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port on the status of the program carried out under the
authority in subsection (b). The report shall include—
(1) a description of international interest in the
program;
(2) schedules and operational details of the pro-
gram; and
(3) recommendations for future funding for the
program.
(l) HIGHLY ENRICHED URANIUM DEFINED.—In this
section, the term ‘‘highly enriched uranium’’ means ura-
nium with a concentration of U–235 of 20 percent or more.
(m) AMOUNT FOR ACTIVITIES.—Of the amount to be
appropriated by section 3102(2) for the Department of En-
ergy for the National Nuclear Security Administration for
defense nuclear nonproliferation, up to $40,000,000 shall be
available for carrying out this section.
SEC. 3158. DISPOSITION OF PLUTONIUM IN RUSSIA.
(a) NEGOTIATIONS WITH RUSSIAN FEDERATION.—(1)
The Secretary of Energy is encouraged to continue to sup-
port the Secretary of State in negotiations with the Min-
istry of Atomic Energy of the Russian Federation to final-
ize the plutonium disposition program of the Russian Fed-
eration (as established under the agreement described in
subsection (b)).
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(2) As part of the negotiations, the Secretary of Energy
may consider providing additional funds to the Ministry
of Atomic Energy in order to reach a successful agreement.
(3) If such an agreement, meeting the requirements in
subsection (c), is reached with the Ministry of Atomic En-
ergy, which requires additional funds for the Russian work,
the Secretary shall either seek authority to use funds avail-
able for another purpose, or request supplemental appro-
priations, for such work.
(b) AGREEMENT.—The agreement referred to in sub-
section (a) is the Agreement Between the Government of the
United States of America and the Government of the Rus-
sian Federation Concerning the Management and Disposi-
tion of Plutonium Designated As No Longer Required For
Defense Purposes and Related Cooperation, signed August
29, 2000, and September 1, 2000.
(c) REQUIREMENT FOR DISPOSITION PROGRAM.— The
plutonium disposition program under subsection (a)—
(1) shall include transparent verifiable steps;
(2) shall proceed at a rate approximately equiva-
lent to the rate of the United States program for the
disposition of plutonium;
(3) shall provide for cost-sharing among a vari-
ety of countries;
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(4) shall provide for contributions by the Rus-
sian Federation;
(5) shall include steps over the near term to pro-
vide high confidence that the schedules for the disposi-
tion of plutonium of the Russian Federation will be
achieved; and
(6) may include research on more speculative
long-term options for the future disposition of the plu-
tonium of the Russian Federation in addition to the
near-term steps under paragraph (5).
SEC. 3159. STRENGTHENED INTERNATIONAL SECURITY FOR
NUCLEAR MATERIALS AND SAFETY AND SE-
CURITY OF NUCLEAR OPERATIONS.
(a) REPORT ON OPTIONS FOR INTERNATIONAL PRO-
GRAM TO STRENGTHEN SECURITY AND SAFETY.—(1) Not
later than 270 days after the date of the enactment of this
Act, the Secretary of Energy shall submit to Congress a re-
port on options for an international program to develop
strengthened security for all nuclear materials and safety
and security for current nuclear operations.
(2) The Secretary shall consult with the Office of Nu-
clear Energy Science and Technology of the Department of
Energy in the development of options for purposes of the
report.
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(3) In evaluating options for purposes of the report,
the Secretary shall consult with the Nuclear Regulatory
Commission and the International Atomic Energy Agency
on the feasibility and advisability of actions to reduce the
risks associated with terrorist attacks on nuclear power
plants outside the United States.
(4) Each option for an international program under
paragraph (1) may provide that the program is jointly led
by the United States, the Russian Federation, and the
International Atomic Energy Agency.
(5) The Secretary shall include with the report on op-
tions for an international program under paragraph (1)
a description and assessment of various management alter-
natives for the international program. If any option re-
quires Federal funding or legislation to implement, the re-
port shall also include recommendations for such funding
or legislation, as the case may be.
(b) JOINT PROGRAMS WITH RUSSIA ON PROLIFERA-
TION RESISTANT NUCLEAR ENERGY TECHNOLOGIES.—The
Director of the Office of Nuclear Energy Science and Tech-
nology Energy shall, in coordination with the Secretary,
pursue with the Ministry of Atomic Energy of the Russian
Federation joint programs between the United States and
the Russian Federation on the development of proliferation
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resistant nuclear energy technologies, including advanced
fuel cycles.
(c) PARTICIPATION
OF INTERNATIONAL TECHNICAL
EXPERTS.—In developing options under subsection (a), the
Secretary shall, in consultation with the Nuclear Regu-
latory Commission, the Russian Federation, and the Inter-
national Atomic Energy Agency, convene and consult with
an appropriate group of international technical experts on
the development of various options for technologies to pro-
vide strengthened security for nuclear materials and safety
and security for current nuclear operations, including the
implementation of such options.
(d) ASSISTANCE REGARDING HOSTILE INSIDERS AND
AIRCRAFT IMPACTS.—(1) The Secretary may, utilizing ap-
propriate expertise of the Department of Energy and the
Nuclear Regulatory Commission, provide assistance to nu-
clear facilities abroad on the interdiction of hostile insiders
at such facilities in order to prevent incidents arising from
the disablement of the vital systems of such facilities.
(2) The Secretary may carry out a joint program with
the Russian Federation and other countries to address and
mitigate concerns on the impact of aircraft with nuclear
facilities in such countries.
(e) ASSISTANCE TO IAEA IN STRENGTHENING INTER-
NATIONAL NUCLEAR SAFETY
AND SECURITY.—The Sec-
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retary may expand and accelerate the programs of the De-
partment of Energy to support the International Atomic
Energy Agency in strengthening international nuclear safe-
ty and security.
(f) AMOUNT FOR ACTIVITIES.—Of the amount author-
ized to be appropriated by section 3102(2) for the Depart-
ment of Energy for the National Nuclear Security Adminis-
tration for defense nuclear nonproliferation, up to
$35,000,000 shall be available for carrying out this section
as follows:
(1) For activities under subsections (a) through
(d), $20,000,000, of which—
(A) $5,000,000 shall be available for sabo-
tage protection for nuclear power plants and
other nuclear facilities abroad; and
(B) $10,000,000 shall be available for devel-
opment of proliferation resistant nuclear energy
technologies under subsection (b).
(2) 
For 
activities 
under 
subsection 
(e),
$15,000,000.
SEC. 3160. EXPORT CONTROL PROGRAMS.
(a) AUTHORITY TO PURSUE OPTIONS FOR STRENGTH-
ENING EXPORT CONTROL PROGRAMS.—The Secretary of
Energy may pursue in the former Soviet Union and other
regions of concern, principally in South Asia, the Middle
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East, and the Far East, options for accelerating programs
that assist countries in such regions in improving their do-
mestic export control programs for materials, technologies,
and expertise relevant to the construction or use of a nuclear
or radiological dispersal device.
(b) AMOUNT FOR ACTIVITIES.—Of the amount author-
ized to be appropriated by section 3102(2) for the Depart-
ment of Energy for the National Nuclear Security Adminis-
tration for defense nuclear nonproliferation, up to
$5,000,000 shall be available for carrying out this section.
SEC. 3161. IMPROVEMENTS TO NUCLEAR MATERIALS PRO-
TECTION, CONTROL, AND ACCOUNTING PRO-
GRAM OF THE RUSSIAN FEDERATION.
(a) REVISED FOCUS FOR PROGRAM.—(1) The Sec-
retary of Energy shall work cooperatively with the Russian
Federation to update and improve the Joint Action Plan
for the Materials Protection, Control, and Accounting pro-
grams of the Department and the Russian Federation Min-
istry of Atomic Energy.
(2) The updated plan shall shift the focus of the up-
grades of the nuclear materials protection, control, and ac-
counting program of the Russian Federation in order to
assist the Russian Federation in achieving, as soon as prac-
ticable but not later than January 1, 2012, a sustainable
nuclear materials protection, control, and accounting sys-
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tem for the nuclear materials of the Russian Federation
that is supported solely by the Russian Federation.
(b) PACE OF PROGRAM.—The Secretary shall work
with the Russian Federation, including applicable insti-
tutes in Russia, to pursue acceleration of the nuclear mate-
rials protection, control, and accounting programs at nu-
clear defense facilities in the Russian Federation.
(c) TRANSPARENCY
OF PROGRAM.—The Secretary
shall work with the Russian Federation to identify various
alternatives to provide the United States adequate trans-
parency in the nuclear materials protection, control, and
accounting program of the Russian Federation to assure
that such program is meeting applicable goals for nuclear
materials protection, control, and accounting.
(d) SENSE OF CONGRESS.—In furtherance of the ac-
tivities required under this section, it is the sense of Con-
gress the Secretary should—
(1) enhance the partnership with the Russian
Ministry of Atomic Energy in order to increase the
pace and effectiveness of nuclear materials accounting
and security activities at facilities in the Russian
Federation, including serial production enterprises;
and
(2) clearly identify the assistance required by the
Russian Federation, the contributions anticipated
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from the Russian Federation, and the transparency
milestones that can be used to assess progress in meet-
ing the requirements of this section.
SEC. 3162. COMPREHENSIVE ANNUAL REPORT TO CON-
GRESS ON COORDINATION AND INTEGRA-
TION 
OF 
ALL 
UNITED 
STATES 
NON-
PROLIFERATION ACTIVITIES.
Section 1205 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1247) is amended by adding at the end the following new
subsection:
‘‘(d) ANNUAL
REPORT
ON
IMPLEMENTATION
OF
PLAN.—(1) Not later than January 31, 2003, and each year
thereafter, the President shall submit to Congress a report
on the implementation of the plan required by subsection
(a) during the preceding year.
‘‘(2) Each report under paragraph (1) shall include—
‘‘(A) a discussion of progress made during the
year covered by such report in the matters of the plan
required by subsection (a);
‘‘(B) a discussion of consultations with foreign
nations, and in particular the Russian Federation,
during such year on joint programs to implement the
plan;
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‘‘(C) a discussion of cooperation, coordination,
and integration during such year in the implementa-
tion of the plan among the various departments and
agencies of the United States Government, as well as
private entities that share objectives similar to the ob-
jectives of the plan; and
‘‘(D) any recommendations that the President
considers appropriate regarding modifications to law
or regulations, or to the administration or organiza-
tion of any Federal department or agency, in order
to improve the effectiveness of any programs carried
out during such year in the implementation of the
plan.’’.
SEC. 3163. UTILIZATION OF DEPARTMENT OF ENERGY NA-
TIONAL LABORATORIES AND SITES IN SUP-
PORT OF COUNTERTERRORISM AND HOME-
LAND SECURITY ACTIVITIES.
(a) AGENCIES AS JOINT SPONSORS OF LABORATORIES
FOR WORK ON ACTIVITIES.—Each department or agency
of the Federal Government, or of a State or local govern-
ment, that carries out work on counterterrorism and home-
land security activities at a Department of Energy national
laboratory may be a joint sponsor, under a multiple agency
sponsorship arrangement with the Department, of such lab-
oratory in the performance of such work.
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(b) AGENCIES AS JOINT SPONSORS OF SITES FOR
WORK ON ACTIVITIES.—Each department or agency of the
Federal Government, or of a State or local government, that
carries out work on counterterrorism and homeland secu-
rity activities at a Department of Energy site may be a
joint sponsor of such site in the performance of such work
as if such site were a federally funded research and develop-
ment center and such work were performed under a mul-
tiple agency sponsorship arrangement with the Department.
(c) PRIMARY SPONSORSHIP.—The Department of En-
ergy shall be the primary sponsor under a multiple agency
sponsorship arrangement required under subsection (a) or
(b).
(d) WORK.—(1) The Administrator for Nuclear Secu-
rity shall act as the lead agent in coordinating the forma-
tion and performance of a joint sponsorship agreement be-
tween a requesting agency and a Department of Energy na-
tional laboratory or site for work on counterterrorism and
homeland security.
(2) A request for work may not be submitted to a na-
tional laboratory or site under this section unless approved
in advance by the Administrator.
(3) Any work performed by a national laboratory or
site under this section shall comply with the policy on the
use of federally funded research and development centers
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under section 35.017(a)(4) of the Federal Acquisition Regu-
lation.
(4) The Administrator shall ensure that the work of
a national laboratory or site requested under this section
is performed expeditiously and to the satisfaction of the
head of the department or agency submitting the request.
(e) FUNDING.—(1) Subject to paragraph (2), a joint
sponsor of a Department of Energy national laboratory or
site under this section shall provide funds for work of such
national laboratory or site, as the case may be, under this
section under the same terms and conditions as apply to
the primary sponsor of such national laboratory under sec-
tion 303(b)(1)(C) of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253(b)(1)(C)) or of such
site to the extent such section applies to such site as a feder-
ally funded research and development center by reason of
subsection (b).
(2) The total amount of funds provided a national lab-
oratory or site in a fiscal year under this subsection by
joint sponsors other than the Department of Energy shall
not exceed an amount equal to 25 percent of the total funds
provided such national laboratory or site, as the case may
be, in such fiscal year from all sources.
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Subtitle E—Other Matters
SEC. 3171. INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.
Section 170d.(1)(A) of the Atomic Energy Act of 1954
(42 U.S.C. 2210(d)(1)(A)) is amended by striking ‘‘until
August 1, 2002,’’ and inserting ‘‘until August 1, 2012’’.
SEC. 3172. WORKER HEALTH AND SAFETY RULES FOR DE-
PARTMENT OF ENERGY FACILITIES.
The Atomic Energy Act of 1954 is amended by insert-
ing after section 234B (42 U.S.C. 2282b) the following:
‘‘SEC. 234C. WORKER HEALTH AND SAFETY RULES FOR DE-
PARTMENT OF ENERGY NUCLEAR FACILITIES.
‘‘(a) PERSONS SUBJECT TO PENALTY.—
‘‘(1) CIVIL PENALTY.—
‘‘(A) IN GENERAL.—A person (or any sub-
contractor or supplier of the person) who has en-
tered into an agreement of indemnification
under section 2210(d) (or any subcontractor or
supplier of the person) that violates (or is the
employer of a person that violates) Department
of Energy Order No. 440.1A (1998), or any rule
or regulation relating to industrial or construc-
tion health and safety promulgated by the Sec-
retary of Energy (referred to in this section as
the ‘‘Secretary’’) after public notice and oppor-
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tunity for comment under section 553 of title 5,
United States Code (commonly known as the
‘Administrative Procedure Act’), shall be subject
to a civil penalty of not more than $100,000 for
each such violation.
‘‘(B) CONTINUING VIOLATIONS.—If any vio-
lation under this subsection is a continuing vio-
lation, each day of the violation shall constitute
a separate violation for the purpose of computing
the civil penalty under subparagraph (A).
‘‘(2) REGULATIONS.—
‘‘(A) IN
GENERAL.—Not later than 270
days after the date of enactment of this section,
the Secretary shall promulgate regulations for
industrial and construction health and safety
that incorporate the provisions and requirements
contained in Department of Energy Order No.
440.1A (1998).
‘‘(B) EFFECTIVE
DATE.—The regulations
promulgated under subparagraph (A) shall take
effect on the date that is 1 year after the promul-
gation date of the regulations.
‘‘(3) VARIANCES OR EXEMPTIONS.—
‘‘(A) IN
GENERAL.—The Secretary may
provide in the regulations promulgated under
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paragraph 
(2) 
a 
procedure 
for 
granting
variances or exemptions to the extent necessary
to avoid serious impairment of the national secu-
rity of the United States.
‘‘(B) 
DETERMINATION.—In 
determining
whether to provide a variance or exemption
under subparagraph (A), the Secretary of En-
ergy shall assess—
‘‘(i) the impact on national security of
not providing a variance or exemption; and
‘‘(ii) the benefits or detriments to
worker health and safety of providing a
variance or exemption.
‘‘(C) PROCEDURE.—Before granting a vari-
ance or exemption, the Secretary of Energy
shall—
‘‘(i) notify affected employees;
‘‘(ii) provide an opportunity for a
hearing on the record; and
‘‘(iii) notify Congress of any deter-
mination to grant a variance at least 60
days before the proposed effective date of the
variance or exemption.
‘‘(4) APPLICABILITY.—This subsection does not
apply to any facility that is a component of, or any
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activity conducted under, the Naval Nuclear Propul-
sion Program.
‘‘(5) ENFORCEMENT GUIDANCE ON STRUCTURES
TO BE DISPOSED OF.—
‘‘(A) IN GENERAL.—In enforcing the regula-
tions under paragraph (2), the Secretary of En-
ergy shall, on a case-by-case basis, evaluate
whether a building, facility, structure, or im-
provement of the Department of Energy that is
permanently closed and that is expected to be de-
molished, or title to which is expected to be
transferred to another entity for reuse, should
undergo major retrofitting to comply with spe-
cific general industry standards.
‘‘(B) NO EFFECT ON HEALTH AND SAFETY
ENFORCEMENT.—This subsection does not dimin-
ish or otherwise affect—
‘‘(i) the enforcement of any worker
health and safety regulations under this sec-
tion with respect to the surveillance and
maintenance or decontamination, decom-
missioning, or demolition of buildings, fa-
cilities, structures, or improvements; or
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‘‘(ii) the application of any other law
(including regulations), order, or contrac-
tual obligation.
‘‘(b) CONTRACT PENALTIES.—
‘‘(1) IN GENERAL.—The Secretary shall include
in each contract with a contractor of the Department
provisions that provide an appropriate reduction in
the fees or amounts paid to the contractor under the
contract in the event of a violation by the contractor
or contractor employee of any regulation or order re-
lating to industrial or construction health and safety.
‘‘(2) CONTENTS.—The provisions shall specify
various degrees of violations and the amount of the
reduction attributable to each degree of violation.
‘‘(c) POWERS
AND LIMITATIONS.—The powers and
limitations applicable to the assessment of civil penalties
under section 234A, except for subsection (d) of that section,
shall apply to the assessment of civil penalties under this
section.
‘‘(d) TOTAL AMOUNT OF PENALTIES.—In the case of
an entity described in subsection (d) of section 234A, the
total amount of civil penalties under subsection (a) or
under subsection (a) of section 234B in a fiscal year may
not exceed the total amount of fees paid by the Department
of Energy to that entity in that fiscal year.’’.
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SEC. 3173. ONE-YEAR EXTENSION OF AUTHORITY OF DE-
PARTMENT OF ENERGY TO PAY VOLUNTARY
SEPARATION INCENTIVE PAYMENTS.
(a) IN GENERAL.—Section 3161(a) of the National De-
fense Authorization Act for Fiscal Year 2000 (Public Law
106–65; 5 U.S.C. 5597 note) is amended by striking ‘‘Janu-
ary 1, 2004’’ and inserting ‘‘January 1, 2005’’.
(b) CONSTRUCTION.—The amendment made by sub-
section (a) may be superseded by another provision of law
that takes effect after the date of the enactment of this Act,
and before January 1, 2004, establishing a uniform system
for providing voluntary separation incentives (including a
system for requiring approval of plans by the Office of Man-
agement and Budget) for employees of the Federal Govern-
ment.
SEC. 3174. SUPPORT FOR PUBLIC EDUCATION IN THE VICIN-
ITY OF LOS ALAMOS NATIONAL LABORATORY,
NEW MEXICO.
(a) SUPPORT
FOR
FISCAL
YEAR
2003.—From
amounts authorized to be appropriated to the Secretary of
Energy by this title, $6,900,000 shall be available for pay-
ment by the Secretary for fiscal year 2003 to the Los Ala-
mos National Laboratory Foundation, a not-for-profit foun-
dation chartered in accordance with section 3167(a) of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 2052).
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(b) USE OF FUNDS.—The foundation referred to in
subsection (a) shall—
(1) utilize funds provided under this section as
a contribution to the endowment fund for the founda-
tion; and
(2) use the income generated from investments in
the endowment fund that are attributable to the pay-
ment made under this section to fund programs to
support the educational needs of children in the pub-
lic schools in the vicinity of Los Alamos National
Laboratory, New Mexico.
(c) REPEAL OF SUPERSEDED AUTHORITY AND MODI-
FICATION
OF AUTHORITY TO EXTEND CONTRACT.—(1)
Subsection (b) of section 3136 of the National Defense Au-
thorization Act for Fiscal Year 2002 (Public Law 107–107;
115 Stat. 1368) is amended to read as follows:
‘‘(b) SUPPORT FOR FISCAL YEARS 2003 THROUGH
2013.—Subject to the availability of appropriations, the
Secretary may provide for a contract extension through fis-
cal year 2013 similar to the contract extension referred to
in subsection (a)(2).’’.
(2) The amendment made by paragraph (1) shall take
effect on October 1, 2002.
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Subtitle F—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 Manage-
ment 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 pre-
venting 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 com-
mercial nuclear power reactors.
(4) The Department has formulated a plan for
implementing the agreement with Russia through con-
struction 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.
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(5) The United States and the State of South
Carolina have a compelling interest in the safe, prop-
er, and efficient operation of the plutonium disposi-
tion 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 plu-
tonium materials transferred to the Savannah River
Site either be processed or be removed expeditiously.
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,
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the MOX production objective, and to produce 1 met-
ric 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 plutonium materials at the Savannah
River Site will be processed into mixed oxide fuel by
January 1, 2019.
(3)(A) Not later than February 15 each year, begin-
ning in 2004 and continuing for as long as the MOX facil-
ity is in use, the Secretary shall submit to Congress a report
on the implementation of the plan required by paragraph
(1).
(B) Each report under subparagraph (A) for years be-
fore 2010 shall include—
(i) an assessment of compliance with the sched-
ules 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 Jan-
uary 2009.
(C) Each report under subparagraph (A) for years
after 2009 shall—
(i) address whether the MOX production objective
has been met; and
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(ii) assess progress toward meeting the obliga-
tions of the United States under the Plutonium Man-
agement and Disposition Agreement.
(D) For years after 2017, each report under subpara-
graph (A) shall also include an assessment of compliance
with the MOX production objective and, if not in compli-
ance, the plan of the Secretary for achieving one of the fol-
lowing:
(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 sub-
section (a)(3) indicates that construction or operation of the
MOX facility is behind the applicable schedule under sub-
section (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 ac-
tions 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 implemented by the Secretary to ensure that the MOX
production objective is met.
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(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 deter-
mines 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 pluto-
nium and defense plutonium materials to be processed by
the MOX facility until such risk is addressed and the Sec-
retary 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 further transfers of defense pluto-
nium and defense plutonium materials to be processed by
the MOX facility until the Secretary certifies that the MOX
production objective can be met by 2009.
(6)(A) Upon making a determination under para-
graph (4) or (5), the Secretary shall submit to Congress a
report on the options for removing from the State of South
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Carolina an amount of defense plutonium or defense pluto-
nium 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 analysis 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 con-
sideration or selection of such option.
(C) Upon submittal of a report under paragraph (A),
the Secretary shall commence any analysis that may be re-
quired 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 production objective is not achieved as
of January 1, 2009, the Secretary shall, consistent with the
National Environmental Policy Act of 1969 and other ap-
plicable 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 pluto-
nium materials; and
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(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 transferred 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 production objective is not achieved as of January
1, 2011, the Secretary shall pay to the State of South Caro-
lina each year beginning on or after that date through 2016
for economic and impact assistance an amount equal to
$1,000,000 per day until the later of—
(A) the passage of 100 days in such year;
(B) the MOX production objective is achieved in
such year; or
(C) 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 the MOX production objective is not achieved
as of January 1, 2017, the Secretary shall pay to the State
of South Carolina each year beginning on or after that date
through 2024 for economic and impact assistance an
amount equal to $1,000,000 per day until the later of—
(i) the passage of 100 days in such year;
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(ii) the MOX production objective is achieved in
such year; or
(iii) the Secretary has removed 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 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 require-
ments of this section.
(3) The Secretary shall make payments, if any, under
this subsection, from amounts authorized to be appropriated
to the Department of Energy.
(4) If the State of South Carolina obtains an injunc-
tion 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 pe-
riod 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 pluto-
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nium materials have been processed 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 materials transferred to the Sa-
vannah River Site after April 15, 2002, but not proc-
essed by the MOX facility.
(f) REMOVAL OF MIXED-OXIDE FUEL UPON COMPLE-
TION OF OPERATIONS OF MOX FACILITY.—If, one year
after the date on which operation of the MOX facility per-
manently ceases any mixed-oxide fuel remains at the Sa-
vannah 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 production objective’’ means production at the
MOX facility of mixed-oxide fuel from defense pluto-
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nium and defense plutonium materials 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 fa-
cility from the date the facility is declared oper-
ational 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
MATERIALS.—The terms ‘‘defense-plutonium’’ and
‘‘defense plutonium materials’’ mean weapons-usable
plutonium.
SEC. 3183. STUDY OF FACILITIES FOR STORAGE OF PLUTO-
NIUM AND PLUTONIUM MATERIALS AT SA-
VANNAH RIVER SITE.
(a) STUDY.—The Defense Nuclear Facilities Safety
Board shall conduct a study of the adequacy of K-Area Ma-
terials Storage facility (KAMS), and related support facili-
ties 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 con-
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nection with the amended Record of Decision of the Depart-
ment of Energy for fissile materials disposition.
(b) REPORT.—Not later than one year after the date
of enactment of this Act, the Defense Nuclear Facilities
Safety Board shall submit to Congress and the Secretary
of Energy a report on the study conducted under subsection
(a).
(c) REPORT ELEMENTS.—The report under subsection
(b) shall—
(1) address—
(A) the suitability of KAMS and related
support facilities for monitoring and observing
any defense plutonium or defense plutonium ma-
terials stored in KAMS;
(B) the adequacy of the provisions made by
the Department for remote monitoring of such
defense plutonium and defense plutonium mate-
rials by way of sensors and for handling of re-
trieval of such defense plutonium and defense
plutonium materials; and
(C) the adequacy of KAMS should such de-
fense plutonium and defense plutonium mate-
rials continue to be stored at KAMS after 2019;
and
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(2) include such recommendations as the Defense
Nuclear Facilities Safety Board considers appropriate
to enhance the safety, reliability, and functionality of
KAMS.
(d) REPORTS ON ACTIONS ON RECOMMENDATIONS.—
Not later than 6 months after the date on which the report
under subsection (b) is submitted to Congress, and every
year thereafter, the Secretary and the Board shall each sub-
mit to Congress a report on the actions taken by the Sec-
retary in response to the recommendations, if any, included
in the report.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2003, $19,494,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. AUTHORIZATION OF APPROPRIATIONS FOR THE
FORMERLY USED SITES REMEDIAL ACTION
PROGRAM OF THE CORPS OF ENGINEERS.
There is hereby authorized to be appropriated for fiscal
year 2003 for the Department of the Army, $140,000,000
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for the formerly used sites remedial action program of the
Corps of Engineers.
Attest:
Secretary.