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and 
land 
acquisition 
related 
thereto),
$159,841,000, to be allocated as follows:
Project 
01–D–103, 
preliminary
project design and engineering, various lo-
cations, $14,500,000.
Project 01–D–124, highly enriched
uranium (HEU) storage facility, Y–12
Plant, 
Oak 
Ridge, 
Tennessee,
$17,800,000.
Project 01–D–126, weapons evalua-
tion test laboratory, Pantex Plant, Ama-
rillo, Texas, $3,000,000.
Project 99–D–103, isotope sciences
facilities, Lawrence Livermore National
Laboratory, 
Livermore, 
California,
$5,000,000.
Project 99–D–104, protection of real
property (roof reconstruction, phase II),
Lawrence Livermore National Laboratory,
Livermore, California, $2,800,000.
Project 99–D–106, model validation
and system certification center, Sandia Na-
tional Laboratories, Albuquerque, New
Mexico, $5,200,000.
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Project 99–D–108, renovate existing
roadways, Nevada Test Site, Nevada,
$2,000,000.
Project 99–D–125, replace boilers and
controls, Kansas City Plant, Kansas City,
Missouri, $13,000,000.
Project 99–D–127, stockpile manage-
ment restructuring initiative, Kansas City
plant, Kansas City, Missouri, $23,765,000.
Project 99–D–128, stockpile manage-
ment 
restructuring 
initiative, 
Pantex
Plant, Amarillo, Texas, $4,998,000.
Project 99–D–132, stockpile manage-
ment restructuring initiative, nuclear mate-
rial safeguards and security upgrades
project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $18,043,000.
Project 98–D–123, stockpile manage-
ment restructuring initiative, tritium facil-
ity modernization and consolidation, Sa-
vannah River Plant, Aiken, South Caro-
lina, $30,767,000.
Project 97–D–123, structural up-
grades, Kansas City Plant, Kansas City,
Missouri, $2,918,000.
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Project 95–D–102, chemistry and
metallurgy 
research 
(CMR) 
upgrades
project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $13,337,000.
Project 88–D–123, security enhance-
ments, Pantex Plant, Amarillo, Texas,
$2,713,000.
(2) DEFENSE NUCLEAR NONPROLIFERATION.—
For other nuclear security activities, $914,035,000,
to be allocated as follows:
(A) For nonproliferation and verification re-
search and development, $232,990,000, to be
allocated as follows:
(i) For operation and maintenance,
$225,990,000.
(ii) For plant projects (including mainte-
nance, restoration, planning, construction,
acquisition, modification of facilities, and
the continuation of projects authorized in
prior years, and land acquisition related
thereto), $7,000,000, to be allocated as fol-
lows:
Project 00–D–192, nonprolifera-
tion and international security center
(NISC), Los Alamos National Labora-
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tory, 
Los 
Alamos, 
New 
Mexico,
$7,000,000.
(B) For arms control, $272,870,000.
(C) For long-term nonproliferation pro-
gram for Russia, $100,000,000.
(D) For highly enriched uranium trans-
parency implementation, $15,190,000.
(E) For international nuclear safety,
$20,000,000.
(F) For fissile materials control and dis-
position, $221,517,000, to be allocated as fol-
lows:
(i) For operation and maintenance,
$175,517,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects
authorized in prior years, and land acquisi-
tion related thereto), $46,000,000, to be
allocated as follows:
Project 00–D–142, immobiliza-
tion and associated processing facility,
various locations, $3,000,000.
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Project 
99–D–141, 
pit 
dis-
assembly and conversion facility, var-
ious locations, $20,000,000.
Project 99–D–143, mixed oxide
fuel fabrication facility, various loca-
tions, $23,000,000.
(G) For program direction, $51,468,000.
(3) NAVAL
REACTORS.—For naval reactors,
$677,600,000, to be allocated as follows:
(A) 
For 
naval 
reactors 
development,
$656,200,000, to be allocated as follows:
(i) For operation and maintenance,
$627,500,000.
(ii) 
For 
general 
plant 
projects,
$11,400,000.
(iii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects
authorized in prior years, and land acquisi-
tion related thereto), $17,300,000, to be
allocated as follows:
Project 01–D–200, major office
replacement 
building, 
Schenectady,
New York, $1,300,000.
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Project 90–N–102, expended core
facility dry cell project, Naval Reac-
tors Facility, Idaho, $16,000,000.
(B) For program direction, $21,400,000.
(b) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraph (1) of subsection
(a) is the sum of the amounts authorized to be appro-
priated in subparagraphs (A) through (D) of such para-
graph reduced by $95,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND
WASTE MANAGEMENT.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal
year 2001 for environmental restoration and waste man-
agement in carrying out programs necessary for national
security in the amount of $4,591,527,000, to be allocated
as follows:
(1) 
SITE/PROJECT
COMPLETION.—For 
site
project and completion in carrying out environ-
mental restoration and waste management activities
necessary for national security programs in the
amount of $1,010,951,000, to be allocated as fol-
lows:
(A) 
For 
operation 
and 
maintenance,
$941,475,000.
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(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$69,476,000, to be allocated as follows:
Project 01–D–402, Intec cathodic
protection system expansion, Idaho Na-
tional Engineering and Environmental
Laboratory, Idaho, $500,000.
Project 01–D–407, Highly Enriched
Uranium (HEU) Blend-down, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$27,932,000.
Project 99–D–402, tank farm support
services, F&H area, Savannah River Site,
Aiken, South Carolina, $7,714,000.
Project 99–D–404, health physics in-
strumentation laboratory, Idaho National
Engineering and Environmental Labora-
tory, Idaho, $4,300,000.
Project 98–D–453, plutonium sta-
bilization and handling system for pluto-
nium finishing plant, Richland, Wash-
ington, $1,690,000.
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Project 97–D–470, regulatory moni-
toring and bioassay laboratory, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$3,949,000.
Project 96–D–471, chlorofluorocarbon
heating, ventilation, and air conditioning
and chiller retrofit, Savannah River Site,
Aiken, South Carolina, $12,512,000.
Project 92–D–140, F and H canyon
exhaust upgrades, Savannah River Site,
Aiken, South Carolina, $8,879,000.
Project 86–D–103, decontamination
and waste treatment facility, Lawrence
Livermore National Laboratory, Liver-
more, California, $2,000,000.
(2) POST-2006
COMPLETION.—For post-2006
project completion in carrying out environmental
restoration and waste management activities nec-
essary for national security programs in the amount
of $3,108,457,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$2,588,725,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
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tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$99,732,000, to be allocated as follows:
Project 01–D–403, immobilized high
level waste interim storage facility, Rich-
land, Washington, $1,300,000.
Project 
99–D–403, 
privatization
phase I infrastructure support, Richland,
Washington, $7,812,000.
Project 97–D–402, tank farm restora-
tion and safe operations, Richland, Wash-
ington, $46,023,000.
Project 94–D–407, initial tank re-
trieval systems, Richland, Washington,
$17,385,000.
Project 93–D–187, high-level waste
removal from filled waste tanks, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$27,212,000.
(3) SCIENCE AND TECHNOLOGY.—For science
and technology in carrying out environmental res-
toration and waste management activities necessary
for national security programs in the amount of
$196,548,000.
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(4) PROGRAM DIRECTION.—For program direc-
tion in carrying out environmental restoration and
waste management activities necessary for national
security programs in the amount of $359,888,000.
(b) ADJUSTMENT.—The total amount authorized to
be appropriated in subsection (a) is the sum of the
amounts authorized to be appropriated in paragraphs (1)
through (4) of that subsection reduced by $84,317,000,
to be derived from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal
year 2001 for other defense activities in carrying out pro-
grams necessary for national security in the amount of
$557,122,000, to be allocated as follows:
(1) 
INTELLIGENCE.—For 
intelligence,
$38,059,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$36,059,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$2,000,000, to be allocated as follows:
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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,
$340,376,000, 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,
$93,600,000.
(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,
$111,050,000, to be allocated as follows:
(A) For environment, safety, and health
(defense), $88,446,000.
(B) For program direction, $22,604,000.
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(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 FACILITIES CLOSURE PROJECTS.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for closure
projects carried out in accordance with section 3143 of
the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2836; 42 U.S.C.
7274n) in the amount of $1,082,297,000.
SEC. 3105. 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 projects at various locations
in carrying out environmental restoration and waste man-
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agement activities necessary for national security pro-
grams in the amount of $284,092,000.
(b) EXPLANATION OF ADJUSTMENT.—The amount
authorized to be appropriated in subsection (a) is the sum
of the amounts authorized to be appropriated for the
projects in that subsection reduced by $25,092,000 for use
of prior year balances of funds for defense environmental
management privatization.
SEC. 3106. 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 45 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—
(1) in amounts that exceed, in a fiscal year—
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(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 such proposed ac-
tion.
(2) In the computation of the 45-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.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may
carry out any construction project under the general plant
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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 complete 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,
which is authorized by section 3101, 3102, or 3103, or
which is in support of national security programs of the
Department of Energy and was authorized by any pre-
vious 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.
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(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) shall not apply to
any construction project which has 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 period as the authoriza-
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tions 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) LIMITATION.—The authority provided by this sec-
tion to transfer authorizations—
(1) may only be used 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.
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(d) NOTICE TO CONGRESS.—The Secretary of En-
ergy shall promptly notify the Committee on Armed Serv-
ices of the Senate and the Committee on National Security
of the 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 FOR 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.
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(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 such 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 those funds au-
thorized to be appropriated for advance planning and con-
struction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction 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-
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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 such 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. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), amounts appropriated for any activities under this
title pursuant to an authorization of appropriations in this
title shall remain available for obligation only until the
later of the following dates:
(1) October 1, 2003.
(2) The date of the enactment of an Act au-
thorizing funds for such activities for fiscal year
2004.
(b) 
EXCEPTION
FOR
PROGRAM
DIRECTION.—
Amounts appropriated for program direction pursuant to
an authorization of appropriations in this title shall re-
main available for obligation only until the later of the
following dates:
(1) October 1, 2001.
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(2) The date of the enactment of an Act au-
thorizing funds for such program direction for fiscal
year 2002.
SEC. 3128. 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.
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(4) Funds transferred pursuant to subsection (a)
may not be used for an item for which Congress has spe-
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-
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priated before the date of the enactment of this
Act.
(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 FOR 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 3135). Such costs may be paid from—
(1) appropriations originally available for the
performance of the contract concerned;
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(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 national lab-
oratories 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), 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—
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(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 of the National Nuclear
Security Administration and the Director of the Ballistic
Missile Defense Organization shall implement mechanisms
that increase the cooperative relationship between those
organizations. Those mechanisms shall include participa-
tion by personnel of the National Nuclear Security Admin-
istration 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. REQUIRED CONTENTS OF FUTURE-YEARS NU-
CLEAR SECURITY PROGRAM TO BE SUB-
MITTED WITH FISCAL YEAR 2002 BUDGET
AND LIMITATION ON THE OBLIGATION OF
CERTAIN FUNDS PENDING SUBMISSION OF
THAT PROGRAM.
(a) FINDINGS.—Congress finds that:
(1) The budget justification materials sub-
mitted to Congress in support of the budget for fis-
cal year 2001 did not comply with the requirement
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of section 3251(b) of the National Nuclear Security
Administration Act (title XXXII of Public Law 106–
65; 113 Stat. 966; 50 U.S.C. 2451) that the
amounts requested for the National Nuclear Secu-
rity Administration be specified in individual, dedi-
cated program elements.
(2) The information submitted to Congress in
support of that budget did not comply with the re-
quirement of section 3253(b) of such Act (50 U.S.C.
2453(b)) that a future-years nuclear security pro-
gram be submitted that contains—
(A) the estimated expenditures and pro-
posed appropriations necessary to support the
programs, projects, and activities of the Admin-
istration during the 5-fiscal year period covered
by the program, expressed in a level of detail
comparable to that contained in the budget; and
(B) a description of the anticipated work-
load requirements for each Administration site
during that 5-fiscal year period.
(b) REQUIRED DETAIL
FOR FUTURE-YEARS NU-
CLEAR SECURITY PROGRAM SUBMITTED WITH FISCAL
YEAR 2002 BUDGET.—The future-years nuclear security
program submitted in connection with the budget for fiscal
year 2002 shall, at a minimum, and in addition to the
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information required to be contained in such program by
section 3253 of such Act (50 U.S.C. 2453), include the
following information:
(1) A detailed description of proposed program
elements for directed stockpile work, campaigns,
readiness in technical base and facilities, non-
proliferation and national security, fissile materials
disposition, and naval reactors, and for their associ-
ated projects, activities, and construction projects,
during the 5-fiscal year period covered by such pro-
gram.
(2) A statement of proposed budget authority,
proposed expenditures, and proposed appropriations
necessary to support each proposed program element
specified in paragraph (1).
(3) A detailed description of how the funds
identified for each proposed program element speci-
fied in paragraph (1) in the budget of the Adminis-
tration for each fiscal year during the 5-fiscal year
period covered by such program will help ensure that
the nuclear weapons stockpile is safe and reliable as
determined in accordance with the criteria estab-
lished under section 3158 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year
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1999 (Public Law 105–261; 112 Stat. 2257; 42
U.S.C. 2121 note).
(c) LIMITATION
ON
OBLIGATION
OF
CERTAIN
FUNDS.—The Administrator for Nuclear Security may
not obligate more than 50 percent of the funds described
in subsection (d) until 30 days after the Administrator
submits the future-years nuclear security program re-
quired to be submitted in connection with the budget for
fiscal year 2002.
(d) COVERED FUNDS.—Funds referred to in sub-
section (c) are funds appropriated or otherwise available
to the Administrator for Program Direction within any
National Nuclear Security Administration budget account
for fiscal year 2001.
SEC. 3134. LIMITATION ON OBLIGATION OF CERTAIN
FUNDS.
(a) LIMITATION.—The Secretary of Energy may not
obligate any funds appropriated or otherwise made avail-
able to the Secretary for fiscal year 2001 for the purpose
of infrastructure upgrades or maintenance in an account
specified in subsection (b) for any other purpose.
(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.
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SEC. 3135. DESIGNATION OF RIVER PROTECTION PROJECT,
RICHLAND, WASHINGTON.
The tank waste remediation system environmental
project, Richland, Washington, shall be known and des-
ignated as the ‘‘River Protection Project’’. Any reference
to that project in any law, regulation, map, document,
record, or other paper of the United States shall be consid-
ered to be a reference to the River Protection Project.
SEC. 3136. ADJUSTMENT OF COMPOSITE THEORETICAL
PERFORMANCE LEVELS FOR POST-SHIPMENT
VERIFICATION 
REPORTS 
ON 
ADVANCED
SUPERCOMPUTERS 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
for the purposes of subsection (a) of this section in lieu
of the level set forth in subsection (a).’’.
SEC. 3137. EMPLOYEE INCENTIVES FOR EMPLOYEES AT
CLOSURE PROJECT FACILITIES.
(a) AUTHORITY TO PROVIDE INCENTIVES.—Notwith-
standing any other provision of law, the Secretary of En-
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ergy may provide to any eligible employee of the Depart-
ment of Energy one or more of the incentives described
in subsection (d).
(b) ELIGIBLE EMPLOYEES.—An individual is an eli-
gible employee of the Department of Energy for purposes
of this section if the individual—
(1) has worked continuously at a closure facility
for at least 2 years;
(2) is an employee (as that term is defined in
section 2105(a) of title 5, United States Code);
(3) has a fully satisfactory or equivalent per-
formance rating during the most recent performance
period and is not subject to an adverse notice re-
garding conduct; and
(4) meets any other requirement or condition
under subsection (d) for the incentive which is pro-
vided the employee under this section.
(c) CLOSURE FACILITY DEFINED.—For purposes of
this section, the term ‘‘closure facility’’ means a Depart-
ment of Energy facility at which the Secretary is carrying
out a closure project selected under section 3143 of the
National Defense Authorization Act for Fiscal Year 1997
(42 U.S.C. 7274n).
(d) INCENTIVES.—The incentives that the Secretary
may provide under this section are the following:
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(1) The right to accumulate annual leave pro-
vided by section 6303 of title 5, United States Code,
for use in succeeding years until it totals not more
than 90 days, or not more than 720 hours based on
a standard work week, at the beginning of the first
full biweekly pay period, or corresponding period for
an employee who is not paid on the basis of biweekly
pay periods, occurring in a year, except that—
(A) any annual leave that remains unused
when an employee transfers to a position in a
department or agency of the Federal Govern-
ment shall be liquidated upon the transfer by
payment to the employee of a lump sum for
leave in excess of 30 days, or in excess of 240
hours based on a standard work week; and
(B) upon separation from service, annual
leave accumulated under this paragraph shall
be treated as any other accumulated annual
leave is treated.
(2) The right to be paid a retention allowance
in a lump sum in compliance with paragraphs (1)
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
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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
to the aggregate amount so paid to or received by the em-
ployee as the unserved part of such employment bears to
the total period of employment agreed upon under such
agreement.
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(3) The Secretary may waive the applicability of
paragraph (1) or (2) to an employee otherwise covered by
such paragraph if the Secretary determines that there is
good and sufficient reason for the waiver.
(g) REPORT.—The Secretary shall include in each re-
port on a closure project under section 3143(h) of the Na-
tional Defense Authorization Act for Fiscal Year 1997 a
report on the incentives, if any, provided under this section
with respect to the project for the period covered by such
report.
(h) AUTHORITY WITH RESPECT TO HEALTH COV-
ERAGE.—Section 8905a(d)(5)(A) of title 5, United States
Code (as added by section 1106 of the Veterans Millen-
nium Health Care and Benefits Act (Public Law 106–117;
113 Stat. 1598)), is amended by inserting after ‘‘readjust-
ment’’ the following: ‘‘, or a voluntary or involuntary sepa-
ration from a Department of Energy position at a Depart-
ment of Energy facility at which the Secretary is carrying
out a closure project selected under section 3143 of the
National Defense Authorization Act for Fiscal Year 1997
(42 U.S.C. 7274n)’’.
(i) AUTHORITY WITH RESPECT TO VOLUNTARY SEP-
ARATIONS.—(1) The Secretary of Energy may—
(A) separate from service any employee at a
Department of Energy facility at which the Sec-