1115
Project 01–D–800, Sensitive compart-
mented 
information 
facility, 
Lawrence
Livermore National Laboratory, Liver-
more, California, $2,000,000.
(2) 
COUNTERINTELLIGENCE.—For 
counter-
intelligence, $45,200,000.
(3) SECURITY AND EMERGENCY OPERATIONS.—
For 
security 
and 
emergency 
operations,
$284,076,000, to be allocated as follows:
(A) For nuclear safeguards and security,
$124,409,000.
(B) 
For 
security 
investigations,
$33,000,000.
(C) 
For 
emergency 
management,
$37,300,000.
(D) For program direction, $89,367,000.
(4) INDEPENDENT OVERSIGHT AND PERFORM-
ANCE ASSURANCE.—For independent oversight and
performance assurance, $14,937,000.
(5) ENVIRONMENT, SAFETY, AND
HEALTH.—
For the Office of Environment, Safety, and Health,
$134,050,000, to be allocated as follows:
(A) For environment, safety, and health
(defense), $86,446,000.
1116
(B) For the Energy Employees Occupa-
tional 
Illness 
Compensation 
initiative,
$25,000,000.
(C) For program direction, $22,604,000.
(6) WORKER AND COMMUNITY TRANSITION AS-
SISTANCE.—For worker and community transition
assistance, $24,500,000, to be allocated as follows:
(A) For worker and community transition,
$21,500,000.
(B) For program direction, $3,000,000.
(7) OFFICE OF HEARINGS AND APPEALS.—For
the Office of Hearings and Appeals, $3,000,000.
(b) ADJUSTMENTS.—The amount authorized to be
appropriated pursuant to subsection (a)(3)(B) is reduced
by $20,000,000 to reflect an offset provided by user orga-
nizations for security investigations.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-
VATIZATION.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal
year 2001 for privatization initiatives in carrying out envi-
ronmental restoration and waste management activities
necessary for national security programs in the amount
of $90,092,000, to be allocated as follows:
1117
Project 98–PVT–2, spent nuclear fuel dry stor-
age, Idaho Falls, Idaho, $25,092,000.
Project 97–PVT–2, advanced mixed waste
treatment project Idaho Falls, Idaho, $65,000,000.
(b) EXPLANATION OF ADJUSTMENT.—The amount
authorized to be appropriated pursuant to subsection (a)
is the sum of the amounts authorized to be appropriated
for the projects in that subsection reduced by $90,092,000
for use of prior year balances of funds for defense environ-
mental management privatization.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for pay-
ment to the Nuclear Waste Fund established in section
302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)) in the amount of $112,000,000.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy
submits to the congressional defense committees the re-
port referred to in subsection (b) and a period of 30 days
has elapsed after the date on which such committees re-
ceive the report, the Secretary may not use amounts ap-
propriated pursuant to this title for any program—
1118
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $ 1,000,000 more than the amount au-
thorized for that program by this title; or
(2) which has not been presented to, or re-
quested of, Congress.
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of the proposed ac-
tion.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed
the total amount authorized to be appropriated by this
title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically
denied funds.
1119
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may
carry out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $5,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized
by this title, the estimated cost of the project is revised
because of unforeseen cost variations and the revised cost
of the project exceeds $5,000,000, the Secretary shall im-
mediately furnish a report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever
the current estimated cost of the construction project, au-
thorized by 3101, 3102, or 3103, or which is in support
of national security programs of the Department of En-
ergy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for
the project as shown in the most recent budget jus-
tification data submitted to Congress.
1120
(2) An action described in paragraph (1) may be
taken if—
(A) the Secretary of Energy has submitted to
the congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) does not apply to a
construction project with a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—
The Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant
to this title to other Federal agencies for the performance
of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the
same purposes and for the same time period as the author-
1121
izations of the Federal agency to which the amounts are
transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the De-
partment of Energy pursuant to this title between any
such authorizations. Amounts of authorizations so trans-
ferred may be merged with and be available for the same
purposes and for the same period as the authorization to
which the amounts are transferred.
(2) Not more than 5 percent of any such authoriza-
tion may be transferred between authorizations under
paragraph (1). No such authorization may be increased
or decreased by more than 5 percent by a transfer under
such paragraph.
(c) LIMITATIONS.—The authority provided by this
section to transfer authorizations—
(1) may be used only to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an
item for which Congress has specifically denied
funds.
1122
(d) NOTICE TO CONGRESS.—The Secretary of En-
ergy shall promptly notify the Committees on Armed Serv-
ices of the Senate and House of Representatives of any
transfer of funds to or from authorizations under this
title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for
funds for a construction project that is in support of a
national security program of the Department of Energy,
the Secretary of Energy shall complete a conceptual de-
sign for that project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
the conceptual design before submitting a request for
funds for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
(A) for a construction project the total esti-
mated cost of which is less than $5,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
1123
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including
architectural and engineering services) in connection with
any proposed construction project if the total estimated
cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for that design must be specifically au-
thorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to an authorization in this title, including funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any De-
partment of Energy national security program construc-
tion project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and
safety, to meet the needs of national defense, or to protect
property.
(b) LIMITATION.—The Secretary may not exercise
the authority under subsection (a) in the case of any con-
1124
struction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making those activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of sec-
tion 3125(b)(2) does not apply to emergency planning, de-
sign, and construction activities conducted under this sec-
tion.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in
connection with all national security programs of the De-
partment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), when so specified in an appropriations Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—
Amounts appropriated for program direction pursuant to
an authorization of appropriations in subtitle A shall re-
1125
main available to be expended only until the end of fiscal
year 2002.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL
MANAGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of En-
ergy shall provide the manager of each field office of the
Department of Energy with the authority to transfer de-
fense environmental management funds from a program
or project under the jurisdiction of the office to another
such program or project.
(b) LIMITATIONS.—(1) Only one transfer may be
made to or from any program or project under subsection
(a) in a fiscal year.
(2) The amount transferred to or from a program
or project under subsection (a) may not exceed $5,000,000
in a fiscal year.
(3) A transfer may not be carried out by a manager
of a field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds
at the field office.
(4) Funds transferred pursuant to subsection (a)
may not be used for an item for which Congress has spe-
1126
cifically denied funds or for a new program or project that
has not been authorized by Congress.
(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 Assistant Secretary of Energy for Environmental
Management, shall notify Congress 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 or project’’ means, with
respect to a field office of the Department of En-
ergy, any of the following:
(A) A program referred to or a project list-
ed in paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental res-
toration or waste management activities nec-
essary for national security programs of the De-
partment, that is being carried out by the of-
fice, and for which defense environmental man-
agement funds have been authorized and appro-
priated before the date of the enactment of this
Act.
1127
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the De-
partment of Energy pursuant to an authorization for
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs.
(f) DURATION OF AUTHORITY.—The managers of the
field offices of the Department may exercise the authority
provided under subsection (a) during the period beginning
on October 1, 2000, and ending on September 30, 2001.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. FUNDING FOR TERMINATION COSTS OF RIVER
PROTECTION PROJECT, RICHLAND, WASH-
INGTON.
The Secretary of Energy may not use appropriated
funds to establish a reserve for the payment of any costs
of termination of any contract relating to the River Pro-
tection Project, Richland, Washington (as designated by
section 3141), that is terminated after the date of the en-
actment of this Act. Such costs may be paid from—
(1) appropriations originally available for the
performance of the contract concerned;
1128
(2) appropriations currently available for pri-
vatization initiatives in carrying out environmental
restoration and waste management activities nec-
essary for national security programs, and not other-
wise obligated; or
(3) funds appropriated specifically for the pay-
ment of such costs.
SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL
NUCLEAR SECURITY ADMINISTRATION AND
BALLISTIC 
MISSILE 
DEFENSE 
ORGANIZA-
TION.
(a) JOINTLY FUNDED PROJECTS.—The Secretary of
Energy and the Secretary of Defense shall modify the
memorandum of understanding for the use of the national
laboratories for ballistic missile defense programs, entered
into under section 3131 of the National Defense Author-
ization Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly
funded projects.
(b) REQUIREMENTS FOR PROJECTS.—The projects
referred to in subsection (a) shall—
(1) be carried out by the National Nuclear Se-
curity Administration and the Ballistic Missile De-
fense Organization; and
(2) contribute to sustaining—
1129
(A) the expertise necessary for the viability
of such laboratories; and
(B) the capabilities required to sustain the
nuclear stockpile.
(c) PARTICIPATION BY NNSA IN CERTAIN BMDO
ACTIVITIES.—The Administrator for Nuclear Security
and the Director of the Ballistic Missile Defense Organiza-
tion shall implement mechanisms that increase the cooper-
ative relationship between those organizations. Those
mechanisms may include participation by personnel of the
National Nuclear Security Administration in the following
activities of the Ballistic Missile Defense Organization:
(1) Peer reviews of technical efforts.
(2) Activities of so-called ‘‘red teams’’.
SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR
INFRASTRUCTURE UPGRADES OR MAINTE-
NANCE IN CERTAIN ACCOUNTS OF THE NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
(a) LIMITATION.—(1) Except as provided in para-
graph (2), the Secretary of Energy may not use amounts
appropriated or otherwise made available to the Secretary
for fiscal year 2001 for the purpose of infrastructure up-
grades or maintenance in an account specified in sub-
section (b) for any other purpose.
1130
(2) Paragraph (1) does not apply to a particular
amount for the purpose of a particular infrastructure up-
grade or maintenance project if the Secretary—
(A) determines that that project is not needed
by reason of a change to, or cancellation of, a pro-
gram for which that project was intended to be used;
and
(B) submits to the congressional defense com-
mittees the report referred to in subsection (c) and
a period of 45 days elapses after the date on which
such committees receive such report.
(b) COVERED ACCOUNTS.—An account referred to in
subsection (a) is any Construction account or Readiness
in Technical Base and Facilities account within any Na-
tional Nuclear Security Administration budget account.
(c) REPORT.—(1) The report referred to in sub-
section (a)(2)(B) is a report containing a full and complete
statement of—
(A) the determination of the Secretary under
subsection (a)(2)(A); and
(B) the action proposed to be taken with the
particular amount concerned and the facts and cir-
cumstances relied upon in support of such proposed
action.
1131
(2) In the computation of the 45-day period under
subsection (a)(2)(B), there shall be excluded any day on
which either House of Congress is not in session because
of an adjournment of more than three days to a day cer-
tain.
(d) COORDINATION WITH GENERAL REPROGRAM-
MING REPORT.—If the Secretary, in accordance with this
section, submits a report referred to in subsection (c) for
the use of a particular amount, that report shall be treat-
ed, for purposes of section 3121, as the report referred
to in subsection (b) of that section for that use of that
amount.
SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL
PERFORMANCE LEVELS FOR POST-SHIPMENT
VERIFICATION 
REPORTS 
ON 
ADVANCED
SUPERCOMPUTER SALES TO CERTAIN FOR-
EIGN NATIONS.
Section 3157 of the National Defense Authorization
Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is
amended by adding at the end the following new sub-
section:
‘‘(e) ADJUSTMENT
OF PERFORMANCE LEVELS.—
Whenever a new composite theoretical performance level
is established under section 1211(d), that level shall apply
1132
for the purposes of subsection (a) of this section in lieu
of the level set forth in subsection (a).’’.
SEC. 3135. MODIFICATION OF COUNTERINTELLIGENCE
POLYGRAPH PROGRAM.
(a) COVERED PERSONS.—Subsection (b) of section
3154 of the Department of Energy Facilities Safeguards,
Security, and Counterintelligence Enhancement Act of
1999 (subtitle D of title XXXI of Public Law 106–65;
113 Stat. 941; 42 U.S.C. 7383h) is amended to read as
follows:
‘‘(b) COVERED PERSONS.—(1) Subject to paragraph
(2), for purposes of this section, a covered person is one
of the following:
‘‘(A) An officer or employee of the Department.
‘‘(B) An expert or consultant under contract to
the Department.
‘‘(C) An officer or employee of a contractor of
the Department.
‘‘(D) An individual assigned or detailed to the
Department.
‘‘(E) An applicant for a position in the Depart-
ment.
‘‘(2) A person described in paragraph (1) is a covered
person for purposes of this section only if the position of
the person, or for which the person is applying, under that
1139
and (2) of section 5754(b) of title 5, United States
Code, if the employee meets the requirements of sec-
tion 5754(a) of that title, except that the retention
allowance may exceed 25 percent, but may not be
more than 30 percent, of the employee’s rate of
basic pay.
(e) AGREEMENT.—An eligible employee of the De-
partment of Energy provided an incentive under this sec-
tion shall enter into an agreement with the Secretary to
remain employed at the closure facility at which the em-
ployee is employed as of the date of the agreement until
a specific date or for a specific period of time.
(f) VIOLATION OF AGREEMENT.—(1) Except as pro-
vided under paragraph (3), an eligible employee of the De-
partment of Energy who violates an agreement under sub-
section (e), or is dismissed for cause, shall forfeit eligibility
for any incentives under this section as of the date of the
violation or dismissal, as the case may be.
(2) Except as provided under paragraph (3), an eligi-
ble employee of the Department of Energy who is paid
a retention allowance under subsection (d)(2) and who vio-
lates an agreement under subsection (e), or is dismissed
for cause, before the end of the period or date of employ-
ment agreed upon under such agreement shall refund to
the United States an amount that bears the same ratio