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107TH CONGRESS
2D SESSION
H. R. 4744
To make it more likely that the cleanup and closure of the Rocky Flats
Environmental Technology Site will be completed on or before December
15, 2006.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 2002
Mr. UDALL of Colorado (for himself, Mr. TANCREDO, and Mr. HEFLEY) intro-
duced the following bill; which was referred to the Committee on Armed
Services, and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To make it more likely that the cleanup and closure of
the Rocky Flats Environmental Technology Site will be
completed on or before December 15, 2006.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The United States and the State of Colo-
rado have a compelling interest in achieving the safe
and effective cleanup and closure of the Rocky Flats
Environmental Technology Site, Colorado, without
unnecessary delay.
(2) When the Rocky Flats site has been cleaned
up and closed, additional resources can be redirected
to meet needs of other present and former nuclear
weapons sites in States other than Colorado.
(3) The cleanup plan for Rocky Flats calls for
removal of all plutonium from the site and for such
plutonium to be rendered unsuitable for weapons
use, in accordance with an agreement for mutual re-
ductions of weapons-grade plutonium between the
United States and the Russian Federation. Comple-
tion of this process is in the national security inter-
est of the United States.
(4) The Department of Energy has been seek-
ing to complete cleanup and closure of the Rocky
Flats site on or before December 15, 2006, and it
is in the national interest for that objective to be
met.
(5) Recent developments, including revisions to
the Department of Energy’s strategy for disposal of
surplus plutonium, have created new obstacles to
achieving cleanup and closure of Rocky Flats on or
before December 15, 2006.
(b) PURPOSE.—The purpose of this Act is to increase
the likelihood that cleanup and closure of the Rocky Flats
Environmental Technology Site, Colorado, will be accom-
plished on or before December 15, 2006.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ‘‘Rocky Flats’’ means the Rocky
Flats Environmental Technology Site of the Depart-
ment of Energy.
(2) The term ‘‘Secretary’’ means the Secretary
of Energy.
(3) The term ‘‘special nuclear material’’ has the
meaning given such term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014), except that
such term also includes weapons grade plutonium.
(4) The term ‘‘Record of Decision’’ means the
Record of Decision dated January 11, 2000, for the
Department of Energy’s Surplus Plutonium Disposi-
tion Program, as amended by the Amended Record
of Decision dated April 15, 2002, for that program.
SEC. 3. EXAMINATION OF ALTERNATIVES.
If the transfer of special nuclear materials identified
for removal from Rocky Flats for disposal or processing
into mixed-oxide fuel has not commenced as of July 1,
2002, the Secretary shall reopen the Record of Decision
and shall examine all possible alternatives that will result
in accomplishing this removal in an expeditious and effec-
tive manner. Nothing in this section shall be construed
to require the Secretary to delay transfer of any special
nuclear material from Rocky Flats to any other location.
SEC. 4. REPORT.
If the Secretary commences the examination of alter-
natives referred to in section 3, the Secretary shall, not
later than 180 days after commencing such examination,
submit to Congress a report on the results of such exam-
ination and the extent to which selection of any alternative
examined would facilitate or delay completion of the clean-
up and closure of Rocky Flats on or before December 15,
2006.
SEC. 5. INCENTIVE FOR REMOVAL.
If the transfer of all of the special nuclear materials
identified for removal from Rocky Flats for disposal or
processing into mixed-oxide fuel has not been completed
as of November 1, 2003, the Secretary shall, from funds
available to the Secretary, pay economic/impact assistance
to the State of Colorado in the amount of $1,000,000 per
day, not to exceed $100,000,000 per calendar year, until
all such special nuclear materials have been removed from
Rocky Flats.
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