II

Calendar No. 546

106TH CONGRESS

2D SESSION S. 2552

To authorize appropriations for fiscal year 2001 for defense activities of

the Department of Energy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 12, 2000

Mr. WARNER, from the Committee on Armed Services, reported, under authority of the order of the Senate of May 11th, 2000, the following original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 2001 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 2001’’.
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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. Energy employees compensation initiative.

Sec. 3106. Defense nuclear waste disposal.

Sec. 3107. Interim storage activities.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant 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.

Subtitle C—National Nuclear Security Administration

Sec. 3131. Term of office of person first appointed as Under Secretary for Nuclear Security of the Department of Energy.

Sec. 3132. Membership of Under Secretary for Nuclear Security on the Joint

Nuclear Weapons Council.

Sec. 3133. Scope of authority of Secretary of Energy to modify organization of

National Nuclear Security Administration.

Sec. 3134. Prohibition on pay of personnel engaged in concurrent service or duties inside and outside National Nuclear Security Administration.

Sec. 3135. Organization plan for field offices of the National Nuclear Security

Administration.

Sec. 3136. Future-years nuclear security program.

Sec. 3137. Cooperative research and development of the National Nuclear Security Administration.

Subtitle D—Program Authorizations, Restrictions, and

Limitations

Sec. 3151. Processing, treatment, and disposition of legacy nuclear materials.

Sec. 3152. Formerly Utilized Sites Remedial Action Program.
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Sec. 3153. Department of Energy defense nuclear nonproliferation programs.

Sec. 3154. Modification of counterintelligence polygraph program.

Sec. 3155. Employee incentives for employees at closure project facilities.

Subtitle E—Other Matters

Sec. 3171. Extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3172. Updates of report on nuclear test readiness postures.

Sec. 3173. Frequency of reports on inadvertent releases of Restricted Data and

Formerly Restricted Data.

Sec. 3174. Form of certifications regarding the safety or reliability of the nuclear weapons stockpile.

Sec. 3175. Engineering and manufacturing research, development, and demonstration by plant managers of certain nuclear weapons production plants.

Sec. 3176. Cooperative research and development agreements for governmentowned, contractor-operated laboratories.

Sec. 3177. Commendation of Department of Energy and contractor employees

for exemplary service in stockpile stewardship and security.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.

TITLE XXXIII—NAVAL PETROLEUM RESERVES

Sec. 3301. Minimum price of petroleum sold from the naval petroleum reserves.

Sec. 3302. Repeal of authority to contract for cooperative or unit plans affecting Naval Petroleum Reserve Numbered 1.

TITLE XXXIV—NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.

Sec. 3402. Increased receipts under prior disposal authority.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on National Security and the

7 Committee on Appropriations of the House of Rep8 resentatives.
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1 TITLE XXXI—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 PROGRAMS

4 Subtitle A—National Security

5 Programs Authorizations

6 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA7 TION.

8 (a) IN GENERAL.—Funds are hereby authorized to

9 be appropriated to the Department of Energy for fiscal

10 year 2001 for national nuclear security administration in

11 carrying out programs necessary for national security in

12 the amount of $6,214,835,000, to be allocated as follows:

13 (1) WEAPONS ACTIVITIES.—For weapons activi14 ties necessary for national nuclear security adminis15 tration, $4,672,800,000, to be allocated as follows:

16 (A) STEWARDSHIP OPERATION AND MAIN17 TENANCE.—For stewardship operation and

18 maintenance in carrying out weapons activities

19 necessary for national nuclear security adminis20 tration, $3,887,383,000, to be allocated as fol21 lows:

22 (i) For directed stockpile work,

23 $842,603,000.

24 (ii) For campaigns, $1,496,982,000.
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1 (iii) For readiness in technical base

2 and facilities, $1,547,798,000.

3 (B) SECURE TRANSPORTATION ASSETS.—

4 For secure transportation assets in carrying out

5 weapons activities necessary for national nu6 clear security administration, $115,673,000, to

7 be allocated as follows:

8 (i) For operation and maintenance,

9 $79,357,000.

10 (ii) For program direction (secure

11 transportation), $36,316,000.

12 (C) PROGRAM DIRECTION.—For program

13 direction in carrying out weapons activities nec14 essary for national nuclear security administra15 tion, $221,257,000.

16 (D) CONSTRUCTION.—For construction

17 (including maintenance, restoration, planning,

18 construction, acquisition, modification of facili19 ties, and the continuation of projects authorized

20 in prior years, and land acquisition related

21 thereto) in carrying out weapons activities nec22 essary for national nuclear security administra23 tion, $448,173,000, to be allocated as follows:

24 Project 01–D–101, distributed infor25 mation systems laboratory, Sandia Na-
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1 tional Laboratories, Livermore, California,

2 $2,300,000.

3 Project 01–D–103, preliminary

4 project design and engineering, various lo5 cations, $14,500,000.

6 Project 01–D–124, highly enriched

7 uranium (HEU) materials facility, Y–12

8 Plant, Oak Ridge, Tennessee,

9 $17,800,000.

10 Project 01–D–126, weapons evalua11 tion test laboratory, Pantex Plant, Ama12 rillo, Texas, $3,000,000.

13 Project 00–D–103, terascale simula14 tion facility, Lawrence Livermore National

15 Laboratory, Livermore, California,

16 $5,000,000.

17 Project 00–D–105, strategic com18 puting complex, Los Alamos National Lab19 oratory, Los Alamos, New Mexico,

20 $56,000,000.

21 Project 00–D–107, joint computa22 tional engineering laboratory, Sandia Na23 tional Laboratories, Albuquerque, New

24 Mexico, $6,700,000.
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1 Project 99–D–103, isotope sciences

2 facilities, Lawrence Livermore National

3 Laboratory, Livermore, California,

4 $5,000,000.

5 Project 99–D–104, protection of real

6 property (roof reconstruction, Phase II)

7 Lawrence Livermore National Laboratory,

8 Livermore, California, $2,800,000.

9 Project 99–D–106, model validation

10 and systems certification test center,

11 Sandia National Laboratories, Albu12 querque, New Mexico, $5,200,000.

13 Project 99–D–108, renovate existing

14 roadways, Nevada Test Site, Nevada,

15 $2,000,000.

16 Project 99–D–125, replace boilers and

17 controls, Kansas City Plant, Kansas City,

18 Missouri, $13,000,000.

19 Project 99–D–127, stockpile manage20 ment restructuring initiative, Kansas City

21 Plant, Kansas City, Missouri,

22 $23,765,000.

23 Project 99–D–128, stockpile manage24 ment restructuring initiative, Pantex Plant

25 consolidation, Amarillo, Texas, $4,998,000.
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1 Project 99–D–132, stockpile manage2 ment restructuring initiative, nuclear mate3 rials safeguards and security upgrades

4 project, Los Alamos National Laboratory,

5 Los Alamos, New Mexico, $18,043,000.

6 Project 98–D–123, stockpile manage7 ment restructuring initiative, tritium facil8 ity modernization and consolidation, Sa9 vannah River Site, Aiken, South Carolina,

10 $30,767,000.

11 Project 98–D–125, tritium extraction

12 facility, Savannah River Site, Aiken, South

13 Carolina, $75,000,000.

14 Project 98–D–126, Accelerator Pro15 duction of Tritium (APT), various loca16 tions, $34,000,000.

17 Project 97–D–102, dual-axis radio18 graphic hydrotest facility (DARHT), Los

19 Alamos National Laboratory, Los Alamos,

20 New Mexico, $35,232,000.

21 Project 97–D–123, structural up22 grades, Kansas City Plant, Kansas City,

23 Missouri, $2,918,000.

24 Project 96–D–111, national ignition

25 facility (NIF), Lawrence Livermore Na-
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1 tional Laboratory, Livermore, California,

2 $74,100,000.

3 Project 95–D–102, chemistry and

4 metallurgy research upgrades project, Los

5 Alamos National Laboratory, Los Alamos,

6 New Mexico, $13,337,000.

7 Project 88–D–123, security enhance8 ment, Pantex Plant, Amarillo, Texas,

9 $2,713,000.

10 (2) DEFENSE NUCLEAR NONPROLIFERATION.—

11 For defense nuclear nonproliferation necessary for

12 national nuclear security administration,

13 $847,035,000, to be allocated as follows:

14 (A) NONPROLIFERATION AND

15 VERIFICATION RESEARCH AND DEVELOP16 MENT.—For nonproliferation and verification

17 research and development technology in car18 rying out defense nuclear nonproliferation nec19 essary for national nuclear security administra20 tion, $262,990,000, to be allocated as follows:

21 (i) For operation and maintenance,

22 $255,990,000.

23 (ii) For the following plant project

24 (including maintenance, restoration, plan25 ning, construction, acquisition, modifica-
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1 tion of facilities, and the continuation of

2 projects authorized in prior years, and land

3 acquisition related thereto), $7,000,000, to

4 be allocated as follows:

5 Project 00–D–192, nonprolifera6 tion and international security center

7 (NISC), Los Alamos National Labora8 tory, Los Alamos, New Mexico,

9 $7,000,000.

10 (B) ARMS CONTROL.—For arms control in

11 carrying out defense nuclear nonproliferation

12 necessary for national nuclear security adminis13 tration, $308,060,000, to be allocated as fol14 lows:

15 (i) For arms control operations,

16 $272,870,000.

17 (ii) For highly enriched uranium

18 (HEU) transparency implementation,

19 $15,190,000.

20 (iii) For international nuclear safety,

21 $20,000,000.

22 (C) FISSILE MATERIALS DISPOSITION.—

23 For fissile materials disposition in carrying out

24 defense nuclear nonproliferation necessary for
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1 national nuclear security administration,

2 $224,517,000, to be allocated as follows:

3 (i) For operation and maintenance,

4 $175,517,000.

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), $49,000,000, to be

11 allocated as follows:

12 Project 00–D–142, immobiliza13 tion and associated processing facility,

14 titles I and II design, Savannah River

15 Site, Aiken, South Carolina,

16 $3,000,000.

17 Project 99–D–141, pit dis18 assembly and conversion facility, titles

19 I and II design, Savannah River Site,

20 Aiken, South Carolina, $31,000,000.

21 Project 99–D–143, mixed oxide

22 fuel fabrication facility, titles I and II

23 design, Savannah River Site, Aiken,

24 South Carolina, $15,000,000.
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1 (D) PROGRAM DIRECTION.—For program

2 direction in carrying out defense nuclear non3 proliferation necessary for national nuclear se4 curity administration, $51,468,000.

5 (3) NAVAL REACTORS.—For naval reactors ac6 tivities necessary for national nuclear security ad7 ministration, $695,000,000, to be allocated as fol8 lows:

9 (A) NAVAL REACTORS DEVELOPMENT.—

10 For naval reactors development in carrying out

11 naval reactors activities necessary for national

12 nuclear security administration, $673,600,000,

13 to be allocated as follows:

14 (i) For operation and maintenance,

15 $644,900,000.

16 (ii) For plant projects (including

17 maintenance, restoration, planning, con18 struction, acquisition, modification of fa19 cilities, and the continuation of projects

20 authorized in prior years, and land acquisi21 tion related thereto), $28,700,000, to be

22 allocated as follows:

23 Project GPN–101, general plant

24 projects, various locations,

25 $11,400,000.
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1 Project 01–D–200, major office

2 replacement building, Schenectady,

3 New York, $1,300,000.

4 Project 90–N–102, expended core

5 facility dry cell project, Naval Reac6 tors Facility, Idaho Falls, Idaho,

7 $16,000,000.

8 (B) PROGRAM DIRECTION.—For program

9 direction in carrying out naval reactors activi10 ties necessary for national nuclear security ad11 ministration, $21,400,000.

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 2001 for environmental res17 toration and waste management activities in carrying out

18 programs necessary for national security in the amount

19 of $5,501,824,000, 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), $1,082,297,000.
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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, $930,951,000, to be allo5 cated as follows:

6 (A) For operation and maintenance,

7 $861,475,000.

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 $69,476,000, to be allocated as follows:

14 Project 01–D–402, Intec cathodic

15 protection system expansion, Idaho Na16 tional Engineering and Environmental

17 Laboratory, Idaho Falls, Idaho, $500,000.

18 Project 01–D–407, highly enriched

19 uranium (HEU) blend down, Savannah

20 River Site, Aiken, South Carolina,

21 $27,932,000.

22 Project 99–D–402, tank farm support

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

24 Aiken, South Carolina, $7,714,000.
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1 Project 99–D–404, health physics in2 strumentation laboratory, Idaho National

3 Engineering and Environmental Labora4 tory, Idaho Falls, Idaho, $4,300,000.

5 Project 98–D–453, plutonium sta6 bilization and handling system for pluto7 nium finishing plant, Richland, Wash8 ington, $1,690,000.

9 Project 97–D–470, regulatory moni10 toring and bioassay laboratory, Savannah

11 River Site, Aiken, South Carolina,

12 $3,949,000.

13 Project 96–D–471, chlorofluorocarbon

14 heating, ventilation, and air conditioning

15 and chiller retrofit, Savannah River Site,

16 Aiken, South Carolina, $12,512,000.

17 Project 92–D–140, F&H canyon ex18 haust upgrades, Savannah River Site,

19 Aiken, South Carolina, $8,879,000.

20 Project 86–D–103, decontamination

21 and waste treatment facility, Lawrence

22 Livermore National Laboratory, Liver23 more, California, $2,000,000.

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

25 completion in carrying out environmental restoration
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1 and waste management activities necessary for na2 tional security programs, $3,028,457,000, to be allo3 cated as follows:

4 (A) For operation and maintenance,

5 $2,533,725,000.

6 (B) For plant projects (including mainte7 nance, restoration, planning, construction, ac8 quisition, modification of facilities, and the con9 tinuation of projects authorized in prior years,

10 and land acquisition related thereto),

11 $99,732,000, to be allocated as follows:

12 Project 01–D–403, immobilized high13 level waste interim storage facility, Rich14 land, Washington, $1,300,000.

15 Project 99–D–403, privatization

16 phase I infrastructure support, Richland,

17 Washington, $7,812,000.

18 Project 97–D–402, tank farm restora19 tion and safe operations, Richland, Wash20 ington, $46,023,000.

21 Project 94–D–407, initial tank re22 trieval systems, Richland, Washington,

23 $17,385,000.

24 Project 93–D–187, high-level waste

25 removal from filled waste tanks, Savannah
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1 River Site, Aiken, South Carolina,

2 $27,212,000.

3 (4) SCIENCE AND TECHNOLOGY DEVELOP4 MENT.—For science and technology development in

5 carrying out environmental restoration and waste

6 management activities necessary for national secu7 rity programs, $246,548,000.

8 (5) PROGRAM DIRECTION.—For program direc9 tion in carrying out environmental restoration and

10 waste management activities necessary for national

11 security programs, $354,888,000.

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

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

14 amounts authorized to be appropriated by paragraphs (1)

15 through (5) of that subsection, reduced by $141,317,000.

16 SEC. 3103. OTHER DEFENSE ACTIVITIES.

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

18 are hereby authorized to be appropriated to the Depart19 ment of Energy for fiscal year 2001 for other defense ac20 tivities in carrying out programs necessary for national se21 curity in the amount of $536,322,000, to be allocated as

22 follows:

23 (1) INTELLIGENCE.—For intelligence in car24 rying out other defense activities necessary for na-
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1 tional security programs, $38,059,000, to be allo2 cated as follows:

3 (A) For operation and maintenance,

4 $36,059,000.

5 (B) For the following plant project (includ6 ing maintenance, restoration, planning, con7 struction, acquisition, modification of facilities,

8 and the continuation of projects authorized in

9 prior years, and land acquisition related there10 to), $2,000,000, to be allocated as follows:

11 Project 01–D–800, sensitive compart12 mented information facility, Lawrence

13 Livermore National Laboratory, Liver14 more, California, $2,000,000.

15 (2) COUNTERINTELLIGENCE.—For counter16 intelligence in carrying out other defense activities

17 necessary for national security programs,

18 $75,200,000.

19 (3) SECURITY AND EMERGENCY OPERATIONS.—

20 For security and emergency operations in carrying

21 out other defense activities necessary for national se22 curity programs, $281,576,000, to be allocated as

23 follows:

24 (A) For nuclear safeguards and security,

25 $124,409,000.
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1 (B) For security investigations,

2 $33,000,000.

3 (C) For emergency management,

4 $37,300,000.

5 (D) For program direction, $86,867,000.

6 (4) INDEPENDENT OVERSIGHT AND PERFORM7 ANCE ASSURANCE.—For independent oversight and

8 performance assurance in carrying out other defense

9 activities necessary for national security programs,

10 $14,937,000, to be allocated for program direction.

11 (5) ENVIRONMENT, SAFETY, AND HEALTH, DE12 FENSE.—For environment, safety, and health, de13 fense, in carrying out other defense activities nec14 essary for national security programs, $99,050,000,

15 to be allocated as follows:

16 (A) For the Office of Environment, Safety,

17 and Health (Defense), $76,446,000.

18 (B) For program direction, $22,604,000.

19 (6) WORKER AND COMMUNITY TRANSITION.—

20 For worker and community transition in carrying

21 out other defense activities necessary for national se22 curity programs, $24,500,000, to be allocated as fol23 lows:

24 (A) For operation and maintenance,

25 $21,500,000.
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1 (B) For program direction, $3,000,000.

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

3 the Office of Hearings and Appeals in carrying out

4 other defense activities necessary for national secu5 rity programs, $3,000,000.

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

7 be appropriated pursuant to subsection (a)(3)(B) is re8 duced by $20,000,000 to reflect an offset provided by user

9 organizations for security investigations.

10 (2) The total amount authorized to be appropriated

11 by subsection (a) is the sum of the amounts authorized

12 to be appropriated by paragraphs (1) through (7) of that

13 subsection, reduced by $50,000,000.

14 SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI15 VATIZATION.

16 (a) IN GENERAL.—Funds are hereby authorized to

17 be appropriated to the Department of Energy for fiscal

18 year 2001 for privatization initiatives in carrying out envi19 ronmental restoration and waste management activities

20 necessary for national security programs in the amount

21 of $540,092,000, to be allocated as follows:

22 Project 98–PVT–2, spent nuclear fuel dry stor23 age, Idaho Falls, Idaho, $25,092,000.
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1 Project 97–PVT–1, tank waste remediation sys2 tem project, phase I, Richland, Washington,

3 $450,000,000.

4 Project 97–PVT–2, advanced mixed waste

5 treatment project Idaho Falls, Idaho, $65,000,000.

6 (b) EXPLANATION OF ADJUSTMENT.—The amount

7 authorized to be appropriated pursuant to subsection (a)

8 is the sum of the amounts authorized to be appropriated

9 for the projects in that subsection reduced by $25,092,000

10 for use of prior year balances of funds for defense environ11 mental management privatization.

12 SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIA13 TIVE.

14 Funds are hereby authorized to be appropriated to

15 the Department of Energy for fiscal year 2001 for an en16 ergy employees compensation initiative in the amount of

17 $17,000,000.

18 SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.

19 Funds are hereby authorized to be appropriated to

20 the Department of Energy for fiscal year 2001 for pay21 ment to the Nuclear Waste Fund established in section

22 302(c) of the Nuclear Waste Policy Act of 1982 (42

23 U.S.C. 10222(c)) in the amount of $112,000,000.
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1 SEC. 3107. INTERIM STORAGE ACTIVITIES.

2 The amounts authorized to be appropriated to the

3 Department of Energy by sections 3101, 3102, 3103,

4 3104, 3105, and 3106 are hereby reduced by

5 $85,000,000, for interim storage activities.

6 Subtitle B—Recurring General

7 Provisions

8 SEC. 3121. REPROGRAMMING.

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

10 submits to the congressional defense committees the re11 port referred to in subsection (b) and a period of 30 days

12 has elapsed after the date on which such committees re13 ceive the report, the Secretary may not use amounts ap14 propriated pursuant to this title for any program—

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

16 (A) 110 percent of the amount authorized

17 for that program by this title; or

18 (B) $ 1,000,000 more than the amount au19 thorized for that program by this title; or

20 (2) which has not been presented to, or re21 quested of, Congress.

22 (b) REPORT.—(1) The report referred to in sub23 section (a) is a report containing a full and complete state24 ment of the action proposed to be taken and the facts and

25 circumstances relied upon in support of the proposed ac26 tion.
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1 (2) In the computation of the 30-day period under

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

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

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

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

6 amount of funds obligated pursuant to this title exceed

7 the total amount authorized to be appropriated by this

8 title.

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

10 be used for an item for which Congress has specifically

11 denied funds.

12 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

14 carry out any construction project under the general plant

15 projects authorized by this title if the total estimated cost

16 of the construction project does not exceed $5,000,000.

17 (b) REPORT TO CONGRESS.—If, at any time during

18 the construction of any general plant project authorized

19 by this title, the estimated cost of the project is revised

20 because of unforeseen cost variations and the revised cost

21 of the project exceeds $5,000,000, the Secretary shall im22 mediately furnish a report to the congressional defense

23 committees explaining the reasons for the cost variation.
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1 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

2 (a) IN GENERAL.—(1) Except as provided in para3 graph (2), construction on a construction project may not

4 be started or additional obligations incurred in connection

5 with the project above the total estimated cost, whenever

6 the current estimated cost of the construction project, au7 thorized by 3101, 3102, or 3103, or which is in support

8 of national security programs of the Department of En9 ergy and was authorized by any previous Act, exceeds by

10 more than 25 percent the higher of—

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

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

13 the project as shown in the most recent budget jus14 tification data submitted to Congress.

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

16 taken if—

17 (A) the Secretary of Energy has submitted to

18 the congressional defense committees a report on the

19 actions and the circumstances making such action

20 necessary; and

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

22 date on which the report is received by the commit23 tees.

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

25 paragraph (2), there is excluded any day on which either
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1 House of Congress is not in session because of an adjourn2 ment of more than 3 days to a day certain.

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

4 construction project with a current estimated cost of less

5 than $5,000,000.

6 SEC. 3124. FUND TRANSFER AUTHORITY.

7 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

8 The Secretary of Energy may transfer funds authorized

9 to be appropriated to the Department of Energy pursuant

10 to this title to other Federal agencies for the performance

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

12 transferred may be merged with and be available for the

13 same purposes and for the same time period as the author14 izations of the Federal agency to which the amounts are

15 transferred.

16 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

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

18 transfer funds authorized to be appropriated to the De19 partment of Energy pursuant to this title between any

20 such authorizations. Amounts of authorizations so trans21 ferred may be merged with and be available for the same

22 purposes and for the same period as the authorization to

23 which the amounts are transferred.

24 (2) Not more than 5 percent of any such authoriza25 tion may be transferred between authorizations under
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1 paragraph (1). No such authorization may be increased

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

3 such paragraph.

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

5 subsection to transfer authorizations—

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

7 relating to activities necessary for national security

8 programs that have a higher priority than the items

9 from which the funds are transferred; and

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

11 item for which Congress has specifically denied

12 funds.

13 (d) NOTICE TO CONGRESS.—The Secretary of En14 ergy shall promptly notify the Committees on Armed Serv15 ices of the Senate and House of Representatives of any

16 transfer of funds to or from authorizations under this

17 title.

18 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC19 TION DESIGN.

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

21 Subject to paragraph (2) and except as provided in para22 graph (3), before submitting to Congress a request for

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

24 national security program of the Department of Energy,
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1 the Secretary of Energy shall complete a conceptual de2 sign for that project.

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

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

5 Secretary shall submit to Congress a request for funds for

6 the conceptual design before submitting a request for

7 funds for the construction project.

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

9 to a request for funds—

10 (A) for a construction project the total esti11 mated cost of which is less than $5,000,000; or

12 (B) for emergency planning, design, and con13 struction activities under section 3126.

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

15 Within the amounts authorized by this title, the Secretary

16 of Energy may carry out construction design (including

17 architectural and engineering services) in connection with

18 any proposed construction project if the total estimated

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

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

21 in connection with any construction project exceeds

22 $600,000, funds for that design must be specifically au23 thorized by law.
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1 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE2 SIGN, AND CONSTRUCTION ACTIVITIES.

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

4 any funds available to the Department of Energy pursuant

5 to an authorization in this title, including funds authorized

6 to be appropriated for advance planning and construction

7 design under sections 3101, 3102, and 3103, to perform

8 planning, design, and construction activities for any De9 partment of Energy national security program construc10 tion project that, as determined by the Secretary, must

11 proceed expeditiously in order to protect public health and

12 safety, to meet the needs of national defense, or to protect

13 property.

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

15 the authority under subsection (a) in the case of any con16 struction project until the Secretary has submitted to the

17 congressional defense committees a report on the activities

18 that the Secretary intends to carry out under this section

19 and the circumstances making those activities necessary.

20 (c) SPECIFIC AUTHORITY.—The requirement of sec21 tion 3125(b)(2) does not apply to emergency planning, de22 sign, and construction activities conducted under this sec23 tion.
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1 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU2 RITY PROGRAMS OF THE DEPARTMENT OF

3 ENERGY.

4 Subject to the provisions of appropriation Acts and

5 section 3121, amounts appropriated pursuant to this title

6 for management and support activities and for general

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

8 connection with all national security programs of the De9 partment of Energy.

10 SEC. 3128. AVAILABILITY OF FUNDS.

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

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

13 appropriated for operation and maintenance or for plant

14 projects may remain available until expended.

15 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

16 Amounts appropriated for program direction pursuant to

17 an authorization of appropriations in subtitle A shall re18 main available to be expended only until the end of fiscal

19 year 2003.

20 SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN21 AGEMENT FUNDS.

22 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON23 MENTAL MANAGEMENT FUNDS.—The Secretary of En24 ergy shall provide the manager of each field office of the

25 Department of Energy with the authority to transfer de26 fense environmental management funds from a program
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1 or project under the jurisdiction of the office to another

2 such program or project.

3 (b) LIMITATIONS.—(1) Only one transfer may be

4 made to or from any program or project under subsection

5 (a) in a fiscal year.

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

7 or project under subsection (a) may not exceed $5,000,000

8 in a fiscal year.

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

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

11 determines that the transfer is necessary to address a risk

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

13 efficient use of defense environmental management funds

14 at the field office.

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

16 may not be used for an item for which Congress has spe17 cifically denied funds or for a new program or project that

18 has not been authorized by Congress.

19 (c) EXEMPTION FROM REPROGRAMMING REQUIRE20 MENTS.—The requirements of section 3121 shall not

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

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

23 the Assistant Secretary of Energy for Environmental

24 Management, shall notify Congress of any transfer of
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1 funds pursuant to subsection (a) not later than 30 days

2 after such transfer occurs.

3 (e) DEFINITIONS.—In this section:

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

5 respect to a field office of the Department of En6 ergy, any of the following:

7 (A) A program referred to or a project list8 ed in paragraphs (2) through (5) of section

9 3102(a).

10 (B) A program or project not described in

11 subparagraph (A) that is for environmental res12 toration or waste management activities nec13 essary for national security programs of the De14 partment, that is being carried out by the of15 fice, and for which defense environmental man16 agement funds have been authorized and appro17 priated before the date of the enactment of this

18 Act.

19 (2) The term ‘‘defense environmental manage20 ment funds’’ means funds appropriated to the De21 partment of Energy pursuant to an authorization for

22 carrying out environmental restoration and waste

23 management activities necessary for national secu24 rity programs.
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1 (f) DURATION OF AUTHORITY.—The managers of the

2 field offices of the Department may exercise the authority

3 provided under subsection (a) during the period beginning

4 on October 1, 2000, and ending on September 30, 2001.

5 Subtitle C—National Nuclear

6 Security Administration

7 SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED

8 AS UNDER SECRETARY FOR NUCLEAR SECU9 RITY OF THE DEPARTMENT OF ENERGY.

10 (a) LENGTH OF TERM.—The term of office as Under

11 Secretary for Nuclear Security of the Department of En12 ergy of the person first appointed to that position shall

13 be three years.

14 (b) EXCLUSIVE REASONS FOR REMOVAL.—The ex15 clusive reasons for removal from office as Under Secretary

16 for Nuclear Security of the person described in subsection

17 (a) shall be inefficiency, neglect of duty, or malfeasance

18 in office.

19 (c) POSITION DESCRIBED.—The position of Under

20 Secretary for Nuclear Security of the Department of En21 ergy referred to in this section is the position established

22 by subsection (c) of section 202 of the Department of En23 ergy Organization Act (42 U.S.C. 7132), as added by sec24 tion 3202 of the National Nuclear Security Administration

25 Act (title XXXII of Public Law 106–65; 113 Stat. 954)).
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1 SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NU2 CLEAR SECURITY ON THE JOINT NUCLEAR

3 WEAPONS COUNCIL.

4 (a) MEMBERSHIP.—Section 179 of title 10, United

5 States Code, is amended—

6 (1) in subsection (a), by striking paragraph (3)

7 and inserting the following new paragraph (3):

8 ‘‘(3) The Under Secretary for Nuclear Security

9 of the Department of Energy.’’; and

10 (2) in subsection (b)(2), by striking ‘‘the rep11 resentative designated under subsection (a)(3)’’ and

12 inserting ‘‘the Under Secretary for Nuclear Security

13 of the Department of Energy’’.

14 (b) CONFORMING AMENDMENT.—Section 3212 of the

15 National Nuclear Security Administration Act (title

16 XXXII of the Public Law 106–65; 50 U.S.C. 2402) is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(e) MEMBERSHIP ON JOINT NUCLEAR WEAPONS

20 COUNCIL.—The Administrator serves as a member of the

21 Joint Nuclear Weapons Council under section 179 of title

22 10, United States Code.’’.
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1 SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF EN2 ERGY TO MODIFY ORGANIZATION OF NA3 TIONAL NUCLEAR SECURITY ADMINISTRA4 TION.

5 (a) SCOPE OF AUTHORITY.—Subtitle A of the Na6 tional Nuclear Security Administration Act (title XXXII

7 of Public Law 106–65; 113 Stat. 957; 50 U.S.C. 2401

8 et seq.) is amended by adding at the end the following

9 new section:

10 ‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN11 ERGY TO MODIFY ORGANIZATION OF ADMIN12 ISTRATION.

13 ‘‘Notwithstanding the authority granted by section

14 643 of the Department of Energy Organization Act (42

15 U.S.C. 7253) or any other provision of law, the Secretary

16 of Energy may not establish, abolish, alter, consolidate,

17 or discontinue any organizational unit or component, or

18 transfer any function, of the Administration, except as au19 thorized by subsection (b) or (c) of section 3291.’’.

20 (b) CONFORMING AMENDMENTS.—Section 643 of the

21 Department of Energy Organization Act (42 U.S.C. 7253)

22 is amended—

23 (1) by striking ‘‘The Secretary’’ and inserting

24 ‘‘(a) Subject to subsection (b), the Secretary’’; and

25 (2) by adding at the end the following new sub26 section:
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1 ‘‘(b) The authority of the Secretary to establish, abol2 ish, alter, consolidate, or discontinue any organizational

3 unit or component of the National Nuclear Security Ad4 ministration is governed by the provisions of section 3219

5 of the National Nuclear Security Administration Act (title

6 XXXII of Public Law 106–65).’’.

7 SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED

8 IN CONCURRENT SERVICE OR DUTIES INSIDE

9 AND OUTSIDE NATIONAL NUCLEAR SECURITY

10 ADMINISTRATION.

11 Subtitle C of the National Nuclear Security Adminis12 tration Act (title XXXII of Public Law 106–65; 50 U.S.C.

13 2441 et seq.) is amended by adding at the end the fol14 lowing new section:

15 ‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL EN16 GAGED IN CONCURRENT SERVICE OR DUTIES

17 INSIDE AND OUTSIDE ADMINISTRATION.

18 ‘‘Except as otherwise expressly provided by statute,

19 no funds authorized to be appropriated or otherwise made

20 available for the Department of Energy for any fiscal year

21 after fiscal year 2000 may be obligated or utilized to pay

22 the basic pay of an officer or employee of the Department

23 of Energy who—
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1 ‘‘(1) serves concurrently in a position in the Ad2 ministration and a position outside the Administra3 tion; or

4 ‘‘(2) performs concurrently the duties of a posi5 tion in the Administration and the duties of a posi6 tion outside the Administration.’’.

7 SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF

8 THE NATIONAL NUCLEAR SECURITY ADMIN9 ISTRATION.

10 (a) PLAN REQUIRED.—Not later than March 1,

11 2001, the Administrator of the National Nuclear Security

12 Administration shall submit to the Committees on Armed

13 Services of the Senate and House of Representatives a

14 plan for assigning roles and responsibilities to and among

15 the headquarters and field organizational units of the Na16 tional Nuclear Security Administration.

17 (b) PLAN ELEMENTS.—The plan shall include the

18 following:

19 (1) A general description of the organizational

20 structure of the administrative functions of the Na21 tional Nuclear Security Administration under the

22 plan, including the authorities and responsibilities to

23 be vested in the units of the headquarters, oper24 ations offices, and area offices of the Administra25 tion.
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1 (2) A description of any downsizing, elimi2 nation, or consolidation of units of the headquarters,

3 operations offices, and area offices of the Adminis4 tration that may be necessary to enhance the effi5 ciency of the Administration.

6 (3) A description of the modifications of staff7 ing levels of the headquarters, operations offices,

8 and area offices of the Administration, including any

9 reductions in force, employment of additional per10 sonnel, or realignments of personnel, that are nec11 essary to implement the plan.

12 (4) A schedule for the implementation of the

13 plan.

14 (c) INCLUDED FACILITIES.—The plan shall address

15 any administrative units in the National Nuclear Security

16 Administration, including units in and under the fol17 lowing:

18 (1) The Department of Energy Headquarters,

19 Washington, District of Columbia, metropolitan

20 area.

21 (2) The Albuquerque Operations Office, Albu22 querque, New Mexico.

23 (3) The Nevada Operations Office, Las Vegas,

24 Nevada.
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1 (4) The Oak Ridge Operations Office, Oak

2 Ridge, Tennessee.

3 (5) The Oakland Operations Office, Oakland,

4 California.

5 (6) The Savannah River Operations Office,

6 Aiken, South Carolina.

7 (7) The Los Alamos Area Office, Los Alamos,

8 New Mexico.

9 (8) The Kirtland Area Office, Albuquerque,

10 New Mexico.

11 (9) The Amarillo Area Office, Amarillo, Texas.

12 (10) The Kansas City Area Office, Kansas City,

13 Missouri.

14 SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

15 (a) PROGRAM REQUIRED.—(1) The Under Secretary

16 for Nuclear Security of the Department of Energy shall

17 submit to the congressional defense committees a future18 years nuclear security program (including associated an19 nexes) for fiscal year 2001 and the five succeeding fiscal

20 years.

21 (2) The program shall reflect the estimated expendi22 tures and proposed appropriations included in the budget

23 for fiscal year 2001 that is submitted to Congress in 2000

24 under section 1105(a) of title 31, United States Code.
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1 (b) PROGRAM DETAIL.—The level of detail of the

2 program submitted under subsection (a) shall be equiva3 lent to the level of detail in the Project Baseline Summary

4 system of the Department of Energy, if practicable, but

5 in no event below the following:

6 (1) In the case of directed stockpile work, detail

7 as follows:

8 (A) Stockpile research and development.

9 (B) Stockpile maintenance.

10 (C) Stockpile evaluation.

11 (D) Dismantlement and disposal.

12 (E) Production support.

13 (F) Field engineering, training, and manu14 als.

15 (2) In the case of campaigns, detail as follows:

16 (A) Primary certification.

17 (B) Dynamic materials properties.

18 (C) Advanced radiography.

19 (D) Secondary certification and nuclear

20 system margins.

21 (E) Enhanced surety.

22 (F) Weapons system engineering certifi23 cation.

24 (G) Certification in hostile environments.

25 (H) Enhanced surveillance.
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1 (I) Advanced design and production tech2 nologies.

3 (J) Inertial confinement fusion (ICF) igni4 tion and high yield.

5 (K) Defense computing and modeling.

6 (L) Pit manufacturing readiness.

7 (M) Secondary readiness.

8 (N) High explosive readiness.

9 (O) Nonnuclear readiness.

10 (P) Materials readiness.

11 (Q) Tritium readiness.

12 (3) In the case of readiness in technical base

13 and facilities, detail as follows:

14 (A) Operation of facilities.

15 (B) Program readiness.

16 (C) Special projects.

17 (D) Materials recycle and recovery.

18 (E) Containers.

19 (F) Storage.

20 (4) In the case of secure transportation assets,

21 detail as follows:

22 (A) Operation and maintenance.

23 (B) Program direction relating to trans24 portation.

25 (5) Program direction.
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1 (6) Construction (listed by project number).

2 (7) In the case of safeguards and security, de3 tail as follows:

4 (A) Operation and maintenance.

5 (B) Construction.

6 (c) DEADLINE FOR SUBMITTAL.—The future-years

7 nuclear security program required by subsection (a) shall

8 be submitted not later than November 1, 2000.

9 (d) LIMITATION ON USE OF FUNDS PENDING SUB10 MITTAL.—Not more than 65 percent of the funds author11 ized to be appropriated or otherwise made available for

12 the Department of Energy for fiscal year 2001 by section

13 3101(c) may be obligated or expended until 45 days after

14 the date on which the Under Secretary of Energy for Nu15 clear Security submits to the congressional defense com16 mittees the program required by subsection (a).

17 SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT

18 OF THE NATIONAL NUCLEAR SECURITY AD19 MINISTRATION.

20 (a) OBJECTIVE FOR OBLIGATION OF FUNDS.—It

21 shall be an objective of the Administrator of the National

22 Nuclear Security Administration to obligate funds for co23 operative research and development agreements (as that

24 term is defined in section 12(d)(1) of the Stevenson25 Wydler Technology Innovation Act of 1980 (15 U.S.C.
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1 3710a(d)(1)), or similar cooperative, cost-shared research

2 partnerships with non-Federal organizations, in a fiscal

3 year covered by subsection (b) in an amount at least equal

4 to the percentage of the total amount appropriated for the

5 Administration for such fiscal year that is specified for

6 such fiscal year under subsection (b).

7 (b) FISCAL YEAR PERCENTAGES.—The percentages

8 of funds appropriated for the National Nuclear Security

9 Administration that are obligated in accordance with the

10 objective under subsection (a) are as follows:

11 (1) In each of fiscal years 2001 and 2002, 0.5

12 percent.

13 (2) In any fiscal year after fiscal year 2002, the

14 percentage recommended by the Administrator for

15 each such fiscal year in the report under subsection

16 (c).

17 (c) RECOMMENDATIONS FOR PERCENTAGES IN

18 LATER FISCAL YEARS.—Not later than one year after the

19 date of the enactment of this Act, the Administrator shall

20 submit to the congressional defense committees a report

21 setting forth the Administrator’s recommendations for ap22 propriate percentages of funds appropriated for the Na23 tional Nuclear Security Administration to be obligated for

24 agreements described in subsection (a) during each fiscal

25 year covered by the report.
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1 (d) CONSISTENCY OF AGREEMENTS.—Any agree2 ment entered into under this section shall be consistent

3 with and in support of the mission of the National Nuclear

4 Security Administration.

5 (e) REPORTS ON ACHIEVEMENT OF OBJECTIVE.—(1)

6 Not later than March 30, 2002, and each year thereafter,

7 the Administrator shall submit to the congressional de8 fense committees a report on whether funds of the Na9 tional Nuclear Security Administration were obligated in

10 the fiscal year ending in the preceding year in accordance

11 with the objective for such fiscal year under this section.

12 (2) If funds were not obligated in a fiscal year in ac13 cordance with the objective under this section for such fis14 cal year, the report under paragraph (1) shall—

15 (A) describe the actions the Administrator pro16 poses to take to ensure that the objective under this

17 section for the current fiscal year and future fiscal

18 years will be met; and

19 (B) include any recommendations for legislation

20 required to achieve such actions.
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1 Subtitle D—Program Authoriza2 tions, Restrictions, and Limita3 tions

4 SEC. 3151. PROCESSING, TREATMENT, AND DISPOSITION OF

5 LEGACY NUCLEAR MATERIALS.

6 (a) CONTINUATION.—The Secretary of Energy shall

7 continue operations and maintain a high state of readiness

8 at the F-canyon and H-canyon facilities at the Savannah

9 River Site, Aiken, South Carolina, and shall provide tech10 nical staff necessary to operate and so maintain such fa11 cilities.

12 (b) LIMITATION ON USE OF FUNDS FOR DECOMMIS13 SIONING OF F-CANYON FACILITY.—No amounts author14 ized to be appropriated or otherwise made available for

15 the Department of Energy by this Act or any other Act

16 may be obligated or expended for purposes of commencing

17 the decommissioning of the F-canyon facility at the Savan18 nah River Site, including any studies and planning relat19 ing to such decommissioning, until the Secretary and the

20 Defense Nuclear Facilities Safety Board jointly submit to

21 the congressional defense committees a certification as fol22 lows:

23 (1) That all materials present in the facility as

24 of the date of the certification are safely stabilized.
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1 (2) That requirements applicable to the facility

2 in order to meet the future needs of the United

3 States for fissile materials disposition can be met

4 fully utilizing the H-canyon facility at the Savannah

5 River Site.

6 (c) PLAN FOR TRANSFER OF LONG-TERM CHEMICAL

7 SEPARATION ACTIVITIES.—Not later than February 15,

8 2001, the Secretary shall submit to the Committees on

9 Armed Services of the Senate and House of Representa10 tives a plan for the transfer of all long-term chemical sepa11 ration activities from the F-canyon facility to the H-can12 yon facility at the Savannah River Site commencing in fis13 cal year 2002.

14 SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION

15 PROGRAM.

16 (a) CONTINGENT LIMITATION ON AVAILABILITY OF

17 FUNDS FOR CERTAIN TRAVEL EXPENSES.—Subject to

18 the provisions of this section, no funds authorized to be

19 appropriated or otherwise made available for the Depart20 ment of Energy by this or any other Act may be obligated

21 or expended for travel by the Secretary of Energy or any

22 employees of the Office of the Secretary of Energy.

23 (b) APPLICABILITY.—The prohibition in subsection

24 (a) shall take effect on March 1, 2001, unless the Sec25 retary of Energy makes a certification to the congressional
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1 defense committees before that date that the Department

2 of Energy is in compliance with the requirements of sec3 tion 3131 of the National Defense Authorization Act for

4 Fiscal Year 2000 (Public Law 106–65; 113 Stat. 925; 10

5 U.S.C. 2701 note).

6 (c) TERMINATION.—If the prohibition in subsection

7 (a) takes effect under subsection (b), the prohibition shall

8 remain in effect until the date on which the Secretary

9 makes the certification described in subsection (b).

10 SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR

11 NONPROLIFERATION PROGRAMS.

12 (a) NUCLEAR MATERIALS PROTECTION, CONTROL,

13 AND ACCOUNTING PROGRAM.—(1) Not later than Janu14 ary 1, 2001, and each year thereafter, the Secretary of

15 Energy shall submit to the Committees on Armed Services

16 of the Senate and House of Representatives a report on

17 the status of efforts during the preceding fiscal year under

18 the Nuclear Materials Protection, Control, and Accounting

19 Program of the Department of Energy to secure weapons20 usable nuclear materials in Russia that have been identi21 fied as being at risk for theft or diversion.

22 (2) Each report under paragraph (1) shall set forth

23 the following:

24 (A) The number of buildings, including building

25 locations, that received complete and integrated ma-
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1 terials protection, control, and accounting systems

2 for nuclear materials described in paragraph (1)

3 during the year covered by such report.

4 (B) The amounts of highly enriched uranium

5 and plutonium in Russia that have been secured

6 under systems described in subparagraph (A) as of

7 the date of such report.

8 (C) The amount of nuclear materials described

9 in paragraph (1) that continues to require securing

10 under systems described in subparagraph (A) as of

11 the date of such report.

12 (D) A plan for actions to secure the nuclear

13 materials identified in subparagraph (C) under sys14 tems described in subparagraph (A), including an es15 timate of the cost of such actions.

16 (E) The amounts expended through the fiscal

17 year preceding the date of such report to secure nu18 clear materials described in paragraph (1) under

19 systems described in subparagraph (A), set forth by

20 total amount and by amount per fiscal year.

21 (3)(A) No amounts authorized to be appropriated for

22 the Department of Energy by this Act or any other Act

23 for purposes of the Nuclear Materials Protection, Control,

24 and Accounting Program may be obligated or expended

25 after September 30, 2000, for any project under the pro-
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1 gram at a nuclear weapons complex in Russia until the

2 Secretary submits to the Committees on Armed Services

3 of the Senate and House of Representatives a report on

4 the access policy established with respect to such project,

5 including a certification that the access policy has been

6 implemented.

7 (B) The access policy with respect to a project under

8 this paragraph shall—

9 (i) permit appropriate determinations by United

10 States officials regarding security requirements, in11 cluding security upgrades, for the project; and

12 (ii) ensure verification by United States officials

13 that Department of Energy assistance at the project

14 is being used for the purposes intended.

15 (b) NUCLEAR CITIES INITIATIVE.—(1)(A) Except as

16 provided in subparagraph (B), no amounts authorized to

17 be appropriated or otherwise made available for the De18 partment of Energy for fiscal year 2001 for the Nuclear

19 Cities Initiative may be obligated or expended for purposes

20 of providing assistance under the Initiative until 30 days

21 after the date on which the Secretary of Energy submits

22 to the Committees on Armed Services of the Senate and

23 House of Representatives a copy of an agreement de24 scribed in subparagraph (C).
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1 (B) Subparagraph (A) shall not apply with respect

2 to the obligation or expenditure of funds for purposes of

3 providing assistance under the Nuclear Cities Initiative to

4 the following:

5 (i) Not more than three nuclear cities in Rus6 sia.

7 (ii) Not more than two serial production facili8 ties in Russia.

9 (C) An agreement referred to in this subparagraph

10 is a written agreement between the United States Govern11 ment and the Government of the Russian Federation

12 which provides that Russia will close some of its facilities

13 engaged in nuclear weapons assembly and disassembly

14 work.

15 (2)(A) Of the amounts appropriated or otherwise

16 made available for the Department of Energy for fiscal

17 year 2001 for the Nuclear Cities Initiative, not more than

18 50 percent of such amounts may be obligated or expended

19 for purposes of the Initiative until the Secretary of Energy

20 establishes and implements project review procedures for

21 projects under the Initiative.

22 (B) The project review procedures established under

23 subparagraph (A) shall ensure that any scientific, tech24 nical, or commercial project initiated under the Nuclear

25 Cities Initiative—
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1 (i) shall not enhance the military or weapons of

2 mass destruction capabilities of Russia;

3 (ii) shall not result in the inadvertent transfer

4 or utilization of products or activities under such

5 project for military purposes;

6 (iii) shall be commercially viable; and

7 (iv) shall be carried out in conjunction with an

8 appropriate commercial, industrial, or other non9 profit entity as partner.

10 (C) Not later than January 1, 2001, the Secretary

11 of Energy shall submit to the Committees on Armed Serv12 ices of the Senate and House of Representatives a report

13 on the project review procedures established and imple14 mented under this paragraph.

15 (3) In this subsection, the term ‘‘Nuclear Cities Ini16 tiative’’ means the initiative arising pursuant to the March

17 1998 discussion between the Vice President of the United

18 States and the Prime Minister of the Russian Federation

19 and between the Secretary of Energy of the United States

20 and the Minister of Atomic Energy of the Russian Federa21 tion.

22 (c) INTERNATIONAL NUCLEAR SECURITY PRO23 GRAM.—Amounts authorized to be appropriated or other24 wise made available by this title for the Department of

25 Energy for fiscal year 2001 for the International Nuclear
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1 Security Program in the former Soviet Union and Eastern

2 Europe shall be available only for purposes of reactor safe3 ty upgrades and training relating to nuclear operator and

4 reactor safety.

5 SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE

6 POLYGRAPH PROGRAM.

7 (a) COVERED PERSONS.—Subsection (b) of section

8 3154 of the Department of Energy Facilities Safeguards,

9 Security, and Counterintelligence Enhancement Act of

10 1999 (subtitle D of title XXXI of Public Law 106–65;

11 113 Stat. 941; 42 U.S.C. 7383h) is amended to read as

12 follows:

13 ‘‘(b) COVERED PERSONS.—(1) Subject to paragraph

14 (2), for purposes of this section, a covered person is one

15 of the following:

16 ‘‘(A) An officer or employee of the Department.

17 ‘‘(B) An expert or consultant under contract to

18 the Department.

19 ‘‘(C) An officer or employee of a contractor of

20 the Department.

21 ‘‘(D) An individual assigned or detailed to the

22 Department.

23 ‘‘(E) An applicant for a position in the Depart24 ment.
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1 ‘‘(2) A person described in paragraph (1) is a covered

2 person for purposes of this section only if the position of

3 the person, or for which the person is applying, under that

4 paragraph is a position in one of the categories of posi5 tions listed in section 709.4 of title 10, Code of Federal

6 Regulations.’’.

7 (b) HIGH-RISK PROGRAMS.—Subsection (c) of that

8 section is amended to read as follows:

9 ‘‘(c) HIGH-RISK PROGRAMS.—For purposes of this

10 section, high-risk programs are the following:

11 ‘‘(1) The programs known as Special Access

12 Programs and Personnel Security and Assurance

13 Programs.

14 ‘‘(2) Any other program or position category

15 specified in section 709.4 of title 10, Code of Fed16 eral Regulations.’’.

17 (c) AUTHORITY TO WAIVE EXAMINATION REQUIRE18 MENT.—Subsection (d) of that section is amended—

19 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

20 and

21 (2) by adding at the end the following new

22 paragraphs:

23 ‘‘(2) Subject to paragraph (3), the Secretary may

24 waive the applicability of paragraph (1) to a covered

25 person—
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1 ‘‘(A) if—

2 ‘‘(i) the Secretary determines that the

3 waiver is in the national security interests of

4 the United States;

5 ‘‘(ii) the covered person previously has

6 been granted a security clearance; and

7 ‘‘(iii) the covered person acknowledges in a

8 signed writing that the capacity of the covered

9 person to perform duties under a high-risk pro10 gram after the expiration of the waiver is condi11 tional upon meeting the requirements of para12 graph (1) within the effective period of the

13 waiver;

14 ‘‘(B) if another Federal agency certifies to the

15 Secretary that the covered person has completed

16 successfully a full-scope or counterintelligence-scope

17 polygraph examination during the 5-year period end18 ing on the date of the certification; or

19 ‘‘(C) if the Secretary determines, after consulta20 tion with the covered person, that the treatment of

21 a medical or psychological condition of the covered

22 person should preclude the administration of the ex23 amination.

24 ‘‘(3)(A) Any waiver under paragraph (2)(A) shall be

25 effective for not more than 120 days.
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1 ‘‘(B) Any waiver under paragraph (2)(C) shall be ef2 fective for the duration of the treatment on which such

3 waiver is based.’’.

4 (d) SCOPE OF COUNTERINTELLIGENCE POLYGRAPH

5 EXAMINATION.—Subsection (f) of that section is

6 amended—

7 (1) by inserting ‘‘terrorism,’’ after ‘‘sabotage,’’;

8 and

9 (2) by inserting ‘‘deliberate damage to or mali10 cious misuse of a United States Government infor11 mation or defense system,’’ before ‘‘and’’.

12 SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT

13 CLOSURE PROJECT FACILITIES.

14 (a) AUTHORITY TO PROVIDE INCENTIVES.—Not15 withstanding any other provision of law, the Secretary of

16 Energy may provide to any eligible employee of the De17 partment of Energy one or more of the incentives de18 scribed in subsection (d).

19 (b) ELIGIBLE EMPLOYEES.—An individual is an eli20 gible employee of the Department of Energy for purposes

21 of this section if the individual—

22 (1) has worked continuously at a closure facility

23 for at least two years;

24 (2) is an employee (as that term is defined in

25 section 2105(a) of title 5, United States Code);
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1 (3) has a fully satisfactory or equivalent per2 formance rating during the most recent performance

3 period and is not subject to an adverse notice re4 garding conduct; and

5 (4) meets any other requirement or condition

6 under subsection (d) for the incentive which is pro7 vided the employee under this section.

8 (c) CLOSURE FACILITY DEFINED.—For purposes of

9 this section, the term ‘‘closure facility’’ means a Depart10 ment of Energy facility at which the Secretary is carrying

11 out a closure project selected under section 3143 of the

12 National Defense Authorization Act for Fiscal Year 1997

13 (42 U.S.C. 7274n).

14 (d) INCENTIVES.—The incentives that the Secretary

15 may provide under this section are the following:

16 (1) The right to accumulate annual leave pro17 vided by section 6303 of title 5, United States Code,

18 for use in succeeding years until it totals not more

19 than 90 days, or not more than 720 hours based on

20 a standard work week, at the beginning of the first

21 full biweekly pay period, or corresponding period for

22 an employee who is not paid on the basis of biweekly

23 pay periods, occurring in a year, except that—

24 (A) any annual leave that remains unused

25 when an employee transfers to a position in a
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1 department or agency of the Federal Govern2 ment shall be liquidated upon the transfer by

3 payment to the employee of a lump sum for

4 leave in excess of 30 days, or in excess of 240

5 hours based on a standard work week; and

6 (B) upon separation from service, annual

7 leave accumulated under this paragraph shall

8 be treated as any other accumulated annual

9 leave is treated.

10 (2) The right to be paid a retention allowance

11 in a lump sum in compliance with paragraphs (1)

12 and (2) of section 5754(b) of title 5, United States

13 Code, if the employee meets the requirements of sec14 tion 5754(a) of that title, except that the retention

15 allowance may exceed 25 percent, but may not be

16 more than 40 percent, of the employee’s rate of

17 basic pay.

18 (3) A detail under section 3341 of title 5,

19 United States Code.

20 (4) The right to receive a voluntary separation

21 incentive payment in the amount equal to the

22 amount the employee would be entitled to receive

23 under section 5595(c) of title 5, United States Code,

24 subject to the terms, conditions, and procedures set

25 forth in section 663 of the Treasury, Postal Service,
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1 and General Government Appropriations Act, 1997

2 (5 U.S.C. 5597 note), except that the date in section

3 663(c)(2)(D) of that Act does not apply.

4 (e) AGREEMENT.—(1) An eligible employee of the

5 Department of Energy provided an incentive under this

6 section shall enter into an agreement with the Secretary

7 to remain employed at the closure facility at which the

8 employee is employed as of the date of the agreement until

9 a specific date or for a specific period of time.

10 (2) The detail of an employee under subsection (d)(3)

11 shall not be treated as terminating the employment of the

12 employee at a closure facility for purposes of an agreement

13 under paragraph (1).

14 (f) VIOLATION OF AGREEMENT.—(1) Except as pro15 vided under paragraph (3), an eligible employee of the De16 partment of Energy who violates an agreement under sub17 section (e), or is dismissed for cause, shall forfeit eligibility

18 for any incentives under this section as of the date of the

19 violation or dismissal, as the case may be.

20 (2) Except as provided under paragraph (3), an eligi21 ble employee of the Department of Energy who is paid

22 a retention allowance under subsection (d)(2), receives a

23 voluntary separation incentive payment under subsection

24 (d)(4), or both, and who violates an agreement under sub25 section (e), or is dismissed for cause, before the end of
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1 the period or date of employment agreed upon under such

2 agreement shall refund to the United States an amount

3 that bears the same ratio to the aggregate amount so paid

4 to or received by the employee as the unserved part of

5 such employment bears to the total period of employment

6 agreed upon under such agreement.

7 (3) The Secretary may waive the applicability of

8 paragraph (1) or (2) to an employee otherwise covered by

9 such paragraph if the Secretary determines that there is

10 good and sufficient reason for the waiver.

11 (g) REPORT.—The Secretary shall include in each re12 port on a closure project under section 3143(h) of the Na13 tional Defense Authorization Act for Fiscal Year 1997 a

14 report on the incentives, if any, provided under this section

15 with respect to the project for the period covered by such

16 report.

17 (h) EXPIRATION OF AUTHORITY.—The authority to

18 provide incentives under this section shall expire on Sep19 tember 23, 2011.

20 (i) DETAILS.—(1) Section 3341 of title 5, United

21 States Code, is amended to read as follows:

22 ‘‘§ 3341. Details: within and among Executive agen23 cies; to non-Federal employers

24 ‘‘(a) The head of an Executive agency may detail em25 ployees among the components of the agency, except em-
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1 ployees who are required by law to be engaged exclusively

2 in some specific work.

3 ‘‘(b) The head of an Executive agency may detail to

4 duties in the Executive agency or another Executive agen5 cy or to a non-Federal employer, on a nonreimbursable

6 basis, an employee who has been identified by the Execu7 tive agency as being, or likely to become, a surplus em8 ployee or displaced employee.

9 ‘‘(c) For purposes of this section:

10 ‘‘(1) The term ‘Executive agency’ has the

11 meaning given that term by section 105, but does

12 not include a Government corporation or the General

13 Accounting Office.

14 ‘‘(2) The term ‘displaced employee’ means an

15 employee who has been given specific notice that the

16 employee is to be separated due to a reduction in

17 force.

18 ‘‘(3) The term ‘surplus employee’ means an em19 ployee who has been identified by the employing

20 agency as likely to be separated due to a reduction

21 in force.

22 ‘‘(4) The term ‘non-Federal employer’ means

23 an employer other than an Executive agency or any

24 agency in the legislative or judicial branch (including

25 Congress or any United States court).’’.
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1 (2) The table of sections at the beginning of chapter

2 33 of such title is amended by striking the item relating

3 to section 3341 and inserting the following new item:

‘‘3341. Details: within and among Executive agencies; to non-Federal employers.’’.

4 (i) HEALTH COVERAGE.—Section 8905a(d)(4) of

5 title 5, United States Code, is amended by adding after

6 subparagraph (B) the following new subparagraph (C):

7 ‘‘(C) Notwithstanding subparagraph (B), if the basis

8 for continued coverage under this section is a voluntary

9 or involuntary separation from the Department of Energy

10 by reason of a closure project under section 3143 of the

11 National Defense Authorization Act for Fiscal Year 1997

12 (42 U.S.C. 7274n)—

13 ‘‘(i) the individual shall be liable for not more

14 than the employee contributions referred to in para15 graph (1)(A)(i); and

16 ‘‘(ii) the Department of Energy shall pay the

17 remaining portion of the amount required is under

18 paragraph (1)(A).’’.

19 Subtitle E—Other Matters

20 SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT

21 OF CERTAIN SCIENTIFIC, ENGINEERING, AND

22 TECHNICAL PERSONNEL.

23 Section 3161(c)(1) of the National Defense Author24 ization Act for Fiscal Year 1995 (42 U.S.C. 7231 note)
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1 is amended by striking ‘‘September 30, 2000’’ and insert2 ing ‘‘September 30, 2002’’.

3 SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READI4 NESS POSTURES.

5 Section 3152 of the National Defense Authorization

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

7 623) is amended—

8 (1) by inserting ‘‘(a) REPORT.—’’ before ‘‘Not

9 later than February 15, 1996,’’; and

10 (2) by adding at the end the following:

11 ‘‘(b) BIENNIAL UPDATES OF REPORT.—(1) The Sec12 retary shall submit to the congressional defense commit13 tees an update of the report required under (a) not later

14 than February 15, 2001, and every two years thereafter.

15 ‘‘(2) Each update under paragraph (1) shall include,

16 current as of the date of such update, the following:

17 ‘‘(A) A list and description of the workforce

18 skills and capabilities that are essential to carry out

19 underground nuclear tests at the Nevada Test Site.

20 ‘‘(B) A list and description of the infrastructure

21 and physical plant that are essential to carry out un22 derground nuclear tests at the Nevada Test Site.

23 ‘‘(C) A description of the readiness status of

24 the skills and capabilities described in subparagraph
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1 (A) and of the infrastructure and physical plant de2 scribed in subparagraph (B).

3 ‘‘(3) Each update under paragraph (1) shall be sub4 mitted in unclassified form, but may include a classified

5 annex.’’.

6 SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RE7 LEASES OF RESTRICTED DATA AND FOR8 MERLY RESTRICTED DATA.

9 (a) FREQUENCY OF REPORTS.—Section 3161(f)(2)

10 of the Strom Thurmond National Defense Authorization

11 Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

12 2261; 50 U.S.C. 435 note) is amended to read as follows:

13 ‘‘(2) The Secretary of Energy shall, on a quarterly

14 basis, notify the committees and Assistant to the Presi15 dent specified in subsection (d) of inadvertent releases de16 scribed in paragraph (1) that are discovered after the date

17 of the enactment of this Act.’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall take effect on the date of the enact20 ment of this Act and shall apply with respect to inad21 vertent releases of Restricted Data and Formerly Re22 stricted Data that are discovered on or after that date.
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1 SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE

2 SAFETY OR RELIABILITY OF THE NUCLEAR

3 WEAPONS STOCKPILE.

4 Any certification submitted to the President by the

5 Secretary of Defense or the Secretary of Energy regarding

6 confidence in the safety or reliability of a nuclear weapon

7 type in the United States nuclear weapons stockpile shall

8 be submitted in classified form only.

9 SEC. 3175. ENGINEERING AND MANUFACTURING RE10 SEARCH, DEVELOPMENT, AND DEMONSTRA11 TION BY PLANT MANAGERS OF CERTAIN NU12 CLEAR WEAPONS PRODUCTION PLANTS.

13 (a) AUTHORITY.—The Secretary of Energy may au14 thorize the plant manager of a covered nuclear weapons

15 production plant to engage in research, development, and

16 demonstration activities with respect to the engineering

17 and manufacturing capabilities at such plant in order to

18 maintain and enhance such capabilities at such plant.

19 (b) FUNDING.—Of the amount allocated by the Sec20 retary to a covered nuclear weapons production plant each

21 fiscal year from amounts available to the Department of

22 Energy for such fiscal year for national security programs,

23 not more than an amount equal to 2 percent of such

24 amount may be used for activities authorized under sub25 section (a).
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1 (c) COVERED NUCLEAR WEAPONS PRODUCTION

2 PLANTS.—For purposes of this section, the term ‘‘covered

3 nuclear weapons production plant’’ means the following:

4 (1) The Kansas City Plant, Kansas City, Mis5 souri.

6 (2) The Y–12 Plant, Oak Ridge, Tennessee.

7 (3) The Pantex Plant, Amarillo, Texas.

8 SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT

9 AGREEMENTS FOR GOVERNMENT-OWNED,

10 CONTRACTOR-OPERATED LABORATORIES.

11 (a) STRATEGIC PLANS.—Subsection (a) of section 12

12 of the Stevenson-Wydler Technology Innovation Act of

13 1980 (15 U.S.C. 3710a) is amended by striking ‘‘joint

14 work statement,’’ and inserting ‘‘joint work statement or,

15 if permitted by the agency, in an agency-approved annual

16 strategic plan,’’.

17 (b) EXPERIMENTAL FEDERAL WAIVERS.—Sub18 section (b) of that section is amended by adding at the

19 end the following new paragraph:

20 ‘‘(6)(A) In the case of a Department of Energy lab21 oratory, a designated official of the Department of Energy

22 may waive any license retained by the Government under

23 paragraph (1)(A), (2), or (3)(D), in whole or in part and

24 according to negotiated terms and conditions, if the des25 ignated official finds that the retention of the license by
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1 the Department of Energy would substantially inhibit the

2 commercialization of an invention that would otherwise

3 serve an important Federal mission.

4 ‘‘(B) The authority to grant a waiver under subpara5 graph (A) shall expire on the date that is 5 years after

6 the date of the enactment of the Department of Energy

7 National Security Act for Fiscal Year 2001.

8 ‘‘(C) The expiration under subparagraph (B) of au9 thority to grant a waiver under subparagraph (A) shall

10 not effect any waiver granted under subparagraph (A) be11 fore the expiration of such authority.’’.

12 (c) TIME REQUIRED FOR APPROVAL.—Subsection

13 (c)(5) of that section is amended—

14 (1) by striking subparagraph (C);

15 (2) by redesignating subparagraph (D) as sub16 paragraph (C); and

17 (3) in subparagraph (C), as so redesignated—

18 (A) in clause (i)—

19 (i) by striking ‘‘with a small business

20 firm’’; and

21 (ii) by inserting ‘‘if’’ after ‘‘state22 ment’’; and

23 (B) by adding at the end the following new

24 clauses:
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1 ‘‘(iv) Any agency that has contracted with a non-Fed2 eral entity to operate a laboratory may develop and pro3 vide to such laboratory one or more model cooperative re4 search and development agreements for purposes of stand5 ardizing practices and procedures, resolving common legal

6 issues, and enabling review of cooperative research and de7 velopment agreements to be carried out in a routine and

8 prompt manner.

9 ‘‘(v) A Federal agency may waive the requirements

10 of clause (i) or (ii) under such circumstances as the agency

11 considers appropriate.’’.

12 SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY

13 AND CONTRACTOR EMPLOYEES FOR EXEM14 PLARY SERVICE IN STOCKPILE STEWARD15 SHIP AND SECURITY.

16 (a) AUTHORITY TO PRESENT CERTIFICATE OF COM17 MENDATION.—The Secretary of Energy may present a

18 certificate of commendation to any current or former em19 ployee of the Department of Energy, and any current or

20 former employee of a Department contractor, whose serv21 ice to the Department in matters relating to stockpile

22 stewardship and security assisted the Department in fur23 thering the national security interests of the United

24 States.
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1 (b) CERTIFICATE.—The certificate of commendation

2 presented to a current or former employee under sub3 section (a) shall include an appropriate citation of the

4 service of the current or former employee described in that

5 subsection, including a citation for dedication, intellect,

6 and sacrifice in furthering the national security interests

7 of the United States by maintaining a strong, safe, and

8 viable United States nuclear deterrent during the Cold

9 War or thereafter.

10 (c) DEPARTMENT OF ENERGY DEFINED.—For pur11 poses of this section, the term ‘‘Department of Energy’’

12 includes any predecessor agency of the Department of En13 ergy.

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY

16 BOARD

17 SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

18 There are authorized to be appropriated for fiscal

19 year 2001, $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.).
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1 TITLE XXXIII—NAVAL

2 PETROLEUM RESERVES

3 SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM

4 THE NAVAL PETROLEUM RESERVES.

5 (a) HIGHER MINIMUM PRICE.—Subparagraph (A) of

6 section 7430(b)(2) of title 10, United States Code, is

7 amended by striking ‘‘90 percent of’’.

8 (b) INAPPLICABILITY OF REQUIREMENT TO RESERVE

9 NUMBERED 1.—Such section 7430(b)(2) is further

10 amended by striking ‘‘Naval Petroleum Reserves Num11 bered 1, 2, and 3’’ in the matter preceding subparagraph

12 (A) and inserting ‘‘Naval Petroleum Reserves Numbered

13 2 and 3’’.

14 SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR CO15 OPERATIVE OR UNIT PLANS AFFECTING

16 NAVAL PETROLEUM RESERVE NUMBERED 1.

17 (a) REPEAL.—Section 7426 of title 10, United States

18 Code, is repealed.

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

20 at the beginning of chapter 641 of such title is amended

21 by striking the item relating to section 7426.
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1 TITLE XXXIV—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

4 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis5 cal year 2001, the National Defense Stockpile Manager

6 may obligate up to $75,000,000 of the funds in the Na7 tional Defense Stockpile Transaction Fund established

8 under subsection (a) of section 9 of the Strategic and Crit9 ical Materials Stock Piling Act (50 U.S.C. 98h) for the

10 authorized uses of such funds under subsection (b)(2) of

11 such section, including the disposal of hazardous materials

12 that are environmentally sensitive.

13 (b) ADDITIONAL OBLIGATIONS.—The National De14 fense Stockpile Manager may obligate amounts in excess

15 of the amount specified in subsection (a) if the National

16 Defense Stockpile Manager notifies Congress that extraor17 dinary or emergency conditions necessitate the additional

18 obligations. The National Defense Stockpile Manager may

19 make the additional obligations described in the notifica20 tion after the end of the 45-day period beginning on the

21 date on which Congress receives the notification.

22 (c) LIMITATIONS.—The authorities provided by this

23 section shall be subject to such limitations as may be pro24 vided in appropriations Acts.
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1 SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL

2 AUTHORITY.

3 Section 3303(a) of the Strom Thurmond National

4 Defense Authorization Act for Fiscal Year 1999 (Public

5 Law 105–261; 1112 Stat. 2263; 50 U.S.C. 98d note) is

6 amended—

7 (1) in paragraph (2), by striking

8 ‘‘$460,000,000’’ and inserting ‘‘$409,000,000’’;

9 (2) in paragraph (3), by striking

10 ‘‘$555,000,000’’ and inserting ‘‘$585,000,000’’; and

11 (3) in paragraph (4), by striking

12 ‘‘$590,000,000’’ and inserting ‘‘$620,000,000’’.

Calendar No. 546

106TH CONGRESS

2D SESSION S. 2552

A BILL

To authorize appropriations for fiscal year 2001 for

defense activities of the Department of Energy,and for other purposes.

MAY 12, 2000

Reported from the Committee on Armed Services, under

authority of the order of the Senate of May 11th,2000, the following original bill; which was read twiceand placed on the calendar