H. R. 4546—289
‘‘(i) FOLLOW-UP REPORT.—Not later than February 1, 2003,
the panel shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a follow-up report assessing progress toward
meeting the expectations set forth by the panel for the United
States stockpile stewardship program, and making recommenda-
tions for corrective legislative action where progress has been
unsatisfactory.’’.
SEC. 3176. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT
INITIATIVES 
TO 
ACCELERATE 
THE 
REDUCTION 
OF
ENVIRONMENTAL RISKS AND CHALLENGES POSED BY
THE LEGACY OF THE COLD WAR.
(a) REPORT REQUIRED.—The Secretary of Energy shall prepare
a report on the status of those environmental management initia-
tives specified in subsection (c) that are being undertaken to accel-
erate the reduction of the environmental risks and challenges that,
as a result of the legacy of the Cold War, are faced by the Depart-
ment of Energy, contractors of the Department, and applicable
Federal and State agencies with regulatory jurisdiction.
(b) CONTENTS.—The report shall include the following matters:
(1) A discussion of the progress made in reducing such
risks and challenges in each of the following areas:
(A) Acquisition strategy and contract management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of high-level
waste, spent nuclear fuel, transuranic waste, and low-level
waste.
(D) Closure and transfer of environmental remediation
sites.
(E) Achievements in innovation by contractors of the
Department with respect to accelerated risk reduction and
cleanup.
(F) Consolidation of special nuclear materials and
improvements in safeguards and security.
(2) An assessment of the progress made in streamlining
risk reduction processes of the environmental management pro-
gram of the Department.
(3) An assessment of the progress made in improving the
responsiveness and effectiveness of the environmental manage-
ment program of the Department.
(4) Any proposals for legislation that the Secretary con-
siders necessary to carry out such initiatives, including the
justification for each such proposal.
(c) INITIATIVES COVERED.—The environmental management ini-
tiatives referred to in subsection (a) are the initiatives arising
out of the report titled ‘‘Top-to-Bottom Review of the Environmental
Management Program’’ and dated February 4, 2002, with respect
to the environmental restoration and waste management activities
of the Department of Energy in carrying out programs necessary
for national security.
(d) SUBMISSION OF REPORT.—On the date on which the budget
justification materials in support of the Department of Energy
budget for fiscal year 2004 (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code)
are submitted to Congress, the Secretary shall submit to the
H. R. 4546—290
congressional defense committees the report required by subsection
(a).
Subtitle E—Disposition of Weapons-Usable
Plutonium at Savannah River, South
Carolina
SEC. 3181. FINDINGS.
Congress makes the following findings:
(1) In September 2000, the United States and the Russian
Federation signed a Plutonium Management and Disposition
Agreement by which each agreed to dispose of 34 metric tons
of weapons-grade plutonium.
(2) The agreement with Russia is a significant step toward
safeguarding nuclear materials and preventing their diversion
to rogue states and terrorists.
(3) The Department of Energy plans to dispose of 34 metric
tons of weapons-grade plutonium in the United States before
the end of 2019 by converting the plutonium to a mixed-oxide
fuel to be used in commercial nuclear power reactors.
(4) The Department has formulated a plan for imple-
menting the agreement with Russia through construction of
a mixed-oxide fuel fabrication facility, the so-called MOX
facility, and a pit disassembly and conversion facility at the
Savannah River Site, Aiken, South Carolina.
(5) The United States and the State of South Carolina
have a compelling interest in the safe, proper, and efficient
operation of the plutonium disposition facilities at the Savannah
River Site. The MOX facility will also be economically beneficial
to the State of South Carolina, and that economic benefit will
not be fully realized unless the MOX facility is built.
(6) The State of South Carolina desires to ensure that
all plutonium transferred to the State of South Carolina is
stored safely; that the full benefits of the MOX facility are
realized as soon as possible; and, specifically, that all defense
plutonium or defense plutonium materials transferred to the
Savannah River Site either be processed or be removed expedi-
tiously.
SEC. 
3182. 
DISPOSITION 
OF 
WEAPONS-USABLE 
PLUTONIUM 
AT
SAVANNAH RIVER SITE.
(a) PLAN
FOR
CONSTRUCTION
AND
OPERATION
OF
MOX
FACILITY.—(1) Not later than February 1, 2003, the Secretary of
Energy shall submit to Congress a plan for the construction and
operation of the MOX facility at the Savannah River Site, Aiken,
South Carolina.
(2) The plan under paragraph (1) shall include—
(A) a schedule for construction and operations so as to
achieve, as of January 1, 2009, and thereafter, the MOX produc-
tion objective, and to produce 1 metric ton of mixed-oxide fuel
by December 31, 2009; and
(B) a schedule of operations of the MOX facility designed
so that 34 metric tons of defense plutonium and defense pluto-
nium materials at the Savannah River Site will be processed
into mixed-oxide fuel by January 1, 2019.
H. R. 4546—291
(3)(A) Not later than February 15 each year, beginning in
2004 and continuing for as long as the MOX facility is in use,
the Secretary shall submit to Congress a report on the implementa-
tion of the plan required by paragraph (1).
(B) Each report under subparagraph (A) for years before 2010
shall include—
(i) an assessment of compliance with the schedules included
with the plan under paragraph (2); and
(ii) a certification by the Secretary whether or not the
MOX production objective can be met by January 2009.
(C) Each report under subparagraph (A) for years after 2009
shall—
(i) address whether the MOX production objective has been
met; and
(ii) assess progress toward meeting the obligations of the
United States under the Plutonium Management and Disposi-
tion Agreement.
(D) Each report under subparagraph (A) for years after 2017
shall also include an assessment of compliance with the MOX
production objective and, if not in compliance, the plan of the
Secretary for achieving one of the following:
(i) Compliance with such objective.
(ii) Removal of all remaining defense plutonium and
defense plutonium materials from the State of South Carolina.
(b) CORRECTIVE ACTIONS.—(1) If a report under subsection (a)(3)
indicates that construction or operation of the MOX facility is
behind the applicable schedule under subsection (a)(2) by 12 months
or more, the Secretary shall submit to Congress, not later than
August 15 of the year in which such report is submitted, a plan
for corrective actions to be implemented by the Secretary to ensure
that the MOX facility project is capable of meeting the MOX produc-
tion objective by January 1, 2009.
(2) If a plan is submitted under paragraph (1) in any year
after 2008, the plan shall include corrective actions to be imple-
mented by the Secretary to ensure that the MOX production objec-
tive is met.
(3) Any plan for corrective actions under paragraph (1) or
(2) shall include established milestones under such plan for
achieving compliance with the MOX production objective.
(4) If, before January 1, 2009, the Secretary determines that
there is a substantial and material risk that the MOX production
objective will not be achieved by 2009 because of a failure to
achieve milestones set forth in the most recent corrective action
plan under this subsection, the Secretary shall suspend further
transfers of defense plutonium and defense plutonium materials
to be processed by the MOX facility until such risk is addressed
and the Secretary certifies that the MOX production objective can
be met by 2009.
(5) If, after January 1, 2009, the Secretary determines that
the MOX production objective has not been achieved because of
a failure to achieve milestones set forth in the most recent corrective
action plan under this subsection, the Secretary shall suspend fur-
ther transfers of defense plutonium and defense plutonium mate-
rials to be processed by the MOX facility until the Secretary certifies
that the MOX production objective can be met.
(6)(A) Upon making a determination under paragraph (4) or
(5), the Secretary shall submit to Congress a report on the options
H. R. 4546—292
for removing from the State of South Carolina an amount of defense
plutonium or defense plutonium materials equal to the amount
of defense plutonium or defense plutonium materials transferred
to the State of South Carolina after April 15, 2002.
(B) Each report under subparagraph (A) shall include an anal-
ysis of each option set forth in the report, including the cost and
schedule for implementation of such option, and any requirements
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) relating to consideration or selection of such option.
(C) Upon submittal of a report under paragraph (A), the Sec-
retary shall commence any analysis that may be required under
the National Environmental Policy Act of 1969 in order to select
among the options set forth in the report.
(c) CONTINGENT REQUIREMENT FOR REMOVAL OF PLUTONIUM
AND MATERIALS FROM SAVANNAH RIVER SITE.—If the MOX produc-
tion objective is not achieved as of January 1, 2009, the Secretary
shall, consistent with the National Environmental Policy Act of
1969 and other applicable laws, remove from the State of South
Carolina, for storage or disposal elsewhere—
(1) not later than January 1, 2011, not less than 1 metric
ton of defense plutonium or defense plutonium materials; and
(2) not later than January 1, 2017, an amount of defense
plutonium or defense plutonium materials equal to the amount
of defense plutonium or defense plutonium materials trans-
ferred to the Savannah River Site between April 15, 2002
and January 1, 2017, but not processed by the MOX facility.
(d) ECONOMIC AND IMPACT ASSISTANCE.—(1) If the MOX produc-
tion objective is not achieved as of January 1, 2011, the Secretary
shall, from funds available to the Secretary, pay to the State of
South Carolina each year beginning on or after that date through
2016 for economic and impact assistance an amount equal to
$1,000,000 per day, not to exceed $100,000,000 per year, until
the later of—
(A) the date on which the MOX production objective is
achieved in such year; or
(B) the date on which the Secretary has removed from
the State of South Carolina in such year at least 1 metric
ton of defense plutonium or defense plutonium materials.
(2)(A) If, as of January 1, 2017, the MOX facility has not
processed mixed-oxide fuel from defense plutonium and defense
plutonium materials in the amount of not less than—
(i) one metric ton, in each of any two consecutive calendar
years; and
(ii) three metric tons total,
the Secretary shall, from funds available to the Secretary, pay
to the State of South Carolina for economic and impact assistance
an amount equal to $1,000,000 per day, not to exceed $100,000,000
per year, until the removal by the Secretary from the State of
South Carolina of an amount of defense plutonium or defense
plutonium materials equal to the amount of defense plutonium
or defense plutonium materials transferred to the Savannah River
Site between April 15, 2002, and January 1, 2017, but not processed
by the MOX facility.
(B) Nothing in this paragraph may be construed to terminate,
supersede, or otherwise affect any other requirements of this sec-
tion.
H. R. 4546—293
(3) If the State of South Carolina obtains an injunction that
prohibits the Department from taking any action necessary for
the Department to meet any deadline specified by this subsection,
that deadline shall be extended for a period of time equal to the
period of time during which the injunction is in effect.
(e) FAILURE TO COMPLETE PLANNED DISPOSITION PROGRAM.—
If on July 1 each year beginning in 2020 and continuing for as
long as the MOX facility is in use, less than 34 metric tons of
defense plutonium or defense plutonium materials have been proc-
essed by the MOX facility, the Secretary shall submit to Congress
a plan for—
(1) completing the processing of 34 metric tons of defense
plutonium and defense plutonium material by the MOX facility;
or
(2) removing from the State of South Carolina an amount
of defense plutonium or defense plutonium materials equal
to the amount of defense plutonium or defense plutonium mate-
rials transferred to the Savannah River Site after April 15,
2002, but not processed by the MOX facility.
(f) REMOVAL
OF MIXED-OXIDE FUEL UPON COMPLETION
OF
OPERATIONS
OF MOX FACILITY.—If, one year after the date on
which operation of the MOX facility permanently ceases, any mixed-
oxide fuel remains at the Savannah River Site, the Secretary shall
submit to Congress—
(1) a report on when such fuel will be transferred for
use in commercial nuclear reactors; or
(2) a plan for removing such fuel from the State of South
Carolina.
(g) DEFINITIONS.—In this section:
(1) MOX PRODUCTION OBJECTIVE.—The term ‘‘MOX produc-
tion objective’’ means production at the MOX facility of mixed-
oxide fuel from defense plutonium and defense plutonium mate-
rials at an average rate equivalent to not less than one metric
ton of mixed-oxide fuel per year. The average rate shall be
determined by measuring production at the MOX facility from
the date the facility is declared operational to the Nuclear
Regulatory Commission through the date of assessment.
(2) MOX FACILITY.—The term ‘‘MOX facility’’ means the
mixed-oxide fuel fabrication facility at the Savannah River
Site, Aiken, South Carolina.
(3) DEFENSE
PLUTONIUM; 
DEFENSE
PLUTONIUM
MATE-
RIALS.—The terms ‘‘defense plutonium’’ and ‘‘defense plutonium
materials’’ mean weapons-usable plutonium.
SEC. 3183. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND
PLUTONIUM MATERIALS AT SAVANNAH RIVER SITE.
(a) STUDY.—The Defense Nuclear Facilities Safety Board shall
conduct a study of the adequacy of the K-Area Materials Storage
facility (KAMS), and related support facilities such as Building
235–F, at the Savannah River Site, Aiken, South Carolina, for
the storage of defense plutonium and defense plutonium materials
in connection with the disposition program provided in section
3182 and in connection with the amended Record of Decision of
the Department of Energy for fissile materials disposition.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Defense Nuclear Facilities Safety Board
H. R. 4546—295
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
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 provided in appropriations
Acts.
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There are hereby authorized to be appropriated
to the Secretary of Energy $21,069,000 for fiscal year 2003 for
the purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2003.
Sec. 3502. Authority to convey vessel USS SPHINX (ARL–24).
Sec. 3503. Independent analysis of title XI insurance guarantee applications.
Sec. 3504. Preparation as artificial reefs and scrapping of obsolete vessels.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2003.
Funds are hereby authorized to be appropriated for fiscal year
2003, to be available without fiscal year limitation if so provided
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $93,132,000.
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271 et seq.), $54,126,000, of which—
(A) $50,000,000 is for the cost (as defined 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) $4,126,000 is for administrative expenses related
to loan guarantee commitments under the program.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of assist-
ance under section 7 of Public Law 92–402 (as amended by
this title), $20,000,000.
SEC. 3502. AUTHORITY TO CONVEY VESSEL USS SPHINX (ARL–24).
(a) IN GENERAL.—Notwithstanding any other law, the Secretary
of Transportation may convey the right, title, and interest of the
United States Government in and to the vessel USS SPHINX (ARL–
24), to the Dunkirk Historical Lighthouse and Veterans Park
H. R. 4546—296
Museum (a not-for-profit corporation, in this section referred to
as the ‘‘recipient’’) for use as a military museum, if—
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government when the Secretary requires use of the vessel
by the Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum—
(A) the recipient will, at the discretion of the Secretary,
reconvey the vessel to the Government in good condition
except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has decided
to dissolve the recipient according to the laws of the State
of New York, then—
(i) the recipient shall distribute the vessel, as an
asset of the recipient, to a person that has been deter-
mined exempt from taxation under the provisions of
section 501(c)(3) of the Internal Revenue Code, or to
the Federal Government or a State or local government
for a public purpose; and
(ii) the vessel shall be disposed of by a court of
competent jurisdiction of the county in which the prin-
cipal office of the recipient is located, for such purposes
as the court shall determine, or to such organizations
as the court shall determine are organized exclusively
for public purposes;
(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos, poly-
chlorinated biphenyls, or lead paint after conveyance of the
vessel, except for claims arising from use by the Government
under paragraph (3) or (4); and
(6) the recipient has available, for use to restore the vessel,
in the form of cash, liquid assets, or a written loan commitment,
financial resources of at least $100,000.
(b) DELIVERY OF VESSEL.—If a conveyance is made under this
section, the Secretary shall deliver the vessel at the place where
the vessel is located on the date of enactment of this Act, in
its present condition, and without cost to the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary may also
convey any unneeded equipment from other vessels in the National
Defense Reserve Fleet in order to restore the USS SPHINX (ARL–
24) to museum quality.
(d) RETENTION OF VESSEL IN NDRF.—The Secretary shall retain
in the National Defense Reserve Fleet the vessel authorized to
be conveyed under subsection (a), until the earlier of—
(1) 2 years after the date of the enactment of this Act;
or
(2) the date of conveyance of the vessel under subsection
(a).
SEC. 3503. INDEPENDENT ANALYSIS OF TITLE XI INSURANCE GUAR-
ANTEE APPLICATIONS.
Section 1104A of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1274) is amended—
H. R. 4546—297
(1) by adding at the end of subsection (d) the following:
‘‘(4) The Secretary may obtain independent analysis of an
application for a guarantee or commitment to guarantee under
this title.’’; and
(2) in subsection (f) by inserting ‘‘(including for obtaining
independent analysis under subsection (d)(4))’’ after ‘‘applica-
tions for a guarantee’’.
SEC. 3504. PREPARATION AS ARTIFICIAL REEFS AND SCRAPPING OF
OBSOLETE VESSELS.
(a) FINANCIAL ASSISTANCE
TO STATES
FOR PREPARATION
OF
TRANSFERRED OBSOLETE SHIPS FOR USE AS ARTIFICIAL REEFS.—
(1) Public Law 92–402 (16 U.S.C. 1220 et seq.) is amended—
(A) by redesignating section 7 as section 8; and
(B) by inserting after section 6 the following new section
7:
‘‘SEC. 7. FINANCIAL ASSISTANCE TO STATE TO PREPARE TRANS-
FERRED SHIP.
‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary, subject to the
availability of appropriations, may provide, to any State to which
an obsolete ship is transferred under this Act, financial assistance
to prepare the ship for use as an artificial reef, including for—
‘‘(1) environmental remediation;
‘‘(2) towing; and
‘‘(3) sinking.
‘‘(b) AMOUNT OF ASSISTANCE.—The Secretary shall determine
the amount of assistance under this section with respect to an
obsolete ship based on—
‘‘(1) the total amount available for providing assistance
under this section;
‘‘(2) the benefit achieved by providing assistance for that
ship; and
‘‘(3) the cost effectiveness of disposing of the ship by
transfer under this Act and provision of assistance under this
section, compared to other disposal options for that ship.
‘‘(c) TERMS AND CONDITIONS.—The Secretary—
‘‘(1) shall require a State seeking assistance under this
section to provide cost data and other information determined
by the Secretary to be necessary to justify and document the
assistance; and
‘‘(2) may require a State receiving such assistance to comply
with terms and conditions necessary to protect the environment
and the interests of the United States.’’.
(2) Section 4(4) of such Act (16 U.S.C. 1220a(4)) is amended
by inserting ‘‘(except for any financial assistance provided under
section 7)’’ after ‘‘at no cost to the Government’’.
(b) ENVIRONMENTAL BEST MANAGEMENT PRACTICES FOR PRE-
PARING VESSELS FOR USE AS ARTIFICIAL REEFS.—(1) Not later than
September 30, 2003, the Secretary of Transportation, acting through
the Maritime Administration, and the Administrator of the Environ-
mental Protection Agency shall jointly develop environmental best
management practices to be used in the preparation of vessels
for use as artificial reefs.
(2) The environmental best management practices under para-
graph (1) shall be developed in consultation with the heads of
other Federal agencies, and State agencies, having an interest
in the use of vessels as artificial reefs.
H. R. 4546—298
(3) The environmental best management practices under para-
graph (1) shall—
(A) include practices for the preparation of vessels for use
as artificial reefs to ensure that vessels so prepared will be
environmentally sound in their use as artificial reefs;
(B) ensure that such practices are consistent nationwide;
(C) establish baselines for estimating the costs associated
with the preparation of vessels for use as artificial reefs; and
(D) include mechanisms to enhance the utility of the Artifi-
cial Reefing Program of the Maritime Administration as an
option for the disposal of obsolete vessels.
(4) The environmental best management practices developed
under paragraph (1) shall serve as national guidelines to be used
by Federal agencies for the preparation of vessels for use as artificial
reefs.
(5) The Secretary of Transportation shall submit to Congress
a report on the environmental best management practices developed
under paragraph (1) through the existing ship disposal reporting
requirements in section 3502 of Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398; 1654A–492). The report shall describe such
practices, and may include such other matters as the Secretary
considers appropriate.
(c) PILOT PROGRAM
ON EXPORT
OF OBSOLETE VESSELS
FOR
DISMANTLEMENT
AND
RECYCLING.—(1)(A) 
The 
Secretary 
of
Transportation, Secretary of State, and Administrator of the
Environmental Protection Agency shall jointly carry out one or
more pilot programs through the Maritime Administration to
explore the feasibility and advisability of various alternatives for
exporting obsolete vessels in the National Defense Reserve Fleet
for purposes of the dismantlement and recycling of such vessels.
(B) The pilot programs shall be carried out in accordance with
applicable provisions of law and regulations.
(2)(A) The pilot programs under paragraph (1) shall be carried
out during fiscal year 2003.
(B) The pilot programs shall include a total of not more than
four vessels.
(C) The authority provided by this subsection is in addition
to any other authority available to Maritime Administration for
exporting obsolete vessels in the National Defense Reserve Fleet.
(3) Activities under the pilot programs under paragraph (1)
shall include the following:
(A) Exploration of the feasibility and advisability of a
variety of alternatives (developed for purposes of the pilot pro-
grams) for exporting obsolete vessels in the National Defense
Reserve Fleet for purposes of the dismantlement and recycling
of such vessels.
(B) Response by the Maritime Administration to proposals
from the international ship recycling industry for innovative
and cost-effective disposal solutions for obsolete vessels in the
National Defense Reserve Fleet, including an evaluation of
the feasibility and advisability of such proposals.
(C) Demonstration of the extent to which the cost-effective
dismantlement or recycling of obsolete vessels in the National
Defense Reserve Fleet can be accomplished abroad in manner
that appropriately addresses concerns regarding worker health
and safety and the environment.
H. R. 4546—299
(D) Opportunities to transfer abroad processes, methodolo-
gies, and technologies for ship dismantlement and recycling
in order to support the pilot programs and to improve inter-
national practices and standards for ship dismantlement and
recycling.
(E) Exploration of cooperative efforts with foreign govern-
ments (under a global action program on ship recycling or
other program) in order to foster economically and environ-
mentally sound ship recycling abroad.
(4) The Secretary of Transportation shall submit to Congress
a report on the pilot programs under paragraph (1) through the
existing ship disposal reporting requirements in section 3502 of
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001. The report shall include a description of the activities
under the pilot programs, and such recommendations for further
legislative or administrative action as the Secretary considers appro-
priate.
(d) CONSTRUCTION.—Nothing in this section shall be construed
to establish a preference for the reefing or export of obsolete vessels
in the National Defense Reserve Fleet over other alternatives avail-
able to the Secretary for the scrapping of such vessels under section
3502(d)(3) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001.
TITLE XXXVI—ATOMIC ENERGY
DEFENSE PROVISIONS
Sec. 3601. Short title.
Subtitle A—[Reserved]
Subtitle B—Department of Energy National Security Authorizations
General Provisions
Sec. 3620. Definitions.
Sec. 3621. Reprogramming.
Sec. 3622. Minor construction projects.
Sec. 3623. Limits on construction projects.
Sec. 3624. Fund transfer authority.
Sec. 3625. Conceptual and construction design.
Sec. 3626. Authority for emergency planning, design, and construction activities.
Sec. 3627. Scope of authority to carry out plant projects.
Sec. 3628. Availability of funds.
Sec. 3629. Transfer of defense environmental management funds.
Sec. 3630. Transfer of weapons activities funds.
Sec. 3631. Funds available for all national security programs of the Department of
Energy.
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Atomic Energy Defense Act’’.
Subtitle A—[Reserved]
Subtitle B—Department of Energy Na-
tional Security Authorizations General
Provisions
SEC. 3620. DEFINITIONS.
In this subtitle:
H. R. 4546—300
(1) The term ‘‘DOE national security authorization’’ means
an authorization of appropriations for activities of the Depart-
ment of Energy in carrying out programs necessary for national
security.
(2) The term ‘‘congressional defense committees’’ means—
(A) the Committee on Armed Services and the Com-
mittee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Com-
mittee on Appropriations of the House of Representatives.
(3) The term ‘‘minor construction threshold’’ means
$5,000,000.
SEC. 3621. REPROGRAMMING.
(a) IN GENERAL.—Except as provided in subsection (b) and
in sections 3629 and 3630, the Secretary of Energy may not use
amounts appropriated pursuant to a DOE national security
authorization for a program—
(1) in amounts that exceed, in a fiscal year—
(A) 115 percent of the amount authorized for that
program by that authorization for that fiscal year; or
(B) $5,000,000 more than the amount authorized for
that program by that authorization for that fiscal year;
or
(2) which has not been presented to, or requested of, Con-
gress.
(b) EXCEPTION WHERE NOTICE-AND-WAIT GIVEN.—An action
described in subsection (a) may be taken if—
(1) the Secretary submits to the congressional defense
committees a report referred to in subsection (c) with respect
to such action; and
(2) a period of 30 days has elapsed after the date on
which such committees receive the report.
(c) REPORT.—The report referred to in subsection (a) is a report
containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support
of the proposed action.
(d) COMPUTATION
OF DAYS.—In the computation of the 30-
day period under subsection (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 certain.
(e) LIMITATIONS.—
(1) TOTAL AMOUNT OBLIGATED.—In no event may the total
amount of funds obligated pursuant to a DOE national security
authorization for a fiscal year exceed the total amount author-
ized to be appropriated by that authorization for that fiscal
year.
(2) PROHIBITED ITEMS.—Funds appropriated pursuant to
a DOE national security authorization may not be used for
an item for which Congress has specifically denied funds.
SEC. 3622. MINOR CONSTRUCTION PROJECTS.
(a) AUTHORITY.—Using operation and maintenance funds or
facilities and infrastructure funds authorized by a DOE national
security authorization, the Secretary of Energy may carry out minor
construction projects.
(b) ANNUAL
REPORT.—The Secretary shall submit to the
congressional defense committees on an annual basis a report on
each exercise of the authority in subsection (a) during the preceding
H. R. 4546—301
fiscal year. Each report shall provide a brief description of each
minor construction project covered by the report.
(c) COST VARIATION REPORTS
TO CONGRESSIONAL COMMIT-
TEES.—If, at any time during the construction of any minor
construction project authorized by a DOE national security
authorization, the estimated cost of the project is revised and the
revised cost of the project exceeds the minor construction threshold,
the Secretary shall immediately submit to the congressional defense
committees a report explaining the reasons for the cost variation.
(d) MINOR CONSTRUCTION PROJECT DEFINED.—In this section,
the term ‘‘minor construction project’’ means any plant project not
specifically authorized by law for which the approved total esti-
mated cost does not exceed the minor construction threshold.
SEC. 3623. LIMITS ON CONSTRUCTION PROJECTS.
(a) CONSTRUCTION COST CEILING.—Except as provided in sub-
section (b), construction on a construction project which is in support
of national security programs of the Department of Energy and
was authorized by a DOE national security authorization may not
be started, and additional obligations in connection with the project
above the total estimated cost may not be incurred, whenever
the current estimated cost of the construction project exceeds by
more than 25 percent the higher of—
(1) the amount authorized for the project; or
(2) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(b) EXCEPTION WHERE NOTICE-AND-WAIT GIVEN.—An action
described in subsection (a) may be taken if—
(1) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the
circumstances making such action necessary; and
(2) a period of 30 days has elapsed after the date on
which the report is received by the committees.
(c) COMPUTATION
OF DAYS.—In the computation of the 30-
day period under subsection (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 certain.
(d) EXCEPTION FOR MINOR PROJECTS.—Subsection (a) does not
apply to a construction project with a current estimated cost of
less than the minor construction threshold.
SEC. 3624. 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 a DOE national security
authorization 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 authorizations of the Federal agency
to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) TRANSFERS PERMITTED.—Subject to paragraph (2), the
Secretary of Energy may transfer funds authorized to be appro-
priated to the Department of Energy pursuant to a DOE
national security authorization to any other DOE national secu-
rity authorization. Amounts of authorizations so transferred
may be merged with and be available for the same purposes
H. R. 4546—302
and for the same period as the authorization to which the
amounts are transferred.
(2) MAXIMUM AMOUNTS.—Not more than 5 percent of any
such authorization may be transferred to another authorization
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 subsection
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.
(d) NOTICE
TO CONGRESS.—The Secretary of Energy shall
promptly notify the congressional defense committees of any
transfer of funds to or from any DOE national security authoriza-
tion.
SEC. 3625. CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) CONCEPTUAL DESIGN.—
(1) REQUIREMENT.—Subject to paragraph (2) and except
as provided in paragraph (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 design
for that project.
(2) REQUESTS FOR CONCEPTUAL DESIGN FUNDS.—If the esti-
mated cost of completing a conceptual design for a construction
project exceeds $3,000,000, the Secretary shall submit to Con-
gress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) EXCEPTIONS.—The requirement in paragraph (1) does
not apply to a request for funds—
(A) for a construction project the total estimated cost
of which is less than the minor construction threshold;
or
(B) for emergency planning, design, and construction
activities under section 3626.
(b) CONSTRUCTION DESIGN.—
(1) AUTHORITY.—Within the amounts authorized by a DOE
national security authorization, the Secretary 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) LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PROJECTS.—If the total estimated cost for construction design
in connection with any construction project exceeds $600,000,
funds for that design must be specifically authorized by law.
SEC. 3626. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use any funds
available to the Department of Energy pursuant to a DOE national
security authorization, including funds authorized to be appro-
priated for advance planning, engineering, and construction design,
H. R. 4546—303
and for plant projects, to perform planning, design, and construction
activities for any Department of Energy national security program
construction 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 a construction project until
the Secretary has submitted to the congressional defense commit-
tees 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 section 3625(b)(2)
does not apply to emergency planning, design, and construction
activities conducted under this section.
SEC. 3627. SCOPE OF AUTHORITY TO CARRY OUT PLANT PROJECTS.
In carrying out programs necessary for national security, the
authority of the Secretary of Energy to carry out plant projects
includes authority for maintenance, restoration, planning, construc-
tion, acquisition, modification of facilities, and the continuation
of projects authorized in prior years, and land acquisition related
thereto.
SEC. 3628. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection (b), amounts
appropriated pursuant to a DOE national security authorization
for operation and maintenance or for plant projects may, when
so specified in an appropriations Act, remain available until
expended.
(b) EXCEPTION
FOR PROGRAM DIRECTION FUNDS.—Amounts
appropriated for program direction pursuant to a DOE national
security athorization for a fiscal year shall remain available to
be obligated only until the end of that fiscal year.
SEC. 3629. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS.
(a) TRANSFER
AUTHORITY
FOR
DEFENSE
ENVIRONMENTAL
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the
manager of each field office of the Department of Energy with
the authority to transfer defense environmental management funds
from a program or project under the jurisdiction of that office
to another such program or project.
(b) LIMITATIONS.—
(1) NUMBER OF TRANSFERS.—Not more than one transfer
may be made to or from any program or project under sub-
section (a) in a fiscal year.
(2) AMOUNTS TRANSFERRED.—The amount transferred to
or from a program or project in any one transfer under sub-
section (a) may not exceed $5,000,000.
(3) DETERMINATION REQUIRED.—A transfer may not be car-
ried out by a manager of a field office under subsection (a)
unless the manager determines that the transfer is necessary—
(A) to address a risk to health, safety, or the environ-
ment; or
(B) to assure the most efficient use of defense environ-
mental management funds at the field office.
(4) IMPERMISSIBLE USES.—Funds transferred pursuant to
subsection (a) may not be used for an item for which Congress
H. R. 4546—304
has specifically denied funds or for a new program or project
that has not been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The
requirements of section 3621 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 Energy, a program or
project that is for environmental restoration or waste manage-
ment activities necessary for national security programs of
the Department, that is being carried out by that office, and
for which defense environmental management funds have been
authorized and appropriated.
(2) The term ‘‘defense environmental management funds’’
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national
security programs.
SEC. 3630. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES FUNDS.—
The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
weapons activities funds from a program or project under the juris-
diction of that office to another such program or project.
(b) LIMITATIONS.—
(1) NUMBER OF TRANSFERS.—Not more than one transfer
may be made to or from any program or project under sub-
section (a) in a fiscal year.
(2) AMOUNTS TRANSFERRED.—The amount transferred to
or from a program or project in any one transfer under sub-
section (a) may not exceed $5,000,000.
(3) DETERMINATION REQUIRED.—A transfer may not be car-
ried out by a manager of a field office under subsection (a)
unless the manager determines that the transfer—
(A) is necessary to address a risk to health, safety,
or the environment; or
(B) will result in cost savings and efficiencies.
(4) LIMITATION.—A transfer may not be carried out by
a manager of a field office under subsection (a) to cover a
cost overrun or scheduling delay for any program or project.
(5) IMPERMISSIBLE USES.—Funds transferred pursuant to
subsection (a) may not be used for an item for which Congress
has specifically denied funds or for a new program or project
that has not been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The
requirements of section 3621 shall not apply to transfers of funds
pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the Adminis-
trator for Nuclear Security, 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:
H. R. 4546—305
(1) The term ‘‘program or project’’ means, with respect
to a field office of the Department of Energy, a program or
project that is for weapons activities necessary for national
security programs of the Department, that is being carried
out by that office, and for which weapons activities funds have
been authorized and appropriated.
(2) The term ‘‘weapons activities funds’’ means funds appro-
priated to the Department of Energy pursuant to an authoriza-
tion for carrying out weapons activities necessary for national
security programs.
SEC. 3631. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3621, amounts appropriated pursuant to a DOE national security
authorization 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 Department of Energy.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.