1168
‘‘(b) The authority of the Secretary under subsection
(a) does not apply to the National Nuclear Security Ad-
ministration. The corresponding authority that applies to
the Administration is set forth in section 3212(e) of the
National Nuclear Security Administration Act.’’.
Subtitle E—National Laboratories
Partnership Improvement
SEC. 3161. TECHNOLOGY INFRASTRUCTURE PILOT PRO-
GRAM.
(a) ESTABLISHMENT.—The Administrator for Nu-
clear Security shall establish a Technology Infrastructure
Pilot Program in accordance with this section.
(b) PURPOSE.—The purpose of the program shall be
to explore new methods of collaboration and improvements
in the management and effectiveness of collaborative pro-
grams carried out by the national security laboratories and
nuclear weapons production facilities in partnership with
private industry and institutions of higher education and
to improve the ability of those laboratories and facilities
to support missions of the Administration.
(c) FUNDING.—(1) Except as provided in paragraph
(2), funding shall be available for the pilot program only
to the extent of specific authorizations and appropriations
enacted after the date of the enactment of this Act.
1169
(2) From amounts available in fiscal years 2001 and
2002 for technology partnership programs of the Adminis-
tration, the Administrator may allocate to carry out the
pilot program not more than $5,000,000.
(d) PROJECT REQUIREMENTS.—A project may not be
approved for the pilot program unless the project meets
the following requirements:
(1) The participants in the project include—
(A) a national security laboratory or nu-
clear weapons production facility; and
(B) one or more of the following:
(i) A business.
(ii) An institution of higher education.
(iii) A nonprofit institution.
(iv) An agency of a State, local, or
tribal government.
(2)(A) Not less than 50 percent of the costs of
the project are to be provided by non-Federal
sources.
(B)(i) The calculation of the amount of the
costs of the project provided by non-Federal sources
shall include cash, personnel, services, equipment,
and other resources expended on the project.
(ii) No funds or other resources expended be-
fore the start of the project or outside the project’s
1170
scope of work may be credited toward the costs pro-
vided by non-Federal sources to the project.
(3) The project (other than in the case of a
project under which the participating laboratory or
facility receives funding under this section) shall be
competitively selected by that laboratory or facility
using procedures determined to be appropriate by
the Administrator.
(4) No Federal funds shall be made available
under this section for—
(A) construction; or
(B) any project for more than five years.
(e) SELECTION CRITERIA.—(1) The projects selected
for the pilot program shall—
(A) stimulate the development of technology ex-
pertise and capabilities in private industry and insti-
tutions of higher education that can support the nu-
clear weapons and nuclear nonproliferation missions
of the national security laboratories and nuclear
weapons production facilities on a continuing basis;
(B) improve the ability of those laboratories
and facilities benefit from commercial research, tech-
nology, products, processes, and services that can
support the nuclear weapons and nuclear non-
1171
proliferation missions of those laboratories and fa-
cilities on a continuing basis; and
(C) encourage the exchange of scientific and
technological expertise between those laboratories
and facilities and—
(i) institutions of higher education;
(ii) technology-related business concerns;
(iii) nonprofit institutions; and
(iv) agencies of State, tribal, or local gov-
ernments;
that can support the missions of those laboratories
and facilities.
(2) The Administrator may authorize the provision
of Federal funds for a project under this section only if
the director of the laboratory or facility managing the
project determines that the project is likely to improve the
ability of that laboratory or facility to achieve technical
success in meeting nuclear weapons and nuclear non-
proliferation missions of the Administration.
(3) The Administrator shall require the director of
the laboratory or facility 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, man-
agement approach, resources, and project plan.
1172
(B) The potential of the project to promote the
development of a commercially sustainable tech-
nology, determined by considering whether the
project will derive sufficient demand for its products
or services from the private sector to support the nu-
clear weapons and nuclear nonproliferation missions
of the participating laboratory or facility on a con-
tinuing basis.
(C) The potential of the project to promote the
use of commercial research, technology, products,
processes, and services by the participating labora-
tory or facility to achieve its nuclear weapons and
nuclear nonproliferation missions.
(D) The commitment shown by non-Federal or-
ganizations to the project, based primarily on the
nature and amount of the financial and other re-
sources 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-re-
lated business concerns that can support the nuclear
weapons and nuclear nonproliferation missions of
the participating laboratory or facility on a con-
tinuing basis and that will make substantive con-
tributions to achieving the goals of the project.
1173
(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.
(G) The extent to which the project focuses on
promoting the development of technology-related
business concerns that are small business concerns
or involves small business concerns substantively in
the project.
(f) IMPLEMENTATION PLAN.—No funds may be allo-
cated for the pilot program until 30 days after the date
on which the Administrator submits to the congressional
defense committees a plan for the implementation of the
pilot program. The plan shall, at a minimum—
(1) identify the national security laboratories
and nuclear weapons production facilities that have
been designated by the Administrator to participate
in the pilot program; and
(2) with respect to each laboratory or facility
identified under paragraph (1)—
(A) identify the businesses, institutions of
higher education, nonprofit institutions, and
agencies of State, local, or tribal government
that are expected to participate in the pilot pro-
gram at that laboratory or facility;
1174
(B) identify the technology areas to be ad-
dressed by the pilot program at that laboratory
or facility and the manner in which the pilot
program will support high-priority missions of
that laboratory or facility on a continuing basis;
and
(C) describe the management controls that
have been put into place to ensure that the pilot
program as conducted at that laboratory or fa-
cility is conducted in a cost-effective manner
consistent with the objectives of the pilot pro-
gram.
(g) REPORT ON IMPLEMENTATION.—(1) Not later
than February 1, 2002, the Administrator shall submit
to the congressional defense committees a report on the
implementation and management of the pilot program.
The report shall take into consideration the results of the
pilot program to date and the views of the directors of
the participating laboratories and facilities. The report
shall include any recommendations the Administrator may
have concerning the future of the pilot program.
(2) Not later than 30 days after the date on which
the Administrator submits the report required by para-
graph (1), the Comptroller General shall submit to the
1175
congressional defense committees a report containing the
Comptroller General’s assessment of that report.
SEC. 3162. REPORT ON SMALL BUSINESS PARTICIPATION IN
NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION ACTIVITIES.
(a) REPORT REQUIRED.—Not later than February
15, 2001, the Administrator for Nuclear Security shall
submit to the congressional defense committees a report
on small business participation in the activities of the Na-
tional Nuclear Security Administration.
(b) CONTENTS OF REPORT.—The report shall include
the following:
(1) A description of the scope and nature of the
efforts of the National Nuclear Security Administra-
tion as of the date of the enactment of this Act to
encourage or increase participation of small business
concerns in procurements, collaborative research,
technology licensing, and technology transfer activi-
ties carried out by the national security laboratories
or nuclear weapons production facilities.
(2) An assessment of the effectiveness of those
efforts in securing products and services of value to
those laboratories and facilities.
(3) Recommendations on how to improve those
efforts.
1176
(4) An identification of legislative changes re-
quired to implement those recommendations.
SEC. 3163. STUDY AND REPORT RELATED TO IMPROVING
MISSION 
EFFECTIVENESS, 
PARTNERSHIPS,
AND TECHNOLOGY TRANSFER AT NATIONAL
SECURITY 
LABORATORIES 
AND 
NUCLEAR
WEAPONS PRODUCTION FACILITIES.
(a) STUDY AND REPORT REQUIRED.—The Secretary
of Energy shall direct the Secretary of Energy Advisory
Board to study and to submit to the Secretary not later
than one year after the date of the enactment of this Act
a report regarding the following topics:
(1) The advantages and disadvantages of pro-
viding the Administrator for Nuclear Security with
authority, notwithstanding the limitations otherwise
imposed by the Federal Acquisition Regulation, to
enter into transactions with public agencies, private
organizations, or individuals on terms the Adminis-
trator considers appropriate to the furtherance of
basic, applied, and advanced research functions. The
Advisory Board shall consider, in its assessment of
this authority, the management history of the De-
partment of Energy and the effect of this authority
on the National Nuclear Security Administration’s
1177
use of contractors to operate the national security
laboratories.
(2) The advantages and disadvantages of estab-
lishing and implementing policies and procedures to
facilitate the transfer of scientific, technical, and
professional personnel among national security lab-
oratories and nuclear weapons production facilities.
(3) The advantages and disadvantages of mak-
ing changes in—
(A) the indemnification requirements for
patents or other intellectual property licensed
from a national security laboratory or nuclear
weapons production 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 secu-
rity laboratory or nuclear weapons production
facility;
(C) the licensing procedures and require-
ments for patents and other intellectual prop-
erty;
(D) the rights given to a small business
concern that has licensed a patent or other in-
tellectual property from a national security lab-
1178
oratory or nuclear weapons production facility
to bring suit against third parties infringing
such intellectual property;
(E) the advance funding requirements for
a small business concern funding a project at a
national security laboratory or nuclear weapons
production facility through a funds-in agree-
ment;
(F) the intellectual property rights allo-
cated to a business when it is funding a project
at a national security laboratory or nuclear
weapons production facility through a funds-in
agreement; and
(G) policies on royalty payments to inven-
tors employed by a contractor operating a na-
tional security laboratory or nuclear weapons
production facility, including those for inven-
tions made under a funds-in agreement.
(b) DEFINITION OF FUNDS-IN AGREEMENT.—For
the purposes of this section, the term ‘‘funds-in agree-
ment’’ means a contract between the Department and a
non-Federal organization under which that organization
pays the Department to provide a service or material not
otherwise available in the domestic private sector.
1179
(c) SUBMISSION TO CONGRESS.—Not later than one
month after receiving the report under subsection (a), the
Secretary shall submit to Congress that report, along with
the Secretary’s recommendations for action and proposals
for legislation to implement the recommendations.
SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NU-
CLEAR SECURITY ADMINISTRATION TECH-
NOLOGY 
DEVELOPMENT 
PARTNERSHIPS
WITH NON-FEDERAL ENTITIES.
(a) REPORT REQUIRED.—The Administrator for Nu-
clear Security shall submit to Congress, not later than
March 1, 2001, a report on the efficiency and effectiveness
with which the National Nuclear Security Administration
and its laboratories and facilities carry out technology de-
velopment activities in partnership with non-Federal enti-
ties, including cooperative research and development
agreements. The report shall include an examination of
the following matters with respect to the carrying out of
those activities:
(1) Funding sources available to and used by
the Administration.
(2) Types of legal instruments used by the Ad-
ministration, and the extent to which they are used.
(3) Procedures used for selection of partici-
pants.
1180
(4) Intellectual property licensing and royalty
provisions.
(5) New technologies developed.
(6) The extent to which those new technologies
have—
(A) commercial utility; and
(B) utility to the nuclear weapons and nu-
clear nonproliferation missions of the Adminis-
tration.
(b) ADDITIONAL REQUIREMENTS FOR COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS.—(1) The
report required by subsection (a) shall include a section
providing the following with respect to cooperative re-
search and development agreements:
(A) An assessment of the advantages and dis-
advantages of such agreements.
(B) Any recommendations of the Administrator
regarding the use of such agreements by the Admin-
istration in the future, including any appropriate
funding levels.
(C) Any recommendations of the Administrator
regarding legislation to make such agreements more
effective in supporting the Administration’s core nu-
clear weapons and nuclear non-proliferation mis-
sions.
1181
(2) In this subsection, the term ‘‘cooperative research
and development agreement’’ has the meaning given such
term in section 12(d)(1) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)).
(c) GAO REVIEW.—The Comptroller General shall
submit to Congress, within 30 days after the submission
of the report required by subsection (a), a report con-
taining the Comptroller General’s assessment of that re-
port.
SEC. 3165. DEFINITIONS.
For purposes of this subtitle, the terms ‘‘national se-
curity laboratory’’ and ‘‘nuclear weapons production facil-
ity’’ have the meanings given such terms in section 3281
of the National Nuclear Security Administration Act (title
XXXII of Public Law 106–65; 113 Stat. 968; 50 U.S.C.
2471).
Subtitle F—Matters Relating to
Defense Nuclear Nonproliferation
SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MA-
TERIALS PROTECTION, CONTROL, AND AC-
COUNTING PROGRAM.
(a) REPORT REQUIRED.—Not later than January 1
of each year, the Secretary of Energy shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
1182
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 se-
cure weapons-usable nuclear materials in Russia that have
been identified as being at risk for theft or diversion.
(b) CONTENTS.—Each report under subsection (a)
shall include the following:
(1) The number of buildings, including building
locations, that received complete and integrated ma-
terials protection, control, and accounting systems
for nuclear materials described in subsection (a)
during the year covered by such report.
(2) The amounts of highly enriched uranium
and plutonium in Russia that have been secured
under systems described in paragraph (1) as of the
date of such report.
(3) The amount of nuclear materials described
in subsection (a) that continues to require securing
under systems described in paragraph (1) as of the
date of such report.
(4) A plan for actions to secure the nuclear ma-
terials identified in paragraph (3) under systems de-
scribed in paragraph (1), including an estimate of
the cost of such actions.
1183
(5) The amounts expended through the fiscal
year preceding the date of such report to secure nu-
clear materials described in subsection (a) under
systems described in paragraph (1), set forth by
total amount and by amount per fiscal year.
(c) LIMITATION ON USE OF CERTAIN FUNDS.—(1)
No amounts authorized to be appropriated for the Depart-
ment of Energy by this Act or any other Act for purposes
of the Nuclear Materials Protection, Control, and Ac-
counting Program may be obligated or expended after
September 30, 2000, for any project under the program
at a site controlled by the Russian Ministry of Atomic En-
ergy (MINATOM) in Russia until the Secretary submits
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives a report on the access policy established with
respect to such project, including a certification that the
access policy has been implemented.
(2) The access policy with respect to a project under
this subsection shall—
(A) permit appropriate determinations by
United States officials regarding security require-
ments, including security upgrades, for the project;
and
1184
(B) ensure verification by United States offi-
cials that Department of Energy assistance at the
project is being used for the purposes intended.
SEC. 3172. NUCLEAR CITIES INITIATIVE.
(a) IN GENERAL.—(1) The Secretary of Energy may,
in accordance with the provisions of this section, expand
and enhance the activities of the Department of Energy
under the Nuclear Cities Initiative.
(2) In this section, the term ‘‘Nuclear Cities Initia-
tive’’ means the initiative arising pursuant to the joint
statement dated July 24, 1998, signed by the Vice Presi-
dent of the United States and the Prime Minister of the
Russian Federation and the agreement dated September
22, 1998, between the United States and the Russian Fed-
eration.
(b) FUNDING FOR FISCAL YEAR 2001.—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.
(c) LIMITATION PENDING SUBMISSION OF AGREE-
MENT.—No amount authorized to be appropriated or oth-
erwise made available for the Department of Energy for
fiscal year 2001 for the Nuclear Cities Initiative may be
obligated or expended to provide assistance under the Ini-
tiative for more than three nuclear cities in Russia and
1185
two serial production facilities in Russia until 30 days
after the date on which the Secretary of Energy submits
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives a copy of a 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.
(d) LIMITATION
PENDING
IMPLEMENTATION
OF
PROJECT REVIEW PROCEDURES.—(1) Not more than
$8,750,000 of the amounts referred to in subsection (b)
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
and submits to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the
House of Representatives a report on the project review
procedures so established and implemented.
(2) The project review procedures established under
paragraph (1) shall ensure that any scientific, technical,
or commercial project initiated under the Initiative—
(A) will not enhance the military or weapons of
mass destruction capabilities of Russia;
1186
(B) will not result in the inadvertent transfer or
utilization of products or activities under such
project for military purposes;
(C) will be commercially viable; and
(D) will be carried out in conjunction with an
appropriate commercial, industrial, or nonprofit enti-
ty as partner.
(e) LIMITATION PENDING CERTIFICATION AND RE-
PORT.—No amount in excess of $17,500,000 authorized
to be appropriated for the Department of Energy for fiscal
year 2001 for the Nuclear Cities Initiative may be obli-
gated or expended for purposes of providing assistance
under the Initiative until 30 days after the date on which
the Secretary of Energy submits to the Committee on
Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives the fol-
lowing:
(1) A copy of the written agreement between
the United States and the Russian Federation which
provides that Russia will close some of its facilities
engaged in nuclear weapons assembly and dis-
assembly work within five years of the date of the
agreement in exchange for receiving assistance
through the Initiative.
(2) A certification by the Secretary—
1187
(A) that project review procedures for all
projects under the Initiative have been estab-
lished and are being implemented; and
(B) that those procedures will ensure that
any scientific, technical, or commercial project
initiated 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;
(iii) will be commercially viable within
three years after the date of the initiation
of the project; and
(iv) will be carried out in conjunction
with an appropriate commercial, industrial,
or other nonprofit entity as partner.
(3) A report setting forth the following:
(A) A description of the project review pro-
cedures process.
(B) A list of the projects under the Initia-
tive that have been reviewed under such project
review procedures.
1188
(C) A description for each project listed
under subparagraph (B) of the purpose, ex-
pected life-cycle costs, out-year budget costs,
participants, commercial viability, expected time
for income generation, and number of Russian
jobs created.
(f) PLAN FOR RESTRUCTURING THE RUSSIAN NU-
CLEAR COMPLEX.—(1) The President, acting through the
Secretary of Energy, is urged to enter into discussions
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 consolidate the nuclear
weapons production capacity in Russia to a capacity
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 Russian nuclear
complex and weapons-surplus nuclear materials in-
ventories in Russia to the levels of transparency for
such matters in the United States, including the
1189
participation of Department of Energy officials with
expertise in transparency of such matters.
(C) Measurable milestones that will permit the
United States and the Russian Federation to mon-
itor progress under the plan.
(g) ENCOURAGEMENT
OF
CAREERS
IN
NON-
PROLIFERATION.—(1) In carrying out actions under this
section, the Secretary of Energy may carry out a program
to encourage students in the United States and in the
Russian Federation to pursue careers in areas relating to
nonproliferation.
(2) Of the amounts made available under the Initia-
tive for fiscal year 2001 in excess of $17,500,000, up to
$2,000,000 shall be available for purposes of the program
under paragraph (1).
(3) The Administrator for Nuclear Security shall no-
tify the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives before any funds are expended pursuant to
paragraph (2). Any such notification shall include—
(A) an identification of the amount to be ex-
pended under paragraph (2) during fiscal year 2001;
(B) the recipients of the funds; and
(C) specific information on the activities that
will be conducted using those funds.
1190
(h) DEFINITIONS.—In this section:
(1) The term ‘‘nuclear city’’ means any of the
closed nuclear cities within the complex of the Rus-
sian Ministry of Atomic Energy as follows:
(A) Sarov (Arzamas–16).
(B) Zarechnyy (Penza–19).
(C) Novoural’sk (Sverdlovsk–44).
(D) Lesnoy (Sverdlovsk–45).
(E) Ozersk (Chelyabinsk–65).
(F) Snezhinsk (Chelyabinsk–70).
(G) Trechgornyy (Zlatoust–36).
(H) Seversk (Tomsk–7).
(I) Zheleznogorsk (Krasnoyarsk–26).
(J) Zelenogorsk (Krasnoyarsk–45).
(2) The term ‘‘Russian nuclear complex’’ means
all of the nuclear cities.
(3) The term ‘‘serial production facilities’’
means the facilities in Russia that are located at the
following cities:
(A) Avangard.
(B) Lesnoy (Sverdlovsk–45).
(C) Trechgornyy (Zlatoust–36).
(D) Zarechnyy (Penza–19).
1191
SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION
MONITORING.
(a) REPORT REQUIRED.—Not later than March 1,
2001, the Secretary of Energy shall submit to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
a report on the efforts of the Department of Energy to
ensure adequate oversight and accountability of the De-
partment’s nonproliferation programs in Russia and the
potential costs and effects of the use of on-the-ground
monitoring for the Department’s significant nonprolifera-
tion programs in Russia. The report shall include the fol-
lowing:
(1) A detailed discussion of the current man-
agement and oversight mechanisms used to ensure
that Federal funds are expended for the intended
purposes of those programs and that the projects
are achieving their intended objectives.
(2) An evaluation of whether those mechanisms
are adequate.
(3) A discussion of whether there is a need for
additional employees of the Department, or of con-
tractors of the Department, to be stationed in Rus-
sia, or to visit nonproliferation project sites in Rus-
sia on a regular basis, to monitor the programs car-
1192
ried out at those sites, and an estimate of the prac-
tical considerations and costs of such monitoring.
(4) An identification of each nonproliferation
program and each site at which an employee re-
ferred to in paragraph (3) would be placed to mon-
itor that program.
(5) A description of the costs associated with
continued on-the-ground monitoring of those pro-
grams, including the costs associated with placing
those employees in Russia.
(6) Recommendations regarding the most cost-
effective option for the Department to pursue to en-
sure that Federal funds for those programs are ex-
pended for the intended purposes of those programs.
(7) Any recommendations of the Secretary for
further improvements in the oversight and account-
ability of those programs, including any proposed
legislation.
(b) GAO REPORT.—Not later than April 15, 2001,
the Comptroller General shall submit to the committees
referred to in subsection (a) a report setting forth the as-
sessment of the Comptroller General concerning the infor-
mation contained in the report required by that sub-
section.
1193
SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR CO-
ORDINATION OF NONPROLIFERATION PRO-
GRAMS.
It is the sense of Congress that there should be clear
and effective coordination among—
(1) the Nuclear Cities Initiative;
(2) the Initiatives for Proliferation Prevention
program;
(3) the Cooperative Threat Reduction pro-
grams;
(4) the Nuclear Materials Protection, Control,
and Accounting Program; and
(5) the International Science and Technology
Center program.
SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTER-
NATIONAL NUCLEAR SAFETY PROGRAM.
Amounts authorized to be appropriated or otherwise
made available by this title for the Department of Energy
for fiscal year 2001 for the International Nuclear Safety
Program in the former Soviet Union and Eastern Europe
shall be available only for purposes of reactor safety up-
grades and training relating to nuclear operator and reac-
tor safety.
1194
Subtitle G—Other Matters
SEC. 3191. EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Author-
ization Act for Fiscal Year 1995 (Public Law 103–337;
42 U.S.C. 7231 note) is amended by striking ‘‘September
30, 2000’’ and inserting ‘‘September 30, 2002’’.
SEC. 3192. BIENNIAL REPORT CONTAINING UPDATE ON NU-
CLEAR TEST READINESS 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 UPDATE REPORT.—(1) Not later
than February 15 of each odd-numbered year, the Sec-
retary shall submit to the congressional defense commit-
tees a report containing an update of the report required
under subsection (a), as updated by any report previously
submitted under this paragraph.
‘‘(2) Each report under paragraph (1) shall include,
as of the date of such report, the following:
1195
‘‘(A) A list and description of the workforce
skills and capabilities that are essential to carry out
underground nuclear tests at the Nevada Test Site.
‘‘(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 de-
scribed in subparagraph (B).
‘‘(3) Each report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified
annex.’’.
SEC. 3193. 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, submit a report to the committees and Assistant
to the President specified in subsection (d). The report
shall state whether any inadvertent releases described in
1196
paragraph (1) occurred during the immediately preceding
quarter and, if so, shall identify each such release.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) apply with respect to inadvertent releases
of Restricted Data and Formerly Restricted Data that are
discovered on or after the date of the enactment of this
Act.
SEC. 3194. 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. 3195. AUTHORITY TO PROVIDE CERTIFICATE OF COM-
MENDATION TO DEPARTMENT OF ENERGY
AND CONTRACTOR EMPLOYEES FOR EXEM-
PLARY SERVICE IN STOCKPILE STEWARD-
SHIP AND SECURITY.
(a) AUTHORITY TO PRESENT CERTIFICATE OF COM-
MENDATION.—The Secretary of Energy may present a
certificate of commendation to any current or former em-
ployee of the Department of Energy, and any current or
former employee of a Department contractor, whose serv-
1197
ice to the Department in matters relating to stockpile
stewardship and security assisted the Department in fur-
thering the national security interests of the United
States.
(b) CERTIFICATE.—The certificate of commendation
presented to a current or former employee under sub-
section (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’’
includes any predecessor agency of the Department of En-
ergy.
SEC. 3196. 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 statement,’’ and inserting ‘‘joint work statement or,
1198
if permitted by the agency, in an agency-approved annual
strategic plan,’’.
(b) 
EXPERIMENTAL
FEDERAL
WAIVERS.—Sub-
section (b) of that section is amended by adding at the
end the following new paragraph:
‘‘(6)(A) In the case of a laboratory that is part of
the National Nuclear Security Administration, a des-
ignated official of that Administration may waive any li-
cense retained by the Government under paragraph
(1)(A), (2), or (3)(D), in whole or in part and according
to negotiated terms and conditions, if the designated offi-
cial finds that the retention of the license by the Govern-
ment would substantially inhibit the commercialization of
an invention that would otherwise serve an important na-
tional security mission.
‘‘(B) The authority to grant a waiver under subpara-
graph (A) shall expire on the date that is five years after
the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001. The expi-
ration under the preceding sentence of authority to grant
a waiver under subparagraph (A) shall not affect any
waiver granted under that subparagraph before the expi-
ration of such authority.
‘‘(C) Not later than February 15 of each year, the
Administrator for Nuclear Security shall submit to Con-
1199
gress a report on any waivers granted under this para-
graph during the preceding year.’’.
(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 ‘‘state-
ment’’; and
(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 pro-
vide to such laboratory one or more model cooperative re-
search and development agreements for purposes of stand-
ardizing practices and procedures, resolving common legal
issues, and enabling review of cooperative research and de-
velopment agreements to be carried out in a routine and
prompt manner.
1200
‘‘(v) A Federal agency may waive the requirements
of clause (i) or (ii) under such circumstances as the agency
considers appropriate.’’.
SEC. 3197. OFFICE OF ARCTIC ENERGY.
(a) ESTABLISHMENT.—The Secretary of Energy may
establish within the Department of Energy an Office of
Arctic Energy.
(b) PURPOSES.—The purposes of such office shall be
as follows:
(1) To promote research, development, and de-
ployment of electric power technology that is cost-ef-
fective and especially well suited to meet the needs
of rural and remote regions of the United States, es-
pecially where permafrost is present or located near-
by.
(2) To promote research, development, and de-
ployment in such regions of—
(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;
1201
(D) natural gas hydrates, coal bed meth-
ane, and shallow bed natural gas; and
(E) alternative energy, including wind,
geothermal, and fuel cells.
(c) LOCATION.—The Secretary shall locate such of-
fice at a university with expertise and experience in the
matters specified in subsection (b).
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
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 Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Increased receipts under prior disposal authority.
Sec. 3303. Disposal of titanium.
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 $71,000,000 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
1202
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. INCREASED RECEIPTS UNDER PRIOR DISPOSAL
AUTHORITY.
Section 3303(a)(4) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 2263; 50 U.S.C. 98d note) is
amended by striking ‘‘$590,000,000’’ and inserting
‘‘$720,000,000’’.
SEC. 3303. DISPOSAL OF TITANIUM.
(a) DISPOSAL
REQUIRED.—Notwithstanding any
other provision of law, the President shall, by September
1203
30, 2010, dispose of 30,000 short tons of titanium con-
tained in the National Defense Stockpile.
(b) TREATMENT
OF RECEIPTS.—Notwithstanding
section 9 of the Strategic and Critical Materials Stock Pil-
ing Act (50 U.S.C. 98h), of the funds received as a result
of the disposal of titanium under subsection (a),
$6,000,000 shall be transferred to the American Battle
Monuments Commission for deposit in the fund estab-
lished under section 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), and the remainder
shall be deposited into the Treasury as miscellaneous re-
ceipts.
(c) WORLD WAR II MEMORIAL.—(1) The amount
transferred to the American Battle Monuments Commis-
sion under subsection (b) shall be used to complete all nec-
essary requirements for the design of, ground breaking
for, construction of, maintenance of, and dedication of the
World War II memorial. The Commission shall determine
how the amount shall be apportioned among such pur-
poses.
(2) Any funds not necessary for the purposes set
forth in paragraph (1) shall be transferred to and depos-
ited in the general fund of the Treasury.
1204
(d) 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 re-
garding materials in the National Defense Stockpile.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
Sec. 3401. Minimum price of petroleum sold from certain naval petroleum re-
serves.
Sec. 3402. Repeal of authority to contract for cooperative or unit plans affect-
ing naval petroleum reserve numbered 1.
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.
SEC. 3401. MINIMUM PRICE OF PETROLEUM SOLD FROM
CERTAIN NAVAL PETROLEUM RESERVES.
Section 7430(b)(2) of title 10, United States Code,
is amended—
(1) in the matter before subparagraph (A), by
striking ‘‘Naval Petroleum Reserves Numbered 1, 2,
and 3’’ and inserting ‘‘Naval Petroleum Reserves
Numbered 2 and 3’’; and
(2) in subparagraph (A), by striking ‘‘90 per-
cent of’’.
SEC. 3402. 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.
1205
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) Section 7425 of such title is amended by strik-
ing ‘‘for—’’ and all that follows through ‘‘he may ac-
quire’’ and inserting ‘‘for exchanges of land or agreements
for conservation authorized by section 7424 of this title,
the Secretary may acquire’’.
(2) Section 7428 of such title is amended by striking
‘‘, except a plan authorized by section 7426 of this title,’’.
(3) The table of sections at the beginning of chapter
641 of such title is amended by striking the item relating
to section 7426.
(c) SAVINGS PROVISION.—The repeal of section 7426
of title 10, United States Code, shall not affect the validity
of contracts that are in effect under such section on the
day before the date of the enactment of this Act. No such
contract may be extended or renewed on or after the date
of the enactment of this Act.
SEC. 
3403. 
DISPOSAL 
OF 
OIL 
SHALE 
RESERVE
NUMBERED 2.
(a) TRANSFER TO INDIAN TRIBE.—Section 3405 of
the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law
105–261) is amended to read as follows:
1206
‘‘SEC. 
3405. 
DISPOSAL 
OF 
OIL 
SHALE 
RESERVE
NUMBERED 2.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) 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.
‘‘(2) MOAB SITE.—The term ‘Moab site’ means
the Moab uranium milling site located approximately
three 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 Materials License
No. SUA–917.
‘‘(3) MAP.—The term ‘‘map’’ means the map
depicting the boundaries of NOSR–2, to be kept on
file and available for public inspection in the offices
of the Department of the Interior.
‘‘(4) TRIBE.—The term ‘Tribe’ means the Ute
Indian Tribe of the Uintah and Ouray Indian Res-
ervation.
‘‘(5) TRUSTEE.—The term ‘Trustee’ means the
Trustee of the Moab Mill Reclamation Trust.
‘‘(b) CONVEYANCE.—(1) Except as provided in para-
graph (2) and subsection (e), all right, title, and interest
of the United States in and to all Federal lands within
the exterior boundaries of NOSR–2 (including surface and
1207
mineral rights) are hereby conveyed to the Tribe in fee
simple. The Secretary of Energy shall execute and file in
the appropriate office a deed or other instrument effec-
tuating the conveyance made by this section.
‘‘(2) The conveyance under paragraph (1) does not
include the following:
‘‘(A) The portion of the bed of Green River
contained entirely within NOSR–2, as depicted on
the map.
‘‘(B) The land (including surface and mineral
rights) to the west of the Green River within
NOSR–2, as depicted on the map.
‘‘(C) A 1⁄4 mile scenic easement on the east side
of the Green River within NOSR–2.
‘‘(c) CONDITIONS ON CONVEYANCE.—(1) The con-
veyance under subsection (b) is subject to valid existing
rights in effect on the day before the date of the enactment
of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001.
‘‘(2) On completion of the conveyance under sub-
section (b), the United States relinquishes all management
authority over the conveyed land, including tribal activities
conducted on the land.
1208
‘‘(3) The land conveyed to the Tribe under subsection
(b) shall not revert to the United States for management
in trust status.
‘‘(4) The reservation of the easement under sub-
section (b)(2)(C) shall not affect the right of the Tribe
to use and maintain access to the Green River through
the use of the road within the easement, as depicted on
the map.
‘‘(5) Each withdrawal that applies to NOSR–2 and
that is in effect on the date of the enactment of the Floyd
D. Spence National Defense Authorization Act for Fiscal
Year 2001 is revoked to the extent that the withdrawal
applies to NOSR–2.
‘‘(6) Notwithstanding that the land conveyed to the
Tribe under subsection (b) shall not be part of the reserva-
tion of the Tribe, such land shall be deemed to be part
of the reservation of the Tribe for the purposes of criminal
and civil jurisdiction.
‘‘(d) ADMINISTRATION OF UNCONVEYED LAND AND
INTERESTS IN LAND.—(1) The land and interests in land
excluded by subparagraphs (A) and (B) of subsection
(b)(2) from conveyance under subsection (b) shall be ad-
ministered by the Secretary of the Interior in accordance
with the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
1209
‘‘(2) Not later than three years after the date of the
enactment of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001, the Secretary of the
Interior shall submit to Congress a land use plan for the
management of the land and interests in land referred to
in paragraph (1).
‘‘(3) There are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary to
carry out this subsection.
‘‘(e) ROYALTY.—(1) Notwithstanding the conveyance
under subsection (b), the United States retains a nine per-
cent royalty interest in the value of any oil, gas, other hy-
drocarbons, and all other minerals that are produced,
saved, and sold from the conveyed land during the period
beginning on the date of the conveyance and ending on
the date the Secretary of Energy releases the royalty inter-
est under subsection (i).
‘‘(2) The royalty payments shall be made by the Tribe
or its designee to the Secretary of Energy during the pe-
riod that the oil, gas, hydrocarbons, or minerals are being
produced, saved, sold, or extracted. The Secretary of En-
ergy shall retain and use the payments in the manner pro-
vided in subsection (i)(3).
1210
‘‘(3) The royalty interest retained by the United
States under this subsection does not include any develop-
ment, production, marketing, and operating expenses.
‘‘(4) The Tribe shall submit to the Secretary of En-
ergy and to Congress an annual report on resource devel-
opment and other activities of the Tribe concerning the
conveyance under subsection (b).
‘‘(5) Not later than five years after the date of the
enactment of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001, and every five years
thereafter, the Tribe shall obtain an audit of all resource
development activities of the Tribe concerning the convey-
ance under subsection (b), as provided under chapter 75
of title 31, United States Code. The results of each audit
under this paragraph shall be included in the next annual
report submitted under paragraph (4).
‘‘(f) RIVER MANAGEMENT.—(1) The Tribe shall
manage, under Tribal jurisdiction and in accordance with
ordinances 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—
‘‘(A) maintains the protected status of the land;
and
‘‘(B) is consistent with the government-to-gov-
ernment agreement and in the memorandum of un-
1211
derstanding dated February 11, 2000, as agreed to
by the Tribe and the Secretary of the Interior.
‘‘(2) An ordinance 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 sub-
ject to the jurisdiction of the Tribe.
‘‘(3) An ordinance adopted by the Tribe and ref-
erenced in the government-to-government agreement may
not be repealed or amended without the written approval
of both the Tribe and the Secretary of the Interior.
‘‘(g) PLANT SPECIES.—(1) In accordance with a gov-
ernment-to-government agreement between the Tribe and
the Secretary of the Interior, in a manner consistent with
levels of legal protection in effect on the date of the enact-
ment of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001, the Tribe shall protect,
under ordinances adopted by the Tribe, any plant species
that is—
‘‘(A) listed as an endangered species or threat-
ened species under section 4 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1533); and
‘‘(B) located or found on the NOSR–2 land
conveyed to the Tribe.
‘‘(2) The protection described in paragraph (1) shall
be performed solely under tribal jurisdiction.