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‘‘(1) serves concurrently in a position in the Ad-
ministration and a position outside the Administra-
tion; or
‘‘(2) performs concurrently the duties of a posi-
tion in the Administration and the duties of a posi-
tion outside the Administration.’’.
SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF
THE NATIONAL NUCLEAR SECURITY ADMINIS-
TRATION.
(a) PLAN REQUIRED.—Not later than March 1, 2001,
the Administrator of the National Nuclear Security Admin-
istration shall submit to the Committees on Armed Services
of the Senate and House of Representatives a plan for as-
signing roles and responsibilities to and among the head-
quarters and field organizational units of the National Nu-
clear Security Administration.
(b) PLAN ELEMENTS.—The plan shall include the fol-
lowing:
(1) A general description of the organizational
structure of the administrative functions of the Na-
tional Nuclear Security Administration under the
plan, including the authorities and responsibilities to
be vested in the units of the headquarters, operations
offices, and area offices of the Administration.
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(2) A description of any downsizing, elimi-
nation, or consolidation of units of the headquarters,
operations offices, and area offices of the Administra-
tion that may be necessary to enhance the efficiency
of the Administration.
(3) A description of the modifications of staffing
levels of the headquarters, operations offices, and area
offices of the Administration, including any reduc-
tions in force, employment of additional personnel, or
realignments of personnel, that are necessary to im-
plement the plan.
(4) A schedule for the implementation of the
plan.
(c) INCLUDED FACILITIES.—The plan shall address
any administrative units in the National Nuclear Security
Administration, including units in and under the fol-
lowing:
(1) The Department of Energy Headquarters,
Washington, District of Columbia, metropolitan area.
(2) The Albuquerque Operations Office, Albu-
querque, New Mexico.
(3) The Nevada Operations Office, Las Vegas,
Nevada.
(4) The Oak Ridge Operations Office, Oak Ridge,
Tennessee.
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(5) The Oakland Operations Office, Oakland,
California.
(6) The Savannah River Operations Office,
Aiken, South Carolina.
(7) The Los Alamos Area Office, Los Alamos,
New Mexico.
(8) The Kirtland Area Office, Albuquerque, New
Mexico.
(9) The Amarillo Area Office, Amarillo, Texas.
(10) The Kansas City Area Office, Kansas City,
Missouri.
SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.
(a) PROGRAM REQUIRED.—(1) The Under Secretary
for Nuclear Security of the Department of Energy shall sub-
mit to the congressional defense committees a future-years
nuclear security program (including associated annexes) for
fiscal year 2001 and the five succeeding fiscal years.
(2) The program shall reflect the estimated expendi-
tures and proposed appropriations included in the budget
for fiscal year 2001 that is submitted to Congress in 2000
under section 1105(a) of title 31, United States Code.
(b) PROGRAM DETAIL.—The level of detail of the pro-
gram submitted under subsection (a) shall be equivalent to
the level of detail in the Project Baseline Summary system
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of the Department of Energy, if practicable, but in no event
below the following:
(1) In the case of directed stockpile work, detail
as follows:
(A) Stockpile research and development.
(B) Stockpile maintenance.
(C) Stockpile evaluation.
(D) Dismantlement and disposal.
(E) Production support.
(F) Field engineering, training, and manu-
als.
(2) In the case of campaigns, detail as follows:
(A) Primary certification.
(B) Dynamic materials properties.
(C) Advanced radiography.
(D) Secondary certification and nuclear
system margins.
(E) Enhanced surety.
(F) Weapons system engineering certifi-
cation.
(G) Certification in hostile environments.
(H) Enhanced surveillance.
(I) Advanced design and production tech-
nologies.
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(J) Inertial confinement fusion (ICF) igni-
tion and high yield.
(K) Defense computing and modeling.
(L) Pit manufacturing readiness.
(M) Secondary readiness.
(N) High explosive readiness.
(O) Nonnuclear readiness.
(P) Materials readiness.
(Q) Tritium readiness.
(3) In the case of readiness in technical base and
facilities, detail as follows:
(A) Operation of facilities.
(B) Program readiness.
(C) Special projects.
(D) Materials recycle and recovery.
(E) Containers.
(F) Storage.
(4) In the case of secure transportation assets,
detail as follows:
(A) Operation and maintenance.
(B) Program direction relating to transpor-
tation.
(5) Program direction.
(6) Construction (listed by project number).
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(7) In the case of safeguards and security, detail
as follows:
(A) Operation and maintenance.
(B) Construction.
(c) DEADLINE FOR SUBMITTAL.—The future-years nu-
clear security program required by subsection (a) shall be
submitted not later than November 1, 2000.
(d) LIMITATION ON USE OF FUNDS PENDING SUB-
MITTAL.—Not more than 65 percent of the funds authorized
to be appropriated or otherwise made available for the De-
partment of Energy for fiscal year 2001 by section
3101(a)(1)(C) may be obligated or expended until 45 days
after the date on which the Under Secretary of Energy for
Nuclear Security submits to the congressional defense com-
mittees the program required by subsection (a).
SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT
OF THE NATIONAL NUCLEAR SECURITY AD-
MINISTRATION.
(a) OBJECTIVE FOR OBLIGATION OF FUNDS.—It shall
be an objective of the Administrator of the National Nuclear
Security Administration to obligate funds for cooperative
research and development agreements (as that term is de-
fined in section 12(d)(1) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or
similar cooperative, cost-shared research partnerships with
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non-Federal organizations, in a fiscal year covered by sub-
section (b) in an amount at least equal to the percentage
of the total amount appropriated for the Administration
for such fiscal year that is specified for such fiscal year
under subsection (b).
(b) FISCAL YEAR PERCENTAGES.—The percentages of
funds appropriated for the National Nuclear Security Ad-
ministration that are obligated in accordance with the ob-
jective under subsection (a) are as follows:
(1) In each of fiscal years 2001 and 2002, 0.5
percent.
(2) In any fiscal year after fiscal year 2002, the
percentage recommended by the Administrator for
each such fiscal year in the report under subsection
(c).
(c) RECOMMENDATIONS FOR PERCENTAGES IN LATER
FISCAL YEARS.—Not later than one year after the date of
the enactment of this Act, the Administrator shall submit
to the congressional defense committees a report setting
forth the Administrator’s recommendations for appropriate
percentages of funds appropriated for the National Nuclear
Security Administration to be obligated for agreements de-
scribed in subsection (a) during each fiscal year covered by
the report.
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(d) CONSISTENCY OF AGREEMENTS.—Any agreement
entered into under this section shall be consistent with and
in support of the mission of the National Nuclear Security
Administration.
(e) REPORTS ON ACHIEVEMENT OF OBJECTIVE.—(1)
Not later than March 30, 2002, and each year thereafter,
the Administrator shall submit to the congressional defense
committees a report on whether funds of the National Nu-
clear Security Administration were obligated in the fiscal
year ending in the preceding year in accordance with the
objective for such fiscal year under this section.
(2) If funds were not obligated in a fiscal year in ac-
cordance with the objective under this section for such fiscal
year, the report under paragraph (1) shall—
(A) describe the actions the Administrator pro-
poses to take to ensure that the objective under this
section for the current fiscal year and future fiscal
years will be met; and
(B) include any recommendations for legislation
required to achieve such actions.
SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECU-
RITY ADMINISTRATION OPERATIONS OFFICE
COMPLEX.
(a) AUTHORITY FOR DESIGN AND CONSTRUCTION.—
Subject to subsection (b), the Administrator of the National
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Nuclear Security Administration may provide for the de-
sign and construction of a new operations office complex
for the National Nuclear Security Administration in ac-
cordance with the feasibility study regarding such oper-
ations office complex conducted under the National Defense
Authorization Act for Fiscal Year 2000.
(b) LIMITATION.—The Administrator may not exercise
the authority in subsection (a) until the later of—
(1) 30 days after the date on which the plan re-
quired by section 3135(a) is submitted to the Commit-
tees on Armed Services of the Senate and House of
Representatives under that section; or
(2) the date on which the Administrator certifies
to Congress that the design and construction of the
complex in accordance with the feasibility study is
consistent with the plan required by section 3135(a).
(c) BASIS OF AUTHORITY.—The design and construc-
tion of the operations office complex authorized by sub-
section (a) shall be carried out through one or more energy
savings performance contracts (ESPC) entered into under
this section and in accordance with the provisions of title
VIII of the National Energy Policy Conservation Act (42
U.S.C. 8287 et seq.).
(d) PAYMENT OF COSTS.—Amounts for payments of
costs associated with the construction of the operations office
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complex authorized by subsection (a) shall be derived from
energy savings and ancillary operation and maintenance
savings that result from the replacement of a current De-
partment of Energy operations office complex (as identified
in the feasibility study referred to in subsection (a)) with
the operations office complex authorized by subsection (a).
Subtitle 
D—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3151. PROCESSING, TREATMENT, AND DISPOSITION OF
LEGACY NUCLEAR MATERIALS.
(a) CONTINUATION.—The Secretary of Energy shall
continue operations and maintain a high state of readiness
at the F-canyon and H-canyon facilities at the Savannah
River Site, Aiken, South Carolina, and shall provide tech-
nical staff necessary to operate and so maintain such facili-
ties.
(b) LIMITATION ON USE OF FUNDS FOR DECOMMIS-
SIONING OF F-CANYON FACILITY.—No amounts authorized
to be appropriated or otherwise made available for the De-
partment of Energy by this Act or any other Act may be
obligated or expended for purposes of commencing the de-
commissioning of the F-canyon facility at the Savannah
River Site, including any studies and planning relating to
such decommissioning, until the Secretary and the Defense
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Nuclear Facilities Safety Board jointly submit to the con-
gressional defense committees a certification as follows:
(1) That all materials present in the facility as
of the date of the certification are safely stabilized.
(2) That requirements applicable to the facility
in order to meet the future needs of the United States
for fissile materials disposition can be met fully uti-
lizing the H-canyon facility at the Savannah River
Site.
(c) PLAN FOR TRANSFER OF LONG-TERM CHEMICAL
SEPARATION ACTIVITIES.—Not later than February 15,
2001, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a plan for the transfer of all long-term chemical separation
activities from the F-canyon facility to the H-canyon facil-
ity at the Savannah River Site commencing in fiscal year
2002.
SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION
PROGRAM.
(a) CONTINGENT LIMITATION
ON AVAILABILITY
OF
FUNDS FOR CERTAIN TRAVEL EXPENSES.—Subject to the
provisions of this section, no funds authorized to be appro-
priated or otherwise made available for the Department of
Energy by this or any other Act may be obligated or ex-
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pended for travel by the Secretary of Energy or any employ-
ees of the Office of the Secretary of Energy.
(b) APPLICABILITY.—The prohibition in subsection (a)
shall take effect on March 1, 2001, unless the Secretary of
Energy makes a certification to the congressional defense
committees before that date that the Department of Energy
is in compliance with the requirements of section 3131 of
the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106–65; 113 Stat. 925; 10 U.S.C. 2701
note).
(c) TERMINATION.—If the prohibition in subsection (a)
takes effect under subsection (b), the prohibition shall re-
main in effect until the date on which the Secretary makes
the certification described in subsection (b).
SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
(a) NUCLEAR MATERIALS PROTECTION, CONTROL,
AND ACCOUNTING PROGRAM.—(1) Not later than January
1, 2001, and each year thereafter, the Secretary of Energy
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the status
of efforts during the preceding fiscal year under the Nuclear
Materials Protection, Control, and Accounting Program of
the Department of Energy to secure weapons-usable nuclear
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materials in Russia that have been identified as being at
risk for theft or diversion.
(2) Each report under paragraph (1) shall set forth
the following:
(A) The number of buildings, including building
locations, that received complete and integrated mate-
rials protection, control, and accounting systems for
nuclear materials described in paragraph (1) during
the year covered by such report.
(B) The amounts of highly enriched uranium
and plutonium in Russia that have been secured
under systems described in subparagraph (A) as of
the date of such report.
(C) The amount of nuclear materials described
in paragraph (1) that continues to require securing
under systems described in subparagraph (A) as of
the date of such report.
(D) A plan for actions to secure the nuclear ma-
terials identified in subparagraph (C) under systems
described in subparagraph (A), including an estimate
of the cost of such actions.
(E) The amounts expended through the fiscal
year preceding the date of such report to secure nu-
clear materials described in paragraph (1) under sys-
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tems described in subparagraph (A), set forth by total
amount and by amount per fiscal year.
(3)(A) No amounts authorized to be appropriated for
the Department of Energy by this Act or any other Act for
purposes of the Nuclear Materials Protection, Control, and
Accounting Program may be obligated or expended after
September 30, 2000, for any project under the program at
a nuclear weapons complex in Russia until the Secretary
submits to the Committees on Armed Services of the Senate
and House of Representatives a report on the access policy
established with respect to such project, including a certifi-
cation that the access policy has been implemented.
(B) The access policy with respect to a project under
this paragraph shall—
(i) permit appropriate determinations by United
States officials regarding security requirements, in-
cluding security upgrades, for the project; and
(ii) ensure verification by United States officials
that Department of Energy assistance at the project
is being used for the purposes intended.
(b) NUCLEAR CITIES INITIATIVE.—(1)(A) Except as
provided in subparagraph (B), no amounts authorized to
be appropriated or otherwise made available for the Depart-
ment of Energy for fiscal year 2001 for the Nuclear Cities
Initiative may be obligated or expended for purposes of pro-
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viding assistance under the Initiative until 30 days after
the date on which the Secretary of Energy submits to the
Committees on Armed Services of the Senate and House of
Representatives a copy of an agreement described in sub-
paragraph (C).
(B) Subparagraph (A) shall not apply with respect to
the obligation or expenditure of funds for purposes of pro-
viding assistance under the Nuclear Cities Initiative to the
following:
(i) Not more than three nuclear cities in Russia.
(ii) Not more than two serial production facili-
ties in Russia.
(C) An agreement referred to in this subparagraph is
a written agreement between the United States Government
and the Government of the Russian Federation which pro-
vides that Russia will close some of its facilities engaged
in nuclear weapons assembly and disassembly work.
(2)(A) Of the amounts appropriated or otherwise made
available for the Department of Energy for fiscal year 2001
for the Nuclear Cities Initiative, not more than 50 percent
of such amounts may be obligated or expended for purposes
of the Initiative until the Secretary of Energy establishes
and implements project review procedures for projects under
the Initiative.
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(B) The project review procedures established under
subparagraph (A) shall ensure that any scientific, technical,
or commercial project initiated under the Nuclear Cities
Initiative—
(i) shall not enhance the military or weapons of
mass destruction capabilities of Russia;
(ii) shall not result in the inadvertent transfer or
utilization of products or activities under such project
for military purposes;
(iii) shall be commercially viable; and
(iv) shall be carried out in conjunction with an
appropriate commercial, industrial, or other non-
profit entity as partner.
(C) Not later than January 1, 2001, the Secretary of
Energy shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
project review procedures established and implemented
under this paragraph.
(3) In this subsection, the term ‘‘Nuclear Cities Initia-
tive’’ means the initiative arising pursuant to the March
1998 discussion between the Vice President of the United
States and the Prime Minister of the Russian Federation
and between the Secretary of Energy of the United States
and the Minister of Atomic Energy of the Russian Federa-
tion.
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(c) INTERNATIONAL NUCLEAR SECURITY PROGRAM.—
Amounts authorized to be appropriated or otherwise made
available by this title for the Department of Energy for fis-
cal year 2001 for the International Nuclear Security Pro-
gram in the former Soviet Union and Eastern Europe shall
be available only for purposes of reactor safety upgrades
and training relating to nuclear operator and reactor safe-
ty.
SEC. 
3154. 
MODIFICATION 
OF 
COUNTERINTELLIGENCE
POLYGRAPH PROGRAM.
(a) COVERED PERSONS.—Subsection (b) of section
3154 of the Department of Energy Facilities Safeguards,
Security, and Counterintelligence Enhancement Act of 1999
(subtitle D of title XXXI of Public Law 106–65; 113 Stat.
941; 42 U.S.C. 7383h) is amended to read as follows:
‘‘(b) COVERED PERSONS.—(1) Subject to paragraph
(2), for purposes of this section, a covered person is one
of the following:
‘‘(A) An officer or employee of the Department.
‘‘(B) An expert or consultant under contract to
the Department.
‘‘(C) An officer or employee of a contractor of the
Department.
‘‘(D) An individual assigned or detailed to the
Department.
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‘‘(E) An applicant for a position in the Depart-
ment.
‘‘(2) A person described in paragraph (1) is a covered
person for purposes of this section only if the position of
the person, or for which the person is applying, under that
paragraph is a position in one of the categories of positions
listed in section 709.4 of title 10, Code of Federal Regula-
tions.’’.
(b) HIGH-RISK PROGRAMS.—Subsection (c) of that
section is amended to read as follows:
‘‘(c) HIGH-RISK PROGRAMS.—For purposes of this sec-
tion, high-risk programs are the following:
‘‘(1) The programs known as Special Access Pro-
grams and Personnel Security and Assurance Pro-
grams.
‘‘(2) Any other program or position category
specified in section 709.4 of title 10, Code of Federal
Regulations.’’.
(c) AUTHORITY TO WAIVE EXAMINATION REQUIRE-
MENT.—Subsection (d) of that section is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new para-
graphs:
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‘‘(2) Subject to paragraph (3), the Secretary may, after
consultation with appropriate security personnel, waive the
applicability of paragraph (1) to a covered person—
‘‘(A) if—
‘‘(i) the Secretary determines that the waiv-
er is important to the national security interests
of the United States;
‘‘(ii) the covered person has an active secu-
rity clearance; and
‘‘(iii) the covered person acknowledges in a
signed writing that the capacity of the covered
person to perform duties under a high-risk pro-
gram after the expiration of the waiver is condi-
tional upon meeting the requirements of para-
graph (1) within the effective period of the waiv-
er;
‘‘(B) if another Federal agency certifies to the
Secretary that the covered person has completed suc-
cessfully a full-scope or counterintelligence-scope poly-
graph examination during the 5-year period ending
on the date of the certification; or
‘‘(C) if the Secretary determines, after consulta-
tion with the covered person and appropriate medical
personnel, that the treatment of a medical or psycho-
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logical condition of the covered person should preclude
the administration of the examination.
‘‘(3)(A) The Secretary may not commence the exercise
of the authority under paragraph (2) to waive the applica-
bility of paragraph (1) to any covered persons until 15 days
after the date on which the Secretary submits to the appro-
priate committees of Congress a report setting forth the cri-
teria to be utilized by the Secretary for determining when
a waiver under paragraph (2)(A) is important to the na-
tional security interests of the United States. The criteria
shall include an assessment of counterintelligence risks and
programmatic impacts.
‘‘(B) Any waiver under paragraph (2)(A) shall be ef-
fective for not more than 120 days.
‘‘(C) Any waiver under paragraph (2)(C) shall be ef-
fective for the duration of the treatment on which such
waiver is based.
‘‘(4) The Secretary shall submit to the appropriate
committees of Congress on a semi-annual basis a report on
any determinations made under paragraph (2)(A) during
the 6-month period ending on the date of such report. The
report shall include a national security justification for
each waiver resulting from such determinations.
‘‘(5) In this subsection, the term ‘appropriate commit-
tees of Congress’ means the following:
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‘‘(A) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
‘‘(B) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the
House of Representatives.
‘‘(6) It is the sense of Congress that the waiver author-
ity in paragraph (2) not be used by the Secretary to exempt
from the applicability of paragraph (1) any covered persons
in the highest risk categories, such as persons who have ac-
cess to the most sensitive weapons design information and
other highly sensitive programs, including special access
programs.
‘‘(7) The authority under paragraph (2) to waive the
applicability of paragraph (1) to a covered person shall ex-
pire on September 30, 2002.’’.
(d) SCOPE
OF COUNTERINTELLIGENCE POLYGRAPH
EXAMINATION.—Subsection (f) of that section is amended—
(1) by inserting ‘‘terrorism,’’ after ‘‘sabotage,’’;
and
(2) by inserting ‘‘deliberate damage to or mali-
cious misuse of a United States Government informa-
tion or defense system,’’ before ‘‘and’’.
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SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT
CLOSURE PROJECT FACILITIES.
(a) AUTHORITY TO PROVIDE INCENTIVES.—Notwith-
standing any other provision of law, the Secretary of En-
ergy may provide to any eligible employee of the Depart-
ment of Energy one or more of the incentives described in
subsection (d).
(b) ELIGIBLE EMPLOYEES.—An individual is an eligi-
ble employee of the Department of Energy for purposes of
this section if the individual—
(1) has worked continuously at a closure facility
for at least two years;
(2) is an employee (as that term is defined in
section 2105(a) of title 5, United States Code);
(3) has a fully satisfactory or equivalent per-
formance rating during the most recent performance
period and is not subject to an adverse notice regard-
ing conduct; and
(4) meets any other requirement or condition
under subsection (d) for the incentive which is pro-
vided the employee under this section.
(c) CLOSURE FACILITY DEFINED.—For purposes of
this section, the term ‘‘closure facility’’ means a Depart-
ment of Energy facility at which the Secretary is carrying
out a closure project selected under section 3143 of the Na-
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tional Defense Authorization Act for Fiscal Year 1997 (42
U.S.C. 7274n).
(d) INCENTIVES.—The incentives that the Secretary
may provide under this section are the following:
(1) The right to accumulate annual leave pro-
vided by section 6303 of title 5, United States Code,
for use in succeeding years until it totals not more
than 90 days, or not more than 720 hours based on
a standard work week, at the beginning of the first
full biweekly pay period, or corresponding period for
an employee who is not paid on the basis of biweekly
pay periods, occurring in a year, except that—
(A) any annual leave that remains unused
when an employee transfers to a position in a
department or agency of the Federal Government
shall be liquidated upon the transfer by payment
to the employee of a lump sum for leave in excess
of 30 days, or in excess of 240 hours based on
a standard work week; and
(B) upon separation from service, annual
leave accumulated under this paragraph shall be
treated as any other accumulated annual leave is
treated.
(2) The right to be paid a retention allowance in
a lump sum in compliance with paragraphs (1) and
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(2) of section 5754(b) of title 5, United States Code,
if the employee meets the requirements of section
5754(a) of that title, except that the retention allow-
ance may exceed 25 percent, but may not be more
than 40 percent, of the employee’s rate of basic pay.
(3) A detail under section 3341 of title 5, United
States Code.
(4) The right to receive a voluntary separation
incentive payment in the amount equal to the amount
the employee would be entitled to receive under sec-
tion 5595(c) of title 5, United States Code, subject to
the terms, conditions, and procedures set forth in sec-
tion 663 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (5 U.S.C. 5597
note), except that the date in section 663(c)(2)(D) of
that Act does not apply.
(e) AGREEMENT.—(1) An eligible employee of the De-
partment of Energy provided an incentive under this sec-
tion shall enter into an agreement with the Secretary to
remain employed at the closure facility at which the em-
ployee is employed as of the date of the agreement until
a specific date or for a specific period of time.
(2) The detail of an employee under subsection (d)(3)
shall not be treated as terminating the employment of the
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employee at a closure facility for purposes of an agreement
under paragraph (1).
(f) VIOLATION OF AGREEMENT.—(1) Except as pro-
vided under paragraph (3), an eligible employee of the De-
partment of Energy who violates an agreement under sub-
section (e), or is dismissed for cause, shall forfeit eligibility
for any incentives under this section as of the date of the
violation or dismissal, as the case may be.
(2) Except as provided under paragraph (3), an eligi-
ble employee of the Department of Energy who is paid a
retention allowance under subsection (d)(2), receives a vol-
untary separation incentive payment under subsection
(d)(4), or both, and who violates an agreement under sub-
section (e), or is dismissed for cause, before the end of the
period or date of employment agreed upon under such
agreement shall refund to the United States an amount that
bears the same ratio to the aggregate amount so paid to
or received by the employee as the unserved part of such
employment bears to the total period of employment agreed
upon under such agreement.
(3) The Secretary may waive the applicability of para-
graph (1) or (2) to an employee otherwise covered by such
paragraph if the Secretary determines that there is good
and sufficient reason for the waiver.
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(g) REPORT.—The Secretary shall include in each re-
port on a closure project under section 3143(h) of the Na-
tional Defense Authorization Act for Fiscal Year 1997 a
report on the incentives, if any, provided under this section
with respect to the project for the period covered by such
report.
(h) EXPIRATION OF AUTHORITY.—The authority to
provide incentives under this section shall expire on Sep-
tember 23, 2011.
(i) DETAILS.—(1) Section 3341 of title 5, United
States Code, is amended to read as follows:
‘‘§ 3341. Details: within and among Executive agen-
cies; to non-Federal employers
‘‘(a) The head of an Executive agency may detail em-
ployees among the components of the agency, except employ-
ees who are required by law to be engaged exclusively in
some specific work.
‘‘(b) The head of an Executive agency may detail to
duties in the Executive agency or another Executive agency
or to a non-Federal employer, on a nonreimbursable basis,
an employee who has been identified by the Executive agen-
cy as being, or likely to become, a surplus employee or dis-
placed employee.
‘‘(c) For purposes of this section:
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‘‘(1) The term ‘Executive agency’ has the mean-
ing given that term by section 105, but does not in-
clude a Government corporation or the General Ac-
counting Office.
‘‘(2) The term ‘displaced employee’ means an
employee who has been given specific notice that the
employee is to be separated due to a reduction in
force.
‘‘(3) The term ‘surplus employee’ means an em-
ployee who has been identified by the employing agen-
cy as likely to be separated due to a reduction in
force.
‘‘(4) The term ‘non-Federal employer’ means an
employer other than an Executive agency or any
agency in the legislative or judicial branch (including
Congress or any United States court).’’.
(2) The table of sections at the beginning of chapter
33 of such title is amended by striking the item relating
to section 3341 and inserting the following new item:
‘‘3341. Details: within and among Executive agencies; to non-Federal employers.’’.
(i) HEALTH COVERAGE.—Section 8905a(d)(4) of title
5, United States Code, is amended by adding after subpara-
graph (B) the following new subparagraph (C):
‘‘(C) Notwithstanding subparagraph (B), if the basis
for continued coverage under this section is a voluntary or
involuntary separation from the Department of Energy by
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reason of a closure project under section 3143 of the Na-
tional Defense Authorization Act for Fiscal Year 1997 (42
U.S.C. 7274n)—
‘‘(i) the individual shall be liable for not more
than the employee contributions referred to in para-
graph (1)(A)(i); and
‘‘(ii) the Department of Energy shall pay the re-
maining portion of the amount required is under
paragraph (1)(A).’’.
SEC. 3156. CONCEPTUAL DESIGN FOR SUBSURFACE GEO-
SCIENCES LABORATORY AT IDAHO NATIONAL
ENGINEERING AND ENVIRONMENTAL LAB-
ORATORY, IDAHO FALLS, IDAHO.
(a) AUTHORIZATION.—Of the amounts authorized to
be appropriated by paragraphs (2) and (3) of section
3102(a), not more than $400,000 shall be available to the
Secretary of Energy for purposes of carrying out a concep-
tual design for a Subsurface Geosciences Laboratory at
Idaho National Engineering and Environmental Labora-
tory, Idaho Falls, Idaho.
(b) LIMITATION.—None of the funds authorized to be
appropriated by subsection (a) may be obligated until 60
days after the Secretary submits the report required by sub-
section (c).
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(c) REPORT.—The Secretary of Energy shall submit
to the congressional defense committees a report on the pro-
posed Subsurface Geosciences Laboratory, including the fol-
lowing:
(1) The need to conduct mesoscale experiments to
meet long-term clean-up requirements at Department
of Energy sites.
(2) The possibility of utilizing or modifying an
existing structure or facility to house a new mesoscale
experimental capability.
(3) The estimated construction cost of the facil-
ity.
(4) The estimated annual operating cost of the
facility.
(5) How the facility will utilize, integrate, and
support the technical expertise, capabilities, and re-
quirements at other Department of Energy and non-
Department of Energy facilities.
(6) An analysis of costs, savings, and benefits
which are unique to the Idaho National Engineering
and Environmental Laboratory.
SEC. 3157. TANK WASTE REMEDIATION SYSTEM, HANFORD
RESERVATION, RICHLAND, WASHINGTON.
(a) FUNDS AVAILABLE.—Of the amount authorized to
be appropriated by section 3102, $150,000,000 shall be
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available to carry out an accelerated cleanup and waste
management program at the Department of Energy Han-
ford Site in Richland, Washington.
(b) REPORT.—Not later than December 15, 2000, the
Secretary of Energy shall submit to Congress a report on
the Tank Waste Remediation System Project at the Hanford
Site. The report shall include the following:
(1) A proposed plan for processing and stabi-
lizing all nuclear waste located in the Hanford Tank
Farm.
(2) A proposed schedule for carrying out the
plan.
(3) The total estimated cost of carrying out the
plan.
(4) A description of any alternative options to
the proposed plan and a description of the costs and
benefits of each such option.
SEC. 3158. REPORT ON NATIONAL IGNITION FACILITY, LAW-
RENCE LIVERMORE NATIONAL LABORATORY,
LIVERMORE, CALIFORNIA.
(a) NEW BASELINE.—(1) Not more than 50 percent
of the funds available for the national ignition facility
(Project 96–D–111) may be obligated or expended until the
Secretary of Energy submits to the Committees on Armed
Services of the Senate and House of Representatives a re-
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port setting forth a new baseline plan for the completion
of the national ignition facility.
(2) The report shall include a detailed, year-by-year
breakdown of the funding required for completion of the fa-
cility, as well as projected dates for the completion of pro-
gram milestones, including the date on which the first laser
beams are expected to become operational.
(b) COMPTROLLER GENERAL REVIEW OF NIF PRO-
GRAM.—(1) The Comptroller General shall conduct a thor-
ough review of the national ignition facility program.
(2) Not later than March 31, 2001, the Comptroller
General shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
review conducted under paragraph (1). The report shall
include—
(A) an analysis of—
(i) the relationship of the national ignition
facility program to other key components of the
Stockpile Stewardship Program; and
(ii) the potential impact of delays in the
national ignition facility program, and of a fail-
ure to complete key program objectives of the
program, on the other key components of the
Stockpile Stewardship Program, such as the Ad-
vanced Strategic Computing Initiative Program;
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(B) a detailed description and analysis of the
funds spent as of the date of the report on the na-
tional ignition facility program; and
(C) an assessment whether Lawrence Livermore
National Laboratory has established a new baseline
plan for the national ignition facility program with
clear goals and achievable milestones for that pro-
gram.
Subtitle E—National Laboratories
Partnership Improvement Act
SEC. 3161. SHORT TITLE.
This subtitle may be cited as the ‘‘National Labora-
tories Partnership Improvement Act of 2000’’.
SEC. 3162. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘Department’’ means the Depart-
ment of Energy;
(2) the term ‘‘departmental mission’’ means any
of the functions vested in the Secretary of Energy by
the Department of Energy Organization Act (42
U.S.C. 7101 et seq.) or other law;
(3) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C.
1141(a));
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(4) the term ‘‘National Laboratory’’ means any
of the following institutions owned by the Department
of Energy—
(A) Argonne National Laboratory;
(B) Brookhaven National Laboratory;
(C) Idaho National Engineering and Envi-
ronmental Laboratory;
(D) Lawrence Berkeley National Labora-
tory;
(E) Lawrence Livermore National Labora-
tory;
(F) Los Alamos National Laboratory;
(G) National Renewable Energy Labora-
tory;
(H) Oak Ridge National Laboratory;
(I) Pacific Northwest National Laboratory;
or
(J) Sandia National Laboratory;
(5) the term ‘‘facility’’ means any of the fol-
lowing institutions owned by the Department of
Energy—
(A) Ames Laboratory;
(B) East Tennessee Technology Park;
(C) Environmental Measurement Labora-
tory;
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(D) Fermi National Accelerator Laboratory;
(E) Kansas City Plant;
(F) National Energy Technology Labora-
tory;
(G) Nevada Test Site;
(H) Princeton Plasma Physics Laboratory;
(I) Savannah River Technology Center;
(J) Stanford Linear Accelerator Center;
(K) Thomas Jefferson National Accelerator
Facility;
(L) Waste Isolation Pilot Plant;
(M) Y–12 facility at Oak Ridge National
Laboratory; or
(N) other similar organization of the De-
partment designated by the Secretary that en-
gages in technology transfer, partnering, or li-
censing activities;
(6) the term ‘‘nonprofit institution’’ has the
meaning given such term in section 4 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3703(5));
(7) the term ‘‘Secretary’’ means the Secretary of
Energy;
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(8) the term ‘‘small business concern’’ has the
meaning given such term in section 3 of the Small
Business Act (15 U.S.C. 632);
(9) the term ‘‘technology-related business con-
cern’’ means a for-profit corporation, company, asso-
ciation, firm, partnership, or small business concern
that—
(A) conducts scientific or engineering re-
search,
(B) develops new technologies,
(C) manufactures products based on new
technologies, or
(D) performs technological services;
(10) the term ‘‘technology cluster’’ means a con-
centration of—
(A) technology-related business concerns;
(B) institutions of higher education; or
(C) other nonprofit institutions;
that reinforce each other’s performance through for-
mal or informal relationships;
(11) the term ‘‘socially and economically dis-
advantaged small business concerns’’ has the meaning
given such term in section 8(a)(4) of the Small Busi-
ness Act (15 U.S.C. 637(a)(4)); and
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(12) the term ‘‘NNSA’’ means the National Nu-
clear Security Administration established by title
XXXII of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65).
SEC. 3163. TECHNOLOGY INFRASTRUCTURE PILOT PRO-
GRAM.
(a) ESTABLISHMENT.—The Secretary, through the ap-
propriate officials of the Department, shall establish a Tech-
nology Infrastructure Pilot Program in accordance with
this section.
(b) PURPOSE.—The purpose of the program shall be
to improve the ability of National Laboratories or facilities
to support departmental missions by—
(1) stimulating the development of technology
clusters that can support the missions of the National
Laboratories or facilities;
(2) improving the ability of National Labora-
tories or facilities to leverage and benefit from com-
mercial research, technology, products, processes, and
services; and
(3) encouraging the exchange of scientific and
technological expertise between National Laboratories
or facilities and—
(A) institutions of higher education,
(B) technology-related business concerns,
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(C) nonprofit institutions, and
(D) agencies of State, tribal, or local gov-
ernments;
that can support the missions of the National Labora-
tories and facilities.
(c) PILOT PROGRAM.—In each of the first three fiscal
years after the date of enactment of this section, the Sec-
retary may provide no more than $10,000,000, divided
equally, among no more than 10 National Laboratories or
facilities selected by the Secretary to conduct Technology In-
frastructure Program Pilot Programs.
(d) PROJECTS.—The Secretary shall authorize the Di-
rector of each National Laboratory or facility designated
under subsection (c) to implement the Technology Infra-
structure Pilot Program at such National Laboratory or fa-
cility through projects that meet the requirements of sub-
sections (e) and (f).
(e) PROGRAM REQUIREMENTS.—Each project funded
under this section shall meet the following requirements:
(1) MINIMUM PARTICIPANTS.—Each project shall
at a minimum include—
(A) a National Laboratory or facility; and
(B) one of the following entities—
(i) a business,
(ii) an institution of higher education,
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(iii) a nonprofit institution, or
(iv) an agency of a State, local, or
tribal government.
(2) COST SHARING.—
(A) MINIMUM AMOUNT.—Not less than 50
percent of the costs of each project funded under
this section shall be provided from non-Federal
sources.
(B) 
QUALIFIED
FUNDING
AND
RE-
SOURCES.—(i) The calculation of costs paid by
the non-Federal sources to a project shall include
cash, personnel, services, equipment, and other
resources expended on the project.
(ii) Independent research and development
expenses of Government contractors that qualify
for reimbursement under section 31–205–18(e) of
the Federal Acquisition Regulations issued pur-
suant to section 25(c)(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c)(1))
may be credited towards costs paid by non-Fed-
eral sources to a project, if the expenses meet the
other requirements of this section.
(iii) No funds or other resources expended
either before the start of a project under this sec-
tion or outside the project’s scope of work shall
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be credited toward the costs paid by the non-Fed-
eral sources to the project.
(3) 
COMPETITIVE
SELECTION.—All 
projects
where a party other than the Department or a Na-
tional Laboratory or facility receives funding under
this section shall, to the extent practicable, be com-
petitively selected by the National Laboratory or fa-
cility using procedures determined to be appropriate
by the Secretary or his designee.
(4) ACCOUNTING STANDARDS.—Any participant
receiving funding under this section, other than a Na-
tional Laboratory or facility, may use generally ac-
cepted accounting principles for maintaining ac-
counts, books, and records relating to the project.
(5) LIMITATIONS.—No Federal funds shall be
made available under this section for—
(A) construction; or
(B) any project for more than five years.
(f) SELECTION CRITERIA.—
(1) THRESHOLD FUNDING CRITERIA.—The Sec-
retary shall authorize the provision of Federal funds
for projects under this section only when the Director
of the National Laboratory or facility managing such
a project determines that the project is likely to im-
prove the participating National Laboratory or facili-
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ty’s ability to achieve technical success in meeting de-
partmental missions.
(2) ADDITIONAL CRITERIA.—The Secretary shall
also require the Director of the National Laboratory
or facility managing a project under this section to
consider the following criteria in selecting a project to
receive Federal funds—
(A) the potential of the project to succeed,
based on its technical merit, team members,
management approach, resources, and project
plan;
(B) the potential of the project to promote
the development of a commercially sustainable
technology cluster, one that will derive most of
the demand for its products or services from the
private sector, that can support the missions of
the participating National Laboratory or facil-
ity;
(C) the potential of the project to promote
the use of commercial research, technology, prod-
ucts, processes, and services by the participating
National Laboratory or facility to achieve its de-
partmental mission or the commercial develop-
ment of technological innovations made at the
participating National Laboratory or facility;
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(D) the commitment shown by non-Federal
organizations to the project, based primarily on
the nature and amount of the financial and
other resources they will risk on the project;
(E) the extent to which the project involves
a wide variety and number of institutions of
higher education, nonprofit institutions, and
technology-related business concerns that can
support the missions of the participating Na-
tional Laboratory or facility and that will make
substantive contributions to achieving the goals
of the project;
(F) the extent of participation in the project
by agencies of State, tribal, or local governments
that will make substantive contributions to
achieving the goals of the project; and
(G) the extent to which the project focuses
on promoting the development of technology-re-
lated business concerns that are small business
concerns or involves such small business concerns
substantively in the project.
(3) SAVINGS
CLAUSE.—Nothing in this sub-
section shall limit the Secretary from requiring the
consideration of other criteria, as appropriate, in de-
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termining whether projects should be funded under
this section.
(g) REPORT TO CONGRESS ON FULL IMPLEMENTA-
TION.—Not later than 120 days after the start of the third
fiscal year after the date of enactment of this section, the
Secretary shall report to Congress on whether the Tech-
nology Infrastructure Program should be continued beyond
the pilot stage, and, if so, how the fully implemented pro-
gram should be managed. This report shall take into consid-
eration the results of the pilot program to date and the
views of the relevant Directors of the National laboratories
and facilities. The report shall include any proposals for
legislation considered necessary by the Secretary to fully
implement the program.
SEC. 3164. SMALL BUSINESS ADVOCACY AND ASSISTANCE.
(a) ADVOCACY FUNCTION.—The Secretary shall direct
the Director of each National Laboratory, and may direct
the Director of each facility the Secretary determines to be
appropriate, to establish a small business advocacy function
that is organizationally independent of the procurement
function at the National Laboratory or facility. The person
or office vested with the small business advocacy function
shall—
(1) work to increase the participation of small
business concerns, including socially and economi-
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cally disadvantaged small business concerns, in pro-
curements, collaborative research, technology licens-
ing, and technology transfer activities conducted by
the National Laboratory or facility;
(2) report to the Director of the National Lab-
oratory or facility on the actual participation of
small business concerns in procurements and collabo-
rative research along with recommendations, if appro-
priate, on how to improve participation;
(3) make available to small business concerns
training, mentoring, and clear, up-to-date informa-
tion on how to participate in the procurements and
collaborative research, including how to submit effec-
tive proposals;
(4) increase the awareness inside the National
Laboratory or facility of the capabilities and opportu-
nities presented by small business concerns; and
(5) establish guidelines for the program under
subsection (b) and report on the effectiveness of such
program to the Director of the National Laboratory
or facility.
(b) ESTABLISHMENT OF SMALL BUSINESS ASSIST-
ANCE PROGRAM.—The Secretary shall direct the Director
of each National Laboratory, and may direct the Director
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of each facility the Secretary determines to be appropriate,
to establish a program to provide small business concerns—
(1) assistance directed at making them more ef-
fective and efficient subcontractors or suppliers to the
National Laboratory or facility; or
(2) general technical assistance, the cost of which
shall not exceed $10,000 per instance of assistance, to
improve the small business concern’s products or serv-
ices.
(c) USE
OF FUNDS.—None of the funds expended
under subsection (b) may be used for direct grants to the
small business concerns.
SEC. 3165. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.
(a) APPOINTMENT OF OMBUDSMAN.—The Secretary
shall direct the Director of each National Laboratory, and
may direct the Director of each facility the Secretary deter-
mines to be appropriate, to appoint a technology partner-
ship ombudsman to hear and help resolve complaints from
outside organizations regarding each laboratory’s policies
and actions with respect to technology partnerships (includ-
ing cooperative research and development agreements), pat-
ents, and technology licensing. Each ombudsman shall—
(1) be a senior official of the National Labora-
tory or facility who is not involved in day-to-day
technology partnerships, patents, or technology licens-
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ing, or, if appointed from outside the laboratory,
function as such a senior official; and
(2) have direct access to the Director of the Na-
tional Laboratory or facility.
(b) DUTIES.—Each ombudsman shall—
(1) serve as the focal point for assisting the pub-
lic and industry in resolving complaints and disputes
with the laboratory regarding technology partner-
ships, patents, and technology licensing;
(2) promote the use of collaborative alternative
dispute resolution techniques such as mediation to fa-
cilitate the speedy and low-cost resolution of com-
plaints and disputes, when appropriate; and
(3) report, through the Director of the National
Laboratory or facility, to the Department annually
on the number and nature of complaints and disputes
raised, along with the ombudsman’s assessment of
their resolution, consistent with the protection of con-
fidential and sensitive information.
(c) DUAL APPOINTMENT.—A person vested with the
small business advocacy function of section 3164 may also
serve as the technology partnership ombudsman.
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SEC. 3166. STUDIES RELATED TO IMPROVING MISSION EF-
FECTIVENESS, PARTNERSHIPS, AND TECH-
NOLOGY TRANSFER AT NATIONAL LABORA-
TORIES.
(a) STUDIES.—The Secretary shall direct the Labora-
tory Operations Board to study and report to him, not later
than one year after the date of enactment of this section,
on the following topics—
(1) the possible benefits from and need for poli-
cies and procedures to facilitate the transfer of sci-
entific, technical, and professional personnel among
National Laboratories and facilities; and
(2) the possible benefits from and need for
changes in—
(A) the indemnification requirements for
patents or other intellectual property licensed
from a National Laboratory or facility;
(B) the royalty and fee schedules and types
of compensation that may be used for patents or
other intellectual property licensed to a small
business concern from a National Laboratory or
facility;
(C) the licensing procedures and require-
ments for patents and other intellectual property;
(D) the rights given to a small business con-
cern that has licensed a patent or other intellec-
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tual property from a National Laboratory or fa-
cility to bring suit against third parties infring-
ing such intellectual property;
(E) the advance funding requirements for a
small business concern funding a project at a
National Laboratory or facility through a
Funds-In-Agreement;
(F) the intellectual property rights allocated
to a business when it is funding a project at a
National Laboratory or facility through a
Funds-In-Agreement; and
(G) policies on royalty payments to inven-
tors employed by a contractor-operated National
Laboratory or facility, including those for inven-
tions made under a Funds-In-Agreement.
(b) DEFINITION.—For the purposes of this section, the
term ‘‘Funds-in-Agreement’’ means a contract between the
Department and a non-Federal organization where that or-
ganization pays the Department to provide a service or ma-
terial not otherwise available in the domestic private sector.
(c) REPORT TO CONGRESS.—Not later than one month
after receiving the report under subsection (a), the Secretary
shall transmit the report, along with his recommendations
for action and proposals for legislation to implement the
recommendations, to Congress.
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SEC. 3167. OTHER TRANSACTIONS AUTHORITY.
(a) NEW AUTHORITY.—Section 646 of the Department
of Energy Organization Act (42 U.S.C. 7256) is amended
by adding at the end the following new subsection:
‘‘(g) OTHER TRANSACTIONS AUTHORITY.—(1) In ad-
dition to other authorities granted to the Secretary to enter
into procurement contracts, leases, cooperative agreements,
grants, and other similar arrangements, the Secretary may
enter into other transactions with public agencies, private
organizations, or persons on such terms as the Secretary
may deem appropriate in furtherance of basic, applied, and
advanced research functions now or hereafter vested in the
Secretary. Such other transactions shall not be subject to
the provisions of section 9 of the Federal Nonnuclear En-
ergy Research and Development Act of 1974 (42 U.S.C.
5908).
‘‘(2)(A) The Secretary of Energy shall ensure that—
‘‘(i) to the maximum extent practicable, no
transaction entered into under paragraph (1) pro-
vides for research that duplicates research being con-
ducted under existing programs carried out by the
Department of Energy; and
‘‘(ii) to the extent that the Secretary determines
practicable, the funds provided by the Government
under a transaction authorized by paragraph (1) do
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not exceed the total amount provided by other parties
to the transaction.
‘‘(B) A transaction authorized by paragraph (1) may
be used for a research project when the use of a standard
contract, grant, or cooperative agreement for such project
is not feasible or appropriate.
‘‘(3)(A) The Secretary shall not disclose any trade se-
cret or commercial or financial information submitted by
a non-Federal entity under paragraph (1) that is privileged
and confidential.
‘‘(B) The Secretary shall not disclose, for five years
after the date the information is received, any other infor-
mation submitted by a non-Federal entity under paragraph
(1), including any proposal, proposal abstract, document
supporting a proposal, business plan, or technical informa-
tion that is privileged and confidential.
‘‘(C) The Secretary may protect from disclosure, for
up to five years, any information developed pursuant to
a transaction under paragraph (1) that would be protected
from disclosure under section 552(b)(4) of title 5, United
States Code, if obtained from a person other than a Federal
agency.’’.
(b) IMPLEMENTATION.—Not later than six months
after the date of enactment of this section, the Department
shall establish guidelines for the use of other transactions.
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Other transactions shall be made available, if needed, in
order to implement projects funded under section 3163.
SEC. 3168. CONFORMANCE WITH NNSA ORGANIZATIONAL
STRUCTURE.
All actions taken by the Secretary in carrying out this
subtitle with respect to National Laboratories and facilities
that are part of the NNSA shall be through the Adminis-
trator for Nuclear Security in accordance with the require-
ments of title XXXII of the National Defense Authorization
Act for Fiscal Year 2000.
SEC. 3169. ARCTIC ENERGY.
(a) ESTABLISHMENT.—There is hereby established
within the Department of Energy an Office of Arctic En-
ergy.
(b) PURPOSE.—The purposes of the Office of Arctic
Energy are—
(1) to promote research, development and deploy-
ment of electric power technology that is cost-effective
and especially well suited to meet the needs of rural
and remote regions of the United States, especially
where permafrost is present or located nearby; and
(2) to promote research, development and deploy-
ment in such regions of—
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(A) enhanced oil recovery technology, in-
cluding heavy oil recovery, reinjection of carbon
and extended reach drilling technologies;
(B) gas-to-liquids technology and liquified
natural gas (including associated transportation
systems);
(C) small hydroelectric facilities, river tur-
bines and tidal power;
(D) natural gas hydrates, coal bed methane,
and shallow bed natural gas; and
(E) alternative energy, including wind, geo-
thermal, and fuel cells.
(c) LOCATION.—The Secretary shall locate the Office
of Arctic Energy at a university with special expertise and
unique experience in the matters specified in paragraphs
(1) and (2) of subsection (b).
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out activities under
this section $1,000,000 for the first fiscal year after the date
of enactment of this section.
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Subtitle F—Other Matters
SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is
amended by striking ‘‘September 30, 2000’’ and inserting
‘‘September 30, 2002’’.
SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READI-
NESS POSTURES.
Section 3152 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
623) is amended—
(1) by inserting ‘‘(a) REPORT.—’’ before ‘‘Not
later than February 15, 1996,’’; and
(2) by adding at the end the following:
‘‘(b) BIENNIAL UPDATES OF REPORT.—(1) The Sec-
retary shall submit to the congressional defense committees
an update of the report required under (a) not later than
February 15, 2001, and every two years thereafter.
‘‘(2) Each update under paragraph (1) shall include,
current as of the date of such update, the following:
‘‘(A) A list and description of the workforce skills
and capabilities that are essential to carry out under-
ground nuclear tests at the Nevada Test Site.
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‘‘(B) A list and description of the infrastructure
and physical plant that are essential to carry out un-
derground nuclear tests at the Nevada Test Site.
‘‘(C) A description of the readiness status of the
skills and capabilities described in subparagraph (A)
and of the infrastructure and physical plant described
in subparagraph (B).
‘‘(3) Each update under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified
annex.’’.
SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RE-
LEASES OF RESTRICTED DATA AND FOR-
MERLY RESTRICTED DATA.
(a) FREQUENCY OF REPORTS.—Section 3161(f)(2) of
the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2261;
50 U.S.C. 435 note) is amended to read as follows:
‘‘(2) The Secretary of Energy shall, on a quarterly
basis, notify the committees and Assistant to the President
specified in subsection (d) of inadvertent releases described
in paragraph (1) that are discovered after the date of the
enactment of this Act.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act and shall apply with respect to inadvertent re-
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leases of Restricted Data and Formerly Restricted Data
that are discovered on or after that date.
SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE
SAFETY OR RELIABILITY OF THE NUCLEAR
WEAPONS STOCKPILE.
Any certification submitted to the President by the
Secretary of Defense or the Secretary of Energy regarding
confidence in the safety or reliability of a nuclear weapon
type in the United States nuclear weapons stockpile shall
be submitted in classified form only.
SEC. 
3175. 
ENGINEERING 
AND 
MANUFACTURING 
RE-
SEARCH, DEVELOPMENT, AND DEMONSTRA-
TION BY PLANT MANAGERS OF CERTAIN NU-
CLEAR WEAPONS PRODUCTION PLANTS.
(a) AUTHORITY.—The Secretary of Energy may au-
thorize the plant manager of a covered nuclear weapons
production plant to engage in research, development, and
demonstration activities with respect to the engineering and
manufacturing capabilities at such plant in order to main-
tain and enhance such capabilities at such plant.
(b) FUNDING.—Of the amount allocated by the Sec-
retary to a covered nuclear weapons production plant each
fiscal year from amounts available to the Department of
Energy for such fiscal year for national security programs,
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not more than an amount equal to 2 percent of such amount
may be used for activities authorized under subsection (a).
(c) COVERED
NUCLEAR
WEAPONS
PRODUCTION
PLANTS.—For purposes of this section, the term ‘‘covered
nuclear weapons production plant’’ means the following:
(1) The Kansas City Plant, Kansas City, Mis-
souri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT
AGREEMENTS 
FOR 
GOVERNMENT-OWNED,
CONTRACTOR-OPERATED LABORATORIES.
(a) STRATEGIC PLANS.—Subsection (a) of section 12
of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a) is amended by striking ‘‘joint work state-
ment,’’ and inserting ‘‘joint work statement or, if permitted
by the agency, in an agency-approved annual strategic
plan,’’.
(b) EXPERIMENTAL FEDERAL WAIVERS.—Subsection
(b) of that section is amended by adding at the end the
following new paragraph:
‘‘(6)(A) In the case of a Department of Energy labora-
tory, a designated official of the Department of Energy may
waive any license retained by the Government under para-
graph (1)(A), (2), or (3)(D), in whole or in part and ac-
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cording to negotiated terms and conditions, if the des-
ignated official finds that the retention of the license by the
Department of Energy would substantially inhibit the com-
mercialization of an invention that would otherwise serve
an important Federal mission.
‘‘(B) The authority to grant a waiver under subpara-
graph (A) shall expire on the date that is 5 years after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2001.
‘‘(C) The expiration under subparagraph (B) of au-
thority to grant a waiver under subparagraph (A) shall not
effect any waiver granted under subparagraph (A) before
the expiration of such authority.’’.
(c) TIME
REQUIRED
FOR
APPROVAL.—Subsection
(c)(5) of that section is amended—
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as sub-
paragraph (C); and
(3) in subparagraph (C), as so redesignated—
(A) in clause (i)—
(i) by striking ‘‘with a small business
firm’’; and
(ii) by inserting ‘‘if’’ after ‘‘statement’’;
and
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(B) by adding at the end the following new
clauses:
‘‘(iv) Any agency that has contracted with a non-Fed-
eral entity to operate a laboratory may develop and provide
to such laboratory one or more model cooperative research
and development agreements for purposes of standardizing
practices and procedures, resolving common legal issues,
and enabling review of cooperative research and develop-
ment agreements to be carried out in a routine and prompt
manner.
‘‘(v) A Federal agency may waive the requirements of
clause (i) or (ii) under such circumstances as the agency
considers appropriate.’’.
SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY
AND CONTRACTOR EMPLOYEES FOR EXEM-
PLARY SERVICE IN STOCKPILE STEWARDSHIP
AND SECURITY.
(a) AUTHORITY TO PRESENT CERTIFICATE OF COM-
MENDATION.—The Secretary of Energy may present a cer-
tificate of commendation to any current or former employee
of the Department of Energy, and any current or former
employee of a Department contractor, whose service to the
Department in matters relating to stockpile stewardship
and security assisted the Department in furthering the na-
tional security interests of the United States.
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(b) CERTIFICATE.—The certificate of commendation
presented to a current or former employee under subsection
(a) shall include an appropriate citation of the service of
the current or former employee described in that subsection,
including a citation for dedication, intellect, and sacrifice
in furthering the national security interests of the United
States by maintaining a strong, safe, and viable United
States nuclear deterrent during the Cold War or thereafter.
(c) DEPARTMENT OF ENERGY DEFINED.—For pur-
poses of this section, the term ‘‘Department of Energy’’ in-
cludes any predecessor agency of the Department of Energy.
SEC. 3178. ADJUSTMENT OF THRESHOLD REQUIREMENT
FOR SUBMISSION OF REPORTS ON ADVANCED
COMPUTER SALES TO TIER III FOREIGN
COUNTRIES.
Section 3157 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
2045) is amended by adding at the end the following:
‘‘(e) ADJUSTMENT OF PERFORMANCE LEVELS.—When-
ever a new composite theoretical performance level is estab-
lished under section 1211(d), that level shall apply for pur-
poses of subsection (a) of this section in lieu of the level
set forth in subsection (a).’’.
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Subtitle G—Russian Nuclear
Complex Conversion
SEC. 3191. SHORT TITLE.
This subtitle may be cited as the ‘‘Russian Nuclear
Weapons Complex Conversion Act of 2000’’.
SEC. 3192. FINDINGS.
Congress makes the following findings:
(1) The Russian nuclear weapons complex has
begun closure and complete reconfiguration of certain
weapons complex plants and productions lines. How-
ever, this work is at an early stage. The major im-
pediments to downsizing have been economic and so-
cial conditions in Russia. Little information about
this complex is shared, and 10 of its most sensitive
cities remain closed. These cities house 750,000 people
and employ approximately 150,000 people in nuclear
military facilities. Although the Russian Federation
Ministry of Atomic Energy has announced the need
to significantly downsize its workforce, perhaps by as
much as 50 percent, it has been very slow in accom-
plishing this goal. Information on the extent of any
progress is very closely held.
(2) The United States, on the other hand, has
significantly downsized its nuclear weapons complex
in an open and transparent manner. As a result, an
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enormous asymmetry now exists between the United
States and Russia in nuclear weapon production ca-
pacities and in transparency of such capacities. It is
in the national security interest of the United States
to assist the Russian Federation in accomplishing
significant reductions in its nuclear military complex
and in helping it to protect its nuclear weapons, nu-
clear materials, and nuclear secrets during such re-
ductions. Such assistance will accomplish critical
nonproliferation objectives and provide essential sup-
port towards future arms reduction agreements. The
Russian Federation’s program to close and recon-
figure weapons complex plants and production lines
will address, if it is implemented in a significant and
transparent manner, concerns about the Russian Fed-
eration’s ability to quickly reconstitute its arsenal.
(3) Several current programs address portions of
the downsizing and nuclear security concerns. The
Nuclear Cities Initiative was established to assist
Russia in creating job opportunities for employees
who are not required to support realistic Russian nu-
clear security requirements. Its focus has been on cre-
ating commercial ventures that can provide self-sus-
taining jobs in three of the closed cities. The current
scope and funding of the program are not commensu-
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rate with the scale of the threats to the United States
sought to be addressed by the program.
(4) To effectively address threats to United
States national security interests, progress with re-
spect to the nuclear cities must be expanded and ac-
celerated. The Nuclear Cities Initiative has laid the
groundwork for an immediate increase in investment
which offers the potential for prompt risk reduction
in the cities of Sarov, Snezhinsk, and Zheleznogorsk,
which house four key Russian nuclear facilities. Fur-
thermore, the Nuclear Cities Initiative has made con-
siderable progress with the limited funding available.
However, to gain sufficient advocacy for additional
support, the program must demonstrate—
(A) rapid progress in conversion and re-
structuring; and
(B) an ability for the United States to track
progress against verifiable milestones that sup-
port a Russian nuclear complex consistent with
their future national security requirements.
(5) Reductions in the nuclear weapons-grade
material stocks in the United States and Russia en-
hance prospects for future arms control agreements
and reduce concerns that these materials could lead to
proliferation risks. Confidence in both nations will be
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enhanced by knowledge of the extent of each nation’s
stockpiles of weapons-grade materials. The United
States already makes this information public.
(6) Many current programs contribute to the
goals stated herein. However, the lack of pro-
grammatic coordination within and among United
States Government agencies impedes the capability of
the United States to make rapid progress. A formal
single point of coordination is essential to ensure that
all United States programs directed at cooperative
threat reduction, nuclear materials reduction and
protection, and the downsizing, transparency, and
nonproliferation of the nuclear weapons complex effec-
tively mitigate the risks inherent in the Russian Fed-
eration’s military complex.
(7) Specialists in the United States and the
former Soviet Union trained in nonproliferation stud-
ies can significantly assist in the downsizing process
while minimizing the threat presented by potential
proliferation of weapons materials or expertise.
SEC. 3193. EXPANSION AND ENHANCEMENT OF NUCLEAR
CITIES INITIATIVE.
(a) IN GENERAL.—The Secretary of Energy shall, in
accordance with the provisions of this section, take appro-
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priate actions to expand and enhance the activities under
the Nuclear Cities Initiative in order to—
(1) assist the Russian Federation in the
downsizing of the Russian Nuclear Complex; and
(2) coordinate the downsizing of the Russian Nu-
clear Complex under the Initiative with other United
States nonproliferation programs.
(b) ENHANCED USE OF MINATOM TECHNOLOGY AND
RESEARCH AND DEVELOPMENT SERVICES.—In carrying
out actions under this section, the Secretary of Energy shall
facilitate the enhanced use of the technology, and the re-
search and development services, of the Russia Ministry of
Atomic Energy (MINATOM) by—
(1) fostering the commercialization of peaceful,
non-threatening advanced technologies of the Ministry
through the development of projects to commercialize
research and development services for industry and
industrial entities; and
(2) authorizing the Department of Energy, and
encouraging other departments and agencies of the
United States Government, to utilize such research
and development services for activities appropriate to
the mission of the Department, and such departments
and agencies, including activities relating to—
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(A) nonproliferation (including the detec-
tion and identification of weapons of mass de-
struction and verification of treaty compliance);
(B) global energy and environmental mat-
ters; and
(C) basic scientific research of benefit to the
United States.
(c) ACCELERATION OF NUCLEAR CITIES INITIATIVE.—
(1) In carrying out actions under this section, the Secretary
of Energy shall accelerate the Nuclear Cities Initiative by
implementing, as soon as practicable after the date of the
enactment of this Act, programs at the nuclear cities re-
ferred to in paragraph (2) in order to convert significant
portions of the activities carried out at such nuclear cities
from military activities to civilian activities.
(2) The nuclear cities referred to in this paragraph
are the following:
(A) Sarov (Arzamas–16).
(B) Snezhinsk (Chelyabinsk–70).
(C) Zheleznogorsk (Krasnoyarsk–26).
(3) To advance nonproliferation and arms control ob-
jectives, the Nuclear Cities Initiative is encouraged to begin
planning for accelerated conversion, commensurate with
available resources, in the remaining nuclear cities.
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(4) Before implementing a program under paragraph
(1), the Secretary shall establish appropriate, measurable
milestones for the activities to be carried out in fiscal year
2001.
(d) PLAN FOR RESTRUCTURING THE RUSSIAN NU-
CLEAR COMPLEX.—(1) The President, acting through the
Secretary of Energy, is urged to enter into negotiations
with the Russian Federation for purposes of the develop-
ment by the Russian Federation of a plan to restructure
the Russian Nuclear Complex in order to meet changes in
the national security requirements of Russia by 2010.
(2) The plan under paragraph (1) should include the
following:
(A) Mechanisms to achieve a nuclear weapons
production capacity in Russia that is consistent with
the obligations of Russia under current and future
arms control agreements.
(B) Mechanisms to increase transparency re-
garding the restructuring of the nuclear weapons com-
plex and weapons-surplus nuclear materials inven-
tories in Russia to the levels of transparency for such
matters in the United States, including the participa-
tion of Department of Energy officials with expertise
in transparency of such matters.
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(C) Measurable milestones that will permit the
United States and the Russian Federation to monitor
progress under the plan.
(e) ENCOURAGEMENT OF CAREERS IN NONPROLIFERA-
TION.—(1) In carrying out actions under this section, the
Secretary of Energy shall carry out a program to encourage
students in the United States and in the Russian Federa-
tion to pursue a career in an area relating to nonprolifera-
tion.
(2) Of the amounts under subsection (f), up to
$2,000,000 shall be available for purposes of the program
under paragraph (1).
(f) FUNDING FOR FISCAL YEAR 2001.—(1) There is
hereby authorized to be appropriated for the Department
of Energy for fiscal year 2001, $30,000,000 for purposes
of the Nuclear Cities Initiative, including activities under
this section.
(2) The amount authorized to be appropriated by sec-
tion 101(5) for other procurement for the Army is hereby
reduced by $12,500,000, with the amount of the reduction
to be allocated to the Close Combat Tactical Trainer.
(g) LIMITATION ON AVAILABILITY OF FUNDS FOR NU-
CLEAR
CITIES
INITIATIVE.—No amount in excess of
$17,500,000 authorized to be appropriated for the Depart-
ment of Energy for fiscal year 2001 for the Nuclear Cities
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Initiative may be obligated or expended for purposes of pro-
viding assistance under the Initiative until 30 days after
the date on which the Secretary of Energy submits to the
Committees on Armed Services of the Senate and House of
Representatives the following:
(1) A copy of the written agreement between the
United States Government and the Government of the
Russian Federation which provides that Russia will
close some of its facilities engaged in nuclear weapons
assembly and disassembly work within five years in
exchange for participation in the Initiative.
(2) A certification by the Secretary that—
(A) project review procedures for all projects
under the Initiative have been established and
implemented; and
(B) such procedures will ensure that any
scientific, technical, or commercial project initi-
ated under the Initiative—
(i) will not enhance the military or
weapons of mass destruction capabilities of
Russia;
(ii) will not result in the inadvertent
transfer or utilization of products or activi-
ties under such project for military pur-
poses;
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(iii) will be commercially viable within
three years of the date of the certification;
and
(iv) will be carried out in conjunction
with an appropriate commercial, indus-
trial, or other nonprofit entity as partner.
(3) A report setting forth the following:
(A) The project review procedures referred
to in paragraph (2)(A).
(B) A list of the projects under the Initia-
tive that have been reviewed under such project
review procedures.
(C) A description for each project listed
under subparagraph (B) of the purpose, life-
cycle, out-year budget costs, participants, com-
mercial viability, expected time for income gen-
eration, and number of Russian jobs created.
(h) SENSE OF CONGRESS ON FUNDING FOR FISCAL
YEARS AFTER FISCAL YEAR 2001.—It is the sense of Con-
gress that the availability of funds for the Nuclear Cities
Initiative in fiscal years after fiscal year 2001 should be
contingent upon—
(1) demonstrable progress in the programs car-
ried out under subsection (c), as determined utilizing
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the milestones required under paragraph (4) of that
subsection; and
(2) the development and implementation of the
plan required by subsection (d).
SEC. 3194. SENSE OF CONGRESS ON THE ESTABLISHMENT
OF A NATIONAL COORDINATOR FOR NON-
PROLIFERATION MATTERS.
It is the sense of Congress that—
(1) there should be a National Coordinator for
Nonproliferation Matters to coordinate—
(A) the Nuclear Cities Initiative;
(B) the Initiatives for Proliferation Preven-
tion program;
(C) the Cooperative Threat Reduction pro-
grams;
(D) the materials protection, control, and
accounting programs; and
(E) the International Science and Tech-
nology Center; and
(2) the position of National Coordinator for Non-
proliferation Matters should be similar, regarding
nonproliferation matters, to the position filled by des-
ignation of the President under section 1441(a) of the
Defense Against Weapons of Mass Destruction Act of
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TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
There are authorized to be appropriated for fiscal year
2001, $18,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NAVAL
PETROLEUM RESERVES
SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM
THE NAVAL PETROLEUM RESERVES.
(a) HIGHER MINIMUM PRICE.—Subparagraph (A) of
section 7430(b)(2) of title 10, United States Code, is amend-
ed by striking ‘‘90 percent of’’.
(b) INAPPLICABILITY OF REQUIREMENT TO RESERVE
NUMBERED 1.—Such section 7430(b)(2) is further amended
by striking ‘‘Naval Petroleum Reserves Numbered 1, 2, and
3’’ in the matter preceding subparagraph (A) and inserting
‘‘Naval Petroleum Reserves Numbered 2 and 3’’.
SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR CO-
OPERATIVE 
OR 
UNIT 
PLANS 
AFFECTING
NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) REPEAL.—Section 7426 of title 10, United States
Code, is repealed.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 641 of such title is amended by
striking the item relating to section 7426.
SEC. 3303. LAND TRANSFER AND RESTORATION.
(a) SHORT TITLE.—This section may be cited as the
‘‘Ute-Moab Land Restoration Act’’.
(b) TRANSFER
OF OIL SHALE RESERVE.—Section
3405 of the Strom Thurmond National Defense Authoriza-
tion Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public
Law 105–261) is amended to read as follows:
‘‘SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED
2.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) MAP.—The term ‘‘map’’ means the map de-
picting the boundaries of NOSR–2, to be kept on file
and available for public inspection in the offices of
the Department of the Interior.
‘‘(2) MOAB SITE.—The term ‘Moab site’ means
the Moab uranium milling site located approximately
3 miles northwest of Moab, Utah, and identified in
the Final Environmental Impact Statement issued by
the Nuclear Regulatory Commission in March 1996,
in conjunction with Source Material License No. SUA
917.
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‘‘(3) NOSR–2.—The term ‘NOSR–2’ means Oil
Shale Reserve Numbered 2, as identified on a map on
file in the Office of the Secretary of the Interior.
‘‘(4) TRIBE.—The term ‘Tribe’ means the Ute
Indian Tribe of the Uintah and Ouray Indian Res-
ervation.
‘‘(b) CONVEYANCE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the United States conveys to the Tribe,
subject to valid existing rights in effect on the day be-
fore the date of enactment of this section, all Federal
land within the exterior boundaries of NOSR–2 in fee
simple (including surface and mineral rights).
‘‘(2) RESERVATIONS.—The conveyance under
paragraph (1) shall not include the following reserva-
tions of the United States:
‘‘(A) A 9 percent royalty interest in the
value of any oil, gas, other hydrocarbons, and all
other minerals from the conveyed land that are
produced, saved, and sold, the payments for
which shall be made by the Tribe or its designee
to the Secretary of Energy during the period
that the oil, gas, hydrocarbons, or minerals are
being produced, saved, sold, or extracted.
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‘‘(B) The portion of the bed of Green River
contained entirely within NOSR–2, as depicted
on the map.
‘‘(C) The land (including surface and min-
eral rights) to the west of the Green River within
NOSR–2, as depicted on the map.
‘‘(D) A 1⁄4 mile scenic easement on the east
side of the Green River within NOSR–2.
‘‘(3) CONDITIONS.—
‘‘(A) MANAGEMENT AUTHORITY.—On com-
pletion of the conveyance under paragraph (1),
the United States relinquishes all management
authority over the conveyed land (including trib-
al activities conducted on the land).
‘‘(B) NO REVERSION.—The land conveyed to
the Tribe under this subsection shall not revert
to the United States for management in trust
status.
‘‘(C) USE OF EASEMENT.—The reservation
of the easement under paragraph (2)(D) shall
not affect the right of the Tribe to obtain, use,
and maintain access to, the Green River through
the use of the road within the easement, as de-
picted on the map.
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‘‘(c) WITHDRAWALS.—Each withdrawal that applies
to NOSR–2 and that is in effect on the date of enactment
of this section is revoked to the extent that the withdrawal
applies to NOSR–2.
‘‘(d) ADMINISTRATION OF RESERVED LAND AND IN-
TERESTS IN LAND.—
‘‘(1) IN GENERAL.—The Secretary of the Interior
shall administer the land and interests in land re-
served from conveyance under subparagraphs (B) and
(C) of subsection (b)(2) in accordance with the Fed-
eral Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
‘‘(2) MANAGEMENT
PLAN.—Not later than 3
years after the date of enactment of this section, the
Secretary shall submit to Congress a land use plan
for the management of the land and interests in land
referred to in paragraph (1).
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary such sums as are necessary to carry out this
subsection.
‘‘(e) ROYALTY.—
‘‘(1) PAYMENT OF ROYALTY.—The royalty inter-
est reserved from conveyance in subsection (b)(2)(A)
that is required to be paid by the Tribe shall not in-
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clude any development, production, marketing, and
operating expenses.
‘‘(2) REPORT.—The Tribe shall submit to the
Secretary of Energy and to Congress an annual re-
port on resource development and other activities of
the Tribe concerning the conveyance under subsection
(b).
‘‘(3) FINANCIAL AUDIT.—
‘‘(A) IN GENERAL.—Not later than 5 years
after the date of enactment of this section, and
every 5 years thereafter, the Tribe shall obtain
an audit of all resource development activities of
the Tribe concerning the conveyance under sub-
section (b), as provided under chapter 75 of title
31, United States Code.
‘‘(B) INCLUSION OF RESULTS.—The results
of each audit under this paragraph shall be in-
cluded in the next annual report submitted after
the date of completion of the audit.
‘‘(f) RIVER MANAGEMENT.—
‘‘(1) IN
GENERAL.—The Tribe shall manage,
under Tribal jurisdiction and in accordance with or-
dinances adopted by the Tribe, land of the Tribe that
is adjacent to, and within 1⁄4 mile of, the Green River
in a manner that—
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‘‘(A) maintains the protected status of the
land; and
‘‘(B) is consistent with the government-to-
government agreement and in the memorandum
of understanding dated February 11, 2000, as
agreed to by the Tribe and the Secretary.
‘‘(2) NO MANAGEMENT RESTRICTIONS.—An ordi-
nance referred to in paragraph (1) shall not impair,
limit, or otherwise restrict the management and use
of any land that is not owned, controlled, or subject
to the jurisdiction of the Tribe.
‘‘(3) REPEAL
OR
AMENDMENT.—An ordinance
adopted by the Tribe and referenced in the govern-
ment-to-government agreement may not be repealed or
amended without the written approval of—
‘‘(A) the Tribe; and
‘‘(B) the Secretary.
‘‘(g) PLANT SPECIES.—
‘‘(1) IN GENERAL.—In accordance with a gov-
ernment-to-government agreement between the Tribe
and the Secretary, in a manner consistent with levels
of legal protection in effect on the date of enactment
of this section, the Tribe shall protect, under ordi-
nances adopted by the Tribe, any plant species that
is—
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‘‘(A) listed as an endangered species or
threatened species under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533); and
‘‘(B) located or found on the NOSR–2 land
conveyed to the Tribe.
‘‘(2) TRIBAL JURISDICTION.—The protection de-
scribed in paragraph (1) shall be performed solely
under tribal jurisdiction
‘‘(h) HORSES.—
‘‘(1) IN GENERAL.—The Tribe shall manage, pro-
tect, and assert control over any horse not owned by
the Tribe or tribal members that is located or found
on the NOSR–2 land conveyed to the Tribe in a man-
ner that is consistent with Federal law governing the
management, protection, and control of horses in ef-
fect on the date of enactment of this section.
‘‘(2) TRIBAL JURISDICTION.—The management,
control, and protection of horses described in para-
graph (1) shall be performed solely—
‘‘(A) under tribal jurisdiction; and
‘‘(B) in accordance with a government-to-
government agreement between the Tribe and the
Secretary.
‘‘(i) REMEDIAL ACTION AT MOAB SITE.—
‘‘(1) INTERIM REMEDIAL ACTION.—
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‘‘(A) PLAN.—Not later than 1 year after the
date of enactment of this section, the Secretary
of Energy shall prepare a plan for remedial ac-
tion, including ground water restoration, at the
uranium milling site near Moab, Utah, under
section 102(a) of the Uranium Mill Tailings Ra-
diation Control Act of 1978 (42 U.S.C. 7912(a)).
‘‘(B) COMMENCEMENT
OF
REMEDIAL
AC-
TION.—The Secretary of Energy shall commence
remedial action as soon as practicable after the
preparation of the plan.
‘‘(C) TERMINATION
OF
LICENSE.—The li-
cense for the materials at the site issued by the
Nuclear Regulatory Commission shall terminate
1 year from the date of enactment of this section,
unless the Secretary of Energy determines that
the license may be terminated earlier.
‘‘(D) ACTIVITIES OF THE TRUSTEE OF THE
MOAB RECLAMATION TRUST.— Until the license
referred to in subparagraph (C) terminates, the
Trustee of the Moab Reclamation Trust (referred
to in this paragraph as the ‘Trustee’), subject to
the availability of funds appropriated specifi-
cally for a purpose described in clauses (i)
through (iii) or made available by the Trustee
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from the Moab Reclamation Trust, may carry
out—
‘‘(i) interim measures to reduce or
eliminate localized high ammonia con-
centrations identified by the United States
Geological Survey in a report dated March
27, 2000, in the Colorado River;
‘‘(ii) activities to dewater the mill
tailings; and
‘‘(iii) other activities, subject to the au-
thority of the Secretary of Energy and the
Nuclear Regulatory Commission.
‘‘(E) TITLE; CARETAKING.—Until the date
on which the Moab site is sold under paragraph
(4), the Trustee—
‘‘(i) shall maintain title to the site;
and
‘‘(ii) shall act as a caretaker of the
property and in that capacity exercise
measures of physical safety consistent with
past practice, until the Secretary of Energy
relieves the Trustee of that responsibility.
‘‘(2) LIMIT ON EXPENDITURES.—The Secretary
shall limit the amounts expended in carrying out the
remedial action under paragraph (1) to—
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‘‘(A) amounts specifically appropriated for
the remedial action in an Act of appropriation;
and
‘‘(B) other amounts made available for the
remedial action under this subsection.
‘‘(3) RETENTION OF ROYALTIES.—
‘‘(A) IN GENERAL.—The Secretary of En-
ergy shall retain the amounts received as royal-
ties under subsection (e)(1).
‘‘(B) AVAILABILITY.—Amounts referred to
in subparagraph (A) shall be available, without
further Act of appropriation, to carry out the re-
medial action under paragraph (1).
‘‘(C) EXCESS AMOUNTS.—On completion of
the remedial action under paragraph (1), all re-
maining royalty amounts shall be deposited in
the General Fund of the Treasury.
‘‘(D) EXCLUSION
OF
NATIONAL
SECURITY
ACTIVITIES FUNDING.—The Secretary shall not
use any funds made available to the Department
of Energy for national security activities to
carry out the remedial action under paragraph
(1).
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
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to the Secretary of Energy to carry out the reme-
dial action under paragraph (1) such sums as
are necessary.
‘‘(4) SALE OF MOAB SITE.—
‘‘(A) IN GENERAL.—If the Moab site is sold
after the date on which the Secretary of Energy
completes the remedial action under paragraph
(1), the seller shall pay to the Secretary of En-
ergy, for deposit in the miscellaneous receipts ac-
count of the Treasury, the portion of the sale
price that the Secretary determines resulted from
the enhancement of the value of the Moab site
that is attributable to the completion of the reme-
dial action, as determined in accordance with
subparagraph (B).
‘‘(B) 
DETERMINATION
OF
ENHANCED
VALUE.—The enhanced value of the Moab site re-
ferred to in subparagraph (A) shall be equal to
the difference between—
‘‘(i) the fair market value of the Moab
site on the date of enactment of this section,
based on information available on that
date; and
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‘‘(ii) the fair market value of the Moab
site, as appraised on completion of the re-
medial action.’’.
(c) URANIUM MILL TAILINGS.—Section 102(a) of the
Uranium Mill Tailings Radiation Control Act of 1978 (42
U.S.C. 7912(a)) is amended by inserting after paragraph
(3) the following:
‘‘(4) DESIGNATION AS PROCESSING SITE.—
‘‘(A) IN
GENERAL.—Notwithstanding any
other provision of law, the Moab uranium mill-
ing site (referred to in this paragraph as the
‘Moab Site’) located approximately 3 miles
northwest of Moab, Utah, and identified in the
Final Environmental Impact Statement issued
by the Nuclear Regulatory Commission in March
1996, in conjunction with Source Material Li-
cense No. SUA 917, is designated as a processing
site.
‘‘(B) APPLICABILITY.—This title applies to
the Moab Site in the same manner and to the
same extent as to other processing sites des-
ignated under this subsection, except that—
‘‘(i) sections 103, 107(a), 112(a), and
115(a) of this title shall not apply;
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‘‘(ii) a reference in this title to the date
of the enactment of this Act shall be treated
as a reference to the date of enactment of
this paragraph; and
‘‘(iii) the Secretary, subject to the
availability of appropriations and without
regard to section 104(b), shall conduct reme-
diation at the Moab site in a safe and envi-
ronmentally sound manner, including—
‘‘(I) ground water restoration;
and
‘‘(II) the removal, to at a site in
the State of Utah, for permanent dis-
position and any necessary stabiliza-
tion, of residual radioactive material
and other contaminated material from
the Moab Site and the floodplain of the
Colorado River.’’.
(d) CONFORMING AMENDMENT.—Section 3406 of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105–
261) is amended by inserting after subsection (e) the fol-
lowing:
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‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This section
does not apply to the transfer of Oil Shale Reserve Num-
bered 2 under section 3405.’’.
TITLE XXXIV—NATIONAL
DEFENSE STOCKPILE
SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2001, the National Defense Stockpile Manager may
obligate up to $75,000,000 of the funds in the National De-
fense Stockpile Transaction Fund established under sub-
section (a) of section 9 of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section,
including the disposal of hazardous materials that are envi-
ronmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National Defense
Stockpile Manager may obligate amounts in excess of the
amount specified in subsection (a) if the National Defense
Stockpile Manager notifies Congress that extraordinary or
emergency conditions necessitate the additional obligations.
The National Defense Stockpile Manager may make the ad-
ditional obligations described in the notification after the
end of the 45-day period beginning on the date on which
Congress receives the notification.
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(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL
AUTHORITY.
Section 3303(a) of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (Public Law
105–261; 1112 Stat. 2263; 50 U.S.C. 98d note) is
amended—
(1) 
in 
paragraph 
(2), 
by 
striking
‘‘$460,000,000’’ and inserting ‘‘$409,000,000’’;
(2) 
in 
paragraph 
(3), 
by 
striking
‘‘$555,000,000’’ and inserting ‘‘$585,000,000’’; and
(3) 
in 
paragraph 
(4), 
by 
striking
‘‘$590,000,000’’ and inserting ‘‘$620,000,000’’.
SEC. 3403. DISPOSAL OF TITANIUM.
(a) DISPOSAL REQUIRED.—Subject to subsection (b),
the President shall, by September 30, 2010, dispose of
30,000 short tons of titanium contained in the National De-
fense Stockpile so as to result in receipts to the United
States in a total amount that is not less than $180,000,000.
(b) MINIMIZATION OF DISRUPTION AND LOSS.—The
President may not dispose of titanium under subsection (a)
to the extent that the disposal will result in—
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(1) undue disruption of the usual markets of
producers, processors, and consumers of titanium; or
(2) avoidable loss to the United States.
(c) TREATMENT OF RECEIPTS.—Notwithstanding sec-
tion 9 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h), funds received as a result of the dis-
posal of titanium under subsection (a) shall be applied as
follows: $174,000,000 to defray the costs of health care ben-
efit improvements for retired military personnel; and
$6,000,000 for transfer to the American Battle Monuments
Commission for deposit in the fund established under sec-
tion 2113 of title 36, United States Code, for the World War
II memorial authorized by section 1 of Public Law 103–
32 (107 Stat. 90).
(d) WORLD WAR II MEMORIAL.—(1) The amount
transferred to the American Battle Monuments Commission
under subsection (c) shall be used to complete all necessary
requirements for the design of, ground breaking for, con-
struction of, maintenance of, and dedication of the World
War II memorial. The Commission shall determine how the
amount shall be apportioned among such purposes.
(2) Any funds not necessary for the purposes set forth
in paragraph (1) shall be transferred to and deposited in
the general fund of the Treasury.
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(e) RELATIONSHIP
TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law regard-
ing materials in the National Defense Stockpile.
TITLE XXXV—ENERGY EMPLOY-
EES OCCUPATIONAL ILLNESS
COMPENSATION
SEC. 3501. SHORT TITLE.
This title may be cited as the ‘‘Energy Employees Oc-
cupational Illness Compensation Act of 2000’’.
SEC. 3502. CONSTRUCTION WITH OTHER LAWS.
References in this title to a provision of another statute
shall be considered as references to such provision, as
amended and as may be amended from time to time.
SEC. 3503. DEFINITIONS.
(a) IN GENERAL.—In this title:
(1) ATOMIC WEAPON.—The term ‘‘atomic weap-
on’’ has the meaning given that term in section 11d.
of the Atomic Energy Act of 1954 (42 U.S.C.
2014(d)).
(2) ATOMIC
WEAPONS
EMPLOYEE.—The term
‘‘atomic weapons employee’’ means an individual em-
ployed by an atomic weapons employer during a time
when the employer was processing or producing, for
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the use by the United States, material that emitted
radiation and was used in the production of an atom-
ic weapon, excluding uranium mining and milling.
(3) ATOMIC
WEAPONS
EMPLOYER.—The term
‘‘atomic weapons employer’’ means an entity that—
(A) processed or produced, for the use by the
United States, material that emitted radiation
and was used in the production of an atomic
weapon, excluding uranium mining and milling;
and
(B) is designated as an atomic weapons em-
ployer for purposes of this title by the Secretary
of Energy.
(4) ATOMIC WEAPONS EMPLOYER FACILITY.—The
term ‘‘atomic weapons employer facility’’ means a fa-
cility, owned by an atomic weapons employer, that is
or was used to process or produce, for use by the
United States, material that emitted radiation and
was used in the production of an atomic weapon, ex-
cluding uranium mining or milling.
(5) BERYLLIUM VENDOR.—The term ‘‘beryllium
vendor’’ means the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its
predecessor, Brush Beryllium Company.
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(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its prede-
cessors, Kawecki-Berylco, Cabot Corporation,
BerylCo, and Beryllium Corporation of America.
(F) Nuclear Materials and Equipment Cor-
poration.
(G) StarMet Corporation, and its prede-
cessor, Nuclear Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or producer
of beryllium or related products designated as a
beryllium vendor for purposes of this title under
section 3504(a).
(6) CHRONIC SILICOSIS.—The term ‘‘chronic sili-
cosis’’ means silicosis if—
(A) at least 10 years elapse between initial
exposure to silica and the emergence of the sili-
cosis; and
(B) the silicosis is established by one of the
following:
(i) A chest x-ray presenting any com-
bination of rounded opacities of type
p/q/r, with or without irregular opacities,
present in at least both upper lung zones
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and of profusion 1/0 or greater, as found in
accordance with the International Labor
Organization classification system.
(ii) A physician’s provisional or work-
ing diagnosis of silicosis, combined with—
(I) a chest radiograph interpreted
as consistent with silicosis; or
(II) pathologic findings consistent
with silicosis.
(iii) A history of occupational exposure
to airborne silica dust and a chest
radiograph or other imaging technique in-
terpreted as consistent with silicosis or
pathologic findings consistent with silicosis.
(7) COMPENSATION.—The term ‘‘compensation’’
means the money allowance payable under this title
and any other benefits paid for from the Fund includ-
ing the alternative compensation payable pursuant to
section 3515.
(8) COVERED BERYLLIUM EMPLOYEE.—The term
‘‘covered beryllium employee’’ means the following:
(A) A current or former employee (as that
term is defined in section 8101(1) of title 5,
United States Code) who may have been exposed
to beryllium at a Department of Energy facility
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or at a facility owned, operated, or occupied by
a beryllium vendor.
(B) A current or former employee of any
entity that contracted with the Department of
Energy to provide management and operation,
management and integration, or environmental
remediation of a Department of Energy facility
or an employee of any contractor or subcon-
tractor that provided services, including con-
struction and maintenance, at such a facility.
(C) A current or former employee of a be-
ryllium vendor, or a contractor or subcontractor
of a beryllium vendor, during a period when the
vendor was engaged in activities related to the
production or processing of beryllium for sale to,
or use by, the Department of Energy.
(9) COVERED BERYLLIUM ILLNESS.—The term
‘‘covered beryllium illness’’ means any condition as
follows:
(A) Beryllium sensitivity as established
by—
(i) an abnormal beryllium lymphocyte
proliferation test performed on either blood
or lung lavage cells; or
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(ii) other means specified under section
3504(b).
(B) Chronic beryllium disease as established
by the following:
(i) For diagnoses on or after January
1, 1993—
(I) beryllium sensitivity, as estab-
lished in accordance with subpara-
graph (A); and
(II) lung pathology consistent
with 
chronic 
beryllium 
disease,
including—
(aa) a lung biopsy showing
granulomas or a lymphocytic
process consistent with chronic be-
ryllium disease;
(bb) a computerized axial to-
mography scan showing changes
consistent with chronic beryllium
disease; or
(cc) pulmonary function or
exercise 
testing 
showing 
pul-
monary deficits consistent with
chronic beryllium disease.
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(ii) For diagnoses before January 1,
1993, the presence of four of the criteria set
forth in subclauses (I) through (VI), includ-
ing the criteria set forth in subclause (I)
and any three of the criteria set forth in
subclauses (II) through (VI):
(I) 
Occupational 
or 
environ-
mental history, or epidemiologic evi-
dence of beryllium exposure.
(II) Characteristic chest radio-
graphic 
(or 
computed 
tomography
(CT) abnormalities.
(III) Restrictive or obstructive
lung physiology testing or diffusing
lung capacity defect.
(IV) Lung pathology consistent
with chronic beryllium disease.
(V) Clinical course consistent with
a chronic respiratory disorder.
(VI) Immunologic tests showing
beryllium sensitivity (skin patch test
or beryllium blood test preferred).
(iii) Other means specified under sec-
tion 3504(b).
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(C) Any injury, illness, impairment, or dis-
ability sustained as a consequence of a covered beryl-
lium illness referred to in subparagraph (A) or (B).
(10) COVERED EMPLOYEE.—The term ‘‘covered
employee’’ means a covered beryllium employee, a
covered employee with cancer, or a covered employee
with chronic silicosis.
(11) COVERED EMPLOYEE WITH CANCER.—The
term ‘‘covered employee with cancer’’ means the fol-
lowing:
(A) An individual who meets the criteria in
section 3511(c)(1).
(B) A member of the Special Exposure Co-
hort.
(12) COVERED EMPLOYEE WITH CHRONIC SILI-
COSIS.—The term ‘‘covered employee with chronic sil-
icosis’’ means a—
(A) Department of Energy employee; or
(B) Department of Energy contractor em-
ployee;
with chronic silicosis who was exposed to silica in the
performance of duty as determined in section 3511(b).
(13) DEPARTMENT OF ENERGY.—The term ‘‘De-
partment of Energy’’ includes the predecessor agencies
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of the Department of Energy, including the Manhat-
tan Engineering District.
(14) DEPARTMENT OF ENERGY CONTRACTOR EM-
PLOYEE.—The term ‘‘Department of Energy con-
tractor employee’’ means the following:
(A) An individual who is or was in resi-
dence at a Department of Energy facility as a
researcher for a period of at least 24 cumulative
months.
(B) An individual who is or was employed,
at a Department of Energy facility by—
(i) an entity that contracted with the
Department of Energy to provide manage-
ment and operating, management and inte-
gration, or environmental remediation at
the facility; or
(ii) a contractor or subcontractor that
provided services, including construction
and maintenance, at the facility.
(15) DEPARTMENT OF ENERGY FACILITY.—The
term ‘‘Department of Energy facility’’ means any
building, structure, or premise, including the grounds
upon which such building, structure, or premise is lo-
cated—
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(A) in which operations are, or have been,
conducted by, or on behalf of, the Department of
Energy (except for buildings, structures, prem-
ises, grounds, or operations covered by Executive
Order 12344, pertaining to the Naval Nuclear
Propulsion Program); and
(B) with regard to which the Department of
Energy has or had—
(i) a proprietary interest; or
(ii) entered into a contract with an en-
tity to provide management and operation,
management 
and 
integration, 
environ-
mental remediation services, construction,
or maintenance services.
(16) FUND.—The term ‘‘Fund’’ means the En-
ergy Employees’ Occupational Illness Compensation
Fund under section 3542 of this title.
(17) MONTHLY PAY.—The term ‘‘monthly pay’’
means the monthly pay at the time of injury, or the
monthly pay at the time disability begins, or the
monthly pay at the time the compensable disability
recurs, if the recurrence begins more than 6 months
after the employee resumes regular full-time employ-
ment, whichever is greater, except when otherwise de-
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termined under section 8113 of title 5, United States
Code.
(18) RADIATION.—The term ‘‘radiation’’ means
ionizing radiation in the form of—
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles
from accelerator machines.
(19) SECRETARY OF HEALTH AND HUMAN SERV-
ICES.—The term ‘‘Secretary of Health and Human
Services’’ means the Secretary of Health and Human
Services with the assistance of the Director of the Na-
tional Institute for Occupational Safety and Health.
(20) SPECIAL
EXPOSURE
COHORT.—The term
‘‘Special Exposure Cohort’’ means the following
groups of Department of Energy employees, Depart-
ment of Energy contractor employees, and atomic
weapons employees:
(A) Individuals who—
(i) were employed during the period
prior to February 1, 1992—
(I) at the gaseous diffusion plants
located in—
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(aa) Paducah, Kentucky;
(bb) Portsmouth, Ohio; or
(cc) Oak Ridge, Tennessee;
and
(II) by—
(aa) the Department of En-
ergy;
(bb) a Department of Energy
contractor or subcontractor; or
(cc) an atomic weapons em-
ployer; and
(ii) during employment covered by
clause (i)—
(I) were monitored through the
use of dosimetry badges for exposure at
the plant of the external parts of the
employee’s body to radiation; or
(II) worked in a job that had ex-
posures comparable to a job that is or
was monitored through the use of do-
simetry badges.
(B) Individuals who were employed by the
Department of Energy or a Department of En-
ergy contractor or subcontractor on Amchitka Is-
land, Alaska, prior to January 1, 1974, and who
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were exposed to ionizing radiation in the per-
formance of duty related to the Long Shot,
Milrow, or Cannikin underground nuclear tests.
(C) Individuals designated as part of the
Special Exposure Cohort by the Secretary of
Health and Human Services, in accordance with
section 3513.
(21) SPECIFIED CANCER.—The term ‘‘specified
cancer’’ means the following:
(A) 
Leukemia 
(other 
than 
chronic
lymphocytic leukemia).
(B) Multiple myeloma.
(C) Non-Hodgkins Lymphoma.
(D) Cancer of the—
(i) bladder;
(ii) bone;
(iii) brain;
(iv) breast (male or female);
(v) cervix;
(vi) digestive system (including esoph-
agus, stomach, small intestine, bile ducts,
colon, rectum, or other digestive organs);
(vii) gallbladder;
(viii) kidney;
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(ix) larynx, pharynx, or other res-
piratory organs;
(x) liver;
(xi) lung;
(xii) male genitalia;
(xiii) nasal organs;
(xiv) nervous system;
(xv) ovary;
(xvi) pancreas;
(xvii) prostate;
(xviii) salivary gland (parotid or non-
parotid);
(xix) thyroid;
(xx) ureter;
(xxi) urinary tract or other urinary
organs; or
(xxii) uterus.
(22) SURVIVOR.—The term ‘‘survivor’’ means
any individual or individuals eligible to receive com-
pensation pursuant to section 8133 of title 5, United
States Code.
(23) TIME OF INJURY.—The term ‘‘time of in-
jury’’ means—
(A) in regard to a claim arising out of ex-
posure to beryllium, the last date on which a
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covered employee was exposed to beryllium in the
performance of duty in accordance with section
3511(a);
(B) in regard to a claim arising out of
chronic silicosis, the last date on which a covered
employee was exposed to silica in the perform-
ance of duty in accordance with section 3511(b);
and
(C) in regard to a claim arising out of ex-
posure to radiation, the last date on which a cov-
ered employee was exposed to radiation in the
performance of duty in accordance with section
3511(c)(1) or, in the case of a member of the
Special Exposure Cohort, the last date on which
the member of the Special Exposure Cohort was
employed at the Department of Energy facility
at which the member was exposed to radiation.
(b) TERMS USED IN ADMINISTRATION.—
(1) IN GENERAL.—The following terms have the
meaning given those terms in section 8101 of title 5,
United States Code—
(A) ‘‘physician’’;
(B) ‘‘medical, surgical, and hospital services
and supplies’’;
(C) ‘‘injury’’;
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(D) ‘‘widow’’;
(E) ‘‘parent’’;
(F) ‘‘brother’’;
(G) ‘‘sister’’;
(H) ‘‘child’’;
(I) ‘‘grandchild’’;
(J) ‘‘widower’’;
(K) ‘‘student’’;
(L) ‘‘price index’’;
(M) ‘‘organ’’; and
(N) ‘‘United States medical officers and
hospitals’’.
(2) EMPLOYEE.—In applying any provision of
chapter 81 of title 5, United States Code (except sec-
tion 8101), under this title, the term ‘‘employee’’ in
such provision shall mean a covered employee.
(3) EMPLOYEES’ COMPENSATION FUND.—In ap-
plying any provision of chapter 81 of title 5, United
States Code, under this title, the term ‘‘Employees’
Compensation Fund’’ in such provision shall mean
the Fund.
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SEC. 3504. EXPANSION OF LIST OF BERYLLIUM VENDORS
AND MEANS OF ESTABLISHING COVERED BE-
RYLLIUM ILLNESSES.
(a) BERYLLIUM VENDORS.—The Secretary of Energy
may from time to time, and in consultation with the Sec-
retary of Labor, designate as a beryllium vendor for pur-
poses of section 3503(a)(5) any vendor, processor, or pro-
ducer of beryllium or related products not previously listed
under or designated for purposes of that section if the Sec-
retary of Energy finds that such vendor, processor, or pro-
ducer has been engaged in activities related to the produc-
tion or processing of beryllium for sale to, or use by, the
Department of Energy in a manner similar to the entities
listed in that section.
(b) MEANS OF ESTABLISHING COVERED BERYLLIUM
ILLNESSES.—The Secretary of Health and Human Services
may from time to time, and in consultation with the Sec-
retary of Energy, specify means of establishing the existence
of a covered beryllium illness referred to in subparagraph
(A) or (B) of section 3503(a)(9) not previously listed under
or specified for purposes of such subparagraph.
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Subtitle A—Beryllium, Silicosis,
and Radiation Compensation
SEC. 3511. EXPOSURE TO HAZARDS IN THE PERFORMANCE
OF DUTY.
(a) BERYLLIUM.—In the absence of substantial evi-
dence to the contrary, a covered beryllium employee shall
be determined to have been exposed to beryllium in the per-
formance of duty for the purposes of this title if, and only
if, the covered beryllium employee was—
(1) employed at a Department of Energy facil-
ity; or
(2) present at a Department of Energy facility,
or a facility owned and operated by a beryllium ven-
dor, because of employment by the United States, a
beryllium vendor, or a contractor or subcontractor of
the Department of Energy;
during a period when beryllium dust, particles, or vapor
may have been present at such facility.
(b) CHRONIC SILICOSIS.—In the absence of substantial
evidence to the contrary, a covered employee with chronic
silicosis shall be determined to have been exposed to silica
in the performance of duty for the purposes of this title if,
and only if, the covered employee with chronic silicosis was
present during the mining of tunnels at a Department of
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Energy facility for tests or experiments related to an atomic
weapon.
(c) CANCER.—
(1) IN GENERAL.—A Department of Energy em-
ployee, Department of Energy contractor employee, or
an atomic weapons employee shall be determined to
have sustained a cancer in the performance of duty
if, and only if, such employee—
(A) contracted cancer after beginning em-
ployment at a Department of Energy facility for
a Department of Energy contractor or an atomic
weapons employer facility for an atomic weap-
ons employer; and
(B) falls within guidelines that—
(i) are established by the Secretary of
Health and Human Services by regulation,
after consultation with the Secretary of En-
ergy and after technical review by the Advi-
sory Board under section 3512, for deter-
mining whether the cancer the employee
contracted was at least as likely as not re-
lated to employment at the facility;
(ii) are based on the radiation dose re-
ceived by the employee (or a group of em-
ployees performing similar work) at the fa-
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cility and the upper 99 percent confidence
interval of the probability of causation in
the radioepidemiological tables published
under section 7(b) of the Orphan Drug Act
(42 U.S.C. 241 note), as such tables may be
updated under section 7(b)(3) of such Act
from time to time;
(iii) incorporate the methods estab-
lished under subsection (d); and
(iv) take into consideration the type of
cancer; past health-related activities, such
as smoking; information on the risk of de-
veloping a radiation-related cancer from
workplace exposure; and other relevant fac-
tors.
(2) SPECIAL EXPOSURE COHORT.—A member of
the Special Exposure Cohort shall be determined to
have sustained a cancer in the performance of duty
if, and only if, such individual contracted a specified
cancer after beginning employment at a Department
of Energy facility for a Department of Energy con-
tractor or an atomic weapons employer facility for an
atomic weapons employer.
(d) RADIATION DOSE.—
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(1) IN GENERAL.—The Secretary of Health and
Human Services, after consultation with the Sec-
retary of Energy, shall—
(A) establish by regulation methods for ar-
riving at reasonable estimates of the radiation
doses Department of Energy employees or De-
partment of Energy contractor employees re-
ceived at a Department of Energy facility and
atomic weapons employees received at a facility
operated by an atomic weapons employer if such
employees were not monitored for exposure to ra-
diation at the facility, or were monitored inad-
equately, or if the employees’ exposure records
are missing or incomplete; and
(B) provide to an employee who meets the
requirements of subsection (c)(1)(B) an estimate
of the radiation dose the employee received based
on dosimetry reading, a method established
under subparagraph (A), or a combination of
both.
(2) SCIENTIFIC
REVIEW.—The Secretary of
Health and Human Services shall establish an inde-
pendent review process utilizing the Advisory Board
under section 3512 to assess the methods established
under paragraph (1)(A) and the application of those
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methods and to verify a reasonable sample of indi-
vidual dose reconstructions provided under paragraph
(1)(B).
(3) ACCESS TO DOSE RECONSTRUCTIONS.—The
Secretary of Health and Human Services and the
Secretary of Energy each shall, consistent with the
protection of private medical records, make available
to researchers and the general public information on
the assumptions, methodology, and data used in dose
reconstructions undertaken under this subtitle.
SEC. 3512. ADVISORY BOARD ON RADIATION AND WORKER
HEALTH.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 120 days after
the date of enactment of this title, the Secretary of
Health and Human Services, in consultation with the
Secretary of Energy, shall establish and appoint an
Advisory Board on Radiation and Worker Health.
(2) BALANCE OF VIEWS.—In making appoint-
ments to the Board, the Secretary of Health and
Human Services shall also consult with labor unions
and other organizations with expertise on worker
health issues to ensure that the membership of the
Board reflects a balance of scientific, medical, and
worker perspectives.
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(3) CHAIR.—The Secretary of Health and
Human Services shall designate a Chair for the
Board from among its members.
(b) DUTIES.—The Board shall advise the Secretary of
Health and Human Services, Secretary of Energy, and Sec-
retary of Labor on—
(1) the development of guidelines to be used by
the Secretary of Health and Human Services under
section 3511;
(2) the scientific validity and quality of dose es-
timation and reconstruction efforts being performed to
implement compensation programs under this sub-
title; and
(3) other matters related to radiation and worker
health in Department of Energy facilities as the Sec-
retary of Labor, the Secretary of Energy, or the Sec-
retary of Health and Human Services may request.
(c) STAFF.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall appoint a staff to facilitate the
work of the Board, headed by a Director appointed
under subchapter VIII of chapter 33 of title 5, United
States Code.
(2) DETAILS.—The Secretary of Health and
Human Services may accept for staff of the Board
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personnel on detail from other Federal agencies to
serve on the staff on a nonreimbursable basis.
(d) EXPENSES.—Members of the Board, other than
full-time employees of the Federal Government, while at-
tending meetings of the Board or while otherwise serving
at the request of the Secretary of Health and Human Serv-
ices while serving away from their homes or regular places
of business, may be allowed travel and meal expenses, in-
cluding per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for individuals
in the Government serving without pay.
(e) APPLICABILITY OF FACA.—The Advisory Board
shall be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 3513. DESIGNATION OF ADDITIONAL MEMBERS OF THE
SPECIAL EXPOSURE COHORT.
(a) ADVICE ON MEMBERSHIP IN COHORT.—
(1) IN GENERAL.—Upon request of the Secretary
of Health and Human Services, the Advisory Board
on Radiation and Worker Health under section 3512,
based on exposure assessments by radiation health
professionals, information provided by the Depart-
ment of Energy, and other information deemed ap-
propriate by the Board, shall advise the Secretary of
Health and Human Services whether there is a class
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of employees at a Department of Energy facility who
likely were exposed to radiation at the facility but for
whom it is not feasible to estimate with sufficient ac-
curacy the radiation dose they received.
(2) PROCEDURES.—The Secretary of Health and
Human Services shall establish procedures for consid-
ering petitions by classes of employees to request the
advice of the Board.
(b) TREATMENT AS MEMBERS OF COHORT.—A class
of employees at a Department of Energy facility shall be
considered as members of the Special Exposure Cohort for
purposes of section 3503(a)(20) if the Secretary of Health
and Human Services, upon recommendation of the Advi-
sory Board on Radiation and Worker Health and in con-
sultation with the Secretary of Energy, determines that—
(1) it is not feasible to estimate with sufficient
accuracy the radiation dose which the class received;
and
(2) there is a reasonable likelihood that the radi-
ation dose may have endangered the health of mem-
bers of the class.
(c) ACCESS TO INFORMATION.—The Secretary of En-
ergy shall, in accordance with law, provide the Secretary
of Health and Human Services and the members and staff
of the Advisory Board under section 3512 access to relevant
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information on worker exposures, including access to Re-
stricted Data (as that term is defined in section 11y. of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 3514. AUTHORITY TO PROVIDE COMPENSATION AND
OTHER ASSISTANCE.
(a) COMPENSATION.—Subject to the provisions of this
title, the Secretary of Labor—
(1) shall pay compensation in accordance with
sections 8105 through 8110, 8111(a), 8112, 8113,
8115, 8117, 8133, 8134, 8146a(a), and 8146a(b) of
title 5, United States Code, for the disability or
death—
(A) from a covered beryllium illness of a
covered beryllium employee who was exposed to
beryllium while in the performance of duty as
determined in accordance with section 3511(a) of
this title;
(B) from chronic silicosis of a covered em-
ployee with chronic silicosis who was exposed to
silica in the performance of duty as determined
in accordance with section 3511(b) of this title;
or
(C) from cancer of a covered employee with
cancer determined to have sustained that cancer
in the performance of duty in accordance with
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section 3511(c) of this title or from any injury
suffered as a consequence of that cancer;
(2) shall furnish the services and other benefits
specified in section 8103 of title 5, United States
Code, to—
(A) a covered beryllium employee with a
covered beryllium illness who was exposed to be-
ryllium in the performance of duty as deter-
mined in accordance with section 3511(a) of this
title;
(B) a covered employee with chronic sili-
cosis who was exposed to silica in the perform-
ance of duty as determined in accordance with
section 3511(b) of this title; or
(C) a covered employee with cancer deter-
mined to have sustained that cancer in the per-
formance of duty in accordance with section
3511(c) of this title or to have suffered any in-
jury as a consequence of that cancer; and
(3) may direct a permanently disabled indi-
vidual whose disability is compensable under this
subtitle to undergo vocational rehabilitation and shall
provide for furnishing such vocational rehabilitation
services pursuant to the provisions of sections 8104,
8111(b), and 8113(b) of title 5, United States Code.
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(b) LIMITATIONS ON COMPENSATION.—
(1) EMPLOYEE MISCONDUCT.—No compensation
or benefits may be paid or provided under this title
for a cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death if the can-
cer (including a specified cancer), chronic silicosis,
covered beryllium illness, or death occurred under one
of the circumstances set forth in paragraph (1), (2),
or (3) of section 8102(a) of title 5, United States
Code.
(2) RETROACTIVE BENEFITS.—No compensation
may be paid under this section for any period before
the date of enactment of this title, except in the case
of compensation under section 3515.
(3) SOURCE.—All compensation under this sub-
title shall be paid from the Fund.
(c) COMPUTATION OF PAY.—
(1) IN GENERAL.—Except as otherwise provided
by this title or by regulation, computation of pay
under this title shall be determined in accordance
with section 8114 of title 5, United States Code.
(2) 
SUBSTITUTE
RULE
FOR
SECTION
8114(d)(3).—If either of the methods of determining
the average annual earnings specified in section
8114(d) (1) and (2) of title 5, United States Code,
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cannot be applied reasonably and fairly, the average
annual earnings are a sum that reasonably represents
the annual earning capacity of the covered employee
in the employment in which the employee was work-
ing at the time of injury having regard to the pre-
vious earnings of the employee in similar employ-
ment, and of other employees of the same employer in
the same or most similar class working in the same
or most similar employment in the same or neigh-
boring location, other previous employment of the em-
ployee, or other relevant factors. However, the average
annual earnings may not be less than 150 times the
average daily wage the covered employee earned in
the employment during the days employed within 1
year immediately preceding the time of injury.
(d) ASSISTANCE FOR CLAIMANTS.—The Secretary of
Labor shall, upon the receipt of a request for assistance from
a claimant for compensation under this section, provide as-
sistance to the claimant in connection with the claim,
including—
(1) assistance in securing medical testing and
diagnostic services necessary to establish the existence
of a covered beryllium illness or cancer; and
(2) such other assistance as may be required to
develop facts pertinent to the claim.
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(e) ASSISTANCE
FOR POTENTIAL CLAIMANTS.—The
Secretary of Energy, in consultation with the Secretary of
Labor, shall take appropriate actions to inform and assist
covered employees who are potential claimants under this
subtitle, and other potential claimants under this subtitle,
of the availability of compensation under this subtitle, in-
cluding actions to—
(1) ensure the ready availability, in paper and
electronic format, of forms necessary for making
claims;
(2) provide such covered employees and other po-
tential claimants with information and other support
necessary for making claims, including—
(A) medical protocols for medical testing
and diagnosis to establish the existence of a cov-
ered beryllium illness, silicosis, or cancer; and
(B) lists of vendors approved for providing
laboratory services related to such medical test-
ing and diagnosis;
(3) provide such additional assistance to such
covered employees and other potential claimants as
may be required for the development of facts pertinent
to a claim.
(f) INFORMATION FROM BERYLLIUM VENDORS AND
OTHER CONTRACTORS.—As part of the assistance program
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provided under subsections (d) and (e), and as permitted
by law, the Secretary of Energy shall, upon the request of
the Secretary of Labor, require a beryllium vendor or other
Department of Energy contractor or subcontractor to pro-
vide information relevant to a claim or potential claim
under this title to the Secretary of Labor.
SEC. 3515. ALTERNATIVE COMPENSATION.
(a) IN GENERAL.—Subject to the provisions of this sec-
tion, a covered employee eligible for benefits under section
3514(a), or the survivor of such covered employee if the em-
ployee is deceased, may elect to receive compensation in the
amount of $200,000 in lieu of any other compensation
under section 3514(a)(1).
(b) DEATH BEFORE ELECTION.—
(1) IN GENERAL.—Subject to the provisions of
this section, if a covered employee otherwise eligible to
make an election provided by this section dies before
the date of enactment of this title, or before making
the election, whether or not the death is a result of a
cancer (including a specified cancer), chronic sili-
cosis, or covered beryllium illness, a survivor of the
covered employee on behalf of the survivor and any
other survivors of the covered employee may make the
election and receive the compensation provided for
under this section.
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(2) PRECEDENCE OF SURVIVORS.—The right to
make an election and to receive compensation under
this section shall be afforded to survivors in the order
of precedence set forth in section 8109 of title 5,
United States Code.
(c) TIME LIMIT FOR ELECTION.—An election under
this section may be made at any time after the submittal
under this subtitle of the claim on which such compensation
is based, but not later than 30 days after the latter of the
date of—
(1) a determination by the Secretary of Labor
that an employee is eligible for an award under this
section; or
(2) a determination by the Secretary of Labor
under section 3214 awarding an employee or an em-
ployee’s survivors compensation for total or partial
disability or compensation in case of death.
(d) IRREVOCABILITY OF ELECTION.—
(1) IN GENERAL.—An election under this section
when made is irrevocable.
(2) BINDING EFFECT.—An election made by a
covered employee or survivor under this section is
binding on all survivors of the covered employee.
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SEC. 3516. SUBMITTAL OF CLAIMS.
(a) CLAIM REQUIRED.—A claim for compensation
under this subtitle shall be submitted to the Secretary of
Labor in the manner specified in section 8121 of title 5,
United States Code.
(b) GENERAL TIME LIMITATIONS.—A claim for com-
pensation under this subtitle shall be filed under this section
not later than the later of—
(1) seven years after the date of enactment of this
title;
(2) seven years after the date the claimant first
becomes aware that a cancer (including a specified
cancer), chronic silicosis, covered beryllium illness, or
death from any of the foregoing of a covered employee
may be connected to the exposure of the covered em-
ployee to beryllium, radiation, or silica in the per-
formance of duty.
(c) NEW PERIOD FOR ADDITIONAL ILLNESSES AND
CONDITIONS.—A new period of limitation under subsection
(b)(2) shall commence with each new diagnosis of a cancer
(including a specified cancer), chronic silicosis, or covered
beryllium illness that is different from a previously diag-
nosed cancer (including a specified cancer), chronic sili-
cosis, or covered beryllium illness.
(d) DEATH CLAIM.—The timely filing of a disability
claim for a cancer (including a specified cancer), chronic
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silicosis, or covered beryllium illness shall satisfy the time
requirements of this section for death benefits for the same
cancer (including a specified cancer), chronic silicosis, or
covered beryllium illness.
SEC. 3517. ADJUDICATION AND ADMINISTRATION.
(a) IN GENERAL.—
(1) REQUIREMENT.—The Secretary of Labor
shall determine and make a finding of fact and make
an award for or against payment of compensation
under this subtitle after—
(A) considering the claim presented by the
claimant, the results of any medical test or diag-
nosis undertaken to establish the existence of a
cancer (including a specified cancer), chronic sil-
icosis, or covered beryllium illness, and any re-
port furnished by the Secretary of Energy with
respect to the claim; and
(B) completing such investigation as the
Secretary of Labor considers necessary.
(2) SCOPE OF ALLOWANCE AND DENIAL.—The
Secretary may allow or deny a claim, in whole or in
part.
(b) AVAILABLE AUTHORITIES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), in carrying out activities under subsection
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(c), the Secretary of Labor may utilize the authorities
available to the Secretary under sections 8123,
8124(b), 8125, 8126, 8128(a), and 8129 of title 5,
United States Code.
(2) DISAGREEMENT.—If there is a disagreement
under section 8123(a) of title 5, United States Code,
between the physician making the examination for the
United States and the physician of the employee, the
Secretary of Labor shall appoint a third physician
from a roster of physicians with relevant expertise
maintained by the Secretary of Health and Human
Services.
(c) RIGHTS OF CLAIMANT.—
(1) IN GENERAL.—Except as provided by para-
graph (2), the provisions of section 8127 of title 5,
United States Code, shall apply.
(2) SUITS TO COMPEL INFORMATION.—A claim-
ant may commence an action in the appropriate dis-
trict court of the United States against a beryllium
vendor, or other contractor or subcontractor of the De-
partment of Energy, to compel the production of in-
formation or documents requested by the Secretary of
Labor under this subtitle if such information or docu-
ments are not provided within 180 days of the date
of the request. Upon successful resolution of any ac-
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tion brought under this paragraph, the court shall
award the claimant reasonable attorney fees and costs
to be paid by the defendant in such action.
(d) DEADLINES.—Beginning on the date that is two
years after the date of enactment of this title, the Secretary
of Labor shall allow or deny a claim under this section not
later than the later of—
(1) 180 days after the date of submittal of the
claim to the Secretary under section 3516; or
(2) 120 days after the date of receipt of informa-
tion or documents produced under subsection (c)(2).
(e) RESOLUTION OF REASONABLE DOUBT.—Except as
provided in subsection (b)(2), in determining whether a
claimant meets the requirements of this subtitle, the Sec-
retary of Labor shall find in favor of the claimant in cir-
cumstances where the evidence supporting the claim of the
claimant and the evidence controverting the claim of the
claimant is in equipoise.
(f) SERVICE OF DECISION.—The Secretary of Labor
shall have served upon a claimant the Secretary’s decision
denying the claim under this section, including the finding
of fact under subsection (a)(1).
(g) HEARINGS AND FURTHER REVIEW.—
(1) REGULATIONS.—The Secretary of Labor may
prescribe regulations necessary for the administration
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and enforcement of this title including regulations for
the conduct of hearings under this section.
(2) APPEALS PANELS.—
(A) IN
GENERAL.—Regulations issued by
the Secretary of Labor under this title shall pro-
vide for one or more Energy Employees’ Com-
pensation Appeals Panels of three individuals
with authority to hear and, subject to applicable
law and the regulations of the Secretary, make
final decisions on appeals taken from determina-
tions and awards with respect to claims of em-
ployees filed under this subtitle.
(B) INTERAGENCY AGREEMENT.—Under an
agreement between the Secretary of Labor and
another Federal agency (except the Department
of Energy), a panel appointed by the other Fed-
eral agency may provide these appellate deci-
sionmaking services.
(3) APPEAL.—An individual seeking review of a
denial of an award under this section shall submit an
appeal in accordance with the regulations under this
subsection.
(h) RECONSIDERATION BASED ON NEW CRITERIA OR
EVIDENCE.—
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(1) NEW
CRITERIA
OR
METHODS
FOR
ESTAB-
LISHING WORK-RELATED ILLNESS.—A claimant may
obtain reconsideration of a decision awarding or de-
nying coverage under this subtitle within one year
after the effective date of regulations setting forth—
(A) new criteria for establishing a covered
beryllium illness pursuant to section 3504(b); or
(B) additional or revised methods for deter-
mining whether a cancer was at least as likely
as not related to employment pursuant to section
3211(c)(1)(B)(i);
by submitting evidence that is relevant and pertinent
to the new regulations.
(2) NEW EVIDENCE.—A covered employee or cov-
ered employee’s survivor may obtain reconsideration
of a decision denying an application for compensa-
tion or benefits under this title if the employee or em-
ployee’s survivor has additional medical or other in-
formation relevant to the claim that was not reason-
ably available at the time of the decision and that
likely would lead to the reversal of the decision.
Subtitle B—Exposure to Other Toxic
Substances
SEC. 3521. DEFINITIONS.
In this subtitle:
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(1) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Office of Workers’ Compensation Advo-
cate under section 217 of the Department of Energy
Organization Act, as added by section 3538 of this
Act.
(2) PANEL.—The term ‘‘panel’’ means a physi-
cians panel established under section 3522(d).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
SEC. 3522. AGREEMENTS WITH STATES.
(a) AGREEMENTS.—The Secretary, through the Direc-
tor, may enter into agreements with the Governor of a State
to provide assistance to a Department of Energy contractor
employee in filing a claim under the appropriate State
workers’ compensation system.
(b) PROCEDURE.—Pursuant to agreements under sub-
section (a), the Director may—
(1) establish procedures under which an indi-
vidual may submit an application for review and as-
sistance under this section, and
(2) review an application submitted under this
section and determine whether the applicant sub-
mitted reasonable evidence that—
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(A) the application was filed by or on be-
half of a Department of Energy contractor em-
ployee or employee’s estate, and
(B) the illness or death of the Department
of Energy contractor employee may have been re-
lated to employment at a Department of Energy
facility.
(c) SUBMITTAL OF APPLICATIONS TO PANELS.—If pro-
vided in an agreement under subsection (a), and if the Di-
rector determines that the applicant submitted reasonable
evidence under subsection (b)(2), the Director shall submit
the application to a physicians panel established under sub-
section (d). The Director shall assist the employee in obtain-
ing additional evidence within the control of the Depart-
ment of Energy and relevant to the panel’s deliberations.
(d) PANEL.—
(1) NUMBER OF PANELS.—The Director shall in-
form the Secretary of Health and Human Services of
the number of physicians panels the Director has de-
termined to be appropriate to administer this section,
the number of physicians needed for each panel, and
the area of jurisdiction of each panel. The Director
may determine to have only one panel.
(2) APPOINTMENT.—
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(A) IN GENERAL.—The Secretary of Health
and Human Services shall appoint panel mem-
bers with experience and competency in diag-
nosing occupational illnesses under section 3109
of title 5, United States Code.
(B) COMPENSATION.—Each member of a
panel shall be paid at the rate of pay payable
for level III of the Executive Schedule for each
day (including travel time) the member is en-
gaged in the work of a panel.
(3) DUTIES.—A panel shall review an applica-
tion submitted to it by the Director and determine,
under guidelines established by the Director, by rule,
whether the illness or death that is the subject of the
application arose out of and in the course of employ-
ment by the Department of Energy and exposure to
a toxic substance at a Department of Energy facility.
(4) ADDITIONAL INFORMATION.—At the request
of a panel, the Director and a contractor who em-
ployed a Department of Energy contractor employee
shall provide additional information relevant to the
panel’s deliberations. A panel may consult specialists
in relevant fields as it determines necessary.
(5) DETERMINATIONS.—Once a panel has made
a determination under paragraph (3), it shall report
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to the Director its determination and the basis for the
determination.
(6) INAPPLICABILITY OF FACA.—A panel estab-
lished under this section shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(e) ASSISTANCE.—If provided in an agreement under
subsection (a)—
(1) the Director shall review a panel’s deter-
mination made under subsection (d), information the
panel considered in reaching its determination, any
relevant new information not reasonably available at
the time of the panel’s deliberations, and the basis for
the panel’s determination;
(2) as a result of the review under paragraph
(1), the Director shall accept the panel’s determina-
tion in the absence of compelling evidence to the con-
trary;
(3) if the panel has made a positive determina-
tion under subsection (d) and the Director accepts the
determination under paragraph (2), or the panel has
made a negative determination under subsection (d)
and the Director finds compelling evidence to the
contrary—
(A) the Director shall—
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(i) assist the applicant to file a claim
under the appropriate State workers’ com-
pensation system based on the health condi-
tion that was the subject of the determina-
tion;
(ii) recommend to the Secretary of En-
ergy that the Department of Energy not
contest a claim filed under a State workers’
compensation system based on the health
condition that was the subject of the deter-
mination and not contest an award made
under a State workers’ compensation system
regarding that claim; and
(iii) recommend to the Secretary of
Energy that the Secretary direct, as per-
mitted by law, the contractor who employed
the Department of Energy contractor em-
ployee who is the subject of the claim not to
contest the claim or an award regarding the
claim; and
(B) any costs of contesting a claim or an
award regarding the claim incurred by the con-
tractor who employed the Department of Energy
contractor employee who is the subject of the
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claim shall not be an allowable cost under a De-
partment of Energy contract.
(f) INFORMATION.—At the request of the Director, a
contractor who employed a Department of Energy con-
tractor employee shall make available to the Director or the
employee, information relevant to deliberations under this
section.
(g) GAO REPORT.—Not later than February 1, 2002,
the Comptroller General shall submit a report to the Con-
gress evaluating the implementation by the Department of
Energy of the provisions of this subtitle and of the effective-
ness of the program under this subtitle in providing com-
pensation to Department of Energy contractor employees
for occupational illness.
Subtitle C—General Provisions
SEC. 3531. TREATMENT OF COMPENSATION AND BENEFITS.
(a) IN GENERAL.—Any compensation or benefits al-
lowed, paid, or provided under this title—
(1) shall not be included as income or resources
for purposes of determining eligibility to receive bene-
fits described in section 3803(c)(2)(C) of title 31,
United States Code, or the amount of those benefits;
and
(2) shall not be subject to offset under chapter 37
of title 31, United States Code.
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(b) INSURANCE.—(1) Compensation or benefits paid or
provided under this title shall not be considered as any form
of compensation or reimbursement for a loss for purposes
of imposing liability on an individual receiving the com-
pensation or benefits to repay any insurance carrier for in-
surance payments made.
(2) The payment or provision of compensation or bene-
fits under this title shall not be treated as affecting any
claim against an insurance carrier with respect to insur-
ance.
(c) PROHIBITION ON ASSIGNMENT OR ATTACHMENT OF
CLAIMS.—The provisions of section 8130 of title 5, United
States Code, shall apply to claims under this title.
(d) RETENTION OF CIVIL SERVICE RIGHTS.—If a Fed-
eral employee found to be disabled under this title resumes
employment with the Federal Government, the employee
shall be entitled to the rights set forth in section 8151 of
title 5, United States Code.
SEC. 3532. FORFEITURE OF BENEFITS BY CONVICTED FEL-
ONS.
(a) FORFEIT COMPENSATION.—Any individual con-
victed of a violation of section 1920 of title 18, United
States Code, or any other Federal or State criminal statute
relating to fraud in the application for or receipt of any
benefit under this title or under any other Federal or State
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workers’ compensation law, shall forfeit (as of the date of
such conviction) any entitlement to any benefit under this
title such individual would otherwise be awarded for any
injury, illness or death covered by this title for which the
time of injury was on or before the date of the conviction.
This forfeiture shall be in addition to any action the Sec-
retary of Labor takes under sections 8106 or 8129 of title
5, United States Code.
(b) DEPENDENTS.—(1) Notwithstanding any other
provision of law, except as provided under paragraph (2),
compensation under this title shall not be paid or provided
to an individual during any period during which such in-
dividual is confined in a jail, prison, or other penal institu-
tion or correctional facility, pursuant to that individual’s
conviction of an offense that constituted a felony under ap-
plicable law. After this period of incarceration ends, the in-
dividual shall not receive compensation forfeited during the
period of incarceration.
(2) If an individual has one or more dependents as
defined under section 8110(a) of title 5, United States Code,
the Secretary of Labor may, during the period of incarcer-
ation, pay to such dependents a percentage of the compensa-
tion under section 3114 that would have been payable to
the individual computed according to the percentages set
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forth in section 8133(a) (1) through (5) of title 5, United
States Code.
(c) INFORMATION.—Notwithstanding section 552a of
title 5, United States Code, or any other Federal or State
law, an agency of the United States, a State, or a political
subdivision of a State shall make available to the Secretary
of Labor, upon written request from the Secretary of Labor
and if the Secretary of Labor requires the information to
carry out this section, the names and Social Security ac-
count numbers of individuals confined, for conviction of a
felony, in a jail, prison, or other penal institution or correc-
tional facility under the jurisdiction of that agency.
SEC. 3533. LIMITATION ON RIGHT TO RECEIVE BENEFITS.
(a) CLAIMANT.—A claimant who receives compensa-
tion for any claim under this title, except for compensation
provided under the authority of section 8103(b) of title 5,
United States Code, shall not receive compensation for any
other claim under this title.
(b) SURVIVOR.—If a survivor receives compensation
for any claim under this title derived from a covered em-
ployee, except for compensation provided under the author-
ity of section 8103(b) of title 5, United States Code, such
survivor shall not receive compensation for any other claim
under this title derived from the same covered employee. A
survivor of a claimant who receives compensation for any
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claim under this title, except for compensation provided
under the authority of section 8103(b) of title 5, United
States Code, shall not receive compensation for any other
claim under this title derived from the same covered em-
ployee.
(c) WIDOW OR WIDOWER.—A widow or widower who
is eligible for benefits under this title derived from more
than one husband or wife shall elect one benefit to receive.
SEC. 3534. COORDINATION OF BENEFITS—STATE WORKERS’
COMPENSATION.
(a) IN GENERAL.—An individual who is eligible to re-
ceive compensation under this title because of a cancer (in-
cluding a specified cancer), chronic silicosis, covered beryl-
lium illness, or death and who is also entitled to receive
benefits because of the same cancer (including a specified
cancer), chronic silicosis, covered beryllium illness, or death
from a State workers’ compensation system shall elect which
such benefits to receive, unless—
(1) at the time of injury, workers’ compensation
coverage for the employee was secured by a policy or
contract of insurance; and
(2) the Secretary of Labor waives the require-
ment to make such an election.
(b) ELECTION.—The individual shall make the election
within the time allowed by the Secretary of Labor. The elec-
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tion when made is irrevocable and binding on all survivors
of that individual.
(c) COORDINATION.—Except as provided in paragraph
(d), an individual who has been awarded compensation
under this title and who also has received benefits from a
State workers’ compensation system because of the same
cancer (including a specified cancer), chronic silicosis, cov-
ered beryllium illness, or death, shall receive compensation
as specified under this title reduced by the amount of any
workers’ compensation benefits that the individual has re-
ceived under the State workers’ compensation system as a
result of the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death attributable to
the period subsequent to the effective date of this title, after
deducting the reasonable costs, as determined by the Sec-
retary of Labor, of obtaining benefits under the State work-
ers’ compensation system.
(d) WAIVER.—An individual described in paragraph
(a) who has also received, under paragraph (a)(2), a waiver
of the requirement to elect between compensation under this
title and benefits under a State workers’ compensation sys-
tem shall receive compensation as specified in this title for
the cancer (including a specified cancer), chronic silicosis,
covered beryllium illness, or death, reduced by 80 percent
of the net amount of any workers’ compensation benefits
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that the claimant has received under a State workers’ com-
pensation system attributable to the period subsequent to
the effective date of this title, after deducting the reasonable
costs, as determined by the Secretary of Labor, of obtaining
benefits under the State workers’ compensation system.
SEC. 3535. COORDINATION OF BENEFITS—FEDERAL WORK-
ERS’ COMPENSATION.
(a) IN GENERAL.—An individual who is eligible to re-
ceive compensation under this title because of a cancer (in-
cluding a specified cancer), chronic silicosis, covered beryl-
lium illness, or death and who is also entitled to receive
benefits because of the same cancer (including a specified
cancer), chronic silicosis, covered beryllium illness, or death
from another Federal workers’ compensation system shall
elect which such benefits to receive.
(b) ELECTION.—The individual shall make the election
within the time allowed by the Secretary of Labor. The elec-
tion when made is irrevocable and binding on all survivors
of that individual.
(c) COORDINATION.—An individual who has been
awarded compensation under this title and who also has
received benefits from another Federal workers’ compensa-
tion system because of the same cancer (including a speci-
fied cancer), chronic silicosis, covered beryllium illness, or
death, shall receive compensation as specified under this
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title reduced by the amount of any workers’ compensation
benefits that the individual has received under the other
Federal workers’ compensation system as a result of the
cancer (including a specified cancer), chronic silicosis, cov-
ered beryllium illness, or death.
SEC. 3536. RECEIPT OF BENEFITS—OTHER STATUTES.
An individual may not receive compensation under
this title for cancer and also receive compensation under
the Radiation Exposure Compensation Act (42 U.S.C. 2210
note) or the Radiation-Exposed Veterans Compensation Act
(38 U.S.C. 112(c)).
SEC. 3537. DUAL COMPENSATION—FEDERAL EMPLOYEES.
(a) LIMITATION.—While a Federal employee is receiv-
ing compensation under this title, or such employee has
been paid a lump sum in commutation of installment pay-
ments until the expiration of the period during which the
installment payments would have continued, such employee
may not receive salary, pay, or remuneration of any type
from the United States, except—
(1) in return for service actually performed;
(2) pension for service in the Army, Navy or Air
Force;
(3) other benefits administrated by the Depart-
ment of Veterans Affairs unless such benefits are pay-
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able for the same covered illness or the same death;
and
(4) retired pay, retirement pay, retainer pay, or
equivalent pay for service in the Armed Forces or
other uniformed service.
However, eligibility for or receipt of benefits under sub-
chapter III of chapter 83 of title 5, United States Code,
or another retirement system for employees of the Govern-
ment, does not impair the right of the employee to com-
pensation for scheduled disabilities specified by section 8107
of title 5, United States Code.
SEC. 3538. DUAL COMPENSATION—OTHER EMPLOYEES.
An individual entitled to receive compensation under
this title because of a cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death covered
by this title of a covered employee, who also is entitled to
receive from the United States under a provision of a stat-
ute other than this title payments or benefits for that in-
jury, illness or death (except proceeds of an insurance pol-
icy), because of service by such employee (or in the case
of death, by the deceased) as an employee or in the Armed
Forces, shall elect which benefits to receive. The individual
shall make the election within the time allowed by the Sec-
retary of Labor. The election when made is irrevocable, ex-
cept as otherwise provided by statute.
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SEC. 3539. EXCLUSIVITY OF REMEDY AGAINST THE UNITED
STATES, CONTRACTORS, AND SUBCONTRAC-
TORS.
(a) IN GENERAL.—The liability of the United States
or an instrumentality of the United States under this title
with respect to a cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death of a cov-
ered employee is exclusive and instead of all other
liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United
States;
(C) a contractor that contracted with the
Department of Energy to provide management
and operation, management and integration, or
environmental remediation of a Department of
Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services,
including construction, at a Department of En-
ergy facility (in its capacity as a subcontractor);
and
(E) an employee, agent, or assign of an en-
tity specified in subparagraphs (A) through (D);
(2) to—
(A) the covered employee;
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(B) the covered employee’s legal representa-
tive, spouse, dependents, survivors and next of
kin; and
(C) any other person, including any third
party as to whom the covered employee has a
cause of action relating to the cancer (including
a specified cancer), chronic silicosis, covered be-
ryllium illness, or death, otherwise entitled to re-
cover damages from the United States, the in-
strumentality, the contractor, the subcontractor,
or the employee, agent, or assign of one of them;
because of the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death in any pro-
ceeding or action including a direct judicial proceeding, a
civil action, a proceeding in admiralty, or a proceeding
under a tort liability statute or the common law.
(b) APPLICABILITY.—This section applies to all cases
filed on after July 31, 2000.
(c) WORKERS’ COMPENSATION.—This section does not
apply to an administrative or judicial proceeding under a
State or Federal workers’ compensation statute subject to
sections 3534 through 3538.
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SEC. 3540 ELECTION OF REMEDY AGAINST BERYLLIUM VEN-
DORS AND ATOMIC WEAPONS EMPLOYERS.
(a) BERYLLIUM VENDORS.—If an individual elects to
accept payment under this title with respect to a covered
beryllium illness or death of a covered employee, that ac-
ceptance of payment shall be in full settlement of all tort
claims related to such covered beryllium illness or death—
(1) against—
(A) a beryllium vendor or a contractor or
subcontractor of a beryllium vendor; and
(B) an employee, agent, or assign of a be-
ryllium vendor or of a contractor or subcon-
tractor of a beryllium vendor;
(2) by—
(A) that individual;
(B) that individual’s legal representative,
spouse, dependents, survivors, and next of kin;
and
(C) any other person, including any third
party as to whom a covered employee has a
cause of action relating to the covered beryllium
illness or death, otherwise entitled to recover
damages from the beryllium vendor, the con-
tractor or subcontractor of the beryllium vendor,
or the employee, agent, or assign of the beryllium
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vendor, of the contractor or subcontractor of the
beryllium vendor;
that arise out of the covered beryllium illness or death in
any proceeding or action including a direct judicial pro-
ceeding, a civil action, a proceeding in admiralty, or pro-
ceeding under a tort liability statute or the common law.
(b) ATOMIC WEAPONS EMPLOYER.—If an individual
elects to accept payment under this title with respect to a
cancer (including a specified cancer) or death of a covered
employee, that acceptance of payment shall be in full settle-
ment of all tort claims—
(1) against—
(A) an atomic weapons employer; and
(B) an employee, agent, or assign of an
atomic weapons employer;
(2) by—
(A) that individual;
(B) that individual’s legal representative,
spouse, dependents, survivors, and next of kin;
and
(C) any other person, including any third
party as to whom a covered employee has a
cause of action relating to the cancer (including
a specified cancer) or death, otherwise entitled to
recover damages from the atomic weapons em-
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ployer, or the employee, agent, or assign of the
atomic weapons employer;
that arise out of the cancer (including a specified cancer)
or death in any proceeding or action including a direct ju-
dicial proceeding, a civil action, a proceeding in admiralty,
or proceeding under a tort liability statute or the common
law.
(c) APPLICABILITY.—
(1) IN GENERAL.—With respect to a case filed
after the date of enactment of this title, alleging li-
ability of—
(A) a beryllium vendor or a contractor or
subcontractor of a beryllium vendor for a covered
beryllium illness or death of a covered beryllium
employee; or
(B) an atomic weapons employer for a can-
cer (including a specified cancer) or death of a
covered employee;
the plaintiff shall not be eligible for benefits under
this title unless the plaintiff files such case within the
applicable time limits in paragraph (2).
(2) TIME LIMITS.—
(A) SUITS AGAINST BERYLLIUM VENDORS.—
Except as provided in subparagraph (B), a case
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described in paragraph (1)(A) shall be filed not
later than the later of—
(i) 180 days after the date of enact-
ment of this title; or
(ii) 180 days after the date the plain-
tiff first becomes aware that a covered beryl-
lium illness or death of a covered beryllium
employee may be connected to the exposure
of the covered employee to beryllium in the
performance of duty.
(B) NEW
DIAGNOSES.—A new period of
limitation under subparagraph (A)(ii) shall
commence with each new diagnosis of a covered
beryllium illness that is different from a pre-
viously diagnosed covered beryllium illness.
(C) SUITS AGAINST ATOMIC WEAPONS EM-
PLOYERS.—Except as provided in subparagraph
(D), a case described in paragraph (1)(B) shall
be filed not later than the later of—
(i) 180 days after the date of enact-
ment of this title; or
(ii) 180 days after the date the plain-
tiff first becomes aware that a cancer (in-
cluding a specified cancer) or death of a
covered employee may be connected to the
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exposure of the covered employee to radi-
ation in the performance of duty.
(D) NEW
DIAGNOSES.—A new period of
limitation under subparagraph (C)(ii) shall
commence with each new diagnosis of a cancer
(including a specified cancer) that is different
from a previously diagnosed cancer.
(c) WORKERS’ COMPENSATION.—This section does not
apply to an administrative or judicial proceeding under a
State or Federal workers’ compensation statute subject to
sections 3534 through 3538.
SEC. 3541. SUBROGATION OF THE UNITED STATES.
(a) IN GENERAL.—If a cancer (including a specified
cancer), covered beryllium illness, chronic silicosis, dis-
ability, or death for which compensation is payable under
this title is caused under circumstances creating a legal li-
ability in a person other than the United States to pay
damages, sections 8131 and 8132 of title 5, United States
Code, shall apply, except to the extent specified in this title.
(b) APPEARANCE OF EMPLOYEE.—For the purposes of
this title, the provision in section 8131 of title 5, United
States Code, that provides that an employee required to ap-
pear as a party or witness in the prosecution of an action
described in that section is in an active duty status while
so engaged shall only apply to a Federal employee.
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SEC. 3542. ENERGY EMPLOYEES’ OCCUPATIONAL ILLNESS
COMPENSATION FUND.
(a) ESTABLISHMENT.—There is hereby established on
the books of the Treasury a fund to be known as the Energy
Employees’ Occupational Illness Compensation Fund. The
Secretary of the Treasury shall transfer to the Fund from
the general fund of the Treasury the amounts necessary to
carry out the purposes of this title.
(b) USE OF THE FUND.—Amounts in the Fund shall
be used for the payment of compensation under this title
and other benefits and expenses authorized by this title or
any extension or application thereof, and for payment of
all expenses of the administration of this title.
(c) COST DETERMINATIONS.—(1) Within 45 days of
the end of every quarter of every fiscal year, the Secretary
of Labor shall determine the total costs of compensation,
benefits, administrative expenses, and other payments made
from the Fund during the quarter just ended; the end-of-
quarter balance in the Fund; and the amount anticipated
to be needed during the immediately succeeding two quar-
ters for the payment of compensation, benefits, and admin-
istrative expenses under this title.
(2) In making the determination under paragraph (1),
the Secretary of Labor shall include, without amendment,
information provided by the Secretary of Energy and the
Secretary of Health and Human Services on the total costs
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and amounts anticipated to be needed for their activities
under this title.
(3) Each cost determination made in the last quarter
of the fiscal year under paragraph (1) shall show, in addi-
tion, the total costs of compensation, benefits, administra-
tive expenses, and other payments from the Fund during
the preceding 12-month expense period and an estimate of
the expenditures from the Fund for the payment of com-
pensation, benefits, administrative expenses, and other pay-
ments for each of the immediately succeeding two fiscal
years.
(d) ASSURING AVAILABLE BALANCE IN THE FUND.—
Upon application of the Secretary of Labor, the Secretary
of the Treasury shall advance such sums from the Treasury
as are projected by the Secretary of Labor to be necessary,
for the period of time equaling the date of a projected defi-
ciency in the Fund through 90 days following the end of
the fiscal year, for the payment of compensation and other
benefits and expenses authorized by this title or any exten-
sion or application thereof, and for payment of all expenses
of administering this title.
SEC. 3543. EFFECTIVE DATE.
This title is effective upon enactment, and applies to
all claims, civil actions, and proceedings pending on, or
filed on or after, the date of enactment of this title.
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SEC. 3544. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 1920 of title 18 is amended by inserting
in the title ‘‘or Energy employee’s’’ after ‘‘Federal employ-
ee’s’’ and by inserting ‘‘or the Energy Employees’ Occupa-
tional Illness Compensation Act of 2000’’ after ‘‘title 5’’.
(b) Section 1921 of title 18 is amended by inserting
in the title ‘‘or Energy employees’’ after ‘‘Federal employ-
ees’’ and by inserting ‘‘or the Energy Employees’ Occupa-
tional Illness Compensation Act of 2000’’ after ‘‘title 5’’.
(c) Section 210(a)(1) of the Energy Reorganization
Act of 1974 (42 U.S.C. 5851(a)(1)) is amended by—
(1) in subparagraph (E), striking ‘‘or;’’ and in-
serting ‘‘;’’,
(2) in subparagraph (F), striking the period and
inserting ‘‘; or’’, and
(3) after subparagraph (F) inserting a new sub-
paragraph as follows:
‘‘(G) filed an application for benefits or as-
sistance under the Energy Employees Occupa-
tional Illness Compensation Act of 2000’’.
(d) Title II of the Department of Energy Organization
Act (P.L. 95–91) is amended by adding at the end of the
title the following:
‘‘OFFICE OF WORKERS’ COMPENSATION ADVOCATE
‘‘SEC. 217. (a) There shall be within the Department
an Office of Workers’ Compensation Advocate. The Office
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shall be headed by a Director who shall be appointed by
the Secretary. The Director shall be compensated at the rate
provided for in level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
‘‘(b) The Director shall be responsible for providing in-
formation, research reports, and studies to support the im-
plementation of the Energy Employees’ Occupational Ill-
ness Compensation Act of 2000. Not later than 90 days after
the date of enactment of this section, the Director shall enter
into memoranda of agreement to provide for coordination
of the efforts of the office with the Department of Labor and
the Department of Health and Human Services.
‘‘(c) The Director shall coordinate efforts within the
Department to collect and make available to present and
former employees of the Department and its predecessor
agencies, present and former employees of contractors and
subcontractors to the Department and its predecessor agen-
cies, and other individuals who are or were present at fa-
cilities owned or operated by the Department or its prede-
cessor agencies information on occupational conditions and
exposures to health hazards. Such information shall include
information on substances and their chemical forms to
which employees may have been exposed, records and stud-
ies relevant to determining occupational hazards, raw do-
simetry and industrial hygiene data, results from medical
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screening programs, accident and other relevant occurrence
reports, and reports, assessments, or reviews by contractors,
consultants, or external entities relevant to assessing risk
of occupational hazards or illness.
‘‘(d) If the Director determines that—
‘‘(1) an entity within the Department or an en-
tity that is the recipient of a Departmental grant,
contract, or cooperative agreement possesses informa-
tion necessary to carry out the provisions of the En-
ergy Employees’ Occupational Illness Compensation
Act of 2000; and
‘‘(2) the production and sharing of that informa-
tion under the provisions of the Energy Employees’
Occupational Illness Compensation Act of 2000 is
being unreasonably delayed;
the Director shall have the authority, notwithstanding sec-
tion 3213 of the National Nuclear Security Administration
Act, to direct such entity to produce expeditiously such in-
formation in accordance with the provisions of this section
and the Energy Employees’ Occupational Illness Com-
pensation Act of 2000.
‘‘(e) The Director shall take actions to inform and as-
sist potential claimants under the Energy Employees’ Occu-