H. R. 4546—285
nuclear nonproliferation, up to $5,000,000 may be available for
carrying out this section.
SEC. 3160. PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE
NUCLEAR MATERIALS.
(a) PLAN FOR ACCELERATED RETURN.—The Secretary of Energy
shall work with the Russian Federation to develop a plan to accel-
erate the return to Russia of all weapons-usable nuclear materials
located in research reactors and other facilities outside Russia that
were supplied by the former Soviet Union.
(b) FUNDING AND SCHEDULES.—As part of the plan under sub-
section (a), the Secretary shall identify the funding and schedules
required to assist the research reactors and facilities referred to
in that subsection in—
(1) transferring highly enriched uranium to Russia; and
(2) upgrading the materials protection, control, and
accounting procedures at such research reactors and facilities
until the weapons-usable nuclear materials in such reactors
and facilities are returned in accordance with that subsection.
(c) COORDINATION.—The provision of assistance under sub-
section (b) shall be closely coordinated with the International Atomic
Energy Agency.
SEC. 3161. SENSE OF CONGRESS ON AMENDMENT OF CONVENTION
ON PHYSICAL PROTECTION OF NUCLEAR MATERIALS.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the President should encourage amendment of the Convention on
the Physical Protection of Nuclear Materials in order to provide
that the Convention shall—
(1) apply to both the domestic and international use and
transport of nuclear materials;
(2) incorporate fundamental practices for the physical
protection of such materials; and
(3) address protection against sabotage involving nuclear
materials.
(b) CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR
MATERIAL DEFINED.—In this section, the term ‘‘Convention on the
Physical Protection of Nuclear Materials’’ means the Convention
on the Physical Protection of Nuclear Materials, With Annex, done
at Vienna on October 26, 1979.
SEC. 3162. SENSE OF CONGRESS ON PROGRAM TO SECURE STOCKPILES
OF HIGHLY ENRICHED URANIUM AND PLUTONIUM.
It is the sense of Congress that the Secretary of Energy should,
in consultation with the Secretary of State and Secretary of Defense,
develop a comprehensive program of activities to encourage all
countries with nuclear materials to adhere to, or to adopt standards
equivalent to, the International Atomic Energy Agency standard
on The Physical Protection of Nuclear Material and Nuclear Facili-
ties (INFCIRC/225/Rev.4), relating to the security of stockpiles of
highly enriched uranium (HEU) and plutonium (Pu).
H. R. 4546—286
Subtitle D—Other Matters
SEC. 3171. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRAC-
TORS.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42
U.S.C. 2210(d)(1)(A)) is amended by striking ‘‘until August 1, 2002,’’
and inserting ‘‘until December 31, 2004,’’.
SEC. 3172. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) SUPPORT FOR FISCAL YEAR 2003.—From amounts authorized
to be appropriated to the Secretary of Energy by this title,
$6,900,000 shall be available for payment by the Secretary for
fiscal year 2003 to the Los Alamos National Laboratory Foundation,
a not-for-profit foundation chartered as described in section 3167(a)
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 2052).
(b) USE OF FUNDS.—The foundation referred to in subsection
(a) shall—
(1) utilize funds provided under this section as a contribu-
tion to the endowment fund for the foundation; and
(2) use the income generated from investments in the
endowment fund that are attributable to the payment made
under this section to fund programs to support the educational
needs of children in the public schools in the vicinity of Los
Alamos National Laboratory, New Mexico.
(c) REPEAL OF SUPERSEDED AUTHORITY AND MODIFICATION OF
AUTHORITY TO EXTEND CONTRACT.—(1) Subsection (b) of section
3136 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107–107; 115 Stat. 1368) is amended to read
as follows:
‘‘(b) SUPPORT FOR FISCAL YEARS 2003 THROUGH 2005.—Subject
to the availability of appropriations, the Secretary may provide
for a contract extension through fiscal year 2005 similar to the
contract extension referred to in subsection (a)(2).’’.
(2) The amendment made by paragraph (1) shall take effect
on October 1, 2002.
(d) REPORT.—(1) The Secretary of Energy, in consultation with
the Administrator for Nuclear Security, shall conduct a study of
options for funding the contract extension authorized by subsection
(b) of such section 3136 (as amended by subsection (c)) other than
through annual appropriations. The study should also include
options for providing cost of living adjustments to teachers in the
public schools in the vicinity of Los Alamos National Laboratory,
New Mexico, other than through such contract extension.
(2) Not later than December 31, 2003, the Secretary shall
submit to the congressional defense committees a report on the
study conducted under paragraph (1). The report shall set forth
the findings and conclusions of the study, together with any rec-
ommendations as a result of the study.
SEC. 3173. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT
OF ENERGY NUCLEAR FACILITIES.
(a) WORKER HEALTH AND SAFETY RULES.—The Atomic Energy
Act of 1954 is amended by inserting after section 234B (42 U.S.C.
2282b) the following new section:
H. R. 4546—287
‘‘SEC. 234C. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT
OF ENERGY NUCLEAR FACILITIES.
‘‘a. REGULATIONS REQUIRED.—
‘‘(1) IN GENERAL.—The Secretary shall promulgate regula-
tions for industrial and construction health and safety at
Department of Energy facilities that are operated by contractors
covered by agreements of indemnification under section 170
d. of the Atomic Energy Act of 1954, after public notice and
opportunity for comment under section 553 of title 5, United
States Code (commonly known as the ‘Administrative Procedure
Act’). Such regulations shall, subject to paragraph (3), provide
a level of protection for workers at such facilities that is
substantially equivalent to the level of protection currently
provided to such workers at such facilities.
‘‘(2) APPLICABILITY.—The regulations promulgated under
paragraph (1) shall not apply to any facility that is a component
of, or any activity conducted under, the Naval Nuclear Propul-
sion Program provided for under Executive Order No. 12344,
dated February 1, 1982 (42 U.S.C. 7158 note) (as in force
pursuant to section 1634 of the Department of Defense
Authorization Act, 1985 (Public Law 98–525; 42 U.S.C. 7158
note)).
‘‘(3) FLEXIBILITY.—In promulgating the regulations under
paragraph (1), the Secretary shall include flexibility—
‘‘(A) to tailor implementation of such regulations to
reflect activities and hazards associated with a particular
work environment;
‘‘(B) to take into account special circumstances at a
facility that is, or is expected to be, permanently closed
and that is expected to be demolished, or title to which
is expected to be transferred to another entity for reuse;
and
‘‘(C) to achieve national security missions of the
Department of Energy in an efficient and timely manner.
‘‘(4) NO EFFECT ON HEALTH AND SAFETY ENFORCEMENT.—
This subsection does not diminish or otherwise affect the
enforcement or the application of any other law, regulation,
order, or contractual obligation relating to worker health and
safety.
‘‘b. CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—A person (or any subcontractor or sup-
plier of the person) who has entered into an agreement of
indemnification under section 170 d. (or any subcontractor or
supplier of the person) that violates (or is the employer of
a person that violates) any regulation promulgated under sub-
section a. shall be subject to a civil penalty of not more than
$70,000 for each such violation.
‘‘(2) CONTINUING VIOLATIONS.—If any violation under this
subsection is a continuing violation, each day of the violation
shall constitute a separate violation for the purpose of com-
puting the civil penalty under paragraph (1).
‘‘c. CONTRACT PENALTIES.—
‘‘(1) IN GENERAL.—The Secretary shall include in each con-
tract with a contractor of the Department who has entered
into an agreement of indemnification under section 170 d. provi-
sions that provide an appropriate reduction in the fees or
amounts paid to the contractor under the contract in the event
H. R. 4546—288
of a violation by the contractor or contractor employee of any
regulation promulgated under subsection a.
‘‘(2) CONTENTS.—The provisions shall specify various
degrees of violations and the amount of the reduction attrib-
utable to each degree of violation.
‘‘d. COORDINATION OF PENALTIES.—
‘‘(1) CHOICE OF PENALTIES.—For any violation by a person
of a regulation promulgated under subsection a., the Secretary
shall pursue either civil penalties under subsection b. or con-
tract penalties under subsection c., but not both.
‘‘(2) MAXIMUM AMOUNT.—In the case of an entity described
in subsection d. of section 234A, the total amount of civil
penalties under subsection b. and contract penalties under sub-
section c. in a fiscal year may not exceed the total amount
of fees paid by the Department of Energy to that entity in
that fiscal year.
‘‘(3) COORDINATION
WITH
SECTION
234A.—The Secretary
shall ensure that a contractor of the Department is not penal-
ized both under this section and under section 234A for the
same violation.’’.
(b) PROMULGATION OF INITIAL REGULATIONS.—
(1) DEADLINE FOR PROMULGATING REGULATIONS.—The Sec-
retary of Energy shall promulgate the regulations required
by subsection a. of section 234C of the Atomic Energy Act
of 1954 (as added by subsection (a)) not later than one year
after the date of the enactment of this Act.
(2) EFFECTIVE DATE.—The regulations promulgated under
paragraph (1) shall take effect on the date that is one year
after the promulgation date of the regulations.
(c) PROHIBITION.—The Secretary of Energy shall not participate
in or otherwise support any study or other project relating to
a modification in the scope of the regulations enforceable by civil
penalties under section 234A or 234C of the Atomic Energy Act
of 1954, or the responsibility of the Secretary to implement and
enforce such regulations, until after the date on which the regula-
tions for such purposes under such section 234C take effect in
accordance with subsection (b).
SEC. 3174. EXTENSION OF AUTHORITY TO APPOINT CERTAIN SCI-
ENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization Act
for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking
‘‘September 30, 2002’’ and inserting ‘‘September 30, 2004’’.
SEC. 3175. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE RELI-
ABILITY, SAFETY, AND SECURITY OF THE UNITED STATES
NUCLEAR STOCKPILE.
Section 3159 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note) is
amended—
(1) in subsection (f), by striking ‘‘atomic energy defense
activities’’ and inserting ‘‘the National Nuclear Security
Administration’’;
(2) in subsection (g), by striking ‘‘three years’’ and all
that follows through the period at the end and inserting ‘‘April
1, 2003.’’; and
(3) by adding at the end the following new subsection: