 various locations, $31,130,000.

13 Project 02–D–107, electrical

14 power systems safety communica15 tions and bus upgrades, Nevada

16 Test Site, Nevada, $3,507,000.

17 Project 01–D–103, prelimi18 nary project design and engineer19 ing, various locations,

20 $16,379,000.

21 Project 01–D–124, highly

22 enriched uranium (HEU) mate23 rials storage facility, Y–12 Plant,

24 Oak Ridge, Tennessee, $0.
†

8

S 1417 ES

1 Project 01–D–126, weapons

2 evaluation test laboratory,

3 Pantex Plant, Amarillo, Texas,

4 $7,700,000.

5 Project 01–D–800, sensitive

6 compartmented information facil7 ity, Lawrence Livermore Na8 tional Laboratory, Livermore,

9 California, $12,993,000.

10 Project 99–D–103, isotope

11 sciences facilities, Lawrence

12 Livermore National Laboratory,

13 Livermore, California,

14 $4,400,000.

15 Project 99–D–104, protec16 tion of real property (roof recon17 struction, phase II), Lawrence

18 Livermore National Laboratory,

19 Livermore, California,

20 $2,800,000.

21 Project 99–D–106, model

22 validation and system certifi23 cation center, Sandia National

24 Laboratories, Albuquerque, New

25 Mexico, $4,955,000.
†

9

S 1417 ES

1 Project 99–D–108, renova2 tion of existing roadways, Nevada

3 Test Site, Nevada, $2,000,000.

4 Project 99–D–125, replace

5 boilers and controls, Kansas City

6 Plant, Kansas City, Missouri,

7 $300,000.

8 Project 99–D–127, stockpile

9 management restructuring initia10 tive, Kansas City Plant, Kansas

11 City, Missouri, $22,200,000.

12 Project 99–D–128, stockpile

13 management restructuring initia14 tive, Pantex Plant, Amarillo,

15 Texas, $3,300,000.

16 Project 98–D–123, stockpile

17 management restructuring initia18 tive, tritium facility moderniza19 tion and consolidation, Savannah

20 River Plant, Aiken, South Caro21 lina, $13,700,000.

22 Project 98–D–124, stockpile

23 management restructuring initia24 tive, Y–12 Plant consolidation,
†

10

S 1417 ES

1 Oak Ridge, Tennessee,

2 $6,850,000.

3 Project 97–D–123, struc4 tural upgrades, Kansas City

5 Plant, Kansas City, Missouri,

6 $3,000,000.

7 Project 96–D–102, stockpile

8 stewardship facilities revitaliza9 tion, Phase VI, various locations,

10 $2,900,000.

11 (B) For secure transportation asset,

12 $77,571,000, to be allocated for operation and

13 maintenance.

14 (C) For safeguards and security,

15 $448,881,000, to be allocated as follows:

16 (i) For operation and maintenance,

17 $439,281,000.

18 (ii) For plant projects (including

19 maintenance, restoration, planning, con20 struction, acquisition, modification of fa21 cilities, and the continuation of projects

22 authorized in prior years, and land acquisi23 tion related thereto), $9,600,000, to be al24 located as follows:
†

11

S 1417 ES

1 Project 99–D–132, stockpile

2 management restructuring initiative,

3 nuclear material safeguards and secu4 rity upgrade project, Los Alamos Na5 tional Laboratory, Los Alamos, New

6 Mexico, $9,600,000.

7 (D) For facilities and infrastructure,

8 $267,900,000.

9 (2) DEFENSE NUCLEAR NONPROLIFERATION.—

10 For other nuclear security activities, $872,500,000,

11 to be allocated as follows:

12 (A) For nonproliferation and verification

13 research and development, $258,161,000, to be

14 allocated as follows:

15 (i) For operation and maintenance,

16 $222,355,000.

17 (ii) For plant projects (including

18 maintenance, restoration, planning, con19 struction, acquisition, modification of fa20 cilities, and the continuation of projects

21 authorized in prior years, and land acquisi22 tion related thereto), $35,806,000, to be

23 allocated as follows:

24 Project 00–D–192, nonprolifera25 tion and international security center
†

12

S 1417 ES

1 (NISC), Los Alamos National Labora2 tory, Los Alamos, New Mexico,

3 $35,806,000.

4 (B) For arms control, $138,000,000.

5 (C) For international materials protection,

6 control, and accounting, $143,800,000.

7 (D) For highly enriched uranium trans8 parency implementation, $13,950,000.

9 (E) For international nuclear safety,

10 $19,500,000.

11 (F) For fissile materials control and dis12 position, $299,089,000, to be allocated as fol13 lows:

14 (i) For United States surplus fissile

15 materials disposition, $233,089,000, to be

16 allocated as follows:

17 (I) For operation and mainte18 nance, $130,089,000.

19 (II) For plant projects (including

20 maintenance, restoration, planning,

21 construction, acquisition, modification

22 of facilities, and the continuation of

23 projects authorized in prior years, and

24 land acquisition related thereto),
†

13

S 1417 ES

1 $103,000,000, to be allocated as fol2 lows:

3 Project 01–D–142, immo4 bilization and associated proc5 essing facility, (Title I and II de6 sign), Savannah River Site,

7 Aiken, South Carolina, $0.

8 Project 01–D–407, highly

9 enriched uranium blend-down,

10 Savannah River Site, Aiken,

11 South Carolina, $24,000,000.

12 Project 99–D–141, pit dis13 assembly and conversion facility

14 (Title I and II design), Savannah

15 River Site, Aiken, South Caro16 lina, $16,000,000.

17 Project 99–D–143, mixed

18 oxide fuel fabrication facility

19 (Title I and II design), Savannah

20 River Site, Aiken, South Caro21 lina, $63,000,000.

22 (ii) For Russian fissile materials dis23 position, $66,000,000.

24 (3) NAVAL REACTORS.—For naval reactors,

25 $688,045,000, to be allocated as follows:
†

14

S 1417 ES

1 (A) For naval reactors development,

2 $665,445,000, to be allocated as follows:

3 (i) For operation and maintenance,

4 $652,245,000.

5 (ii) For plant projects (including

6 maintenance, restoration, planning, con7 struction, acquisition, modification of fa8 cilities, and the continuation of projects

9 authorized in prior years, and land acquisi10 tion related thereto), $13,200,000, to be

11 allocated as follows:

12 Project 01–D–200, major office

13 replacement building, Schenectady,

14 New York, $9,000,000.

15 Project 90–N–102, expended core

16 facility dry cell project, Naval Reac17 tors Facility, Idaho, $4,200,000.

18 (B) For program direction, $22,600,000.

19 (4) OFFICE OF ADMINISTRATOR FOR NUCLEAR

20 SECURITY.—For the Office of the Administrator for

21 Nuclear Security, and for program direction for the

22 National Nuclear Security Administration (other

23 than for naval reactors), $380,366,000.
†

15

S 1417 ES

1 (b) ADJUSTMENTS.—The amount authorized to be

2 appropriated by subsection (a) is hereby reduced by

3 $70,985,000, as follows:

4 (1) The amount authorized to be appropriated

5 by paragraph (1) of that subsection is hereby re6 duced by $28,985,000, which is to be derived from

7 offsets and use of prior year balances.

8 (2) The amount authorized to be appropriated

9 by paragraph (2) of that subsection is hereby re10 duced by $42,000,000, which is to be derived from

11 use of prior year balances.

12 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

13 WASTE MANAGEMENT.

14 (a) IN GENERAL.—Subject to subsection (b), funds

15 are hereby authorized to be appropriated to the Depart16 ment of Energy for fiscal year 2002 for environmental res17 toration and waste management activities in carrying out

18 programs necessary for national security in the amount

19 of $6,047,617,000, to be allocated as follows:

20 (1) CLOSURE PROJECTS.—For closure projects

21 carried out in accordance with section 3143 of the

22 National Defense Authorization Act for Fiscal Year

23 1997 (Public Law 104–201; 110 Stat. 2836; 42

24 U.S.C. 7277n), $1,080,538,000.
†

16

S 1417 ES

1 (2) SITE/PROJECT COMPLETION.—For site com2 pletion and project completion in carrying out envi3 ronmental management activities necessary for na4 tional security programs, $943,196,000, to be allo5 cated as follows:

6 (A) For operation and maintenance,

7 $919,030,000.

8 (B) For plant projects (including mainte9 nance, restoration, planning, construction, ac10 quisition, modification of facilities, and the con11 tinuation of projects authorized in prior years,

12 and land acquisition related thereto),

13 $24,166,000, to be allocated as follows:

14 Project 02–D–402, Intec cathodic

15 protection system expansion, Idaho Na16 tional Engineering and Environmental

17 Laboratory, Idaho Falls, Idaho,

18 $3,256,000.

19 Project 01–D–414, preliminary

20 project engineering and design (PE&D),

21 various locations, $6,254,000.

22 Project 99–D–402, tank farm support

23 services, F&H areas, Savannah River Site,

24 Aiken, South Carolina, $5,040,000.
†

17

S 1417 ES

1 Project 99–D–404, health physics in2 strumentation laboratory, Idaho National

3 Engineering and Environmental Labora4 tories, Idaho Falls, Idaho, $2,700,000.

5 Project 98–D–453, plutonium sta6 bilization and handling system for pluto7 nium finishing plant, Richland, Wash8 ington, $1,910,000.

9 Project 96–D–471, chlorofluorocarbon

10 heating, ventilation, and air conditioning

11 and chiller retrofit, Savannah River Site,

12 Aiken, South Carolina, $4,244,000.

13 Project 92–D–140, F&H canyon ex14 haust upgrades, Savannah River Site,

15 Aiken, South Carolina, $0.

16 Project 86–D–103, decontamination

17 and waste treatment facility, Lawrence

18 Livermore National Laboratory, Liver19 more, California, $762,000.

20 (3) POST-2006 COMPLETION.—For post-2006

21 completion in carrying out environmental restoration

22 and waste management activities necessary for na23 tional security programs, $3,245,201,000, to be allo24 cated as follows:
†

18

S 1417 ES

1 (A) For operation and maintenance,

2 $1,955,979,000.

3 (B) For plant projects (including mainte4 nance, restoration, planning, construction, ac5 quisition, modification of facilities, and the con6 tinuation of projects authorized in prior years,

7 and land acquisition related thereto),

8 $6,754,000, to be allocated as follows:

9 Project 93–D–187, high-level waste

10 removal from filled waste tanks, Savannah

11 River Site, Aiken, South Carolina,

12 $6,754,000.

13 (C) For the Office of River Protection in

14 carrying out environmental restoration and

15 waste management activities necessary for na16 tional security programs, $862,468,000, to be

17 allocated as follows:

18 (i) For operation and maintenance,

19 $322,151,000.

20 (ii) For plant projects (including

21 maintenance, restoration, planning, con22 struction, acquisition, modification of fa23 cilities, and the continuation of projects

24 authorized in prior years, and land acquisi-
†

19

S 1417 ES

1 tion related thereto), $540,317,000, to be

2 allocated as follows:

3 Project 01–D–416, waste treat4 ment and immobilization plant, Rich5 land, Washington, $500,000,000.

6 Project 97–D–402, tank farm

7 restoration and safe operations, Rich8 land, Washington, $33,473,000.

9 Project 94–D–407, initial tank

10 retrieval systems, Richland, Wash11 ington, $6,844,000.

12 (4) SCIENCE AND TECHNOLOGY DEVELOP13 MENT.—For science and technology development in

14 carrying out environmental restoration and waste

15 management activities necessary for national secu16 rity programs, $216,000,000.

17 (5) EXCESS FACILITIES.—For excess facilities

18 in carrying out environmental restoration and waste

19 management activities necessary for national secu20 rity programs, $1,300,000.

21 (6) SAFEGUARDS AND SECURITY.—For safe22 guards and security in carrying out environmental

23 restoration and waste management activities nec24 essary for national security programs,

25 $205,621,000.
†

20

S 1417 ES

1 (7) PROGRAM DIRECTION.—For program direc2 tion in carrying out environmental restoration and

3 waste management activities necessary for national

4 security programs, $355,761,000.

5 (b) ADJUSTMENT.—The total amount authorized to

6 be appropriated by subsection (a) is the sum of the

7 amounts authorized to be appropriated by paragraphs (2)

8 through (7) of that subsection, reduced by $42,161,000,

9 to be derived from offsets and use of prior year balances.

10 SEC. 3103. OTHER DEFENSE ACTIVITIES.

11 (a) IN GENERAL.—Subject to subsection (b), funds

12 are hereby authorized to be appropriated to the Depart13 ment of Energy for fiscal year 2002 for other defense ac14 tivities in carrying out programs necessary for national se15 curity in the amount of $512,195,000, to be allocated as

16 follows:

17 (1) INTELLIGENCE.—For intelligence,

18 $40,844,000.

19 (2) COUNTERINTELLIGENCE.—For counter20 intelligence, $46,389,000.

21 (3) SECURITY AND EMERGENCY OPERATIONS.—

22 For security and emergency operations,

23 $247,565,000, to be allocated as follows:

24 (A) For nuclear safeguards and security,

25 $121,188,000.
†

21

S 1417 ES

1 (B) For security investigations,

2 $44,927,000.

3 (C) For program direction, $81,450,000.

4 (4) INDEPENDENT OVERSIGHT AND PERFORM5 ANCE ASSURANCE.—For independent oversight and

6 performance assurance, $14,904,000.

7 (5) ENVIRONMENT, SAFETY, AND HEALTH.—

8 For the Office of Environment, Safety, and Health,

9 $114,600,000, to be allocated as follows:

10 (A) For environment, safety, and health

11 (defense), $91,307,000.

12 (B) For program direction, $23,293,000.

13 (6) WORKER AND COMMUNITY TRANSITION AS14 SISTANCE.—For worker and community transition

15 assistance, $20,000,000, to be allocated as follows:

16 (A) For worker and community transition,

17 $18,000,000.

18 (B) For program direction, $2,000,000.

19 (7) OFFICE OF HEARINGS AND APPEALS.—For

20 the Office of Hearings and Appeals, $2,893,000.

21 (8) NATIONAL SECURITY PROGRAMS ADMINIS22 TRATIVE SUPPORT.—For national security programs

23 administrative support, $25,000,000.

24 (b) ADJUSTMENTS.—
†

22

S 1417 ES

1 (1) SECURITY AND EMERGENCY OPERATIONS,

2 FOR PROGRAM DIRECTION.—The amount authorized

3 to be appropriated pursuant to subsection (a)(3)(B)

4 is reduced by $712,000 to reflect an offset provided

5 by user organizations for security investigations.

6 (2) OTHER.—The total amount authorized to

7 be appropriated pursuant to paragraphs (1), (2),

8 (4), (5), (6), (7), and (8) of subsection (a) is hereby

9 reduced by $10,000,000 to reflect use of prior year

10 balances.

11 SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI12 VATIZATION.

13 Funds are hereby authorized to be appropriated to

14 the Department of Energy for fiscal year 2002 for privat15 ization initiatives in carrying out environmental restora16 tion and waste management activities necessary for na17 tional security programs in the amount of $157,537,000,

18 to be allocated as follows:

19 Project 02–PVT–1, Paducah disposal facility,

20 Paducah, Kentucky, $13,329,000.

21 Project 02–PVT–2, Portsmouth disposal facil22 ity, Portsmouth, Ohio, $2,000,000.

23 Project 98–PVT–2, spent nuclear fuel dry stor24 age, Idaho Falls, Idaho, $49,332,000.
†

23

S 1417 ES

1 Project 98–PVT–5, environmental manage2 ment/waste management disposal, Oak Ridge, Ten3 nessee, $26,065,000.

4 Project 97–PVT–2, advanced mixed waste

5 treatment project, Idaho Falls, Idaho, $56,000,000.

6 Project 97–PVT–3, transuranic waste treat7 ment, Oak Ridge, Tennessee, $10,826,000.

8 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

9 Funds are hereby authorized to be appropriated to

10 the Department of Energy for fiscal year 2002 for pay11 ment to the Nuclear Waste Fund established in section

12 302(C) of the Nuclear Waste Policy Act of 1982 (42

13 U.S.C. 10222(c)) in the amount of $250,000,000.

14 Subtitle B—Recurring General

15 Provisions

16 SEC. 3121. REPROGRAMMING.

17 (a) IN GENERAL.—Until the Secretary of Energy

18 submits to the congressional defense committees the re19 port referred to in subsection (b) and a period of 30 days

20 has elapsed after the date on which such committees re21 ceive the report, the Secretary may not use amounts ap22 propriated pursuant to this title for any program—

23 (1) in amounts that exceed, in a fiscal year—

24 (A) 110 percent of the amount authorized

25 for that program by this title; or
†

24

S 1417 ES

1 (B) $2,000,000 more than the amount au2 thorized for that program by this title; or

3 (2) which has not been presented to, or re4 quested of, Congress.

5 (b) REPORT.—(1) The report referred to in sub6 section (a) is a report containing a full and complete state7 ment of the action proposed to be taken and the facts and

8 circumstances relied upon in support of the proposed ac9 tion.

10 (2) In the computation of the 30-day period under

11 subsection (a), there shall be excluded any day on which

12 either House of Congress is not in session because of an

13 adjournment of more than 3 days to a day certain.

14 (c) LIMITATIONS.—(1) In no event may the total

15 amount of funds obligated pursuant to this title exceed

16 the total amount authorized to be appropriated by this

17 title.

18 (2) Funds appropriated pursuant to this title may not

19 be used for an item for which Congress has specifically

20 denied funds.

21 SEC. 3122. LIMITS ON MINOR CONSTRUCTION PROJECTS.

22 (a) IN GENERAL.—The Secretary of Energy may

23 carry out any minor construction project using operation

24 and maintenance funds, or facilities and infrastructure

25 funds, authorized by this title.
†

25

S 1417 ES

1 (b) ANNUAL REPORT.—The Secretary shall submit

2 to the congressional defense committees on an annual

3 basis a report on each exercise of the authority in sub4 section (a) during the preceding year. Each report shall

5 give a brief description of each minor construction project

6 covered by such report.

7 (c) MINOR CONSTRUCTION PROJECT DEFINED.—In

8 this section, the term ‘‘minor construction project’’ means

9 any plant project not specifically authorized by law if the

10 approved total estimated cost of the plant project does not

11 exceed $5,000,000.

12 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

13 (a) IN GENERAL.—(1) Except as provided in para14 graph (2), construction on a construction project may not

15 be started or additional obligations incurred in connection

16 with the project above the total estimated cost, whenever

17 the current estimated cost of the construction project, au18 thorized by 3101, 3102, or 3103, or which is in support

19 of national security programs of the Department of En20 ergy and was authorized by any previous Act, exceeds by

21 more than 25 percent the higher of—

22 (A) the amount authorized for the project; or

23 (B) the amount of the total estimated cost for

24 the project as shown in the most recent budget jus25 tification data submitted to Congress.
†

26

S 1417 ES

1 (2) An action described in paragraph (1) may be

2 taken if—

3 (A) the Secretary of Energy has submitted to

4 the congressional defense committees a report on the

5 actions and the circumstances making such action

6 necessary; and

7 (B) a period of 30 days has elapsed after the

8 date on which the report is received by the commit9 tees.

10 (3) In the computation of the 30-day period under

11 paragraph (2), there is excluded any day on which either

12 House of Congress is not in session because of an adjourn13 ment of more than 3 days to a day certain.

14 (b) EXCEPTION.—Subsection (a) does not apply to a

15 construction project with a current estimated cost of less

16 than $5,000,000.

17 SEC. 3124. FUND TRANSFER AUTHORITY.

18 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

19 The Secretary of Energy may transfer funds authorized

20 to be appropriated to the Department of Energy pursuant

21 to this title to other Federal agencies for the performance

22 of work for which the funds were authorized. Funds so

23 transferred may be merged with and be available for the

24 same purposes and for the same time period as the author-
†

27

S 1417 ES

1 izations of the Federal agency to which the amounts are

2 transferred.

3 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

4 (1) Subject to paragraph (2), the Secretary of Energy may

5 transfer funds authorized to be appropriated to the De6 partment of Energy pursuant to this title between any

7 such authorizations. Amounts of authorizations so trans8 ferred may be merged with and be available for the same

9 purposes and for the same period as the authorization to

10 which the amounts are transferred.

11 (2) Not more than 5 percent of any such authoriza12 tion may be transferred between authorizations under

13 paragraph (1). No such authorization may be increased

14 or decreased by more than 5 percent by a transfer under

15 such paragraph.

16 (c) LIMITATIONS.—The authority provided by this

17 subsection to transfer authorizations—

18 (1) may be used only to provide funds for items

19 relating to activities necessary for national security

20 programs that have a higher priority than the items

21 from which the funds are transferred; and

22 (2) may not be used to provide funds for an

23 item for which Congress has specifically denied

24 funds.
†

28

S 1417 ES

1 (d) NOTICE TO CONGRESS.—The Secretary of En2 ergy shall promptly notify the Committees on Armed Serv3 ices of the Senate and House of Representatives of any

4 transfer of funds to or from authorizations under this

5 title.

6 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC7 TION DESIGN.

8 (a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1)

9 Subject to paragraph (2) and except as provided in para10 graph (3), before submitting to Congress a request for

11 funds for a construction project that is in support of a

12 national security program of the Department of Energy,

13 the Secretary of Energy shall complete a conceptual de14 sign for that project.

15 (2) If the estimated cost of completing a conceptual

16 design for a construction project exceeds $3,000,000, the

17 Secretary shall submit to Congress a request for funds for

18 the conceptual design before submitting a request for

19 funds for the construction project.

20 (3) The requirement in paragraph (1) does not apply

21 to a request for funds—

22 (A) for a minor construction project the total

23 estimated cost of which is less than $5,000,000; or

24 (B) for emergency planning, design, and con25 struction activities under section 3126.
†

29

S 1417 ES

1 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

2 Within the amounts authorized by this title, the Secretary

3 of Energy may carry out construction design (including

4 architectural and engineering services) in connection with

5 any proposed construction project if the total estimated

6 cost for such design does not exceed $600,000.

7 (2) If the total estimated cost for construction design

8 in connection with any construction project exceeds

9 $600,000, funds for that design must be specifically au10 thorized by law.

11 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE12 SIGN, AND CONSTRUCTION ACTIVITIES.

13 (a) AUTHORITY.—The Secretary of Energy may use

14 any funds available to the Department of Energy pursuant

15 to an authorization in this title, including funds authorized

16 to be appropriated for advance planning, engineering, and

17 construction design, and for plant projects, under sections

18 3101, 3102, 3103, and 3104 to perform planning, design,

19 and construction activities for any Department of Energy

20 national security program construction project that, as de21 termined by the Secretary, must proceed expeditiously in

22 order to protect public health and safety, to meet the

23 needs of national defense, or to protect property.

24 (b) LIMITATION.—The Secretary may not exercise

25 the authority under subsection (a) in the case of any con-
†

30

S 1417 ES

1 struction project until the Secretary has submitted to the

2 congressional defense committees a report on the activities

3 that the Secretary intends to carry out under this section

4 and the circumstances making those activities necessary.

5 (c) SPECIFIC AUTHORITY.—The requirement of sec6 tion 3125(b)(2) does not apply to emergency planning, de7 sign, and construction activities conducted under this sec8 tion.

9 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU10 RITY PROGRAMS OF THE DEPARTMENT OF

11 ENERGY.

12 Subject to the provisions of appropriation Acts and

13 section 3121, amounts appropriated pursuant to this title

14 for management and support activities and for general

15 plant projects are available for use, when necessary, in

16 connection with all national security programs of the De17 partment of Energy.

18 SEC. 3128. AVAILABILITY OF FUNDS.

19 (a) IN GENERAL.—Except as provided in subsection

20 (b), when so specified in an appropriations Act, amounts

21 appropriated for operation and maintenance or for plant

22 projects may remain available until expended.

23 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

24 Amounts appropriated for program direction pursuant to

25 an authorization of appropriations in subtitle A shall re-
†

31

S 1417 ES

1 main available to be expended only until the end of fiscal

2 year 2004.

3 SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN4 AGEMENT FUNDS.

5 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON6 MENTAL MANAGEMENT FUNDS.—The Secretary of En7 ergy shall provide the manager of each field office of the

8 Department of Energy with the authority to transfer de9 fense environmental management funds from a program

10 or project under the jurisdiction of the office to another

11 such program or project.

12 (b) LIMITATIONS.—(1) Not more than three trans13 fers may be made to or from any program or project under

14 subsection (a) in a fiscal year.

15 (2) The amount transferred to or from a program

16 or project under in any one transfer under subsection (a)

17 may not exceed $5,000,000.

18 (3) A transfer may not be carried out by a manager

19 of a field office under subsection (a) unless the manager

20 determines that the transfer is necessary to address a risk

21 to health, safety, or the environment or to assure the most

22 efficient use of defense environmental management funds

23 at the field office.

24 (4) Funds transferred pursuant to subsection (a)

25 may not be used for an item for which Congress has spe-
†

32

S 1417 ES

1 cifically denied funds or for a new program or project that

2 has not been authorized by Congress.

3 (c) EXEMPTION FROM REPROGRAMMING REQUIRE4 MENTS.—The requirements of section 3121 shall not

5 apply to transfers of funds pursuant to subsection (a).

6 (d) NOTIFICATION.—The Secretary, acting through

7 the Assistant Secretary of Energy for Environmental

8 Management, shall notify Congress of any transfer of

9 funds pursuant to subsection (a) not later than 30 days

10 after such transfer occurs.

11 (e) DEFINITIONS.—In this section:

12 (1) The term ‘‘program or project’’ means, with

13 respect to a field office of the Department of En14 ergy, any of the following:

15 (A) A program referred to or a project list16 ed in paragraph (2) or (3) of section 3102(a).

17 (B) A program or project not described in

18 subparagraph (A) that is for environmental res19 toration or waste management activities nec20 essary for national security programs of the De21 partment, that is being carried out by the of22 fice, and for which defense environmental man23 agement funds have been authorized and appro24 priated before the date of the enactment of this

25 Act.
†

33

S 1417 ES

1 (2) The term ‘‘defense environmental manage2 ment funds’’ means funds appropriated to the De3 partment of Energy pursuant to an authorization for

4 carrying out environmental restoration and waste

5 management activities necessary for national secu6 rity programs.

7 (f) DURATION OF AUTHORITY.—The managers of the

8 field offices of the Department may exercise the authority

9 provided under subsection (a) during the period beginning

10 on October 1, 2001, and ending on September 30, 2002.

11 SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.

12 (a) TRANSFER AUTHORITY FOR WEAPONS ACTIVI13 TIES FUNDS.—The Secretary of Energy shall provide the

14 manager of each field office of the Department of Energy

15 with the authority to transfer weapons activities funds

16 from a program or project under the jurisdiction of the

17 office to another such program or project.

18 (b) LIMITATIONS.—(1) Not more than three trans19 fers may be made to or from any program or project under

20 subsection (a) in a fiscal year.

21 (2) The amount transferred to or from a program

22 or project in any one transfer under subsection (a) may

23 not exceed $5,000,000.

24 (3) A transfer may not be carried out by a manager

25 of a field office under subsection (a) unless the manager
†

34

S 1417 ES

1 determines that the transfer is necessary to address a risk

2 to health, safety, or the environment or to assure the most

3 efficient use of weapons activities funds at the field office.

4 (4) Funds transferred pursuant to subsection (a)

5 may not be used for an item for which Congress has spe6 cifically denied funds or for a new program or project that

7 has not been authorized by Congress.

8 (c) EXEMPTION FROM REPROGRAMMING REQUIRE9 MENTS.—The requirements of section 3121 shall not

10 apply to transfers of funds pursuant to subsection (a).

11 (d) NOTIFICATION.—The Secretary, acting through

12 the Administrator for Nuclear Security, shall notify Con13 gress of any transfer of funds pursuant to subsection (a)

14 not later than 30 days after such transfer occurs.

15 (e) DEFINITIONS.—In this section:

16 (1) The term ‘‘program or project’’ means, with

17 respect to a field office of the Department of En18 ergy, any of the following:

19 (A) A program referred to or a project list20 ed in 3101(1).

21 (B) A program or project not described in

22 subparagraph (A) that is for weapons activities

23 necessary for national security programs of the

24 Department, that is being carried out by the of25 fice, and for which weapons activities funds
†

35

S 1417 ES

1 have been authorized and appropriated before

2 the date of the enactment of this Act.

3 (2) The term ‘‘weapons activities funds’’ means

4 funds appropriated to the Department of Energy

5 pursuant to an authorization for carrying out weap6 ons activities necessary for national security pro7 grams.

8 (f) DURATION OF AUTHORITY.—The managers of the

9 field offices of the Department may exercise the authority

10 provided under subsection (a) during the period beginning

11 on October 1, 2001, and ending on September 30, 2002.

12 Subtitle C—Program Authoriza13 tions, Restrictions, and Limita14 tions

15 SEC. 3131. LIMITATION ON AVAILABILITY OF FUNDS FOR

16 WEAPONS ACTIVITIES FOR FACILITIES AND

17 INFRASTRUCTURE.

18 Not more than 50 percent of the funds authorized

19 to be appropriated by section 3101(a)(1)(D) for the Na20 tional Nuclear Security Administration for weapons activi21 ties for facilities and infrastructure may be obligated or

22 expended until the Administrator for Nuclear Security

23 submits to the congressional defense committees a report

24 setting forth the following:
†

36

S 1417 ES

1 (1) Criteria for the selection of projects to be

2 carried out using such funds.

3 (2) Criteria for establishing priorities among

4 projects so selected.

5 (3) A list of the projects so selected, including

6 the priority assigned to each such project.

7 SEC. 3132. LIMITATION ON AVAILABILITY OF FUNDS FOR

8 OTHER DEFENSE ACTIVITIES FOR NATIONAL

9 SECURITY PROGRAMS ADMINISTRATIVE SUP10 PORT.

11 Not more than $5,000,000 of the funds authorized

12 to be appropriated by section 3103(a)(8) for other defense

13 activities for national security programs administrative

14 support may be obligated or expended until the later of

15 the following:

16 (1) The date on which the Secretary of Energy

17 submits to Congress a report setting forth the pur18 poses for which such funds will be obligated and ex19 pended.

20 (2) The date on which the Administrator for

21 Nuclear Security submits to Congress the future22 years nuclear security program for fiscal year 2002

23 required by section 3253 of the National Nuclear

24 Security Administration Act (title XXXII of Public

25 Law 106–35; 50 U.S.C. 2453).
†

37

S 1417 ES

1 SEC. 3133. NUCLEAR CITIES INITIATIVE.

2 (a) LIMITATIONS ON USE OF FUNDS.—No funds au3 thorized to be appropriated for the Nuclear Cities Initia4 tive after fiscal year 2001 may be obligated or expended

5 with respect to more than three nuclear cities, or more

6 than two serial production facilities in Russia, until 30

7 days after the Administrator for Nuclear Security submits

8 to the appropriate congressional committees an agreement

9 signed by the Russian Federation on access under the Nu10 clear Cities Initiative to the ten closed nuclear cities and

11 four serial production facilities of the Nuclear Cities Ini12 tiative.

13 (b) ANNUAL REPORT.—(1) Not later than the first

14 Monday in February each year, the Administrator shall

15 submit to the appropriate congressional committees a re16 port on financial and programmatic activities with respect

17 to the Nuclear Cities Initiative during the preceding fiscal

18 year.

19 (2) Each report shall include, for the fiscal year cov20 ered by such report, the following:

21 (A) A list of each project that is or was com22 pleted, ongoing, or planned under the Nuclear Cities

23 Initiative during such fiscal year.

24 (B) For each project listed under subparagraph

25 (A), information, current as of the end of such fiscal

26 year, on the following:
†

38

S 1417 ES

1 (i) The purpose of such project.

2 (ii) The budget for such project.

3 (iii) The life-cycle costs of such project.

4 (iv) Participants in such project.

5 (v) The commercial viability of such

6 project.

7 (vi) The number of jobs in Russia created

8 or to be created by or through such project.

9 (vii) Of the total amount of funds spent on

10 such project, the percentage of such amount

11 spent in the United States and the percentage

12 of such amount spent overseas.

13 (C) A certification by the Administrator that

14 each project listed under subparagraph (A) did con15 tribute, is contributing, or will contribute, as the

16 case may be, to the downsizing of the nuclear weap17 ons complex in Russia, together with a description

18 of the evidence utilized to make such certification.

19 (c) DEFINITIONS.—In this section:

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees means’’ the Committee on Armed Services of

23 the Senate and the Committee on Armed Services of

24 the House of Representatives.
†

39

S 1417 ES

1 (2) NUCLEAR CITIES INITIATIVE.—The term

2 ‘‘Nuclear Cities Initiative’’ means the initiative aris3 ing pursuant to the March 1998 discussion between

4 the Vice President of the United States and the

5 Prime Minister of the Russian Federation and be6 tween the Secretary of Energy of the United States

7 and the Minister of Atomic Energy of the Russian

8 Federation.

9 (3) NUCLEAR CITY.—The term ‘‘nuclear city’’

10 means any of the nuclear cities within the complex

11 of the Russia Ministry of Atomic Energy

12 (MINATOM) as follows:

13 (A) Sarov (Arzamas–16 and Avangard).

14 (B) Zarechnyy (Penza–19).

15 (C) Novoural’sk (Sverdlovsk–44).

16 (D) Lesnoy (Sverdlovsk–45).

17 (E) Ozersk (Chelyabinsk–65).

18 (F) Snezhinsk (Chelyabinsk–70).

19 (G) Trechgornyy (Zlatoust–36).

20 (H) Seversk (Tomsk–7).

21 (I) Zhelenznogorsk (Krasnoyarsk–26).

22 (J) Zelenogorsk (Krasnoyarsk–45).
†

40

S 1417 ES

1 SEC. 3134. CONSTRUCTION OF DEPARTMENT OF ENERGY

2 OPERATIONS OFFICE COMPLEX.

3 (a) AUTHORITY FOR DESIGN AND CONSTRUCTION.—

4 Subject to subsection (b), the Secretary of Energy may

5 provide for the design and construction of a new oper6 ations office complex for the Department of Energy in ac7 cordance with the feasibility study regarding such oper8 ations office complex conducted under the National De9 fense Authorization Act for Fiscal Year 2000.

10 (b) LIMITATION.—The Secretary may not exercise

11 the authority in subsection (a) until the date on which the

12 Secretary certifies to Congress that the feasibility study

13 referred to in subsection (a) is consistent with the plan

14 submitted under section 3153(a) of the Floyd D. Spence

15 National Defense Authorization Act for Fiscal Year 2001

16 (as enacted by Public Law 106–398; 114 Stat. 1654A–

17 465).

18 (c) BASIS OF AUTHORITY.—The design and construc19 tion of the operations office complex authorized by sub20 section (a) shall be carried out through one or more energy

21 savings performance contracts (ESPC) entered into under

22 this section and in accordance with the provisions of title

23 VIII of the National Energy Policy Conservation Act (42

24 U.S.C. 8287 et seq.).

25 (d) PAYMENT OF COSTS.—Amounts for payments of

26 costs associated with the construction of the operations
†

41

S 1417 ES

1 office complex authorized by subsection (a) shall be de2 rived from energy savings and ancillary operation and

3 maintenance savings that result from the replacement of

4 a current Department of Energy operations office complex

5 (as identified in the feasibility study referred to in sub6 section (a)) with the operations office complex authorized

7 by subsection (a).

8 Subtitle D—Matters Relating to

9 Management of National Nu10 clear Security Administration

11 SEC. 3141. ESTABLISHMENT OF POSITION OF DEPUTY AD12 MINISTRATOR FOR NUCLEAR SECURITY.

13 (a) ESTABLISHMENT OF POSITION.—Subtitle A of

14 the National Nuclear Security Administration Act (title

15 XXXII of Public Law 106–65; 50 U.S.C. 2401 et seq.)

16 is amended—

17 (1) by redesignating section 3213 as section

18 3219 and transferring such section, as so redesig19 nated, to the end of the subtitle; and

20 (2) by inserting after section 3212 the following

21 new section 3213:

22 ‘‘SEC. 3213. DEPUTY ADMINISTRATOR FOR NUCLEAR SECU23 RITY.

24 ‘‘(a) IN GENERAL.—There is in the Administration

25 a Deputy Administrator for Nuclear Security, who is ap-
†

42

S 1417 ES

1 pointed by the President, by and with the advice and con2 sent of the Senate.

3 ‘‘(b) DUTIES.—(1) The Deputy Administrator shall

4 be the principal assistant to the Administrator in carrying

5 out the responsibilities of the Director under this title, and

6 shall act for, and exercise the powers and duties of, the

7 Administrator when the Administrator is disabled or there

8 is no Administrator for Nuclear Security.

9 ‘‘(2) Subject to the authority, direction, and control

10 of the Administrator, the Deputy Administrator shall per11 form such duties, and exercise such powers, relating to

12 the functions of the Administration as the Administrator

13 may prescribe.’’.

14 (b) PAY LEVEL.—Section 5314 of title 5, United

15 States Code, is amended in the item relating to the Deputy

16 Administrators of the National Nuclear Security

17 Administration—

18 (1) by striking ‘‘(3)’’ and inserting ‘‘(4)’’; and

19 (2) by striking ‘‘(2)’’ and inserting ‘‘(3)’’.
†

43

S 1417 ES

1 SEC. 3142. RESPONSIBILITY FOR NATIONAL SECURITY LAB2 ORATORIES AND WEAPONS PRODUCTION FA3 CILITIES OF DEPUTY ADMINISTRATOR OF NA4 TIONAL NUCLEAR SECURITY ADMINISTRA5 TION FOR DEFENSE PROGRAMS.

6 Section 3214 of the National Nuclear Security Ad7 ministration Act (title XXXII of Public Law 106–65; 113

8 Stat. 959; 50 U.S.C. 2404) is amended by striking sub9 section (c).

10 SEC. 3143. CLARIFICATION OF STATUS WITHIN THE DE11 PARTMENT OF ENERGY OF ADMINISTRATION

12 AND CONTRACTOR PERSONNEL OF THE NA13 TIONAL NUCLEAR SECURITY ADMINISTRA14 TION.

15 Section 3219 of the National Nuclear Security Ad16 ministration Act, as redesignated and transferred by sec17 tion 3141(a)(1) of this Act, is further amended—

18 (1) in subsection (a), by striking ‘‘Administra19 tion—’’ and inserting ‘‘Administration, in carrying

20 out any function of the Administration—’’; and

21 (2) in subsection (b), by striking ‘‘shall’’ and

22 inserting ‘‘, in carrying out any function of the Ad23 ministration, shall’’.
†

44

S 1417 ES

1 SEC. 3144. MODIFICATION OF AUTHORITY OF ADMINIS2 TRATOR FOR NUCLEAR SECURITY TO ESTAB3 LISH SCIENTIFIC, ENGINEERING, AND TECH4 NICAL POSITIONS.

5 (a) INCREASE IN AUTHORIZED NUMBER OF POSI6 TIONS.—Section 3241 of the National Nuclear Security

7 Administration Act (title XXXII of Public Law 106–65;

8 113 Stat. 964; 50 U.S.C. 2441) is amended—

9 (1) by inserting ‘‘(a) IN GENERAL—’’ before

10 ‘‘The Administrator’’; and

11 (2) in subsection (a), as so designated, by strik12 ing ‘‘300’’ and inserting ‘‘500’’.

13 (b) DESIGNATION OF EXISTING PROVISIONS ON

14 TREATMENT OF AUTHORITY.—That section is further

15 amended—

16 (1) by designating the second sentence as sub17 section (b);

18 (2) aligning the margin of that subsection, as

19 so designated, so as to indent the text two ems; and

20 (3) in that subsection, as so designated, by

21 striking ‘‘Subject to the limitations in the preceding

22 sentence,’’ and inserting ‘‘(b) TREATMENT OF AU23 THORITY.—Subject to the limitations in subsection

24 (a),’’.
†

45

S 1417 ES

1 (c) TREATMENT OF POSITIONS.—That section is fur2 ther amended by adding at the end the following new sub3 section:

4 ‘‘(c) TREATMENT OF POSITIONS.—A position estab5 lished under subsection (a) may not be considered a Senior

6 Executive Service position (as that term is defined in sec7 tion 3132(a)(2) of title 5, United States Code), and shall

8 not be subject to the provisions of subchapter II of chapter

9 31 of that title, relating to the Senior Executive Service.’’.

10 Subtitle E—Other Matters

11 SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCU12 PATIONAL ILLNESS COMPENSATION PRO13 GRAM.

14 (a) CERTAIN LEUKEMIA AS SPECIFIED CANCER.—

15 Section 3621(17) of the Energy Employees Occupational

16 Illness Compensation Program Act of 2000 (title XXXVI

17 of the Floyd D. Spence National Defense Authorization

18 Act for Fiscal Year 2001 (as enacted by Public Law 106–

19 398); 114 Stat. 1654A–502), as amended by section 2403

20 of the Supplemental Appropriations Act, 2001 (Public

21 Law 107–20), is further amended by adding at the end

22 the following new subparagraph:

23 ‘‘(D) Leukemia (other than chronic

24 lymphocytic leukemia), if initial occupation ex25 posure occurred before 21 years of age and
†

46

S 1417 ES

1 onset occurred more than two years after initial

2 occupational exposure.’’.

3 (b) ADDITIONAL MEMBERS OF SPECIAL EXPOSURE

4 COHORT.—Section 3626(b) of that Act (114 Stat. 1654A–

5 505) is amended in the matter preceding paragraph (1)

6 by inserting after ‘‘Department of Energy facility’’ the fol7 lowing: ‘‘, or at an atomic weapons employer facility,’’.

8 (c) ESTABLISHMENT OF CHRONIC SILICOSIS.—Sec9 tion 3627(e)(2)(A) of that Act (114 Stat. 1654A–506) is

10 amended by striking ‘‘category 1/1’’ and inserting ‘‘cat11 egory 1/0’’.

12 (d) SURVIVORS.—

13 (1) IN GENERAL.—Subsection (e) of section

14 3628 of that Act (114 Stat. 1654A–506) is amended

15 to read as follows:

16 ‘‘(e) SURVIVORS.—(1) If a covered employee dies be17 fore accepting payment of compensation under this sec18 tion, whether or not the death is the result of the covered

19 employee’s occupational illness, the survivors of the cov20 ered employee who are living at the time of payment of

21 compensation under this section shall receive payment of

22 compensation under this section in lieu of the covered em23 ployee as follows:

24 ‘‘(A) If such living survivors of the covered em25 ployee include a spouse and one or more children—
†

47

S 1417 ES

1 ‘‘(i) the spouse shall receive one-half of the

2 amount of compensation provided for the cov3 ered employee under this section; and

4 ‘‘(ii) each child shall receive an equal share

5 of the remaining one-half of the amount of the

6 compensation provided for the covered employee

7 under this section.

8 ‘‘(B) If such living survivors of the covered em9 ployee include a spouse or one or more children, but

10 not both a spouse and one or more children—

11 ‘‘(i) the spouse shall receive the amount of

12 compensation provided for the covered employee

13 under this section; or

14 ‘‘(ii) each child shall receive an equal share

15 of the amount of the compensation provided for

16 the covered employee under this section.

17 ‘‘(C) If such living survivors of the covered em18 ployee do not include a spouse or any children, but

19 do include one or both parents, one or more grand20 parents, one or more grandchildren, or any combina21 tion of such individuals, each such individual shall

22 receive an equal share of the amount of the com23 pensation provided for the covered employee under

24 this section.
†

48

S 1417 ES

1 ‘‘(2) For purposes of this subsection, the term ‘child’,

2 in the case of a covered employee, means any child of the

3 covered employee, including a natural child, adopted child,

4 or step-child who lived with the covered employee in a par5 ent-child relationship.’’.

6 (2) URANIUM EMPLOYEES.—Subsection (e) of

7 section 3630 of that Act (114 Stat. 1654A–507) is

8 amended to read as follows:

9 ‘‘(e) SURVIVORS.—(1) If a covered uranium employee

10 dies before accepting payment of compensation under this

11 section, whether or not the death is the result of the cov12 ered uranium employee’s occupational illness, the sur13 vivors of the covered uranium employee who are living at

14 the time of payment of compensation under this section

15 shall receive payment of compensation under this section

16 in lieu of the covered uranium employee as follows:

17 ‘‘(A) If such living survivors of the covered ura18 nium employee include a spouse and one or more

19 children—

20 ‘‘(i) the spouse shall receive one-half of the

21 amount of compensation provided for the cov22 ered uranium employee under this section; and

23 ‘‘(ii) each child shall receive an equal share

24 of the remaining one-half of the amount of the
†

49

S 1417 ES

1 compensation provided for the covered uranium

2 employee under this section.

3 ‘‘(B) If such living survivors of the covered ura4 nium employee include a spouse or one or more chil5 dren, but not both a spouse and one or more

6 children—

7 ‘‘(i) the spouse shall receive the amount of

8 compensation provided for the covered uranium

9 employee under this section; or

10 ‘‘(ii) each child shall receive an equal share

11 of the amount of the compensation provided for

12 the covered uranium employee under this sec13 tion.

14 ‘‘(C) If such living survivors of the covered ura15 nium employee do not include a spouse or any chil16 dren, but do include one or both parents, one or

17 more grandparents, one or more grandchildren, or

18 any combination of such individuals, each such indi19 vidual shall receive an equal share of the amount of

20 the compensation provided for the covered uranium

21 employee under this section.

22 ‘‘(2) For purposes of this subsection, the term ‘child’,

23 in the case of a covered uranium employee, means any

24 child of the covered employee, including a natural child,
†

50

S 1417 ES

1 adopted child, or step-child who lived with the covered em2 ployee in a parent-child relationship.’’.

3 (3) REPEAL OF SUPERSEDED PROVISION.—

4 Paragraph (18) of section 3621 of that Act (114

5 Stat. 1654A–502) is repealed.

6 (4) EFFECTIVE DATE.—The amendments made

7 by this subsection shall take effect on July 1, 2001.

8 (e) DISMISSAL OF PENDING SUITS.—Section 3645(d)

9 of that Act (114 Stat. 1654A–510) is amended by striking

10 ‘‘the plaintiff shall not’’ and all that follows through the

11 end and inserting ‘‘and was not dismissed as of the date

12 of the enactment of the National Defense Authorization

13 Act for Fiscal Year 2002, the plaintiff shall be eligible for

14 compensation or benefits under subtitle B only if the

15 plaintiff dismisses such case not later than December 31,

16 2003.’’.

17 (f) ATTORNEY FEES.—Section 3648 of that Act (114

18 Stat. 1654A–511) is amended—

19 (1) in subsection (b)—

20 (A) in paragraph (1), by striking ‘‘and’’ at

21 the end;

22 (B) in paragraph (2), by striking the pe23 riod at the end and inserting ‘‘; and’’; and

24 (C) by adding at the end the following new

25 paragraph (3):
†

51

S 1417 ES

1 ‘‘(3) 10 percent of any compensation paid

2 under the claim for assisting with or representing a

3 claimant seeking such compensation by the provision

4 of services other than, or in addition to, services in

5 connection with the filing of an initial claim covered

6 by paragraph (1).’’;

7 (2) by redesignating subsection (c) and sub8 section (d); and

9 (3) by inserting after subsection (b) the fol10 lowing new subsection (c):

11 ‘‘(c) INAPPLICABILITY TO SERVICES PROVIDED

12 AFTER AWARD OF COMPENSATION.—This section shall

13 not apply with respect to any representation or assistance

14 provided to an individual awarded compensation under

15 subtitle B after the award of compensation.’’.

16 (g) STUDY OF RESIDUAL CONTAMINATION OF FA17 CILITIES.—(1) The National Institute for Occupational

18 Safety and Health shall, with the cooperation of the De19 partment of Energy and the Department of Labor, con20 duct a study on the following:

21 (A) Whether or not significant contamination

22 remained in any atomic weapons employer facility or

23 facility of a beryllium vendor after such facility dis24 continued activities relating to the production of nu25 clear weapons.
†

52

S 1417 ES

1 (B) If so, whether or not such contamination

2 could have caused or substantially contributed to the

3 cancer of a covered employee with cancer or a cov4 ered beryllium illness, as the case may be.

5 (2)(A) Not later than 180 days after the date of the

6 enactment of this Act, the National Institute for Occupa7 tional Safety and Health shall submit to the congressional

8 defense committees a report on the progress made as of

9 the date of the report on the study under paragraph (1).

10 (B) Not later than one year after the date of the en11 actment of this Act, the National Institute shall submit

12 to the congressional defense committees a final report on

13 the study under paragraph (1).

14 (3) Amounts for the study under paragraph (1) shall

15 be derived from amounts authorized to be appropriated

16 by section 3614(a) of the Energy Employees Occupational

17 Illness Compensation Program Act of 2000 (114 Stat.

18 1654A–498).

19 (4) In this subsection:

20 (A) The terms ‘‘atomic weapons employer facil21 ity’’, ‘‘beryllium vendor’’, ‘‘covered employee with

22 cancer’’, and ‘‘covered beryllium illness’’ have the

23 meanings given those terms in section 3621 of the

24 Energy Employees Occupational Illness Compensa25 tion Program Act of 2000 (114 Stat. 1654A–498).
†

53

S 1417 ES

1 (B) The term ‘‘contamination’’ means the pres2 ence of any material exposure to which could cause

3 or substantially contribute to the cancer of a covered

4 employee with cancer or a covered beryllium illness,

5 as the case may be.

6 SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTEL7 LIGENCE POLYGRAPH PROGRAM.

8 (a) INTERIM COUNTERINTELLIGENCE POLYGRAPH

9 PROGRAM.—(1) Not later than 120 days after the date

10 of enactment of this Act, the Secretary of Energy shall

11 submit to the congressional defense committees a plan for

12 conducting, as part of the Department of Energy per13 sonnel assurance programs, an interim counterintelligence

14 polygraph program consisting of polygraph examinations

15 of Department of Energy employees, or contractor em16 ployees, at Department facilities. The purpose of examina17 tions under the interim program is to minimize the poten18 tial for release or disclosure of classified data, materials,

19 or information until the program required under sub20 section (b) is in effect.

21 (2) The Secretary may exclude from examinations

22 under the interim program any position or class of posi23 tions (as determined by the Secretary) for which the indi24 vidual or individuals in such position or class of

25 positions—
†

54

S 1417 ES

1 (A) either—

2 (i) operate in a controlled environment

3 that does not afford an opportunity, through

4 action solely by the individual or individuals, to

5 inflict damage on or impose risks to national

6 security; and

7 (ii) have duties, functions, or responsibil8 ities which are compartmentalized or supervised

9 such that the individual or individuals do not

10 impose risks to national security; or

11 (B) do not have routine access to top secret Re12 stricted Data.

13 (3) The plan shall ensure that individuals who under14 go examinations under the interim program receive protec15 tions as provided under part 40 of title 49, Code of Fed16 eral Regulations.

17 (4) To ensure that administration of the interim pro18 gram does not disrupt safe operations of a facility, the

19 plan shall insure notification of the management of the

20 facility at least 14 days in advance of any examination

21 scheduled under the interim program for any employees

22 of the facility.

23 (5) The plan shall include procedures under the in24 terim program for—
†

55

S 1417 ES

1 (A) identifying and addressing so-called ‘‘false

2 positive’’ results of polygraph examinations; and

3 (B) ensuring that adverse personnel actions not

4 be taken against an individual solely by reason of

5 the individual’s physiological reaction to a question

6 in a polygraph examination, unless reasonable ef7 forts are first made to independently determine

8 through alternative means the veracity of the indi9 vidual’s response to the question.

10 (b) NEW COUNTERINTELLIGENCE POLYGRAPH PRO11 GRAM.—(1) Not later than six months after obtaining the

12 results of the Polygraph Review, the Secretary shall pre13 scribe a proposed rule containing requirements for a coun14 terintelligence polygraph program for the Department of

15 Energy. The purpose of the program is to minimize the

16 potential for release or disclosure of classified data, mate17 rials, or information.

18 (2) The Secretary shall prescribe the proposed rule

19 under this subsection in accordance with the provisions of

20 subchapter II of chapter 5 of title 5, United States Code

21 (commonly referred to as the Administrative Procedures

22 Act).

23 (3) In prescribing the proposed rule under this sub24 section, the Secretary may include in requirements under
†

56

S 1417 ES

1 the proposed rule any requirement or exclusion provided

2 for in paragraphs (2) through (5) of subsection (a).

3 (4) In prescribing the proposed rule under this sub4 section, the Secretary shall take into account the results

5 of the Polygraph Review.

6 (c) REPEAL OF EXISTING POLYGRAPH PROGRAM.—

7 Section 3154 of the Department of Energy Facilities Safe8 guards, Security, and Counterintelligence Enhancement

9 Act of 1999 (subtitle D of title XXXI of Public Law 106–

10 65; 42 U.S.C. 7383h) is repealed.

11 (d) REPORT ON FURTHER ENHANCEMENT OF PER12 SONNEL SECURITY PROGRAM.—(1) Not later than De13 cember 31, 2002, the Administrator for Nuclear Security

14 shall submit to Congress a report setting forth the rec15 ommendations of the Administrator for any legislative ac16 tion that the Administrator considers appropriate in order

17 to enhance the personnel security program of the Depart18 ment of Energy.

19 (2) Any recommendations under paragraph (1) re20 garding the use of polygraphs shall take into account the

21 results of the Polygraph Review.

22 (e) DEFINITIONS.—In this section:

23 (1) The term ‘‘Polygraph Review’’ means the

24 review of the Committee to Review the Scientific
†

57

S 1417 ES

1 Evidence on the Polygraph of the National Academy

2 of Sciences.

3 (2) The term ‘‘Restricted Data’’ has the mean4 ing given that term in section 11 y. of the Atomic

5 Energy Act of 1954 (42 U.S.C. 2014(y)).

6 SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DE7 PARTMENT OF ENERGY TO PAY VOLUNTARY

8 SEPARATION INCENTIVE PAYMENTS.

9 Section 3161(a) of the National Defense Authoriza10 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

11 Stat. 942; 5 U.S.C. 5597 note) is amended by striking

12 ‘‘January 1, 2003’’ and inserting ‘‘January 1, 2004’’.

13 SEC. 3154. ADDITIONAL OBJECTIVE FOR DEPARTMENT OF

14 ENERGY DEFENSE NUCLEAR FACILITY WORK

15 FORCE RESTRUCTURING PLAN.

16 Section 3161(c) of the National Defense Authoriza17 tion Act for Fiscal Year 1993 (Public Law 102–484; 42

18 U.S.C. 7274h(c)) is amended by adding at the end the

19 following new paragraph:

20 ‘‘(7) The Department of Energy should provide

21 assistance to promote the diversification of the

22 economies of communities in the vicinity of any De23 partment of Energy defense nuclear facility that

24 may, as determined by the Secretary, be affected by
†

58

S 1417 ES

1 a future restructuring of its work force under the

2 plan.’’.

3 SEC. 3155. MODIFICATION OF DATE OF REPORT OF PANEL

4 TO ASSESS THE RELIABILITY, SAFETY, AND

5 SECURITY OF THE UNITED STATES NUCLEAR

6 STOCKPILE.

7 Section 3159(d) of the Strom Thurmond National

8 Defense Authorization Act for Fiscal Year 1999 (Public

9 Law 105–261; 42 U.S.C. 2121 note) is amended by strik10 ing ‘‘of each year, beginning with 1999,’’ and inserting

11 ‘‘of 1999 and 2000, and not later than February 1,

12 2002,’’.

13 SEC. 3156. REPORTS ON ACHIEVEMENT OF MILESTONES

14 FOR NATIONAL IGNITION FACILITY.

15 (a) NOTIFICATION OF ACHIEVEMENT.—The Admin16 istrator for Nuclear Security shall notify the congressional

17 defense committees when the National Ignition Facility

18 (NIF), Lawrence Livermore National Laboratory, Cali19 fornia, achieves each Level one milestone and Level two

20 milestone for the National Ignition Facility.

21 (b) REPORT ON FAILURE OF TIMELY ACHIEVE22 MENT.—Not later than 10 days after the date on which

23 the National Ignition Facility fails to achieve a Level one

24 milestone or Level two milestone for the National Ignition

25 Facility in a timely manner, the Administrator shall sub-
†

59

S 1417 ES

1 mit to the congressional defense committees a report on

2 the failure. The report on a failure shall include—

3 (1) a statement of the failure of the National

4 Ignition Facility to achieve the milestone concerned

5 in a timely manner;

6 (2) an explanation for the failure; and

7 (3) either—

8 (A) an estimate when the milestone will be

9 achieved; or

10 (B) if the milestone will not be achieved—

11 (i) a statement that the milestone will

12 not be achieved;

13 (ii) an explanation why the milestone

14 will not be achieved; and

15 (iii) the implications for the overall

16 scope, schedule, and budget of the Na17 tional Ignition Facility project of not

18 achieving the milestone.

19 (c) MILESTONES.—For purposes of this section, the

20 Level one milestones and Level two milestones for the Na21 tional Ignition Facility are as established in the August

22 2000 revised National Ignition Facility baseline document.
†

60

S 1417 ES

1 SEC. 3157. SUPPORT FOR PUBLIC EDUCATION IN THE VI2 CINITY OF LOS ALAMOS NATIONAL LABORA3 TORY, NEW MEXICO.

4 (a) SUPPORT IN FISCAL YEAR 2002.—From

5 amounts authorized to be appropriated or otherwise made

6 available to the Secretary of Energy by this title—

7 (1) $6,900,000 shall be available for payment

8 by the Secretary for fiscal year 2002 to the Los Ala9 mos National Laboratory Foundation, a not-for10 profit educational foundation chartered in accord11 ance with section 3167(a) of the National Defense

12 Authorization Act for Fiscal Year 1998 (Public Law

13 105–85; 111 Stat. 2052); and

14 (2) $8,000,000 shall be available for extension

15 of the contract between the Department of Energy

16 and the Los Alamos Public Schools through fiscal

17 year 2002.

18 (b) SUPPORT THROUGH FISCAL YEAR 2004.—Sub19 ject to the availability of appropriations for such purposes,

20 the Secretary may—

21 (1) make a payment for each of fiscal years

22 2003 and 2004 similar in amount to the payment

23 referred to in subsection (a)(1) for fiscal year 2002;

24 and

25 (2) provide for a contract extension through fis26 cal year 2004 similar to the contract extension re-
†

61

S 1417 ES

1 ferred to in subsection (a)(2), including the use of

2 an amount for that purpose in each of fiscal years

3 2003 and 2004 similar to the amount available for

4 that purpose in fiscal year 2002 under that sub5 section.

6 (c) USE OF FUNDS.—The Los Alamos National Lab7 oratory Foundation shall—

8 (1) use funds provided the Foundation under

9 this section as a contribution to the endowment fund

10 of the Foundation; and

11 (2) use the income generated from investments

12 in the endowment fund that are attributable to pay13 ments made under this section to fund programs to

14 support the educational needs of children in public

15 schools in the vicinity of Los Alamos National Lab16 oratory.

17 (d) REPORT.—Not later than March 1, 2003, the Ad18 ministrator for Nuclear Security shall submit to the con19 gressional defense committees a report setting for the fol20 lowing:

21 (1) An evaluation of the requirements for con22 tinued payments after fiscal year 2004 into the en23 dowment fund of the Los Alamos Laboratory Foun24 dation to enable the Foundation to meet the goals

25 of the Department of Energy to support the recruit-
†

62

S 1417 ES

1 ment and retention of staff at the Los Alamos Na2 tional Laboratory.

3 (2) Recommendations regarding the advisability

4 of any further direct support after fiscal year 2004

5 for the Los Alamos Public Schools.

6 SEC. 3158. IMPROVEMENTS TO CORRAL HOLLOW ROAD,

7 LIVERMORE, CALIFORNIA.

8 Of the amounts authorized to be appropriated by sec9 tion 3101, not more than $325,000 shall be available to

10 the Secretary of Energy for safety improvements to Corral

11 Hollow Road adjacent to Site 300 of Lawrence Livermore

12 National Laboratory, California.

13 SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNER14 ABILITY OF DEPARTMENT OF ENERGY FA15 CILITIES TO TERRORIST ATTACK.

16 (a) IN GENERAL.—Part C of title VI of the Depart17 ment of Energy Organization Act (42 U.S.C. 7251 et seq.)

18 is amended by adding at the end the following new section:

19 ‘‘ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY

20 OF FACILITIES TO TERRORIST ATTACK

21 ‘‘SEC. 663. (a) The Secretary shall, on an annual

22 basis, conduct a comprehensive assessment of the vulner23 ability of Department facilities to terrorist attack.

24 ‘‘(b) Not later than January 31 each year, the Sec25 retary shall submit to Congress a report on the assessment

26 conducted under subsection (a) during the preceding year.
†

63

S 1417 ES

1 Each report shall include the results of the assessment

2 covered by such report, together with such findings and

3 recommendations as the Secretary considers appro4 priate.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of that Act is amended by inserting after

7 the item relating to section 662 the following new item:

‘‘Sec. 663. Annual assessment and report on vulnerability of facilities to terrorist attack.’’.

8 Subtitle F—Rocky Flats National

9 Wildlife Refuge

10 SEC. 3171. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Rocky Flats Na12 tional Wildlife Refuge Act of 2001’’.

13 SEC. 3172. FINDINGS AND PURPOSES.

14 (a) FINDINGS.—Congress finds the following:

15 (1) The Federal Government, through the

16 Atomic Energy Commission, acquired the Rocky

17 Flats site in 1951 and began operations there in

18 1952. The site remains a Department of Energy fa19 cility. Since 1992, the mission of the Rocky Flats

20 site has changed from the production of nuclear

21 weapons components to cleanup and closure in a

22 manner that is safe, environmentally and socially re23 sponsible, physically secure, and cost-effective.
†

64

S 1417 ES

1 (2) The site has generally remained undisturbed

2 since its acquisition by the Federal Government.

3 (3) The State of Colorado is experiencing in4 creasing growth and development, especially in the

5 metropolitan Denver Front Range area in the vicin6 ity of the Rocky Flats site. That growth and devel7 opment reduces the amount of open space and there8 by diminishes for many metropolitan Denver com9 munities the vistas of the striking Front Range

10 mountain backdrop.

11 (4) Some areas of the site contain contamina12 tion and will require further response action. The

13 national interest requires that the ongoing cleanup

14 and closure of the entire site be completed safely, ef15 fectively, and without unnecessary delay and that

16 the site thereafter be retained by the United States

17 and managed so as to preserve the value of the site

18 for open space and wildlife habitat.

19 (5) The Rocky Flats site provides habitat for

20 many wildlife species, including a number of threat21 ened and endangered species, and is marked by the

22 presence of rare xeric tallgrass prairie plant commu23 nities. Establishing the site as a unit of the National

24 Wildlife Refuge System will promote the preserva-
†

65

S 1417 ES

1 tion and enhancement of those resources for present

2 and future generations.

3 (b) PURPOSES.—The purposes of this subtitle are—

4 (1) to provide for the establishment of the

5 Rocky Flats site as a national wildlife refuge fol6 lowing cleanup and closure of the site;

7 (2) to create a process for public input on ref8 uge management before transfer of administrative

9 jurisdiction to the Secretary of the Interior; and

10 (3) to ensure that the Rocky Flats site is thor11 oughly and completely cleaned up.

12 SEC. 3173. DEFINITIONS.

13 In this subtitle:

14 (1) CLEANUP AND CLOSURE.—The term

15 ‘‘cleanup and closure’’ means the response actions

16 and decommissioning activities being carried out at

17 Rocky Flats by the Department of Energy under the

18 1996 Rocky Flats Cleanup Agreement, the closure

19 plans and baselines, and any other relevant docu20 ments or requirements.

21 (2) COALITION.—The term ‘‘Coalition’’ means

22 the Rocky Flats Coalition of Local Governments es23 tablished by the Intergovernmental Agreement,

24 dated February 16, 1999, among—

25 (A) the city of Arvada, Colorado;
†

66

S 1417 ES

1 (B) the city of Boulder, Colorado;

2 (C) the city of Broomfield, Colorado;

3 (D) the city of Westminster, Colorado;

4 (E) the town of Superior, Colorado;

5 (F) Boulder County, Colorado; and

6 (G) Jefferson County, Colorado.

7 (3) HAZARDOUS SUBSTANCE.—The term ‘‘haz8 ardous substance’’ means—

9 (A) any hazardous substance, pollutant, or

10 contaminant regulated under the Comprehen11 sive Environmental Response, Compensation,

12 and Liability Act of 1980 (42 U.S.C. 9601 et

13 seq.); and

14 (B) any—

15 (i) petroleum (including any petro16 leum product or derivative);

17 (ii) unexploded ordnance;

18 (iii) military munition or weapon; or

19 (iv) nuclear or radioactive material;

20 not otherwise regulated as a hazardous sub21 stance under any law in effect on the date of

22 enactment of this Act.

23 (4) POLLUTANT OR CONTAMINANT.—The term

24 ‘‘pollutant or contaminant’’ has the meaning given

25 the term in section 101 of the Comprehensive Envi-
†

67

S 1417 ES

1 ronmental Response, Compensation, and Liability

2 Act of 1980 (42 U.S.C. 9601).

3 (5) REFUGE.—The term ‘‘refuge’’ means the

4 Rocky Flats National Wildlife Refuge established

5 under section 3177.

6 (6) RESPONSE ACTION.—The term ‘‘response

7 action’’ has the meaning given the term ‘‘response’’

8 in section 101 of the Comprehensive Environmental

9 Response, Compensation, and Liability Act of 1980

10 (42 U.S.C. 9601) or any similar requirement under

11 State law.

12 (7) RFCA.—The term ‘‘RFCA’’ means the

13 Rocky Flats Cleanup Agreement, an intergovern14 mental agreement, dated July 19, 1996, among—

15 (A) the Department of Energy;

16 (B) the Environmental Protection Agency;

17 and

18 (C) the Department of Public Health and

19 Environment of the State of Colorado.

20 (8) ROCKY FLATS.—

21 (A) IN GENERAL.—The term ‘‘Rocky

22 Flats’’ means the Rocky Flats Environmental

23 Technology Site, Colorado, a defense nuclear fa24 cility, as depicted on the map entitled ‘‘Rocky

25 Flats Environmental Technology Site’’, dated
†

68

S 1417 ES

1 July 15, 1998, and available for inspection in

2 the appropriate offices of the United States

3 Fish and Wildlife Service.

4 (B) EXCLUSIONS.—The term ‘‘Rocky

5 Flats’’ does not include—

6 (i) land and facilities of the Depart7 ment of Energy’s National Wind Tech8 nology Center; or

9 (ii) any land and facilities not within

10 the boundaries depicted on the map identi11 fied in subparagraph (A).

12 (9) ROCKY FLATS TRUSTEES.—The term

13 ‘‘Rocky Flats Trustees’’ means the Federal and

14 State of Colorado entities that have been identified

15 as trustees for Rocky Flats under section 107(f)(2)

16 of the Comprehensive Environmental Response,

17 Compensation, and Liability Act of 1980 (42 U.S.C.

18 9607(f)(2)).

19 (10) SECRETARY.—The term ‘‘Secretary’’

20 means the Secretary of Energy.

21 SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.

22 (a) FEDERAL OWNERSHIP.—Except as expressly pro23 vided in this subtitle or any Act enacted after the date

24 of enactment of this Act, all right, title, and interest of

25 the United States, held on or acquired after the date of
†

69

S 1417 ES

1 enactment of this Act, to land or interest therein, includ2 ing minerals, within the boundaries of Rocky Flats shall

3 be retained by the United States.

4 (b) LINDSAY RANCH.—The structures that comprise

5 the former Lindsay Ranch homestead site in the Rock

6 Creek Reserve area of the buffer zone, as depicted on the

7 map referred to in section 3173(8), shall be permanently

8 preserved and maintained in accordance with the National

9 Historic Preservation Act (16 U.S.C. 470 et seq.).

10 (c) PROHIBITION ON ANNEXATION.—Neither the

11 Secretary nor the Secretary of the Interior shall allow the

12 annexation of land within the refuge by any unit of local

13 government.

14 (d) PROHIBITION ON THROUGH ROADS.—Except as

15 provided in subsection (e), no public road shall be con16 structed through Rocky Flats.

17 (e) TRANSPORTATION RIGHT-OF-WAY.—

18 (1) IN GENERAL.—

19 (A) AVAILABILITY OF LAND.—On submis20 sion of an application meeting each of the con21 ditions specified in paragraph (2), the Sec22 retary, in consultation with the Secretary of the

23 Interior, shall make available land along the

24 eastern boundary of Rocky Flats for the sole
†

70

S 1417 ES

1 purpose of transportation improvements along

2 Indiana Street.

3 (B) BOUNDARIES.—Land made available

4 under this paragraph may not extend more

5 than 300 feet from the west edge of the Indiana

6 Street right-of-way, as that right-of-way exists

7 as of the date of enactment of this Act.

8 (C) EASEMENT OR SALE.—Land may be

9 made available under this paragraph by ease10 ment or sale to 1 or more appropriate entities.

11 (D) COMPLIANCE WITH APPLICABLE

12 LAW.—Any action under this paragraph shall

13 be taken in compliance with applicable law.

14 (2) CONDITIONS.—An application for land

15 under this subsection may be submitted by any

16 county, city, or other political subdivision of the

17 State of Colorado and shall include documentation

18 demonstrating that—

19 (A) the transportation project is con20 structed so as to minimize adverse effects on

21 the management of Rocky Flats as a wildlife

22 refuge; and

23 (B) the transportation project is included

24 in the regional transportation plan of the met25 ropolitan planning organization designated for
†

71

S 1417 ES

1 the Denver metropolitan area under section

2 5303 of title 49, United States Code.

3 SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES

4 AND JURISDICTION OVER ROCKY FLATS.

5 (a) IN GENERAL.—

6 (1) MEMORANDUM OF UNDERSTANDING.—

7 (A) IN GENERAL.—Not later than 1 year

8 after the date of enactment of this Act, the Sec9 retary and the Secretary of the Interior shall

10 publish in the Federal Register a draft memo11 randum of understanding under which—

12 (i) the Secretary shall provide for the

13 subsequent transfer of administrative juris14 diction over Rocky Flats to the Secretary

15 of the Interior; and

16 (ii) the Secretary of the Interior shall

17 manage natural resources at Rocky Flats

18 until the date on which the transfer be19 comes effective.

20 (B) REQUIRED ELEMENTS.—

21 (i) IN GENERAL.—Subject to clause

22 (ii), the memorandum of understanding

23 shall—

24 (I) provide for the division of re25 sponsibilities between the Secretary
†

72

S 1417 ES

1 and the Secretary of the Interior nec2 essary to carry out the proposed

3 transfer of land;

4 (II) for the period ending on the

5 date of the transfer—

6 (aa) provide for the division

7 of responsibilities between the

8 Secretary and the Secretary of

9 the Interior; and

10 (bb) provide for the manage11 ment of the land proposed to be

12 transferred by the Secretary of

13 the Interior as a national wildlife

14 refuge, for the purposes provided

15 under section 3177(d)(2);

16 (III) provide for the annual

17 transfer of funds from the Secretary

18 to the Secretary of the Interior for the

19 management of the land proposed to

20 be transferred; and

21 (IV) subject to subsection (b)(1),

22 identify the land proposed to be trans23 ferred to the Secretary of the Interior.

24 (ii) NO REDUCTION IN FUNDS.—The

25 memorandum of understanding and the
†

73

S 1417 ES

1 subsequent transfer shall not result in any

2 reduction in funds available to the Sec3 retary for cleanup and closure of Rocky

4 Flats.

5 (C) DEADLINE.—Not later than 18

6 months after the date of enactment of this Act,

7 the Secretary and Secretary of the Interior

8 shall finalize and implement the memorandum

9 of understanding.

10 (2) EXCLUSIONS.—The transfer under para11 graph (1) shall not include the transfer of any prop12 erty or facility over which the Secretary retains ju13 risdiction, authority, and control under subsection

14 (b)(1).

15 (3) CONDITION.—The transfer under paragraph

16 (1) shall occur—

17 (A) not earlier than the date on which the

18 Administrator of the Environmental Protection

19 Agency certifies to the Secretary and to the

20 Secretary of the Interior that the cleanup and

21 closure and all response actions at Rocky Flats

22 have been completed, except for the operation

23 and maintenance associated with those actions;

24 but
†

74

S 1417 ES

1 (B) not later than 30 business days after

2 that date.

3 (4) COST; IMPROVEMENTS.—The transfer—

4 (A) shall be completed without cost to the

5 Secretary of the Interior; and

6 (B) may include such buildings or other

7 improvements as the Secretary of the Interior

8 has requested in writing for refuge management

9 purposes.

10 (b) PROPERTY AND FACILITIES EXCLUDED FROM

11 TRANSFERS.—

12 (1) IN GENERAL.—The Secretary shall retain

13 jurisdiction, authority, and control over all real prop14 erty and facilities at Rocky Flats that are to be used

15 for—

16 (A) any necessary and appropriate long17 term operation and maintenance facility to

18 intercept, treat, or control a radionuclide or any

19 other hazardous substance, pollutant, or con20 taminant; and

21 (B) any other purpose relating to a re22 sponse action or any other action that is re23 quired to be carried out at Rocky Flats.

24 (2) CONSULTATION.—

25 (A) IDENTIFICATION OF PROPERTY.—
†

75

S 1417 ES

1 (i) IN GENERAL.—The Secretary shall

2 consult with the Secretary of the Interior,

3 the Administrator of the Environmental

4 Protection Agency, and the State of Colo5 rado on the identification of all property to

6 be retained under this subsection to ensure

7 the continuing effectiveness of response ac8 tions.

9 (ii) AMENDMENT TO MEMORANDUM

10 OF UNDERSTANDING.—

11 (I) IN GENERAL.—After the con12 sultation, the Secretary and the Sec13 retary of the Interior shall by mutual

14 consent amend the memorandum of

15 understanding required under sub16 section (a) to specifically identify the

17 land for transfer and provide for de18 termination of the exact acreage and

19 legal description of the property to be

20 transferred by a survey mutually sat21 isfactory to the Secretary and the Sec22 retary of the Interior.

23 (II) COUNCIL ON ENVIRON24 MENTAL QUALITY.—In the event the

25 Secretary and the Secretary of the In-
†

76

S 1417 ES

1 terior cannot agree on the land to be

2 retained or transferred, the Secretary

3 or the Secretary of the Interior may

4 refer the issue to the Council on Envi5 ronmental Quality, which shall decide

6 the issue within 45 days of such refer7 ral, and the Secretary and the Sec8 retary of the Interior shall then

9 amend the memorandum of under10 standing required under subsection

11 (a) in conformity with the decision of

12 the Council on Environmental Qual13 ity.

14 (B) MANAGEMENT OF PROPERTY.—

15 (i) IN GENERAL.—The Secretary shall

16 consult with the Secretary of the Interior

17 on the management of the retained prop18 erty to minimize any conflict between the

19 management of property transferred to the

20 Secretary of the Interior and property re21 tained by the Secretary for response ac22 tions.

23 (ii) CONFLICT.—In the case of any

24 such conflict, implementation and mainte-
†

77

S 1417 ES

1 nance of the response action shall take pri2 ority.

3 (3) ACCESS.—As a condition of the transfer

4 under subsection (a), the Secretary shall be provided

5 such easements and access as are reasonably re6 quired to carry out any obligation or address any li7 ability.

8 (c) ADMINISTRATION.—

9 (1) IN GENERAL.—On completion of the trans10 fer under subsection (a), the Secretary of the Inte11 rior shall administer Rocky Flats in accordance with

12 this subtitle subject to—

13 (A) any response action or institutional

14 control at Rocky Flats carried out by or under

15 the authority of the Secretary under the Com16 prehensive Environmental Response, Compensa17 tion, and Liability Act of 1980 (42 U.S.C. 9601

18 et seq.); and

19 (B) any other action required under any

20 other Federal or State law to be carried out by

21 or under the authority of the Secretary.

22 (2) CONFLICT.—In the case of any conflict be23 tween the management of Rocky Flats by the Sec24 retary of the Interior and the conduct of any re25 sponse action or other action described in subpara-
†

78

S 1417 ES

1 graph (A) or (B) of paragraph (1), the response ac2 tion or other action shall take priority.

3 (3) CONTINUING ACTIONS.—Except as provided

4 in paragraph (1), nothing in this subsection affects

5 any response action or other action initiated at

6 Rocky Flats on or before the date of the transfer

7 under subsection (a).

8 (d) LIABILITY.—

9 (1) IN GENERAL.—The Secretary shall retain

10 any obligation or other liability for land transferred

11 under subsection (a) under—

12 (A) the Comprehensive Environmental Re13 sponse, Compensation, and Liability Act of

14 1980 (42 U.S.C. 9601 et seq.); or

15 (B) any other applicable law.

16 (2) RESPONSE ACTIONS.—

17 (A) IN GENERAL.—The Secretary shall be

18 liable for the cost of any necessary response ac19 tions, including any costs or claims asserted

20 against the Secretary, for any release, or sub21 stantial threat of release, of a hazardous sub22 stance, if the release, or substantial threat of

23 release, is—

24 (i) located on or emanating from

25 land—
†

79

S 1417 ES

1 (I) identified for transfer by this

2 section; or

3 (II) subsequently transferred

4 under this section;

5 (ii)(I) known at the time of transfer;

6 or

7 (II) subsequently discovered; and

8 (iii) attributable to—

9 (I) management of the land by

10 the Secretary; or

11 (II) the use, management, stor12 age, release, treatment, or disposal of

13 a hazardous substance on the land by

14 the Secretary.

15 (B) RECOVERY FROM THIRD PARTY.—

16 Nothing in this paragraph precludes the Sec17 retary, on behalf of the United States, from

18 bringing a cost recovery, contribution, or other

19 action against a third party that the Secretary

20 reasonably believes may have contributed to the

21 release, or substantial threat of release, of a

22 hazardous substance.

23 SEC. 3176. CONTINUATION OF ENVIRONMENTAL CLEANUP

24 AND CLOSURE.

25 (a) ONGOING CLEANUP AND CLOSURE.—
†

80

S 1417 ES

1 (1) IN GENERAL.—The Secretary shall—

2 (A) carry out to completion cleanup and

3 closure at Rocky Flats; and

4 (B) conduct any necessary operation and

5 maintenance of response actions.

6 (2) NO RESTRICTION ON USE OF NEW TECH7 NOLOGIES.—Nothing in this subtitle, and no action

8 taken under this subtitle, restricts the Secretary

9 from using at Rocky Flats any new technology that

10 may become available for remediation of contamina11 tion.

12 (b) RULES OF CONSTRUCTION.—

13 (1) NO RELIEF FROM OBLIGATIONS UNDER

14 OTHER LAW.—

15 (A) IN GENERAL.—Nothing in this sub16 title, and no action taken under this subtitle,

17 relieves the Secretary, the Administrator of the

18 Environmental Protection Agency, or any other

19 person from any obligation or other liability

20 with respect to Rocky Flats under the RFCA or

21 any applicable Federal or State law.

22 (B) NO EFFECT ON RFCA.—Nothing in

23 this subtitle impairs or alters any provision of

24 the RFCA.

25 (2) REQUIRED CLEANUP LEVELS.—
†

81

S 1417 ES

1 (A) IN GENERAL.—Except as provided in

2 subparagraph (B), nothing in this subtitle af3 fects the level of cleanup and closure at Rocky

4 Flats required under the RFCA or any Federal

5 or State law.

6 (B) NO EFFECT FROM ESTABLISHMENT AS

7 NATIONAL WILDLIFE REFUGE.—

8 (i) IN GENERAL.—The requirements

9 of this subtitle for establishment and man10 agement of Rocky Flats as a national wild11 life refuge shall not reduce the level of

12 cleanup and closure.

13 (ii) CLEANUP LEVELS.—The Sec14 retary shall conduct cleanup and closure of

15 Rocky Flats to the levels established for

16 soil, water, and other media, following a

17 thorough review, by the parties to the

18 RFCA and the public (including the

19 United States Fish and Wildlife Service

20 and other interested government agencies),

21 of the appropriateness of the interim levels

22 in the RFCA.

23 (3) NO EFFECT ON OBLIGATIONS FOR MEAS24 URES TO CONTROL CONTAMINATION.—Nothing in

25 this subtitle, and no action taken under this subtitle,
†

82

S 1417 ES

1 affects any long-term obligation of the United

2 States, acting through the Secretary, relating to

3 funding, construction, monitoring, or operation and

4 maintenance of—

5 (A) any necessary intercept or treatment

6 facility; or

7 (B) any other measure to control contami8 nation.

9 (c) PAYMENT OF RESPONSE ACTION COSTS.—Noth10 ing in this subtitle affects the obligation of a Federal de11 partment or agency that had or has operations at Rocky

12 Flats resulting in the release or threatened release of a

13 hazardous substance or pollutant or contaminant to pay

14 the costs of response actions carried out to abate the re15 lease of, or clean up, the hazardous substance or pollutant

16 or contaminant.

17 (d) CONSULTATION.—In carrying out a response ac18 tion at Rocky Flats, the Secretary shall consult with the

19 Secretary of the Interior to ensure that the response ac20 tion is carried out in a manner that—

21 (1) does not impair the attainment of the goals

22 of the response action; but

23 (2) minimizes, to the maximum extent prac24 ticable, adverse effects of the response action on the

25 refuge.
†

83

S 1417 ES

1 SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.

2 (a) ESTABLISHMENT.—Not later than 30 days after

3 the transfer of jurisdiction under section 3175(a), the Sec4 retary of the Interior shall establish at Rocky Flats a na5 tional wildlife refuge to be known as the ‘‘Rocky Flats Na6 tional Wildlife Refuge’’.

7 (b) COMPOSITION.—The refuge shall consist of the

8 real property subject to the transfer of administrative ju9 risdiction under section 3175(a)(1).

10 (c) NOTICE.—The Secretary of the Interior shall pub11 lish in the Federal Register a notice of the establishment

12 of the refuge.

13 (d) ADMINISTRATION AND PURPOSES.—

14 (1) IN GENERAL.—The Secretary of the Inte15 rior shall manage the refuge in accordance with ap16 plicable law, including this subtitle, the National

17 Wildlife Refuge System Administration Act of 1966

18 (16 U.S.C. 668dd et seq.), and the purposes speci19 fied in that Act.

20 (2) REFUGE PURPOSES.—At the conclusion of

21 the transfer under section 3175(a)(3), the refuge

22 shall be managed for the purposes of—

23 (A) restoring and preserving native eco24 systems;
†

84

S 1417 ES

1 (B) providing habitat for, and population

2 management of, native plants and migratory

3 and resident wildlife;

4 (C) conserving threatened and endangered

5 species (including species that are candidates

6 for listing under the Endangered Species Act of

7 1973 (16 U.S.C. 1531 et seq.)); and

8 (D) providing opportunities for compatible,

9 wildlife-dependent environmental scientific re10 search.

11 (3) MANAGEMENT.—In managing the refuge,

12 the Secretary shall ensure that wildlife-dependent

13 recreation and environmental education and inter14 pretation are the priority public uses of the refuge.

15 SEC. 3178. COMPREHENSIVE CONSERVATION PLAN.

16 (a) IN GENERAL.—Not later than 180 days after the

17 date of enactment of this Act, in developing a comprehen18 sive conservation plan in accordance with section 4(e) of

19 the National Wildlife Refuge System Administration Act

20 of 1966 (16 U.S.C. 668dd(e)), the Secretary of the Inte21 rior, in consultation with the Secretary, the members of

22 the Coalition, the Governor of the State of Colorado, and

23 the Rocky Flats Trustees, shall establish a comprehensive

24 planning process that involves the public and local commu25 nities.
†

85

S 1417 ES

1 (b) OTHER PARTICIPANTS.—In addition to the enti2 ties specified in subsection (a), the comprehensive plan3 ning process shall include the opportunity for direct in4 volvement of entities not members of the Coalition as of

5 the date of enactment of this Act, including the Rocky

6 Flats Citizens’ Advisory Board and the cities of Thornton,

7 Northglenn, Golden, Louisville, and Lafayette, Colorado.

8 (c) DISSOLUTION OF COALITION.—If the Coalition

9 dissolves, or if any Coalition member elects to leave the

10 Coalition during the comprehensive planning process

11 under this section—

12 (1) the comprehensive planning process under

13 this section shall continue; and

14 (2) an opportunity shall be provided to each en15 tity that is a member of the Coalition as of Sep16 tember 1, 2000, for direct involvement in the com17 prehensive planning process.

18 (d) CONTENTS.—In addition to the requirements

19 under section 4(e) of the National Wildlife Refuge System

20 Administration Act of 1966 (16 U.S.C. 668dd(e)), the

21 comprehensive conservation plan required by this section

22 shall address and make recommendations on the following:

23 (1) The identification of any land described in

24 section 3174(e) that could be made available for

25 transportation purposes.
†

86

S 1417 ES

1 (2) The potential for leasing any land in Rocky

2 Flats for the National Renewable Energy Labora3 tory to carry out projects relating to the National

4 Wind Technology Center.

5 (3) The characteristics and configuration of any

6 perimeter fencing that may be appropriate or com7 patible for cleanup and closure, refuge, or other pur8 poses.

9 (4) The feasibility of locating, and the potential

10 location for, a visitor and education center at the

11 refuge.

12 (5) Any other issues relating to Rocky Flats.

13 (e) REPORT.—Not later than 3 years after the date

14 of enactment of this Act, the Secretary of the Interior

15 shall submit to the Committee on Armed Services of the

16 Senate and the Committee on Resources of the House of

17 Representatives—

18 (1) the comprehensive conservation plan pre19 pared under this section; and

20 (2) a report that—

21 (A) outlines the public involvement in the

22 comprehensive planning process; and

23 (B) to the extent that any input or rec24 ommendation from the comprehensive planning

25 process is not accepted, clearly states the rea-
†

87

S 1417 ES

1 sons why the input or recommendation is not

2 accepted.

3 SEC. 3179. PROPERTY RIGHTS.

4 (a) IN GENERAL.—Except as provided in subsection

5 (c), nothing in this subtitle limits any valid, existing prop6 erty right at Rocky Flats that is owned by any person

7 or entity, including, but not limited to—

8 (1) any mineral right;

9 (2) any water right or related easement; and

10 (3) any facility or right-of-way for a utility.

11 (b) ACCESS.—Except as provided in subsection (c),

12 nothing in this subtitle affects any right of an owner of

13 a property right described in subsection (a) to access the

14 owner’s property.

15 (c) REASONABLE CONDITIONS.—

16 (1) IN GENERAL.—The Secretary or the Sec17 retary of the Interior may impose such reasonable

18 conditions on access to property rights described in

19 subsection (a) as are appropriate for the cleanup

20 and closure of Rocky Flats and for the management

21 of the refuge.

22 (2) NO EFFECT ON APPLICABLE LAW.—Noth23 ing in this subtitle affects any other applicable Fed24 eral, State, or local law (including any regulation)
†

88

S 1417 ES

1 relating to the use, development, and management of

2 property rights described in subsection (a).

3 (3) NO EFFECT ON ACCESS RIGHTS.—Nothing

4 in this subsection precludes the exercise of any ac5 cess right, in existence on the date of enactment of

6 this Act, that is necessary to perfect or maintain a

7 water right in existence on that date.

8 (d) PURCHASE OF MINERAL RIGHTS.—

9 (1) IN GENERAL.—The Secretary shall seek to

10 acquire any and all mineral rights at Rocky Flats

11 through donation or through purchase or exchange

12 from willing sellers for fair market value.

13 (2) FUNDING.—The Secretary and the Sec14 retary of the Interior—

15 (A) may use for the purchase of mineral

16 rights under paragraph (1) funds specifically

17 provided by Congress; but

18 (B) shall not use for such purchase funds

19 appropriated by Congress for the cleanup and

20 closure of Rocky Flats.

21 (e) UTILITY EXTENSION.—

22 (1) IN GENERAL.—The Secretary or the Sec23 retary of the Interior may allow not more than one

24 extension from an existing utility right-of-way on

25 Rocky Flats, if necessary.
†

89

S 1417 ES

1 (2) CONDITIONS.—An extension under para2 graph (1) shall be subject to the conditions specified

3 in subsection (c).

4 (f) EASEMENT SURVEYS.—

5 (1) IN GENERAL.—Subject to paragraph (2),

6 until the date that is 180 days after the date of en7 actment of this Act, an entity that possesses a de8 creed water right or prescriptive easement relating

9 to land at Rocky Flats may carry out such surveys

10 at Rocky Flats as the entity determines are nec11 essary to perfect the right or easement.

12 (2) LIMITATION ON CONDITIONS.—An activity

13 carried out under paragraph (1) shall be subject

14 only to such conditions as are imposed—

15 (A) by the Secretary of Energy, before the

16 date on which the transfer of management re17 sponsibilities under section 3175(a)(3) is com18 pleted, to minimize interference with the clean19 up and closure of Rocky Flats; and

20 (B) by the Secretary of the Interior, on or

21 after the date on which the transfer of manage22 ment responsibilities under section 3175(a)(3)

23 is completed, to minimize adverse effects on the

24 management of the refuge.
†

90

S 1417 ES

1 SEC. 3180. ROCKY FLATS MUSEUM.

2 (a) MUSEUM.—In order to commemorate the con3 tribution that Rocky Flats and its worker force provided

4 to the winning of the Cold War and the impact that the

5 contribution has had on the nearby communities and the

6 State of Colorado, the Secretary may establish a Rocky

7 Flats Museum.

8 (b) LOCATION.—The Rocky Flats Museum shall be

9 located in the city of Arvada, Colorado, unless, after con10 sultation under subsection (c), the Secretary determines

11 otherwise.

12 (c) CONSULTATION.—The Secretary shall consult

13 with the city of Arvada, other local communities, and the

14 Colorado State Historical Society on—

15 (1) the development of the museum;

16 (2) the siting of the museum; and

17 (3) any other issues relating to the development

18 and construction of the museum.

19 (d) REPORT.—Not later than three years after the

20 date of enactment of this Act, the Secretary, in coordina21 tion with the city of Arvada, shall submit to the Com22 mittee on Armed Services of the Senate and the appro23 priate committee of the House of Representatives a report

24 on the costs associated with the construction of the mu25 seum and any other issues relating to the development and

26 construction of the museum.
†

91

S 1417 ES

1 SEC. 3181. REPORT ON FUNDING.

2 At the time of submission of the first budget of the

3 United States Government submitted by the President

4 under section 1105 of title 31, United States Code, after

5 the date of enactment of this Act, and annually thereafter,

6 the Secretary and the Secretary of the Interior shall report

7 to the Committee on Armed Services and the Committee

8 on Appropriations of the Senate and the appropriate com9 mittees of the House of Representatives on—

10 (1) the costs incurred in implementing this sub11 title during the preceding fiscal year; and

12 (2) the funds required to implement this sub13 title during the current and subsequent fiscal years.

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY

16 BOARD

17 SEC. 3201. AUTHORIZATION.

18 There are authorized to be appropriated for fiscal

19 year 2002, $18,500,000 for the operation of the Defense

20 Nuclear Facilities Safety Board under chapter 21 of the

21 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
†

92

S 1417 ES

1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. AUTHORITY TO DISPOSE OF CERTAIN MATE4 RIALS IN THE NATIONAL DEFENSE STOCK5 PILE.

6 (a) DISPOSAL REQUIRED.—Subject to the conditions

7 specified in subsection (b), the President may dispose of

8 obsolete and excess materials currently contained in the

9 National Defense Stockpile provided for in section 4 of

10 the Strategic and Critical Materials Stock Piling Act (50

11 U.S.C. 98c). The materials subject to disposal under this

12 subsection and the quantity of each material authorized

13 to be disposed of by the President are set forth in the

14 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.

15 (b) MINIMIZATION OF DISRUPTION AND LOSS.—The

16 President may not dispose of materials under subsection

17 (a) to the extent that the disposal will result in—
†

93

S 1417 ES

1 (1) undue disruption of the usual markets of

2 producers, processors, and consumers of the mate3 rials proposed for disposal; or

4 (2) avoidable loss to the United States.

5 (c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR6 ITY.—The disposal authority provided in subsection (a) is

7 new disposal authority and is in addition to, and shall not

8 affect, any other disposal authority provided by law re9 garding the materials specified in such subsection.

10 SEC. 3302. REVISION OF LIMITATIONS ON REQUIRED DIS11 POSALS OF COBALT IN THE NATIONAL DE12 FENSE STOCKPILE.

13 (a) PUBLIC LAW 105–261.—Section 3303 of the

14 Strom Thurmond National Defense Authorization Act for

15 Fiscal Year 1999 (112 Stat. 2263; 50 U.S.C. 98d note)

16 is amended—

17 (1) in subsection (a), by striking ‘‘the amount

18 of—’’ and inserting ‘‘total amounts not less

19 than—’’; and

20 (2) in subsection (b)(2), by striking ‘‘receipts in

21 the amounts specified in subsection (a)’’ and insert22 ing ‘‘receipts in the total amount specified in such

23 subsection (a)(4)’’.
†

94

S 1417 ES

1 (b) PUBLIC LAW 105–85.—Section 3305 of the Na2 tional Defense Authorization Act for Fiscal Year 1998

3 (111 Stat. 2057; 50 U.S.C. 98d note) is amended—

4 (1) in subsection (a), by striking ‘‘amounts

5 equal to—’’ and inserting ‘‘total amounts not less

6 than—’’; and

7 (2) in subsection (b)(2)—

8 (A) by striking ‘‘may not dispose of cobalt

9 under this section’’ and inserting ‘‘may not,

10 under this section, dispose of cobalt in the fiscal

11 year referred to in subsection (a)(5)’’; and

12 (B) by striking ‘‘receipts in the amounts

13 specified in subsection (a)’’ and inserting ‘‘re14 ceipts during that fiscal year in the total

15 amount specified in such subsection (a)(5)’’.

16 (c) PUBLIC LAW 104–201.—Section 3303 of the Na17 tional Defense Authorization Act for Fiscal Year 1997

18 (110 Stat. 2855; 50 U.S.C. 98d note) is amended—

19 (1) in subsection (a), by striking ‘‘amounts

20 equal to—’’ and inserting ‘‘total amounts not less

21 than—’’; and

22 (2) in subsection (b)(2)—

23 (A) by striking ‘‘may not dispose of mate24 rials under this section’’ and inserting ‘‘may

25 not, under this section, dispose of materials
†

95

S 1417 ES

1 during the 10-fiscal year period referred to in

2 subsection (a)(2)’’; and

3 (B) by striking ‘‘receipts in the amounts

4 specified in subsection (a)’’ and inserting ‘‘re5 ceipts during that period in the total amount

6 specified in such subsection (a)(2)’’.

7 SEC. 3303. ACCELERATION OF REQUIRED DISPOSAL OF CO8 BALT IN THE NATIONAL DEFENSE STOCK9 PILE.

10 Section 3305(a) of the National Defense Authoriza11 tion Act for Fiscal Year 1998 (111 Stat. 2057; 50 U.S.C.

12 98d note) is amended—

13 (1) in paragraph (1), by striking ‘‘2003’’ and

14 inserting ‘‘2002’’;

15 (2) in paragraph (1), by striking ‘‘2004’’ and

16 inserting ‘‘2003’’;

17 (3) in paragraph (1), by striking ‘‘2005’’ and

18 inserting ‘‘2004’’;

19 (4) in paragraph (1), by striking ‘‘2006’’ and

20 inserting ‘‘2005’’; and

21 (5) in paragraph (1), by striking ‘‘2007’’ and

22 inserting ‘‘2006’’.
†

96

S 1417 ES

1 SEC. 3304. REVISION OF RESTRICTION ON DISPOSAL OF

2 MANGANESE FERRO.

3 Section 3304 of the National Defense Authorization

4 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

5 629) is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘(a) DISPOSAL OF LOWER

8 GRADE MATERIAL FIRST.—The President’’ and

9 inserting ‘‘During fiscal year 2002, the Presi10 dent’’; and

11 (B) in the first sentence, by striking ‘‘,

12 until completing the disposal of all manganese

13 ferro in the National Defense Stockpile that

14 does not meet such classification’’; and

15 (2) by striking subsections (b) and (c).

16 TITLE XXXIV—NAVAL

17 PETROLEUM RESERVES

18 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

20 hereby authorized to be appropriated to the Secretary of

21 Energy $17,371,000 for fiscal year 2002 for the purpose

22 of carrying out activities under chapter 641 of title 10,

23 United States Code, relating to the naval petroleum re24 serves (as defined in section 7420(2) of such title).
†

97

S 1417 ES

1 (b) AVAILABILITY.—The amount authorized to be ap2 propriated by subsection (a) shall remain available until

3 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.