519
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not
apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through
the Administrator for Nuclear Security, shall notify Con-
gress of any transfer of funds pursuant to subsection (a)
not later than 30 days after such transfer occurs.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program’’ means, with respect to
a national security laboratory or nuclear weapons
production facility, any of the following:
(A) A program referred to or listed in
paragraph (1) of section 3101.
(B) A program not described in subpara-
graph (A) that is for weapons production or
weapons component production of the National
Nuclear Security Administration that is being
carried out by the laboratory or facility, and for
which weapons activities funds have been au-
thorized and appropriated before the date of the
enactment of this Act.
(2) The term ‘‘weapons activities funds’’ means
funds appropriated to the Department of Energy
pursuant to an authorization for weapons activities
of the National Nuclear Security Administration in
520
carrying out programs necessary for national secu-
rity.
(3) The terms ‘‘national security laboratory’’
and ‘‘nuclear weapons production facility’’ 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).
(f) DURATION OF AUTHORITY.—The heads of the na-
tional security laboratories and nuclear weapons produc-
tion facilities may exercise the authority provided under
subsection (a) during fiscal year 2002.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. TERMINATION DATE OF OFFICE OF RIVER PRO-
TECTION, RICHLAND, WASHINGTON.
Subsection (f) of section 3139 of the Strom Thur-
mond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105–261; 112 Stat. 2250), as amended
by section 3141 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106–398; 114 Stat. 1654A–462), is
amended to read as follows:
521
‘‘(f) TERMINATION.—(1) The Office shall terminate
on the later to occur of the following dates:
‘‘(A) September 30, 2010.
‘‘(B) The date on which the Assistant Secretary
of Energy for Environmental Management deter-
mines, in consultation with the head of the Office,
that continuation of the Office is no longer nec-
essary to carry out the responsibilities of the De-
partment of Energy under the Tri-Party Agreement.
‘‘(2) The Assistant Secretary shall notify, in writing,
the committees referred to in subsection (d) of a deter-
mination under paragraph (1).
‘‘(3) In this subsection, the term ‘Tri-Party Agree-
ment’ means the Hanford Federal Facility Agreement and
Consent Order entered into among the Department of En-
ergy, the Environmental Protection Agency, and the State
of Washington Department of Ecology.’’.
SEC. 3132. ORGANIZATIONAL MODIFICATIONS FOR NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
(a) ESTABLISHMENT OF PRINCIPAL DEPUTY ADMIN-
ISTRATOR.—(1) Subtitle A of the National Nuclear Secu-
rity Administration Act is amended by inserting after sec-
tion 3213 (50 U.S.C. 2403) the following new section:
522
‘‘SEC. 3213A. PRINCIPAL DEPUTY ADMINISTRATOR.
‘‘(a) IN GENERAL.—(1) There is in the Administra-
tion a Principal Deputy Administrator, who is appointed
by the President, by and with the advice and consent of
the Senate.
‘‘(2) The Principal Deputy Administrator shall be ap-
pointed from among persons who—
‘‘(A) have extensive background in national se-
curity, organizational management, and appropriate
technical fields; and
‘‘(B) are well qualified to manage the nuclear
weapons, nonproliferation, and materials disposition
programs of the Administration in a manner that
advances and protects the national security of the
United States.
‘‘(b) DUTIES.—Subject to the authority, direction,
and control of the Administrator, the Principal Deputy
Administrator shall perform such duties and exercise such
powers as the Administrator may prescribe, including the
coordination of activities among the elements of the Ad-
ministration. The Principal Deputy Administrator shall
act for, and exercise the powers of, the Administrator
when the Administrator is disabled or the position of Ad-
ministrator is vacant.’’.
523
(2) The table of contents preceding section 3201 of
such Act is amended by inserting after the item relating
to section 3213 the following new item:
‘‘Sec. 3213A. Principal Deputy Administrator.’’.
(3) Section 5315 of title 5, United States Code, is
amended—
(A) by inserting before the item relating to
Deputy Administrators of the National Nuclear Se-
curity Administration the following new item:
‘‘Principal Deputy Administrator, National Nu-
clear Security Administration.’’; and
(B) by inserting ‘‘Additional’’ before ‘‘Deputy
Administrators of the National Nuclear Security Ad-
ministration’’.
(b) ELIMINATION OF REQUIREMENT THAT NATIONAL
SECURITY LABORATORIES AND NUCLEAR WEAPONS PRO-
DUCTION FACILITIES REPORT
TO DEPUTY ADMINIS-
TRATOR FOR DEFENSE PROGRAMS.—Section 3214 of the
National Nuclear Security Administration Act (50 U.S.C.
2404) is amended by striking subsection (c).
(c) REPEAL OF DUPLICATIVE PROVISION.—Section
3245 of the National Nuclear Security Administration Act
(50 U.S.C. 2443) is repealed.
524
SEC. 3133. CONSOLIDATION OF NUCLEAR CITIES INITIA-
TIVE PROGRAM WITH INITIATIVES FOR PRO-
LIFERATION PREVENTION PROGRAM.
The Administrator for Nuclear Security shall consoli-
date the Nuclear Cities Initiative program with the Initia-
tives for Proliferation Prevention program under a single
management line. The consolidation shall be completely
accomplished not later than July 1, 2002.
SEC. 3134. DISPOSITION OF SURPLUS DEFENSE PLUTO-
NIUM AT SAVANNAH RIVER SITE, AIKEN,
SOUTH CAROLINA.
(a) CONSULTATION REQUIRED.—The Secretary of
Energy shall consult with the Governor of the State of
South Carolina regarding any decisions or plans of the
Secretary related to the disposition of surplus defense plu-
tonium located at the Savannah River Site, Aiken, South
Carolina, including the plan required by subsection (b).
(b) PLAN FOR DISPOSITION.—Not later than Feb-
ruary 1, 2002, the Secretary shall submit to Congress a
plan for disposal of the surplus defense plutonium cur-
rently located at the Savannah River Site and for disposal
of defense plutonium and defense plutonium materials to
be shipped to the Savannah River Site in the future. The
plan shall review each option considered for such disposal,
identify the preferred option, and state the cost of con-
struction and operation of the facilities required by the
525
Department of Energy’s Record of Decision for the Stor-
age and Disposition of Weapons-Usable Fissile Materials
Final Programmatic Environmental Impact Statement
dated January 14, 1997. The plan shall also specify a
schedule for the expeditious construction of such facilities,
including milestones, and a firm schedule for funding the
cost of such facilities. The plan shall specify, in addition,
the means by which all such plutonium will be removed
in a timely manner from the Savannah River Site for stor-
age or disposal elsewhere.
(c) REQUIREMENT
FOR
ALTERNATIVE
DISPOSI-
TION.—If the Secretary determines that proceeding with
construction of the Plutonium Immobilization Plant at the
Savannah River Site is not feasible, the Department shall
modify the design of the Mixed Oxide Fuel Fabrication
facility at the Savannah River Site so that it includes an
immobilization capability. If the Secretary determines that
proceeding with the Mixed Oxide Fuel Fabrication facility
is not feasible, the Department shall proceed with con-
struction of the Plutonium Immobilization Plant.
(d) LIMITATION ON PLUTONIUM SHIPMENTS.—If the
plan required in subsection (b) is not submitted to Con-
gress by February 1, 2002, the Secretary shall be prohib-
ited from shipping defense plutonium or defense pluto-
nium materials to the Savannah River Site during the pe-
526
riod beginning on February 1, 2002, and ending on the
date on which such plan is submitted to Congress.
SEC. 3135. SUPPORT FOR PUBLIC EDUCATION IN THE VI-
CINITY OF LOS ALAMOS NATIONAL LABORA-
TORY, NEW MEXICO.
(a) SUPPORT FOR FISCAL 2002.—From amounts ap-
propriated or otherwise made available to the Secretary
of Energy by this title—
(1) $5,000,000 shall be available for payment
by the Secretary for fiscal year 2002 to the not-for-
profit Los Alamos National Laboratory Foundation,
as chartered in accordance with section 3167(a) of
the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105–85; 111 Stat. 2052);
and
(2) $8,000,000 shall be available for extension
of the contract between the Department of Energy
and the Los Alamos Public Schools through fiscal
year 2002.
(b) SUPPORT
FOR FISCAL 2003.—Subject to the
availability of appropriations, the Secretary is authorized
to—
(1) make payment for fiscal year 2003 similar
to the payment referred to in subsection (a)(1); and
527
(2) provide for a contract extension through fis-
cal 2003 similar to the contract extension referred
to in subsection (a)(2).
(c) USE OF FUNDS.—The foundation referred to in
subsection (a)(1) shall—
(1) utilize funds provided under this section as
a contribution to the endowment fund for the foun-
dation; and
(2) use the income generated from investments
in the endowment fund that are attributable to pay-
ments made under this section to fund programs to
support the educational needs of children in public
schools in the vicinity of Los Alamos National Lab-
oratory.
(d) REPORT.—Not later than March 1, 2002, the
Secretary shall submit to the congressional defense com-
mittees a report setting forth the following:
(1) An evaluation of the requirements for con-
tinued payments beyond fiscal year 2003 into the
endowment fund of the foundation referred to in
subsection (a) to enable the foundation to meet the
goals of the Department to support the recruitment
and retention of staff at the Los Alamos National
Laboratory.
528
(2) The Secretary’s recommendations for any
further support beyond fiscal year 2003 directly to
the Los Alamos Public Schools.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
year 2002, $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. DEFINITIONS.
In this title:
(1) The term ‘‘National Defense Stockpile’’
means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ‘‘National Defense Stockpile
Transaction Fund’’ means the fund established
under section 9(a) of the Strategic and Critical Ma-
terials Stock Piling Act (50 U.S.C. 98h(a)).
(3) The term ‘‘Market Impact Committee’’
means the Market Impact Committee appointed
529
under section 10(c) of the Strategic and Critical Ma-
terials Stock Piling Act (50 U.S.C. 98h–1(c)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2002, the National Defense Stockpile Manager
may obligate up to $65,200,000 of the funds in the Na-
tional Defense Stockpile Transaction Fund for the author-
ized uses of such funds under section 9(b)(2) of the Stra-
tegic and Critical Materials Stock Piling Act (50 U.S.C.
98h(b)(2)), 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.
530
SEC. 3303. DISPOSAL OF OBSOLETE AND EXCESS MATE-
RIALS CONTAINED IN NATIONAL DEFENSE
STOCKPILE.
(a) DISPOSAL AUTHORIZED.—Subject to subsection
(b), the President may dispose of certain materials con-
tained in the National Defense Stockpile that are obsolete
or excess to stockpile requirements, in the quantities speci-
fied in the following table:
Authorized Stockpile Disposals
Material for disposal
Quantity
Bauxite, Refractory ...........................................................................
40,000 short tons
Chromium Metal ...............................................................................
3,512 short tons
Iridium ..............................................................................................
25,140 troy ounces
Jewel Bearings ..................................................................................
30,273,221 pieces
Manganese, Ferro HC .......................................................................
209,074 short tons
Palladium ..........................................................................................
11 troy ounces
Quartz Crystal ...................................................................................
216,648 pounds
Tantalum Metal Ingot .......................................................................
120,228 pounds of contained
Tantalum
Tantalum Metal Powder ...................................................................
36,020 pounds of contained
Tantalum
Thorium Nitrate ................................................................................
600,000 pounds
(b) CONSULTATION WITH MARKET IMPACT COM-
MITTEE.—In disposing of materials under subsection (a),
the President shall consult with the Market Impact Com-
mittee to ensure that the disposal of the materials does
not disrupt the usual markets of producers, processors,
and consumers of the materials.
(c) 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-
531
garding the materials specified in the table in such sub-
section.
SEC. 3304. EXPEDITED IMPLEMENTATION OF AUTHORITY
TO DISPOSE OF COBALT FROM NATIONAL DE-
FENSE STOCKPILE.
(a) DISPOSAL AUTHORIZED DURING FISCAL YEAR
2002.—Subsection (a)(1) of section 3305 of the National
Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 50 U.S.C. 98d note) is amended by striking
‘‘fiscal year 2003’’ and inserting ‘‘the two-fiscal year pe-
riod ending September 30, 2003’’.
(b) LIMITATIONS ON DISPOSAL AUTHORITY.—Sub-
section (b)(1) of such section is amended by adding at the
end the following new sentence: ‘‘The total quantity of co-
balt disposed of under such subsection during fiscal year
2002 may not exceed 700,000 pounds.’’.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $17,371,000 for fis-
cal year 2002 for the purpose of carrying out activities
under chapter 641 of title 10, United States Code, relating
to the naval petroleum reserves.
532
(b) PERIOD OF AVAILABILITY.—Funds appropriated
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2002.
Funds are hereby authorized to be appropriated for
fiscal year 2002, 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, $89,054,000.
(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.),
$103,978,000, of which—
(A) $100,000,000 is for the cost (as de-
fined in section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5))) of
loan guarantees under the program; and
(B) $3,978,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
533
(3) For expenses to dispose of obsolete vessels
in the National Defense Reserve Fleet, $10,000,000.
SEC. 3502. DEFINE ‘‘WAR RISKS’’ TO VESSELS TO INCLUDE
CONFISCATION, EXPROPRIATION, NATIONAL-
IZATION, AND DEPRIVATION OF THE VES-
SELS.
Section 1201(c) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1281(c)) is amended to read as follows:
‘‘(c) The term ‘war risks’ includes to such extent as
the Secretary may determine—
‘‘(1) all or any part of any loss that is excluded
from marine insurance coverage under a ‘free of
capture or seizure’ clause, or under analogous
clauses; and
‘‘(2) other losses from hostile acts, including
confiscation, expropriation, nationalization, or depri-
vation.’’.
SEC. 3503. HOLDING OBLIGOR’S CASH AS COLLATERAL
UNDER TITLE XI OF MERCHANT MARINE ACT,
1936.
Title XI of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271 et seq.) is amended by inserting after section
1108 the following:
534
‘‘SEC. 1109. DEPOSIT FUND.
‘‘(a) ESTABLISHMENT OF DEPOSIT FUND.—There is
established in the Treasury a deposit fund for purposes
of this section. The Secretary may, in accordance with an
agreement under subsection (b), deposit into and hold in
the deposit fund cash belonging to an obligor to serve as
collateral for a guarantee under this title made with re-
spect to the obligor.
‘‘(b) AGREEMENT.—
‘‘(1) IN GENERAL.—The Secretary and an obli-
gor shall enter into a reserve fund or other collateral
account agreement to govern the deposit, with-
drawal, retention, use, and reinvestment of cash of
the obligor held in the deposit fund established by
subsection (a).
‘‘(2) TERMS.—The agreement shall contain
such terms and conditions as are required under this
section and such additional terms as are considered
by the Secretary to be necessary to protect fully the
interests of the United States.
‘‘(3) 
SECURITY
INTEREST
OF
UNITED
STATES.—The agreement shall include terms that
grant to the United States a security interest in all
amounts deposited into the deposit fund.
‘‘(c) INVESTMENT.—The Secretary may invest and
reinvest any part of the amounts in the deposit fund estab-
535
lished by subsection (a) in obligations of the United States
with such maturities as ensure that amounts in the deposit
fund will be available as required for purposes of agree-
ments under subsection (b). Cash balances of the deposit
fund in excess of current requirements shall be maintained
in a form of uninvested funds and the Secretary of the
Treasury shall pay interest on these funds.
‘‘(d) WITHDRAWALS.—
‘‘(1) IN GENERAL.—The cash deposited into the
deposit fund established by subsection (a) may not
be withdrawn without the consent of the Secretary.
‘‘(2) USE OF INCOME.—Subject to paragraph
(3), the Secretary may pay any income earned on
cash of an obligor deposited into the deposit fund in
accordance with the terms of the agreement with the
obligor under subsection (b).
‘‘(3) RETENTION AGAINST DEFAULT.—The Sec-
retary may retain and offset any or all of the cash
of an obligor in the deposit fund, and any income re-
alized thereon, as part of the Secretary’s recovery
536
against the obligor in case of a default by the obligor
on an obligation.’’.
Passed the House of Representatives September 25,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 2586
AN ACT
To authorize appropriations for fiscal year 2002 for
military activities of the Department of Defense,
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.