537
(3) The Secretary may waive the applicability of
paragraph (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.
(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) AUTHORITY WITH RESPECT TO HEALTH COV-
ERAGE.—Section 8905a(d)(5)(A) of title 5, United States
Code (as added by section 1106 of the Veterans Millen-
nium Health Care and Benefits Act (Public Law 106–117;
113 Stat. 1598)), is amended by inserting after ‘‘readjust-
ment’’ the following: ‘‘, or a voluntary or involuntary sepa-
ration from a Department of Energy position at a Depart-
ment of Energy facility at which the Secretary is carrying
out a closure project selected under section 3143 of the
National Defense Authorization Act for Fiscal Year 1997
(42 U.S.C. 7274n)’’.
(i) AUTHORITY WITH RESPECT TO VOLUNTARY SEP-
ARATIONS.—(1) The Secretary of Energy may—
(A) separate from service any employee at a
Department of Energy facility at which the Sec-
538
retary is carrying out a closure project selected
under section 3143 of the National Defense Author-
ization Act for Fiscal Year 1997 (42 U.S.C. 7274n)
who volunteers to be separated under this subpara-
graph even though the employee is not otherwise
subject to separation due to a reduction in force;
and
(B) for each employee voluntarily separated
under subparagraph (A), retain an employee in a
similar position who would otherwise be separated
due to a reduction in force.
(2) The separation of an employee under paragraph
(1)(A) shall be treated as an involuntary separation due
to a reduction in force.
(3) An employee with critical knowledge and skills (as
defined by the Secretary) may not participate in a vol-
untary separation under paragraph (1)(A) if the Secretary
determines that such participation would impair the per-
formance of the mission of the Department of Energy.
539
SEC. 3138. SENSE OF THE CONGRESS REGARDING COM-
PENSATION AND HEALTH CARE FOR PER-
SONNEL OF THE DEPARTMENT OF ENERGY
AND ITS CONTRACTORS AND VENDORS WHO
HAVE SUSTAINED BERYLLIUM, SILICA, AND
RADIATION-RELATED INJURY.
It is the sense of the Congress that—
(1) Since World War II Federal nuclear activi-
ties have been explicitly recognized by the United
States Government as an a ultra-hazardous activity
under Federal law. Nuclear weapons production and
testing involved unique dangers, including potential
catastrophic nuclear accidents that private insurance
carriers would not cover, as well as chronic expo-
sures to radioactive and hazardous substances, such
as beryllium and silica, that even in small amounts
could cause medical harm.
(2) Since the inception of the nuclear weapons
program and for several decades afterwards, large
numbers of nuclear weapons workers at Department
of Energy and at vendor sites who supplied the Cold
War effort were put at risk without their knowledge
and consent for reasons that, documents reveal, were
driven by fears of adverse publicity, liability, and
employee demands for hazardous duty pay.
540
(3) Numerous previous secret records docu-
mented unmonitored radiation, beryllium, silica,
heavy metals, and toxic substances’ exposures and
continuing problems at the Department of Energy
and vendor sites across the country, where since
World War II the Department of Energy and its
predecessors have been self-regulating with respect
to nuclear safety and occupational safety and health.
No other hazardous Federal activity has been per-
mitted to have such sweeping self-regulatory powers.
(4) The Department of Energy policy to litigate
occupational illness claims has deterred workers
from filing workers compensation claims and im-
posed major financial burdens for workers who
sought compensation. Department of Energy con-
tractors have been held harmless and the Depart-
ment of Energy workers were denied workers com-
pensation coverage for occupational disease.
(5) Over the past 20 years more than two
dozen scientific findings have emerged that indicate
that certain Department of Energy workers are ex-
periencing increased risks of dying from cancer and
non-malignant diseases at numerous facilities that
provided for the nation’s nuclear deterrent. Several
of these studies also establish a correlation between
541
excess diseases and exposure to radiation, beryllium,
and silica.
(6) While linking exposure to occupational haz-
ards with the development of occupational disease is
sometimes difficult, scientific evidence supports the
conclusion that occupational exposure to dust par-
ticles or vapor of beryllium, even where there was
compliance with the standards in place at the time,
can cause beryllium sensitivity and chronic beryllium
disease. Furthermore, studies indicate than 98 per-
cent of radiation induced cancers within the Depart-
ment of Energy complex occur at dose levels below
existing maximum safe thresholds. Further, that
workers at Department of Energy sites were exposed
to silica, heavy metals, and toxic substances at levels
that will lead or contribute to illness and diseases.
(7) Existing information indicates that State
workers’ compensation programs are not a uniform
means to provide adequate compensation for the
types of occupational illnesses and diseases related
to the prosecution of the Cold War effort.
(8) The civilian men and women who performed
duties uniquely related to the Department of Ener-
gy’s nuclear weapons production and testing pro-
grams over the last 50 years should have efficient,
542
uniform, and adequate compensation for beryllium-
related health conditions, radiation-related health
conditions, and silica-related health conditions in
order to assure fairness and equity.
(9) This situation is sufficiently unique to the
Department of Energy’s nuclear weapons production
and testing programs that it is appropriate for Con-
gressional action this year.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
year 2001, $17,000,000 for the operation of the Defense
Nuclear Facilities Safety Board under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2001, the National Defense Stockpile Manager
may obligate up to $70,500,000 of the funds in the Na-
tional Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Crit-
ical Materials Stock Piling Act (50 U.S.C. 98h) for the
543
authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials
that are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess
of the amount specified in subsection (a) if the National
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the
date on which Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
SEC. 3302. USE OF EXCESS TITANIUM SPONGE IN THE NA-
TIONAL DEFENSE STOCKPILE TO MANUFAC-
TURE DEPARTMENT OF DEFENSE EQUIP-
MENT.
(a) TRANSFER AUTHORIZED.—Upon the request of
the Secretary of a military department or the director of
a defense agency, the Secretary of Defense may transfer
excess titanium sponge in the National Defense Stockpile
for use in manufacturing equipment to be used by the
Armed Forces. The quantity of titanium sponge trans-
544
ferred under this section may not exceed 20,000 short
tons.
(b) NONREIMBURSABLE.—Any transfer of excess ti-
tanium sponge under this section shall be made without
reimbursement, except that the recipient of the material
shall be responsible for all transportation and related costs
incurred in connection with the transfer.
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—Any request by the Secretary of the Army for the
transfer of titanium sponge pursuant to section 3305 of
the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 630) takes prece-
dence over any transfer request received under this sec-
tion.
TITLE XXXIV—MARITIME
ADMINISTRATION
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2001.
Funds are hereby authorized to be appropriated for
fiscal year 2001, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of
the Department of Transportation for the Maritime Ad-
ministration as follows:
(1) For expenses necessary for operations and
training activities, $94,160,000.
545
(2) For expenses under the loan guarantee pro-
gram authorized by title XI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1271 et seq.),
$54,179,000, of which—
(A) $50,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guar-
antees under the program; and
(B) $4,179,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
SEC. 3402. EXTENSION OF PERIOD FOR DISPOSAL OF OBSO-
LETE VESSELS IN THE NATIONAL DEFENSE
RESERVE FLEET.
(a) EXTENSION.—Section 6(c)(1)(A) of the National
Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)(A))
is amended by striking ‘‘2001’’ and inserting ‘‘2006’’.
(b) UTILIZATION OF FOREIGN SCRAPPING.—Section
6(c)(1) of such Act (16 U.S.C. 5405(c)(1)) is amended—
(1) in subparagraph (B) by striking ‘‘and’’
after the semicolon;
(2) in subparagraph (C)—
(A) by striking ‘‘in accordance with’’ and
inserting ‘‘subject to subparagraph (D), in ac-
cordance with’’; and
546
(B) by striking the period at the end and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) to the maximum extent possible, by
scrapping outside of the United States.’’.
(c) PLAN
FOR COMPLETION
OF DISPOSAL.—Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Transportation shall submit to the
Congress a plan for completing disposal of vessels in the
National Defense Reserve Fleet in accordance with section
6(c) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405), as amended by subsection (a), including—
(1) a description of resources required for such
completion; and
(2) a determination of the extent to which such
vessels will be disposed of by scrapping outside of
the United States.
SEC. 3403. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSEL, GLACIER.
(a) AUTHORITY TO CONVEY.—The Secretary of
Transportation (in this section referred to as ‘‘the Sec-
retary’’) may, subject to subsection (b), convey all right,
title, and interest of the United States Government in and
to the vessel in the National Defense Reserve Fleet that
was formerly the U.S.S. GLACIER (United States official
547
number AGB–4) to the Glacier Society, Inc., a corporation
established under the laws of the State of Connecticut that
is located in Bridgeport, Connecticut (in this section re-
ferred to as the ‘‘recipient’’).
(b) TERMS OF CONVEYANCE.—
(1) REQUIRED
CONDITIONS.—The Secretary
may not convey a vessel under this section unless
the recipient—
(A) agrees to use the vessel for the pur-
pose of a monument to the accomplishments of
members of the Armed Forces of the United
States, civilians, scientists, and diplomats in ex-
ploration of the Arctic and the Antarctic;
(B) agrees that the vessel will not be used
for commercial purposes;
(C) agrees to make the vessel available to
the Government if the Secretary requires use of
the vessel by the Government for war or na-
tional emergency;
(D) agrees to hold the Government harm-
less for any claims arising from exposure to as-
bestos, polychlorinated biphenyls, or lead paint
after the conveyance of the vessel, except for
claims arising from use of the vessel by the
548
Government pursuant to the agreement under
subparagraph (C); and
(E) provides sufficient evidence to the Sec-
retary that it has available for use to restore
the vessel, in the form of cash, liquid assets, or
a written loan commitment, financial resources
of at least $100,000.
(2) DELIVERY
OF
VESSEL.—If the Secretary
conveys the vessel under this section, the Secretary
shall deliver the vessel—
(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Gov-
ernment.
(3) ADDITIONAL TERMS.—The Secretary may
require such additional terms in connection with the
conveyance authorized by this section as the Sec-
retary considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—If the Sec-
retary conveys the vessel under this section, the Secretary
may also convey to the recipient any unneeded equipment
from other vessels in the National Defense Reserve Fleet
or Government storage facilities for use to restore the ves-
549
sel to museum quality or to its original configuration (or
both).
(d) RETENTION OF VESSEL IN NDRF.—The Sec-
retary shall retain in the National Defense Reserve Fleet
the vessel authorized to be conveyed under this section
until the earlier of—
(1) 2 years after the date of the enactment of
this Act; or
(2) the date of the conveyance of the vessel
under this section.
SEC. 3404. AUTHORITY TO CONVEY OFFSHORE DRILL RIG
OCEAN STAR.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation (referred to in this section as the ‘‘Sec-
retary’’) may, without consideration, convey all
right, title, and interest of the United States Gov-
ernment in and to the offshore drill rig OCEAN
STAR, to the Offshore Rig Museum, Inc., a non-
profit corporation established under the laws of the
State of Texas and doing business as the Offshore
Energy Center (in this section referred to as ‘‘the
recipient’’).
(2) RELEASE OF ASSOCIATED INTERESTS.—As
part of the conveyance, the Secretary shall release
550
any encumbrance and forgive any promissory note or
loan held by the United States with respect to the
drill rig.
(b) CONDITIONS.—Any conveyance, release, or for-
giveness under subsection (a) shall be subject to the fol-
lowing conditions:
(1) The recipient must have at least 3 consecu-
tive years experience in operating a drill rig as a
nonprofit museum.
(2) Before the effective date of the conveyance,
release, and forgiveness, the recipient must agree—
(A) to continue to use the drill rig as part
of a museum to demonstrate to the public the
recovery of offshore energy resources;
(B) to make the drill rig available to the
Government if the Secretary requires use of the
drill rig for a national emergency;
(C) that if the recipient no longer requires
the drill rig for use as a museum dedicated to
demonstrating to the public the recovery of off-
shore energy resources, the recipient shall, at
the discretion of the Secretary, convey the drill
rig to the Government; and
(D) to any other conditions the Secretary
considers appropriate.
551
(3) The drill rig may not be used for commer-
cial transportation or commercial drilling and pro-
duction of offshore energy resources.
Passed the House of Representatives May 18, 2000.
Attest:
Clerk.