H. R. 2401—406
parts of multiyear activities and projects) that the Secretary
of Energy expects to accomplish during that fiscal year.
(C) For the fiscal year for which the budget is submitted,
a disaggregation of the Department of Energy defense environ-
mental restoration and waste management budget request into
the activities and projects (including discrete parts of multiyear
activities and projects) that the Secretary of Energy expects
to accomplish during that fiscal year.
(e) COMPLIANCE TRACKING.—In preparing a report under this
section, the Secretary of Energy shall provide, with respect to
each activity and project identified in the report, information which
is sufficient to track the Department of Energy’s compliance with
relevant Federal and State regulatory milestones.
SEC. 3154. LEASE OF PROPERTY AT DEPARTMENT OF ENERGY
WEAPON PRODUCTION FACILITIES.
Section 646 of the Department of Energy Organization Act
(42 U.S.C. 7256) is amended by adding at the end the following
new subsections:
‘‘(c) The Secretary may lease, upon terms and conditions the
Secretary considers appropriate to promote national security or
the public interest, acquired real property and related personal
property that—
‘‘(1) is located at a facility of the Department of Energy
to be closed or reconfigured;
‘‘(2) at the time the lease is entered into, is not needed
by the Department of Energy; and
‘‘(3) is under the control of the Department of Energy.
‘‘(d)(1) A lease entered into under subsection (c) may not be
for a term of more than 10 years, except that the Secretary may
enter into a lease that includes an option to renew for a term
of more than 10 years if the Secretary determines that entering
into such a lease will promote the national security or be in the
public interest.
‘‘(2) A lease entered into under subsection (c) may provide
for the payment (in cash or in kind) by the lessee of consideration
in an amount that is less than the fair market rental value of
the leasehold interest. Services relating to the protection and
maintenance of the leased property may constitute all or part
of such consideration.
‘‘(e)(1) Before entering into a lease under subsection (c), the
Secretary shall consult with the Administrator of the Environmental
Protection Agency (with respect to property located on a site on
the National Priorities List) or the appropriate State official (with
respect to property located on a site that is not listed on the
National Priorities List) to determine whether the environmental
conditions of the property are such that leasing the property, and
the terms and conditions of the lease agreement, are consistent
with safety and the protection of public health and the environment.
‘‘(2) Before entering into a lease under subsection (c), the Sec-
retary shall obtain the concurrence of the Administrator of the
Environmental Protection Agency or the appropriate State official,
as the case may be, in the determination required under paragraph
(1). The Secretary may enter into a lease under subsection (c)
without obtaining such concurrence if, within 60 days after the
Secretary requests the concurrence, the Administrator or appro-
priate State official, as the case may be, fails to submit to the
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H. R. 2401—407
Secretary a notice of such individual’s concurrence with, or rejection
of, the determination.
‘‘(f) To the extent provided in advance in appropriations Acts,
the Secretary may retain and use money rentals received by the
Secretary directly from a lease entered into under subsection (c)
in any amount the Secretary considers necessary to cover the
administrative expenses of the lease, the maintenance and repair
of the leased property, or environmental restoration activities at
the facility where the leased property is located. Amounts retained
under this subsection shall be retained in a separate fund estab-
lished in the Treasury for such purpose. The Secretary shall
annually submit to the Congress a report on amounts retained
and amounts used under this subsection.’’.
SEC. 3155. AUTHORITY TO TRANSFER CERTAIN DEPARTMENT OF
ENERGY PROPERTY.
(a) AUTHORITY TO TRANSFER.—(1) Notwithstanding any other
provision of law, the Secretary of Energy may transfer, for consider-
ation, all right, title, and interest of the United States in and
to the property referred to in subsection (b) to any person if the
Secretary determines that such transfer will mitigate the adverse
economic consequences that might otherwise arise from the closure
of a Department of Energy facility.
(2) The amount of consideration received by the United States
for a transfer under paragraph (1) may be less than the fair market
value of the property transferred if the Secretary determines that
the receipt of such lesser amount by the United States is in accord-
ance with the purpose of such transfer under this section.
(3) The Secretary may require any additional terms and condi-
tions with respect to a transfer of property under paragraph (1)
that the Secretary determines appropriate to protect the interests
of the United States.
(b) COVERED PROPERTY.—Property referred to in subsection
(a) is the following property of the Department of Energy that
is located at a Department of Energy facility to be closed or
reconfigured:
(1) The personal property and equipment at the facility
that the Secretary determines to be excess to the needs of
the Department of Energy.
(2) Any personal property and equipment at the facility
(other than the property and equipment referred to in para-
graph (1)) the replacement cost of which does not exceed an
amount equal to 110 percent of the costs of relocating the
property or equipment to another facility of the Department
of Energy.
SEC. 3156. IMPROVED CONGRESSIONAL OVERSIGHT OF DEPARTMENT
OF ENERGY SPECIAL ACCESS PROGRAMS.
(a) IN GENERAL.—Chapter 9 of the Atomic Energy Act of 1954
(42 U.S.C. 2121 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 93. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PRO-
GRAMS.
‘‘(a) ANNUAL REPORT ON SPECIAL ACCESS PROGRAMS.—
‘‘(1) IN GENERAL.—Not later than February 1 of each year,
the Secretary of Energy shall submit to the congressional
defense committees a report on special access programs of
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H. R. 2401—408
the Department of Energy carried out under the atomic energy
defense activities of the Department.
‘‘(2) MATTERS TO BE INCLUDED.—Each such report shall
set forth—
‘‘(A) the total amount requested for such programs
in the President’s budget for the next fiscal year submitted
under section 1105 of title 31, United States Code; and
‘‘(B) for each such program in that budget, the
following:
‘‘(i) A brief description of the program.
‘‘(ii) A brief discussion of the major milestones
established for the program.
‘‘(iii) The actual cost of the program for each fiscal
year during which the program has been conducted
before the fiscal year during which that budget is
submitted.
‘‘(iv) The estimated total cost of the program and
the estimated cost of the program for (I) the current
fiscal year, (II) the fiscal year for which the budget
is submitted, and (III) each of the four succeeding
fiscal years during which the program is expected to
be conducted.
‘‘(b) ANNUAL REPORT ON NEW SPECIAL ACCESS PROGRAMS.—
‘‘(1) IN GENERAL.—Not later than February 1 of each year,
the Secretary of Energy shall submit to the congressional
defense committees a report that, with respect to each new
special access program, provides—
‘‘(A) notice of the designation of the program as a
special access program; and
‘‘(B) justification for such designation.
‘‘(2) MATTERS TO BE INCLUDED.—A report under paragraph
(1) with respect to a program shall include—
‘‘(A) the current estimate of the total program cost
for the program; and
‘‘(B) an identification of existing programs or tech-
nologies that are similar to the technology, or that have
a mission similar to the mission, of the program that is
the subject of the notice.
‘‘(3) NEW SPECIAL ACCESS PROGRAM DEFINED.—In this sub-
section, the term ‘new special access program’ means a special
access program that has not previously been covered in a notice
and justification under this subsection.
‘‘(c) REPORTS
ON CHANGES
IN CLASSIFICATION
OF SPECIAL
ACCESS PROGRAMS.—
‘‘(1) NOTICE TO CONGRESSIONAL COMMITTEES.—Whenever
a change in the classification of a special access program of
the Department of Energy is planned to be made or whenever
classified information concerning a special access program of
the Department of Energy is to be declassified and made public,
the Secretary of Energy shall submit to the congressional
defense committees a report containing a description of the
proposed change, the reasons for the proposed change, and
notice of any public announcement planned to be made with
respect to the proposed change.
‘‘(2) TIME FOR NOTICE.—Except as provided in paragraph
(3), any report referred to in paragraph (1) shall be submitted
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H. R. 2401—409
not less than 14 days before the date on which the proposed
change or public announcement is to occur.
‘‘(3) TIME
WAIVER
FOR
EXCEPTIONAL
CIRCUMSTANCES.—If
the Secretary determines that because of exceptional cir-
cumstances the requirement of paragraph (2) cannot be met
with respect to a proposed change or public announcement
concerning a special access program of the Department of
Energy, the Secretary may submit the report required by para-
graph (1) regarding the proposed change or public announce-
ment at any time before the proposed change or public
announcement is made and shall include in the report an
explanation of the exceptional circumstances.
‘‘(d) NOTICE OF CHANGE IN SAP DESIGNATION CRITERIA.—When-
ever there is a modification or termination of the policy and criteria
used for designating a program of the Department of Energy as
a special access program, the Secretary of Energy shall promptly
notify the congressional defense committees of such modification
or termination. Any such notification shall contain the reasons
for the modification or termination and, in the case of a modifica-
tion, the provisions of the policy as modified.
‘‘(e) WAIVER AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary of Energy may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if
the Secretary determines that inclusion of that information
in the report would adversely affect the national security. The
Secretary may waive the report-and-wait requirement in sub-
section (f) if the Secretary determines that compliance with
such requirement would adversely affect the national security.
Any waiver under this paragraph shall be made on a case-
by-case basis.
‘‘(2) LIMITED NOTICE REQUIRED.—If the Secretary exercises
the authority provided under paragraph (1), the Secretary shall
provide the information described in that subsection with
respect to the special access program concerned, and the jus-
tification for the waiver, jointly to the chairman and rank-
ing minority member of each of the congressional defense
committees.
‘‘(f) REPORT AND WAIT FOR INITIATING NEW PROGRAMS.—A spe-
cial access program may not be initiated until—
‘‘(1) the congressional defense committees are notified of
the program; and
‘‘(2) a period of 30 days elapses after such notification
is received.
‘‘(g) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—In this
section, the term ‘congressional defense committees’ means the
Committees on Armed Services and the Committees on Appropria-
tions of the Senate and House of Representatives.’’.
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the Atomic Energy Act of 1954 is amended by inserting
after the item relating to section 92 the following new item:
‘‘Sec. 93. Congressional oversight of special access programs.’’.
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