106TH CONGRESS

2D SESSION S. 2552

AN ACT

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’’.
2

S 2552

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.

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.

Sec. 3138. Construction of National Nuclear Security Administration operations office complex.

Subtitle D—Program Authorizations, Restrictions, and

Limitations

Sec. 3151. Processing, treatment, and disposition of legacy nuclear materials.
3

S 2552

Sec. 3152. Formerly Utilized Sites Remedial Action Program.

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.

Sec. 3156. Conceptual design for Subsurface Geosciences Laboratory at Idaho

National Engineering and Environmental Laboratory, Idaho

Falls, Idaho.

Sec. 3157. Tank Waste Remediation System, Hanford Reservation, Richland,

Washington.

Sec. 3158. Report on national ignition facility, Lawrence Livermore National

Laboratory, Livermore, California.

Subtitle E—National Laboratories Partnership Improvement

Act

Sec. 3161. Short title.

Sec. 3162. Definitions.

Sec. 3163. Technology Infrastructure Pilot Program.

Sec. 3164. Small business advocacy and assistance.

Sec. 3165. Technology partnerships ombudsman.

Sec. 3166. Studies related to improving mission effectiveness, partnerships, and

technology transfer at National Laboratories.

Sec. 3167. Other transactions authority.

Sec. 3168. Conformance with NNSA organizational structure.

Sec. 3169. Arctic energy.

Subtitle F—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.

Sec. 3178. Adjustment of threshold requirement for submission of reports on

advanced computer sales to Tier III foreign countries.

Subtitle G—Russian Nuclear Complex Conversion

Sec. 3191. Short title.

Sec. 3192. Findings.

Sec. 3193. Expansion and enhancement of Nuclear Cities Initiative.

Sec. 3194. Sense of Congress on the establishment of a National Coordinator

for Nonproliferation Matters.

Sec. 3195. Definitions.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD
4

S 2552

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.

Sec. 3303. Land transfer and restoration.

TITLE XXXIV—NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.

Sec. 3402. Increased receipts under prior disposal authority.

Sec. 3403. Disposal of titanium.

TITLE XXXV—ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION

Sec. 3501. Short title.

Sec. 3502. Construction with other laws.

Sec. 3503. Definitions.

Sec. 3504. Expansion of list of beryllium vendors and means of establishing

covered beryllium illnesses.

Subtitle A—Beryllium, Silicosis, and Radiation Compensation

Sec. 3511. Exposure to hazards in the performance of duty.

Sec. 3512. Advisory board on radiation and worker health.

Sec. 3513. Designation of additional members of the Special Exposure Cohort.

Sec. 3514. Authority to provide compensation and other assistance.

Sec. 3515. Alternative compensation.

Sec. 3516. Submittal of claims.

Sec. 3517. Adjudication and administration.

Subtitle B—Exposure to Other Toxic Substances

Sec. 3521. Definitions.

Sec. 3522. Agreements with States.

Subtitle C—General Provisions

Sec. 3531. Treatment of compensation and benefits.

Sec. 3532. Forfeiture of benefits by convicted felons.

Sec. 3533. Limitation on right to receive benefits.

Sec. 3534. Coordination of benefits—State workers’ compensation.

Sec. 3535. Coordination of benefits—Federal workers’ compensation.

Sec. 3536. Receipt of benefits—other statutes.

Sec. 3537. Dual compensation—Federal employees.

Sec. 3538. Dual compensation—other employees.

Sec. 3539. Exclusivity of remedy against the United States, contractors, and

subcontractors.

Sec. 3540 Election of remedy against beryllium vendors and atomic weapons

employers.

Sec. 3541. Subrogation of the United States.

Sec. 3542. Energy Employees’ Occupational Illness Compensation Fund.

Sec. 3543. Effective date.

Sec. 3544. Technical and conforming amendments.
5

S 2552

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 Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 TITLE XXXI—DEPARTMENT OF

10 ENERGY NATIONAL SECURITY

11 PROGRAMS

12 Subtitle A—National Security

13 Programs Authorizations

14 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA15 TION.

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

17 be appropriated to the Department of Energy for fiscal

18 year 2001 for national nuclear security administration in

19 carrying out programs necessary for national security in

20 the amount of $6,289,835,000, to be allocated as follows:

21 (1) WEAPONS ACTIVITIES.—For weapons activi22 ties necessary for national nuclear security adminis23 tration, $4,747,800,000, to be allocated as follows:

24 (A) STEWARDSHIP OPERATION AND MAIN25 TENANCE.—For stewardship operation and

26 maintenance in carrying out weapons activities
6

S 2552

1 necessary for national nuclear security adminis2 tration, $3,822,383,000, to be allocated as fol3 lows:

4 (i) For directed stockpile work,

5 $842,603,000.

6 (ii) For campaigns, $1,471,982,000.

7 (iii) For readiness in technical base

8 and facilities, $1,507,798,000.

9 (B) SECURE TRANSPORTATION ASSETS.—

10 For secure transportation assets in carrying out

11 weapons activities necessary for national nu12 clear security administration, $115,673,000, to

13 be allocated as follows:

14 (i) For operation and maintenance,

15 $79,357,000.

16 (ii) For program direction (secure

17 transportation), $36,316,000.

18 (C) PROGRAM DIRECTION.—For program

19 direction in carrying out weapons activities nec20 essary for national nuclear security administra21 tion, $221,257,000.

22 (D) CONSTRUCTION.—For construction

23 (including maintenance, restoration, planning,

24 construction, acquisition, modification of facili25 ties, and the continuation of projects authorized
7

S 2552

1 in prior years, and land acquisition related

2 thereto) in carrying out weapons activities nec3 essary for national nuclear security administra4 tion, $588,173,000, to be allocated as follows:

5 Project 01–D–101, distributed infor6 mation systems laboratory, Sandia Na7 tional Laboratories, Livermore, California,

8 $2,300,000.

9 Project 01–D–103, preliminary

10 project design and engineering, various lo11 cations, $14,500,000.

12 Project 01–D–124, highly enriched

13 uranium (HEU) materials facility, Y–12

14 Plant, Oak Ridge, Tennessee,

15 $17,800,000.

16 Project 01–D–126, weapons evalua17 tion test laboratory, Pantex Plant, Ama18 rillo, Texas, $3,000,000.

19 Project 00–D–103, terascale simula20 tion facility, Lawrence Livermore National

21 Laboratory, Livermore, California,

22 $5,000,000.

23 Project 00–D–105, strategic com24 puting complex, Los Alamos National Lab-
8

S 2552

1 oratory, Los Alamos, New Mexico,

2 $56,000,000.

3 Project 00–D–107, joint computa4 tional engineering laboratory, Sandia Na5 tional Laboratories, Albuquerque, New

6 Mexico, $6,700,000.

7 Project 99–D–103, isotope sciences

8 facilities, Lawrence Livermore National

9 Laboratory, Livermore, California,

10 $5,000,000.

11 Project 99–D–104, protection of real

12 property (roof reconstruction, Phase II)

13 Lawrence Livermore National Laboratory,

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

15 Project 99–D–106, model validation

16 and systems certification test center,

17 Sandia National Laboratories, Albu18 querque, New Mexico, $5,200,000.

19 Project 99–D–108, renovate existing

20 roadways, Nevada Test Site, Nevada,

21 $2,000,000.

22 Project 99–D–125, replace boilers and

23 controls, Kansas City Plant, Kansas City,

24 Missouri, $13,000,000.
9

S 2552

1 Project 99–D–127, stockpile manage2 ment restructuring initiative, Kansas City

3 Plant, Kansas City, Missouri,

4 $23,765,000.

5 Project 99–D–128, stockpile manage6 ment restructuring initiative, Pantex Plant

7 consolidation, Amarillo, Texas, $4,998,000.

8 Project 99–D–132, stockpile manage9 ment restructuring initiative, nuclear mate10 rials safeguards and security upgrades

11 project, Los Alamos National Laboratory,

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

13 Project 98–D–123, stockpile manage14 ment restructuring initiative, tritium facil15 ity modernization and consolidation, Sa16 vannah River Site, Aiken, South Carolina,

17 $30,767,000.

18 Project 98–D–125, tritium extraction

19 facility, Savannah River Site, Aiken, South

20 Carolina, $75,000,000.

21 Project 98–D–126, Accelerator Pro22 duction of Tritium (APT), various loca23 tions, $34,000,000.

24 Project 97–D–102, dual-axis radio25 graphic hydrotest facility (DARHT), Los
10

S 2552

1 Alamos National Laboratory, Los Alamos,

2 New Mexico, $35,232,000.

3 Project 97–D–123, structural up4 grades, Kansas City Plant, Kansas City,

5 Missouri, $2,918,000.

6 Project 96–D–111, national ignition

7 facility (NIF), Lawrence Livermore Na8 tional Laboratory, Livermore, California,

9 $214,100,000.

10 Project 95–D–102, chemistry and

11 metallurgy research upgrades project, Los

12 Alamos National Laboratory, Los Alamos,

13 New Mexico, $13,337,000.

14 Project 88–D–123, security enhance15 ment, Pantex Plant, Amarillo, Texas,

16 $2,713,000.

17 (2) DEFENSE NUCLEAR NONPROLIFERATION.—

18 For defense nuclear nonproliferation necessary for

19 national nuclear security administration,

20 $847,035,000, to be allocated as follows:

21 (A) NONPROLIFERATION AND

22 VERIFICATION RESEARCH AND DEVELOP23 MENT.—For nonproliferation and verification

24 research and development technology in car25 rying out defense nuclear nonproliferation nec-
11

S 2552

1 essary for national nuclear security administra2 tion, $262,990,000, to be allocated as follows:

3 (i) For operation and maintenance,

4 $255,990,000.

5 (ii) For the following plant project

6 (including maintenance, restoration, plan7 ning, construction, acquisition, modifica8 tion of facilities, and the continuation of

9 projects authorized in prior years, and land

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

11 be allocated as follows:

12 Project 00–D–192, nonprolifera13 tion and international security center

14 (NISC), Los Alamos National Labora15 tory, Los Alamos, New Mexico,

16 $7,000,000.

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

18 carrying out defense nuclear nonproliferation

19 necessary for national nuclear security adminis20 tration, $308,060,000, to be allocated as fol21 lows:

22 (i) For arms control operations,

23 $272,870,000.
12

S 2552

1 (ii) For highly enriched uranium

2 (HEU) transparency implementation,

3 $15,190,000.

4 (iii) For international nuclear safety,

5 $20,000,000.

6 (C) FISSILE MATERIALS DISPOSITION.—

7 For fissile materials disposition in carrying out

8 defense nuclear nonproliferation necessary for

9 national nuclear security administration,

10 $224,517,000, to be allocated as follows:

11 (i) For operation and maintenance,

12 $175,517,000.

13 (ii) For plant projects (including

14 maintenance, restoration, planning, con15 struction, acquisition, modification of fa16 cilities, and the continuation of projects

17 authorized in prior years, and land acquisi18 tion related thereto), $49,000,000, to be

19 allocated as follows:

20 Project 00–D–142, immobiliza21 tion and associated processing facility,

22 titles I and II design, Savannah River

23 Site, Aiken, South Carolina,

24 $3,000,000.
13

S 2552

1 Project 99–D–141, pit dis2 assembly and conversion facility, titles

3 I and II design, Savannah River Site,

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

5 Project 99–D–143, mixed oxide

6 fuel fabrication facility, titles I and II

7 design, Savannah River Site, Aiken,

8 South Carolina, $26,000,000.

9 (D) PROGRAM DIRECTION.—For program

10 direction in carrying out defense nuclear non11 proliferation necessary for national nuclear se12 curity administration, $51,468,000.

13 (3) NAVAL REACTORS.—For naval reactors ac14 tivities necessary for national nuclear security ad15 ministration, $695,000,000, to be allocated as fol16 lows:

17 (A) NAVAL REACTORS DEVELOPMENT.—

18 For naval reactors development in carrying out

19 naval reactors activities necessary for national

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

21 to be allocated as follows:

22 (i) For operation and maintenance,

23 $644,900,000.

24 (ii) For plant projects (including

25 maintenance, restoration, planning, con-
14

S 2552

1 struction, acquisition, modification of fa2 cilities, and the continuation of projects

3 authorized in prior years, and land acquisi4 tion related thereto), $28,700,000, to be

5 allocated as follows:

6 Project GPN–101, general plant

7 projects, various locations,

8 $11,400,000.

9 Project 01–D–200, major office

10 replacement building, Schenectady,

11 New York, $1,300,000.

12 Project 90–N–102, expended core

13 facility dry cell project, Naval Reac14 tors Facility, Idaho Falls, Idaho,

15 $16,000,000.

16 (B) PROGRAM DIRECTION.—For program

17 direction in carrying out naval reactors activi18 ties necessary for national nuclear security ad19 ministration, $21,400,000.

20 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

21 WASTE MANAGEMENT.

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

23 are hereby authorized to be appropriated to the Depart24 ment of Energy for fiscal year 2001 for environmental res25 toration and waste management activities in carrying out
15

S 2552

1 programs necessary for national security in the amount

2 of $5,651,824,000, to be allocated as follows:

3 (1) CLOSURE PROJECTS.—For closure projects

4 carried out in accordance with section 3143 of the

5 National Defense Authorization Act for Fiscal Year

6 1997 (Public Law 104–201; 110 Stat. 2836; 42

7 U.S.C. 7277n), $1,082,297,000

8 (2) SITE/PROJECT COMPLETION.—For site com9 pletion and project completion in carrying out envi10 ronmental management activities necessary for na11 tional security programs, $930,951,000, to be allo12 cated as follows:

13 (A) For operation and maintenance,

14 $861,475,000.

15 (B) For plant projects (including mainte16 nance, restoration, planning, construction, ac17 quisition, modification of facilities, and the con18 tinuation of projects authorized in prior years,

19 and land acquisition related thereto),

20 $69,476,000, to be allocated as follows:

21 Project 01–D–402, Intec cathodic

22 protection system expansion, Idaho Na23 tional Engineering and Environmental

24 Laboratory, Idaho Falls, Idaho, $500,000.
16

S 2552

1 Project 01–D–407, highly enriched

2 uranium (HEU) blend down, Savannah

3 River Site, Aiken, South Carolina,

4 $27,932,000.

5 Project 99–D–402, tank farm support

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

7 Aiken, South Carolina, $7,714,000.

8 Project 99–D–404, health physics in9 strumentation laboratory, Idaho National

10 Engineering and Environmental Labora11 tory, Idaho Falls, Idaho, $4,300,000.

12 Project 98–D–453, plutonium sta13 bilization and handling system for pluto14 nium finishing plant, Richland, Wash15 ington, $1,690,000.

16 Project 97–D–470, regulatory moni17 toring and bioassay laboratory, Savannah

18 River Site, Aiken, South Carolina,

19 $3,949,000.

20 Project 96–D–471, chlorofluorocarbon

21 heating, ventilation, and air conditioning

22 and chiller retrofit, Savannah River Site,

23 Aiken, South Carolina, $12,512,000.
17

S 2552

1 Project 92–D–140, F&H canyon ex2 haust upgrades, Savannah River Site,

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

4 Project 86–D–103, decontamination

5 and waste treatment facility, Lawrence

6 Livermore National Laboratory, Liver7 more, California, $2,000,000.

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

9 completion in carrying out environmental restoration

10 and waste management activities necessary for na11 tional security programs, $3,178,457,000, to be allo12 cated as follows:

13 (A) For operation and maintenance,

14 $2,683,725,000.

15 (B) For plant projects (including mainte16 nance, restoration, planning, construction, ac17 quisition, modification of facilities, and the con18 tinuation of projects authorized in prior years,

19 and land acquisition related thereto),

20 $99,732,000, to be allocated as follows:

21 Project 01–D–403, immobilized high22 level waste interim storage facility, Rich23 land, Washington, $1,300,000.
18

S 2552

1 Project 99–D–403, privatization

2 phase I infrastructure support, Richland,

3 Washington, $7,812,000.

4 Project 97–D–402, tank farm restora5 tion and safe operations, Richland, Wash6 ington, $46,023,000.

7 Project 94–D–407, initial tank re8 trieval systems, Richland, Washington,

9 $17,385,000.

10 Project 93–D–187, high-level waste

11 removal from filled waste tanks, Savannah

12 River Site, Aiken, South Carolina,

13 $27,212,000.

14 (4) SCIENCE AND TECHNOLOGY DEVELOP15 MENT.—For science and technology development in

16 carrying out environmental restoration and waste

17 management activities necessary for national secu18 rity programs, $246,548,000.

19 (5) PROGRAM DIRECTION.—For program direc20 tion in carrying out environmental restoration and

21 waste management activities necessary for national

22 security programs, $354,888,000.

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

24 be appropriated by subsection (a) is the sum of the
19

S 2552

1 amounts authorized to be appropriated by paragraphs (1)

2 through (5) of that subsection, reduced by $216,317,000.

3 SEC. 3103. OTHER DEFENSE ACTIVITIES.

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

5 are hereby authorized to be appropriated to the Depart6 ment of Energy for fiscal year 2001 for other defense ac7 tivities in carrying out programs necessary for national se8 curity in the amount of $536,322,000, to be allocated as

9 follows:

10 (1) INTELLIGENCE.—For intelligence in car11 rying out other defense activities necessary for na12 tional security programs, $38,059,000, to be allo13 cated as follows:

14 (A) For operation and maintenance,

15 $36,059,000.

16 (B) For the following plant project (includ17 ing maintenance, restoration, planning, con18 struction, acquisition, modification of facilities,

19 and the continuation of projects authorized in

20 prior years, and land acquisition related there21 to), $2,000,000, to be allocated as follows:

22 Project 01–D–800, sensitive compart23 mented information facility, Lawrence

24 Livermore National Laboratory, Liver25 more, California, $2,000,000.
20

S 2552

1 (2) COUNTERINTELLIGENCE.—For counter2 intelligence in carrying out other defense activities

3 necessary for national security programs,

4 $75,200,000.

5 (3) SECURITY AND EMERGENCY OPERATIONS.—

6 For security and emergency operations in carrying

7 out other defense activities necessary for national se8 curity programs, $281,576,000, to be allocated as

9 follows:

10 (A) For nuclear safeguards and security,

11 $124,409,000.

12 (B) For security investigations,

13 $33,000,000.

14 (C) For emergency management,

15 $37,300,000.

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

17 (4) INDEPENDENT OVERSIGHT AND PERFORM18 ANCE ASSURANCE.—For independent oversight and

19 performance assurance in carrying out other defense

20 activities necessary for national security programs,

21 $14,937,000, to be allocated for program direction.

22 (5) ENVIRONMENT, SAFETY, AND HEALTH, DE23 FENSE.—For environment, safety, and health, de24 fense, in carrying out other defense activities nec-
21

S 2552

1 essary for national security programs, $99,050,000,

2 to be allocated as follows:

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

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

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

6 (6) WORKER AND COMMUNITY TRANSITION.—

7 For worker and community transition in carrying

8 out other defense activities necessary for national se9 curity programs, $24,500,000, to be allocated as fol10 lows:

11 (A) For operation and maintenance,

12 $21,500,000.

13 (B) For program direction, $3,000,000.

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

15 the Office of Hearings and Appeals in carrying out

16 other defense activities necessary for national secu17 rity programs, $3,000,000.

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

19 be appropriated pursuant to subsection (a)(3)(B) is re20 duced by $20,000,000 to reflect an offset provided by user

21 organizations for security investigations.

22 (2) The total amount authorized to be appropriated

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

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

25 subsection, reduced by $50,000,000.
22

S 2552

1 SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI2 VATIZATION.

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

4 be appropriated to the Department of Energy for fiscal

5 year 2001 for privatization initiatives in carrying out envi6 ronmental restoration and waste management activities

7 necessary for national security programs in the amount

8 of $390,092,000, to be allocated as follows:

9 Project 98–PVT–2, spent nuclear fuel dry stor10 age, Idaho Falls, Idaho, $25,092,000.

11 Project 97–PVT–1, tank waste remediation sys12 tem project, phase I, Richland, Washington,

13 $300,000,000.

14 Project 97–PVT–2, advanced mixed waste

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

16 (b) EXPLANATION OF ADJUSTMENT.—The amount

17 authorized to be appropriated pursuant to subsection (a)

18 is the sum of the amounts authorized to be appropriated

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

20 for use of prior year balances of funds for defense environ21 mental management privatization.

22 SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIA23 TIVE.

24 Funds are hereby authorized to be appropriated to

25 the Department of Energy for fiscal year 2001 for an en-
23

S 2552

1 ergy employees compensation initiative in the amount of

2 $17,000,000.

3 SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.

4 Funds are hereby authorized to be appropriated to

5 the Department of Energy for fiscal year 2001 for pay6 ment to the Nuclear Waste Fund established in section

7 302(c) of the Nuclear Waste Policy Act of 1982 (42

8 U.S.C. 10222(c)) in the amount of $112,000,000.

9 Subtitle B—Recurring General

10 Provisions

11 SEC. 3121. REPROGRAMMING.

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

13 submits to the congressional defense committees the re14 port referred to in subsection (b) and a period of 30 days

15 has elapsed after the date on which such committees re16 ceive the report, the Secretary may not use amounts ap17 propriated pursuant to this title for any program—

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

19 (A) 110 percent of the amount authorized

20 for that program by this title; or

21 (B) $ 1,000,000 more than the amount au22 thorized for that program by this title; or

23 (2) which has not been presented to, or re24 quested of, Congress.
24

S 2552

1 (b) REPORT.—(1) The report referred to in sub2 section (a) is a report containing a full and complete state3 ment of the action proposed to be taken and the facts and

4 circumstances relied upon in support of the proposed ac5 tion.

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

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

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

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

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

11 amount of funds obligated pursuant to this title exceed

12 the total amount authorized to be appropriated by this

13 title.

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

15 be used for an item for which Congress has specifically

16 denied funds.

17 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

19 carry out any construction project under the general plant

20 projects authorized by this title if the total estimated cost

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

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

23 the construction of any general plant project authorized

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

25 because of unforeseen cost variations and the revised cost
25

S 2552

1 of the project exceeds $5,000,000, the Secretary shall im2 mediately furnish a report to the congressional defense

3 committees explaining the reasons for the cost variation.

4 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

5 (a) IN GENERAL.—(1) Except as provided in para6 graph (2), construction on a construction project may not

7 be started or additional obligations incurred in connection

8 with the project above the total estimated cost, whenever

9 the current estimated cost of the construction project, au10 thorized by 3101, 3102, or 3103, or which is in support

11 of national security programs of the Department of En12 ergy and was authorized by any previous Act, exceeds by

13 more than 25 percent the higher of—

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

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

16 the project as shown in the most recent budget jus17 tification data submitted to Congress.

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

19 taken if—

20 (A) the Secretary of Energy has submitted to

21 the congressional defense committees a report on the

22 actions and the circumstances making such action

23 necessary; and
26

S 2552

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

2 date on which the report is received by the commit3 tees.

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

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

6 House of Congress is not in session because of an adjourn7 ment of more than 3 days to a day certain.

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

9 construction project with a current estimated cost of less

10 than $5,000,000.

11 SEC. 3124. FUND TRANSFER AUTHORITY.

12 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

13 The Secretary of Energy may transfer funds authorized

14 to be appropriated to the Department of Energy pursuant

15 to this title to other Federal agencies for the performance

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

17 transferred may be merged with and be available for the

18 same purposes and for the same time period as the author19 izations of the Federal agency to which the amounts are

20 transferred.

21 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

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

23 transfer funds authorized to be appropriated to the De24 partment of Energy pursuant to this title between any

25 such authorizations. Amounts of authorizations so trans-
27

S 2552

1 ferred may be merged with and be available for the same

2 purposes and for the same period as the authorization to

3 which the amounts are transferred.

4 (2) Not more than 5 percent of any such authoriza5 tion may be transferred between authorizations under

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

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

8 such paragraph.

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

10 subsection to transfer authorizations—

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

12 relating to activities necessary for national security

13 programs that have a higher priority than the items

14 from which the funds are transferred; and

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

16 item for which Congress has specifically denied

17 funds.

18 (d) NOTICE TO CONGRESS.—The Secretary of En19 ergy shall promptly notify the Committees on Armed Serv20 ices of the Senate and House of Representatives of any

21 transfer of funds to or from authorizations under this

22 title.
28

S 2552

1 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC2 TION DESIGN.

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

4 Subject to paragraph (2) and except as provided in para5 graph (3), before submitting to Congress a request for

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

7 national security program of the Department of Energy,

8 the Secretary of Energy shall complete a conceptual de9 sign for that project.

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

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

12 Secretary shall submit to Congress a request for funds for

13 the conceptual design before submitting a request for

14 funds for the construction project.

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

16 to a request for funds—

17 (A) for a construction project the total esti18 mated cost of which is less than $5,000,000; or

19 (B) for emergency planning, design, and con20 struction activities under section 3126.

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

22 Within the amounts authorized by this title, the Secretary

23 of Energy may carry out construction design (including

24 architectural and engineering services) in connection with

25 any proposed construction project if the total estimated

26 cost for such design does not exceed $600,000.
29

S 2552

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

2 in connection with any construction project exceeds

3 $600,000, funds for that design must be specifically au4 thorized by law.

5 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE6 SIGN, AND CONSTRUCTION ACTIVITIES.

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

8 any funds available to the Department of Energy pursuant

9 to an authorization in this title, including funds authorized

10 to be appropriated for advance planning and construction

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

12 planning, design, and construction activities for any De13 partment of Energy national security program construc14 tion project that, as determined by the Secretary, must

15 proceed expeditiously in order to protect public health and

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

17 property.

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

19 the authority under subsection (a) in the case of any con20 struction project until the Secretary has submitted to the

21 congressional defense committees a report on the activities

22 that the Secretary intends to carry out under this section

23 and the circumstances making those activities necessary.

24 (c) SPECIFIC AUTHORITY.—The requirement of sec25 tion 3125(b)(2) does not apply to emergency planning, de-
30

S 2552

1 sign, and construction activities conducted under this sec2 tion.

3 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU4 RITY PROGRAMS OF THE DEPARTMENT OF

5 ENERGY.

6 Subject to the provisions of appropriation Acts and

7 section 3121, amounts appropriated pursuant to this title

8 for management and support activities and for general

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

10 connection with all national security programs of the De11 partment of Energy.

12 SEC. 3128. AVAILABILITY OF FUNDS.

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

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

15 appropriated for operation and maintenance or for plant

16 projects may remain available until expended.

17 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

18 Amounts appropriated for program direction pursuant to

19 an authorization of appropriations in subtitle A shall re20 main available to be expended only until the end of fiscal

21 year 2003.

22 SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN23 AGEMENT FUNDS.

24 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON25 MENTAL MANAGEMENT FUNDS.—The Secretary of En-
31

S 2552

1 ergy shall provide the manager of each field office of the

2 Department of Energy with the authority to transfer de3 fense environmental management funds from a program

4 or project under the jurisdiction of the office to another

5 such program or project.

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

7 made to or from any program or project under subsection

8 (a) in a fiscal year.

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

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

11 in a fiscal year.

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

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

14 determines that the transfer is necessary to address a risk

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

16 efficient use of defense environmental management funds

17 at the field office.

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

19 may not be used for an item for which Congress has spe20 cifically denied funds or for a new program or project that

21 has not been authorized by Congress.

22 (c) EXEMPTION FROM REPROGRAMMING REQUIRE23 MENTS.—The requirements of section 3121 shall not

24 apply to transfers of funds pursuant to subsection (a).
32

S 2552

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

2 the Assistant Secretary of Energy for Environmental

3 Management, shall notify Congress of any transfer of

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

5 after such transfer occurs.

6 (e) DEFINITIONS.—In this section:

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

8 respect to a field office of the Department of En9 ergy, any of the following:

10 (A) A program referred to or a project list11 ed in paragraphs (2) through (5) of section

12 3102(a).

13 (B) A program or project not described in

14 subparagraph (A) that is for environmental res15 toration or waste management activities nec16 essary for national security programs of the De17 partment, that is being carried out by the of18 fice, and for which defense environmental man19 agement funds have been authorized and appro20 priated before the date of the enactment of this

21 Act.

22 (2) The term ‘‘defense environmental manage23 ment funds’’ means funds appropriated to the De24 partment of Energy pursuant to an authorization for

25 carrying out environmental restoration and waste
33

S 2552

1 management activities necessary for national secu2 rity programs.

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

4 field offices of the Department may exercise the authority

5 provided under subsection (a) during the period beginning

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

7 Subtitle C—National Nuclear

8 Security Administration

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

10 AS UNDER SECRETARY FOR NUCLEAR SECU11 RITY OF THE DEPARTMENT OF ENERGY.

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

13 Secretary for Nuclear Security of the Department of En14 ergy of the person first appointed to that position shall

15 be three years.

16 (b) EXCLUSIVE REASONS FOR REMOVAL.—The ex17 clusive reasons for removal from office as Under Secretary

18 for Nuclear Security of the person described in subsection

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

20 in office.

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

22 Secretary for Nuclear Security of the Department of En23 ergy referred to in this section is the position established

24 by subsection (c) of section 202 of the Department of En25 ergy Organization Act (42 U.S.C. 7132), as added by sec-
34

S 2552

1 tion 3202 of the National Nuclear Security Administration

2 Act (title XXXII of Public Law 106–65; 113 Stat. 954)).

3 SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NU4 CLEAR SECURITY ON THE JOINT NUCLEAR

5 WEAPONS COUNCIL.

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

7 States Code, is amended—

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

9 and inserting the following new paragraph (3):

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

11 of the Department of Energy.’’; and

12 (2) in subsection (b)(2), by striking ‘‘the rep13 resentative designated under subsection (a)(3)’’ and

14 inserting ‘‘the Under Secretary for Nuclear Security

15 of the Department of Energy’’.

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

17 National Nuclear Security Administration Act (title

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

19 amended by adding at the end the following new sub20 section:

21 ‘‘(e) MEMBERSHIP ON JOINT NUCLEAR WEAPONS

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

23 Joint Nuclear Weapons Council under section 179 of title

24 10, United States Code.’’.
35

S 2552

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:
36

S 2552

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—
37

S 2552

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.
38

S 2552

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.
39

S 2552

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.
40

S 2552

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.
41

S 2552

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.
42

S 2552

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(a)(1)(C) may be obligated or expended until 45 days

14 after the date on which the Under Secretary of Energy

15 for Nuclear Security submits to the congressional defense

16 committees 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.
43

S 2552

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.
44

S 2552

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.

21 SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECU22 RITY ADMINISTRATION OPERATIONS OFFICE

23 COMPLEX.

24 (a) AUTHORITY FOR DESIGN AND CONSTRUCTION.—

25 Subject to subsection (b), the Administrator of the Na-
45

S 2552

1 tional Nuclear Security Administration may provide for

2 the design and construction of a new operations office

3 complex for the National Nuclear Security Administration

4 in accordance with the feasibility study regarding such op5 erations office complex conducted under the National De6 fense Authorization Act for Fiscal Year 2000.

7 (b) LIMITATION.—The Administrator may not exer8 cise the authority in subsection (a) until the later of—

9 (1) 30 days after the date on which the plan re10 quired by section 3135(a) is submitted to the Com11 mittees on Armed Services of the Senate and House

12 of Representatives under that section; or

13 (2) the date on which the Administrator cer14 tifies to Congress that the design and construction

15 of the complex in accordance with the feasibility

16 study is consistent with the plan required by section

17 3135(a).

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.).
46

S 2552

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

2 costs associated with the construction of the operations

3 office complex authorized by subsection (a) shall be de4 rived from energy savings and ancillary operation and

5 maintenance savings that result from the replacement of

6 a current Department of Energy operations office complex

7 (as identified in the feasibility study referred to in sub8 section (a)) with the operations office complex authorized

9 by subsection (a).

10 Subtitle D—Program Authoriza11 tions, Restrictions, and Limita12 tions

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

14 LEGACY NUCLEAR MATERIALS.

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

16 continue operations and maintain a high state of readiness

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

18 River Site, Aiken, South Carolina, and shall provide tech19 nical staff necessary to operate and so maintain such fa20 cilities.

21 (b) LIMITATION ON USE OF FUNDS FOR DECOMMIS22 SIONING OF F-CANYON FACILITY.—No amounts author23 ized to be appropriated or otherwise made available for

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

25 may be obligated or expended for purposes of commencing
47

S 2552

1 the decommissioning of the F-canyon facility at the Savan2 nah River Site, including any studies and planning relat3 ing to such decommissioning, until the Secretary and the

4 Defense Nuclear Facilities Safety Board jointly submit to

5 the congressional defense committees a certification as fol6 lows:

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

8 of the date of the certification are safely stabilized.

9 (2) That requirements applicable to the facility

10 in order to meet the future needs of the United

11 States for fissile materials disposition can be met

12 fully utilizing the H-canyon facility at the Savannah

13 River Site.

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

15 SEPARATION ACTIVITIES.—Not later than February 15,

16 2001, the Secretary shall submit to the Committees on

17 Armed Services of the Senate and House of Representa18 tives a plan for the transfer of all long-term chemical sepa19 ration activities from the F-canyon facility to the H-can20 yon facility at the Savannah River Site commencing in fis21 cal year 2002.

22 SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION

23 PROGRAM.

24 (a) CONTINGENT LIMITATION ON AVAILABILITY OF

25 FUNDS FOR CERTAIN TRAVEL EXPENSES.—Subject to
48

S 2552

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

2 appropriated or otherwise made available for the Depart3 ment of Energy by this or any other Act may be obligated

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

5 employees of the Office of the Secretary of Energy.

6 (b) APPLICABILITY.—The prohibition in subsection

7 (a) shall take effect on March 1, 2001, unless the Sec8 retary of Energy makes a certification to the congressional

9 defense committees before that date that the Department

10 of Energy is in compliance with the requirements of sec11 tion 3131 of the National Defense Authorization Act for

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

13 U.S.C. 2701 note).

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

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

16 remain in effect until the date on which the Secretary

17 makes the certification described in subsection (b).

18 SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR

19 NONPROLIFERATION PROGRAMS.

20 (a) NUCLEAR MATERIALS PROTECTION, CONTROL,

21 AND ACCOUNTING PROGRAM.—(1) Not later than Janu22 ary 1, 2001, and each year thereafter, the Secretary of

23 Energy shall submit to the Committees on Armed Services

24 of the Senate and House of Representatives a report on

25 the status of efforts during the preceding fiscal year under
49

S 2552

1 the Nuclear Materials Protection, Control, and Accounting

2 Program of the Department of Energy to secure weapons3 usable nuclear materials in Russia that have been identi4 fied as being at risk for theft or diversion.

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

6 the following:

7 (A) The number of buildings, including building

8 locations, that received complete and integrated ma9 terials protection, control, and accounting systems

10 for nuclear materials described in paragraph (1)

11 during the year covered by such report.

12 (B) The amounts of highly enriched uranium

13 and plutonium in Russia that have been secured

14 under systems described in subparagraph (A) as of

15 the date of such report.

16 (C) The amount of nuclear materials described

17 in paragraph (1) that continues to require securing

18 under systems described in subparagraph (A) as of

19 the date of such report.

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

21 materials identified in subparagraph (C) under sys22 tems described in subparagraph (A), including an es23 timate of the cost of such actions.

24 (E) The amounts expended through the fiscal

25 year preceding the date of such report to secure nu-
50

S 2552

1 clear materials described in paragraph (1) under

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

3 total amount and by amount per fiscal year.

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

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

6 for purposes of the Nuclear Materials Protection, Control,

7 and Accounting Program may be obligated or expended

8 after September 30, 2000, for any project under the pro9 gram at a nuclear weapons complex in Russia until the

10 Secretary submits to the Committees on Armed Services

11 of the Senate and House of Representatives a report on

12 the access policy established with respect to such project,

13 including a certification that the access policy has been

14 implemented.

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

16 this paragraph shall—

17 (i) permit appropriate determinations by United

18 States officials regarding security requirements, in19 cluding security upgrades, for the project; and

20 (ii) ensure verification by United States officials

21 that Department of Energy assistance at the project

22 is being used for the purposes intended.

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

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

25 be appropriated or otherwise made available for the De-
51

S 2552

1 partment of Energy for fiscal year 2001 for the Nuclear

2 Cities Initiative may be obligated or expended for purposes

3 of providing assistance under the Initiative until 30 days

4 after the date on which the Secretary of Energy submits

5 to the Committees on Armed Services of the Senate and

6 House of Representatives a copy of an agreement de7 scribed in subparagraph (C).

8 (B) Subparagraph (A) shall not apply with respect

9 to the obligation or expenditure of funds for purposes of

10 providing assistance under the Nuclear Cities Initiative to

11 the following:

12 (i) Not more than three nuclear cities in Rus13 sia.

14 (ii) Not more than two serial production facili15 ties in Russia.

16 (C) An agreement referred to in this subparagraph

17 is a written agreement between the United States Govern18 ment and the Government of the Russian Federation

19 which provides that Russia will close some of its facilities

20 engaged in nuclear weapons assembly and disassembly

21 work.

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

23 made available for the Department of Energy for fiscal

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

25 50 percent of such amounts may be obligated or expended
52

S 2552

1 for purposes of the Initiative until the Secretary of Energy

2 establishes and implements project review procedures for

3 projects under the Initiative.

4 (B) The project review procedures established under

5 subparagraph (A) shall ensure that any scientific, tech6 nical, or commercial project initiated under the Nuclear

7 Cities Initiative—

8 (i) shall not enhance the military or weapons of

9 mass destruction capabilities of Russia;

10 (ii) shall not result in the inadvertent transfer

11 or utilization of products or activities under such

12 project for military purposes;

13 (iii) shall be commercially viable; and

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

15 appropriate commercial, industrial, or other non16 profit entity as partner.

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

18 of Energy shall submit to the Committees on Armed Serv19 ices of the Senate and House of Representatives a report

20 on the project review procedures established and imple21 mented under this paragraph.

22 (3) In this subsection, the term ‘‘Nuclear Cities Ini23 tiative’’ means the initiative arising pursuant to the March

24 1998 discussion between the Vice President of the United

25 States and the Prime Minister of the Russian Federation
53

S 2552

1 and between the Secretary of Energy of the United States

2 and the Minister of Atomic Energy of the Russian Federa3 tion.

4 (c) INTERNATIONAL NUCLEAR SECURITY PRO5 GRAM.—Amounts authorized to be appropriated or other6 wise made available by this title for the Department of

7 Energy for fiscal year 2001 for the International Nuclear

8 Security Program in the former Soviet Union and Eastern

9 Europe shall be available only for purposes of reactor safe10 ty upgrades and training relating to nuclear operator and

11 reactor safety.

12 SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE

13 POLYGRAPH PROGRAM.

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

15 3154 of the Department of Energy Facilities Safeguards,

16 Security, and Counterintelligence Enhancement Act of

17 1999 (subtitle D of title XXXI of Public Law 106–65;

18 113 Stat. 941; 42 U.S.C. 7383h) is amended to read as

19 follows:

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

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

22 of the following:

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

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

25 the Department.
54

S 2552

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

2 the Department.

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

4 Department.

5 ‘‘(E) An applicant for a position in the Depart6 ment.

7 ‘‘(2) A person described in paragraph (1) is a covered

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

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

10 paragraph is a position in one of the categories of posi11 tions listed in section 709.4 of title 10, Code of Federal

12 Regulations.’’.

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

14 section is amended to read as follows:

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

16 section, high-risk programs are the following:

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

18 Programs and Personnel Security and Assurance

19 Programs.

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

21 specified in section 709.4 of title 10, Code of Fed22 eral Regulations.’’.

23 (c) AUTHORITY TO WAIVE EXAMINATION REQUIRE24 MENT.—Subsection (d) of that section is amended—
55

S 2552

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

2 and

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

4 paragraphs:

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

6 after consultation with appropriate security personnel,

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

8 person—

9 ‘‘(A) if—

10 ‘‘(i) the Secretary determines that the

11 waiver is important to the national security in12 terests of the United States;

13 ‘‘(ii) the covered person has an active secu14 rity clearance; and

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

16 signed writing that the capacity of the covered

17 person to perform duties under a high-risk pro18 gram after the expiration of the waiver is condi19 tional upon meeting the requirements of para20 graph (1) within the effective period of the

21 waiver;

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

23 Secretary that the covered person has completed

24 successfully a full-scope or counterintelligence-scope
56

S 2552

1 polygraph examination during the 5-year period end2 ing on the date of the certification; or

3 ‘‘(C) if the Secretary determines, after consulta4 tion with the covered person and appropriate med5 ical personnel, that the treatment of a medical or

6 psychological condition of the covered person should

7 preclude the administration of the examination.

8 ‘‘(3)(A) The Secretary may not commence the exer9 cise of the authority under paragraph (2) to waive the ap10 plicability of paragraph (1) to any covered persons until

11 15 days after the date on which the Secretary submits

12 to the appropriate committees of Congress a report setting

13 forth the criteria to be utilized by the Secretary for deter14 mining when a waiver under paragraph (2)(A) is impor15 tant to the national security interests of the United States.

16 The criteria shall include an assessment of counterintel17 ligence risks and programmatic impacts.

18 ‘‘(B) Any waiver under paragraph (2)(A) shall be ef19 fective for not more than 120 days.

20 ‘‘(C) Any waiver under paragraph (2)(C) shall be ef21 fective for the duration of the treatment on which such

22 waiver is based.

23 ‘‘(4) The Secretary shall submit to the appropriate

24 committees of Congress on a semi-annual basis a report

25 on any determinations made under paragraph (2)(A) dur-
57

S 2552

1 ing the 6-month period ending on the date of such report.

2 The report shall include a national security justification

3 for each waiver resulting from such determinations.

4 ‘‘(5) In this subsection, the term ‘appropriate com5 mittees of Congress’ means the following:

6 ‘‘(A) The Committee on Armed Services and

7 the Select Committee on Intelligence of the Senate.

8 ‘‘(B) The Committee on Armed Services and

9 the Permanent Select Committee on Intelligence of

10 the House of Representatives.

11 ‘‘(6) It is the sense of Congress that the waiver au12 thority in paragraph (2) not be used by the Secretary to

13 exempt from the applicability of paragraph (1) any cov14 ered persons in the highest risk categories, such as per15 sons who have access to the most sensitive weapons design

16 information and other highly sensitive programs, including

17 special access programs.

18 ‘‘(7) The authority under paragraph (2) to waive the

19 applicability of paragraph (1) to a covered person shall

20 expire on September 30, 2002.’’.

21 (d) SCOPE OF COUNTERINTELLIGENCE POLYGRAPH

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

23 amended—

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

25 and
58

S 2552

1 (2) by inserting ‘‘deliberate damage to or mali2 cious misuse of a United States Government infor3 mation or defense system,’’ before ‘‘and’’.

4 SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT

5 CLOSURE PROJECT FACILITIES.

6 (a) AUTHORITY TO PROVIDE INCENTIVES.—Not7 withstanding any other provision of law, the Secretary of

8 Energy may provide to any eligible employee of the De9 partment of Energy one or more of the incentives de10 scribed in subsection (d).

11 (b) ELIGIBLE EMPLOYEES.—An individual is an eli12 gible employee of the Department of Energy for purposes

13 of this section if the individual—

14 (1) has worked continuously at a closure facility

15 for at least two years;

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

17 section 2105(a) of title 5, United States Code);

18 (3) has a fully satisfactory or equivalent per19 formance rating during the most recent performance

20 period and is not subject to an adverse notice re21 garding conduct; and

22 (4) meets any other requirement or condition

23 under subsection (d) for the incentive which is pro24 vided the employee under this section.
59

S 2552

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

2 this section, the term ‘‘closure facility’’ means a Depart3 ment of Energy facility at which the Secretary is carrying

4 out a closure project selected under section 3143 of the

5 National Defense Authorization Act for Fiscal Year 1997

6 (42 U.S.C. 7274n).

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

8 may provide under this section are the following:

9 (1) The right to accumulate annual leave pro10 vided by section 6303 of title 5, United States Code,

11 for use in succeeding years until it totals not more

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

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

14 full biweekly pay period, or corresponding period for

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

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

17 (A) any annual leave that remains unused

18 when an employee transfers to a position in a

19 department or agency of the Federal Govern20 ment shall be liquidated upon the transfer by

21 payment to the employee of a lump sum for

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

23 hours based on a standard work week; and

24 (B) upon separation from service, annual

25 leave accumulated under this paragraph shall
60

S 2552

1 be treated as any other accumulated annual

2 leave is treated.

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

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

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

6 Code, if the employee meets the requirements of sec7 tion 5754(a) of that title, except that the retention

8 allowance may exceed 25 percent, but may not be

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

10 basic pay.

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

12 United States Code.

13 (4) The right to receive a voluntary separation

14 incentive payment in the amount equal to the

15 amount the employee would be entitled to receive

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

17 subject to the terms, conditions, and procedures set

18 forth in section 663 of the Treasury, Postal Service,

19 and General Government Appropriations Act, 1997

20 (5 U.S.C. 5597 note), except that the date in section

21 663(c)(2)(D) of that Act does not apply.

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

23 Department of Energy provided an incentive under this

24 section shall enter into an agreement with the Secretary

25 to remain employed at the closure facility at which the
61

S 2552

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

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

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

4 shall not be treated as terminating the employment of the

5 employee at a closure facility for purposes of an agreement

6 under paragraph (1).

7 (f) VIOLATION OF AGREEMENT.—(1) Except as pro8 vided under paragraph (3), an eligible employee of the De9 partment of Energy who violates an agreement under sub10 section (e), or is dismissed for cause, shall forfeit eligibility

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

12 violation or dismissal, as the case may be.

13 (2) Except as provided under paragraph (3), an eligi14 ble employee of the Department of Energy who is paid

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

16 voluntary separation incentive payment under subsection

17 (d)(4), or both, and who violates an agreement under sub18 section (e), or is dismissed for cause, before the end of

19 the period or date of employment agreed upon under such

20 agreement shall refund to the United States an amount

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

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

23 such employment bears to the total period of employment

24 agreed upon under such agreement.
62

S 2552

1 (3) The Secretary may waive the applicability of

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

3 such paragraph if the Secretary determines that there is

4 good and sufficient reason for the waiver.

5 (g) REPORT.—The Secretary shall include in each re6 port on a closure project under section 3143(h) of the Na7 tional Defense Authorization Act for Fiscal Year 1997 a

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

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

10 report.

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

12 provide incentives under this section shall expire on Sep13 tember 23, 2011.

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

15 States Code, is amended to read as follows:

16 ‘‘§ 3341. Details: within and among Executive agen17 cies; to non-Federal employers

18 ‘‘(a) The head of an Executive agency may detail em19 ployees among the components of the agency, except em20 ployees who are required by law to be engaged exclusively

21 in some specific work.

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

23 duties in the Executive agency or another Executive agen24 cy or to a non-Federal employer, on a nonreimbursable

25 basis, an employee who has been identified by the Execu-
63

S 2552

1 tive agency as being, or likely to become, a surplus em2 ployee or displaced employee.

3 ‘‘(c) For purposes of this section:

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

5 meaning given that term by section 105, but does

6 not include a Government corporation or the General

7 Accounting Office.

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

9 employee who has been given specific notice that the

10 employee is to be separated due to a reduction in

11 force.

12 ‘‘(3) The term ‘surplus employee’ means an em13 ployee who has been identified by the employing

14 agency as likely to be separated due to a reduction

15 in force.

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

17 an employer other than an Executive agency or any

18 agency in the legislative or judicial branch (including

19 Congress or any United States court).’’.

20 (2) The table of sections at the beginning of chapter

21 33 of such title is amended by striking the item relating

22 to section 3341 and inserting the following new item:

‘‘3341. Details: within and among Executive agencies; to non-Federal employers.’’.
64

S 2552

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

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

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

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

5 for continued coverage under this section is a voluntary

6 or involuntary separation from the Department of Energy

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

8 National Defense Authorization Act for Fiscal Year 1997

9 (42 U.S.C. 7274n)—

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

11 than the employee contributions referred to in para12 graph (1)(A)(i); and

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

14 remaining portion of the amount required is under

15 paragraph (1)(A).’’.

16 SEC. 3156. CONCEPTUAL DESIGN FOR SUBSURFACE GEO17 SCIENCES LABORATORY AT IDAHO NATIONAL

18 ENGINEERING AND ENVIRONMENTAL LAB19 ORATORY, IDAHO FALLS, IDAHO.

20 (a) AUTHORIZATION.—Of the amounts authorized to

21 be appropriated by paragraphs (2) and (3) of section

22 3102(a), not more than $400,000 shall be available to the

23 Secretary of Energy for purposes of carrying out a concep24 tual design for a Subsurface Geosciences Laboratory at
65

S 2552

1 Idaho National Engineering and Environmental Labora2 tory, Idaho Falls, Idaho.

3 (b) LIMITATION.—None of the funds authorized to

4 be appropriated by subsection (a) may be obligated until

5 60 days after the Secretary submits the report required

6 by subsection (c).

7 (c) REPORT.—The Secretary of Energy shall submit

8 to the congressional defense committees a report on the

9 proposed Subsurface Geosciences Laboratory, including

10 the following:

11 (1) The need to conduct mesoscale experiments

12 to meet long-term clean-up requirements at Depart13 ment of Energy sites.

14 (2) The possibility of utilizing or modifying an

15 existing structure or facility to house a new

16 mesoscale experimental capability.

17 (3) The estimated construction cost of the facil18 ity.

19 (4) The estimated annual operating cost of the

20 facility.

21 (5) How the facility will utilize, integrate, and

22 support the technical expertise, capabilities, and re23 quirements at other Department of Energy and non24 Department of Energy facilities.
66

S 2552

1 (6) An analysis of costs, savings, and benefits

2 which are unique to the Idaho National Engineering

3 and Environmental Laboratory.

4 SEC. 3157. TANK WASTE REMEDIATION SYSTEM, HANFORD

5 RESERVATION, RICHLAND, WASHINGTON.

6 (a) FUNDS AVAILABLE.—Of the amount authorized

7 to be appropriated by section 3102, $150,000,000 shall

8 be available to carry out an accelerated cleanup and waste

9 management program at the Department of Energy Han10 ford Site in Richland, Washington.

11 (b) REPORT.—Not later than December 15, 2000,

12 the Secretary of Energy shall submit to Congress a report

13 on the Tank Waste Remediation System Project at the

14 Hanford Site. The report shall include the following:

15 (1) A proposed plan for processing and stabi16 lizing all nuclear waste located in the Hanford Tank

17 Farm.

18 (2) A proposed schedule for carrying out the

19 plan.

20 (3) The total estimated cost of carrying out the

21 plan.

22 (4) A description of any alternative options to

23 the proposed plan and a description of the costs and

24 benefits of each such option.
67

S 2552

1 SEC. 3158. REPORT ON NATIONAL IGNITION FACILITY, LAW2 RENCE LIVERMORE NATIONAL LABORATORY,

3 LIVERMORE, CALIFORNIA.

4 (a) NEW BASELINE.—(1) Not more than 50 percent

5 of the funds available for the national ignition facility

6 (Project 96–D–111) may be obligated or expended until

7 the Secretary of Energy submits to the Committees on

8 Armed Services of the Senate and House of Representa9 tives a report setting forth a new baseline plan for the

10 completion of the national ignition facility.

11 (2) The report shall include a detailed, year-by-year

12 breakdown of the funding required for completion of the

13 facility, as well as projected dates for the completion of

14 program milestones, including the date on which the first

15 laser beams are expected to become operational.

16 (b) COMPTROLLER GENERAL REVIEW OF NIF PRO17 GRAM.—(1) The Comptroller General shall conduct a thor18 ough review of the national ignition facility program.

19 (2) Not later than March 31, 2001, the Comptroller

20 General shall submit to the Committees on Armed Serv21 ices of the Senate and House of Representatives a report

22 on the review conducted under paragraph (1). The report

23 shall include—

24 (A) an analysis of—
68

S 2552

1 (i) the relationship of the national ignition

2 facility program to other key components of the

3 Stockpile Stewardship Program; and

4 (ii) the potential impact of delays in the

5 national ignition facility program, and of a fail6 ure to complete key program objectives of the

7 program, on the other key components of the

8 Stockpile Stewardship Program, such as the

9 Advanced Strategic Computing Initiative Pro10 gram;

11 (B) a detailed description and analysis of the

12 funds spent as of the date of the report on the na13 tional ignition facility program; and

14 (C) an assessment whether Lawrence Livermore

15 National Laboratory has established a new baseline

16 plan for the national ignition facility program with

17 clear goals and achievable milestones for that pro18 gram.

19 Subtitle E—National Laboratories

20 Partnership Improvement Act

21 SEC. 3161. SHORT TITLE.

22 This subtitle may be cited as the ‘‘National Labora23 tories Partnership Improvement Act of 2000’’.

24 SEC. 3162. DEFINITIONS.

25 For purposes of this subtitle—
69

S 2552

1 (1) the term ‘‘Department’’ means the Depart2 ment of Energy;

3 (2) the term ‘‘departmental mission’’ means

4 any of the functions vested in the Secretary of En5 ergy by the Department of Energy Organization Act

6 (42 U.S.C. 7101 et seq.) or other law;

7 (3) the term ‘‘institution of higher education’’

8 has the meaning given such term in section 1201(a)

9 of the Higher Education Act of 1965 (20 U.S.C.

10 1141(a));

11 (4) the term ‘‘National Laboratory’’ means any

12 of the following institutions owned by the Depart13 ment of Energy—

14 (A) Argonne National Laboratory;

15 (B) Brookhaven National Laboratory;

16 (C) Idaho National Engineering and Envi17 ronmental Laboratory;

18 (D) Lawrence Berkeley National Labora19 tory;

20 (E) Lawrence Livermore National Labora21 tory;

22 (F) Los Alamos National Laboratory;

23 (G) National Renewable Energy Labora24 tory;

25 (H) Oak Ridge National Laboratory;
70

S 2552

1 (I) Pacific Northwest National Laboratory;

2 or

3 (J) Sandia National Laboratory;

4 (5) the term ‘‘facility’’ means any of the fol5 lowing institutions owned by the Department of

6 Energy—

7 (A) Ames Laboratory;

8 (B) East Tennessee Technology Park;

9 (C) Environmental Measurement Labora10 tory;

11 (D) Fermi National Accelerator Labora12 tory;

13 (E) Kansas City Plant;

14 (F) National Energy Technology Labora15 tory;

16 (G) Nevada Test Site;

17 (H) Princeton Plasma Physics Laboratory;

18 (I) Savannah River Technology Center;

19 (J) Stanford Linear Accelerator Center;

20 (K) Thomas Jefferson National Accel21 erator Facility;

22 (L) Waste Isolation Pilot Plant;

23 (M) Y–12 facility at Oak Ridge National

24 Laboratory; or
71

S 2552

1 (N) other similar organization of the De2 partment designated by the Secretary that en3 gages in technology transfer, partnering, or li4 censing activities;

5 (6) the term ‘‘nonprofit institution’’ has the

6 meaning given such term in section 4 of the Steven7 son-Wydler Technology Innovation Act of 1980 (15

8 U.S.C. 3703(5));

9 (7) the term ‘‘Secretary’’ means the Secretary

10 of Energy;

11 (8) the term ‘‘small business concern’’ has the

12 meaning given such term in section 3 of the Small

13 Business Act (15 U.S.C. 632);

14 (9) the term ‘‘technology-related business con15 cern’’ means a for-profit corporation, company, asso16 ciation, firm, partnership, or small business concern

17 that—

18 (A) conducts scientific or engineering re19 search,

20 (B) develops new technologies,

21 (C) manufactures products based on new

22 technologies, or

23 (D) performs technological services;

24 (10) the term ‘‘technology cluster’’ means a

25 concentration of—
72

S 2552

1 (A) technology-related business concerns;

2 (B) institutions of higher education; or

3 (C) other nonprofit institutions;

4 that reinforce each other’s performance through for5 mal or informal relationships;

6 (11) the term ‘‘socially and economically dis7 advantaged small business concerns’’ has the mean8 ing given such term in section 8(a)(4) of the Small

9 Business Act (15 U.S.C. 637(a)(4)); and

10 (12) the term ‘‘NNSA’’ means the National

11 Nuclear Security Administration established by title

12 XXXII of the National Defense Authorization Act

13 for Fiscal Year 2000 (Public Law 106–65).

14 SEC. 3163. TECHNOLOGY INFRASTRUCTURE PILOT PRO15 GRAM.

16 (a) ESTABLISHMENT.—The Secretary, through the

17 appropriate officials of the Department, shall establish a

18 Technology Infrastructure Pilot Program in accordance

19 with this section.

20 (b) PURPOSE.—The purpose of the program shall be

21 to improve the ability of National Laboratories or facilities

22 to support departmental missions by—

23 (1) stimulating the development of technology

24 clusters that can support the missions of the Na25 tional Laboratories or facilities;
73

S 2552

1 (2) improving the ability of National Labora2 tories or facilities to leverage and benefit from com3 mercial research, technology, products, processes,

4 and services; and

5 (3) encouraging the exchange of scientific and

6 technological expertise between National Labora7 tories or facilities and—

8 (A) institutions of higher education,

9 (B) technology-related business concerns,

10 (C) nonprofit institutions, and

11 (D) agencies of State, tribal, or local gov12 ernments;

13 that can support the missions of the National Lab14 oratories and facilities.

15 (c) PILOT PROGRAM.—In each of the first three fiscal

16 years after the date of enactment of this section, the Sec17 retary may provide no more than $10,000,000, divided

18 equally, among no more than 10 National Laboratories

19 or facilities selected by the Secretary to conduct Tech20 nology Infrastructure Program Pilot Programs.

21 (d) PROJECTS.—The Secretary shall authorize the

22 Director of each National Laboratory or facility des23 ignated under subsection (c) to implement the Technology

24 Infrastructure Pilot Program at such National Laboratory
74

S 2552

1 or facility through projects that meet the requirements of

2 subsections (e) and (f).

3 (e) PROGRAM REQUIREMENTS.—Each project funded

4 under this section shall meet the following requirements:

5 (1) MINIMUM PARTICIPANTS.—Each project

6 shall at a minimum include—

7 (A) a National Laboratory or facility; and

8 (B) one of the following entities—

9 (i) a business,

10 (ii) an institution of higher education,

11 (iii) a nonprofit institution, or

12 (iv) an agency of a State, local, or

13 tribal government.

14 (2) COST SHARING.—

15 (A) MINIMUM AMOUNT.—Not less than 50

16 percent of the costs of each project funded

17 under this section shall be provided from non18 Federal sources.

19 (B) QUALIFIED FUNDING AND RE20 SOURCES.—(i) The calculation of costs paid by

21 the non-Federal sources to a project shall in22 clude cash, personnel, services, equipment, and

23 other resources expended on the project.

24 (ii) Independent research and development

25 expenses of Government contractors that qual-
75

S 2552

1 ify for reimbursement under section 31–205–

2 18(e) of the Federal Acquisition Regulations

3 issued pursuant to section 25(c)(1) of the Of4 fice of Federal Procurement Policy Act (41

5 U.S.C. 421(c)(1)) may be credited towards

6 costs paid by non-Federal sources to a project,

7 if the expenses meet the other requirements of

8 this section.

9 (iii) No funds or other resources expended

10 either before the start of a project under this

11 section or outside the project’s scope of work

12 shall be credited toward the costs paid by the

13 non-Federal sources to the project.

14 (3) COMPETITIVE SELECTION.—All projects

15 where a party other than the Department or a Na16 tional Laboratory or facility receives funding under

17 this section shall, to the extent practicable, be com18 petitively selected by the National Laboratory or fa19 cility using procedures determined to be appropriate

20 by the Secretary or his designee.

21 (4) ACCOUNTING STANDARDS.—Any participant

22 receiving funding under this section, other than a

23 National Laboratory or facility, may use generally

24 accepted accounting principles for maintaining ac25 counts, books, and records relating to the project.
76

S 2552

1 (5) LIMITATIONS.—No Federal funds shall be

2 made available under this section for—

3 (A) construction; or

4 (B) any project for more than five years.

5 (f) SELECTION CRITERIA.—

6 (1) THRESHOLD FUNDING CRITERIA.—The Sec7 retary shall authorize the provision of Federal funds

8 for projects under this section only when the Direc9 tor of the National Laboratory or facility managing

10 such a project determines that the project is likely

11 to improve the participating National Laboratory or

12 facility’s ability to achieve technical success in meet13 ing departmental missions.

14 (2) ADDITIONAL CRITERIA.—The Secretary

15 shall also require the Director of the National Lab16 oratory or facility managing a project under this sec17 tion to consider the following criteria in selecting a

18 project to receive Federal funds—

19 (A) the potential of the project to succeed,

20 based on its technical merit, team members,

21 management approach, resources, and project

22 plan;

23 (B) the potential of the project to promote

24 the development of a commercially sustainable

25 technology cluster, one that will derive most of
77

S 2552

1 the demand for its products or services from

2 the private sector, that can support the mis3 sions of the participating National Laboratory

4 or facility;

5 (C) the potential of the project to promote

6 the use of commercial research, technology,

7 products, processes, and services by the partici8 pating National Laboratory or facility to

9 achieve its departmental mission or the com10 mercial development of technological innova11 tions made at the participating National Lab12 oratory or facility;

13 (D) the commitment shown by non-Federal

14 organizations to the project, based primarily on

15 the nature and amount of the financial and

16 other resources they will risk on the project;

17 (E) the extent to which the project involves

18 a wide variety and number of institutions of

19 higher education, nonprofit institutions, and

20 technology-related business concerns that can

21 support the missions of the participating Na22 tional Laboratory or facility and that will make

23 substantive contributions to achieving the goals

24 of the project;
78

S 2552

1 (F) the extent of participation in the

2 project by agencies of State, tribal, or local gov3 ernments that will make substantive contribu4 tions to achieving the goals of the project; and

5 (G) the extent to which the project focuses

6 on promoting the development of technology-re7 lated business concerns that are small business

8 concerns or involves such small business con9 cerns substantively in the project.

10 (3) SAVINGS CLAUSE.—Nothing in this sub11 section shall limit the Secretary from requiring the

12 consideration of other criteria, as appropriate, in de13 termining whether projects should be funded under

14 this section.

15 (g) REPORT TO CONGRESS ON FULL IMPLEMENTA16 TION.—Not later than 120 days after the start of the third

17 fiscal year after the date of enactment of this section, the

18 Secretary shall report to Congress on whether the Tech19 nology Infrastructure Program should be continued be20 yond the pilot stage, and, if so, how the fully implemented

21 program should be managed. This report shall take into

22 consideration the results of the pilot program to date and

23 the views of the relevant Directors of the National labora24 tories and facilities. The report shall include any proposals
79

S 2552

1 for legislation considered necessary by the Secretary to

2 fully implement the program.

3 SEC. 3164. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

4 (a) ADVOCACY FUNCTION.—The Secretary shall di5 rect the Director of each National Laboratory, and may

6 direct the Director of each facility the Secretary deter7 mines to be appropriate, to establish a small business ad8 vocacy function that is organizationally independent of the

9 procurement function at the National Laboratory or facil10 ity. The person or office vested with the small business

11 advocacy function shall—

12 (1) work to increase the participation of small

13 business concerns, including socially and economi14 cally disadvantaged small business concerns, in pro15 curements, collaborative research, technology licens16 ing, and technology transfer activities conducted by

17 the National Laboratory or facility;

18 (2) report to the Director of the National Lab19 oratory or facility on the actual participation of

20 small business concerns in procurements and col21 laborative research along with recommendations, if

22 appropriate, on how to improve participation;

23 (3) make available to small business concerns

24 training, mentoring, and clear, up-to-date informa25 tion on how to participate in the procurements and
80

S 2552

1 collaborative research, including how to submit effec2 tive proposals;

3 (4) increase the awareness inside the National

4 Laboratory or facility of the capabilities and oppor5 tunities presented by small business concerns; and

6 (5) establish guidelines for the program under

7 subsection (b) and report on the effectiveness of

8 such program to the Director of the National Lab9 oratory or facility.

10 (b) ESTABLISHMENT OF SMALL BUSINESS ASSIST11 ANCE PROGRAM.—The Secretary shall direct the Director

12 of each National Laboratory, and may direct the Director

13 of each facility the Secretary determines to be appropriate,

14 to establish a program to provide small business

15 concerns—

16 (1) assistance directed at making them more ef17 fective and efficient subcontractors or suppliers to

18 the National Laboratory or facility; or

19 (2) general technical assistance, the cost of

20 which shall not exceed $10,000 per instance of as21 sistance, to improve the small business concern’s

22 products or services.

23 (c) USE OF FUNDS.—None of the funds expended

24 under subsection (b) may be used for direct grants to the

25 small business concerns.
81

S 2552

1 SEC. 3165. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

2 (a) APPOINTMENT OF OMBUDSMAN.—The Secretary

3 shall direct the Director of each National Laboratory, and

4 may direct the Director of each facility the Secretary de5 termines to be appropriate, to appoint a technology part6 nership ombudsman to hear and help resolve complaints

7 from outside organizations regarding each laboratory’s

8 policies and actions with respect to technology partner9 ships (including cooperative research and development

10 agreements), patents, and technology licensing. Each om11 budsman shall—

12 (1) be a senior official of the National Labora13 tory or facility who is not involved in day-to-day

14 technology partnerships, patents, or technology li15 censing, or, if appointed from outside the laboratory,

16 function as such a senior official; and

17 (2) have direct access to the Director of the

18 National Laboratory or facility.

19 (b) DUTIES.—Each ombudsman shall—

20 (1) serve as the focal point for assisting the

21 public and industry in resolving complaints and dis22 putes with the laboratory regarding technology part23 nerships, patents, and technology licensing;

24 (2) promote the use of collaborative alternative

25 dispute resolution techniques such as mediation to
82

S 2552

1 facilitate the speedy and low-cost resolution of com2 plaints and disputes, when appropriate; and

3 (3) report, through the Director of the National

4 Laboratory or facility, to the Department annually

5 on the number and nature of complaints and dis6 putes raised, along with the ombudsman’s assess7 ment of their resolution, consistent with the protec8 tion of confidential and sensitive information.

9 (c) DUAL APPOINTMENT.—A person vested with the

10 small business advocacy function of section 3164 may also

11 serve as the technology partnership ombudsman.

12 SEC. 3166. STUDIES RELATED TO IMPROVING MISSION EF13 FECTIVENESS, PARTNERSHIPS, AND TECH14 NOLOGY TRANSFER AT NATIONAL LABORA15 TORIES.

16 (a) STUDIES.—The Secretary shall direct the Lab17 oratory Operations Board to study and report to him, not

18 later than one year after the date of enactment of this

19 section, on the following topics—

20 (1) the possible benefits from and need for poli21 cies and procedures to facilitate the transfer of sci22 entific, technical, and professional personnel among

23 National Laboratories and facilities; and

24 (2) the possible benefits from and need for

25 changes in—
83

S 2552

1 (A) the indemnification requirements for

2 patents or other intellectual property licensed

3 from a National Laboratory or facility;

4 (B) the royalty and fee schedules and

5 types of compensation that may be used for

6 patents or other intellectual property licensed to

7 a small business concern from a National Lab8 oratory or facility;

9 (C) the licensing procedures and require10 ments for patents and other intellectual prop11 erty;

12 (D) the rights given to a small business

13 concern that has licensed a patent or other in14 tellectual property from a National Laboratory

15 or facility to bring suit against third parties in16 fringing such intellectual property;

17 (E) the advance funding requirements for

18 a small business concern funding a project at a

19 National Laboratory or facility through a

20 Funds-In-Agreement;

21 (F) the intellectual property rights allo22 cated to a business when it is funding a project

23 at a National Laboratory or facility through a

24 Funds-In-Agreement; and
84

S 2552

1 (G) policies on royalty payments to inven2 tors employed by a contractor-operated Na3 tional Laboratory or facility, including those for

4 inventions made under a Funds-In-Agreement.

5 (b) DEFINITION.—For the purposes of this section,

6 the term ‘‘Funds-in-Agreement’’ means a contract be7 tween the Department and a non-Federal organization

8 where that organization pays the Department to provide

9 a service or material not otherwise available in the domes10 tic private sector.

11 (c) REPORT TO CONGRESS.—Not later than one

12 month after receiving the report under subsection (a), the

13 Secretary shall transmit the report, along with his rec14 ommendations for action and proposals for legislation to

15 implement the recommendations, to Congress.

16 SEC. 3167. OTHER TRANSACTIONS AUTHORITY.

17 (a) NEW AUTHORITY.—Section 646 of the Depart18 ment of Energy Organization Act (42 U.S.C. 7256) is

19 amended by adding at the end the following new sub20 section:

21 ‘‘(g) OTHER TRANSACTIONS AUTHORITY.—(1) In ad22 dition to other authorities granted to the Secretary to

23 enter into procurement contracts, leases, cooperative

24 agreements, grants, and other similar arrangements, the

25 Secretary may enter into other transactions with public
85

S 2552

1 agencies, private organizations, or persons on such terms

2 as the Secretary may deem appropriate in furtherance of

3 basic, applied, and advanced research functions now or

4 hereafter vested in the Secretary. Such other transactions

5 shall not be subject to the provisions of section 9 of the

6 Federal Nonnuclear Energy Research and Development

7 Act of 1974 (42 U.S.C. 5908).

8 ‘‘(2)(A) The Secretary of Energy shall ensure that—

9 ‘‘(i) to the maximum extent practicable, no

10 transaction entered into under paragraph (1) pro11 vides for research that duplicates research being

12 conducted under existing programs carried out by

13 the Department of Energy; and

14 ‘‘(ii) to the extent that the Secretary determines

15 practicable, the funds provided by the Government

16 under a transaction authorized by paragraph (1) do

17 not exceed the total amount provided by other par18 ties to the transaction.

19 ‘‘(B) A transaction authorized by paragraph (1) may

20 be used for a research project when the use of a standard

21 contract, grant, or cooperative agreement for such project

22 is not feasible or appropriate.

23 ‘‘(3)(A) The Secretary shall not disclose any trade

24 secret or commercial or financial information submitted
86

S 2552

1 by a non-Federal entity under paragraph (1) that is privi2 leged and confidential.

3 ‘‘(B) The Secretary shall not disclose, for five years

4 after the date the information is received, any other infor5 mation submitted by a non-Federal entity under para6 graph (1), including any proposal, proposal abstract, docu7 ment supporting a proposal, business plan, or technical

8 information that is privileged and confidential.

9 ‘‘(C) The Secretary may protect from disclosure, for

10 up to five years, any information developed pursuant to

11 a transaction under paragraph (1) that would be protected

12 from disclosure under section 552(b)(4) of title 5, United

13 States Code, if obtained from a person other than a Fed14 eral agency.’’.

15 (b) IMPLEMENTATION.—Not later than six months

16 after the date of enactment of this section, the Depart17 ment shall establish guidelines for the use of other trans18 actions. Other transactions shall be made available, if

19 needed, in order to implement projects funded under sec20 tion 3163.

21 SEC. 3168. CONFORMANCE WITH NNSA ORGANIZATIONAL

22 STRUCTURE.

23 All actions taken by the Secretary in carrying out this

24 subtitle with respect to National Laboratories and facili25 ties that are part of the NNSA shall be through the Ad-
87

S 2552

1 ministrator for Nuclear Security in accordance with the

2 requirements of title XXXII of the National Defense Au3 thorization Act for Fiscal Year 2000.

4 SEC. 3169. ARCTIC ENERGY.

5 (a) ESTABLISHMENT.—There is hereby established

6 within the Department of Energy an Office of Arctic En7 ergy.

8 (b) PURPOSE.—The purposes of the Office of Arctic

9 Energy are—

10 (1) to promote research, development and de11 ployment of electric power technology that is cost-ef12 fective and especially well suited to meet the needs

13 of rural and remote regions of the United States, es14 pecially where permafrost is present or located near15 by; and

16 (2) to promote research, development and de17 ployment in such regions of—

18 (A) enhanced oil recovery technology, in19 cluding heavy oil recovery, reinjection of carbon

20 and extended reach drilling technologies;

21 (B) gas-to-liquids technology and liquified

22 natural gas (including associated transportation

23 systems);

24 (C) small hydroelectric facilities, river tur25 bines and tidal power;
88

S 2552

1 (D) natural gas hydrates, coal bed meth2 ane, and shallow bed natural gas; and

3 (E) alternative energy, including wind,

4 geothermal, and fuel cells.

5 (c) LOCATION.—The Secretary shall locate the Office

6 of Arctic Energy at a university with special expertise and

7 unique experience in the matters specified in paragraphs

8 (1) and (2) of subsection (b).

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out activities

11 under this section $1,000,000 for the first fiscal year after

12 the date of enactment of this section.

13 Subtitle F—Other Matters

14 SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT

15 OF CERTAIN SCIENTIFIC, ENGINEERING, AND

16 TECHNICAL PERSONNEL.

17 Section 3161(c)(1) of the National Defense Author18 ization Act for Fiscal Year 1995 (42 U.S.C. 7231 note)

19 is amended by striking ‘‘September 30, 2000’’ and insert20 ing ‘‘September 30, 2002’’.

21 SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READI22 NESS POSTURES.

23 Section 3152 of the National Defense Authorization

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

25 623) is amended—
89

S 2552

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

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

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

4 ‘‘(b) BIENNIAL UPDATES OF REPORT.—(1) The Sec5 retary shall submit to the congressional defense commit6 tees an update of the report required under (a) not later

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

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

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

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

11 skills and capabilities that are essential to carry out

12 underground nuclear tests at the Nevada Test Site.

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

14 and physical plant that are essential to carry out un15 derground nuclear tests at the Nevada Test Site.

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

17 the skills and capabilities described in subparagraph

18 (A) and of the infrastructure and physical plant de19 scribed in subparagraph (B).

20 ‘‘(3) Each update under paragraph (1) shall be sub21 mitted in unclassified form, but may include a classified

22 annex.’’.
90

S 2552

1 SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RE2 LEASES OF RESTRICTED DATA AND FOR3 MERLY RESTRICTED DATA.

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

5 of the Strom Thurmond National Defense Authorization

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

7 2261; 50 U.S.C. 435 note) is amended to read as follows:

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

9 basis, notify the committees and Assistant to the Presi10 dent specified in subsection (d) of inadvertent releases de11 scribed in paragraph (1) that are discovered after the date

12 of the enactment of this Act.’’.

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

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply with respect to inad16 vertent releases of Restricted Data and Formerly Re17 stricted Data that are discovered on or after that date.

18 SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE

19 SAFETY OR RELIABILITY OF THE NUCLEAR

20 WEAPONS STOCKPILE.

21 Any certification submitted to the President by the

22 Secretary of Defense or the Secretary of Energy regarding

23 confidence in the safety or reliability of a nuclear weapon

24 type in the United States nuclear weapons stockpile shall

25 be submitted in classified form only.
91

S 2552

1 SEC. 3175. ENGINEERING AND MANUFACTURING RE2 SEARCH, DEVELOPMENT, AND DEMONSTRA3 TION BY PLANT MANAGERS OF CERTAIN NU4 CLEAR WEAPONS PRODUCTION PLANTS.

5 (a) AUTHORITY.—The Secretary of Energy may au6 thorize the plant manager of a covered nuclear weapons

7 production plant to engage in research, development, and

8 demonstration activities with respect to the engineering

9 and manufacturing capabilities at such plant in order to

10 maintain and enhance such capabilities at such plant.

11 (b) FUNDING.—Of the amount allocated by the Sec12 retary to a covered nuclear weapons production plant each

13 fiscal year from amounts available to the Department of

14 Energy for such fiscal year for national security programs,

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

16 amount may be used for activities authorized under sub17 section (a).

18 (c) COVERED NUCLEAR WEAPONS PRODUCTION

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

20 nuclear weapons production plant’’ means the following:

21 (1) The Kansas City Plant, Kansas City, Mis22 souri.

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

24 (3) The Pantex Plant, Amarillo, Texas.
92

S 2552

1 SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT

2 AGREEMENTS FOR GOVERNMENT-OWNED,

3 CONTRACTOR-OPERATED LABORATORIES.

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

5 of the Stevenson-Wydler Technology Innovation Act of

6 1980 (15 U.S.C. 3710a) is amended by striking ‘‘joint

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

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

9 strategic plan,’’.

10 (b) EXPERIMENTAL FEDERAL WAIVERS.—Sub11 section (b) of that section is amended by adding at the

12 end the following new paragraph:

13 ‘‘(6)(A) In the case of a Department of Energy lab14 oratory, a designated official of the Department of Energy

15 may waive any license retained by the Government under

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

17 according to negotiated terms and conditions, if the des18 ignated official finds that the retention of the license by

19 the Department of Energy would substantially inhibit the

20 commercialization of an invention that would otherwise

21 serve an important Federal mission.

22 ‘‘(B) The authority to grant a waiver under subpara23 graph (A) shall expire on the date that is 5 years after

24 the date of the enactment of the National Defense Author25 ization Act for Fiscal Year 2001.
93

S 2552

1 ‘‘(C) The expiration under subparagraph (B) of au2 thority to grant a waiver under subparagraph (A) shall

3 not effect any waiver granted under subparagraph (A) be4 fore the expiration of such authority.’’.

5 (c) TIME REQUIRED FOR APPROVAL.—Subsection

6 (c)(5) of that section is amended—

7 (1) by striking subparagraph (C);

8 (2) by redesignating subparagraph (D) as sub9 paragraph (C); and

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

11 (A) in clause (i)—

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

13 firm’’; and

14 (ii) by inserting ‘‘if’’ after ‘‘state15 ment’’; and

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

17 clauses:

18 ‘‘(iv) Any agency that has contracted with a non-Fed19 eral entity to operate a laboratory may develop and pro20 vide to such laboratory one or more model cooperative re21 search and development agreements for purposes of stand22 ardizing practices and procedures, resolving common legal

23 issues, and enabling review of cooperative research and de24 velopment agreements to be carried out in a routine and

25 prompt manner.
94

S 2552

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

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

3 considers appropriate.’’.

4 SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY

5 AND CONTRACTOR EMPLOYEES FOR EXEM6 PLARY SERVICE IN STOCKPILE STEWARD7 SHIP AND SECURITY.

8 (a) AUTHORITY TO PRESENT CERTIFICATE OF COM9 MENDATION.—The Secretary of Energy may present a

10 certificate of commendation to any current or former em11 ployee of the Department of Energy, and any current or

12 former employee of a Department contractor, whose serv13 ice to the Department in matters relating to stockpile

14 stewardship and security assisted the Department in fur15 thering the national security interests of the United

16 States.

17 (b) CERTIFICATE.—The certificate of commendation

18 presented to a current or former employee under sub19 section (a) shall include an appropriate citation of the

20 service of the current or former employee described in that

21 subsection, including a citation for dedication, intellect,

22 and sacrifice in furthering the national security interests

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

24 viable United States nuclear deterrent during the Cold

25 War or thereafter.
95

S 2552

1 (c) DEPARTMENT OF ENERGY DEFINED.—For pur2 poses of this section, the term ‘‘Department of Energy’’

3 includes any predecessor agency of the Department of En4 ergy.

5 SEC. 3178. ADJUSTMENT OF THRESHOLD REQUIREMENT

6 FOR SUBMISSION OF REPORTS ON AD7 VANCED COMPUTER SALES TO TIER III FOR8 EIGN COUNTRIES.

9 Section 3157 of the National Defense Authorization

10 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

11 2045) is amended by adding at the end the following:

12 ‘‘(e) ADJUSTMENT OF PERFORMANCE LEVELS.—

13 Whenever a new composite theoretical performance level

14 is established under section 1211(d), that level shall apply

15 for purposes of subsection (a) of this section in lieu of

16 the level set forth in subsection (a).’’.

17 Subtitle G—Russian Nuclear

18 Complex Conversion

19 SEC. 3191. SHORT TITLE.

20 This subtitle may be cited as the ‘‘Russian Nuclear

21 Weapons Complex Conversion Act of 2000’’.

22 SEC. 3192. FINDINGS.

23 Congress makes the following findings:

24 (1) The Russian nuclear weapons complex has

25 begun closure and complete reconfiguration of cer-
96

S 2552

1 tain weapons complex plants and productions lines.

2 However, this work is at an early stage. The major

3 impediments to downsizing have been economic and

4 social conditions in Russia. Little information about

5 this complex is shared, and 10 of its most sensitive

6 cities remain closed. These cities house 750,000 peo7 ple and employ approximately 150,000 people in nu8 clear military facilities. Although the Russian Fed9 eration Ministry of Atomic Energy has announced

10 the need to significantly downsize its workforce, per11 haps by as much as 50 percent, it has been very

12 slow in accomplishing this goal. Information on the

13 extent of any progress is very closely held.

14 (2) The United States, on the other hand, has

15 significantly downsized its nuclear weapons complex

16 in an open and transparent manner. As a result, an

17 enormous asymmetry now exists between the United

18 States and Russia in nuclear weapon production ca19 pacities and in transparency of such capacities. It is

20 in the national security interest of the United States

21 to assist the Russian Federation in accomplishing

22 significant reductions in its nuclear military complex

23 and in helping it to protect its nuclear weapons, nu24 clear materials, and nuclear secrets during such re25 ductions. Such assistance will accomplish critical
97

S 2552

1 nonproliferation objectives and provide essential sup2 port towards future arms reduction agreements. The

3 Russian Federation’s program to close and recon4 figure weapons complex plants and production lines

5 will address, if it is implemented in a significant and

6 transparent manner, concerns about the Russian

7 Federation’s ability to quickly reconstitute its arse8 nal.

9 (3) Several current programs address portions

10 of the downsizing and nuclear security concerns. The

11 Nuclear Cities Initiative was established to assist

12 Russia in creating job opportunities for employees

13 who are not required to support realistic Russian

14 nuclear security requirements. Its focus has been on

15 creating commercial ventures that can provide self16 sustaining jobs in three of the closed cities. The cur17 rent scope and funding of the program are not com18 mensurate with the scale of the threats to the

19 United States sought to be addressed by the pro20 gram.

21 (4) To effectively address threats to United

22 States national security interests, progress with re23 spect to the nuclear cities must be expanded and ac24 celerated. The Nuclear Cities Initiative has laid the

25 groundwork for an immediate increase in investment
98

S 2552

1 which offers the potential for prompt risk reduction

2 in the cities of Sarov, Snezhinsk, and Zheleznogorsk,

3 which house four key Russian nuclear facilities. Fur4 thermore, the Nuclear Cities Initiative has made

5 considerable progress with the limited funding avail6 able. However, to gain sufficient advocacy for addi7 tional support, the program must demonstrate—

8 (A) rapid progress in conversion and re9 structuring; and

10 (B) an ability for the United States to

11 track progress against verifiable milestones that

12 support a Russian nuclear complex consistent

13 with their future national security require14 ments.

15 (5) Reductions in the nuclear weapons-grade

16 material stocks in the United States and Russia en17 hance prospects for future arms control agreements

18 and reduce concerns that these materials could lead

19 to proliferation risks. Confidence in both nations will

20 be enhanced by knowledge of the extent of each na21 tion’s stockpiles of weapons-grade materials. The

22 United States already makes this information public.

23 (6) Many current programs contribute to the

24 goals stated herein. However, the lack of pro25 grammatic coordination within and among United
99

S 2552

1 States Government agencies impedes the capability

2 of the United States to make rapid progress. A for3 mal single point of coordination is essential to en4 sure that all United States programs directed at co5 operative threat reduction, nuclear materials reduc6 tion and protection, and the downsizing, trans7 parency, and nonproliferation of the nuclear weap8 ons complex effectively mitigate the risks inherent in

9 the Russian Federation’s military complex.

10 (7) Specialists in the United States and the

11 former Soviet Union trained in nonproliferation

12 studies can significantly assist in the downsizing

13 process while minimizing the threat presented by po14 tential proliferation of weapons materials or exper15 tise.

16 SEC. 3193. EXPANSION AND ENHANCEMENT OF NUCLEAR

17 CITIES INITIATIVE.

18 (a) IN GENERAL.—The Secretary of Energy shall, in

19 accordance with the provisions of this section, take appro20 priate actions to expand and enhance the activities under

21 the Nuclear Cities Initiative in order to—

22 (1) assist the Russian Federation in the

23 downsizing of the Russian Nuclear Complex; and
100

S 2552

1 (2) coordinate the downsizing of the Russian

2 Nuclear Complex under the Initiative with other

3 United States nonproliferation programs.

4 (b) ENHANCED USE OF MINATOM TECHNOLOGY

5 AND RESEARCH AND DEVELOPMENT SERVICES.—In car6 rying out actions under this section, the Secretary of En7 ergy shall facilitate the enhanced use of the technology,

8 and the research and development services, of the Russia

9 Ministry of Atomic Energy (MINATOM) by—

10 (1) fostering the commercialization of peaceful,

11 non-threatening advanced technologies of the Min12 istry through the development of projects to com13 mercialize research and development services for in14 dustry and industrial entities; and

15 (2) authorizing the Department of Energy, and

16 encouraging other departments and agencies of the

17 United States Government, to utilize such research

18 and development services for activities appropriate

19 to the mission of the Department, and such depart20 ments and agencies, including activities relating to—

21 (A) nonproliferation (including the detec22 tion and identification of weapons of mass de23 struction and verification of treaty compliance);

24 (B) global energy and environmental mat25 ters; and
101

S 2552

1 (C) basic scientific research of benefit to

2 the United States.

3 (c) ACCELERATION OF NUCLEAR CITIES INITIA4 TIVE.—(1) In carrying out actions under this section, the

5 Secretary of Energy shall accelerate the Nuclear Cities

6 Initiative by implementing, as soon as practicable after the

7 date of the enactment of this Act, programs at the nuclear

8 cities referred to in paragraph (2) in order to convert sig9 nificant portions of the activities carried out at such nu10 clear cities from military activities to civilian activities.

11 (2) The nuclear cities referred to in this paragraph

12 are the following:

13 (A) Sarov (Arzamas–16).

14 (B) Snezhinsk (Chelyabinsk–70).

15 (C) Zheleznogorsk (Krasnoyarsk–26).

16 (3) To advance nonproliferation and arms control ob17 jectives, the Nuclear Cities Initiative is encouraged to

18 begin planning for accelerated conversion, commensurate

19 with available resources, in the remaining nuclear cities.

20 (4) Before implementing a program under paragraph

21 (1), the Secretary shall establish appropriate, measurable

22 milestones for the activities to be carried out in fiscal year

23 2001.

24 (d) PLAN FOR RESTRUCTURING THE RUSSIAN NU25 CLEAR COMPLEX.—(1) The President, acting through the
102

S 2552

1 Secretary of Energy, is urged to enter into negotiations

2 with the Russian Federation for purposes of the develop3 ment by the Russian Federation of a plan to restructure

4 the Russian Nuclear Complex in order to meet changes

5 in the national security requirements of Russia by 2010.

6 (2) The plan under paragraph (1) should include the

7 following:

8 (A) Mechanisms to achieve a nuclear weapons

9 production capacity in Russia that is consistent with

10 the obligations of Russia under current and future

11 arms control agreements.

12 (B) Mechanisms to increase transparency re13 garding the restructuring of the nuclear weapons

14 complex and weapons-surplus nuclear materials in15 ventories in Russia to the levels of transparency for

16 such matters in the United States, including the

17 participation of Department of Energy officials with

18 expertise in transparency of such matters.

19 (C) Measurable milestones that will permit the

20 United States and the Russian Federation to mon21 itor progress under the plan.

22 (e) ENCOURAGEMENT OF CAREERS IN NON23 PROLIFERATION.—(1) In carrying out actions under this

24 section, the Secretary of Energy shall carry out a program

25 to encourage students in the United States and in the
103

S 2552

1 Russian Federation to pursue a career in an area relating

2 to nonproliferation.

3 (2) Of the amounts under subsection (f), up to

4 $2,000,000 shall be available for purposes of the program

5 under paragraph (1).

6 (f) FUNDING FOR FISCAL YEAR 2001.—(1) There is

7 hereby authorized to be appropriated for the Department

8 of Energy for fiscal year 2001, $30,000,000 for purposes

9 of the Nuclear Cities Initiative, including activities under

10 this section.

11 (2) The amount authorized to be appropriated by sec12 tion 101(5) for other procurement for the Army is hereby

13 reduced by $12,500,000, with the amount of the reduction

14 to be allocated to the Close Combat Tactical Trainer.

15 (g) LIMITATION ON AVAILABILITY OF FUNDS FOR

16 NUCLEAR CITIES INITIATIVE.—No amount in excess of

17 $17,500,000 authorized to be appropriated 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 the following:

24 (1) A copy of the written agreement between

25 the United States Government and the Government
104

S 2552

1 of the Russian Federation which provides that Rus2 sia will close some of its facilities engaged in nuclear

3 weapons assembly and disassembly work within five

4 years in exchange for participation in the Initiative.

5 (2) A certification by the Secretary that—

6 (A) project review procedures for all

7 projects under the Initiative have been estab8 lished and implemented; and

9 (B) such procedures will ensure that any

10 scientific, technical, or commercial project initi11 ated under the Initiative—

12 (i) will not enhance the military or

13 weapons of mass destruction capabilities of

14 Russia;

15 (ii) will not result in the inadvertent

16 transfer or utilization of products or activi17 ties under such project for military pur18 poses;

19 (iii) will be commercially viable within

20 three years of the date of the certification;

21 and

22 (iv) will be carried out in conjunction

23 with an appropriate commercial, industrial,

24 or other nonprofit entity as partner.

25 (3) A report setting forth the following:
105

S 2552

1 (A) The project review procedures referred

2 to in paragraph (2)(A).

3 (B) A list of the projects under the Initia4 tive that have been reviewed under such project

5 review procedures.

6 (C) A description for each project listed

7 under subparagraph (B) of the purpose, life8 cycle, out-year budget costs, participants, com9 mercial viability, expected time for income gen10 eration, and number of Russian jobs created.

11 (h) SENSE OF CONGRESS ON FUNDING FOR FISCAL

12 YEARS AFTER FISCAL YEAR 2001.—It is the sense of

13 Congress that the availability of funds for the Nuclear Cit14 ies Initiative in fiscal years after fiscal year 2001 should

15 be contingent upon—

16 (1) demonstrable progress in the programs car17 ried out under subsection (c), as determined utilizing

18 the milestones required under paragraph (4) of that

19 subsection; and

20 (2) the development and implementation of the

21 plan required by subsection (d).

22 SEC. 3194. SENSE OF CONGRESS ON THE ESTABLISHMENT

23 OF A NATIONAL COORDINATOR FOR NON24 PROLIFERATION MATTERS.

25 It is the sense of Congress that—
106

S 2552

1 (1) there should be a National Coordinator for

2 Nonproliferation Matters to coordinate—

3 (A) the Nuclear Cities Initiative;

4 (B) the Initiatives for Proliferation Preven5 tion program;

6 (C) the Cooperative Threat Reduction pro7 grams;

8 (D) the materials protection, control, and

9 accounting programs; and

10 (E) the International Science and Tech11 nology Center; and

12 (2) the position of National Coordinator for

13 Nonproliferation Matters should be similar, regard14 ing nonproliferation matters, to the position filled by

15 designation of the President under section 1441(a)

16 of the Defense Against Weapons of Mass Destruc17 tion Act of 1996 (title XIV of Public Law 104–201;

18 110 Stat. 2727; 50 U.S.C. 2351(a)).

19 SEC. 3195. DEFINITIONS.

20 In this subtitle:

21 (1) NUCLEAR CITY.—The term ‘‘nuclear city’’

22 means any of the closed nuclear cities within the

23 complex of the Russia Ministry of Atomic Energy

24 (MINATOM) as follows:

25 (A) Sarov (Arzamas–16).
107

S 2552

1 (B) Zarechnyy (Penza–19).

2 (C) Novoural’sk (Sverdlovsk–44).

3 (D) Lesnoy (Sverdlovsk–45).

4 (E) Ozersk (Chelyabinsk–65).

5 (F) Snezhinsk (Chelyabinsk–70).

6 (G) Trechgornyy (Zlatoust–36).

7 (H) Seversk (Tomsk–7).

8 (I) Zhelenznogorsk (Krasnoyarsk–26).

9 (J) Zelenogorsk (Krasnoyarsk–45).

10 (2) RUSSIAN NUCLEAR COMPLEX.—The term

11 ‘‘Russian Nuclear Complex’’ refers to all of the nu12 clear cities.

13 TITLE XXXII—DEFENSE NU14 CLEAR FACILITIES SAFETY

15 BOARD

16 SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

17 There are authorized to be appropriated for fiscal

18 year 2001, $18,500,000 for the operation of the Defense

19 Nuclear Facilities Safety Board under chapter 21 of the

20 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
108

S 2552

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.

22 SEC. 3303. LAND TRANSFER AND RESTORATION.

23 (a) SHORT TITLE.—This section may be cited as the

24 ‘‘Ute-Moab Land Restoration Act’’.
109

S 2552

1 (b) TRANSFER OF OIL SHALE RESERVE.—Section

2 3405 of the Strom Thurmond National Defense Author3 ization Act for Fiscal Year 1999 (10 U.S.C. 7420 note;

4 Public Law 105–261) is amended to read as follows:

5 ‘‘SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED

6 2.

7 ‘‘(a) DEFINITIONS.—In this section:

8 ‘‘(1) MAP.—The term ‘‘map’’ means the map

9 depicting the boundaries of NOSR–2, to be kept on

10 file and available for public inspection in the offices

11 of the Department of the Interior.

12 ‘‘(2) MOAB SITE.—The term ‘Moab site’ means

13 the Moab uranium milling site located approximately

14 3 miles northwest of Moab, Utah, and identified in

15 the Final Environmental Impact Statement issued

16 by the Nuclear Regulatory Commission in March

17 1996, in conjunction with Source Material License

18 No. SUA 917.

19 ‘‘(3) NOSR–2.—The term ‘NOSR–2’ means Oil

20 Shale Reserve Numbered 2, as identified on a map

21 on file in the Office of the Secretary of the Interior.

22 ‘‘(4) TRIBE.—The term ‘Tribe’ means the Ute

23 Indian Tribe of the Uintah and Ouray Indian Res24 ervation.

25 ‘‘(b) CONVEYANCE.—
110

S 2552

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the United States conveys to the Tribe,

3 subject to valid existing rights in effect on the day

4 before the date of enactment of this section, all Fed5 eral land within the exterior boundaries of NOSR–

6 2 in fee simple (including surface and mineral

7 rights).

8 ‘‘(2) RESERVATIONS.—The conveyance under

9 paragraph (1) shall not include the following res10 ervations of the United States:

11 ‘‘(A) A 9 percent royalty interest in the

12 value of any oil, gas, other hydrocarbons, and

13 all other minerals from the conveyed land that

14 are produced, saved, and sold, the payments for

15 which shall be made by the Tribe or its des16 ignee to the Secretary of Energy during the pe17 riod that the oil, gas, hydrocarbons, or minerals

18 are being produced, saved, sold, or extracted.

19 ‘‘(B) The portion of the bed of Green

20 River contained entirely within NOSR–2, as de21 picted on the map.

22 ‘‘(C) The land (including surface and min23 eral rights) to the west of the Green River with24 in NOSR–2, as depicted on the map.
111

S 2552

‘‘(D) A 1 1 ⁄4 mile scenic easement on the

2 east side of the Green River within NOSR–2.

3 ‘‘(3) CONDITIONS.—

4 ‘‘(A) MANAGEMENT AUTHORITY.—On com5 pletion of the conveyance under paragraph (1),

6 the United States relinquishes all management

7 authority over the conveyed land (including

8 tribal activities conducted on the land).

9 ‘‘(B) NO REVERSION.—The land conveyed

10 to the Tribe under this subsection shall not re11 vert to the United States for management in

12 trust status.

13 ‘‘(C) USE OF EASEMENT.—The reservation

14 of the easement under paragraph (2)(D) shall

15 not affect the right of the Tribe to obtain, use,

16 and maintain access to, the Green River

17 through the use of the road within the ease18 ment, as depicted on the map.

19 ‘‘(c) WITHDRAWALS.—Each withdrawal that applies

20 to NOSR–2 and that is in effect on the date of enactment

21 of this section is revoked to the extent that the withdrawal

22 applies to NOSR–2.

23 ‘‘(d) ADMINISTRATION OF RESERVED LAND AND IN24 TERESTS IN LAND.—
112

S 2552

1 ‘‘(1) IN GENERAL.—The Secretary of the Inte2 rior shall administer the land and interests in land

3 reserved from conveyance under subparagraphs (B)

4 and (C) of subsection (b)(2) in accordance with the

5 Federal Land Policy and Management Act of 1976

6 (43 U.S.C. 1701 et seq.).

7 ‘‘(2) MANAGEMENT PLAN.—Not later than 3

8 years after the date of enactment of this section, the

9 Secretary shall submit to Congress a land use plan

10 for the management of the land and interests in

11 land referred to in paragraph (1).

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Sec14 retary such sums as are necessary to carry out this

15 subsection.

16 ‘‘(e) ROYALTY.—

17 ‘‘(1) PAYMENT OF ROYALTY.—The royalty in18 terest reserved from conveyance in subsection

19 (b)(2)(A) that is required to be paid by the Tribe

20 shall not include any development, production, mar21 keting, and operating expenses.

22 ‘‘(2) REPORT.—The Tribe shall submit to the

23 Secretary of Energy and to Congress an annual re24 port on resource development and other activities of
113

S 2552

1 the Tribe concerning the conveyance under sub2 section (b).

3 ‘‘(3) FINANCIAL AUDIT.—

4 ‘‘(A) IN GENERAL.—Not later than 5 years

5 after the date of enactment of this section, and

6 every 5 years thereafter, the Tribe shall obtain

7 an audit of all resource development activities

8 of the Tribe concerning the conveyance under

9 subsection (b), as provided under chapter 75 of

10 title 31, United States Code.

11 ‘‘(B) INCLUSION OF RESULTS.—The re12 sults of each audit under this paragraph shall

13 be included in the next annual report submitted

14 after the date of completion of the audit.

15 ‘‘(f) RIVER MANAGEMENT.—

16 ‘‘(1) IN GENERAL.—The Tribe shall manage,

17 under Tribal jurisdiction and in accordance with or18 dinances adopted by the Tribe, land of the Tribe

that is adjacent to, and within 1 19 ⁄4 mile of, the Green

20 River in a manner that—

21 ‘‘(A) maintains the protected status of the

22 land; and

23 ‘‘(B) is consistent with the government-to24 government agreement and in the memorandum
114

S 2552

1 of understanding dated February 11, 2000, as

2 agreed to by the Tribe and the Secretary.

3 ‘‘(2) NO MANAGEMENT RESTRICTIONS.—An or4 dinance referred to in paragraph (1) shall not im5 pair, limit, or otherwise restrict the management

6 and use of any land that is not owned, controlled,

7 or subject to the jurisdiction of the Tribe.

8 ‘‘(3) REPEAL OR AMENDMENT.—An ordinance

9 adopted by the Tribe and referenced in the govern10 ment-to-government agreement may not be repealed

11 or amended without the written approval of—

12 ‘‘(A) the Tribe; and

13 ‘‘(B) the Secretary.

14 ‘‘(g) PLANT SPECIES.—

15 ‘‘(1) IN GENERAL.—In accordance with a gov16 ernment-to-government agreement between the Tribe

17 and the Secretary, in a manner consistent with levels

18 of legal protection in effect on the date of enactment

19 of this section, the Tribe shall protect, under ordi20 nances adopted by the Tribe, any plant species that

21 is—

22 ‘‘(A) listed as an endangered species or

23 threatened species under section 4 of the En24 dangered Species Act of 1973 (16 U.S.C.

25 1533); and
115

S 2552

1 ‘‘(B) located or found on the NOSR–2

2 land conveyed to the Tribe.

3 ‘‘(2) TRIBAL JURISDICTION.—The protection

4 described in paragraph (1) shall be performed solely

5 under tribal jurisdiction

6 ‘‘(h) HORSES.—

7 ‘‘(1) IN GENERAL.—The Tribe shall manage,

8 protect, and assert control over any horse not owned

9 by the Tribe or tribal members that is located or

10 found on the NOSR–2 land conveyed to the Tribe in

11 a manner that is consistent with Federal law gov12 erning the management, protection, and control of

13 horses in effect on the date of enactment of this sec14 tion.

15 ‘‘(2) TRIBAL JURISDICTION.—The management,

16 control, and protection of horses described in para17 graph (1) shall be performed solely—

18 ‘‘(A) under tribal jurisdiction; and

19 ‘‘(B) in accordance with a government-to20 government agreement between the Tribe and

21 the Secretary.

22 ‘‘(i) REMEDIAL ACTION AT MOAB SITE.—

23 ‘‘(1) INTERIM REMEDIAL ACTION.—

24 ‘‘(A) PLAN.—Not later than 1 year after

25 the date of enactment of this section, the Sec-
116

S 2552

1 retary of Energy shall prepare a plan for reme2 dial action, including ground water restoration,

3 at the uranium milling site near Moab, Utah,

4 under section 102(a) of the Uranium Mill

5 Tailings Radiation Control Act of 1978 (42

6 U.S.C. 7912(a)).

7 ‘‘(B) COMMENCEMENT OF REMEDIAL AC8 TION.—The Secretary of Energy shall com9 mence remedial action as soon as practicable

10 after the preparation of the plan.

11 ‘‘(C) TERMINATION OF LICENSE.—The li12 cense for the materials at the site issued by the

13 Nuclear Regulatory Commission shall terminate

14 1 year from the date of enactment of this sec15 tion, unless the Secretary of Energy determines

16 that the license may be terminated earlier.

17 ‘‘(D) ACTIVITIES OF THE TRUSTEE OF

18 THE MOAB RECLAMATION TRUST.— Until the

19 license referred to in subparagraph (C) termi20 nates, the Trustee of the Moab Reclamation

21 Trust (referred to in this paragraph as the

22 ‘Trustee’), subject to the availability of funds

23 appropriated specifically for a purpose described

24 in clauses (i) through (iii) or made available by
117

S 2552

1 the Trustee from the Moab Reclamation Trust,

2 may carry out—

3 ‘‘(i) interim measures to reduce or

4 eliminate localized high ammonia con5 centrations identified by the United States

6 Geological Survey in a report dated March

7 27, 2000, in the Colorado River;

8 ‘‘(ii) activities to dewater the mill

9 tailings; and

10 ‘‘(iii) other activities, subject to the

11 authority of the Secretary of Energy and

12 the Nuclear Regulatory Commission.

13 ‘‘(E) TITLE; CARETAKING.—Until the date

14 on which the Moab site is sold under paragraph

15 (4), the Trustee—

16 ‘‘(i) shall maintain title to the site;

17 and

18 ‘‘(ii) shall act as a caretaker of the

19 property and in that capacity exercise

20 measures of physical safety consistent with

21 past practice, until the Secretary of En22 ergy relieves the Trustee of that responsi23 bility.
118

S 2552

1 ‘‘(2) LIMIT ON EXPENDITURES.—The Secretary

2 shall limit the amounts expended in carrying out the

3 remedial action under paragraph (1) to—

4 ‘‘(A) amounts specifically appropriated for

5 the remedial action in an Act of appropriation;

6 and

7 ‘‘(B) other amounts made available for the

8 remedial action under this subsection.

9 ‘‘(3) RETENTION OF ROYALTIES.—

10 ‘‘(A) IN GENERAL.—The Secretary of En11 ergy shall retain the amounts received as royal12 ties under subsection (e)(1).

13 ‘‘(B) AVAILABILITY.—Amounts referred to

14 in subparagraph (A) shall be available, without

15 further Act of appropriation, to carry out the

16 remedial action under paragraph (1).

17 ‘‘(C) EXCESS AMOUNTS.—On completion

18 of the remedial action under paragraph (1), all

19 remaining royalty amounts shall be deposited in

20 the General Fund of the Treasury.

21 ‘‘(D) EXCLUSION OF NATIONAL SECURITY

22 ACTIVITIES FUNDING.—The Secretary shall not

23 use any funds made available to the Depart24 ment of Energy for national security activities
119

S 2552

1 to carry out the remedial action under para2 graph (1).

3 ‘‘(E) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated to the Secretary of Energy to carry out

6 the remedial action under paragraph (1) such

7 sums as are necessary.

8 ‘‘(4) SALE OF MOAB SITE.—

9 ‘‘(A) IN GENERAL.—If the Moab site is

10 sold after the date on which the Secretary of

11 Energy completes the remedial action under

12 paragraph (1), the seller shall pay to the Sec13 retary of Energy, for deposit in the miscella14 neous receipts account of the Treasury, the por15 tion of the sale price that the Secretary deter16 mines resulted from the enhancement of the

17 value of the Moab site that is attributable to

18 the completion of the remedial action, as deter19 mined in accordance with subparagraph (B).

20 ‘‘(B) DETERMINATION OF ENHANCED

21 VALUE.—The enhanced value of the Moab site

22 referred to in subparagraph (A) shall be equal

23 to the difference between—

24 ‘‘(i) the fair market value of the Moab

25 site on the date of enactment of this sec-
120

S 2552

1 tion, based on information available on

2 that date; and

3 ‘‘(ii) the fair market value of the

4 Moab site, as appraised on completion of

5 the remedial action.’’.

6 (c) URANIUM MILL TAILINGS.—Section 102(a) of the

7 Uranium Mill Tailings Radiation Control Act of 1978 (42

8 U.S.C. 7912(a)) is amended by inserting after paragraph

9 (3) the following:

10 ‘‘(4) DESIGNATION AS PROCESSING SITE.—

11 ‘‘(A) IN GENERAL.—Notwithstanding any

12 other provision of law, the Moab uranium mill13 ing site (referred to in this paragraph as the

14 ‘Moab Site’) located approximately 3 miles

15 northwest of Moab, Utah, and identified in the

16 Final Environmental Impact Statement issued

17 by the Nuclear Regulatory Commission in

18 March 1996, in conjunction with Source Mate19 rial License No. SUA 917, is designated as a

20 processing site.

21 ‘‘(B) APPLICABILITY.—This title applies to

22 the Moab Site in the same manner and to the

23 same extent as to other processing sites des24 ignated under this subsection, except that—
121

S 2552

1 ‘‘(i) sections 103, 107(a), 112(a), and

2 115(a) of this title shall not apply;

3 ‘‘(ii) a reference in this title to the

4 date of the enactment of this Act shall be

5 treated as a reference to the date of enact6 ment of this paragraph; and

7 ‘‘(iii) the Secretary, subject to the

8 availability of appropriations and without

9 regard to section 104(b), shall conduct re10 mediation at the Moab site in a safe and

11 environmentally sound manner,

12 including—

13 ‘‘(I) ground water restoration;

14 and

15 ‘‘(II) the removal, to at a site in

16 the State of Utah, for permanent dis17 position and any necessary stabiliza18 tion, of residual radioactive material

19 and other contaminated material from

20 the Moab Site and the floodplain of

21 the Colorado River.’’.

22 (d) CONFORMING AMENDMENT.—Section 3406 of the

23 Strom Thurmond National Defense Authorization Act for

24 Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105–
122

S 2552

1 261) is amended by inserting after subsection (e) the fol2 lowing:

3 ‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This sec4 tion does not apply to the transfer of Oil Shale Reserve

5 Numbered 2 under section 3405.’’.

6 TITLE XXXIV—NATIONAL

7 DEFENSE STOCKPILE

8 SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

9 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis10 cal year 2001, the National Defense Stockpile Manager

11 may obligate up to $75,000,000 of the funds in the Na12 tional Defense Stockpile Transaction Fund established

13 under subsection (a) of section 9 of the Strategic and Crit14 ical Materials Stock Piling Act (50 U.S.C. 98h) for the

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

16 such section, including the disposal of hazardous materials

17 that are environmentally sensitive.

18 (b) ADDITIONAL OBLIGATIONS.—The National De19 fense Stockpile Manager may obligate amounts in excess

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

21 Defense Stockpile Manager notifies Congress that extraor22 dinary or emergency conditions necessitate the additional

23 obligations. The National Defense Stockpile Manager may

24 make the additional obligations described in the notifica-
123

S 2552

1 tion after the end of the 45-day period beginning on the

2 date on which Congress receives the notification.

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

4 section shall be subject to such limitations as may be pro5 vided in appropriations Acts.

6 SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL

7 AUTHORITY.

8 Section 3303(a) of the Strom Thurmond National

9 Defense Authorization Act for Fiscal Year 1999 (Public

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

11 amended—

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

13 ‘‘$460,000,000’’ and inserting ‘‘$409,000,000’’;

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

15 ‘‘$555,000,000’’ and inserting ‘‘$585,000,000’’; and

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

17 ‘‘$590,000,000’’ and inserting ‘‘$620,000,000’’.

18 SEC. 3403. DISPOSAL OF TITANIUM.

19 (a) DISPOSAL REQUIRED.—Subject to subsection (b),

20 the President shall, by September 30, 2010, dispose of

21 30,000 short tons of titanium contained in the National

22 Defense Stockpile so as to result in receipts to the United

23 States in a total amount that is not less than

24 $180,000,000.
124

S 2552

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

2 President may not dispose of titanium under subsection

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

4 (1) undue disruption of the usual markets of

5 producers, processors, and consumers of titanium; or

6 (2) avoidable loss to the United States.

7 (c) TREATMENT OF RECEIPTS.—Notwithstanding

8 section 9 of the Strategic and Critical Materials Stock Pil9 ing Act (50 U.S.C. 98h), funds received as a result of the

10 disposal of titanium under subsection (a) shall be applied

11 as follows: $174,000,000 to defray the costs of health care

12 benefit improvements for retired military personnel; and

13 $6,000,000 for transfer to the American Battle Monu14 ments Commission for deposit in the fund established

15 under section 2113 of title 36, United States Code, for

16 the World War II memorial authorized by section 1 of

17 Public Law 103–32 (107 Stat. 90).

18 (d) WORLD WAR II MEMORIAL.—(1) The amount

19 transferred to the American Battle Monuments Commis20 sion under subsection (c) shall be used to complete all nec21 essary requirements for the design of, ground breaking

22 for, construction of, maintenance of, and dedication of the

23 World War II memorial. The Commission shall determine

24 how the amount shall be apportioned among such pur25 poses.
125

S 2552

1 (2) Any funds not necessary for the purposes set

2 forth in paragraph (1) shall be transferred to and depos3 ited in the general fund of the Treasury.

4 (e) RELATIONSHIP TO OTHER DISPOSAL AUTHOR5 ITY.—The disposal authority provided in subsection (a) is

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

7 affect, any other disposal authority provided by law re8 garding materials in the National Defense Stockpile.

9 TITLE XXXV—ENERGY EMPLOY10 EES OCCUPATIONAL ILLNESS

11 COMPENSATION

12 SEC. 3501. SHORT TITLE.

13 This title may be cited as the ‘‘Energy Employees

14 Occupational Illness Compensation Act of 2000’’.

15 SEC. 3502. CONSTRUCTION WITH OTHER LAWS.

16 References in this title to a provision of another stat17 ute shall be considered as references to such provision, as

18 amended and as may be amended from time to time.

19 SEC. 3503. DEFINITIONS.

20 (a) IN GENERAL.—In this title:

21 (1) ATOMIC WEAPON.—The term ‘‘atomic weap22 on’’ has the meaning given that term in section 11d.

23 of the Atomic Energy Act of 1954 (42 U.S.C.

24 2014(d)).
126

S 2552

1 (2) ATOMIC WEAPONS EMPLOYEE.—The term

2 ‘‘atomic weapons employee’’ means an individual em3 ployed by an atomic weapons employer during a time

4 when the employer was processing or producing, for

5 the use by the United States, material that emitted

6 radiation and was used in the production of an

7 atomic weapon, excluding uranium mining and mill8 ing.

9 (3) ATOMIC WEAPONS EMPLOYER.—The term

10 ‘‘atomic weapons employer’’ means an entity that—

11 (A) processed or produced, for the use by

12 the United States, material that emitted radi13 ation and was used in the production of an

14 atomic weapon, excluding uranium mining and

15 milling; and

16 (B) is designated as an atomic weapons

17 employer for purposes of this title by the Sec18 retary of Energy.

19 (4) ATOMIC WEAPONS EMPLOYER FACILITY.—

20 The term ‘‘atomic weapons employer facility’’ means

21 a facility, owned by an atomic weapons employer,

22 that is or was used to process or produce, for use

23 by the United States, material that emitted radi24 ation and was used in the production of an atomic

25 weapon, excluding uranium mining or milling.
127

S 2552

1 (5) BERYLLIUM VENDOR.—The term ‘‘beryl2 lium vendor’’ means the following:

3 (A) Atomics International.

4 (B) Brush Wellman, Incorporated, and its

5 predecessor, Brush Beryllium Company.

6 (C) General Atomics.

7 (D) General Electric Company.

8 (E) NGK Metals Corporation and its pred9 ecessors, Kawecki-Berylco, Cabot Corporation,

10 BerylCo, and Beryllium Corporation of Amer11 ica.

12 (F) Nuclear Materials and Equipment Cor13 poration.

14 (G) StarMet Corporation, and its prede15 cessor, Nuclear Metals, Incorporated.

16 (H) Wyman Gordan, Incorporated.

17 (I) Any other vendor, processor, or pro18 ducer of beryllium or related products des19 ignated as a beryllium vendor for purposes of

20 this title under section 3504(a).

21 (6) CHRONIC SILICOSIS.—The term ‘‘chronic

22 silicosis’’ means silicosis if—

23 (A) at least 10 years elapse between initial

24 exposure to silica and the emergence of the sili25 cosis; and
128

S 2552

1 (B) the silicosis is established by one of the

2 following:

3 (i) A chest x-ray presenting any com4 bination of rounded opacities of type

5 p/q/r, with or without irregular opacities,

6 present in at least both upper lung zones

7 and of profusion 1/0 or greater, as found

8 in accordance with the International Labor

9 Organization classification system.

10 (ii) A physician’s provisional or work11 ing diagnosis of silicosis, combined with—

12 (I) a chest radiograph interpreted

13 as consistent with silicosis; or

14 (II) pathologic findings con15 sistent with silicosis.

16 (iii) A history of occupational expo17 sure to airborne silica dust and a chest

18 radiograph or other imaging technique in19 terpreted as consistent with silicosis or

20 pathologic findings consistent with silicosis.

21 (7) COMPENSATION.—The term ‘‘compensa22 tion’’ means the money allowance payable under this

23 title and any other benefits paid for from the Fund

24 including the alternative compensation payable pur25 suant to section 3515.
129

S 2552

1 (8) COVERED BERYLLIUM EMPLOYEE.—The

2 term ‘‘covered beryllium employee’’ means the fol3 lowing:

4 (A) A current or former employee (as that

5 term is defined in section 8101(1) of title 5,

6 United States Code) who may have been ex7 posed to beryllium at a Department of Energy

8 facility or at a facility owned, operated, or occu9 pied by a beryllium vendor.

10 (B) A current or former employee of any

11 entity that contracted with the Department of

12 Energy to provide management and operation,

13 management and integration, or environmental

14 remediation of a Department of Energy facility

15 or an employee of any contractor or subcon16 tractor that provided services, including con17 struction and maintenance, at such a facility.

18 (C) A current or former employee of a be19 ryllium vendor, or a contractor or subcontractor

20 of a beryllium vendor, during a period when the

21 vendor was engaged in activities related to the

22 production or processing of beryllium for sale

23 to, or use by, the Department of Energy.
130

S 2552

1 (9) COVERED BERYLLIUM ILLNESS.—The term

2 ‘‘covered beryllium illness’’ means any condition as

3 follows:

4 (A) Beryllium sensitivity as established

5 by—

6 (i) an abnormal beryllium lymphocyte

7 proliferation test performed on either blood

8 or lung lavage cells; or

9 (ii) other means specified under sec10 tion 3504(b).

11 (B) Chronic beryllium disease as estab12 lished by the following:

13 (i) For diagnoses on or after January

14 1, 1993—

15 (I) beryllium sensitivity, as estab16 lished in accordance with subpara17 graph (A); and

18 (II) lung pathology consistent

19 with chronic beryllium disease,

20 including—

21 (aa) a lung biopsy showing

22 granulomas or a lymphocytic

23 process consistent with chronic

24 beryllium disease;
131

S 2552

1 (bb) a computerized axial to2 mography scan showing changes

3 consistent with chronic beryllium

4 disease; or

5 (cc) pulmonary function or

6 exercise testing showing pul7 monary deficits consistent with

8 chronic beryllium disease.

9 (ii) For diagnoses before January 1,

10 1993, the presence of four of the criteria

11 set forth in subclauses (I) through (VI),

12 including the criteria set forth in subclause

13 (I) and any three of the criteria set forth

14 in subclauses (II) through (VI):

15 (I) Occupational or environ16 mental history, or epidemiologic evi17 dence of beryllium exposure.

18 (II) Characteristic chest radio19 graphic (or computed tomography

20 (CT) abnormalities.

21 (III) Restrictive or obstructive

22 lung physiology testing or diffusing

23 lung capacity defect.

24 (IV) Lung pathology consistent

25 with chronic beryllium disease.
132

S 2552

1 (V) Clinical course consistent

2 with a chronic respiratory disorder.

3 (VI) Immunologic tests showing

4 beryllium sensitivity (skin patch test

5 or beryllium blood test preferred).

6 (iii) Other means specified under sec7 tion 3504(b).

8 (C) Any injury, illness, impairment, or disability

9 sustained as a consequence of a covered beryllium

10 illness referred to in subparagraph (A) or (B).

11 (10) COVERED EMPLOYEE.—The term ‘‘covered

12 employee’’ means a covered beryllium employee, a

13 covered employee with cancer, or a covered employee

14 with chronic silicosis.

15 (11) COVERED EMPLOYEE WITH CANCER.—The

16 term ‘‘covered employee with cancer’’ means the fol17 lowing:

18 (A) An individual who meets the criteria in

19 section 3511(c)(1).

20 (B) A member of the Special Exposure Co21 hort.

22 (12) COVERED EMPLOYEE WITH CHRONIC SILI23 COSIS.—The term ‘‘covered employee with chronic

24 silicosis’’ means a—

25 (A) Department of Energy employee; or
133

S 2552

1 (B) Department of Energy contractor em2 ployee;

3 with chronic silicosis who was exposed to silica in

4 the performance of duty as determined in section

5 3511(b).

6 (13) DEPARTMENT OF ENERGY.—The term

7 ‘‘Department of Energy’’ includes the predecessor

8 agencies of the Department of Energy, including the

9 Manhattan Engineering District.

10 (14) DEPARTMENT OF ENERGY CONTRACTOR

11 EMPLOYEE.—The term ‘‘Department of Energy con12 tractor employee’’ means the following:

13 (A) An individual who is or was in resi14 dence at a Department of Energy facility as a

15 researcher for a period of at least 24 cumu16 lative months.

17 (B) An individual who is or was employed,

18 at a Department of Energy facility by—

19 (i) an entity that contracted with the

20 Department of Energy to provide manage21 ment and operating, management and inte22 gration, or environmental remediation at

23 the facility; or
134

S 2552

1 (ii) a contractor or subcontractor that

2 provided services, including construction

3 and maintenance, at the facility.

4 (15) DEPARTMENT OF ENERGY FACILITY.—The

5 term ‘‘Department of Energy facility’’ means any

6 building, structure, or premise, including the

7 grounds upon which such building, structure, or

8 premise is located—

9 (A) in which operations are, or have been,

10 conducted by, or on behalf of, the Department

11 of Energy (except for buildings, structures,

12 premises, grounds, or operations covered by Ex13 ecutive Order 12344, pertaining to the Naval

14 Nuclear Propulsion Program); and

15 (B) with regard to which the Department

16 of Energy has or had—

17 (i) a proprietary interest; or

18 (ii) entered into a contract with an

19 entity to provide management and oper20 ation, management and integration, envi21 ronmental remediation services, construc22 tion, or maintenance services.

23 (16) FUND.—The term ‘‘Fund’’ means the En24 ergy Employees’ Occupational Illness Compensation

25 Fund under section 3542 of this title.
135

S 2552

1 (17) MONTHLY PAY.—The term ‘‘monthly pay’’

2 means the monthly pay at the time of injury, or the

3 monthly pay at the time disability begins, or the

4 monthly pay at the time the compensable disability

5 recurs, if the recurrence begins more than 6 months

6 after the employee resumes regular full-time employ7 ment, whichever is greater, except when otherwise

8 determined under section 8113 of title 5, United

9 States Code.

10 (18) RADIATION.—The term ‘‘radiation’’ means

11 ionizing radiation in the form of—

12 (A) alpha particles;

13 (B) beta particles;

14 (C) neutrons;

15 (D) gamma rays; or

16 (E) accelerated ions or subatomic particles

17 from accelerator machines.

18 (19) SECRETARY OF HEALTH AND HUMAN

19 SERVICES.—The term ‘‘Secretary of Health and

20 Human Services’’ means the Secretary of Health

21 and Human Services with the assistance of the Di22 rector of the National Institute for Occupational

23 Safety and Health.

24 (20) SPECIAL EXPOSURE COHORT.—The term

25 ‘‘Special Exposure Cohort’’ means the following
136

S 2552

1 groups of Department of Energy employees, Depart2 ment of Energy contractor employees, and atomic

3 weapons employees:

4 (A) Individuals who—

5 (i) were employed during the period

6 prior to February 1, 1992—

7 (I) at the gaseous diffusion

8 plants located in—

9 (aa) Paducah, Kentucky;

10 (bb) Portsmouth, Ohio; or

11 (cc) Oak Ridge, Tennessee;

12 and

13 (II) by—

14 (aa) the Department of En15 ergy;

16 (bb) a Department of En17 ergy contractor or subcontractor;

18 or

19 (cc) an atomic weapons em20 ployer; and

21 (ii) during employment covered by

22 clause (i)—

23 (I) were monitored through the

24 use of dosimetry badges for exposure
137

S 2552

1 at the plant of the external parts of

2 the employee’s body to radiation; or

3 (II) worked in a job that had ex4 posures comparable to a job that is or

5 was monitored through the use of do6 simetry badges.

7 (B) Individuals who were employed by the

8 Department of Energy or a Department of En9 ergy contractor or subcontractor on Amchitka

10 Island, Alaska, prior to January 1, 1974, and

11 who were exposed to ionizing radiation in the

12 performance of duty related to the Long Shot,

13 Milrow, or Cannikin underground nuclear tests.

14 (C) Individuals designated as part of the

15 Special Exposure Cohort by the Secretary of

16 Health and Human Services, in accordance

17 with section 3513.

18 (21) SPECIFIED CANCER.—The term ‘‘specified

19 cancer’’ means the following:

20 (A) Leukemia (other than chronic

21 lymphocytic leukemia).

22 (B) Multiple myeloma.

23 (C) Non-Hodgkins Lymphoma.

24 (D) Cancer of the—

25 (i) bladder;
138

S 2552

1 (ii) bone;

2 (iii) brain;

3 (iv) breast (male or female);

4 (v) cervix;

5 (vi) digestive system (including esoph6 agus, stomach, small intestine, bile ducts,

7 colon, rectum, or other digestive organs);

8 (vii) gallbladder;

9 (viii) kidney;

10 (ix) larynx, pharynx, or other res11 piratory organs;

12 (x) liver;

13 (xi) lung;

14 (xii) male genitalia;

15 (xiii) nasal organs;

16 (xiv) nervous system;

17 (xv) ovary;

18 (xvi) pancreas;

19 (xvii) prostate;

20 (xviii) salivary gland (parotid or non21 parotid);

22 (xix) thyroid;

23 (xx) ureter;

24 (xxi) urinary tract or other urinary

25 organs; or
139

S 2552

1 (xxii) uterus.

2 (22) SURVIVOR.—The term ‘‘survivor’’ means

3 any individual or individuals eligible to receive com4 pensation pursuant to section 8133 of title 5, United

5 States Code.

6 (23) TIME OF INJURY.—The term ‘‘time of in7 jury’’ means—

8 (A) in regard to a claim arising out of ex9 posure to beryllium, the last date on which a

10 covered employee was exposed to beryllium in

11 the performance of duty in accordance with sec12 tion 3511(a);

13 (B) in regard to a claim arising out of

14 chronic silicosis, the last date on which a cov15 ered employee was exposed to silica in the per16 formance of duty in accordance with section

17 3511(b); and

18 (C) in regard to a claim arising out of ex19 posure to radiation, the last date on which a

20 covered employee was exposed to radiation in

21 the performance of duty in accordance with sec22 tion 3511(c)(1) or, in the case of a member of

23 the Special Exposure Cohort, the last date on

24 which the member of the Special Exposure Co25 hort was employed at the Department of En-
140

S 2552

1 ergy facility at which the member was exposed

2 to radiation.

3 (b) TERMS USED IN ADMINISTRATION.—

4 (1) IN GENERAL.—The following terms have

5 the meaning given those terms in section 8101 of

6 title 5, United States Code—

7 (A) ‘‘physician’’;

8 (B) ‘‘medical, surgical, and hospital serv9 ices and supplies’’;

10 (C) ‘‘injury’’;

11 (D) ‘‘widow’’;

12 (E) ‘‘parent’’;

13 (F) ‘‘brother’’;

14 (G) ‘‘sister’’;

15 (H) ‘‘child’’;

16 (I) ‘‘grandchild’’;

17 (J) ‘‘widower’’;

18 (K) ‘‘student’’;

19 (L) ‘‘price index’’;

20 (M) ‘‘organ’’; and

21 (N) ‘‘United States medical officers and

22 hospitals’’.

23 (2) EMPLOYEE.—In applying any provision of

24 chapter 81 of title 5, United States Code (except
141

S 2552

1 section 8101), under this title, the term ‘‘employee’’

2 in such provision shall mean a covered employee.

3 (3) EMPLOYEES’ COMPENSATION FUND.—In

4 applying any provision of chapter 81 of title 5,

5 United States Code, under this title, the term ‘‘Em6 ployees’ Compensation Fund’’ in such provision shall

7 mean the Fund.

8 SEC. 3504. EXPANSION OF LIST OF BERYLLIUM VENDORS

9 AND MEANS OF ESTABLISHING COVERED BE10 RYLLIUM ILLNESSES.

11 (a) BERYLLIUM VENDORS.—The Secretary of En12 ergy may from time to time, and in consultation with the

13 Secretary of Labor, designate as a beryllium vendor for

14 purposes of section 3503(a)(5) any vendor, processor, or

15 producer of beryllium or related products not previously

16 listed under or designated for purposes of that section if

17 the Secretary of Energy finds that such vendor, processor,

18 or producer has been engaged in activities related to the

19 production or processing of beryllium for sale to, or use

20 by, the Department of Energy in a manner similar to the

21 entities listed in that section.

22 (b) MEANS OF ESTABLISHING COVERED BERYLLIUM

23 ILLNESSES.—The Secretary of Health and Human Serv24 ices may from time to time, and in consultation with the

25 Secretary of Energy, specify means of establishing the ex-
142

S 2552

1 istence of a covered beryllium illness referred to in sub2 paragraph (A) or (B) of section 3503(a)(9) not previously

3 listed under or specified for purposes of such subpara4 graph.

5 Subtitle A—Beryllium, Silicosis,

6 and Radiation Compensation

7 SEC. 3511. EXPOSURE TO HAZARDS IN THE PERFORMANCE

8 OF DUTY.

9 (a) BERYLLIUM.—In the absence of substantial evi10 dence to the contrary, a covered beryllium employee shall

11 be determined to have been exposed to beryllium in the

12 performance of duty for the purposes of this title if, and

13 only if, the covered beryllium employee was—

14 (1) employed at a Department of Energy facil15 ity; or

16 (2) present at a Department of Energy facility,

17 or a facility owned and operated by a beryllium ven18 dor, because of employment by the United States, a

19 beryllium vendor, or a contractor or subcontractor of

20 the Department of Energy;

21 during a period when beryllium dust, particles, or vapor

22 may have been present at such facility.

23 (b) CHRONIC SILICOSIS.—In the absence of substan24 tial evidence to the contrary, a covered employee with

25 chronic silicosis shall be determined to have been exposed
143

S 2552

1 to silica in the performance of duty for the purposes of

2 this title if, and only if, the covered employee with chronic

3 silicosis was present during the mining of tunnels at a De4 partment of Energy facility for tests or experiments re5 lated to an atomic weapon.

6 (c) CANCER.—

7 (1) IN GENERAL.—A Department of Energy

8 employee, Department of Energy contractor em9 ployee, or an atomic weapons employee shall be de10 termined to have sustained a cancer in the perform11 ance of duty if, and only if, such employee—

12 (A) contracted cancer after beginning em13 ployment at a Department of Energy facility

14 for a Department of Energy contractor or an

15 atomic weapons employer facility for an atomic

16 weapons employer; and

17 (B) falls within guidelines that—

18 (i) are established by the Secretary of

19 Health and Human Services by regulation,

20 after consultation with the Secretary of

21 Energy and after technical review by the

22 Advisory Board under section 3512, for de23 termining whether the cancer the employee

24 contracted was at least as likely as not re25 lated to employment at the facility;
144

S 2552

1 (ii) are based on the radiation dose

2 received by the employee (or a group of

3 employees performing similar work) at the

4 facility and the upper 99 percent con5 fidence interval of the probability of causa6 tion in the radioepidemiological tables pub7 lished under section 7(b) of the Orphan

8 Drug Act (42 U.S.C. 241 note), as such

9 tables may be updated under section

10 7(b)(3) of such Act from time to time;

11 (iii) incorporate the methods estab12 lished under subsection (d); and

13 (iv) take into consideration the type of

14 cancer; past health-related activities, such

15 as smoking; information on the risk of de16 veloping a radiation-related cancer from

17 workplace exposure; and other relevant fac18 tors.

19 (2) SPECIAL EXPOSURE COHORT.—A member

20 of the Special Exposure Cohort shall be determined

21 to have sustained a cancer in the performance of

22 duty if, and only if, such individual contracted a

23 specified cancer after beginning employment at a

24 Department of Energy facility for a Department of
145

S 2552

1 Energy contractor or an atomic weapons employer

2 facility for an atomic weapons employer.

3 (d) RADIATION DOSE.—

4 (1) IN GENERAL.—The Secretary of Health and

5 Human Services, after consultation with the Sec6 retary of Energy, shall—

7 (A) establish by regulation methods for ar8 riving at reasonable estimates of the radiation

9 doses Department of Energy employees or De10 partment of Energy contractor employees re11 ceived at a Department of Energy facility and

12 atomic weapons employees received at a facility

13 operated by an atomic weapons employer if

14 such employees were not monitored for expo15 sure to radiation at the facility, or were mon16 itored inadequately, or if the employees’ expo17 sure records are missing or incomplete; and

18 (B) provide to an employee who meets the

19 requirements of subsection (c)(1)(B) an esti20 mate of the radiation dose the employee re21 ceived based on dosimetry reading, a method es22 tablished under subparagraph (A), or a com23 bination of both.

24 (2) SCIENTIFIC REVIEW.—The Secretary of

25 Health and Human Services shall establish an inde-
146

S 2552

1 pendent review process utilizing the Advisory Board

2 under section 3512 to assess the methods estab3 lished under paragraph (1)(A) and the application of

4 those methods and to verify a reasonable sample of

5 individual dose reconstructions provided under para6 graph (1)(B).

7 (3) ACCESS TO DOSE RECONSTRUCTIONS.—The

8 Secretary of Health and Human Services and the

9 Secretary of Energy each shall, consistent with the

10 protection of private medical records, make available

11 to researchers and the general public information on

12 the assumptions, methodology, and data used in

13 dose reconstructions undertaken under this subtitle.

14 SEC. 3512. ADVISORY BOARD ON RADIATION AND WORKER

15 HEALTH.

16 (a) ESTABLISHMENT.—

17 (1) IN GENERAL.—Not later than 120 days

18 after the date of enactment of this title, the Sec19 retary of Health and Human Services, in consulta20 tion with the Secretary of Energy, shall establish

21 and appoint an Advisory Board on Radiation and

22 Worker Health.

23 (2) BALANCE OF VIEWS.—In making appoint24 ments to the Board, the Secretary of Health and

25 Human Services shall also consult with labor unions
147

S 2552

1 and other organizations with expertise on worker

2 health issues to ensure that the membership of the

3 Board reflects a balance of scientific, medical, and

4 worker perspectives.

5 (3) CHAIR.—The Secretary of Health and

6 Human Services shall designate a Chair for the

7 Board from among its members.

8 (b) DUTIES.—The Board shall advise the Secretary

9 of Health and Human Services, Secretary of Energy, and

10 Secretary of Labor on—

11 (1) the development of guidelines to be used by

12 the Secretary of Health and Human Services under

13 section 3511;

14 (2) the scientific validity and quality of dose es15 timation and reconstruction efforts being performed

16 to implement compensation programs under this

17 subtitle; and

18 (3) other matters related to radiation and work19 er health in Department of Energy facilities as the

20 Secretary of Labor, the Secretary of Energy, or the

21 Secretary of Health and Human Services may re22 quest.

23 (c) STAFF.—

24 (1) IN GENERAL.—The Secretary of Health and

25 Human Services shall appoint a staff to facilitate
148

S 2552

1 the work of the Board, headed by a Director ap2 pointed under subchapter VIII of chapter 33 of title

3 5, United States Code.

4 (2) DETAILS.—The Secretary of Health and

5 Human Services may accept for staff of the Board

6 personnel on detail from other Federal agencies to

7 serve on the staff on a nonreimbursable basis.

8 (d) EXPENSES.—Members of the Board, other than

9 full-time employees of the Federal Government, while at10 tending meetings of the Board or while otherwise serving

11 at the request of the Secretary of Health and Human

12 Services while serving away from their homes or regular

13 places of business, may be allowed travel and meal ex14 penses, including per diem in lieu of subsistence, as au15 thorized by section 5703 of title 5, United States Code,

16 for individuals in the Government serving without pay.

17 (e) APPLICABILITY OF FACA.—The Advisory Board

18 shall be subject to the Federal Advisory Committee Act

19 (5 U.S.C. App.).

20 SEC. 3513. DESIGNATION OF ADDITIONAL MEMBERS OF

21 THE SPECIAL EXPOSURE COHORT.

22 (a) ADVICE ON MEMBERSHIP IN COHORT.—

23 (1) IN GENERAL.—Upon request of the Sec24 retary of Health and Human Services, the Advisory

25 Board on Radiation and Worker Health under sec-
149

S 2552

1 tion 3512, based on exposure assessments by radi2 ation health professionals, information provided by

3 the Department of Energy, and other information

4 deemed appropriate by the Board, shall advise the

5 Secretary of Health and Human Services whether

6 there is a class of employees at a Department of En7 ergy facility who likely were exposed to radiation at

8 the facility but for whom it is not feasible to esti9 mate with sufficient accuracy the radiation dose they

10 received.

11 (2) PROCEDURES.—The Secretary of Health

12 and Human Services shall establish procedures for

13 considering petitions by classes of employees to re14 quest the advice of the Board.

15 (b) TREATMENT AS MEMBERS OF COHORT.—A class

16 of employees at a Department of Energy facility shall be

17 considered as members of the Special Exposure Cohort for

18 purposes of section 3503(a)(20) if the Secretary of Health

19 and Human Services, upon recommendation of the Advi20 sory Board on Radiation and Worker Health and in con21 sultation with the Secretary of Energy, determines that—

22 (1) it is not feasible to estimate with sufficient

23 accuracy the radiation dose which the class received;

24 and
150

S 2552

1 (2) there is a reasonable likelihood that the ra2 diation dose may have endangered the health of

3 members of the class.

4 (c) ACCESS TO INFORMATION.—The Secretary of En5 ergy shall, in accordance with law, provide the Secretary

6 of Health and Human Services and the members and staff

7 of the Advisory Board under section 3512 access to rel8 evant information on worker exposures, including access

9 to Restricted Data (as that term is defined in section 11y.

10 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

11 SEC. 3514. AUTHORITY TO PROVIDE COMPENSATION AND

12 OTHER ASSISTANCE.

13 (a) COMPENSATION.—Subject to the provisions of

14 this title, the Secretary of Labor—

15 (1) shall pay compensation in accordance with

16 sections 8105 through 8110, 8111(a), 8112, 8113,

17 8115, 8117, 8133, 8134, 8146a(a), and 8146a(b) of

18 title 5, United States Code, for the disability or

19 death—

20 (A) from a covered beryllium illness of a

21 covered beryllium employee who was exposed to

22 beryllium while in the performance of duty as

23 determined in accordance with section 3511(a)

24 of this title;
151

S 2552

1 (B) from chronic silicosis of a covered em2 ployee with chronic silicosis who was exposed to

3 silica in the performance of duty as determined

4 in accordance with section 3511(b) of this title;

5 or

6 (C) from cancer of a covered employee

7 with cancer determined to have sustained that

8 cancer in the performance of duty in accordance

9 with section 3511(c) of this title or from any

10 injury suffered as a consequence of that cancer;

11 (2) shall furnish the services and other benefits

12 specified in section 8103 of title 5, United States

13 Code, to—

14 (A) a covered beryllium employee with a

15 covered beryllium illness who was exposed to be16 ryllium in the performance of duty as deter17 mined in accordance with section 3511(a) of

18 this title;

19 (B) a covered employee with chronic sili20 cosis who was exposed to silica in the perform21 ance of duty as determined in accordance with

22 section 3511(b) of this title; or

23 (C) a covered employee with cancer deter24 mined to have sustained that cancer in the per25 formance of duty in accordance with section
152

S 2552

1 3511(c) of this title or to have suffered any in2 jury as a consequence of that cancer; and

3 (3) may direct a permanently disabled indi4 vidual whose disability is compensable under this

5 subtitle to undergo vocational rehabilitation and

6 shall provide for furnishing such vocational rehabili7 tation services pursuant to the provisions of sections

8 8104, 8111(b), and 8113(b) of title 5, United States

9 Code.

10 (b) LIMITATIONS ON COMPENSATION.—

11 (1) EMPLOYEE MISCONDUCT.—No compensa12 tion or benefits may be paid or provided under this

13 title for a cancer (including a specified cancer),

14 chronic silicosis, covered beryllium illness, or death

15 if the cancer (including a specified cancer), chronic

16 silicosis, covered beryllium illness, or death occurred

17 under one of the circumstances set forth in para18 graph (1), (2), or (3) of section 8102(a) of title 5,

19 United States Code.

20 (2) RETROACTIVE BENEFITS.—No compensa21 tion may be paid under this section for any period

22 before the date of enactment of this title, except in

23 the case of compensation under section 3515.

24 (3) SOURCE.—All compensation under this sub25 title shall be paid from the Fund.
153

S 2552

1 (c) COMPUTATION OF PAY.—

2 (1) IN GENERAL.—Except as otherwise pro3 vided by this title or by regulation, computation of

4 pay under this title shall be determined in accord5 ance with section 8114 of title 5, United States

6 Code.

7 (2) SUBSTITUTE RULE FOR SECTION

8 8114(d)(3).—If either of the methods of determining

9 the average annual earnings specified in section

10 8114(d) (1) and (2) of title 5, United States Code,

11 cannot be applied reasonably and fairly, the average

12 annual earnings are a sum that reasonably rep13 resents the annual earning capacity of the covered

14 employee in the employment in which the employee

15 was working at the time of injury having regard to

16 the previous earnings of the employee in similar em17 ployment, and of other employees of the same em18 ployer in the same or most similar class working in

19 the same or most similar employment in the same or

20 neighboring location, other previous employment of

21 the employee, or other relevant factors. However, the

22 average annual earnings may not be less than 150

23 times the average daily wage the covered employee

24 earned in the employment during the days employed
154

S 2552

1 within 1 year immediately preceding the time of in2 jury.

3 (d) ASSISTANCE FOR CLAIMANTS.—The Secretary of

4 Labor shall, upon the receipt of a request for assistance

5 from a claimant for compensation under this section, pro6 vide assistance to the claimant in connection with the

7 claim, including—

8 (1) assistance in securing medical testing and

9 diagnostic services necessary to establish the exist10 ence of a covered beryllium illness or cancer; and

11 (2) such other assistance as may be required to

12 develop facts pertinent to the claim.

13 (e) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The

14 Secretary of Energy, in consultation with the Secretary

15 of Labor, shall take appropriate actions to inform and as16 sist covered employees who are potential claimants under

17 this subtitle, and other potential claimants under this sub18 title, of the availability of compensation under this sub19 title, including actions to—

20 (1) ensure the ready availability, in paper and

21 electronic format, of forms necessary for making

22 claims;

23 (2) provide such covered employees and other

24 potential claimants with information and other sup25 port necessary for making claims, including—
155

S 2552

1 (A) medical protocols for medical testing

2 and diagnosis to establish the existence of a

3 covered beryllium illness, silicosis, or cancer;

4 and

5 (B) lists of vendors approved for providing

6 laboratory services related to such medical test7 ing and diagnosis;

8 (3) provide such additional assistance to such

9 covered employees and other potential claimants as

10 may be required for the development of facts perti11 nent to a claim.

12 (f) INFORMATION FROM BERYLLIUM VENDORS AND

13 OTHER CONTRACTORS.—As part of the assistance pro14 gram provided under subsections (d) and (e), and as per15 mitted by law, the Secretary of Energy shall, upon the

16 request of the Secretary of Labor, require a beryllium ven17 dor or other Department of Energy contractor or subcon18 tractor to provide information relevant to a claim or poten19 tial claim under this title to the Secretary of Labor.

20 SEC. 3515. ALTERNATIVE COMPENSATION.

21 (a) IN GENERAL.—Subject to the provisions of this

22 section, a covered employee eligible for benefits under sec23 tion 3514(a), or the survivor of such covered employee if

24 the employee is deceased, may elect to receive compensa-
156

S 2552

1 tion in the amount of $200,000 in lieu of any other com2 pensation under section 3514(a)(1).

3 (b) DEATH BEFORE ELECTION.—

4 (1) IN GENERAL.—Subject to the provisions of

5 this section, if a covered employee otherwise eligible

6 to make an election provided by this section dies be7 fore the date of enactment of this title, or before

8 making the election, whether or not the death is a

9 result of a cancer (including a specified cancer),

10 chronic silicosis, or covered beryllium illness, a sur11 vivor of the covered employee on behalf of the sur12 vivor and any other survivors of the covered em13 ployee may make the election and receive the com14 pensation provided for under this section.

15 (2) PRECEDENCE OF SURVIVORS.—The right to

16 make an election and to receive compensation under

17 this section shall be afforded to survivors in the

18 order of precedence set forth in section 8109 of title

19 5, United States Code.

20 (c) TIME LIMIT FOR ELECTION.—An election under

21 this section may be made at any time after the submittal

22 under this subtitle of the claim on which such compensa23 tion is based, but not later than 30 days after the latter

24 of the date of—
157

S 2552

1 (1) a determination by the Secretary of Labor

2 that an employee is eligible for an award under this

3 section; or

4 (2) a determination by the Secretary of Labor

5 under section 3214 awarding an employee or an em6 ployee’s survivors compensation for total or partial

7 disability or compensation in case of death.

8 (d) IRREVOCABILITY OF ELECTION.—

9 (1) IN GENERAL.—An election under this sec10 tion when made is irrevocable.

11 (2) BINDING EFFECT.—An election made by a

12 covered employee or survivor under this section is

13 binding on all survivors of the covered employee.

14 SEC. 3516. SUBMITTAL OF CLAIMS.

15 (a) CLAIM REQUIRED.—A claim for compensation

16 under this subtitle shall be submitted to the Secretary of

17 Labor in the manner specified in section 8121 of title 5,

18 United States Code.

19 (b) GENERAL TIME LIMITATIONS.—A claim for com20 pensation under this subtitle shall be filed under this sec21 tion not later than the later of—

22 (1) seven years after the date of enactment of

23 this title;

24 (2) seven years after the date the claimant first

25 becomes aware that a cancer (including a specified
158

S 2552

1 cancer), chronic silicosis, covered beryllium illness,

2 or death from any of the foregoing of a covered em3 ployee may be connected to the exposure of the cov4 ered employee to beryllium, radiation, or silica in the

5 performance of duty.

6 (c) NEW PERIOD FOR ADDITIONAL ILLNESSES AND

7 CONDITIONS.—A new period of limitation under sub8 section (b)(2) shall commence with each new diagnosis of

9 a cancer (including a specified cancer), chronic silicosis,

10 or covered beryllium illness that is different from a pre11 viously diagnosed cancer (including a specified cancer),

12 chronic silicosis, or covered beryllium illness.

13 (d) DEATH CLAIM.—The timely filing of a disability

14 claim for a cancer (including a specified cancer), chronic

15 silicosis, or covered beryllium illness shall satisfy the time

16 requirements of this section for death benefits for the

17 same cancer (including a specified cancer), chronic sili18 cosis, or covered beryllium illness.

19 SEC. 3517. ADJUDICATION AND ADMINISTRATION.

20 (a) IN GENERAL.—

21 (1) REQUIREMENT.—The Secretary of Labor

22 shall determine and make a finding of fact and

23 make an award for or against payment of compensa24 tion under this subtitle after—
159

S 2552

1 (A) considering the claim presented by the

2 claimant, the results of any medical test or di3 agnosis undertaken to establish the existence of

4 a cancer (including a specified cancer), chronic

5 silicosis, or covered beryllium illness, and any

6 report furnished by the Secretary of Energy

7 with respect to the claim; and

8 (B) completing such investigation as the

9 Secretary of Labor considers necessary.

10 (2) SCOPE OF ALLOWANCE AND DENIAL.—The

11 Secretary may allow or deny a claim, in whole or in

12 part.

13 (b) AVAILABLE AUTHORITIES.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), in carrying out activities under subsection

16 (c), the Secretary of Labor may utilize the authori17 ties available to the Secretary under sections 8123,

18 8124(b), 8125, 8126, 8128(a), and 8129 of title 5,

19 United States Code.

20 (2) DISAGREEMENT.—If there is a disagree21 ment under section 8123(a) of title 5, United States

22 Code, between the physician making the examination

23 for the United States and the physician of the em24 ployee, the Secretary of Labor shall appoint a third

25 physician from a roster of physicians with relevant
160

S 2552

1 expertise maintained by the Secretary of Health and

2 Human Services.

3 (c) RIGHTS OF CLAIMANT.—

4 (1) IN GENERAL.—Except as provided by para5 graph (2), the provisions of section 8127 of title 5,

6 United States Code, shall apply.

7 (2) SUITS TO COMPEL INFORMATION.—A claim8 ant may commence an action in the appropriate dis9 trict court of the United States against a beryllium

10 vendor, or other contractor or subcontractor of the

11 Department of Energy, to compel the production of

12 information or documents requested by the Sec13 retary of Labor under this subtitle if such informa14 tion or documents are not provided within 180 days

15 of the date of the request. Upon successful resolu16 tion of any action brought under this paragraph, the

17 court shall award the claimant reasonable attorney

18 fees and costs to be paid by the defendant in such

19 action.

20 (d) DEADLINES.—Beginning on the date that is two

21 years after the date of enactment of this title, the Sec22 retary of Labor shall allow or deny a claim under this sec23 tion not later than the later of—

24 (1) 180 days after the date of submittal of the

25 claim to the Secretary under section 3516; or
161

S 2552

1 (2) 120 days after the date of receipt of infor2 mation or documents produced under subsection

3 (c)(2).

4 (e) RESOLUTION OF REASONABLE DOUBT.—Except

5 as provided in subsection (b)(2), in determining whether

6 a claimant meets the requirements of this subtitle, the

7 Secretary of Labor shall find in favor of the claimant in

8 circumstances where the evidence supporting the claim of

9 the claimant and the evidence controverting the claim of

10 the claimant is in equipoise.

11 (f) SERVICE OF DECISION.—The Secretary of Labor

12 shall have served upon a claimant the Secretary’s decision

13 denying the claim under this section, including the finding

14 of fact under subsection (a)(1).

15 (g) HEARINGS AND FURTHER REVIEW.—

16 (1) REGULATIONS.—The Secretary of Labor

17 may prescribe regulations necessary for the adminis18 tration and enforcement of this title including regu19 lations for the conduct of hearings under this sec20 tion.

21 (2) APPEALS PANELS.—

22 (A) IN GENERAL.—Regulations issued by

23 the Secretary of Labor under this title shall

24 provide for one or more Energy Employees’

25 Compensation Appeals Panels of three individ-
162

S 2552

1 uals with authority to hear and, subject to ap2 plicable law and the regulations of the Sec3 retary, make final decisions on appeals taken

4 from determinations and awards with respect to

5 claims of employees filed under this subtitle.

6 (B) INTERAGENCY AGREEMENT.—Under

7 an agreement between the Secretary of Labor

8 and another Federal agency (except the Depart9 ment of Energy), a panel appointed by the

10 other Federal agency may provide these appel11 late decisionmaking services.

12 (3) APPEAL.—An individual seeking review of a

13 denial of an award under this section shall submit

14 an appeal in accordance with the regulations under

15 this subsection.

16 (h) RECONSIDERATION BASED ON NEW CRITERIA OR

17 EVIDENCE.—

18 (1) NEW CRITERIA OR METHODS FOR ESTAB19 LISHING WORK-RELATED ILLNESS.—A claimant may

20 obtain reconsideration of a decision awarding or de21 nying coverage under this subtitle within one year

22 after the effective date of regulations setting forth—

23 (A) new criteria for establishing a covered

24 beryllium illness pursuant to section 3504(b);

25 or
163

S 2552

1 (B) additional or revised methods for de2 termining whether a cancer was at least as like3 ly as not related to employment pursuant to

4 section 3211(c)(1)(B)(i);

5 by submitting evidence that is relevant and pertinent

6 to the new regulations.

7 (2) NEW EVIDENCE.—A covered employee or

8 covered employee’s survivor may obtain reconsider9 ation of a decision denying an application for com10 pensation or benefits under this title if the employee

11 or employee’s survivor has additional medical or

12 other information relevant to the claim that was not

13 reasonably available at the time of the decision and

14 that likely would lead to the reversal of the decision.

15 Subtitle B—Exposure to Other

16 Toxic Substances

17 SEC. 3521. DEFINITIONS.

18 In this subtitle:

19 (1) DIRECTOR.—The term ‘‘Director’’ means

20 the Director of the Office of Workers’ Compensation

21 Advocate under section 217 of the Department of

22 Energy Organization Act, as added by section 3538

23 of this Act.

24 (2) PANEL.—The term ‘‘panel’’ means a physi25 cians panel established under section 3522(d).
164

S 2552

1 (3) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Energy.

3 SEC. 3522. AGREEMENTS WITH STATES.

4 (a) AGREEMENTS.—The Secretary, through the Di5 rector, may enter into agreements with the Governor of

6 a State to provide assistance to a Department of Energy

7 contractor employee in filing a claim under the appro8 priate State workers’ compensation system.

9 (b) PROCEDURE.—Pursuant to agreements under

10 subsection (a), the Director may—

11 (1) establish procedures under which an indi12 vidual may submit an application for review and as13 sistance under this section, and

14 (2) review an application submitted under this

15 section and determine whether the applicant sub16 mitted reasonable evidence that—

17 (A) the application was filed by or on be18 half of a Department of Energy contractor em19 ployee or employee’s estate, and

20 (B) the illness or death of the Department

21 of Energy contractor employee may have been

22 related to employment at a Department of En23 ergy facility.

24 (c) SUBMITTAL OF APPLICATIONS TO PANELS.—If

25 provided in an agreement under subsection (a), and if the
165

S 2552

1 Director determines that the applicant submitted reason2 able evidence under subsection (b)(2), the Director shall

3 submit the application to a physicians panel established

4 under subsection (d). The Director shall assist the em5 ployee in obtaining additional evidence within the control

6 of the Department of Energy and relevant to the panel’s

7 deliberations.

8 (d) PANEL.—

9 (1) NUMBER OF PANELS.—The Director shall

10 inform the Secretary of Health and Human Services

11 of the number of physicians panels the Director has

12 determined to be appropriate to administer this sec13 tion, the number of physicians needed for each

14 panel, and the area of jurisdiction of each panel.

15 The Director may determine to have only one panel.

16 (2) APPOINTMENT.—

17 (A) IN GENERAL.—The Secretary of

18 Health and Human Services shall appoint panel

19 members with experience and competency in di20 agnosing occupational illnesses under section

21 3109 of title 5, United States Code.

22 (B) COMPENSATION.—Each member of a

23 panel shall be paid at the rate of pay payable

24 for level III of the Executive Schedule for each
166

S 2552

1 day (including travel time) the member is en2 gaged in the work of a panel.

3 (3) DUTIES.—A panel shall review an applica4 tion submitted to it by the Director and determine,

5 under guidelines established by the Director, by rule,

6 whether the illness or death that is the subject of

7 the application arose out of and in the course of em8 ployment by the Department of Energy and expo9 sure to a toxic substance at a Department of Energy

10 facility.

11 (4) ADDITIONAL INFORMATION.—At the re12 quest of a panel, the Director and a contractor who

13 employed a Department of Energy contractor em14 ployee shall provide additional information relevant

15 to the panel’s deliberations. A panel may consult

16 specialists in relevant fields as it determines nec17 essary.

18 (5) DETERMINATIONS.—Once a panel has made

19 a determination under paragraph (3), it shall report

20 to the Director its determination and the basis for

21 the determination.

22 (6) INAPPLICABILITY OF FACA.—A panel es23 tablished under this section shall not be subject to

24 the Federal Advisory Committee Act (5 U.S.C.

25 App.).
167

S 2552

1 (e) ASSISTANCE.—If provided in an agreement under

2 subsection (a)—

3 (1) the Director shall review a panel’s deter4 mination made under subsection (d), information the

5 panel considered in reaching its determination, any

6 relevant new information not reasonably available at

7 the time of the panel’s deliberations, and the basis

8 for the panel’s determination;

9 (2) as a result of the review under paragraph

10 (1), the Director shall accept the panel’s determina11 tion in the absence of compelling evidence to the

12 contrary;

13 (3) if the panel has made a positive determina14 tion under subsection (d) and the Director accepts

15 the determination under paragraph (2), or the panel

16 has made a negative determination under subsection

17 (d) and the Director finds compelling evidence to the

18 contrary—

19 (A) the Director shall—

20 (i) assist the applicant to file a claim

21 under the appropriate State workers’ com22 pensation system based on the health con23 dition that was the subject of the deter24 mination;
168

S 2552

1 (ii) recommend to the Secretary of

2 Energy that the Department of Energy not

3 contest a claim filed under a State work4 ers’ compensation system based on the

5 health condition that was the subject of

6 the determination and not contest an

7 award made under a State workers’ com8 pensation system regarding that claim; and

9 (iii) recommend to the Secretary of

10 Energy that the Secretary direct, as per11 mitted by law, the contractor who em12 ployed the Department of Energy con13 tractor employee who is the subject of the

14 claim not to contest the claim or an award

15 regarding the claim; and

16 (B) any costs of contesting a claim or an

17 award regarding the claim incurred by the con18 tractor who employed the Department of En19 ergy contractor employee who is the subject of

20 the claim shall not be an allowable cost under

21 a Department of Energy contract.

22 (f) INFORMATION.—At the request of the Director,

23 a contractor who employed a Department of Energy con24 tractor employee shall make available to the Director or
169

S 2552

1 the employee, information relevant to deliberations under

2 this section.

3 (g) GAO REPORT.—Not later than February 1,

4 2002, the Comptroller General shall submit a report to

5 the Congress evaluating the implementation by the De6 partment of Energy of the provisions of this subtitle and

7 of the effectiveness of the program under this subtitle in

8 providing compensation to Department of Energy con9 tractor employees for occupational illness.

10 Subtitle C—General Provisions

11 SEC. 3531. TREATMENT OF COMPENSATION AND BENEFITS.

12 (a) IN GENERAL.—Any compensation or benefits al13 lowed, paid, or provided under this title—

14 (1) shall not be included as income or resources

15 for purposes of determining eligibility to receive ben16 efits described in section 3803(c)(2)(C) of title 31,

17 United States Code, or the amount of those benefits;

18 and

19 (2) shall not be subject to offset under chapter

20 37 of title 31, United States Code.

21 (b) INSURANCE.—(1) Compensation or benefits paid

22 or provided under this title shall not be considered as any

23 form of compensation or reimbursement for a loss for pur24 poses of imposing liability on an individual receiving the
170

S 2552

1 compensation or benefits to repay any insurance carrier

2 for insurance payments made.

3 (2) The payment or provision of compensation or ben4 efits under this title shall not be treated as affecting any

5 claim against an insurance carrier with respect to insur6 ance.

7 (c) PROHIBITION ON ASSIGNMENT OR ATTACHMENT

8 OF CLAIMS.—The provisions of section 8130 of title 5,

9 United States Code, shall apply to claims under this title.

10 (d) RETENTION OF CIVIL SERVICE RIGHTS.—If a

11 Federal employee found to be disabled under this title re12 sumes employment with the Federal Government, the em13 ployee shall be entitled to the rights set forth in section

14 8151 of title 5, United States Code.

15 SEC. 3532. FORFEITURE OF BENEFITS BY CONVICTED FEL16 ONS.

17 (a) FORFEIT COMPENSATION.—Any individual con18 victed of a violation of section 1920 of title 18, United

19 States Code, or any other Federal or State criminal stat20 ute relating to fraud in the application for or receipt of

21 any benefit under this title or under any other Federal

22 or State workers’ compensation law, shall forfeit (as of

23 the date of such conviction) any entitlement to any benefit

24 under this title such individual would otherwise be award25 ed for any injury, illness or death covered by this title for
171

S 2552

1 which the time of injury was on or before the date of the

2 conviction. This forfeiture shall be in addition to any ac3 tion the Secretary of Labor takes under sections 8106 or

4 8129 of title 5, United States Code.

5 (b) DEPENDENTS.—(1) Notwithstanding any other

6 provision of law, except as provided under paragraph (2),

7 compensation under this title shall not be paid or provided

8 to an individual during any period during which such indi9 vidual is confined in a jail, prison, or other penal institu10 tion or correctional facility, pursuant to that individual’s

11 conviction of an offense that constituted a felony under

12 applicable law. After this period of incarceration ends, the

13 individual shall not receive compensation forfeited during

14 the period of incarceration.

15 (2) If an individual has one or more dependents as

16 defined under section 8110(a) of title 5, United States

17 Code, the Secretary of Labor may, during the period of

18 incarceration, pay to such dependents a percentage of the

19 compensation under section 3114 that would have been

20 payable to the individual computed according to the per21 centages set forth in section 8133(a) (1) through (5) of

22 title 5, United States Code.

23 (c) INFORMATION.—Notwithstanding section 552a of

24 title 5, United States Code, or any other Federal or State

25 law, an agency of the United States, a State, or a political
172

S 2552

1 subdivision of a State shall make available to the Sec2 retary of Labor, upon written request from the Secretary

3 of Labor and if the Secretary of Labor requires the infor4 mation to carry out this section, the names and Social Se5 curity account numbers of individuals confined, for convic6 tion of a felony, in a jail, prison, or other penal institution

7 or correctional facility under the jurisdiction of that agen8 cy.

9 SEC. 3533. LIMITATION ON RIGHT TO RECEIVE BENEFITS.

10 (a) CLAIMANT.—A claimant who receives compensa11 tion for any claim under this title, except for compensation

12 provided under the authority of section 8103(b) of title

13 5, United States Code, shall not receive compensation for

14 any other claim under this title.

15 (b) SURVIVOR.—If a survivor receives compensation

16 for any claim under this title derived from a covered em17 ployee, except for compensation provided under the au18 thority of section 8103(b) of title 5, United States Code,

19 such survivor shall not receive compensation for any other

20 claim under this title derived from the same covered em21 ployee. A survivor of a claimant who receives compensa22 tion for any claim under this title, except for compensation

23 provided under the authority of section 8103(b) of title

24 5, United States Code, shall not receive compensation for
173

S 2552

1 any other claim under this title derived from the same cov2 ered employee.

3 (c) WIDOW OR WIDOWER.—A widow or widower who

4 is eligible for benefits under this title derived from more

5 than one husband or wife shall elect one benefit to receive.

6 SEC. 3534. COORDINATION OF BENEFITS—STATE WORKERS’

7 COMPENSATION.

8 (a) IN GENERAL.—An individual who is eligible to

9 receive compensation under this title because of a cancer

10 (including a specified cancer), chronic silicosis, covered be11 ryllium illness, or death and who is also entitled to receive

12 benefits because of the same cancer (including a specified

13 cancer), chronic silicosis, covered beryllium illness, or

14 death from a State workers’ compensation system shall

15 elect which such benefits to receive, unless—

16 (1) at the time of injury, workers’ compensation

17 coverage for the employee was secured by a policy or

18 contract of insurance; and

19 (2) the Secretary of Labor waives the require20 ment to make such an election.

21 (b) ELECTION.—The individual shall make the elec22 tion within the time allowed by the Secretary of Labor.

23 The election when made is irrevocable and binding on all

24 survivors of that individual.
174

S 2552

1 (c) COORDINATION.—Except as provided in para2 graph (d), an individual who has been awarded compensa3 tion under this title and who also has received benefits

4 from a State workers’ compensation system because of the

5 same cancer (including a specified cancer), chronic sili6 cosis, covered beryllium illness, or death, shall receive com7 pensation as specified under this title reduced by the

8 amount of any workers’ compensation benefits that the in9 dividual has received under the State workers’ compensa10 tion system as a result of the cancer (including a specified

11 cancer), chronic silicosis, covered beryllium illness, or

12 death attributable to the period subsequent to the effective

13 date of this title, after deducting the reasonable costs, as

14 determined by the Secretary of Labor, of obtaining bene15 fits under the State workers’ compensation system.

16 (d) WAIVER.—An individual described in paragraph

17 (a) who has also received, under paragraph (a)(2), a waiv18 er of the requirement to elect between compensation under

19 this title and benefits under a State workers’ compensa20 tion system shall receive compensation as specified in this

21 title for the cancer (including a specified cancer), chronic

22 silicosis, covered beryllium illness, or death, reduced by 80

23 percent of the net amount of any workers’ compensation

24 benefits that the claimant has received under a State

25 workers’ compensation system attributable to the period
175

S 2552

1 subsequent to the effective date of this title, after deduct2 ing the reasonable costs, as determined by the Secretary

3 of Labor, of obtaining benefits under the State workers’

4 compensation system.

5 SEC. 3535. COORDINATION OF BENEFITS—FEDERAL WORK6 ERS’ COMPENSATION.

7 (a) IN GENERAL.—An individual who is eligible to

8 receive compensation under this title because of a cancer

9 (including a specified cancer), chronic silicosis, covered be10 ryllium illness, or death and who is also entitled to receive

11 benefits because of the same cancer (including a specified

12 cancer), chronic silicosis, covered beryllium illness, or

13 death from another Federal workers’ compensation system

14 shall elect which such benefits to receive.

15 (b) ELECTION.—The individual shall make the elec16 tion within the time allowed by the Secretary of Labor.

17 The election when made is irrevocable and binding on all

18 survivors of that individual.

19 (c) COORDINATION.—An individual who has been

20 awarded compensation under this title and who also has

21 received benefits from another Federal workers’ com22 pensation system because of the same cancer (including

23 a specified cancer), chronic silicosis, covered beryllium ill24 ness, or death, shall receive compensation as specified

25 under this title reduced by the amount of any workers’
176

S 2552

1 compensation benefits that the individual has received

2 under the other Federal workers’ compensation system as

3 a result of the cancer (including a specified cancer), chron4 ic silicosis, covered beryllium illness, or death.

5 SEC. 3536. RECEIPT OF BENEFITS—OTHER STATUTES.

6 An individual may not receive compensation under

7 this title for cancer and also receive compensation under

8 the Radiation Exposure Compensation Act (42 U.S.C.

9 2210 note) or the Radiation-Exposed Veterans Compensa10 tion Act (38 U.S.C. 112(c)).

11 SEC. 3537. DUAL COMPENSATION—FEDERAL EMPLOYEES.

12 (a) LIMITATION.—While a Federal employee is re13 ceiving compensation under this title, or such employee

14 has been paid a lump sum in commutation of installment

15 payments until the expiration of the period during which

16 the installment payments would have continued, such em17 ployee may not receive salary, pay, or remuneration of any

18 type from the United States, except—

19 (1) in return for service actually performed;

20 (2) pension for service in the Army, Navy or

21 Air Force;

22 (3) other benefits administrated by the Depart23 ment of Veterans Affairs unless such benefits are

24 payable for the same covered illness or the same

25 death; and
177

S 2552

1 (4) retired pay, retirement pay, retainer pay, or

2 equivalent pay for service in the Armed Forces or

3 other uniformed service.

4 However, eligibility for or receipt of benefits under sub5 chapter III of chapter 83 of title 5, United States Code,

6 or another retirement system for employees of the Govern7 ment, does not impair the right of the employee to com8 pensation for scheduled disabilities specified by section

9 8107 of title 5, United States Code.

10 SEC. 3538. DUAL COMPENSATION—OTHER EMPLOYEES.

11 An individual entitled to receive compensation under

12 this title because of a cancer (including a specified can13 cer), chronic silicosis, covered beryllium illness, or death

14 covered by this title of a covered employee, who also is

15 entitled to receive from the United States under a provi16 sion of a statute other than this title payments or benefits

17 for that injury, illness or death (except proceeds of an in18 surance policy), because of service by such employee (or

19 in the case of death, by the deceased) as an employee or

20 in the Armed Forces, shall elect which benefits to receive.

21 The individual shall make the election within the time al22 lowed by the Secretary of Labor. The election when made

23 is irrevocable, except as otherwise provided by statute.
178

S 2552

1 SEC. 3539. EXCLUSIVITY OF REMEDY AGAINST THE UNITED

2 STATES, CONTRACTORS, AND SUBCONTRAC3 TORS.

4 (a) IN GENERAL.—The liability of the United States

5 or an instrumentality of the United States under this title

6 with respect to a cancer (including a specified cancer),

7 chronic silicosis, covered beryllium illness, or death of a

8 covered employee is exclusive and instead of all other

9 liability—

10 (1) of—

11 (A) the United States;

12 (B) any instrumentality of the United

13 States;

14 (C) a contractor that contracted with the

15 Department of Energy to provide management

16 and operation, management and integration, or

17 environmental remediation of a Department of

18 Energy facility (in its capacity as a contractor);

19 (D) a subcontractor that provided services,

20 including construction, at a Department of En21 ergy facility (in its capacity as a subcontractor);

22 and

23 (E) an employee, agent, or assign of an en24 tity specified in subparagraphs (A) through

25 (D);

26 (2) to—
179

S 2552

1 (A) the covered employee;

2 (B) the covered employee’s legal represent3 ative, spouse, dependents, survivors and next of

4 kin; and

5 (C) any other person, including any third

6 party as to whom the covered employee has a

7 cause of action relating to the cancer (including

8 a specified cancer), chronic silicosis, covered be9 ryllium illness, or death, otherwise entitled to

10 recover damages from the United States, the

11 instrumentality, the contractor, the subcon12 tractor, or the employee, agent, or assign of one

13 of them;

14 because of the cancer (including a specified cancer), chron15 ic silicosis, covered beryllium illness, or death in any pro16 ceeding or action including a direct judicial proceeding,

17 a civil action, a proceeding in admiralty, or a proceeding

18 under a tort liability statute or the common law.

19 (b) APPLICABILITY.—This section applies to all cases

20 filed on after July 31, 2000.

21 (c) WORKERS’ COMPENSATION.—This section does

22 not apply to an administrative or judicial proceeding under

23 a State or Federal workers’ compensation statute subject

24 to sections 3534 through 3538.
180

S 2552

1 SEC. 3540 ELECTION OF REMEDY AGAINST BERYLLIUM

2 VENDORS AND ATOMIC WEAPONS EMPLOY3 ERS.

4 (a) BERYLLIUM VENDORS.—If an individual elects to

5 accept payment under this title with respect to a covered

6 beryllium illness or death of a covered employee, that ac7 ceptance of payment shall be in full settlement of all tort

8 claims related to such covered beryllium illness or death—

9 (1) against—

10 (A) a beryllium vendor or a contractor or

11 subcontractor of a beryllium vendor; and

12 (B) an employee, agent, or assign of a be13 ryllium vendor or of a contractor or subcon14 tractor of a beryllium vendor;

15 (2) by—

16 (A) that individual;

17 (B) that individual’s legal representative,

18 spouse, dependents, survivors, and next of kin;

19 and

20 (C) any other person, including any third

21 party as to whom a covered employee has a

22 cause of action relating to the covered beryllium

23 illness or death, otherwise entitled to recover

24 damages from the beryllium vendor, the con25 tractor or subcontractor of the beryllium ven26 dor, or the employee, agent, or assign of the be-
181

S 2552

1 ryllium vendor, of the contractor or subcon2 tractor of the beryllium vendor;

3 that arise out of the covered beryllium illness or death in

4 any proceeding or action including a direct judicial pro5 ceeding, a civil action, a proceeding in admiralty, or pro6 ceeding under a tort liability statute or the common law.

7 (b) ATOMIC WEAPONS EMPLOYER.—If an individual

8 elects to accept payment under this title with respect to

9 a cancer (including a specified cancer) or death of a cov10 ered employee, that acceptance of payment shall be in full

11 settlement of all tort claims—

12 (1) against—

13 (A) an atomic weapons employer; and

14 (B) an employee, agent, or assign of an

15 atomic weapons employer;

16 (2) by—

17 (A) that individual;

18 (B) that individual’s legal representative,

19 spouse, dependents, survivors, and next of kin;

20 and

21 (C) any other person, including any third

22 party as to whom a covered employee has a

23 cause of action relating to the cancer (including

24 a specified cancer) or death, otherwise entitled

25 to recover damages from the atomic weapons
182

S 2552

1 employer, or the employee, agent, or assign of

2 the atomic weapons employer;

3 that arise out of the cancer (including a specified cancer)

4 or death in any proceeding or action including a direct

5 judicial proceeding, a civil action, a proceeding in admi6 ralty, or proceeding under a tort liability statute or the

7 common law.

8 (c) APPLICABILITY.—

9 (1) IN GENERAL.—With respect to a case filed

10 after the date of enactment of this title, alleging li11 ability of—

12 (A) a beryllium vendor or a contractor or

13 subcontractor of a beryllium vendor for a cov14 ered beryllium illness or death of a covered be15 ryllium employee; or

16 (B) an atomic weapons employer for a can17 cer (including a specified cancer) or death of a

18 covered employee;

19 the plaintiff shall not be eligible for benefits under

20 this title unless the plaintiff files such case within

21 the applicable time limits in paragraph (2).

22 (2) TIME LIMITS.—

23 (A) SUITS AGAINST BERYLLIUM VEN24 DORS.—Except as provided in subparagraph
183

S 2552

1 (B), a case described in paragraph (1)(A) shall

2 be filed not later than the later of—

3 (i) 180 days after the date of enact4 ment of this title; or

5 (ii) 180 days after the date the plain6 tiff first becomes aware that a covered be7 ryllium illness or death of a covered beryl8 lium employee may be connected to the ex9 posure of the covered employee to beryl10 lium in the performance of duty.

11 (B) NEW DIAGNOSES.—A new period of

12 limitation under subparagraph (A)(ii) shall

13 commence with each new diagnosis of a covered

14 beryllium illness that is different from a pre15 viously diagnosed covered beryllium illness.

16 (C) SUITS AGAINST ATOMIC WEAPONS EM17 PLOYERS.—Except as provided in subparagraph

18 (D), a case described in paragraph (1)(B) shall

19 be filed not later than the later of—

20 (i) 180 days after the date of enact21 ment of this title; or

22 (ii) 180 days after the date the plain23 tiff first becomes aware that a cancer (in24 cluding a specified cancer) or death of a

25 covered employee may be connected to the
184

S 2552

1 exposure of the covered employee to radi2 ation in the performance of duty.

3 (D) NEW DIAGNOSES.—A new period of

4 limitation under subparagraph (C)(ii) shall

5 commence with each new diagnosis of a cancer

6 (including a specified cancer) that is different

7 from a previously diagnosed cancer.

8 (c) WORKERS’ COMPENSATION.—This section does

9 not apply to an administrative or judicial proceeding under

10 a State or Federal workers’ compensation statute subject

11 to sections 3534 through 3538.

12 SEC. 3541. SUBROGATION OF THE UNITED STATES.

13 (a) IN GENERAL.—If a cancer (including a specified

14 cancer), covered beryllium illness, chronic silicosis, dis15 ability, or death for which compensation is payable under

16 this title is caused under circumstances creating a legal

17 liability in a person other than the United States to pay

18 damages, sections 8131 and 8132 of title 5, United States

19 Code, shall apply, except to the extent specified in this

20 title.

21 (b) APPEARANCE OF EMPLOYEE.—For the purposes

22 of this title, the provision in section 8131 of title 5, United

23 States Code, that provides that an employee required to

24 appear as a party or witness in the prosecution of an ac-
185

S 2552

1 tion described in that section is in an active duty status

2 while so engaged shall only apply to a Federal employee.

3 SEC. 3542. ENERGY EMPLOYEES’ OCCUPATIONAL ILLNESS

4 COMPENSATION FUND.

5 (a) ESTABLISHMENT.—There is hereby established

6 on the books of the Treasury a fund to be known as the

7 Energy Employees’ Occupational Illness Compensation

8 Fund. The Secretary of the Treasury shall transfer to the

9 Fund from the general fund of the Treasury the amounts

10 necessary to carry out the purposes of this title.

11 (b) USE OF THE FUND.—Amounts in the Fund shall

12 be used for the payment of compensation under this title

13 and other benefits and expenses authorized by this title

14 or any extension or application thereof, and for payment

15 of all expenses of the administration of this title.

16 (c) COST DETERMINATIONS.—(1) Within 45 days of

17 the end of every quarter of every fiscal year, the Secretary

18 of Labor shall determine the total costs of compensation,

19 benefits, administrative expenses, and other payments

20 made from the Fund during the quarter just ended; the

21 end-of-quarter balance in the Fund; and the amount an22 ticipated to be needed during the immediately succeeding

23 two quarters for the payment of compensation, benefits,

24 and administrative expenses under this title.
186

S 2552

1 (2) In making the determination under paragraph

2 (1), the Secretary of Labor shall include, without amend3 ment, information provided by the Secretary of Energy

4 and the Secretary of Health and Human Services on the

5 total costs and amounts anticipated to be needed for their

6 activities under this title.

7 (3) Each cost determination made in the last quarter

8 of the fiscal year under paragraph (1) shall show, in addi9 tion, the total costs of compensation, benefits, administra10 tive expenses, and other payments from the Fund during

11 the preceding 12-month expense period and an estimate

12 of the expenditures from the Fund for the payment of

13 compensation, benefits, administrative expenses, and other

14 payments for each of the immediately succeeding two fis15 cal years.

16 (d) ASSURING AVAILABLE BALANCE IN THE

17 FUND.—Upon application of the Secretary of Labor, the

18 Secretary of the Treasury shall advance such sums from

19 the Treasury as are projected by the Secretary of Labor

20 to be necessary, for the period of time equaling the date

21 of a projected deficiency in the Fund through 90 days fol22 lowing the end of the fiscal year, for the payment of com23 pensation and other benefits and expenses authorized by

24 this title or any extension or application thereof, and for

25 payment of all expenses of administering this title.
187

S 2552

1 SEC. 3543. EFFECTIVE DATE.

2 This title is effective upon enactment, and applies to

3 all claims, civil actions, and proceedings pending on, or

4 filed on or after, the date of enactment of this title.

5 SEC. 3544. TECHNICAL AND CONFORMING AMENDMENTS.

6 (a) Section 1920 of title 18 is amended by inserting

7 in the title ‘‘or Energy employee’s’’ after ‘‘Federal employ8 ee’s’’ and by inserting ‘‘or the Energy Employees’ Occupa9 tional Illness Compensation Act of 2000’’ after ‘‘title 5’’.

10 (b) Section 1921 of title 18 is amended by inserting

11 in the title ‘‘or Energy employees’’ after ‘‘Federal employ12 ees’’ and by inserting ‘‘or the Energy Employees’ Occupa13 tional Illness Compensation Act of 2000’’ after ‘‘title 5’’.

14 (c) Section 210(a)(1) of the Energy Reorganization

15 Act of 1974 (42 U.S.C. 5851(a)(1)) is amended by—

16 (1) in subparagraph (E), striking ‘‘or;’’ and in17 serting ‘‘;’’,

18 (2) in subparagraph (F), striking the period

19 and inserting ‘‘; or’’, and

20 (3) after subparagraph (F) inserting a new sub21 paragraph as follows:

22 ‘‘(G) filed an application for benefits or as23 sistance under the Energy Employees Occupa24 tional Illness Compensation Act of 2000’’.
188

S 2552

1 (d) Title II of the Department of Energy Organiza2 tion Act (P.L. 95–91) is amended by adding at the end

3 of the title the following:

4 ‘‘OFFICE OF WORKERS’ COMPENSATION ADVOCATE

5 ‘‘SEC. 217. (a) There shall be within the Department

6 an Office of Workers’ Compensation Advocate. The Office

7 shall be headed by a Director who shall be appointed by

8 the Secretary. The Director shall be compensated at the

9 rate provided for in level IV of the Executive Schedule

10 under section 5315 of title 5, United States Code.

11 ‘‘(b) The Director shall be responsible for providing

12 information, research reports, and studies to support the

13 implementation of the Energy Employees’ Occupational

14 Illness Compensation Act of 2000. Not later than 90 days

15 after the date of enactment of this section, the Director

16 shall enter into memoranda of agreement to provide for

17 coordination of the efforts of the office with the Depart18 ment of Labor and the Department of Health and Human

19 Services.

20 ‘‘(c) The Director shall coordinate efforts within the

21 Department to collect and make available to present and

22 former employees of the Department and its predecessor

23 agencies, present and former employees of contractors and

24 subcontractors to the Department and its predecessor

25 agencies, and other individuals who are or were present

26 at facilities owned or operated by the Department or its
189

S 2552

1 predecessor agencies information on occupational condi2 tions and exposures to health hazards. Such information

3 shall include information on substances and their chemical

4 forms to which employees may have been exposed, records

5 and studies relevant to determining occupational hazards,

6 raw dosimetry and industrial hygiene data, results from

7 medical screening programs, accident and other relevant

8 occurrence reports, and reports, assessments, or reviews

9 by contractors, consultants, or external entities relevant

10 to assessing risk of occupational hazards or illness.

11 ‘‘(d) If the Director determines that—

12 ‘‘(1) an entity within the Department or an en13 tity that is the recipient of a Departmental grant,

14 contract, or cooperative agreement possesses infor15 mation necessary to carry out the provisions of the

16 Energy Employees’ Occupational Illness Compensa17 tion Act of 2000; and

18 ‘‘(2) the production and sharing of that infor19 mation under the provisions of the Energy Employ20 ees’ Occupational Illness Compensation Act of 2000

21 is being unreasonably delayed;

22 the Director shall have the authority, notwithstanding sec23 tion 3213 of the National Nuclear Security Administration

24 Act, to direct such entity to produce expeditiously such

25 information in accordance with the provisions of this sec-
190

S 2552

1 tion and the Energy Employees’ Occupational Illness

2 Compensation Act of 2000.

3 ‘‘(e) The Director shall take actions to inform and

4 assist potential claimants under the Energy Employees’

5 Occupational Illness Compensation Act of 2000, pursuant

6 to section 3515(e) of such Act.’’.

Passed the Senate July 13, 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 2552

AN ACT

To authorize appropriations for fiscal year 2001 for

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