S. 2552 (106th): Department of Energy National Security Act for Fiscal Year 2001

106th Congress, 1999–2000. Text as of Jul 13, 2000 (Passed the Senate (Engrossed)).

Status & Summary | PDF | Source: GPO

106th CONGRESS
  2d Session
                                S. 2552

_______________________________________________________________________

                                 AN ACT


 
To authorize appropriations for fiscal year 2001 for defense activities 
          of the Department of Energy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 2001''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Energy employees compensation initiative.
Sec. 3106. Defense nuclear waste disposal.
                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
                            activities.
Sec. 3127. Funds available for all national security programs of the 
                            Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
          Subtitle C--National Nuclear Security Administration

Sec. 3131. Term of office of person first appointed as Under Secretary 
                            for Nuclear Security of the Department of 
                            Energy.
Sec. 3132. Membership of Under Secretary for Nuclear Security on the 
                            Joint Nuclear Weapons Council.
Sec. 3133. Scope of authority of Secretary of Energy to modify 
                            organization of National Nuclear Security 
                            Administration.
Sec. 3134. Prohibition on pay of personnel engaged in concurrent 
                            service or duties inside and outside 
                            National Nuclear Security Administration.
Sec. 3135. Organization plan for field offices of the National Nuclear 
                            Security Administration.
Sec. 3136. Future-years nuclear security program.
Sec. 3137. Cooperative research and development of the National Nuclear 
                            Security Administration.
Sec. 3138. Construction of National Nuclear Security Administration 
                            operations office complex.
   Subtitle D--Program Authorizations, Restrictions, and Limitations

Sec. 3151. Processing, treatment, and disposition of legacy nuclear 
                            materials.
Sec. 3152. Formerly Utilized Sites Remedial Action Program.
Sec. 3153. Department of Energy defense nuclear nonproliferation 
                            programs.
Sec. 3154. Modification of counterintelligence polygraph program.
Sec. 3155. Employee incentives for employees at closure project 
                            facilities.
Sec. 3156. Conceptual design for Subsurface Geosciences Laboratory at 
                            Idaho National Engineering and 
                            Environmental Laboratory, Idaho Falls, 
                            Idaho.
Sec. 3157. Tank Waste Remediation System, Hanford Reservation, 
                            Richland, Washington.
Sec. 3158. Report on national ignition facility, Lawrence Livermore 
                            National Laboratory, Livermore, California.
     Subtitle E--National Laboratories Partnership Improvement Act

Sec. 3161. Short title.
Sec. 3162. Definitions.
Sec. 3163. Technology Infrastructure Pilot Program.
Sec. 3164. Small business advocacy and assistance.
Sec. 3165. Technology partnerships ombudsman.
Sec. 3166. Studies related to improving mission effectiveness, 
                            partnerships, and technology transfer at 
                            National Laboratories.
Sec. 3167. Other transactions authority.
Sec. 3168. Conformance with NNSA organizational structure.
Sec. 3169. Arctic energy.
                       Subtitle F--Other Matters

Sec. 3171. Extension of authority for appointment of certain 
                            scientific, engineering, and technical 
                            personnel.
Sec. 3172. Updates of report on nuclear test readiness postures.
Sec. 3173. Frequency of reports on inadvertent releases of Restricted 
                            Data and Formerly Restricted Data.
Sec. 3174. Form of certifications regarding the safety or reliability 
                            of the nuclear weapons stockpile.
Sec. 3175. Engineering and manufacturing research, development, and 
                            demonstration by plant managers of certain 
                            nuclear weapons production plants.
Sec. 3176. Cooperative research and development agreements for 
                            Government-owned, contractor-operated 
                            laboratories.
Sec. 3177. Commendation of Department of Energy and contractor 
                            employees for exemplary service in 
                            stockpile stewardship and security.
Sec. 3178. Adjustment of threshold requirement for submission of 
                            reports on advanced computer sales to Tier 
                            III foreign countries.
             Subtitle G--Russian Nuclear Complex Conversion

Sec. 3191. Short title.
Sec. 3192. Findings.
Sec. 3193. Expansion and enhancement of Nuclear Cities Initiative.
Sec. 3194. Sense of Congress on the establishment of a National 
                            Coordinator for Nonproliferation Matters.
Sec. 3195. Definitions.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.
                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

Sec. 3301. Minimum price of petroleum sold from the naval petroleum 
                            reserves.
Sec. 3302. Repeal of authority to contract for cooperative or unit 
                            plans affecting Naval Petroleum Reserve 
                            Numbered 1.
Sec. 3303. Land transfer and restoration.
                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Increased receipts under prior disposal authority.
Sec. 3403. Disposal of titanium.
     TITLE XXXV--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

Sec. 3501. Short title.
Sec. 3502. Construction with other laws.
Sec. 3503. Definitions.
Sec. 3504. Expansion of list of beryllium vendors and means of 
                            establishing covered beryllium illnesses.
      Subtitle A--Beryllium, Silicosis, and Radiation Compensation

Sec. 3511. Exposure to hazards in the performance of duty.
Sec. 3512. Advisory board on radiation and worker health.
Sec. 3513. Designation of additional members of the Special Exposure 
                            Cohort.
Sec. 3514. Authority to provide compensation and other assistance.
Sec. 3515. Alternative compensation.
Sec. 3516. Submittal of claims.
Sec. 3517. Adjudication and administration.
             Subtitle B--Exposure to Other Toxic Substances

Sec. 3521. Definitions.
Sec. 3522. Agreements with States.
                     Subtitle C--General Provisions

Sec. 3531. Treatment of compensation and benefits.
Sec. 3532. Forfeiture of benefits by convicted felons.
Sec. 3533. Limitation on right to receive benefits.
Sec. 3534. Coordination of benefits--State workers' compensation.
Sec. 3535. Coordination of benefits--Federal workers' compensation.
Sec. 3536. Receipt of benefits--other statutes.
Sec. 3537. Dual compensation--Federal employees.
Sec. 3538. Dual compensation--other employees.
Sec. 3539. Exclusivity of remedy against the United States, 
                            contractors, and subcontractors.
Sec. 3540 Election of remedy against beryllium vendors and atomic 
                            weapons employers.
Sec. 3541. Subrogation of the United States.
Sec. 3542. Energy Employees' Occupational Illness Compensation Fund.
Sec. 3543. Effective date.
Sec. 3544. Technical and conforming amendments.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Appropriations of the House of Representatives.

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2001 for national nuclear 
security administration in carrying out programs necessary for national 
security in the amount of $6,289,835,000, to be allocated as follows:
            (1) Weapons activities.--For weapons activities necessary 
        for national nuclear security administration, $4,747,800,000, 
        to be allocated as follows:
                    (A) Stewardship operation and maintenance.--For 
                stewardship operation and maintenance in carrying out 
                weapons activities necessary for national nuclear 
                security administration, $3,822,383,000, to be 
                allocated as follows:
                            (i) For directed stockpile work, 
                        $842,603,000.
                            (ii) For campaigns, $1,471,982,000.
                            (iii) For readiness in technical base and 
                        facilities, $1,507,798,000.
                    (B) Secure transportation assets.--For secure 
                transportation assets in carrying out weapons 
                activities necessary for national nuclear security 
                administration, $115,673,000, to be allocated as 
                follows:
                            (i) For operation and maintenance, 
                        $79,357,000.
                            (ii) For program direction (secure 
                        transportation), $36,316,000.
                    (C) Program direction.--For program direction in 
                carrying out weapons activities necessary for national 
                nuclear security administration, $221,257,000.
                    (D) Construction.--For construction (including 
                maintenance, restoration, planning, construction, 
                acquisition, modification of facilities, and the 
                continuation of projects authorized in prior years, and 
                land acquisition related thereto) in carrying out 
                weapons activities necessary for national nuclear 
                security administration, $588,173,000, to be allocated 
                as follows:
                            Project 01-D-101, distributed information 
                        systems laboratory, Sandia National 
                        Laboratories, Livermore, California, 
                        $2,300,000.
                            Project 01-D-103, preliminary project 
                        design and engineering, various locations, 
                        $14,500,000.
                            Project 01-D-124, highly enriched uranium 
                        (HEU) materials facility, Y-12 Plant, Oak 
                        Ridge, Tennessee, $17,800,000.
                            Project 01-D-126, weapons evaluation test 
                        laboratory, Pantex Plant, Amarillo, Texas, 
                        $3,000,000.
                            Project 00-D-103, terascale simulation 
                        facility, Lawrence Livermore National 
                        Laboratory, Livermore, California, $5,000,000.
                            Project 00-D-105, strategic computing 
                        complex, Los Alamos National Laboratory, Los 
                        Alamos, New Mexico, $56,000,000.
                            Project 00-D-107, joint computational 
                        engineering laboratory, Sandia National 
                        Laboratories, Albuquerque, New Mexico, 
                        $6,700,000.
                            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 
                        systems certification test center, Sandia 
                        National Laboratories, Albuquerque, New Mexico, 
                        $5,200,000.
                            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 management 
                        restructuring initiative, Kansas City Plant, 
                        Kansas City, Missouri, $23,765,000.
                            Project 99-D-128, stockpile management 
                        restructuring initiative, Pantex Plant 
                        consolidation, Amarillo, Texas, $4,998,000.
                            Project 99-D-132, stockpile management 
                        restructuring initiative, nuclear materials 
                        safeguards and security upgrades project, Los 
                        Alamos National Laboratory, Los Alamos, New 
                        Mexico, $18,043,000.
                            Project 98-D-123, stockpile management 
                        restructuring initiative, tritium facility 
                        modernization and consolidation, Savannah River 
                        Site, Aiken, South Carolina, $30,767,000.
                            Project 98-D-125, tritium extraction 
                        facility, Savannah River Site, Aiken, South 
                        Carolina, $75,000,000.
                            Project 98-D-126, Accelerator Production of 
                        Tritium (APT), various locations, $34,000,000.
                            Project 97-D-102, dual-axis radiographic 
                        hydrotest facility (DARHT), Los Alamos National 
                        Laboratory, Los Alamos, New Mexico, 
                        $35,232,000.
                            Project 97-D-123, structural upgrades, 
                        Kansas City Plant, Kansas City, Missouri, 
                        $2,918,000.
                            Project 96-D-111, national ignition 
                        facility (NIF), Lawrence Livermore National 
                        Laboratory, Livermore, California, 
                        $214,100,000.
                            Project 95-D-102, chemistry and metallurgy 
                        research upgrades project, Los Alamos National 
                        Laboratory, Los Alamos, New Mexico, 
                        $13,337,000.
                            Project 88-D-123, security enhancement, 
                        Pantex Plant, Amarillo, Texas, $2,713,000.
            (2) Defense nuclear nonproliferation.--For defense nuclear 
        nonproliferation necessary for national nuclear security 
        administration, $847,035,000, to be allocated as follows:
                    (A) Nonproliferation and verification research and 
                development.--For nonproliferation and verification 
                research and development technology in carrying out 
                defense nuclear nonproliferation necessary for national 
                nuclear security administration, $262,990,000, to be 
                allocated as follows:
                            (i) For operation and maintenance, 
                        $255,990,000.
                            (ii) For the following plant project 
                        (including maintenance, 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 follows:
                                    Project 00-D-192, nonproliferation 
                                and international security center 
                                (NISC), Los Alamos National Laboratory, 
                                Los Alamos, New Mexico, $7,000,000.
                    (B) Arms control.--For arms control in carrying out 
                defense nuclear nonproliferation necessary for national 
                nuclear security administration, $308,060,000, to be 
                allocated as follows:
                            (i) For arms control operations, 
                        $272,870,000.
                            (ii) For highly enriched uranium (HEU) 
                        transparency implementation, $15,190,000.
                            (iii) For international nuclear safety, 
                        $20,000,000.
                    (C) Fissile materials disposition.--For fissile 
                materials disposition in carrying out defense nuclear 
                nonproliferation necessary for national nuclear 
                security administration, $224,517,000, to be allocated 
                as follows:
                            (i) For operation and maintenance, 
                        $175,517,000.
                            (ii) For plant projects (including 
                        maintenance, restoration, planning, 
                        construction, acquisition, modification of 
                        facilities, and the continuation of projects 
                        authorized in prior years, and land acquisition 
                        related thereto), $49,000,000, to be allocated 
                        as follows:
                                    Project 00-D-142, immobilization 
                                and associated processing facility, 
                                titles I and II design, Savannah River 
                                Site, Aiken, South Carolina, 
                                $3,000,000.
                                    Project 99-D-141, pit disassembly 
                                and conversion facility, titles I and 
                                II design, Savannah River Site, Aiken, 
                                South Carolina, $20,000,000.
                                    Project 99-D-143, mixed oxide fuel 
                                fabrication facility, titles I and II 
                                design, Savannah River Site, Aiken, 
                                South Carolina, $26,000,000.
                    (D) Program direction.--For program direction in 
                carrying out defense nuclear nonproliferation necessary 
                for national nuclear security administration, 
                $51,468,000.
            (3) Naval reactors.--For naval reactors activities 
        necessary for national nuclear security administration, 
        $695,000,000, to be allocated as follows:
                    (A) Naval reactors development.--For naval reactors 
                development in carrying out naval reactors activities 
                necessary for national nuclear security administration, 
                $673,600,000, to be allocated as follows:
                            (i) For operation and maintenance, 
                        $644,900,000.
                            (ii) For plant projects (including 
                        maintenance, restoration, planning, 
                        construction, acquisition, modification of 
                        facilities, and the continuation of projects 
                        authorized in prior years, and land acquisition 
                        related thereto), $28,700,000, to be allocated 
                        as follows:
                                    Project GPN-101, general plant 
                                projects, various locations, 
                                $11,400,000.
                                    Project 01-D-200, major office 
                                replacement building, Schenectady, New 
                                York, $1,300,000.
                                    Project 90-N-102, expended core 
                                facility dry cell project, Naval 
                                Reactors Facility, Idaho Falls, Idaho, 
                                $16,000,000.
                    (B) Program direction.--For program direction in 
                carrying out naval reactors activities necessary for 
                national nuclear security administration, $21,400,000.

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) In General.--Subject to subsection (b), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 2001 for environmental restoration and waste management activities 
in carrying out programs necessary for national security in the amount 
of $5,651,824,000, to be allocated as follows:
            (1) Closure projects.--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. 7277n), $1,082,297,000
            (2) Site/project completion.--For site completion and 
        project completion in carrying out environmental management 
        activities necessary for national security programs, 
        $930,951,000, to be allocated as follows:
                    (A) For operation and maintenance, $861,475,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation 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 National Engineering 
                        and Environmental Laboratory, Idaho Falls, 
                        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 areas, Savannah River Site, 
                        Aiken, South Carolina, $7,714,000.
                            Project 99-D-404, health physics 
                        instrumentation laboratory, Idaho National 
                        Engineering and Environmental Laboratory, Idaho 
                        Falls, Idaho, $4,300,000.
                            Project 98-D-453, plutonium stabilization 
                        and handling system for plutonium finishing 
                        plant, Richland, Washington, $1,690,000.
                            Project 97-D-470, regulatory monitoring 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&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, Livermore, California, $2,000,000.
            (3) Post 2006 completion.--For post-2006 completion in 
        carrying out environmental restoration and waste management 
        activities necessary for national security programs, 
        $3,178,457,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,683,725,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation 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, Richland, 
                        Washington, $1,300,000.
                            Project 99-D-403, privatization phase I 
                        infrastructure support, Richland, Washington, 
                        $7,812,000.
                            Project 97-D-402, tank farm restoration and 
                        safe operations, Richland, Washington, 
                        $46,023,000.
                            Project 94-D-407, initial tank retrieval 
                        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.
            (4) Science and technology development.--For science and 
        technology development in carrying out environmental 
        restoration and waste management activities necessary for 
        national security programs, $246,548,000.
            (5) Program direction.--For program direction in carrying 
        out environmental restoration and waste management activities 
        necessary for national security programs, $354,888,000.
    (b) Adjustment.--The total amount authorized to be appropriated by 
subsection (a) is the sum of the amounts authorized to be appropriated 
by paragraphs (1) through (5) of that subsection, reduced by 
$216,317,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    (a) In General.--Subject to subsection (b), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 2001 for other defense activities in carrying out programs 
necessary for national security in the amount of $536,322,000, to be 
allocated as follows:
            (1) Intelligence.--For intelligence in carrying out other 
        defense activities necessary for national security programs, 
        $38,059,000, to be allocated as follows:
                    (A) For operation and maintenance, $36,059,000.
                    (B) For the following plant project (including 
                maintenance, restoration, planning, construction, 
                acquisition, modification of facilities, and the 
                continuation of projects authorized in prior years, and 
                land acquisition related thereto), $2,000,000, to be 
                allocated as follows:
                            Project 01-D-800, sensitive compartmented 
                        information facility, Lawrence Livermore 
                        National Laboratory, Livermore, California, 
                        $2,000,000.
            (2) Counterintelligence.--For counterintelligence in 
        carrying out other defense activities necessary for national 
        security programs, $75,200,000.
            (3) Security and emergency operations.--For security and 
        emergency operations in carrying out other defense activities 
        necessary for national security programs, $281,576,000, to be 
        allocated as follows:
                    (A) For nuclear safeguards and security, 
                $124,409,000.
                    (B) For security investigations, $33,000,000.
                    (C) For emergency management, $37,300,000.
                    (D) For program direction, $86,867,000.
            (4) Independent oversight and performance assurance.--For 
        independent oversight and performance assurance in carrying out 
        other defense activities necessary for national security 
        programs, $14,937,000, to be allocated for program direction.
            (5) Environment, safety, and health, defense.--For 
        environment, safety, and health, defense, in carrying out other 
        defense activities necessary for national security programs, 
        $99,050,000, to be allocated as follows:
                    (A) For the Office of Environment, Safety, and 
                Health (Defense), $76,446,000.
                    (B) For program direction, $22,604,000.
            (6) Worker and community transition.--For worker and 
        community transition in carrying out other defense activities 
        necessary for national security programs, $24,500,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $21,500,000.
                    (B) For program direction, $3,000,000.
            (7) Office of hearings and appeals.--For the Office of 
        Hearings and Appeals in carrying out other defense activities 
        necessary for national security programs, $3,000,000.
    (b) Adjustments.--(1) 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 organizations for security investigations.
    (2) The total amount authorized to be appropriated by subsection 
(a) is the sum of the amounts authorized to be appropriated by 
paragraphs (1) through (7) of that subsection, reduced by $50,000,000.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2001 for privatization 
initiatives in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $390,092,000, to be allocated as follows:
            Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
        Falls, Idaho, $25,092,000.
            Project 97-PVT-1, tank waste remediation system project, 
        phase I, Richland, Washington, $300,000,000.
            Project 97-PVT-2, advanced mixed waste treatment project 
        Idaho Falls, Idaho, $65,000,000.
    (b) Explanation of Adjustment.--The amount authorized to be 
appropriated pursuant to subsection (a) is the sum of the amounts 
authorized to be appropriated for the projects in that subsection 
reduced by $25,092,000 for use of prior year balances of funds for 
defense environmental management privatization.

SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIATIVE.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2001 for an energy employees compensation 
initiative in the amount of $17,000,000.

SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2001 for payment 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 report referred to in subsection 
(b) and a period of 30 days has elapsed after the date on which such 
committees receive the report, the Secretary may not use amounts 
appropriated pursuant to this title for any program--
            (1) in amounts that exceed, in a fiscal year--
                    (A) 110 percent of the amount authorized for that 
                program by this title; or
                    (B) $ 1,000,000 more than the amount authorized for 
                that program by this title; or
            (2) which has not been presented to, or requested of, 
        Congress.
    (b) Report.--(1) 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.
    (2) In the computation of the 30-day period under subsection (a), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (c) Limitations.--(1) In no event may the total amount of funds 
obligated pursuant to this title exceed the total amount authorized to 
be appropriated by this title.
    (2) Funds appropriated pursuant to this title may not be used for 
an item for which Congress has specifically denied funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

    (a) In General.--The Secretary of Energy may carry out any 
construction project under the general plant projects authorized by 
this title if the total estimated cost of the construction project does 
not exceed $5,000,000.
    (b) Report to Congress.--If, at any time during the construction of 
any general plant project authorized by this title, the estimated cost 
of the project is revised because of unforeseen cost variations and the 
revised cost of the project exceeds $5,000,000, the Secretary shall 
immediately furnish a report to the congressional defense committees 
explaining the reasons for the cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

    (a) In General.--(1) Except as provided in paragraph (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, authorized by 3101, 3102, or 3103, or which is in support of 
national security programs of the Department of Energy and was 
authorized by any previous Act, exceeds by more than 25 percent the 
higher of--
            (A) the amount authorized for the project; or
            (B) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to Congress.
    (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 committees.
    (3) In the computation of the 30-day period under paragraph (2), 
there is excluded any day on which either House of Congress is not in 
session because of an adjournment of more than 3 days to a day certain.
    (b) Exception.--Subsection (a) does not apply to a construction 
project with a current estimated cost of less than $5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

    (a) Transfer to Other Federal Agencies.--The Secretary of Energy 
may transfer funds authorized to be appropriated to the Department of 
Energy pursuant to this title to other Federal agencies for the 
performance of work for which the funds were authorized. Funds so 
transferred may be merged with and be available for the same purposes 
and for the same time period as the authorizations 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 Department of Energy pursuant to this title between 
any such authorizations. Amounts of authorizations so transferred 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 authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than 5 percent by a 
transfer under such paragraph.
    (c) Limitations.--The authority provided by this 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 Committees on Armed Services of the Senate and House of 
Representatives of any transfer of funds to or from authorizations 
under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement of Conceptual Design.--(1) 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) 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 estimated cost of 
        which is less than $5,000,000; or
            (B) for emergency planning, design, and construction 
        activities under section 3126.
    (b) Authority for Construction Design.--(1) Within the amounts 
authorized by this title, the Secretary of Energy may carry out 
construction design (including architectural and engineering services) 
in connection with any proposed construction project if the total 
estimated cost for such design does not exceed $600,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project exceeds $600,000, funds for 
that design must be specifically authorized by law.

SEC. 3126. 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 an authorization in this title, 
including funds authorized to be appropriated for advance planning and 
construction design under sections 3101, 3102, and 3103, to perform 
planning, design, and construction activities for any 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 any construction project until the 
Secretary has submitted to the congressional defense committees a 
report on the activities that the Secretary intends to carry out under 
this section and the circumstances making those activities necessary.
    (c) Specific Authority.--The requirement of section 3125(b)(2) does 
not apply to emergency planning, design, and construction activities 
conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE 
              DEPARTMENT OF ENERGY.

    Subject to the provisions of appropriation Acts and section 3121, 
amounts appropriated pursuant to this title for management and support 
activities and for general plant projects are available for use, when 
necessary, in connection with all national security programs of the 
Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

    (a) In General.--Except as provided in subsection (b), when so 
specified in an appropriations Act, amounts appropriated for operation 
and maintenance or for plant projects may remain available until 
expended.
    (b) Exception for Program Direction Funds.--Amounts appropriated 
for program direction pursuant to an authorization of appropriations in 
subtitle A shall remain available to be expended only until the end of 
fiscal year 2003.

SEC. 3129. 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 the office to another such program or project.
    (b) Limitations.--(1) Only one transfer may be made to or from any 
program or project under subsection (a) in a fiscal year.
    (2) The amount transferred to or from a program or project under 
subsection (a) may not exceed $5,000,000 in a fiscal year.
    (3) A transfer may not be carried out by a manager of a field 
office under subsection (a) unless the manager determines that the 
transfer is necessary to address a risk to health, safety, or the 
environment or to assure the most efficient use of defense 
environmental management funds at the field office.
    (4) Funds transferred pursuant to subsection (a) may not be used 
for an item for which Congress has 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 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 Energy, any of the 
        following:
                    (A) A program referred to or a project listed in 
                paragraphs (2) through (5) of section 3102(a).
                    (B) A program or project not described in 
                subparagraph (A) that is for environmental restoration 
                or waste management activities necessary for national 
                security programs of the Department, that is being 
                carried out by the office, and for which defense 
                environmental management funds have been authorized and 
                appropriated before the date of the enactment of this 
                Act.
            (2) The term ``defense environmental management funds'' 
        means funds appropriated to the Department of Energy pursuant 
        to an authorization for carrying out environmental restoration 
        and waste management activities necessary for national security 
        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--National Nuclear Security Administration

SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY 
              FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY.

    (a) Length of Term.--The term of office as Under Secretary for 
Nuclear Security of the Department of Energy of the person first 
appointed to that position shall be three years.
    (b) Exclusive Reasons for Removal.--The exclusive reasons for 
removal from office as Under Secretary for Nuclear Security of the 
person described in subsection (a) shall be inefficiency, neglect of 
duty, or malfeasance in office.
    (c) Position Described.--The position of Under Secretary for 
Nuclear Security of the Department of Energy referred to in this 
section is the position established by subsection (c) of section 202 of 
the Department of Energy Organization Act (42 U.S.C. 7132), as added by 
section 3202 of the National Nuclear Security Administration Act (title 
XXXII of Public Law 106-65; 113 Stat. 954)).

SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE 
              JOINT NUCLEAR WEAPONS COUNCIL.

    (a) Membership.--Section 179 of title 10, United States Code, is 
amended--
            (1) in subsection (a), by striking paragraph (3) and 
        inserting the following new paragraph (3):
            ``(3) The Under Secretary for Nuclear Security of the 
        Department of Energy.''; and
            (2) in subsection (b)(2), by striking ``the representative 
        designated under subsection (a)(3)'' and inserting ``the Under 
        Secretary for Nuclear Security of the Department of Energy''.
    (b) Conforming Amendment.--Section 3212 of the National Nuclear 
Security Administration Act (title XXXII of the Public Law 106-65; 50 
U.S.C. 2402) is amended by adding at the end the following new 
subsection:
    ``(e) Membership on Joint Nuclear Weapons Council.--The 
Administrator serves as a member of the Joint Nuclear Weapons Council 
under section 179 of title 10, United States Code.''.

SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY 
              ORGANIZATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Scope of Authority.--Subtitle A of the National Nuclear 
Security Administration Act (title XXXII of Public Law 106-65; 113 
Stat. 957; 50 U.S.C. 2401 et seq.) is amended by adding at the end the 
following new section:

``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY 
              ORGANIZATION OF ADMINISTRATION.

    ``Notwithstanding the authority granted by section 643 of the 
Department of Energy Organization Act (42 U.S.C. 7253) or any other 
provision of law, the Secretary of Energy may not establish, abolish, 
alter, consolidate, or discontinue any organizational unit or 
component, or transfer any function, of the Administration, except as 
authorized by subsection (b) or (c) of section 3291.''.
    (b) Conforming Amendments.--Section 643 of the Department of Energy 
Organization Act (42 U.S.C. 7253) is amended--
            (1) by striking ``The Secretary'' and inserting ``(a) 
        Subject to subsection (b), the Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) The authority of the Secretary to establish, abolish, alter, 
consolidate, or discontinue any organizational unit or component of the 
National Nuclear Security Administration is governed by the provisions 
of section 3219 of the National Nuclear Security Administration Act 
(title XXXII of Public Law 106-65).''.

SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT 
              SERVICE OR DUTIES INSIDE AND OUTSIDE NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION.

    Subtitle C of the National Nuclear Security Administration Act 
(title XXXII of Public Law 106-65; 50 U.S.C. 2441 et seq.) is amended 
by adding at the end the following new section:

``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT 
              SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.

    ``Except as otherwise expressly provided by statute, no funds 
authorized to be appropriated or otherwise made available for the 
Department of Energy for any fiscal year after fiscal year 2000 may be 
obligated or utilized to pay the basic pay of an officer or employee of 
the Department of Energy who--
            ``(1) serves concurrently in a position in the 
        Administration and a position outside the Administration; or
            ``(2) performs concurrently the duties of a position in the 
        Administration and the duties of a position outside the 
        Administration.''.

SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION.

    (a) Plan Required.--Not later than March 1, 2001, the Administrator 
of the National Nuclear Security Administration shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a plan for assigning roles and responsibilities to and among the 
headquarters and field organizational units of the National Nuclear 
Security Administration.
    (b) Plan Elements.--The plan shall include the following:
            (1) A general description of the organizational structure 
        of the administrative functions of the National Nuclear 
        Security Administration under the plan, including the 
        authorities and responsibilities to be vested in the units of 
        the headquarters, operations offices, and area offices of the 
        Administration.
            (2) A description of any downsizing, elimination, or 
        consolidation of units of the headquarters, operations offices, 
        and area offices of the Administration that may be necessary to 
        enhance the efficiency of the Administration.
            (3) A description of the modifications of staffing levels 
        of the headquarters, operations offices, and area offices of 
        the Administration, including any reductions in force, 
        employment of additional personnel, or realignments of 
        personnel, that are necessary to implement the plan.
            (4) A schedule for the implementation of the plan.
    (c) Included Facilities.--The plan shall address any administrative 
units in the National Nuclear Security Administration, including units 
in and under the following:
            (1) The Department of Energy Headquarters, Washington, 
        District of Columbia, metropolitan area.
            (2) The Albuquerque Operations Office, Albuquerque, New 
        Mexico.
            (3) The Nevada Operations Office, Las Vegas, Nevada.
            (4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
            (5) The Oakland Operations Office, Oakland, California.
            (6) The Savannah River Operations Office, Aiken, South 
        Carolina.
            (7) The Los Alamos Area Office, Los Alamos, New Mexico.
            (8) The Kirtland Area Office, Albuquerque, New Mexico.
            (9) The Amarillo Area Office, Amarillo, Texas.
            (10) The Kansas City Area Office, Kansas City, Missouri.

SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

    (a) Program Required.--(1) The Under Secretary for Nuclear Security 
of the Department of Energy shall submit to the congressional defense 
committees a future-years nuclear security program (including 
associated annexes) for fiscal year 2001 and the five succeeding fiscal 
years.
    (2) The program shall reflect the estimated expenditures and 
proposed appropriations included in the budget for fiscal year 2001 
that is submitted to Congress in 2000 under section 1105(a) of title 
31, United States Code.
    (b) Program Detail.--The level of detail of the program submitted 
under subsection (a) shall be equivalent to the level of detail in the 
Project Baseline Summary system of the Department of Energy, if 
practicable, but in no event below the following:
            (1) In the case of directed stockpile work, detail as 
        follows:
                    (A) Stockpile research and development.
                    (B) Stockpile maintenance.
                    (C) Stockpile evaluation.
                    (D) Dismantlement and disposal.
                    (E) Production support.
                    (F) Field engineering, training, and manuals.
            (2) In the case of campaigns, detail as follows:
                    (A) Primary certification.
                    (B) Dynamic materials properties.
                    (C) Advanced radiography.
                    (D) Secondary certification and nuclear system 
                margins.
                    (E) Enhanced surety.
                    (F) Weapons system engineering certification.
                    (G) Certification in hostile environments.
                    (H) Enhanced surveillance.
                    (I) Advanced design and production technologies.
                    (J) Inertial confinement fusion (ICF) ignition and 
                high yield.
                    (K) Defense computing and modeling.
                    (L) Pit manufacturing readiness.
                    (M) Secondary readiness.
                    (N) High explosive readiness.
                    (O) Nonnuclear readiness.
                    (P) Materials readiness.
                    (Q) Tritium readiness.
            (3) In the case of readiness in technical base and 
        facilities, detail as follows:
                    (A) Operation of facilities.
                    (B) Program readiness.
                    (C) Special projects.
                    (D) Materials recycle and recovery.
                    (E) Containers.
                    (F) Storage.
            (4) In the case of secure transportation assets, detail as 
        follows:
                    (A) Operation and maintenance.
                    (B) Program direction relating to transportation.
            (5) Program direction.
            (6) Construction (listed by project number).
            (7) In the case of safeguards and security, detail as 
        follows:
                    (A) Operation and maintenance.
                    (B) Construction.
    (c) Deadline for Submittal.--The future-years nuclear security 
program required by subsection (a) shall be submitted not later than 
November 1, 2000.
    (d) Limitation on Use of Funds Pending Submittal.--Not more than 65 
percent of the funds authorized to be appropriated or otherwise made 
available for the Department of Energy for fiscal year 2001 by section 
3101(a)(1)(C) may be obligated or expended until 45 days after the date 
on which the Under Secretary of Energy for Nuclear Security submits to 
the congressional defense committees the program required by subsection 
(a).

SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT OF THE NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION.

    (a) Objective for Obligation of Funds.--It shall be an objective of 
the Administrator of the National Nuclear Security Administration to 
obligate funds for cooperative research and development agreements (as 
that term is defined in section 12(d)(1) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or similar 
cooperative, cost-shared research partnerships with non-Federal 
organizations, in a fiscal year covered by subsection (b) in an amount 
at least equal to the percentage of the total amount appropriated for 
the Administration for such fiscal year that is specified for such 
fiscal year under subsection (b).
    (b) Fiscal Year Percentages.--The percentages of funds appropriated 
for the National Nuclear Security Administration that are obligated in 
accordance with the objective under subsection (a) are as follows:
            (1) In each of fiscal years 2001 and 2002, 0.5 percent.
            (2) In any fiscal year after fiscal year 2002, the 
        percentage recommended by the Administrator for each such 
        fiscal year in the report under subsection (c).
    (c) Recommendations for Percentages in Later Fiscal Years.--Not 
later than one year after the date of the enactment of this Act, the 
Administrator shall submit to the congressional defense committees a 
report setting forth the Administrator's recommendations for 
appropriate percentages of funds appropriated for the National Nuclear 
Security Administration to be obligated for agreements described in 
subsection (a) during each fiscal year covered by the report.
    (d) Consistency of Agreements.--Any agreement entered into under 
this section shall be consistent with and in support of the mission of 
the National Nuclear Security Administration.
    (e) Reports on Achievement of Objective.--(1) Not later than March 
30, 2002, and each year thereafter, the Administrator shall submit to 
the congressional defense committees a report on whether funds of the 
National Nuclear Security Administration were obligated in the fiscal 
year ending in the preceding year in accordance with the objective for 
such fiscal year under this section.
    (2) If funds were not obligated in a fiscal year in accordance with 
the objective under this section for such fiscal year, the report under 
paragraph (1) shall--
            (A) describe the actions the Administrator proposes to take 
        to ensure that the objective under this section for the current 
        fiscal year and future fiscal years will be met; and
            (B) include any recommendations for legislation required to 
        achieve such actions.

SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION 
              OPERATIONS OFFICE COMPLEX.

    (a) Authority for Design and Construction.--Subject to subsection 
(b), the Administrator of the National Nuclear Security Administration 
may provide for the design and construction of a new operations office 
complex for the National Nuclear Security Administration in accordance 
with the feasibility study regarding such operations office complex 
conducted under the National Defense Authorization Act for Fiscal Year 
2000.
    (b) Limitation.--The Administrator may not exercise the authority 
in subsection (a) until the later of--
            (1) 30 days after the date on which the plan required by 
        section 3135(a) is submitted to the Committees on Armed 
        Services of the Senate and House of Representatives under that 
        section; or
            (2) the date on which the Administrator certifies to 
        Congress that the design and construction of the complex in 
        accordance with the feasibility study is consistent with the 
        plan required by section 3135(a).
    (c) Basis of Authority.--The design and construction of the 
operations office complex authorized by subsection (a) shall be carried 
out through one or more energy savings performance contracts (ESPC) 
entered into under this section and in accordance with the provisions 
of title VIII of the National Energy Policy Conservation Act (42 U.S.C. 
8287 et seq.).
    (d) Payment of Costs.--Amounts for payments of costs associated 
with the construction of the operations office complex authorized by 
subsection (a) shall be derived from energy savings and ancillary 
operation and maintenance savings that result from the replacement of a 
current Department of Energy operations office complex (as identified 
in the feasibility study referred to in subsection (a)) with the 
operations office complex authorized by subsection (a).

   Subtitle D--Program Authorizations, Restrictions, and Limitations

SEC. 3151. PROCESSING, TREATMENT, AND DISPOSITION OF LEGACY NUCLEAR 
              MATERIALS.

    (a) Continuation.--The Secretary of Energy shall continue 
operations and maintain a high state of readiness at the F-canyon and 
H-canyon facilities at the Savannah River Site, Aiken, South Carolina, 
and shall provide technical staff necessary to operate and so maintain 
such facilities.
    (b) Limitation on Use of Funds for Decommissioning of F-Canyon 
Facility.--No amounts authorized to be appropriated or otherwise made 
available for the Department of Energy by this Act or any other Act may 
be obligated or expended for purposes of commencing the decommissioning 
of the F-canyon facility at the Savannah River Site, including any 
studies and planning relating to such decommissioning, until the 
Secretary and the Defense Nuclear Facilities Safety Board jointly 
submit to the congressional defense committees a certification as 
follows:
            (1) That all materials present in the facility as of the 
        date of the certification are safely stabilized.
            (2) That requirements applicable to the facility in order 
        to meet the future needs of the United States for fissile 
        materials disposition can be met fully utilizing the H-canyon 
        facility at the Savannah River Site.
    (c) Plan for Transfer of Long-Term Chemical Separation 
Activities.--Not later than February 15, 2001, the Secretary shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a plan for the transfer of all long-term chemical 
separation activities from the F-canyon facility to the H-canyon 
facility at the Savannah River Site commencing in fiscal year 2002.

SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.

    (a) Contingent Limitation on Availability of Funds for Certain 
Travel Expenses.--Subject to the provisions of this section, no funds 
authorized to be appropriated or otherwise made available for the 
Department of Energy by this or any other Act may be obligated or 
expended for travel by the Secretary of Energy or any employees of the 
Office of the Secretary of Energy.
    (b) Applicability.--The prohibition in subsection (a) shall take 
effect on March 1, 2001, unless the Secretary of Energy makes a 
certification to the congressional defense committees before that date 
that the Department of Energy is in compliance with the requirements of 
section 3131 of the National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 2701 note).
    (c) Termination.--If the prohibition in subsection (a) takes effect 
under subsection (b), the prohibition shall remain in effect until the 
date on which the Secretary makes the certification described in 
subsection (b).

SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR NONPROLIFERATION 
              PROGRAMS.

    (a) Nuclear Materials Protection, Control, and Accounting 
Program.--(1) Not later than January 1, 2001, and each year thereafter, 
the Secretary of Energy shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
status of efforts during the preceding fiscal year under the Nuclear 
Materials Protection, Control, and Accounting Program of the Department 
of Energy to secure weapons-usable nuclear materials in Russia that 
have been identified as being at risk for theft or diversion.
    (2) Each report under paragraph (1) shall set forth the following:
            (A) The number of buildings, including building locations, 
        that received complete and integrated materials protection, 
        control, and accounting systems for nuclear materials described 
        in paragraph (1) during the year covered by such report.
            (B) The amounts of highly enriched uranium and plutonium in 
        Russia that have been secured under systems described in 
        subparagraph (A) as of the date of such report.
            (C) The amount of nuclear materials described in paragraph 
        (1) that continues to require securing under systems described 
        in subparagraph (A) as of the date of such report.
            (D) A plan for actions to secure the nuclear materials 
        identified in subparagraph (C) under systems described in 
        subparagraph (A), including an estimate of the cost of such 
        actions.
            (E) The amounts expended through the fiscal year preceding 
        the date of such report to secure nuclear materials described 
        in paragraph (1) under systems described in subparagraph (A), 
        set forth by total amount and by amount per fiscal year.
    (3)(A) No amounts authorized to be appropriated for the Department 
of Energy by this Act or any other Act for purposes of the Nuclear 
Materials Protection, Control, and Accounting Program may be obligated 
or expended after September 30, 2000, for any project under the program 
at a nuclear weapons complex in Russia until the Secretary submits to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the access policy established with respect 
to such project, including a certification that the access policy has 
been implemented.
    (B) The access policy with respect to a project under this 
paragraph shall--
            (i) permit appropriate determinations by United States 
        officials regarding security requirements, including security 
        upgrades, for the project; and
            (ii) ensure verification by United States officials that 
        Department of Energy assistance at the project is being used 
        for the purposes intended.
    (b) Nuclear Cities Initiative.--(1)(A) Except as provided in 
subparagraph (B), no amounts authorized to be appropriated or otherwise 
made available for the Department of Energy for fiscal year 2001 for 
the Nuclear Cities Initiative may be obligated or expended for purposes 
of providing assistance under the Initiative until 30 days after the 
date on which the Secretary of Energy submits to the Committees on 
Armed Services of the Senate and House of Representatives a copy of an 
agreement described in subparagraph (C).
    (B) Subparagraph (A) shall not apply with respect to the obligation 
or expenditure of funds for purposes of providing assistance under the 
Nuclear Cities Initiative to the following:
            (i) Not more than three nuclear cities in Russia.
            (ii) Not more than two serial production facilities in 
        Russia.
    (C) An agreement referred to in this subparagraph is a written 
agreement between the United States Government and the Government of 
the Russian Federation which provides that Russia will close some of 
its facilities engaged in nuclear weapons assembly and disassembly 
work.
    (2)(A) Of the amounts appropriated or otherwise made available for 
the Department of Energy for fiscal year 2001 for the Nuclear Cities 
Initiative, not more than 50 percent of such amounts may be obligated 
or expended for purposes of the Initiative until the Secretary of 
Energy establishes and implements project review procedures for 
projects under the Initiative.
    (B) The project review procedures established under subparagraph 
(A) shall ensure that any scientific, technical, or commercial project 
initiated under the Nuclear Cities Initiative--
            (i) shall not enhance the military or weapons of mass 
        destruction capabilities of Russia;
            (ii) shall not result in the inadvertent transfer or 
        utilization of products or activities under such project for 
        military purposes;
            (iii) shall be commercially viable; and
            (iv) shall be carried out in conjunction with an 
        appropriate commercial, industrial, or other nonprofit entity 
        as partner.
    (C) Not later than January 1, 2001, the Secretary of Energy shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the project review procedures established 
and implemented under this paragraph.
    (3) In this subsection, the term ``Nuclear Cities Initiative'' 
means the initiative arising pursuant to the March 1998 discussion 
between the Vice President of the United States and the Prime Minister 
of the Russian Federation and between the Secretary of Energy of the 
United States and the Minister of Atomic Energy of the Russian 
Federation.
    (c) International Nuclear Security Program.--Amounts authorized to 
be appropriated or otherwise made available by this title for the 
Department of Energy for fiscal year 2001 for the International Nuclear 
Security Program in the former Soviet Union and Eastern Europe shall be 
available only for purposes of reactor safety upgrades and training 
relating to nuclear operator and reactor safety.

SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

    (a) Covered Persons.--Subsection (b) of section 3154 of the 
Department of Energy Facilities Safeguards, Security, and 
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI 
of Public Law 106-65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to 
read as follows:
    ``(b) Covered Persons.--(1) Subject to paragraph (2), for purposes 
of this section, a covered person is one of the following:
            ``(A) An officer or employee of the Department.
            ``(B) An expert or consultant under contract to the 
        Department.
            ``(C) An officer or employee of a contractor of the 
        Department.
            ``(D) An individual assigned or detailed to the Department.
            ``(E) An applicant for a position in the Department.
    ``(2) A person described in paragraph (1) is a covered person for 
purposes of this section only if the position of the person, or for 
which the person is applying, under that paragraph is a position in one 
of the categories of positions listed in section 709.4 of title 10, 
Code of Federal Regulations.''.
    (b) High-Risk Programs.--Subsection (c) of that section is amended 
to read as follows:
    ``(c) High-Risk Programs.--For purposes of this section, high-risk 
programs are the following:
            ``(1) The programs known as Special Access Programs and 
        Personnel Security and Assurance Programs.
            ``(2) Any other program or position category specified in 
        section 709.4 of title 10, Code of Federal Regulations.''.
    (c) Authority To Waive Examination Requirement.--Subsection (d) of 
that section is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) Subject to paragraph (3), the Secretary may, after 
consultation with appropriate security personnel, waive the 
applicability of paragraph (1) to a covered person--
            ``(A) if--
                    ``(i) the Secretary determines that the waiver is 
                important to the national security interests of the 
                United States;
                    ``(ii) the covered person has an active security 
                clearance; and
                    ``(iii) the covered person acknowledges in a signed 
                writing that the capacity of the covered person to 
                perform duties under a high-risk program after the 
                expiration of the waiver is conditional upon meeting 
                the requirements of paragraph (1) within the effective 
                period of the waiver;
            ``(B) if another Federal agency certifies to the Secretary 
        that the covered person has completed successfully a full-scope 
        or counterintelligence-scope polygraph examination during the 
        5-year period ending on the date of the certification; or
            ``(C) if the Secretary determines, after consultation with 
        the covered person and appropriate medical personnel, that the 
        treatment of a medical or psychological condition of the 
        covered person should preclude the administration of the 
        examination.
    ``(3)(A) The Secretary may not commence the exercise of the 
authority under paragraph (2) to waive the applicability of paragraph 
(1) to any covered persons until 15 days after the date on which the 
Secretary submits to the appropriate committees of Congress a report 
setting forth the criteria to be utilized by the Secretary for 
determining when a waiver under paragraph (2)(A) is important to the 
national security interests of the United States. The criteria shall 
include an assessment of counterintelligence risks and programmatic 
impacts.
    ``(B) Any waiver under paragraph (2)(A) shall be effective for not 
more than 120 days.
    ``(C) Any waiver under paragraph (2)(C) shall be effective for the 
duration of the treatment on which such waiver is based.
    ``(4) The Secretary shall submit to the appropriate committees of 
Congress on a semi-annual basis a report on any determinations made 
under paragraph (2)(A) during the 6-month period ending on the date of 
such report. The report shall include a national security justification 
for each waiver resulting from such determinations.
    ``(5) In this subsection, the term `appropriate committees of 
Congress' means the following:
            ``(A) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
            ``(B) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
    ``(6) It is the sense of Congress that the waiver authority in 
paragraph (2) not be used by the Secretary to exempt from the 
applicability of paragraph (1) any covered persons in the highest risk 
categories, such as persons who have access to the most sensitive 
weapons design information and other highly sensitive programs, 
including special access programs.
    ``(7) The authority under paragraph (2) to waive the applicability 
of paragraph (1) to a covered person shall expire on September 30, 
2002.''.
    (d) Scope of Counterintelligence Polygraph Examination.--Subsection 
(f) of that section is amended--
            (1) by inserting ``terrorism,'' after ``sabotage,''; and
            (2) by inserting ``deliberate damage to or malicious misuse 
        of a United States Government information or defense system,'' 
        before ``and''.

SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT 
              FACILITIES.

    (a) Authority To Provide Incentives.--Notwithstanding any other 
provision of law, the Secretary of Energy may provide to any eligible 
employee of the Department of Energy one or more of the incentives 
described in subsection (d).
    (b) Eligible Employees.--An individual is an eligible 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 two 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 performance 
        rating during the most recent performance period and is not 
        subject to an adverse notice regarding conduct; and
            (4) meets any other requirement or condition under 
        subsection (d) for the incentive which is provided the employee 
        under this section.
    (c) Closure Facility Defined.--For purposes of this section, the 
term ``closure facility'' means a Department 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:
            (1) The right to accumulate annual leave provided 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 Government 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 section 5754(a) of that title, except that 
        the retention allowance may exceed 25 percent, but may not be 
        more than 40 percent, of the employee's rate of basic pay.
            (3) A detail under section 3341 of title 5, United States 
        Code.
            (4) The right to receive a voluntary separation incentive 
        payment in the amount equal to the amount the employee would be 
        entitled to receive under section 5595(c) of title 5, United 
        States Code, subject to the terms, conditions, and procedures 
        set forth in section 663 of the Treasury, Postal Service, and 
        General Government Appropriations Act, 1997 (5 U.S.C. 5597 
        note), except that the date in section 663(c)(2)(D) of that Act 
        does not apply.
    (e) Agreement.--(1) An eligible employee of the Department of 
Energy provided an incentive under this section shall enter into an 
agreement with the Secretary to remain employed at the closure facility 
at which the employee is employed as of the date of the agreement until 
a specific date or for a specific period of time.
    (2) The detail of an employee under subsection (d)(3) shall not be 
treated as terminating the employment of the employee at a closure 
facility for purposes of an agreement under paragraph (1).
    (f) Violation of Agreement.--(1) Except as provided under paragraph 
(3), an eligible employee of the Department of Energy who violates an 
agreement under subsection (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 eligible employee of 
the Department of Energy who is paid a retention allowance under 
subsection (d)(2), receives a voluntary separation incentive payment 
under subsection (d)(4), or both, and who violates an agreement under 
subsection (e), or is dismissed for cause, before the end of the period 
or date of employment 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 employee as the unserved part of 
such employment bears to the total period of employment agreed upon 
under such agreement.
    (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 report on a 
closure project under section 3143(h) of the National 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) Expiration of Authority.--The authority to provide incentives 
under this section shall expire on September 23, 2011.
    (i) Details.--(1) Section 3341 of title 5, United States Code, is 
amended to read as follows:
``Sec. 3341. Details: within and among Executive agencies; to non-
              Federal employers
    ``(a) The head of an Executive agency may detail employees among 
the components of the agency, except employees who are required by law 
to be engaged exclusively in some specific work.
    ``(b) The head of an Executive agency may detail to duties in the 
Executive agency or another Executive agency or to a non-Federal 
employer, on a nonreimbursable basis, an employee who has been 
identified by the Executive agency as being, or likely to become, a 
surplus employee or displaced employee.
    ``(c) For purposes of this section:
            ``(1) The term `Executive agency' has the meaning given 
        that term by section 105, but does not include a Government 
        corporation or the General Accounting Office.
            ``(2) The term `displaced employee' means an employee who 
        has been given specific notice that the employee is to be 
        separated due to a reduction in force.
            ``(3) The term `surplus employee' means an employee who has 
        been identified by the employing agency as likely to be 
        separated due to a reduction in force.
            ``(4) The term `non-Federal employer' means an employer 
        other than an Executive agency or any agency in the legislative 
        or judicial branch (including Congress or any United States 
        court).''.
    (2) The table of sections at the beginning of chapter 33 of such 
title is amended by striking the item relating to section 3341 and 
inserting the following new item:

``3341. Details: within and among Executive agencies; to non-Federal 
                            employers.''.
    (i) Health Coverage.--Section 8905a(d)(4) of title 5, United States 
Code, is amended by adding after subparagraph (B) the following new 
subparagraph (C):
    ``(C) Notwithstanding subparagraph (B), if the basis for continued 
coverage under this section is a voluntary or involuntary separation 
from the Department of Energy by reason of a closure project under 
section 3143 of the National Defense Authorization Act for Fiscal Year 
1997 (42 U.S.C. 7274n)--
            ``(i) the individual shall be liable for not more than the 
        employee contributions referred to in paragraph (1)(A)(i); and
            ``(ii) the Department of Energy shall pay the remaining 
        portion of the amount required is under paragraph (1)(A).''.

SEC. 3156. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES LABORATORY AT 
              IDAHO NATIONAL ENGINEERING AND ENVIRONMENTAL LABORATORY, 
              IDAHO FALLS, IDAHO.

    (a) Authorization.--Of the amounts authorized to be appropriated by 
paragraphs (2) and (3) of section 3102(a), not more than $400,000 shall 
be available to the Secretary of Energy for purposes of carrying out a 
conceptual design for a Subsurface Geosciences Laboratory at Idaho 
National Engineering and Environmental Laboratory, Idaho Falls, Idaho.
    (b) Limitation.--None of the funds authorized to be appropriated by 
subsection (a) may be obligated until 60 days after the Secretary 
submits the report required by subsection (c).
    (c) Report.--The Secretary of Energy shall submit to the 
congressional defense committees a report on the proposed Subsurface 
Geosciences Laboratory, including the following:
            (1) The need to conduct mesoscale experiments to meet long-
        term clean-up requirements at Department of Energy sites.
            (2) The possibility of utilizing or modifying an existing 
        structure or facility to house a new mesoscale experimental 
        capability.
            (3) The estimated construction cost of the facility.
            (4) The estimated annual operating cost of the facility.
            (5) How the facility will utilize, integrate, and support 
        the technical expertise, capabilities, and requirements at 
        other Department of Energy and non-Department of Energy 
        facilities.
            (6) An analysis of costs, savings, and benefits which are 
        unique to the Idaho National Engineering and Environmental 
        Laboratory.

SEC. 3157. TANK WASTE REMEDIATION SYSTEM, HANFORD RESERVATION, 
              RICHLAND, WASHINGTON.

    (a) Funds Available.--Of the amount authorized to be appropriated 
by section 3102, $150,000,000 shall be available to carry out an 
accelerated cleanup and waste management program at the Department of 
Energy Hanford Site in Richland, Washington.
    (b) Report.--Not later than December 15, 2000, the Secretary of 
Energy shall submit to Congress a report on the Tank Waste Remediation 
System Project at the Hanford Site. The report shall include the 
following:
            (1) A proposed plan for processing and stabilizing all 
        nuclear waste located in the Hanford Tank Farm.
            (2) A proposed schedule for carrying out the plan.
            (3) The total estimated cost of carrying out the plan.
            (4) A description of any alternative options to the 
        proposed plan and a description of the costs and benefits of 
        each such option.

SEC. 3158. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE LIVERMORE 
              NATIONAL LABORATORY, LIVERMORE, CALIFORNIA.

    (a) New Baseline.--(1) Not more than 50 percent of the funds 
available for the national ignition facility (Project 96-D-111) may be 
obligated or expended until the Secretary of Energy submits to the 
Committees on Armed Services of the Senate and House of Representatives 
a report setting forth a new baseline plan for the completion of the 
national ignition facility.
    (2) The report shall include a detailed, year-by-year breakdown of 
the funding required for completion of the facility, as well as 
projected dates for the completion of program milestones, including the 
date on which the first laser beams are expected to become operational.
    (b) Comptroller General Review of NIF Program.--(1) The Comptroller 
General shall conduct a thorough review of the national ignition 
facility program.
    (2) Not later than March 31, 2001, the Comptroller General shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the review conducted under paragraph (1). 
The report shall include--
            (A) an analysis of--
                    (i) the relationship of the national ignition 
                facility program to other key components of the 
                Stockpile Stewardship Program; and
                    (ii) the potential impact of delays in the national 
                ignition facility program, and of a failure to complete 
                key program objectives of the program, on the other key 
                components of the Stockpile Stewardship Program, such 
                as the Advanced Strategic Computing Initiative Program;
            (B) a detailed description and analysis of the funds spent 
        as of the date of the report on the national ignition facility 
        program; and
            (C) an assessment whether Lawrence Livermore National 
        Laboratory has established a new baseline plan for the national 
        ignition facility program with clear goals and achievable 
        milestones for that program.

     Subtitle E--National Laboratories Partnership Improvement Act

SEC. 3161. SHORT TITLE.

    This subtitle may be cited as the ``National Laboratories 
Partnership Improvement Act of 2000''.

SEC. 3162. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``Department'' means the Department of Energy;
            (2) the term ``departmental mission'' means any of the 
        functions vested in the Secretary of Energy by the Department 
        of Energy Organization Act (42 U.S.C. 7101 et seq.) or other 
        law;
            (3) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a));
            (4) the term ``National Laboratory'' means any of the 
        following institutions owned by the Department of Energy--
                    (A) Argonne National Laboratory;
                    (B) Brookhaven National Laboratory;
                    (C) Idaho National Engineering and Environmental 
                Laboratory;
                    (D) Lawrence Berkeley National Laboratory;
                    (E) Lawrence Livermore National Laboratory;
                    (F) Los Alamos National Laboratory;
                    (G) National Renewable Energy Laboratory;
                    (H) Oak Ridge National Laboratory;
                    (I) Pacific Northwest National Laboratory; or
                    (J) Sandia National Laboratory;
            (5) the term ``facility'' means any of the following 
        institutions owned by the Department of Energy--
                    (A) Ames Laboratory;
                    (B) East Tennessee Technology Park;
                    (C) Environmental Measurement Laboratory;
                    (D) Fermi National Accelerator Laboratory;
                    (E) Kansas City Plant;
                    (F) National Energy Technology Laboratory;
                    (G) Nevada Test Site;
                    (H) Princeton Plasma Physics Laboratory;
                    (I) Savannah River Technology Center;
                    (J) Stanford Linear Accelerator Center;
                    (K) Thomas Jefferson National Accelerator Facility;
                    (L) Waste Isolation Pilot Plant;
                    (M) Y-12 facility at Oak Ridge National Laboratory; 
                or
                    (N) other similar organization of the Department 
                designated by the Secretary that engages in technology 
                transfer, partnering, or licensing activities;
            (6) the term ``nonprofit institution'' has the meaning 
        given such term in section 4 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3703(5));
            (7) the term ``Secretary'' means the Secretary of Energy;
            (8) the term ``small business concern'' has the meaning 
        given such term in section 3 of the Small Business Act (15 
        U.S.C. 632);
            (9) the term ``technology-related business concern'' means 
        a for-profit corporation, company, association, firm, 
        partnership, or small business concern that--
                    (A) conducts scientific or engineering research,
                    (B) develops new technologies,
                    (C) manufactures products based on new 
                technologies, or
                    (D) performs technological services;
            (10) the term ``technology cluster'' means a concentration 
        of--
                    (A) technology-related business concerns;
                    (B) institutions of higher education; or
                    (C) other nonprofit institutions;
        that reinforce each other's performance through formal or 
        informal relationships;
            (11) the term ``socially and economically disadvantaged 
        small business concerns'' has the meaning given such term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4)); and
            (12) the term ``NNSA'' means the National Nuclear Security 
        Administration established by title XXXII of the National 
        Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
        65).

SEC. 3163. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.

    (a) Establishment.--The Secretary, through the appropriate 
officials of the Department, shall establish a Technology 
Infrastructure Pilot Program in accordance with this section.
    (b) Purpose.--The purpose of the program shall be to improve the 
ability of National Laboratories or facilities to support departmental 
missions by--
            (1) stimulating the development of technology clusters that 
        can support the missions of the National Laboratories or 
        facilities;
            (2) improving the ability of National Laboratories or 
        facilities to leverage and benefit from commercial research, 
        technology, products, processes, and services; and
            (3) encouraging the exchange of scientific and 
        technological expertise between National Laboratories or 
        facilities and--
                    (A) institutions of higher education,
                    (B) technology-related business concerns,
                    (C) nonprofit institutions, and
                    (D) agencies of State, tribal, or local 
                governments;
        that can support the missions of the National Laboratories and 
        facilities.
    (c) Pilot Program.--In each of the first three fiscal years after 
the date of enactment of this section, the Secretary may provide no 
more than $10,000,000, divided equally, among no more than 10 National 
Laboratories or facilities selected by the Secretary to conduct 
Technology Infrastructure Program Pilot Programs.
    (d) Projects.--The Secretary shall authorize the Director of each 
National Laboratory or facility designated under subsection (c) to 
implement the Technology Infrastructure Pilot Program at such National 
Laboratory or facility through projects that meet the requirements of 
subsections (e) and (f).
    (e) Program Requirements.--Each project funded under this section 
shall meet the following requirements:
            (1) Minimum participants.--Each project shall at a minimum 
        include--
                    (A) a National Laboratory or facility; and
                    (B) one of the following entities--
                            (i) a business,
                            (ii) an institution of higher education,
                            (iii) a nonprofit institution, or
                            (iv) an agency of a State, local, or tribal 
                        government.
            (2) Cost sharing.--
                    (A) Minimum amount.--Not less than 50 percent of 
                the costs of each project funded under this section 
                shall be provided from non-Federal sources.
                    (B) Qualified funding and resources.--(i) The 
                calculation of costs paid by the non-Federal sources to 
                a project shall include cash, personnel, services, 
                equipment, and other resources expended on the project.
                    (ii) Independent research and development expenses 
                of Government contractors that qualify for 
                reimbursement under section 31-205-18(e) of the Federal 
                Acquisition Regulations issued pursuant to section 
                25(c)(1) of the Office of Federal Procurement Policy 
                Act (41 U.S.C. 421(c)(1)) may be credited towards costs 
                paid by non-Federal sources to a project, if the 
                expenses meet the other requirements of this section.
                    (iii) No funds or other resources expended either 
                before the start of a project under this section or 
                outside the project's scope of work shall be credited 
                toward the costs paid by the non-Federal sources to the 
                project.
            (3) Competitive selection.--All projects where a party 
        other than the Department or a National Laboratory or facility 
        receives funding under this section shall, to the extent 
        practicable, be competitively selected by the National 
        Laboratory or facility using procedures determined to be 
        appropriate by the Secretary or his designee.
            (4) Accounting standards.--Any participant receiving 
        funding under this section, other than a National Laboratory or 
        facility, may use generally accepted accounting principles for 
        maintaining accounts, books, and records relating to the 
        project.
            (5) Limitations.--No Federal funds shall be made available 
        under this section for--
                    (A) construction; or
                    (B) any project for more than five years.
    (f) Selection Criteria.--
            (1) Threshold funding criteria.--The Secretary shall 
        authorize the provision of Federal funds for projects under 
        this section only when the Director of the National Laboratory 
        or facility managing such a project determines that the project 
        is likely to improve the participating National Laboratory or 
        facility's ability to achieve technical success in meeting 
        departmental missions.
            (2) Additional criteria.--The Secretary shall also require 
        the Director of the National Laboratory or facility managing a 
        project under this section to consider the following criteria 
        in selecting a project to receive Federal funds--
                    (A) the potential of the project to succeed, based 
                on its technical merit, team members, management 
                approach, resources, and project plan;
                    (B) the potential of the project to promote the 
                development of a commercially sustainable technology 
                cluster, one that will derive most of the demand for 
                its products or services from the private sector, that 
                can support the missions of the participating National 
                Laboratory or facility;
                    (C) the potential of the project to promote the use 
                of commercial research, technology, products, 
                processes, and services by the participating National 
                Laboratory or facility to achieve its departmental 
                mission or the commercial development of technological 
                innovations made at the participating National 
                Laboratory or facility;
                    (D) the commitment shown by non-Federal 
                organizations to the project, based primarily on the 
                nature and amount of the financial and other resources 
                they will risk on the project;
                    (E) the extent to which the project involves a wide 
                variety and number of institutions of higher education, 
                nonprofit institutions, and technology-related business 
                concerns that can support the missions of the 
                participating National Laboratory or facility and that 
                will make substantive contributions to achieving the 
                goals of the project;
                    (F) the extent of participation in the project by 
                agencies of State, tribal, or local governments that 
                will make substantive contributions to achieving the 
                goals of the project; and
                    (G) the extent to which the project focuses on 
                promoting the development of technology-related 
                business concerns that are small business concerns or 
                involves such small business concerns substantively in 
                the project.
            (3) Savings clause.--Nothing in this subsection shall limit 
        the Secretary from requiring the consideration of other 
        criteria, as appropriate, in determining whether projects 
        should be funded under this section.
    (g) Report to Congress on Full Implementation.--Not later than 120 
days after the start of the third fiscal year after the date of 
enactment of this section, the Secretary shall report to Congress on 
whether the Technology Infrastructure Program should be continued 
beyond the pilot stage, and, if so, how the fully implemented program 
should be managed. This report shall take into consideration the 
results of the pilot program to date and the views of the relevant 
Directors of the National laboratories and facilities. The report shall 
include any proposals for legislation considered necessary by the 
Secretary to fully implement the program.

SEC. 3164. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    (a) Advocacy Function.--The Secretary shall direct the Director of 
each National Laboratory, and may direct the Director of each facility 
the Secretary determines to be appropriate, to establish a small 
business advocacy function that is organizationally independent of the 
procurement function at the National Laboratory or facility. The person 
or office vested with the small business advocacy function shall--
            (1) work to increase the participation of small business 
        concerns, including socially and economically disadvantaged 
        small business concerns, in procurements, collaborative 
        research, technology licensing, and technology transfer 
        activities conducted by the National Laboratory or facility;
            (2) report to the Director of the National Laboratory or 
        facility on the actual participation of small business concerns 
        in procurements and collaborative research along with 
        recommendations, if appropriate, on how to improve 
        participation;
            (3) make available to small business concerns training, 
        mentoring, and clear, up-to-date information on how to 
        participate in the procurements and collaborative research, 
        including how to submit effective proposals;
            (4) increase the awareness inside the National Laboratory 
        or facility of the capabilities and opportunities presented by 
        small business concerns; and
            (5) establish guidelines for the program under subsection 
        (b) and report on the effectiveness of such program to the 
        Director of the National Laboratory or facility.
    (b) Establishment of Small Business Assistance Program.--The 
Secretary shall direct the Director of each National Laboratory, and 
may direct the Director of each facility the Secretary determines to be 
appropriate, to establish a program to provide small business 
concerns--
            (1) assistance directed at making them more effective and 
        efficient subcontractors or suppliers to the National 
        Laboratory or facility; or
            (2) general technical assistance, the cost of which shall 
        not exceed $10,000 per instance of assistance, to improve the 
        small business concern's products or services.
    (c) Use of Funds.--None of the funds expended under subsection (b) 
may be used for direct grants to the small business concerns.

SEC. 3165. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

    (a) Appointment of Ombudsman.--The Secretary shall direct the 
Director of each National Laboratory, and may direct the Director of 
each facility the Secretary determines to be appropriate, to appoint a 
technology partnership ombudsman to hear and help resolve complaints 
from outside organizations regarding each laboratory's policies and 
actions with respect to technology partnerships (including cooperative 
research and development agreements), patents, and technology 
licensing. Each ombudsman shall--
            (1) be a senior official of the National Laboratory or 
        facility who is not involved in day-to-day technology 
        partnerships, patents, or technology licensing, or, if 
        appointed from outside the laboratory, function as such a 
        senior official; and
            (2) have direct access to the Director of the National 
        Laboratory or facility.
    (b) Duties.--Each ombudsman shall--
            (1) serve as the focal point for assisting the public and 
        industry in resolving complaints and disputes with the 
        laboratory regarding technology partnerships, patents, and 
        technology licensing;
            (2) promote the use of collaborative alternative dispute 
        resolution techniques such as mediation to facilitate the 
        speedy and low-cost resolution of complaints and disputes, when 
        appropriate; and
            (3) report, through the Director of the National Laboratory 
        or facility, to the Department annually on the number and 
        nature of complaints and disputes raised, along with the 
        ombudsman's assessment of their resolution, consistent with the 
        protection of confidential and sensitive information.
    (c) Dual Appointment.--A person vested with the small business 
advocacy function of section 3164 may also serve as the technology 
partnership ombudsman.

SEC. 3166. STUDIES RELATED TO IMPROVING MISSION EFFECTIVENESS, 
              PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT NATIONAL 
              LABORATORIES.

    (a) Studies.--The Secretary shall direct the Laboratory Operations 
Board to study and report to him, not later than one year after the 
date of enactment of this section, on the following topics--
            (1) the possible benefits from and need for policies and 
        procedures to facilitate the transfer of scientific, technical, 
        and professional personnel among National Laboratories and 
        facilities; and
            (2) the possible benefits from and need for changes in--
                    (A) the indemnification requirements for patents or 
                other intellectual property licensed from a National 
                Laboratory or facility;
                    (B) the royalty and fee schedules and types of 
                compensation that may be used for patents or other 
                intellectual property licensed to a small business 
                concern from a National Laboratory or facility;
                    (C) the licensing procedures and requirements for 
                patents and other intellectual property;
                    (D) the rights given to a small business concern 
                that has licensed a patent or other intellectual 
                property from a National Laboratory or facility to 
                bring suit against third parties infringing such 
                intellectual property;
                    (E) the advance funding requirements for a small 
                business concern funding a project at a National 
                Laboratory or facility through a Funds-In-Agreement;
                    (F) the intellectual property rights allocated to a 
                business when it is funding a project at a National 
                Laboratory or facility through a Funds-In-Agreement; 
                and
                    (G) policies on royalty payments to inventors 
                employed by a contractor-operated National Laboratory 
                or facility, including those for inventions made under 
                a Funds-In-Agreement.
    (b) Definition.--For the purposes of this section, the term 
``Funds-in-Agreement'' means a contract between the Department and a 
non-Federal organization where that organization pays the Department to 
provide a service or material not otherwise available in the domestic 
private sector.
    (c) Report to Congress.--Not later than one month after receiving 
the report under subsection (a), the Secretary shall transmit the 
report, along with his recommendations for action and proposals for 
legislation to implement the recommendations, to Congress.

SEC. 3167. OTHER TRANSACTIONS AUTHORITY.

    (a) New Authority.--Section 646 of the Department of Energy 
Organization Act (42 U.S.C. 7256) is amended by adding at the end the 
following new subsection:
    ``(g) Other Transactions Authority.--(1) In addition to other 
authorities granted to the Secretary to enter into procurement 
contracts, leases, cooperative agreements, grants, and other similar 
arrangements, the Secretary may enter into other transactions with 
public agencies, private organizations, or persons on such terms as the 
Secretary may deem appropriate in furtherance of basic, applied, and 
advanced research functions now or hereafter vested in the Secretary. 
Such other transactions shall not be subject to the provisions of 
section 9 of the Federal Nonnuclear Energy Research and Development Act 
of 1974 (42 U.S.C. 5908).
    ``(2)(A) The Secretary of Energy shall ensure that--
            ``(i) to the maximum extent practicable, no transaction 
        entered into under paragraph (1) provides for research that 
        duplicates research being conducted under existing programs 
        carried out by the Department of Energy; and
            ``(ii) to the extent that the Secretary determines 
        practicable, the funds provided by the Government under a 
        transaction authorized by paragraph (1) do not exceed the total 
        amount provided by other parties to the transaction.
    ``(B) A transaction authorized by paragraph (1) may be used for a 
research project when the use of a standard contract, grant, or 
cooperative agreement for such project is not feasible or appropriate.
    ``(3)(A) The Secretary shall not disclose any trade secret or 
commercial or financial information submitted by a non-Federal entity 
under paragraph (1) that is privileged and confidential.
    ``(B) The Secretary shall not disclose, for five years after the 
date the information is received, any other information submitted by a 
non-Federal entity under paragraph (1), including any proposal, 
proposal abstract, document supporting a proposal, business plan, or 
technical information that is privileged and confidential.
    ``(C) The Secretary may protect from disclosure, for up to five 
years, any information developed pursuant to a transaction under 
paragraph (1) that would be protected from disclosure under section 
552(b)(4) of title 5, United States Code, if obtained from a person 
other than a Federal agency.''.
    (b) Implementation.--Not later than six months after the date of 
enactment of this section, the Department shall establish guidelines 
for the use of other transactions. Other transactions shall be made 
available, if needed, in order to implement projects funded under 
section 3163.

SEC. 3168. CONFORMANCE WITH NNSA ORGANIZATIONAL STRUCTURE.

    All actions taken by the Secretary in carrying out this subtitle 
with respect to National Laboratories and facilities that are part of 
the NNSA shall be through the Administrator for Nuclear Security in 
accordance with the requirements of title XXXII of the National Defense 
Authorization Act for Fiscal Year 2000.

SEC. 3169. ARCTIC ENERGY.

    (a) Establishment.--There is hereby established within the 
Department of Energy an Office of Arctic Energy.
    (b) Purpose.--The purposes of the Office of Arctic Energy are--
            (1) to promote research, development and deployment of 
        electric power technology that is cost-effective and especially 
        well suited to meet the needs of rural and remote regions of 
        the United States, especially where permafrost is present or 
        located nearby; and
            (2) to promote research, development and deployment in such 
        regions of--
                    (A) enhanced oil recovery technology, including 
                heavy oil recovery, reinjection of carbon and extended 
                reach drilling technologies;
                    (B) gas-to-liquids technology and liquified natural 
                gas (including associated transportation systems);
                    (C) small hydroelectric facilities, river turbines 
                and tidal power;
                    (D) natural gas hydrates, coal bed methane, and 
                shallow bed natural gas; and
                    (E) alternative energy, including wind, geothermal, 
                and fuel cells.
    (c) Location.--The Secretary shall locate the Office of Arctic 
Energy at a university with special expertise and unique experience in 
the matters specified in paragraphs (1) and (2) of subsection (b).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out activities under this section $1,000,000 for 
the first fiscal year after the date of enactment of this section.

                       Subtitle F--Other Matters

SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
              SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

    Section 3161(c)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking 
``September 30, 2000'' and inserting ``September 30, 2002''.

SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READINESS POSTURES.

    Section 3152 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 623) is amended--
            (1) by inserting ``(a) Report.--'' before ``Not later than 
        February 15, 1996,''; and
            (2) by adding at the end the following:
    ``(b) Biennial Updates of Report.--(1) The Secretary shall submit 
to the congressional defense committees an update of the report 
required under (a) not later than February 15, 2001, and every two 
years thereafter.
    ``(2) Each update under paragraph (1) shall include, current as of 
the date of such update, the following:
            ``(A) A list and description of the workforce skills and 
        capabilities that are essential to carry out underground 
        nuclear tests at the Nevada Test Site.
            ``(B) A list and description of the infrastructure and 
        physical plant that are essential to carry out underground 
        nuclear tests at the Nevada Test Site.
            ``(C) A description of the readiness status of the skills 
        and capabilities described in subparagraph (A) and of the 
        infrastructure and physical plant described in subparagraph 
        (B).
    ``(3) Each update under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.''.

SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED 
              DATA AND FORMERLY RESTRICTED DATA.

    (a) Frequency of Reports.--Section 3161(f)(2) of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public Law 
105-261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as 
follows:
    ``(2) The Secretary of Energy shall, on a quarterly basis, notify 
the committees and Assistant to the President specified in subsection 
(d) of inadvertent releases described in paragraph (1) that are 
discovered after the date of the enactment of this Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to inadvertent releases of Restricted Data and Formerly 
Restricted Data that are discovered on or after that date.

SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY 
              OF THE NUCLEAR WEAPONS STOCKPILE.

    Any certification submitted to the President by the Secretary of 
Defense or the Secretary of Energy regarding confidence in the safety 
or reliability of a nuclear weapon type in the United States nuclear 
weapons stockpile shall be submitted in classified form only.

SEC. 3175. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR 
              WEAPONS PRODUCTION PLANTS.

    (a) Authority.--The Secretary of Energy may authorize the plant 
manager of a covered nuclear weapons production plant to engage in 
research, development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such plant in order to 
maintain and enhance such capabilities at such plant.
    (b) Funding.--Of the amount allocated by the Secretary to a covered 
nuclear weapons production plant each fiscal year from amounts 
available to the Department of Energy for such fiscal year for national 
security programs, not more than an amount equal to 2 percent of such 
amount may be used for activities authorized under subsection (a).
    (c) Covered Nuclear Weapons Production Plants.--For purposes of 
this section, the term ``covered nuclear weapons production plant'' 
means the following:
            (1) The Kansas City Plant, Kansas City, Missouri.
            (2) The Y-12 Plant, Oak Ridge, Tennessee.
            (3) The Pantex Plant, Amarillo, Texas.

SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR 
              GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.

    (a) Strategic Plans.--Subsection (a) of section 12 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is 
amended by striking ``joint work statement,'' and inserting ``joint 
work statement or, if permitted by the agency, in an agency-approved 
annual strategic plan,''.
    (b) Experimental Federal Waivers.--Subsection (b) of that section 
is amended by adding at the end the following new paragraph:
    ``(6)(A) In the case of a Department of Energy laboratory, a 
designated official of the Department of Energy may waive any license 
retained by the Government under paragraph (1)(A), (2), or (3)(D), in 
whole or in part and according to negotiated terms and conditions, if 
the designated official finds that the retention of the license by the 
Department of Energy would substantially inhibit the commercialization 
of an invention that would otherwise serve an important Federal 
mission.
    ``(B) The authority to grant a waiver under subparagraph (A) shall 
expire on the date that is 5 years after the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 2001.
    ``(C) The expiration under subparagraph (B) of authority to grant a 
waiver under subparagraph (A) shall not effect any waiver granted under 
subparagraph (A) before the expiration of such authority.''.
    (c) Time Required for Approval.--Subsection (c)(5) of that section 
is amended--
            (1) by striking subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (C); 
        and
            (3) in subparagraph (C), as so redesignated--
                    (A) in clause (i)--
                            (i) by striking ``with a small business 
                        firm''; and
                            (ii) by inserting ``if'' after 
                        ``statement''; and
                    (B) by adding at the end the following new clauses:
    ``(iv) Any agency that has contracted with a non-Federal entity to 
operate a laboratory may develop and provide to such laboratory one or 
more model cooperative research and development agreements for purposes 
of standardizing practices and procedures, resolving common legal 
issues, and enabling review of cooperative research and development 
agreements to be carried out in a routine and prompt manner.
    ``(v) A Federal agency may waive the requirements of clause (i) or 
(ii) under such circumstances as the agency considers appropriate.''.

SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY AND CONTRACTOR 
              EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE STEWARDSHIP 
              AND SECURITY.

    (a) Authority To Present Certificate of Commendation.--The 
Secretary of Energy may present a certificate of commendation to any 
current or former employee of the Department of Energy, and any current 
or former employee of a Department contractor, whose service to the 
Department in matters relating to stockpile stewardship and security 
assisted the Department in furthering the national security interests 
of the United States.
    (b) Certificate.--The certificate of commendation presented to a 
current or former employee under subsection (a) shall include an 
appropriate citation of the service of the current or former employee 
described in that subsection, including a citation for dedication, 
intellect, and sacrifice in furthering the national security interests 
of the United States by maintaining a strong, safe, and viable United 
States nuclear deterrent during the Cold War or thereafter.
    (c) Department of Energy Defined.--For purposes of this section, 
the term ``Department of Energy'' includes any predecessor agency of 
the Department of Energy.

SEC. 3178. ADJUSTMENT OF THRESHOLD REQUIREMENT FOR SUBMISSION OF 
              REPORTS ON ADVANCED COMPUTER SALES TO TIER III FOREIGN 
              COUNTRIES.

    Section 3157 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 2045) is amended by adding at 
the end the following:
    ``(e) Adjustment of Performance Levels.--Whenever a new composite 
theoretical performance level is established under section 1211(d), 
that level shall apply for purposes of subsection (a) of this section 
in lieu of the level set forth in subsection (a).''.

             Subtitle G--Russian Nuclear Complex Conversion

SEC. 3191. SHORT TITLE.

    This subtitle may be cited as the ``Russian Nuclear Weapons Complex 
Conversion Act of 2000''.

SEC. 3192. FINDINGS.

    Congress makes the following findings:
            (1) The Russian nuclear weapons complex has begun closure 
        and complete reconfiguration of certain weapons complex plants 
        and productions lines. However, this work is at an early stage. 
        The major impediments to downsizing have been economic and 
        social conditions in Russia. Little information about this 
        complex is shared, and 10 of its most sensitive cities remain 
        closed. These cities house 750,000 people and employ 
        approximately 150,000 people in nuclear military facilities. 
        Although the Russian Federation Ministry of Atomic Energy has 
        announced the need to significantly downsize its workforce, 
        perhaps by as much as 50 percent, it has been very slow in 
        accomplishing this goal. Information on the extent of any 
        progress is very closely held.
            (2) The United States, on the other hand, has significantly 
        downsized its nuclear weapons complex in an open and 
        transparent manner. As a result, an enormous asymmetry now 
        exists between the United States and Russia in nuclear weapon 
        production capacities and in transparency of such capacities. 
        It is in the national security interest of the United States to 
        assist the Russian Federation in accomplishing significant 
        reductions in its nuclear military complex and in helping it to 
        protect its nuclear weapons, nuclear materials, and nuclear 
        secrets during such reductions. Such assistance will accomplish 
        critical nonproliferation objectives and provide essential 
        support towards future arms reduction agreements. The Russian 
        Federation's program to close and reconfigure weapons complex 
        plants and production lines will address, if it is implemented 
        in a significant and transparent manner, concerns about the 
        Russian Federation's ability to quickly reconstitute its 
        arsenal.
            (3) Several current programs address portions of the 
        downsizing and nuclear security concerns. The Nuclear Cities 
        Initiative was established to assist Russia in creating job 
        opportunities for employees who are not required to support 
        realistic Russian nuclear security requirements. Its focus has 
        been on creating commercial ventures that can provide self-
        sustaining jobs in three of the closed cities. The current 
        scope and funding of the program are not commensurate with the 
        scale of the threats to the United States sought to be 
        addressed by the program.
            (4) To effectively address threats to United States 
        national security interests, progress with respect to the 
        nuclear cities must be expanded and accelerated. The Nuclear 
        Cities Initiative has laid the groundwork for an immediate 
        increase in investment which offers the potential for prompt 
        risk reduction in the cities of Sarov, Snezhinsk, and 
        Zheleznogorsk, which house four key Russian nuclear facilities. 
        Furthermore, the Nuclear Cities Initiative has made 
        considerable progress with the limited funding available. 
        However, to gain sufficient advocacy for additional support, 
        the program must demonstrate--
                    (A) rapid progress in conversion and restructuring; 
                and
                    (B) an ability for the United States to track 
                progress against verifiable milestones that support a 
                Russian nuclear complex consistent with their future 
                national security requirements.
            (5) Reductions in the nuclear weapons-grade material stocks 
        in the United States and Russia enhance prospects for future 
        arms control agreements and reduce concerns that these 
        materials could lead to proliferation risks. Confidence in both 
        nations will be enhanced by knowledge of the extent of each 
        nation's stockpiles of weapons-grade materials. The United 
        States already makes this information public.
            (6) Many current programs contribute to the goals stated 
        herein. However, the lack of programmatic coordination within 
        and among United States Government agencies impedes the 
        capability of the United States to make rapid progress. A 
        formal single point of coordination is essential to ensure that 
        all United States programs directed at cooperative threat 
        reduction, nuclear materials reduction and protection, and the 
        downsizing, transparency, and nonproliferation of the nuclear 
        weapons complex effectively mitigate the risks inherent in the 
        Russian Federation's military complex.
            (7) Specialists in the United States and the former Soviet 
        Union trained in nonproliferation studies can significantly 
        assist in the downsizing process while minimizing the threat 
        presented by potential proliferation of weapons materials or 
        expertise.

SEC. 3193. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES INITIATIVE.

    (a) In General.--The Secretary of Energy shall, in accordance with 
the provisions of this section, take appropriate actions to expand and 
enhance the activities under the Nuclear Cities Initiative in order 
to--
            (1) assist the Russian Federation in the downsizing of the 
        Russian Nuclear Complex; and
            (2) coordinate the downsizing of the Russian Nuclear 
        Complex under the Initiative with other United States 
        nonproliferation programs.
    (b) Enhanced Use of MINATOM Technology and Research and Development 
Services.--In carrying out actions under this section, the Secretary of 
Energy shall facilitate the enhanced use of the technology, and the 
research and development services, of the Russia Ministry of Atomic 
Energy (MINATOM) by--
            (1) fostering the commercialization of peaceful, non-
        threatening advanced technologies of the Ministry through the 
        development of projects to commercialize research and 
        development services for industry and industrial entities; and
            (2) authorizing the Department of Energy, and encouraging 
        other departments and agencies of the United States Government, 
        to utilize such research and development services for 
        activities appropriate to the mission of the Department, and 
        such departments and agencies, including activities relating 
        to--
                    (A) nonproliferation (including the detection and 
                identification of weapons of mass destruction and 
                verification of treaty compliance);
                    (B) global energy and environmental matters; and
                    (C) basic scientific research of benefit to the 
                United States.
    (c) Acceleration of Nuclear Cities Initiative.--(1) In carrying out 
actions under this section, the Secretary of Energy shall accelerate 
the Nuclear Cities Initiative by implementing, as soon as practicable 
after the date of the enactment of this Act, programs at the nuclear 
cities referred to in paragraph (2) in order to convert significant 
portions of the activities carried out at such nuclear cities from 
military activities to civilian activities.
    (2) The nuclear cities referred to in this paragraph are the 
following:
            (A) Sarov (Arzamas-16).
            (B) Snezhinsk (Chelyabinsk-70).
            (C) Zheleznogorsk (Krasnoyarsk-26).
    (3) To advance nonproliferation and arms control objectives, the 
Nuclear Cities Initiative is encouraged to begin planning for 
accelerated conversion, commensurate with available resources, in the 
remaining nuclear cities.
    (4) Before implementing a program under paragraph (1), the 
Secretary shall establish appropriate, measurable milestones for the 
activities to be carried out in fiscal year 2001.
    (d) Plan for Restructuring the Russian Nuclear Complex.--(1) The 
President, acting through the Secretary of Energy, is urged to enter 
into negotiations with the Russian Federation for purposes of the 
development by the Russian Federation of a plan to restructure the 
Russian Nuclear Complex in order to meet changes in the national 
security requirements of Russia by 2010.
    (2) The plan under paragraph (1) should include the following:
            (A) Mechanisms to achieve a nuclear weapons production 
        capacity in Russia that is consistent with the obligations of 
        Russia under current and future arms control agreements.
            (B) Mechanisms to increase transparency regarding the 
        restructuring of the nuclear weapons complex and weapons-
        surplus nuclear materials inventories in Russia to the levels 
        of transparency for such matters in the United States, 
        including the participation of Department of Energy officials 
        with expertise in transparency of such matters.
            (C) Measurable milestones that will permit the United 
        States and the Russian Federation to monitor progress under the 
        plan.
    (e) Encouragement of Careers in Nonproliferation.--(1) In carrying 
out actions under this section, the Secretary of Energy shall carry out 
a program to encourage students in the United States and in the Russian 
Federation to pursue a career in an area relating to nonproliferation.
    (2) Of the amounts under subsection (f), up to $2,000,000 shall be 
available for purposes of the program under paragraph (1).
    (f) Funding for Fiscal Year 2001.--(1) There is hereby authorized 
to be appropriated for the Department of Energy for fiscal year 2001, 
$30,000,000 for purposes of the Nuclear Cities Initiative, including 
activities under this section.
    (2) The amount authorized to be appropriated by section 101(5) for 
other procurement for the Army is hereby reduced by $12,500,000, with 
the amount of the reduction to be allocated to the Close Combat 
Tactical Trainer.
    (g) Limitation on Availability of Funds for Nuclear Cities 
Initiative.--No amount in excess of $17,500,000 authorized to be 
appropriated for the Department of Energy for fiscal year 2001 for the 
Nuclear Cities Initiative may be obligated or expended for purposes of 
providing assistance under the Initiative until 30 days after the date 
on which the Secretary of Energy submits to the Committees on Armed 
Services of the Senate and House of Representatives the following:
            (1) A copy of the written agreement between the United 
        States Government and the Government of the Russian Federation 
        which provides that Russia will close some of its facilities 
        engaged in nuclear weapons assembly and disassembly work within 
        five years in exchange for participation in the Initiative.
            (2) A certification by the Secretary that--
                    (A) project review procedures for all projects 
                under the Initiative have been established and 
                implemented; and
                    (B) such procedures will ensure that any 
                scientific, technical, or commercial project initiated 
                under the Initiative--
                            (i) will not enhance the military or 
                        weapons of mass destruction capabilities of 
                        Russia;
                            (ii) will not result in the inadvertent 
                        transfer or utilization of products or 
                        activities under such project for military 
                        purposes;
                            (iii) will be commercially viable within 
                        three years of the date of the certification; 
                        and
                            (iv) will be carried out in conjunction 
                        with an appropriate commercial, industrial, or 
                        other nonprofit entity as partner.
            (3) A report setting forth the following:
                    (A) The project review procedures referred to in 
                paragraph (2)(A).
                    (B) A list of the projects under the Initiative 
                that have been reviewed under such project review 
                procedures.
                    (C) A description for each project listed under 
                subparagraph (B) of the purpose, life-cycle, out-year 
                budget costs, participants, commercial viability, 
                expected time for income generation, and number of 
                Russian jobs created.
    (h) Sense of Congress on Funding for Fiscal Years after Fiscal Year 
2001.--It is the sense of Congress that the availability of funds for 
the Nuclear Cities Initiative in fiscal years after fiscal year 2001 
should be contingent upon--
            (1) demonstrable progress in the programs carried out under 
        subsection (c), as determined utilizing the milestones required 
        under paragraph (4) of that subsection; and
            (2) the development and implementation of the plan required 
        by subsection (d).

SEC. 3194. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL 
              COORDINATOR FOR NONPROLIFERATION MATTERS.

    It is the sense of Congress that--
            (1) there should be a National Coordinator for 
        Nonproliferation Matters to coordinate--
                    (A) the Nuclear Cities Initiative;
                    (B) the Initiatives for Proliferation Prevention 
                program;
                    (C) the Cooperative Threat Reduction programs;
                    (D) the materials protection, control, and 
                accounting programs; and
                    (E) the International Science and Technology 
                Center; and
            (2) the position of National Coordinator for 
        Nonproliferation Matters should be similar, regarding 
        nonproliferation matters, to the position filled by designation 
        of the President under section 1441(a) of the Defense Against 
        Weapons of Mass Destruction Act of 1996 (title XIV of Public 
        Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)).

SEC. 3195. DEFINITIONS.

    In this subtitle:
            (1) Nuclear city.--The term ``nuclear city'' means any of 
        the closed nuclear cities within the complex of the Russia 
        Ministry of Atomic Energy (MINATOM) as follows:
                    (A) Sarov (Arzamas-16).
                    (B) Zarechnyy (Penza-19).
                    (C) Novoural'sk (Sverdlovsk-44).
                    (D) Lesnoy (Sverdlovsk-45).
                    (E) Ozersk (Chelyabinsk-65).
                    (F) Snezhinsk (Chelyabinsk-70).
                    (G) Trechgornyy (Zlatoust-36).
                    (H) Seversk (Tomsk-7).
                    (I) Zhelenznogorsk (Krasnoyarsk-26).
                    (J) Zelenogorsk (Krasnoyarsk-45).
            (2) Russian nuclear complex.--The term ``Russian Nuclear 
        Complex'' refers to all of the nuclear cities.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

    There are authorized to be appropriated for fiscal year 2001, 
$18,500,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM THE NAVAL PETROLEUM 
              RESERVES.

    (a) Higher Minimum Price.--Subparagraph (A) of section 7430(b)(2) 
of title 10, United States Code, is amended by striking ``90 percent 
of''.
    (b) Inapplicability of Requirement to Reserve Numbered 1.--Such 
section 7430(b)(2) is further amended by striking ``Naval Petroleum 
Reserves Numbered 1, 2, and 3'' in the matter preceding subparagraph 
(A) and inserting ``Naval Petroleum Reserves Numbered 2 and 3''.

SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR UNIT 
              PLANS AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.

    (a) Repeal.--Section 7426 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 641 of such title is amended by striking the item relating to 
section 7426.

SEC. 3303. LAND TRANSFER AND RESTORATION.

    (a) Short Title.--This section may be cited as the ``Ute-Moab Land 
Restoration Act''.
    (b) Transfer of Oil Shale Reserve.--Section 3405 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 
U.S.C. 7420 note; Public Law 105-261) is amended to read as follows:

``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.

    ``(a) Definitions.--In this section:
            ``(1) Map.--The term ``map'' means the map depicting the 
        boundaries of NOSR-2, to be kept on file and available for 
        public inspection in the offices of the Department of the 
        Interior.
            ``(2) Moab site.--The term `Moab site' means the Moab 
        uranium milling site located approximately 3 miles northwest of 
        Moab, Utah, and identified in the Final Environmental Impact 
        Statement issued by the Nuclear Regulatory Commission in March 
        1996, in conjunction with Source Material License No. SUA 917.
            ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve 
        Numbered 2, as identified on a map on file in the Office of the 
        Secretary of the Interior.
            ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe 
        of the Uintah and Ouray Indian Reservation.
    ``(b) Conveyance.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        United States conveys to the Tribe, subject to valid existing 
        rights in effect on the day before the date of enactment of 
        this section, all Federal land within the exterior boundaries 
        of NOSR-2 in fee simple (including surface and mineral rights).
            ``(2) Reservations.--The conveyance under paragraph (1) 
        shall not include the following reservations of the United 
        States:
                    ``(A) A 9 percent royalty interest in the value of 
                any oil, gas, other hydrocarbons, and all other 
                minerals from the conveyed land that are produced, 
                saved, and sold, the payments for which shall be made 
                by the Tribe or its designee to the Secretary of Energy 
                during the period that the oil, gas, hydrocarbons, or 
                minerals are being produced, saved, sold, or extracted.
                    ``(B) The portion of the bed of Green River 
                contained entirely within NOSR-2, as depicted on the 
                map.
                    ``(C) The land (including surface and mineral 
                rights) to the west of the Green River within NOSR-2, 
                as depicted on the map.
                    ``(D) A \1/4\ mile scenic easement on the east side 
                of the Green River within NOSR-2.
            ``(3) Conditions.--
                    ``(A) Management authority.--On completion of the 
                conveyance under paragraph (1), the United States 
                relinquishes all management authority over the conveyed 
                land (including tribal activities conducted on the 
                land).
                    ``(B) No reversion.--The land conveyed to the Tribe 
                under this subsection shall not revert to the United 
                States for management in trust status.
                    ``(C) Use of easement.--The reservation of the 
                easement under paragraph (2)(D) shall not affect the 
                right of the Tribe to obtain, use, and maintain access 
                to, the Green River through the use of the road within 
                the easement, as depicted on the map.
    ``(c) Withdrawals.--Each withdrawal that applies to NOSR-2 and that 
is in effect on the date of enactment of this section is revoked to the 
extent that the withdrawal applies to NOSR-2.
    ``(d) Administration of Reserved Land and Interests in Land.--
            ``(1) In general.--The Secretary of the Interior shall 
        administer the land and interests in land reserved from 
        conveyance under subparagraphs (B) and (C) of subsection (b)(2) 
        in accordance with the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1701 et seq.).
            ``(2) Management plan.--Not later than 3 years after the 
        date of enactment of this section, the Secretary shall submit 
        to Congress a land use plan for the management of the land and 
        interests in land referred to in paragraph (1).
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as are 
        necessary to carry out this subsection.
    ``(e) Royalty.--
            ``(1) Payment of royalty.--The royalty interest reserved 
        from conveyance in subsection (b)(2)(A) that is required to be 
        paid by the Tribe shall not include any development, 
        production, marketing, and operating expenses.
            ``(2) Report.--The Tribe shall submit to the Secretary of 
        Energy and to Congress an annual report on resource development 
        and other activities of the Tribe concerning the conveyance 
        under subsection (b).
            ``(3) Financial audit.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this section, and every 5 years 
                thereafter, the Tribe shall obtain an audit of all 
                resource development activities of the Tribe concerning 
                the conveyance under subsection (b), as provided under 
                chapter 75 of title 31, United States Code.
                    ``(B) Inclusion of results.--The results of each 
                audit under this paragraph shall be included in the 
                next annual report submitted after the date of 
                completion of the audit.
    ``(f) River Management.--
            ``(1) In general.--The Tribe shall manage, under Tribal 
        jurisdiction and in accordance with ordinances adopted by the 
        Tribe, land of the Tribe that is adjacent to, and within \1/4\ 
        mile of, the Green River in a manner that--
                    ``(A) maintains the protected status of the land; 
                and
                    ``(B) is consistent with the government-to-
                government agreement and in the memorandum of 
                understanding dated February 11, 2000, as agreed to by 
                the Tribe and the Secretary.
            ``(2) No management restrictions.--An ordinance referred to 
        in paragraph (1) shall not impair, limit, or otherwise restrict 
        the management and use of any land that is not owned, 
        controlled, or subject to the jurisdiction of the Tribe.
            ``(3) Repeal or amendment.--An ordinance adopted by the 
        Tribe and referenced in the government-to-government agreement 
        may not be repealed or amended without the written approval 
        of--
                    ``(A) the Tribe; and
                    ``(B) the Secretary.
    ``(g) Plant Species.--
            ``(1) In general.--In accordance with a government-to-
        government agreement between the Tribe and the Secretary, in a 
        manner consistent with levels of legal protection in effect on 
        the date of enactment of this section, the Tribe shall protect, 
        under ordinances adopted by the Tribe, any plant species that 
        is--
                    ``(A) listed as an endangered species or threatened 
                species under section 4 of the Endangered Species Act 
                of 1973 (16 U.S.C. 1533); and
                    ``(B) located or found on the NOSR-2 land conveyed 
                to the Tribe.
            ``(2) Tribal jurisdiction.--The protection described in 
        paragraph (1) shall be performed solely under tribal 
        jurisdiction
    ``(h) Horses.--
            ``(1) In general.--The Tribe shall manage, protect, and 
        assert control over any horse not owned by the Tribe or tribal 
        members that is located or found on the NOSR-2 land conveyed to 
        the Tribe in a manner that is consistent with Federal law 
        governing the management, protection, and control of horses in 
        effect on the date of enactment of this section.
            ``(2) Tribal jurisdiction.--The management, control, and 
        protection of horses described in paragraph (1) shall be 
        performed solely--
                    ``(A) under tribal jurisdiction; and
                    ``(B) in accordance with a government-to-government 
                agreement between the Tribe and the Secretary.
    ``(i) Remedial Action at Moab Site.--
            ``(1) Interim remedial action.--
                    ``(A) Plan.--Not later than 1 year after the date 
                of enactment of this section, the Secretary of Energy 
                shall prepare a plan for remedial action, including 
                ground water restoration, at the uranium milling site 
                near Moab, Utah, under section 102(a) of the Uranium 
                Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 
                7912(a)).
                    ``(B) Commencement of remedial action.--The 
                Secretary of Energy shall commence remedial action as 
                soon as practicable after the preparation of the plan.
                    ``(C) Termination of license.--The license for the 
                materials at the site issued by the Nuclear Regulatory 
                Commission shall terminate 1 year from the date of 
                enactment of this section, unless the Secretary of 
                Energy determines that the license may be terminated 
                earlier.
                    ``(D) Activities of the trustee of the moab 
                reclamation trust.-- Until the license referred to in 
                subparagraph (C) terminates, the Trustee of the Moab 
                Reclamation Trust (referred to in this paragraph as the 
                `Trustee'), subject to the availability of funds 
                appropriated specifically for a purpose described in 
                clauses (i) through (iii) or made available by the 
                Trustee from the Moab Reclamation Trust, may carry 
                out--
                            ``(i) interim measures to reduce or 
                        eliminate localized high ammonia concentrations 
                        identified by the United States Geological 
                        Survey in a report dated March 27, 2000, in the 
                        Colorado River;
                            ``(ii) activities to dewater the mill 
                        tailings; and
                            ``(iii) other activities, subject to the 
                        authority of the Secretary of Energy and the 
                        Nuclear Regulatory Commission.
                    ``(E) Title; caretaking.--Until the date on which 
                the Moab site is sold under paragraph (4), the 
                Trustee--
                            ``(i) shall maintain title to the site; and
                            ``(ii) shall act as a caretaker of the 
                        property and in that capacity exercise measures 
                        of physical safety consistent with past 
                        practice, until the Secretary of Energy 
                        relieves the Trustee of that responsibility.
            ``(2) Limit on expenditures.--The Secretary shall limit the 
        amounts expended in carrying out the remedial action under 
        paragraph (1) to--
                    ``(A) amounts specifically appropriated for the 
                remedial action in an Act of appropriation; and
                    ``(B) other amounts made available for the remedial 
                action under this subsection.
            ``(3) Retention of royalties.--
                    ``(A) In general.--The Secretary of Energy shall 
                retain the amounts received as royalties under 
                subsection (e)(1).
                    ``(B) Availability.--Amounts referred to in 
                subparagraph (A) shall be available, without further 
                Act of appropriation, to carry out the remedial action 
                under paragraph (1).
                    ``(C) Excess amounts.--On completion of the 
                remedial action under paragraph (1), all remaining 
                royalty amounts shall be deposited in the General Fund 
                of the Treasury.
                    ``(D) Exclusion of national security activities 
                funding.--The Secretary shall not use any funds made 
                available to the Department of Energy for national 
                security activities to carry out the remedial action 
                under paragraph (1).
                    ``(E) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary of 
                Energy to carry out the remedial action under paragraph 
                (1) such sums as are necessary.
            ``(4) Sale of moab site.--
                    ``(A) In general.--If the Moab site is sold after 
                the date on which the Secretary of Energy completes the 
                remedial action under paragraph (1), the seller shall 
                pay to the Secretary of Energy, for deposit in the 
                miscellaneous receipts account of the Treasury, the 
                portion of the sale price that the Secretary determines 
                resulted from the enhancement of the value of the Moab 
                site that is attributable to the completion of the 
                remedial action, as determined in accordance with 
                subparagraph (B).
                    ``(B) Determination of enhanced value.--The 
                enhanced value of the Moab site referred to in 
                subparagraph (A) shall be equal to the difference 
                between--
                            ``(i) the fair market value of the Moab 
                        site on the date of enactment of this section, 
                        based on information available on that date; 
                        and
                            ``(ii) the fair market value of the Moab 
                        site, as appraised on completion of the 
                        remedial action.''.
    (c) Uranium Mill Tailings.--Section 102(a) of the Uranium Mill 
Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)) is amended 
by inserting after paragraph (3) the following:
            ``(4) Designation as processing site.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Moab uranium milling site 
                (referred to in this paragraph as the `Moab Site') 
                located approximately 3 miles northwest of Moab, Utah, 
                and identified in the Final Environmental Impact 
                Statement issued by the Nuclear Regulatory Commission 
                in March 1996, in conjunction with Source Material 
                License No. SUA 917, is designated as a processing 
                site.
                    ``(B) Applicability.--This title applies to the 
                Moab Site in the same manner and to the same extent as 
                to other processing sites designated under this 
                subsection, except that--
                            ``(i) sections 103, 107(a), 112(a), and 
                        115(a) of this title shall not apply;
                            ``(ii) a reference in this title to the 
                        date of the enactment of this Act shall be 
                        treated as a reference to the date of enactment 
                        of this paragraph; and
                            ``(iii) the Secretary, subject to the 
                        availability of appropriations and without 
                        regard to section 104(b), shall conduct 
                        remediation at the Moab site in a safe and 
                        environmentally sound manner, including--
                                    ``(I) ground water restoration; and
                                    ``(II) the removal, to at a site in 
                                the State of Utah, for permanent 
                                disposition and any necessary 
                                stabilization, of residual radioactive 
                                material and other contaminated 
                                material from the Moab Site and the 
                                floodplain of the Colorado River.''.
    (d) Conforming Amendment.--Section 3406 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 
note; Public Law 105-261) is amended by inserting after subsection (e) 
the following:
    ``(f) Oil Shale Reserve Numbered 2.--This section does not apply to 
the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.

                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2001, the 
National Defense Stockpile Manager may obligate up to $75,000,000 of 
the funds in the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized 
uses of such funds under subsection (b)(2) of such section, including 
the disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate 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.

SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.

    Section 3303(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 1112 Stat. 
2263; 50 U.S.C. 98d note) is amended--
            (1) in paragraph (2), by striking ``$460,000,000'' and 
        inserting ``$409,000,000'';
            (2) in paragraph (3), by striking ``$555,000,000'' and 
        inserting ``$585,000,000''; and
            (3) in paragraph (4), by striking ``$590,000,000'' and 
        inserting ``$620,000,000''.

SEC. 3403. DISPOSAL OF TITANIUM.

    (a) Disposal Required.--Subject to subsection (b), the President 
shall, by September 30, 2010, dispose of 30,000 short tons of titanium 
contained in the National Defense Stockpile so as to result in receipts 
to the United States in a total amount that is not less than 
$180,000,000.
    (b) Minimization of Disruption and Loss.--The President may not 
dispose of titanium under subsection (a) to the extent that the 
disposal will result in--
            (1) undue disruption of the usual markets of producers, 
        processors, and consumers of titanium; or
            (2) avoidable loss to the United States.
    (c) Treatment of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), 
funds received as a result of the disposal of titanium under subsection 
(a) shall be applied as follows: $174,000,000 to defray the costs of 
health care benefit improvements for retired military personnel; and 
$6,000,000 for transfer to the American Battle Monuments Commission for 
deposit in the fund established under section 2113 of title 36, United 
States Code, for the World War II memorial authorized by section 1 of 
Public Law 103-32 (107 Stat. 90).
    (d) World War II Memorial.--(1) The amount transferred to the 
American Battle Monuments Commission under subsection (c) shall be used 
to complete all necessary requirements for the design of, ground 
breaking for, construction of, maintenance of, and dedication of the 
World War II memorial. The Commission shall determine how the amount 
shall be apportioned among such purposes.
    (2) Any funds not necessary for the purposes set forth in paragraph 
(1) shall be transferred to and deposited in the general fund of the 
Treasury.
    (e) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is 
in addition to, and shall not affect, any other disposal authority 
provided by law regarding materials in the National Defense Stockpile.

     TITLE XXXV--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

SEC. 3501. SHORT TITLE.

    This title may be cited as the ``Energy Employees Occupational 
Illness Compensation Act of 2000''.

SEC. 3502. CONSTRUCTION WITH OTHER LAWS.

    References in this title to a provision of another statute shall be 
considered as references to such provision, as amended and as may be 
amended from time to time.

SEC. 3503. DEFINITIONS.

    (a) In General.--In this title:
            (1) Atomic weapon.--The term ``atomic weapon'' has the 
        meaning given that term in section 11d. of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(d)).
            (2) Atomic weapons employee.--The term ``atomic weapons 
        employee'' means an individual employed by an atomic weapons 
        employer during a time when the employer was processing or 
        producing, for the use by the United States, material that 
        emitted radiation and was used in the production of an atomic 
        weapon, excluding uranium mining and milling.
            (3) Atomic weapons employer.--The term ``atomic weapons 
        employer'' means an entity that--
                    (A) processed or produced, for the use by the 
                United States, material that emitted radiation and was 
                used in the production of an atomic weapon, excluding 
                uranium mining and milling; and
                    (B) is designated as an atomic weapons employer for 
                purposes of this title by the Secretary of Energy.
            (4) Atomic weapons employer facility.--The term ``atomic 
        weapons employer facility'' means a facility, owned by an 
        atomic weapons employer, that is or was used to process or 
        produce, for use by the United States, material that emitted 
        radiation and was used in the production of an atomic weapon, 
        excluding uranium mining or milling.
            (5) Beryllium vendor.--The term ``beryllium vendor'' means 
        the following:
                    (A) Atomics International.
                    (B) Brush Wellman, Incorporated, and its 
                predecessor, Brush Beryllium Company.
                    (C) General Atomics.
                    (D) General Electric Company.
                    (E) NGK Metals Corporation and its predecessors, 
                Kawecki-Berylco, Cabot Corporation, BerylCo, and 
                Beryllium Corporation of America.
                    (F) Nuclear Materials and Equipment Corporation.
                    (G) StarMet Corporation, and its predecessor, 
                Nuclear Metals, Incorporated.
                    (H) Wyman Gordan, Incorporated.
                    (I) Any other vendor, processor, or producer of 
                beryllium or related products designated as a beryllium 
                vendor for purposes of this title under section 
                3504(a).
            (6) Chronic silicosis.--The term ``chronic silicosis'' 
        means silicosis if--
                    (A) at least 10 years elapse between initial 
                exposure to silica and the emergence of the silicosis; 
                and
                    (B) the silicosis is established by one of the 
                following:
                            (i) A chest x-ray presenting any 
                        combination of rounded opacities of type 
                        p/q/r, with or without irregular opacities, 
                        present in at least both upper lung zones and 
                        of profusion 1/0 or greater, as found in 
                        accordance with the International Labor 
                        Organization classification system.
                            (ii) A physician's provisional or working 
                        diagnosis of silicosis, combined with--
                                    (I) a chest radiograph interpreted 
                                as consistent with silicosis; or
                                    (II) pathologic findings consistent 
                                with silicosis.
                            (iii) A history of occupational exposure to 
                        airborne silica dust and a chest radiograph or 
                        other imaging technique interpreted as 
                        consistent with silicosis or pathologic 
                        findings consistent with silicosis.
            (7) Compensation.--The term ``compensation'' means the 
        money allowance payable under this title and any other benefits 
        paid for from the Fund including the alternative compensation 
        payable pursuant to section 3515.
            (8) Covered beryllium employee.--The term ``covered 
        beryllium employee'' means the following:
                    (A) A current or former employee (as that term is 
                defined in section 8101(1) of title 5, United States 
                Code) who may have been exposed to beryllium at a 
                Department of Energy facility or at a facility owned, 
                operated, or occupied by a beryllium vendor.
                    (B) A current or former employee of any entity that 
                contracted with the Department of Energy to provide 
                management and operation, management and integration, 
                or environmental remediation of a Department of Energy 
                facility or an employee of any contractor or 
                subcontractor that provided services, including 
                construction and maintenance, at such a facility.
                    (C) A current or former employee of a beryllium 
                vendor, or a contractor or subcontractor of a beryllium 
                vendor, during a period when the vendor was engaged in 
                activities related to the production or processing of 
                beryllium for sale to, or use by, the Department of 
                Energy.
            (9) Covered beryllium illness.--The term ``covered 
        beryllium illness'' means any condition as follows:
                    (A) Beryllium sensitivity as established by--
                            (i) an abnormal beryllium lymphocyte 
                        proliferation test performed on either blood or 
                        lung lavage cells; or
                            (ii) other means specified under section 
                        3504(b).
                    (B) Chronic beryllium disease as established by the 
                following:
                            (i) For diagnoses on or after January 1, 
                        1993--
                                    (I) beryllium sensitivity, as 
                                established in accordance with 
                                subparagraph (A); and
                                    (II) lung pathology consistent with 
                                chronic beryllium disease, including--
                                            (aa) a lung biopsy showing 
                                        granulomas or a lymphocytic 
                                        process consistent with chronic 
                                        beryllium disease;
                                            (bb) a computerized axial 
                                        tomography scan showing changes 
                                        consistent with chronic 
                                        beryllium disease; or
                                            (cc) pulmonary function or 
                                        exercise testing showing 
                                        pulmonary deficits consistent 
                                        with chronic beryllium disease.
                            (ii) For diagnoses before January 1, 1993, 
                        the presence of four of the criteria set forth 
                        in subclauses (I) through (VI), including the 
                        criteria set forth in subclause (I) and any 
                        three of the criteria set forth in subclauses 
                        (II) through (VI):
                                    (I) Occupational or environmental 
                                history, or epidemiologic evidence of 
                                beryllium exposure.
                                    (II) Characteristic chest 
                                radiographic (or computed tomography 
                                (CT) abnormalities.
                                    (III) Restrictive or obstructive 
                                lung physiology testing or diffusing 
                                lung capacity defect.
                                    (IV) Lung pathology consistent with 
                                chronic beryllium disease.
                                    (V) Clinical course consistent with 
                                a chronic respiratory disorder.
                                    (VI) Immunologic tests showing 
                                beryllium sensitivity (skin patch test 
                                or beryllium blood test preferred).
                            (iii) Other means specified under section 
                        3504(b).
            (C) Any injury, illness, impairment, or disability 
        sustained as a consequence of a covered beryllium illness 
        referred to in subparagraph (A) or (B).
            (10) Covered employee.--The term ``covered employee'' means 
        a covered beryllium employee, a covered employee with cancer, 
        or a covered employee with chronic silicosis.
            (11) Covered employee with cancer.--The term ``covered 
        employee with cancer'' means the following:
                    (A) An individual who meets the criteria in section 
                3511(c)(1).
                    (B) A member of the Special Exposure Cohort.
            (12) Covered employee with chronic silicosis.--The term 
        ``covered employee with chronic silicosis'' means a--
                    (A) Department of Energy employee; or
                    (B) Department of Energy contractor employee;
        with chronic silicosis who was exposed to silica in the 
        performance of duty as determined in section 3511(b).
            (13) Department of energy.--The term ``Department of 
        Energy'' includes the predecessor agencies of the Department of 
        Energy, including the Manhattan Engineering District.
            (14) Department of energy contractor employee.--The term 
        ``Department of Energy contractor employee'' means the 
        following:
                    (A) An individual who is or was in residence at a 
                Department of Energy facility as a researcher for a 
                period of at least 24 cumulative months.
                    (B) An individual who is or was employed, at a 
                Department of Energy facility by--
                            (i) an entity that contracted with the 
                        Department of Energy to provide management and 
                        operating, management and integration, or 
                        environmental remediation at the facility; or
                            (ii) a contractor or subcontractor that 
                        provided services, including construction and 
                        maintenance, at the facility.
            (15) Department of energy facility.--The term ``Department 
        of Energy facility'' means any building, structure, or premise, 
        including the grounds upon which such building, structure, or 
        premise is located--
                    (A) in which operations are, or have been, 
                conducted by, or on behalf of, the Department of Energy 
                (except for buildings, structures, premises, grounds, 
                or operations covered by Executive Order 12344, 
                pertaining to the Naval Nuclear Propulsion Program); 
                and
                    (B) with regard to which the Department of Energy 
                has or had--
                            (i) a proprietary interest; or
                            (ii) entered into a contract with an entity 
                        to provide management and operation, management 
                        and integration, environmental remediation 
                        services, construction, or maintenance 
                        services.
            (16) Fund.--The term ``Fund'' means the Energy Employees' 
        Occupational Illness Compensation Fund under section 3542 of 
        this title.
            (17) Monthly pay.--The term ``monthly pay'' means the 
        monthly pay at the time of injury, or the monthly pay at the 
        time disability begins, or the monthly pay at the time the 
        compensable disability recurs, if the recurrence begins more 
        than 6 months after the employee resumes regular full-time 
        employment, whichever is greater, except when otherwise 
        determined under section 8113 of title 5, United States Code.
            (18) Radiation.--The term ``radiation'' means ionizing 
        radiation in the form of--
                    (A) alpha particles;
                    (B) beta particles;
                    (C) neutrons;
                    (D) gamma rays; or
                    (E) accelerated ions or subatomic particles from 
                accelerator machines.
            (19) Secretary of Health and Human Services.--The term 
        ``Secretary of Health and Human Services'' means the Secretary 
        of Health and Human Services with the assistance of the 
        Director of the National Institute for Occupational Safety and 
        Health.
            (20) Special exposure cohort.--The term ``Special Exposure 
        Cohort'' means the following groups of Department of Energy 
        employees, Department of Energy contractor employees, and 
        atomic weapons employees:
                    (A) Individuals who--
                            (i) were employed during the period prior 
                        to February 1, 1992--
                                    (I) at the gaseous diffusion plants 
                                located in--
                                            (aa) Paducah, Kentucky;
                                            (bb) Portsmouth, Ohio; or
                                            (cc) Oak Ridge, Tennessee; 
                                        and
                                    (II) by--
                                            (aa) the Department of 
                                        Energy;
                                            (bb) a Department of Energy 
                                        contractor or subcontractor; or
                                            (cc) an atomic weapons 
                                        employer; and
                            (ii) during employment covered by clause 
                        (i)--
                                    (I) were monitored through the use 
                                of dosimetry badges for exposure at the 
                                plant of the external parts of the 
                                employee's body to radiation; or
                                    (II) worked in a job that had 
                                exposures comparable to a job that is 
                                or was monitored through the use of 
                                dosimetry badges.
                    (B) Individuals who were employed by the Department 
                of Energy or a Department of Energy contractor or 
                subcontractor on Amchitka Island, Alaska, prior to 
                January 1, 1974, and who were exposed to ionizing 
                radiation in the performance of duty related to the 
                Long Shot, Milrow, or Cannikin underground nuclear 
                tests.
                    (C) Individuals designated as part of the Special 
                Exposure Cohort by the Secretary of Health and Human 
                Services, in accordance with section 3513.
            (21) Specified cancer.--The term ``specified cancer'' means 
        the following:
                    (A) Leukemia (other than chronic lymphocytic 
                leukemia).
                    (B) Multiple myeloma.
                    (C) Non-Hodgkins Lymphoma.
                    (D) Cancer of the--
                            (i) bladder;
                            (ii) bone;
                            (iii) brain;
                            (iv) breast (male or female);
                            (v) cervix;
                            (vi) digestive system (including esophagus, 
                        stomach, small intestine, bile ducts, colon, 
                        rectum, or other digestive organs);
                            (vii) gallbladder;
                            (viii) kidney;
                            (ix) larynx, pharynx, or other respiratory 
                        organs;
                            (x) liver;
                            (xi) lung;
                            (xii) male genitalia;
                            (xiii) nasal organs;
                            (xiv) nervous system;
                            (xv) ovary;
                            (xvi) pancreas;
                            (xvii) prostate;
                            (xviii) salivary gland (parotid or non-
                        parotid);
                            (xix) thyroid;
                            (xx) ureter;
                            (xxi) urinary tract or other urinary 
                        organs; or
                            (xxii) uterus.
            (22) Survivor.--The term ``survivor'' means any individual 
        or individuals eligible to receive compensation pursuant to 
        section 8133 of title 5, United States Code.
            (23) Time of injury.--The term ``time of injury'' means--
                    (A) in regard to a claim arising out of exposure to 
                beryllium, the last date on which a covered employee 
                was exposed to beryllium in the performance of duty in 
                accordance with section 3511(a);
                    (B) in regard to a claim arising out of chronic 
                silicosis, the last date on which a covered employee 
                was exposed to silica in the performance of duty in 
                accordance with section 3511(b); and
                    (C) in regard to a claim arising out of exposure to 
                radiation, the last date on which a covered employee 
                was exposed to radiation in the performance of duty in 
                accordance with section 3511(c)(1) or, in the case of a 
                member of the Special Exposure Cohort, the last date on 
                which the member of the Special Exposure Cohort was 
                employed at the Department of Energy facility at which 
                the member was exposed to radiation.
    (b) Terms Used in Administration.--
            (1) In general.--The following terms have the meaning given 
        those terms in section 8101 of title 5, United States Code--
                    (A) ``physician'';
                    (B) ``medical, surgical, and hospital services and 
                supplies'';
                    (C) ``injury'';
                    (D) ``widow'';
                    (E) ``parent'';
                    (F) ``brother'';
                    (G) ``sister'';
                    (H) ``child'';
                    (I) ``grandchild'';
                    (J) ``widower'';
                    (K) ``student'';
                    (L) ``price index'';
                    (M) ``organ''; and
                    (N) ``United States medical officers and 
                hospitals''.
            (2) Employee.--In applying any provision of chapter 81 of 
        title 5, United States Code (except section 8101), under this 
        title, the term ``employee'' in such provision shall mean a 
        covered employee.
            (3) Employees' compensation fund.--In applying any 
        provision of chapter 81 of title 5, United States Code, under 
        this title, the term ``Employees' Compensation Fund'' in such 
        provision shall mean the Fund.

SEC. 3504. EXPANSION OF LIST OF BERYLLIUM VENDORS AND MEANS OF 
              ESTABLISHING COVERED BERYLLIUM ILLNESSES.

    (a) Beryllium Vendors.--The Secretary of Energy may from time to 
time, and in consultation with the Secretary of Labor, designate as a 
beryllium vendor for purposes of section 3503(a)(5) any vendor, 
processor, or producer of beryllium or related products not previously 
listed under or designated for purposes of that section if the 
Secretary of Energy finds that such vendor, processor, or producer has 
been engaged in activities related to the production or processing of 
beryllium for sale to, or use by, the Department of Energy in a manner 
similar to the entities listed in that section.
    (b) Means of Establishing Covered Beryllium Illnesses.--The 
Secretary of Health and Human Services may from time to time, and in 
consultation with the Secretary of Energy, specify means of 
establishing the existence of a covered beryllium illness referred to 
in subparagraph (A) or (B) of section 3503(a)(9) not previously listed 
under or specified for purposes of such subparagraph.

      Subtitle A--Beryllium, Silicosis, and Radiation Compensation

SEC. 3511. EXPOSURE TO HAZARDS IN THE PERFORMANCE OF DUTY.

    (a) Beryllium.--In the absence of substantial evidence to the 
contrary, a covered beryllium employee shall be determined to have been 
exposed to beryllium in the performance of duty for the purposes of 
this title if, and only if, the covered beryllium employee was--
            (1) employed at a Department of Energy facility; or
            (2) present at a Department of Energy facility, or a 
        facility owned and operated by a beryllium vendor, because of 
        employment by the United States, a beryllium vendor, or a 
        contractor or subcontractor of the Department of Energy;
during a period when beryllium dust, particles, or vapor may have been 
present at such facility.
    (b) Chronic Silicosis.--In the absence of substantial evidence to 
the contrary, a covered employee with chronic silicosis shall be 
determined to have been exposed to silica in the performance of duty 
for the purposes of this title if, and only if, the covered employee 
with chronic silicosis was present during the mining of tunnels at a 
Department of Energy facility for tests or experiments related to an 
atomic weapon.
    (c) Cancer.--
            (1) In general.--A Department of Energy employee, 
        Department of Energy contractor employee, or an atomic weapons 
        employee shall be determined to have sustained a cancer in the 
        performance of duty if, and only if, such employee--
                    (A) contracted cancer after beginning employment at 
                a Department of Energy facility for a Department of 
                Energy contractor or an atomic weapons employer 
                facility for an atomic weapons employer; and
                    (B) falls within guidelines that--
                            (i) are established by the Secretary of 
                        Health and Human Services by regulation, after 
                        consultation with the Secretary of Energy and 
                        after technical review by the Advisory Board 
                        under section 3512, for determining whether the 
                        cancer the employee contracted was at least as 
                        likely as not related to employment at the 
                        facility;
                            (ii) are based on the radiation dose 
                        received by the employee (or a group of 
                        employees performing similar work) at the 
                        facility and the upper 99 percent confidence 
                        interval of the probability of causation in the 
                        radioepidemiological tables published under 
                        section 7(b) of the Orphan Drug Act (42 U.S.C. 
                        241 note), as such tables may be updated under 
                        section 7(b)(3) of such Act from time to time;
                            (iii) incorporate the methods established 
                        under subsection (d); and
                            (iv) take into consideration the type of 
                        cancer; past health-related activities, such as 
                        smoking; information on the risk of developing 
                        a radiation-related cancer from workplace 
                        exposure; and other relevant factors.
            (2) Special exposure cohort.--A member of the Special 
        Exposure Cohort shall be determined to have sustained a cancer 
        in the performance of duty if, and only if, such individual 
        contracted a specified cancer after beginning employment at a 
        Department of Energy facility for a Department of Energy 
        contractor or an atomic weapons employer facility for an atomic 
        weapons employer.
    (d) Radiation Dose.--
            (1) In general.--The Secretary of Health and Human 
        Services, after consultation with the Secretary of Energy, 
        shall--
                    (A) establish by regulation methods for arriving at 
                reasonable estimates of the radiation doses Department 
                of Energy employees or Department of Energy contractor 
                employees received at a Department of Energy facility 
                and atomic weapons employees received at a facility 
                operated by an atomic weapons employer if such 
                employees were not monitored for exposure to radiation 
                at the facility, or were monitored inadequately, or if 
                the employees' exposure records are missing or 
                incomplete; and
                    (B) provide to an employee who meets the 
                requirements of subsection (c)(1)(B) an estimate of the 
                radiation dose the employee received based on dosimetry 
                reading, a method established under subparagraph (A), 
                or a combination of both.
            (2) Scientific review.--The Secretary of Health and Human 
        Services shall establish an independent review process 
        utilizing the Advisory Board under section 3512 to assess the 
        methods established under paragraph (1)(A) and the application 
        of those methods and to verify a reasonable sample of 
        individual dose reconstructions provided under paragraph 
        (1)(B).
            (3) Access to dose reconstructions.--The Secretary of 
        Health and Human Services and the Secretary of Energy each 
        shall, consistent with the protection of private medical 
        records, make available to researchers and the general public 
        information on the assumptions, methodology, and data used in 
        dose reconstructions undertaken under this subtitle.

SEC. 3512. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

    (a) Establishment.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this title, the Secretary of Health and Human 
        Services, in consultation with the Secretary of Energy, shall 
        establish and appoint an Advisory Board on Radiation and Worker 
        Health.
            (2) Balance of views.--In making appointments to the Board, 
        the Secretary of Health and Human Services shall also consult 
        with labor unions and other organizations with expertise on 
        worker health issues to ensure that the membership of the Board 
        reflects a balance of scientific, medical, and worker 
        perspectives.
            (3) Chair.--The Secretary of Health and Human Services 
        shall designate a Chair for the Board from among its members.
    (b) Duties.--The Board shall advise the Secretary of Health and 
Human Services, Secretary of Energy, and Secretary of Labor on--
            (1) the development of guidelines to be used by the 
        Secretary of Health and Human Services under section 3511;
            (2) the scientific validity and quality of dose estimation 
        and reconstruction efforts being performed to implement 
        compensation programs under this subtitle; and
            (3) other matters related to radiation and worker health in 
        Department of Energy facilities as the Secretary of Labor, the 
        Secretary of Energy, or the Secretary of Health and Human 
        Services may request.
    (c) Staff.--
            (1) In general.--The Secretary of Health and Human Services 
        shall appoint a staff to facilitate the work of the Board, 
        headed by a Director appointed under subchapter VIII of chapter 
        33 of title 5, United States Code.
            (2) Details.--The Secretary of Health and Human Services 
        may accept for staff of the Board personnel on detail from 
        other Federal agencies to serve on the staff on a 
        nonreimbursable basis.
    (d) Expenses.--Members of the Board, other than full-time employees 
of the Federal Government, while attending meetings of the Board or 
while otherwise serving at the request of the Secretary of Health and 
Human Services while serving away from their homes or regular places of 
business, may be allowed travel and meal expenses, including per diem 
in lieu of subsistence, as authorized by section 5703 of title 5, 
United States Code, for individuals in the Government serving without 
pay.
    (e) Applicability of FACA.--The Advisory Board shall be subject to 
the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 3513. DESIGNATION OF ADDITIONAL MEMBERS OF THE SPECIAL EXPOSURE 
              COHORT.

    (a) Advice on Membership in Cohort.--
            (1) In general.--Upon request of the Secretary of Health 
        and Human Services, the Advisory Board on Radiation and Worker 
        Health under section 3512, based on exposure assessments by 
        radiation health professionals, information provided by the 
        Department of Energy, and other information deemed appropriate 
        by the Board, shall advise the Secretary of Health and Human 
        Services whether there is a class of employees at a Department 
        of Energy facility who likely were exposed to radiation at the 
        facility but for whom it is not feasible to estimate with 
        sufficient accuracy the radiation dose they received.
            (2) Procedures.--The Secretary of Health and Human Services 
        shall establish procedures for considering petitions by classes 
        of employees to request the advice of the Board.
    (b) Treatment as Members of Cohort.--A class of employees at a 
Department of Energy facility shall be considered as members of the 
Special Exposure Cohort for purposes of section 3503(a)(20) if the 
Secretary of Health and Human Services, upon recommendation of the 
Advisory Board on Radiation and Worker Health and in consultation with 
the Secretary of Energy, determines that--
            (1) it is not feasible to estimate with sufficient accuracy 
        the radiation dose which the class received; and
            (2) there is a reasonable likelihood that the radiation 
        dose may have endangered the health of members of the class.
    (c) Access to Information.--The Secretary of Energy shall, in 
accordance with law, provide the Secretary of Health and Human Services 
and the members and staff of the Advisory Board under section 3512 
access to relevant information on worker exposures, including access to 
Restricted Data (as that term is defined in section 11y. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)).

SEC. 3514. AUTHORITY TO PROVIDE COMPENSATION AND OTHER ASSISTANCE.

    (a) Compensation.--Subject to the provisions of this title, the 
Secretary of Labor--
            (1) shall pay compensation in accordance with sections 8105 
        through 8110, 8111(a), 8112, 8113, 8115, 8117, 8133, 8134, 
        8146a(a), and 8146a(b) of title 5, United States Code, for the 
        disability or death--
                    (A) from a covered beryllium illness of a covered 
                beryllium employee who was exposed to beryllium while 
                in the performance of duty as determined in accordance 
                with section 3511(a) of this title;
                    (B) from chronic silicosis of a covered employee 
                with chronic silicosis who was exposed to silica in the 
                performance of duty as determined in accordance with 
                section 3511(b) of this title; or
                    (C) from cancer of a covered employee with cancer 
                determined to have sustained that cancer in the 
                performance of duty in accordance with section 3511(c) 
                of this title or from any injury suffered as a 
                consequence of that cancer;
            (2) shall furnish the services and other benefits specified 
        in section 8103 of title 5, United States Code, to--
                    (A) a covered beryllium employee with a covered 
                beryllium illness who was exposed to beryllium in the 
                performance of duty as determined in accordance with 
                section 3511(a) of this title;
                    (B) a covered employee with chronic silicosis who 
                was exposed to silica in the performance of duty as 
                determined in accordance with section 3511(b) of this 
                title; or
                    (C) a covered employee with cancer determined to 
                have sustained that cancer in the performance of duty 
                in accordance with section 3511(c) of this title or to 
                have suffered any injury as a consequence of that 
                cancer; and
            (3) may direct a permanently disabled individual whose 
        disability is compensable under this subtitle to undergo 
        vocational rehabilitation and shall provide for furnishing such 
        vocational rehabilitation services pursuant to the provisions 
        of sections 8104, 8111(b), and 8113(b) of title 5, United 
        States Code.
    (b) Limitations on Compensation.--
            (1) Employee misconduct.--No compensation or benefits may 
        be paid or provided under this title for a cancer (including a 
        specified cancer), chronic silicosis, covered beryllium 
        illness, or death if the cancer (including a specified cancer), 
        chronic silicosis, covered beryllium illness, or death occurred 
        under one of the circumstances set forth in paragraph (1), (2), 
        or (3) of section 8102(a) of title 5, United States Code.
            (2) Retroactive benefits.--No compensation may be paid 
        under this section for any period before the date of enactment 
        of this title, except in the case of compensation under section 
        3515.
            (3) Source.--All compensation under this subtitle shall be 
        paid from the Fund.
    (c) Computation of Pay.--
            (1) In general.--Except as otherwise provided by this title 
        or by regulation, computation of pay under this title shall be 
        determined in accordance with section 8114 of title 5, United 
        States Code.
            (2) Substitute rule for section 8114(d)(3).--If either of 
        the methods of determining the average annual earnings 
        specified in section 8114(d) (1) and (2) of title 5, United 
        States Code, cannot be applied reasonably and fairly, the 
        average annual earnings are a sum that reasonably represents 
        the annual earning capacity of the covered employee in the 
        employment in which the employee was working at the time of 
        injury having regard to the previous earnings of the employee 
        in similar employment, and of other employees of the same 
        employer in the same or most similar class working in the same 
        or most similar employment in the same or neighboring location, 
        other previous employment of the employee, or other relevant 
        factors. However, the average annual earnings may not be less 
        than 150 times the average daily wage the covered employee 
        earned in the employment during the days employed within 1 year 
        immediately preceding the time of injury.
    (d) Assistance for Claimants.--The Secretary of Labor shall, upon 
the receipt of a request for assistance from a claimant for 
compensation under this section, provide assistance to the claimant in 
connection with the claim, including--
            (1) assistance in securing medical testing and diagnostic 
        services necessary to establish the existence of a covered 
        beryllium illness or cancer; and
            (2) such other assistance as may be required to develop 
        facts pertinent to the claim.
    (e) Assistance for Potential Claimants.--The Secretary of Energy, 
in consultation with the Secretary of Labor, shall take appropriate 
actions to inform and assist covered employees who are potential 
claimants under this subtitle, and other potential claimants under this 
subtitle, of the availability of compensation under this subtitle, 
including actions to--
            (1) ensure the ready availability, in paper and electronic 
        format, of forms necessary for making claims;
            (2) provide such covered employees and other potential 
        claimants with information and other support necessary for 
        making claims, including--
                    (A) medical protocols for medical testing and 
                diagnosis to establish the existence of a covered 
                beryllium illness, silicosis, or cancer; and
                    (B) lists of vendors approved for providing 
                laboratory services related to such medical testing and 
                diagnosis;
            (3) provide such additional assistance to such covered 
        employees and other potential claimants as may be required for 
        the development of facts pertinent to a claim.
    (f) Information From Beryllium Vendors and Other Contractors.--As 
part of the assistance program provided under subsections (d) and (e), 
and as permitted by law, the Secretary of Energy shall, upon the 
request of the Secretary of Labor, require a beryllium vendor or other 
Department of Energy contractor or subcontractor to provide information 
relevant to a claim or potential claim under this title to the 
Secretary of Labor.

SEC. 3515. ALTERNATIVE COMPENSATION.

    (a) In General.--Subject to the provisions of this section, a 
covered employee eligible for benefits under section 3514(a), or the 
survivor of such covered employee if the employee is deceased, may 
elect to receive compensation in the amount of $200,000 in lieu of any 
other compensation under section 3514(a)(1).
    (b) Death Before Election.--
            (1) In general.--Subject to the provisions of this section, 
        if a covered employee otherwise eligible to make an election 
        provided by this section dies before the date of enactment of 
        this title, or before making the election, whether or not the 
        death is a result of a cancer (including a specified cancer), 
        chronic silicosis, or covered beryllium illness, a survivor of 
        the covered employee on behalf of the survivor and any other 
        survivors of the covered employee may make the election and 
        receive the compensation provided for under this section.
            (2) Precedence of survivors.--The right to make an election 
        and to receive compensation under this section shall be 
        afforded to survivors in the order of precedence set forth in 
        section 8109 of title 5, United States Code.
    (c) Time Limit for Election.--An election under this section may be 
made at any time after the submittal under this subtitle of the claim 
on which such compensation is based, but not later than 30 days after 
the latter of the date of--
            (1) a determination by the Secretary of Labor that an 
        employee is eligible for an award under this section; or
            (2) a determination by the Secretary of Labor under section 
        3214 awarding an employee or an employee's survivors 
        compensation for total or partial disability or compensation in 
        case of death.
    (d) Irrevocability of Election.--
            (1) In general.--An election under this section when made 
        is irrevocable.
            (2) Binding effect.--An election made by a covered employee 
        or survivor under this section is binding on all survivors of 
        the covered employee.

SEC. 3516. SUBMITTAL OF CLAIMS.

    (a) Claim Required.--A claim for compensation under this subtitle 
shall be submitted to the Secretary of Labor in the manner specified in 
section 8121 of title 5, United States Code.
    (b) General Time Limitations.--A claim for compensation under this 
subtitle shall be filed under this section not later than the later 
of--
            (1) seven years after the date of enactment of this title;
            (2) seven years after the date the claimant first becomes 
        aware that a cancer (including a specified cancer), chronic 
        silicosis, covered beryllium illness, or death from any of the 
        foregoing of a covered employee may be connected to the 
        exposure of the covered employee to beryllium, radiation, or 
        silica in the performance of duty.
    (c) New Period for Additional Illnesses and Conditions.--A new 
period of limitation under subsection (b)(2) shall commence with each 
new diagnosis of a cancer (including a specified cancer), chronic 
silicosis, or covered beryllium illness that is different from a 
previously diagnosed cancer (including a specified cancer), chronic 
silicosis, or covered beryllium illness.
    (d) Death Claim.--The timely filing of a disability claim for a 
cancer (including a specified cancer), chronic silicosis, or covered 
beryllium illness shall satisfy the time requirements of this section 
for death benefits for the same cancer (including a specified cancer), 
chronic silicosis, or covered beryllium illness.

SEC. 3517. ADJUDICATION AND ADMINISTRATION.

    (a) In General.--
            (1) Requirement.--The Secretary of Labor shall determine 
        and make a finding of fact and make an award for or against 
        payment of compensation under this subtitle after--
                    (A) considering the claim presented by the 
                claimant, the results of any medical test or diagnosis 
                undertaken to establish the existence of a cancer 
                (including a specified cancer), chronic silicosis, or 
                covered beryllium illness, and any report furnished by 
                the Secretary of Energy with respect to the claim; and
                    (B) completing such investigation as the Secretary 
                of Labor considers necessary.
            (2) Scope of allowance and denial.--The Secretary may allow 
        or deny a claim, in whole or in part.
    (b) Available Authorities.--
            (1) In general.--Except as provided in paragraph (2), in 
        carrying out activities under subsection (c), the Secretary of 
        Labor may utilize the authorities available to the Secretary 
        under sections 8123, 8124(b), 8125, 8126, 8128(a), and 8129 of 
        title 5, United States Code.
            (2) Disagreement.--If there is a disagreement under section 
        8123(a) of title 5, United States Code, between the physician 
        making the examination for the United States and the physician 
        of the employee, the Secretary of Labor shall appoint a third 
        physician from a roster of physicians with relevant expertise 
        maintained by the Secretary of Health and Human Services.
    (c) Rights of Claimant.--
            (1) In general.--Except as provided by paragraph (2), the 
        provisions of section 8127 of title 5, United States Code, 
        shall apply.
            (2) Suits to compel information.--A claimant may commence 
        an action in the appropriate district court of the United 
        States against a beryllium vendor, or other contractor or 
        subcontractor of the Department of Energy, to compel the 
        production of information or documents requested by the 
        Secretary of Labor under this subtitle if such information or 
        documents are not provided within 180 days of the date of the 
        request. Upon successful resolution of any action brought under 
        this paragraph, the court shall award the claimant reasonable 
        attorney fees and costs to be paid by the defendant in such 
        action.
    (d) Deadlines.--Beginning on the date that is two years after the 
date of enactment of this title, the Secretary of Labor shall allow or 
deny a claim under this section not later than the later of--
            (1) 180 days after the date of submittal of the claim to 
        the Secretary under section 3516; or
            (2) 120 days after the date of receipt of information or 
        documents produced under subsection (c)(2).
    (e) Resolution of Reasonable Doubt.--Except as provided in 
subsection (b)(2), in determining whether a claimant meets the 
requirements of this subtitle, the Secretary of Labor shall find in 
favor of the claimant in circumstances where the evidence supporting 
the claim of the claimant and the evidence controverting the claim of 
the claimant is in equipoise.
    (f) Service of Decision.--The Secretary of Labor shall have served 
upon a claimant the Secretary's decision denying the claim under this 
section, including the finding of fact under subsection (a)(1).
    (g) Hearings and Further Review.--
            (1) Regulations.--The Secretary of Labor may prescribe 
        regulations necessary for the administration and enforcement of 
        this title including regulations for the conduct of hearings 
        under this section.
            (2) Appeals panels.--
                    (A) In general.--Regulations issued by the 
                Secretary of Labor under this title shall provide for 
                one or more Energy Employees' Compensation Appeals 
                Panels of three individuals with authority to hear and, 
                subject to applicable law and the regulations of the 
                Secretary, make final decisions on appeals taken from 
                determinations and awards with respect to claims of 
                employees filed under this subtitle.
                    (B) Interagency agreement.--Under an agreement 
                between the Secretary of Labor and another Federal 
                agency (except the Department of Energy), a panel 
                appointed by the other Federal agency may provide these 
                appellate decisionmaking services.
            (3) Appeal.--An individual seeking review of a denial of an 
        award under this section shall submit an appeal in accordance 
        with the regulations under this subsection.
    (h) Reconsideration Based on New Criteria or Evidence.--
            (1) New criteria or methods for establishing work-related 
        illness.--A claimant may obtain reconsideration of a decision 
        awarding or denying coverage under this subtitle within one 
        year after the effective date of regulations setting forth--
                    (A) new criteria for establishing a covered 
                beryllium illness pursuant to section 3504(b); or
                    (B) additional or revised methods for determining 
                whether a cancer was at least as likely as not related 
                to employment pursuant to section 3211(c)(1)(B)(i);
        by submitting evidence that is relevant and pertinent to the 
        new regulations.
            (2) New Evidence.--A covered employee or covered employee's 
        survivor may obtain reconsideration of a decision denying an 
        application for compensation or benefits under this title if 
        the employee or employee's survivor has additional medical or 
        other information relevant to the claim that was not reasonably 
        available at the time of the decision and that likely would 
        lead to the reversal of the decision.

             Subtitle B--Exposure to Other Toxic Substances

SEC. 3521. DEFINITIONS.

    In this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Workers' Compensation Advocate under section 217 
        of the Department of Energy Organization Act, as added by 
        section 3538 of this Act.
            (2) Panel.--The term ``panel'' means a physicians panel 
        established under section 3522(d).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3522. AGREEMENTS WITH STATES.

    (a) Agreements.--The Secretary, through the Director, may enter 
into agreements with the Governor of a State to provide assistance to a 
Department of Energy contractor employee in filing a claim under the 
appropriate State workers' compensation system.
    (b) Procedure.--Pursuant to agreements under subsection (a), the 
Director may--
            (1) establish procedures under which an individual may 
        submit an application for review and assistance under this 
        section, and
            (2) review an application submitted under this section and 
        determine whether the applicant submitted reasonable evidence 
        that--
                    (A) the application was filed by or on behalf of a 
                Department of Energy contractor employee or employee's 
                estate, and
                    (B) the illness or death of the Department of 
                Energy contractor employee may have been related to 
                employment at a Department of Energy facility.
    (c) Submittal of Applications to Panels.--If provided in an 
agreement under subsection (a), and if the Director determines that the 
applicant submitted reasonable evidence under subsection (b)(2), the 
Director shall submit the application to a physicians panel established 
under subsection (d). The Director shall assist the employee in 
obtaining additional evidence within the control of the Department of 
Energy and relevant to the panel's deliberations.
    (d) Panel.--
            (1) Number of panels.--The Director shall inform the 
        Secretary of Health and Human Services of the number of 
        physicians panels the Director has determined to be appropriate 
        to administer this section, the number of physicians needed for 
        each panel, and the area of jurisdiction of each panel. The 
        Director may determine to have only one panel.
            (2) Appointment.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall appoint panel members with experience 
                and competency in diagnosing occupational illnesses 
                under section 3109 of title 5, United States Code.
                    (B) Compensation.--Each member of a panel shall be 
                paid at the rate of pay payable for level III of the 
                Executive Schedule for each day (including travel time) 
                the member is engaged in the work of a panel.
            (3) Duties.--A panel shall review an application submitted 
        to it by the Director and determine, under guidelines 
        established by the Director, by rule, whether the illness or 
        death that is the subject of the application arose out of and 
        in the course of employment by the Department of Energy and 
        exposure to a toxic substance at a Department of Energy 
        facility.
            (4) Additional information.--At the request of a panel, the 
        Director and a contractor who employed a Department of Energy 
        contractor employee shall provide additional information 
        relevant to the panel's deliberations. A panel may consult 
        specialists in relevant fields as it determines necessary.
            (5) Determinations.--Once a panel has made a determination 
        under paragraph (3), it shall report to the Director its 
        determination and the basis for the determination.
            (6) Inapplicability of FACA.--A panel established under 
        this section shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    (e) Assistance.--If provided in an agreement under subsection (a)--
            (1) the Director shall review a panel's determination made 
        under subsection (d), information the panel considered in 
        reaching its determination, any relevant new information not 
        reasonably available at the time of the panel's deliberations, 
        and the basis for the panel's determination;
            (2) as a result of the review under paragraph (1), the 
        Director shall accept the panel's determination in the absence 
        of compelling evidence to the contrary;
            (3) if the panel has made a positive determination under 
        subsection (d) and the Director accepts the determination under 
        paragraph (2), or the panel has made a negative determination 
        under subsection (d) and the Director finds compelling evidence 
        to the contrary--
                    (A) the Director shall--
                            (i) assist the applicant to file a claim 
                        under the appropriate State workers' 
                        compensation system based on the health 
                        condition that was the subject of the 
                        determination;
                            (ii) recommend to the Secretary of Energy 
                        that the Department of Energy not contest a 
                        claim filed under a State workers' compensation 
                        system based on the health condition that was 
                        the subject of the determination and not 
                        contest an award made under a State workers' 
                        compensation system regarding that claim; and
                            (iii) recommend to the Secretary of Energy 
                        that the Secretary direct, as permitted by law, 
                        the contractor who employed the Department of 
                        Energy contractor employee who is the subject 
                        of the claim not to contest the claim or an 
                        award regarding the claim; and
                    (B) any costs of contesting a claim or an award 
                regarding the claim incurred by the contractor who 
                employed the Department of Energy contractor employee 
                who is the subject of the claim shall not be an 
                allowable cost under a Department of Energy contract.
    (f) Information.--At the request of the Director, a contractor who 
employed a Department of Energy contractor employee shall make 
available to the Director or the employee, information relevant to 
deliberations under this section.
    (g) GAO Report.--Not later than February 1, 2002, the Comptroller 
General shall submit a report to the Congress evaluating the 
implementation by the Department of Energy of the provisions of this 
subtitle and of the effectiveness of the program under this subtitle in 
providing compensation to Department of Energy contractor employees for 
occupational illness.

                     Subtitle C--General Provisions

SEC. 3531. TREATMENT OF COMPENSATION AND BENEFITS.

    (a) In General.--Any compensation or benefits allowed, paid, or 
provided under this title--
            (1) shall not be included as income or resources for 
        purposes of determining eligibility to receive benefits 
        described in section 3803(c)(2)(C) of title 31, United States 
        Code, or the amount of those benefits; and
            (2) shall not be subject to offset under chapter 37 of 
        title 31, United States Code.
    (b) Insurance.--(1) Compensation or benefits paid or provided under 
this title shall not be considered as any form of compensation or 
reimbursement for a loss for purposes of imposing liability on an 
individual receiving the compensation or benefits to repay any 
insurance carrier for insurance payments made.
    (2) The payment or provision of compensation or benefits under this 
title shall not be treated as affecting any claim against an insurance 
carrier with respect to insurance.
    (c) Prohibition on Assignment or Attachment of Claims.--The 
provisions of section 8130 of title 5, United States Code, shall apply 
to claims under this title.
    (d) Retention of Civil Service Rights.--If a Federal employee found 
to be disabled under this title resumes employment with the Federal 
Government, the employee shall be entitled to the rights set forth in 
section 8151 of title 5, United States Code.

SEC. 3532. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

    (a) Forfeit Compensation.--Any individual convicted of a violation 
of section 1920 of title 18, United States Code, or any other Federal 
or State criminal statute relating to fraud in the application for or 
receipt of any benefit under this title or under any other Federal or 
State workers' compensation law, shall forfeit (as of the date of such 
conviction) any entitlement to any benefit under this title such 
individual would otherwise be awarded for any injury, illness or death 
covered by this title for which the time of injury was on or before the 
date of the conviction. This forfeiture shall be in addition to any 
action the Secretary of Labor takes under sections 8106 or 8129 of 
title 5, United States Code.
    (b) Dependents.--(1) Notwithstanding any other provision of law, 
except as provided under paragraph (2), compensation under this title 
shall not be paid or provided to an individual during any period during 
which such individual is confined in a jail, prison, or other penal 
institution or correctional facility, pursuant to that individual's 
conviction of an offense that constituted a felony under applicable 
law. After this period of incarceration ends, the individual shall not 
receive compensation forfeited during the period of incarceration.
    (2) If an individual has one or more dependents as defined under 
section 8110(a) of title 5, United States Code, the Secretary of Labor 
may, during the period of incarceration, pay to such dependents a 
percentage of the compensation under section 3114 that would have been 
payable to the individual computed according to the percentages set 
forth in section 8133(a) (1) through (5) of title 5, United States 
Code.
    (c) Information.--Notwithstanding section 552a of title 5, United 
States Code, or any other Federal or State law, an agency of the United 
States, a State, or a political subdivision of a State shall make 
available to the Secretary of Labor, upon written request from the 
Secretary of Labor and if the Secretary of Labor requires the 
information to carry out this section, the names and Social Security 
account numbers of individuals confined, for conviction of a felony, in 
a jail, prison, or other penal institution or correctional facility 
under the jurisdiction of that agency.

SEC. 3533. LIMITATION ON RIGHT TO RECEIVE BENEFITS.

    (a) Claimant.--A claimant who receives compensation for any claim 
under this title, except for compensation provided under the authority 
of section 8103(b) of title 5, United States Code, shall not receive 
compensation for any other claim under this title.
    (b) Survivor.--If a survivor receives compensation for any claim 
under this title derived from a covered employee, except for 
compensation provided under the authority of section 8103(b) of title 
5, United States Code, such survivor shall not receive compensation for 
any other claim under this title derived from the same covered 
employee. A survivor of a claimant who receives compensation for any 
claim under this title, except for compensation provided under the 
authority of section 8103(b) of title 5, United States Code, shall not 
receive compensation for any other claim under this title derived from 
the same covered employee.
    (c) Widow or Widower.--A widow or widower who is eligible for 
benefits under this title derived from more than one husband or wife 
shall elect one benefit to receive.

SEC. 3534. COORDINATION OF BENEFITS--STATE WORKERS' COMPENSATION.

    (a) In General.--An individual who is eligible to receive 
compensation under this title because of a cancer (including a 
specified cancer), chronic silicosis, covered beryllium illness, or 
death and who is also entitled to receive benefits because of the same 
cancer (including a specified cancer), chronic silicosis, covered 
beryllium illness, or death from a State workers' compensation system 
shall elect which such benefits to receive, unless--
            (1) at the time of injury, workers' compensation coverage 
        for the employee was secured by a policy or contract of 
        insurance; and
            (2) the Secretary of Labor waives the requirement to make 
        such an election.
    (b) Election.--The individual shall make the election within the 
time allowed by the Secretary of Labor. The election when made is 
irrevocable and binding on all survivors of that individual.
    (c) Coordination.--Except as provided in paragraph (d), an 
individual who has been awarded compensation under this title and who 
also has received benefits from a State workers' compensation system 
because of the same cancer (including a specified cancer), chronic 
silicosis, covered beryllium illness, or death, shall receive 
compensation as specified under this title reduced by the amount of any 
workers' compensation benefits that the individual has received under 
the State workers' compensation system as a result of the cancer 
(including a specified cancer), chronic silicosis, covered beryllium 
illness, or death attributable to the period subsequent to the 
effective date of this title, after deducting the reasonable costs, as 
determined by the Secretary of Labor, of obtaining benefits under the 
State workers' compensation system.
    (d) Waiver.--An individual described in paragraph (a) who has also 
received, under paragraph (a)(2), a waiver of the requirement to elect 
between compensation under this title and benefits under a State 
workers' compensation system shall receive compensation as specified in 
this title for the cancer (including a specified cancer), chronic 
silicosis, covered beryllium illness, or death, reduced by 80 percent 
of the net amount of any workers' compensation benefits that the 
claimant has received under a State workers' compensation system 
attributable to the period subsequent to the effective date of this 
title, after deducting the reasonable costs, as determined by the 
Secretary of Labor, of obtaining benefits under the State workers' 
compensation system.

SEC. 3535. COORDINATION OF BENEFITS--FEDERAL WORKERS' COMPENSATION.

    (a) In General.--An individual who is eligible to receive 
compensation under this title because of a cancer (including a 
specified cancer), chronic silicosis, covered beryllium illness, or 
death and who is also entitled to receive benefits because of the same 
cancer (including a specified cancer), chronic silicosis, covered 
beryllium illness, or death from another Federal workers' compensation 
system shall elect which such benefits to receive.
    (b) Election.--The individual shall make the election within the 
time allowed by the Secretary of Labor. The election when made is 
irrevocable and binding on all survivors of that individual.
    (c) Coordination.--An individual who has been awarded compensation 
under this title and who also has received benefits from another 
Federal workers' compensation system because of the same cancer 
(including a specified cancer), chronic silicosis, covered beryllium 
illness, or death, shall receive compensation as specified under this 
title reduced by the amount of any workers' compensation benefits that 
the individual has received under the other Federal workers' 
compensation system as a result of the cancer (including a specified 
cancer), chronic silicosis, covered beryllium illness, or death.

SEC. 3536. RECEIPT OF BENEFITS--OTHER STATUTES.

    An individual may not receive compensation under this title for 
cancer and also receive compensation under the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) or the Radiation-Exposed 
Veterans Compensation Act (38 U.S.C. 112(c)).

SEC. 3537. DUAL COMPENSATION--FEDERAL EMPLOYEES.

    (a) Limitation.--While a Federal employee is receiving compensation 
under this title, or such employee has been paid a lump sum in 
commutation of installment payments until the expiration of the period 
during which the installment payments would have continued, such 
employee may not receive salary, pay, or remuneration of any type from 
the United States, except--
            (1) in return for service actually performed;
            (2) pension for service in the Army, Navy or Air Force;
            (3) other benefits administrated by the Department of 
        Veterans Affairs unless such benefits are payable for the same 
        covered illness or the same death; and
            (4) retired pay, retirement pay, retainer pay, or 
        equivalent pay for service in the Armed Forces or other 
        uniformed service.
However, eligibility for or receipt of benefits under subchapter III of 
chapter 83 of title 5, United States Code, or another retirement system 
for employees of the Government, does not impair the right of the 
employee to compensation for scheduled disabilities specified by 
section 8107 of title 5, United States Code.

SEC. 3538. DUAL COMPENSATION--OTHER EMPLOYEES.

    An individual entitled to receive compensation under this title 
because of a cancer (including a specified cancer), chronic silicosis, 
covered beryllium illness, or death covered by this title of a covered 
employee, who also is entitled to receive from the United States under 
a provision of a statute other than this title payments or benefits for 
that injury, illness or death (except proceeds of an insurance policy), 
because of service by such employee (or in the case of death, by the 
deceased) as an employee or in the Armed Forces, shall elect which 
benefits to receive. The individual shall make the election within the 
time allowed by the Secretary of Labor. The election when made is 
irrevocable, except as otherwise provided by statute.

SEC. 3539. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES, 
              CONTRACTORS, AND SUBCONTRACTORS.

    (a) In General.--The liability of the United States or an 
instrumentality of the United States under this title with respect to a 
cancer (including a specified cancer), chronic silicosis, covered 
beryllium illness, or death of a covered employee is exclusive and 
instead of all other liability--
            (1) of--
                    (A) the United States;
                    (B) any instrumentality of the United States;
                    (C) a contractor that contracted with the 
                Department of Energy to provide management and 
                operation, management and integration, or environmental 
                remediation of a Department of Energy facility (in its 
                capacity as a contractor);
                    (D) a subcontractor that provided services, 
                including construction, at a Department of Energy 
                facility (in its capacity as a subcontractor); and
                    (E) an employee, agent, or assign of an entity 
                specified in subparagraphs (A) through (D);
            (2) to--
                    (A) the covered employee;
                    (B) the covered employee's legal representative, 
                spouse, dependents, survivors and next of kin; and
                    (C) any other person, including any third party as 
                to whom the covered employee has a cause of action 
                relating to the cancer (including a specified cancer), 
                chronic silicosis, covered beryllium illness, or death, 
                otherwise entitled to recover damages from the United 
                States, the instrumentality, the contractor, the 
                subcontractor, or the employee, agent, or assign of one 
                of them;
because of the cancer (including a specified cancer), chronic 
silicosis, covered beryllium illness, or death in any proceeding or 
action including a direct judicial proceeding, a civil action, a 
proceeding in admiralty, or a proceeding under a tort liability statute 
or the common law.
    (b) Applicability.--This section applies to all cases filed on 
after July 31, 2000.
    (c) Workers' Compensation.--This section does not apply to an 
administrative or judicial proceeding under a State or Federal workers' 
compensation statute subject to sections 3534 through 3538.

SEC. 3540 ELECTION OF REMEDY AGAINST BERYLLIUM VENDORS AND ATOMIC 
              WEAPONS EMPLOYERS.

    (a) Beryllium Vendors.--If an individual elects to accept payment 
under this title with respect to a covered beryllium illness or death 
of a covered employee, that acceptance of payment shall be in full 
settlement of all tort claims related to such covered beryllium illness 
or death--
            (1) against--
                    (A) a beryllium vendor or a contractor or 
                subcontractor of a beryllium vendor; and
                    (B) an employee, agent, or assign of a beryllium 
                vendor or of a contractor or subcontractor of a 
                beryllium vendor;
            (2) by--
                    (A) that individual;
                    (B) that individual's legal representative, spouse, 
                dependents, survivors, and next of kin; and
                    (C) any other person, including any third party as 
                to whom a covered employee has a cause of action 
                relating to the covered beryllium illness or death, 
                otherwise entitled to recover damages from the 
                beryllium vendor, the contractor or subcontractor of 
                the beryllium vendor, or the employee, agent, or assign 
                of the beryllium vendor, of the contractor or 
                subcontractor of the beryllium vendor;
that arise out of the covered beryllium illness or death in any 
proceeding or action including a direct judicial proceeding, a civil 
action, a proceeding in admiralty, or proceeding under a tort liability 
statute or the common law.
    (b) Atomic Weapons Employer.--If an individual elects to accept 
payment under this title with respect to a cancer (including a 
specified cancer) or death of a covered employee, that acceptance of 
payment shall be in full settlement of all tort claims--
            (1) against--
                    (A) an atomic weapons employer; and
                    (B) an employee, agent, or assign of an atomic 
                weapons employer;
            (2) by--
                    (A) that individual;
                    (B) that individual's legal representative, spouse, 
                dependents, survivors, and next of kin; and
                    (C) any other person, including any third party as 
                to whom a covered employee has a cause of action 
                relating to the cancer (including a specified cancer) 
                or death, otherwise entitled to recover damages from 
                the atomic weapons employer, or the employee, agent, or 
                assign of the atomic weapons employer;
that arise out of the cancer (including a specified cancer) or death in 
any proceeding or action including a direct judicial proceeding, a 
civil action, a proceeding in admiralty, or proceeding under a tort 
liability statute or the common law.
    (c) Applicability.--
            (1) In general.--With respect to a case filed after the 
        date of enactment of this title, alleging liability of--
                    (A) a beryllium vendor or a contractor or 
                subcontractor of a beryllium vendor for a covered 
                beryllium illness or death of a covered beryllium 
                employee; or
                    (B) an atomic weapons employer for a cancer 
                (including a specified cancer) or death of a covered 
                employee;
        the plaintiff shall not be eligible for benefits under this 
        title unless the plaintiff files such case within the 
        applicable time limits in paragraph (2).
            (2) Time limits.--
                    (A) Suits against beryllium vendors.--Except as 
                provided in subparagraph (B), a case described in 
                paragraph (1)(A) shall be filed not later than the 
                later of--
                            (i) 180 days after the date of enactment of 
                        this title; or
                            (ii) 180 days after the date the plaintiff 
                        first becomes aware that a covered beryllium 
                        illness or death of a covered beryllium 
                        employee may be connected to the exposure of 
                        the covered employee to beryllium in the 
                        performance of duty.
                    (B) New diagnoses.--A new period of limitation 
                under subparagraph (A)(ii) shall commence with each new 
                diagnosis of a covered beryllium illness that is 
                different from a previously diagnosed covered beryllium 
                illness.
                    (C) Suits against atomic weapons employers.--Except 
                as provided in subparagraph (D), a case described in 
                paragraph (1)(B) shall be filed not later than the 
                later of--
                            (i) 180 days after the date of enactment of 
                        this title; or
                            (ii) 180 days after the date the plaintiff 
                        first becomes aware that a cancer (including a 
                        specified cancer) or death of a covered 
                        employee may be connected to the exposure of 
                        the covered employee to radiation in the 
                        performance of duty.
                    (D) New diagnoses.--A new period of limitation 
                under subparagraph (C)(ii) shall commence with each new 
                diagnosis of a cancer (including a specified cancer) 
                that is different from a previously diagnosed cancer.
    (c) Workers' Compensation.--This section does not apply to an 
administrative or judicial proceeding under a State or Federal workers' 
compensation statute subject to sections 3534 through 3538.

SEC. 3541. SUBROGATION OF THE UNITED STATES.

    (a) In General.--If a cancer (including a specified cancer), 
covered beryllium illness, chronic silicosis, disability, or death for 
which compensation is payable under this title is caused under 
circumstances creating a legal liability in a person other than the 
United States to pay damages, sections 8131 and 8132 of title 5, United 
States Code, shall apply, except to the extent specified in this title.
    (b) Appearance of Employee.--For the purposes of this title, the 
provision in section 8131 of title 5, United States Code, that provides 
that an employee required to appear as a party or witness in the 
prosecution of an action described in that section is in an active duty 
status while so engaged shall only apply to a Federal employee.

SEC. 3542. ENERGY EMPLOYEES' OCCUPATIONAL ILLNESS COMPENSATION FUND.

    (a) Establishment.--There is hereby established on the books of the 
Treasury a fund to be known as the Energy Employees' Occupational 
Illness Compensation Fund. The Secretary of the Treasury shall transfer 
to the Fund from the general fund of the Treasury the amounts necessary 
to carry out the purposes of this title.
    (b) Use of the Fund.--Amounts in the Fund shall be used for the 
payment of compensation under this title and other benefits and 
expenses authorized by this title or any extension or application 
thereof, and for payment of all expenses of the administration of this 
title.
    (c) Cost Determinations.--(1) Within 45 days of the end of every 
quarter of every fiscal year, the Secretary of Labor shall determine 
the total costs of compensation, benefits, administrative expenses, and 
other payments made from the Fund during the quarter just ended; the 
end-of-quarter balance in the Fund; and the amount anticipated to be 
needed during the immediately succeeding two quarters for the payment 
of compensation, benefits, and administrative expenses under this 
title.
    (2) In making the determination under paragraph (1), the Secretary 
of Labor shall include, without amendment, information provided by the 
Secretary of Energy and the Secretary of Health and Human Services on 
the total costs and amounts anticipated to be needed for their 
activities under this title.
    (3) Each cost determination made in the last quarter of the fiscal 
year under paragraph (1) shall show, in addition, the total costs of 
compensation, benefits, administrative expenses, and other payments 
from the Fund during the preceding 12-month expense period and an 
estimate of the expenditures from the Fund for the payment of 
compensation, benefits, administrative expenses, and other payments for 
each of the immediately succeeding two fiscal years.
    (d) Assuring Available Balance in the Fund.--Upon application of 
the Secretary of Labor, the Secretary of the Treasury shall advance 
such sums from the Treasury as are projected by the Secretary of Labor 
to be necessary, for the period of time equaling the date of a 
projected deficiency in the Fund through 90 days following the end of 
the fiscal year, for the payment of compensation and other benefits and 
expenses authorized by this title or any extension or application 
thereof, and for payment of all expenses of administering this title.

SEC. 3543. EFFECTIVE DATE.

    This title is effective upon enactment, and applies to all claims, 
civil actions, and proceedings pending on, or filed on or after, the 
date of enactment of this title.

SEC. 3544. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 1920 of title 18 is amended by inserting in the title 
``or Energy employee's'' after ``Federal employee's'' and by inserting 
``or the Energy Employees' Occupational Illness Compensation Act of 
2000'' after ``title 5''.
    (b) Section 1921 of title 18 is amended by inserting in the title 
``or Energy employees'' after ``Federal employees'' and by inserting 
``or the Energy Employees' Occupational Illness Compensation Act of 
2000'' after ``title 5''.
    (c) Section 210(a)(1) of the Energy Reorganization Act of 1974 (42 
U.S.C. 5851(a)(1)) is amended by--
            (1) in subparagraph (E), striking ``or;'' and inserting 
        ``;'',
            (2) in subparagraph (F), striking the period and inserting 
        ``; or'', and
            (3) after subparagraph (F) inserting a new subparagraph as 
        follows:
                    ``(G) filed an application for benefits or 
                assistance under the Energy Employees Occupational 
                Illness Compensation Act of 2000''.
    (d) Title II of the Department of Energy Organization Act (P.L. 95-
91) is amended by adding at the end of the title the following:

               ``office of workers' compensation advocate

    ``Sec. 217. (a) There shall be within the Department an Office of 
Workers' Compensation Advocate. The Office shall be headed by a 
Director who shall be appointed by the Secretary. The Director shall be 
compensated at the rate provided for in level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    ``(b) The Director shall be responsible for providing information, 
research reports, and studies to support the implementation of the 
Energy Employees' Occupational Illness Compensation Act of 2000. Not 
later than 90 days after the date of enactment of this section, the 
Director shall enter into memoranda of agreement to provide for 
coordination of the efforts of the office with the Department of Labor 
and the Department of Health and Human Services.
    ``(c) The Director shall coordinate efforts within the Department 
to collect and make available to present and former employees of the 
Department and its predecessor agencies, present and former employees 
of contractors and subcontractors to the Department and its predecessor 
agencies, and other individuals who are or were present at facilities 
owned or operated by the Department or its predecessor agencies 
information on occupational conditions and exposures to health hazards. 
Such information shall include information on substances and their 
chemical forms to which employees may have been exposed, records and 
studies relevant to determining occupational hazards, raw dosimetry and 
industrial hygiene data, results from medical screening programs, 
accident and other relevant occurrence reports, and reports, 
assessments, or reviews by contractors, consultants, or external 
entities relevant to assessing risk of occupational hazards or illness.
    ``(d) If the Director determines that--
            ``(1) an entity within the Department or an entity that is 
        the recipient of a Departmental grant, contract, or cooperative 
        agreement possesses information necessary to carry out the 
        provisions of the Energy Employees' Occupational Illness 
        Compensation Act of 2000; and
            ``(2) the production and sharing of that information under 
        the provisions of the Energy Employees' Occupational Illness 
        Compensation Act of 2000 is being unreasonably delayed;
the Director shall have the authority, notwithstanding section 3213 of 
the National Nuclear Security Administration Act, to direct such entity 
to produce expeditiously such information in accordance with the 
provisions of this section and the Energy Employees' Occupational 
Illness Compensation Act of 2000.
    ``(e) The Director shall take actions to inform and assist 
potential claimants under the Energy Employees' Occupational Illness 
Compensation Act of 2000, pursuant to section 3515(e) of such Act.''.

            Passed the Senate July 13, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2552

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 2001 for defense activities 
          of the Department of Energy, and for other purposes.

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