S. 1417 (107th): Department of Energy National Security Act for Fiscal Year 2002

107th Congress, 2001–2002. Text as of Oct 02, 2001 (Passed the Senate (Engrossed)).

Status & Summary | PDF | Source: GPO

S 1417 ES

107th CONGRESS

1st Session

S. 1417


AN ACT

To authorize appropriations for fiscal year 2002 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 2002’.

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. Defense nuclear waste disposal.

Subtitle B--Recurring General Provisions

      Sec. 3121. Reprogramming.

      Sec. 3122. Limits on minor construction 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.

      Sec. 3130. Transfer of weapons activities funds.

Subtitle C--Program Authorizations, Restrictions, and Limitations

      Sec. 3131. Limitation on availability of funds for weapons activities for facilities and infrastructure.

      Sec. 3132. Limitation on availability of funds for other defense activities for national security programs administrative support.

      Sec. 3133. Nuclear Cities Initiative.

      Sec. 3134. Construction of Department of Energy operations office complex.

Subtitle D--Matters Relating to Management of National Nuclear Security Administration

      Sec. 3141. Establishment of position of Deputy Administrator for Nuclear Security.

      Sec. 3142. Responsibility for national security laboratories and weapons production facilities of Deputy Administrator of National Nuclear Security Administration for Defense Programs.

      Sec. 3143. Clarification of status within the Department of Energy of administration and contractor personnel of the National Nuclear Security Administration.

      Sec. 3144. Modification of authority of Administrator for Nuclear Security to establish scientific, engineering, and technical positions.

Subtitle E--Other Matters

      Sec. 3151. Improvements to Energy Employees Occupational Illness Compensation Program.

      Sec. 3152. Department of Energy counterintelligence polygraph program.

      Sec. 3153. One-year extension of authority of Department of Energy to pay voluntary separation incentive payments.

      Sec. 3154. Additional objective for Department of Energy defense nuclear facility work force restructuring plan.

      Sec. 3155. Modification of date of report of Panel to Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile.

      Sec. 3156. Reports on achievement of milestones for National Ignition Facility.

      Sec. 3157. Support for public education in the vicinity of Los Alamos National Laboratory, New Mexico.

      Sec. 3158. Improvements to Corral Hollow Road, Livermore, California.

      Sec. 3159. Annual assessment and report on vulnerability of Department of Energy facilities to terrorist attack.

Subtitle F--Rocky Flats National Wildlife Refuge

      Sec. 3171. Short title.

      Sec. 3172. Findings and purposes.

      Sec. 3173. Definitions.

      Sec. 3174. Future ownership and management.

      Sec. 3175. Transfer of management responsibilities and jurisdiction over Rocky Flats.

      Sec. 3176. Continuation of environmental cleanup and closure.

      Sec. 3177. Rocky Flats National Wildlife Refuge.

      Sec. 3178. Comprehensive conservation plan.

      Sec. 3179. Property rights.

      Sec. 3180. Rocky Flats Museum.

      Sec. 3181. Report on funding.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

      Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

      Sec. 3301. Authority to dispose of certain materials in the National Defense Stockpile.

      Sec. 3302. Revision of limitations on required disposals of cobalt in the National Defense Stockpile.

      Sec. 3303. Acceleration of required disposal of cobalt in the National Defense Stockpile.

      Sec. 3304. Revision of restriction on disposal of manganese ferro.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

      Sec. 3401. Authorization of appropriations.

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- Subject to subsection (b), funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $7,351,721,000, to be allocated as follows:

      (1) WEAPONS ACTIVITIES- For weapons activities, $5,481,795,000, to be allocated as follows:

        (A) For stewardship operation and maintenance, $4,687,443,000, to be allocated as follows:

          (i) For directed stockpile work, $1,016,922,000.

          (ii) For campaigns, $2,137,300,000, to be allocated as follows:

            (I) For operation and maintenance, $1,767,328,000.

            (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), $369,972,000, to be allocated as follows:

Project 01-D-101, distributed information systems laboratory, Sandia National Laboratories, Livermore, California, $5,400,000.

Project 00-D-103, terascale simulation facility, Lawrence Livermore National Laboratory, Livermore, California, $22,000,000.

Project 00-D-105, strategic computing complex, Los Alamos National Laboratory, Los Alamos, New Mexico, $11,070,000.

Project 00-D-107, joint computational engineering laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $5,377,000.

Project 98-D-125, tritium extraction facility, Savannah River Plant, Aiken, South Carolina, $81,125,000.

Project 96-D-111, national ignition facility (NIF), Lawrence Livermore National Laboratory, Livermore, California, $245,000,000.

          (iii) For readiness in technical base and facilities, $1,533,221,000, to be allocated as follows:

            (I) For operation and maintenance, $1,356,107,000.

            (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), $177,114,000, to be allocated as follows:

Project 02-D-101, microsystems and engineering sciences applications (MESA), Sandia National Laboratories, Albuquerque, New Mexico, $39,000,000.

Project 02-D-103, project engineering and design (PE&D), various locations, $31,130,000.

Project 02-D-107, electrical power systems safety communications and bus upgrades, Nevada Test Site, Nevada, $3,507,000.

Project 01-D-103, preliminary project design and engineering, various locations, $16,379,000.

Project 01-D-124, highly enriched uranium (HEU) materials storage facility, Y-12 Plant, Oak Ridge, Tennessee, $0.

Project 01-D-126, weapons evaluation test laboratory, Pantex Plant, Amarillo, Texas, $7,700,000.

Project 01-D-800, sensitive compartmented information facility, Lawrence Livermore National Laboratory, Livermore, California, $12,993,000.

Project 99-D-103, isotope sciences facilities, Lawrence Livermore National Laboratory, Livermore, California, $4,400,000.

Project 99-D-104, protection of real property (roof reconstruction, phase II), Lawrence Livermore National Laboratory, Livermore, California, $2,800,000.

Project 99-D-106, model validation and system certification center, Sandia National Laboratories, Albuquerque, New Mexico, $4,955,000.

Project 99-D-108, renovation of existing roadways, Nevada Test Site, Nevada, $2,000,000.

Project 99-D-125, replace boilers and controls, Kansas City Plant, Kansas City, Missouri, $300,000.

Project 99-D-127, stockpile management restructuring initiative, Kansas City Plant, Kansas City, Missouri, $22,200,000.

Project 99-D-128, stockpile management restructuring initiative, Pantex Plant, Amarillo, Texas, $3,300,000.

Project 98-D-123, stockpile management restructuring initiative, tritium facility modernization and consolidation, Savannah River Plant, Aiken, South Carolina, $13,700,000.

Project 98-D-124, stockpile management restructuring initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee, $6,850,000.

Project 97-D-123, structural upgrades, Kansas City Plant, Kansas City, Missouri, $3,000,000.

Project 96-D-102, stockpile stewardship facilities revitalization, Phase VI, various locations, $2,900,000.

        (B) For secure transportation asset, $77,571,000, to be allocated for operation and maintenance.

        (C) For safeguards and security, $448,881,000, to be allocated as follows:

          (i) For operation and maintenance, $439,281,000.

          (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), $9,600,000, to be allocated as follows:

            Project 99-D-132, stockpile management restructuring initiative, nuclear material safeguards and security upgrade project, Los Alamos National Laboratory, Los Alamos, New Mexico, $9,600,000.

        (D) For facilities and infrastructure, $267,900,000.

      (2) DEFENSE NUCLEAR NONPROLIFERATION- For other nuclear security activities, $872,500,000, to be allocated as follows:

        (A) For nonproliferation and verification research and development, $258,161,000, to be allocated as follows:

          (i) For operation and maintenance, $222,355,000.

          (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), $35,806,000, to be allocated as follows:

            Project 00-D-192, nonproliferation and international security center (NISC), Los Alamos National Laboratory, Los Alamos, New Mexico, $35,806,000.

        (B) For arms control, $138,000,000.

        (C) For international materials protection, control, and accounting, $143,800,000.

        (D) For highly enriched uranium transparency implementation, $13,950,000.

        (E) For international nuclear safety, $19,500,000.

        (F) For fissile materials control and disposition, $299,089,000, to be allocated as follows:

          (i) For United States surplus fissile materials disposition, $233,089,000, to be allocated as follows:

            (I) For operation and maintenance, $130,089,000.

            (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), $103,000,000, to be allocated as follows:

Project 01-D-142, immobilization and associated processing facility, (Title I and II design), Savannah River Site, Aiken, South Carolina, $0.

Project 01-D-407, highly enriched uranium blend-down, Savannah River Site, Aiken, South Carolina, $24,000,000.

Project 99-D-141, pit disassembly and conversion facility (Title I and II design), Savannah River Site, Aiken, South Carolina, $16,000,000.

Project 99-D-143, mixed oxide fuel fabrication facility (Title I and II design), Savannah River Site, Aiken, South Carolina, $63,000,000.

          (ii) For Russian fissile materials disposition, $66,000,000.

      (3) NAVAL REACTORS- For naval reactors, $688,045,000, to be allocated as follows:

        (A) For naval reactors development, $665,445,000, to be allocated as follows:

          (i) For operation and maintenance, $652,245,000.

          (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), $13,200,000, to be allocated as follows:

            Project 01-D-200, major office replacement building, Schenectady, New York, $9,000,000.

            Project 90-N-102, expended core facility dry cell project, Naval Reactors Facility, Idaho, $4,200,000.

        (B) For program direction, $22,600,000.

      (4) OFFICE OF ADMINISTRATOR FOR NUCLEAR SECURITY- For the Office of the Administrator for Nuclear Security, and for program direction for the National Nuclear Security Administration (other than for naval reactors), $380,366,000.

    (b) ADJUSTMENTS- The amount authorized to be appropriated by subsection (a) is hereby reduced by $70,985,000, as follows:

      (1) The amount authorized to be appropriated by paragraph (1) of that subsection is hereby reduced by $28,985,000, which is to be derived from offsets and use of prior year balances.

      (2) The amount authorized to be appropriated by paragraph (2) of that subsection is hereby reduced by $42,000,000, which is to be derived from use of prior year balances.

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 2002 for environmental restoration and waste management activities in carrying out programs necessary for national security in the amount of $6,047,617,000, 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), $1,080,538,000.

      (2) SITE/PROJECT COMPLETION- For site completion and project completion in carrying out environmental management activities necessary for national security programs, $943,196,000, to be allocated as follows:

        (A) For operation and maintenance, $919,030,000.

        (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), $24,166,000, to be allocated as follows:

          Project 02-D-402, Intec cathodic protection system expansion, Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho, $3,256,000.

          Project 01-D-414, preliminary project engineering and design (PE&D), various locations, $6,254,000.

          Project 99-D-402, tank farm support services, F&H areas, Savannah River Site, Aiken, South Carolina, $5,040,000.

          Project 99-D-404, health physics instrumentation laboratory, Idaho National Engineering and Environmental Laboratories, Idaho Falls, Idaho, $2,700,000.

          Project 98-D-453, plutonium stabilization and handling system for plutonium finishing plant, Richland, Washington, $1,910,000.

          Project 96-D-471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit, Savannah River Site, Aiken, South Carolina, $4,244,000.

          Project 92-D-140, F&H canyon exhaust upgrades, Savannah River Site, Aiken, South Carolina, $0.

          Project 86-D-103, decontamination and waste treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $762,000.

      (3) POST-2006 COMPLETION- For post-2006 completion in carrying out environmental restoration and waste management activities necessary for national security programs, $3,245,201,000, to be allocated as follows:

        (A) For operation and maintenance, $1,955,979,000.

        (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), $6,754,000, to be allocated as follows:

          Project 93-D-187, high-level waste removal from filled waste tanks, Savannah River Site, Aiken, South Carolina, $6,754,000.

        (C) For the Office of River Protection in carrying out environmental restoration and waste management activities necessary for national security programs, $862,468,000, to be allocated as follows:

          (i) For operation and maintenance, $322,151,000.

          (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), $540,317,000, to be allocated as follows:

            Project 01-D-416, waste treatment and immobilization plant, Richland, Washington, $500,000,000.

            Project 97-D-402, tank farm restoration and safe operations, Richland, Washington, $33,473,000.

            Project 94-D-407, initial tank retrieval systems, Richland, Washington, $6,844,000.

      (4) SCIENCE AND TECHNOLOGY DEVELOPMENT- For science and technology development in carrying out environmental restoration and waste management activities necessary for national security programs, $216,000,000.

      (5) EXCESS FACILITIES- For excess facilities in carrying out environmental restoration and waste management activities necessary for national security programs, $1,300,000.

      (6) SAFEGUARDS AND SECURITY- For safeguards and security in carrying out environmental restoration and waste management activities necessary for national security programs, $205,621,000.

      (7) PROGRAM DIRECTION- For program direction in carrying out environmental restoration and waste management activities necessary for national security programs, $355,761,000.

    (b) ADJUSTMENT- The total amount authorized to be appropriated by subsection (a) is the sum of the amounts authorized to be appropriated by paragraphs (2) through (7) of that subsection, reduced by $42,161,000, to be derived from offsets and use of prior year balances.

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 2002 for other defense activities in carrying out programs necessary for national security in the amount of $512,195,000, to be allocated as follows:

      (1) INTELLIGENCE- For intelligence, $40,844,000.

      (2) COUNTERINTELLIGENCE- For counterintelligence, $46,389,000.

      (3) SECURITY AND EMERGENCY OPERATIONS- For security and emergency operations, $247,565,000, to be allocated as follows:

        (A) For nuclear safeguards and security, $121,188,000.

        (B) For security investigations, $44,927,000.

        (C) For program direction, $81,450,000.

      (4) INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE- For independent oversight and performance assurance, $14,904,000.

      (5) ENVIRONMENT, SAFETY, AND HEALTH- For the Office of Environment, Safety, and Health, $114,600,000, to be allocated as follows:

        (A) For environment, safety, and health (defense), $91,307,000.

        (B) For program direction, $23,293,000.

      (6) WORKER AND COMMUNITY TRANSITION ASSISTANCE- For worker and community transition assistance, $20,000,000, to be allocated as follows:

        (A) For worker and community transition, $18,000,000.

        (B) For program direction, $2,000,000.

      (7) OFFICE OF HEARINGS AND APPEALS- For the Office of Hearings and Appeals, $2,893,000.

      (8) NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT- For national security programs administrative support, $25,000,000.

    (b) ADJUSTMENTS-

      (1) SECURITY AND EMERGENCY OPERATIONS, FOR PROGRAM DIRECTION- The amount authorized to be appropriated pursuant to subsection (a)(3)(B) is reduced by $712,000 to reflect an offset provided by user organizations for security investigations.

      (2) OTHER- The total amount authorized to be appropriated pursuant to paragraphs (1), (2), (4), (5), (6), (7), and (8) of subsection (a) is hereby reduced by $10,000,000 to reflect use of prior year balances.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for privatization initiatives in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $157,537,000, to be allocated as follows:

      Project 02-PVT-1, Paducah disposal facility, Paducah, Kentucky, $13,329,000.

      Project 02-PVT-2, Portsmouth disposal facility, Portsmouth, Ohio, $2,000,000.

      Project 98-PVT-2, spent nuclear fuel dry storage, Idaho Falls, Idaho, $49,332,000.

      Project 98-PVT-5, environmental management/waste management disposal, Oak Ridge, Tennessee, $26,065,000.

      Project 97-PVT-2, advanced mixed waste treatment project, Idaho Falls, Idaho, $56,000,000.

      Project 97-PVT-3, transuranic waste treatment, Oak Ridge, Tennessee, $10,826,000.

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 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 $250,000,000.

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) $2,000,000 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 MINOR CONSTRUCTION PROJECTS.

    (a) IN GENERAL- The Secretary of Energy may carry out any minor construction project using operation and maintenance funds, or facilities and infrastructure funds, authorized by this title.

    (b) ANNUAL REPORT- The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding year. Each report shall give a brief description of each minor construction project covered by such report.

    (c) MINOR CONSTRUCTION PROJECT DEFINED- In this section, the term ‘minor construction project’ means any plant project not specifically authorized by law if the approved total estimated cost of the plant project does not exceed $5,000,000.

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 minor 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, engineering, and construction design, and for plant projects, under sections 3101, 3102, 3103, and 3104 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 2004.

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) Not more than three transfers 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 in any one transfer under subsection (a) may not exceed $5,000,000.

    (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 paragraph (2) or (3) 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, 2001, and ending on September 30, 2002.

SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.

    (a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES FUNDS- The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer weapons activities funds from a program or project under the jurisdiction of the office to another such program or project.

    (b) LIMITATIONS- (1) Not more than three transfers 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 in any one transfer under subsection (a) may not exceed $5,000,000.

    (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 weapons activities 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 Administrator for Nuclear Security, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.

    (e) DEFINITIONS- In this section:

      (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 3101(1).

        (B) A program or project not described in subparagraph (A) that is for weapons activities necessary for national security programs of the Department, that is being carried out by the office, and for which weapons activities funds have been authorized and appropriated before the date of the enactment of this Act.

      (2) The term ‘weapons activities funds’ means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons 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, 2001, and ending on September 30, 2002.

Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS ACTIVITIES FOR FACILITIES AND INFRASTRUCTURE.

    Not more than 50 percent of the funds authorized to be appropriated by section 3101(a)(1)(D) for the National Nuclear Security Administration for weapons activities for facilities and infrastructure may be obligated or expended until the Administrator for Nuclear Security submits to the congressional defense committees a report setting forth the following:

      (1) Criteria for the selection of projects to be carried out using such funds.

      (2) Criteria for establishing priorities among projects so selected.

      (3) A list of the projects so selected, including the priority assigned to each such project.

SEC. 3132. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER DEFENSE ACTIVITIES FOR NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT.

    Not more than $5,000,000 of the funds authorized to be appropriated by section 3103(a)(8) for other defense activities for national security programs administrative support may be obligated or expended until the later of the following:

      (1) The date on which the Secretary of Energy submits to Congress a report setting forth the purposes for which such funds will be obligated and expended.

      (2) The date on which the Administrator for Nuclear Security submits to Congress the future-years nuclear security program for fiscal year 2002 required by section 3253 of the National Nuclear Security Administration Act (title XXXII of Public Law 106-35; 50 U.S.C. 2453).

SEC. 3133. NUCLEAR CITIES INITIATIVE.

    (a) LIMITATIONS ON USE OF FUNDS- No funds authorized to be appropriated for the Nuclear Cities Initiative after fiscal year 2001 may be obligated or expended with respect to more than three nuclear cities, or more than two serial production facilities in Russia, until 30 days after the Administrator for Nuclear Security submits to the appropriate congressional committees an agreement signed by the Russian Federation on access under the Nuclear Cities Initiative to the ten closed nuclear cities and four serial production facilities of the Nuclear Cities Initiative.

    (b) ANNUAL REPORT- (1) Not later than the first Monday in February each year, the Administrator shall submit to the appropriate congressional committees a report on financial and programmatic activities with respect to the Nuclear Cities Initiative during the preceding fiscal year.

    (2) Each report shall include, for the fiscal year covered by such report, the following:

      (A) A list of each project that is or was completed, ongoing, or planned under the Nuclear Cities Initiative during such fiscal year.

      (B) For each project listed under subparagraph (A), information, current as of the end of such fiscal year, on the following:

        (i) The purpose of such project.

        (ii) The budget for such project.

        (iii) The life-cycle costs of such project.

        (iv) Participants in such project.

        (v) The commercial viability of such project.

        (vi) The number of jobs in Russia created or to be created by or through such project.

        (vii) Of the total amount of funds spent on such project, the percentage of such amount spent in the United States and the percentage of such amount spent overseas.

      (C) A certification by the Administrator that each project listed under subparagraph (A) did contribute, is contributing, or will contribute, as the case may be, to the downsizing of the nuclear weapons complex in Russia, together with a description of the evidence utilized to make such certification.

    (c) DEFINITIONS- In this section:

      (1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees means’ the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

      (2) NUCLEAR CITIES INITIATIVE- 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.

      (3) NUCLEAR CITY- The term ‘nuclear city’ means any of the nuclear cities within the complex of the Russia Ministry of Atomic Energy (MINATOM) as follows:

        (A) Sarov (Arzamas-16 and Avangard).

        (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).

SEC. 3134. CONSTRUCTION OF DEPARTMENT OF ENERGY OPERATIONS OFFICE COMPLEX.

    (a) AUTHORITY FOR DESIGN AND CONSTRUCTION- Subject to subsection (b), the Secretary of Energy may provide for the design and construction of a new operations office complex for the Department of Energy 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 Secretary may not exercise the authority in subsection (a) until the date on which the Secretary certifies to Congress that the feasibility study referred to in subsection (a) is consistent with the plan submitted under section 3153(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-465).

    (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--Matters Relating to Management of National Nuclear Security Administration

SEC. 3141. ESTABLISHMENT OF POSITION OF DEPUTY ADMINISTRATOR FOR NUCLEAR SECURITY.

    (a) ESTABLISHMENT OF POSITION- Subtitle A of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 50 U.S.C. 2401 et seq.) is amended--

      (1) by redesignating section 3213 as section 3219 and transferring such section, as so redesignated, to the end of the subtitle; and

      (2) by inserting after section 3212 the following new section 3213:

‘SEC. 3213. DEPUTY ADMINISTRATOR FOR NUCLEAR SECURITY.

    ‘(a) IN GENERAL- There is in the Administration a Deputy Administrator for Nuclear Security, who is appointed by the President, by and with the advice and consent of the Senate.

    ‘(b) DUTIES- (1) The Deputy Administrator shall be the principal assistant to the Administrator in carrying out the responsibilities of the Director under this title, and shall act for, and exercise the powers and duties of, the Administrator when the Administrator is disabled or there is no Administrator for Nuclear Security.

    ‘(2) Subject to the authority, direction, and control of the Administrator, the Deputy Administrator shall perform such duties, and exercise such powers, relating to the functions of the Administration as the Administrator may prescribe.’.

    (b) PAY LEVEL- Section 5314 of title 5, United States Code, is amended in the item relating to the Deputy Administrators of the National Nuclear Security Administration--

      (1) by striking ‘(3)’ and inserting ‘(4)’; and

      (2) by striking ‘(2)’ and inserting ‘(3)’.

SEC. 3142. RESPONSIBILITY FOR NATIONAL SECURITY LABORATORIES AND WEAPONS PRODUCTION FACILITIES OF DEPUTY ADMINISTRATOR OF NATIONAL NUCLEAR SECURITY ADMINISTRATION FOR DEFENSE PROGRAMS.

    Section 3214 of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 113 Stat. 959; 50 U.S.C. 2404) is amended by striking subsection (c).

SEC. 3143. CLARIFICATION OF STATUS WITHIN THE DEPARTMENT OF ENERGY OF ADMINISTRATION AND CONTRACTOR PERSONNEL OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    Section 3219 of the National Nuclear Security Administration Act, as redesignated and transferred by section 3141(a)(1) of this Act, is further amended--

      (1) in subsection (a), by striking ‘Administration--’ and inserting ‘Administration, in carrying out any function of the Administration--’; and

      (2) in subsection (b), by striking ‘shall’ and inserting ‘, in carrying out any function of the Administration, shall’.

SEC. 3144. MODIFICATION OF AUTHORITY OF ADMINISTRATOR FOR NUCLEAR SECURITY TO ESTABLISH SCIENTIFIC, ENGINEERING, AND TECHNICAL POSITIONS.

    (a) INCREASE IN AUTHORIZED NUMBER OF POSITIONS- Section 3241 of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 113 Stat. 964; 50 U.S.C. 2441) is amended--

      (1) by inserting ‘(a) IN GENERAL--’ before ‘The Administrator’; and

      (2) in subsection (a), as so designated, by striking ‘300’ and inserting ‘500’.

    (b) DESIGNATION OF EXISTING PROVISIONS ON TREATMENT OF AUTHORITY- That section is further amended--

      (1) by designating the second sentence as subsection (b);

      (2) aligning the margin of that subsection, as so designated, so as to indent the text two ems; and

      (3) in that subsection, as so designated, by striking ‘Subject to the limitations in the preceding sentence,’ and inserting ‘(b) TREATMENT OF AUTHORITY- Subject to the limitations in subsection (a),’.

    (c) TREATMENT OF POSITIONS- That section is further amended by adding at the end the following new subsection:

    ‘(c) TREATMENT OF POSITIONS- A position established under subsection (a) may not be considered a Senior Executive Service position (as that term is defined in section 3132(a)(2) of title 5, United States Code), and shall not be subject to the provisions of subchapter II of chapter 31 of that title, relating to the Senior Executive Service.’.

Subtitle E--Other Matters

SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

    (a) CERTAIN LEUKEMIA AS SPECIFIED CANCER- Section 3621(17) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (title XXXVI of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-398); 114 Stat. 1654A-502), as amended by section 2403 of the Supplemental Appropriations Act, 2001 (Public Law 107-20), is further amended by adding at the end the following new subparagraph:

        ‘(D) Leukemia (other than chronic lymphocytic leukemia), if initial occupation exposure occurred before 21 years of age and onset occurred more than two years after initial occupational exposure.’.

    (b) ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT- Section 3626(b) of that Act (114 Stat. 1654A-505) is amended in the matter preceding paragraph (1) by inserting after ‘Department of Energy facility’ the following: ‘, or at an atomic weapons employer facility,’.

    (c) ESTABLISHMENT OF CHRONIC SILICOSIS- Section 3627(e)(2)(A) of that Act (114 Stat. 1654A-506) is amended by striking ‘category 1/1’ and inserting ‘category 1/0’.

    (d) SURVIVORS-

      (1) IN GENERAL- Subsection (e) of section 3628 of that Act (114 Stat. 1654A-506) is amended to read as follows:

    ‘(e) SURVIVORS- (1) If a covered employee dies before accepting payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, the survivors of the covered employee who are living at the time of payment of compensation under this section shall receive payment of compensation under this section in lieu of the covered employee as follows:

      ‘(A) If such living survivors of the covered employee include a spouse and one or more children--

        ‘(i) the spouse shall receive one-half of the amount of compensation provided for the covered employee under this section; and

        ‘(ii) each child shall receive an equal share of the remaining one-half of the amount of the compensation provided for the covered employee under this section.

      ‘(B) If such living survivors of the covered employee include a spouse or one or more children, but not both a spouse and one or more children--

        ‘(i) the spouse shall receive the amount of compensation provided for the covered employee under this section; or

        ‘(ii) each child shall receive an equal share of the amount of the compensation provided for the covered employee under this section.

      ‘(C) If such living survivors of the covered employee do not include a spouse or any children, but do include one or both parents, one or more grandparents, one or more grandchildren, or any combination of such individuals, each such individual shall receive an equal share of the amount of the compensation provided for the covered employee under this section.

    ‘(2) For purposes of this subsection, the term ‘child’, in the case of a covered employee, means any child of the covered employee, including a natural child, adopted child, or step-child who lived with the covered employee in a parent-child relationship.’.

      (2) URANIUM EMPLOYEES- Subsection (e) of section 3630 of that Act (114 Stat. 1654A-507) is amended to read as follows:

    ‘(e) SURVIVORS- (1) If a covered uranium employee dies before accepting payment of compensation under this section, whether or not the death is the result of the covered uranium employee’s occupational illness, the survivors of the covered uranium employee who are living at the time of payment of compensation under this section shall receive payment of compensation under this section in lieu of the covered uranium employee as follows:

      ‘(A) If such living survivors of the covered uranium employee include a spouse and one or more children--

        ‘(i) the spouse shall receive one-half of the amount of compensation provided for the covered uranium employee under this section; and

        ‘(ii) each child shall receive an equal share of the remaining one-half of the amount of the compensation provided for the covered uranium employee under this section.

      ‘(B) If such living survivors of the covered uranium employee include a spouse or one or more children, but not both a spouse and one or more children--

        ‘(i) the spouse shall receive the amount of compensation provided for the covered uranium employee under this section; or

        ‘(ii) each child shall receive an equal share of the amount of the compensation provided for the covered uranium employee under this section.

      ‘(C) If such living survivors of the covered uranium employee do not include a spouse or any children, but do include one or both parents, one or more grandparents, one or more grandchildren, or any combination of such individuals, each such individual shall receive an equal share of the amount of the compensation provided for the covered uranium employee under this section.

    ‘(2) For purposes of this subsection, the term ‘child’, in the case of a covered uranium employee, means any child of the covered employee, including a natural child, adopted child, or step-child who lived with the covered employee in a parent-child relationship.’.

      (3) REPEAL OF SUPERSEDED PROVISION- Paragraph (18) of section 3621 of that Act (114 Stat. 1654A-502) is repealed.

      (4) EFFECTIVE DATE- The amendments made by this subsection shall take effect on July 1, 2001.

    (e) DISMISSAL OF PENDING SUITS- Section 3645(d) of that Act (114 Stat. 1654A-510) is amended by striking ‘the plaintiff shall not’ and all that follows through the end and inserting ‘and was not dismissed as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, the plaintiff shall be eligible for compensation or benefits under subtitle B only if the plaintiff dismisses such case not later than December 31, 2003.’.

    (f) ATTORNEY FEES- Section 3648 of that Act (114 Stat. 1654A-511) is amended--

      (1) in subsection (b)--

        (A) in paragraph (1), by striking ‘and’ at the end;

        (B) in paragraph (2), by striking the period at the end and inserting ‘; and’; and

        (C) by adding at the end the following new paragraph (3):

      ‘(3) 10 percent of any compensation paid under the claim for assisting with or representing a claimant seeking such compensation by the provision of services other than, or in addition to, services in connection with the filing of an initial claim covered by paragraph (1).’;

      (2) by redesignating subsection (c) and subsection (d); and

      (3) by inserting after subsection (b) the following new subsection (c):

    ‘(c) INAPPLICABILITY TO SERVICES PROVIDED AFTER AWARD OF COMPENSATION- This section shall not apply with respect to any representation or assistance provided to an individual awarded compensation under subtitle B after the award of compensation.’.

    (g) STUDY OF RESIDUAL CONTAMINATION OF FACILITIES- (1) The National Institute for Occupational Safety and Health shall, with the cooperation of the Department of Energy and the Department of Labor, conduct a study on the following:

      (A) Whether or not significant contamination remained in any atomic weapons employer facility or facility of a beryllium vendor after such facility discontinued activities relating to the production of nuclear weapons.

      (B) If so, whether or not such contamination could have caused or substantially contributed to the cancer of a covered employee with cancer or a covered beryllium illness, as the case may be.

    (2)(A) Not later than 180 days after the date of the enactment of this Act, the National Institute for Occupational Safety and Health shall submit to the congressional defense committees a report on the progress made as of the date of the report on the study under paragraph (1).

    (B) Not later than one year after the date of the enactment of this Act, the National Institute shall submit to the congressional defense committees a final report on the study under paragraph (1).

    (3) Amounts for the study under paragraph (1) shall be derived from amounts authorized to be appropriated by section 3614(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (114 Stat. 1654A-498).

    (4) In this subsection:

      (A) The terms ‘atomic weapons employer facility’, ‘beryllium vendor’, ‘covered employee with cancer’, and ‘covered beryllium illness’ have the meanings given those terms in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (114 Stat. 1654A-498).

      (B) The term ‘contamination’ means the presence of any material exposure to which could cause or substantially contribute to the cancer of a covered employee with cancer or a covered beryllium illness, as the case may be.

SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

    (a) INTERIM COUNTERINTELLIGENCE POLYGRAPH PROGRAM- (1) Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a plan for conducting, as part of the Department of Energy personnel assurance programs, an interim counterintelligence polygraph program consisting of polygraph examinations of Department of Energy employees, or contractor employees, at Department facilities. The purpose of examinations under the interim program is to minimize the potential for release or disclosure of classified data, materials, or information until the program required under subsection (b) is in effect.

    (2) The Secretary may exclude from examinations under the interim program any position or class of positions (as determined by the Secretary) for which the individual or individuals in such position or class of positions--

      (A) either--

        (i) operate in a controlled environment that does not afford an opportunity, through action solely by the individual or individuals, to inflict damage on or impose risks to national security; and

        (ii) have duties, functions, or responsibilities which are compartmentalized or supervised such that the individual or individuals do not impose risks to national security; or

      (B) do not have routine access to top secret Restricted Data.

    (3) The plan shall ensure that individuals who undergo examinations under the interim program receive protections as provided under part 40 of title 49, Code of Federal Regulations.

    (4) To ensure that administration of the interim program does not disrupt safe operations of a facility, the plan shall insure notification of the management of the facility at least 14 days in advance of any examination scheduled under the interim program for any employees of the facility.

    (5) The plan shall include procedures under the interim program for--

      (A) identifying and addressing so-called ‘false positive’ results of polygraph examinations; and

      (B) ensuring that adverse personnel actions not be taken against an individual solely by reason of the individual’s physiological reaction to a question in a polygraph examination, unless reasonable efforts are first made to independently determine through alternative means the veracity of the individual’s response to the question.

    (b) NEW COUNTERINTELLIGENCE POLYGRAPH PROGRAM- (1) Not later than six months after obtaining the results of the Polygraph Review, the Secretary shall prescribe a proposed rule containing requirements for a counterintelligence polygraph program for the Department of Energy. The purpose of the program is to minimize the potential for release or disclosure of classified data, materials, or information.

    (2) The Secretary shall prescribe the proposed rule under this subsection in accordance with the provisions of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedures Act).

    (3) In prescribing the proposed rule under this subsection, the Secretary may include in requirements under the proposed rule any requirement or exclusion provided for in paragraphs (2) through (5) of subsection (a).

    (4) In prescribing the proposed rule under this subsection, the Secretary shall take into account the results of the Polygraph Review.

    (c) REPEAL OF EXISTING POLYGRAPH PROGRAM- 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; 42 U.S.C. 7383h) is repealed.

    (d) REPORT ON FURTHER ENHANCEMENT OF PERSONNEL SECURITY PROGRAM- (1) Not later than December 31, 2002, the Administrator for Nuclear Security shall submit to Congress a report setting forth the recommendations of the Administrator for any legislative action that the Administrator considers appropriate in order to enhance the personnel security program of the Department of Energy.

    (2) Any recommendations under paragraph (1) regarding the use of polygraphs shall take into account the results of the Polygraph Review.

    (e) DEFINITIONS- In this section:

      (1) The term ‘Polygraph Review’ means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences.

      (2) The term ‘Restricted Data’ has the meaning given that term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

    Section 3161(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 942; 5 U.S.C. 5597 note) is amended by striking ‘January 1, 2003’ and inserting ‘January 1, 2004’.

SEC. 3154. ADDITIONAL OBJECTIVE FOR DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITY WORK FORCE RESTRUCTURING PLAN.

    Section 3161(c) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h(c)) is amended by adding at the end the following new paragraph:

      ‘(7) The Department of Energy should provide assistance to promote the diversification of the economies of communities in the vicinity of any Department of Energy defense nuclear facility that may, as determined by the Secretary, be affected by a future restructuring of its work force under the plan.’.

SEC. 3155. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE UNITED STATES NUCLEAR STOCKPILE.

    Section 3159(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 42 U.S.C. 2121 note) is amended by striking ‘of each year, beginning with 1999,’ and inserting ‘of 1999 and 2000, and not later than February 1, 2002,’.

SEC. 3156. REPORTS ON ACHIEVEMENT OF MILESTONES FOR NATIONAL IGNITION FACILITY.

    (a) NOTIFICATION OF ACHIEVEMENT- The Administrator for Nuclear Security shall notify the congressional defense committees when the National Ignition Facility (NIF), Lawrence Livermore National Laboratory, California, achieves each Level one milestone and Level two milestone for the National Ignition Facility.

    (b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT- Not later than 10 days after the date on which the National Ignition Facility fails to achieve a Level one milestone or Level two milestone for the National Ignition Facility in a timely manner, the Administrator shall submit to the congressional defense committees a report on the failure. The report on a failure shall include--

      (1) a statement of the failure of the National Ignition Facility to achieve the milestone concerned in a timely manner;

      (2) an explanation for the failure; and

      (3) either--

        (A) an estimate when the milestone will be achieved; or

        (B) if the milestone will not be achieved--

          (i) a statement that the milestone will not be achieved;

          (ii) an explanation why the milestone will not be achieved; and

          (iii) the implications for the overall scope, schedule, and budget of the National Ignition Facility project of not achieving the milestone.

    (c) MILESTONES- For purposes of this section, the Level one milestones and Level two milestones for the National Ignition Facility are as established in the August 2000 revised National Ignition Facility baseline document.

SEC. 3157. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.

    (a) Support in Fiscal Year 2002- From amounts authorized to be appropriated or otherwise made available to the Secretary of Energy by this title--

      (1) $6,900,000 shall be available for payment by the Secretary for fiscal year 2002 to the Los Alamos National Laboratory Foundation, a not-for-profit educational foundation chartered in accordance with section 3167(a) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2052); and

      (2) $8,000,000 shall be available for extension of the contract between the Department of Energy and the Los Alamos Public Schools through fiscal year 2002.

    (b) Support through Fiscal Year 2004- Subject to the availability of appropriations for such purposes, the Secretary may--

      (1) make a payment for each of fiscal years 2003 and 2004 similar in amount to the payment referred to in subsection (a)(1) for fiscal year 2002; and

      (2) provide for a contract extension through fiscal year 2004 similar to the contract extension referred to in subsection (a)(2), including the use of an amount for that purpose in each of fiscal years 2003 and 2004 similar to the amount available for that purpose in fiscal year 2002 under that subsection.

    (c) USE OF FUNDS- The Los Alamos National Laboratory Foundation shall--

      (1) use funds provided the Foundation under this section as a contribution to the endowment fund of the Foundation; and

      (2) use the income generated from investments in the endowment fund that are attributable to payments made under this section to fund programs to support the educational needs of children in public schools in the vicinity of Los Alamos National Laboratory.

    (d) REPORT- Not later than March 1, 2003, the Administrator for Nuclear Security shall submit to the congressional defense committees a report setting for the following:

      (1) An evaluation of the requirements for continued payments after fiscal year 2004 into the endowment fund of the Los Alamos Laboratory Foundation to enable the Foundation to meet the goals of the Department of Energy to support the recruitment and retention of staff at the Los Alamos National Laboratory.

      (2) Recommendations regarding the advisability of any further direct support after fiscal year 2004 for the Los Alamos Public Schools.

SEC. 3158. IMPROVEMENTS TO CORRAL HOLLOW ROAD, LIVERMORE, CALIFORNIA.

    Of the amounts authorized to be appropriated by section 3101, not more than $325,000 shall be available to the Secretary of Energy for safety improvements to Corral Hollow Road adjacent to Site 300 of Lawrence Livermore National Laboratory, California.

SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF DEPARTMENT OF ENERGY FACILITIES TO TERRORIST ATTACK.

    (a) IN GENERAL- Part C of title VI of the Department of Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the end the following new section:

‘ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF FACILITIES TO TERRORIST ATTACK

    ‘SEC. 663. (a) The Secretary shall, on an annual basis, conduct a comprehensive assessment of the vulnerability of Department facilities to terrorist attack.

    ‘(b) Not later than January 31 each year, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) during the preceding year. Each report shall include the results of the assessment covered by such report, together with such findings and recommendations as the Secretary considers appropriate.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of that Act is amended by inserting after the item relating to section 662 the following new item:

      ‘Sec. 663. Annual assessment and report on vulnerability of facilities to terrorist attack.’.

Subtitle F--Rocky Flats National Wildlife Refuge

SEC. 3171. SHORT TITLE.

    This subtitle may be cited as the ‘Rocky Flats National Wildlife Refuge Act of 2001’.

SEC. 3172. FINDINGS AND PURPOSES.

    (a) FINDINGS- Congress finds the following:

      (1) The Federal Government, through the Atomic Energy Commission, acquired the Rocky Flats site in 1951 and began operations there in 1952. The site remains a Department of Energy facility. Since 1992, the mission of the Rocky Flats site has changed from the production of nuclear weapons components to cleanup and closure in a manner that is safe, environmentally and socially responsible, physically secure, and cost-effective.

      (2) The site has generally remained undisturbed since its acquisition by the Federal Government.

      (3) The State of Colorado is experiencing increasing growth and development, especially in the metropolitan Denver Front Range area in the vicinity of the Rocky Flats site. That growth and development reduces the amount of open space and thereby diminishes for many metropolitan Denver communities the vistas of the striking Front Range mountain backdrop.

      (4) Some areas of the site contain contamination and will require further response action. The national interest requires that the ongoing cleanup and closure of the entire site be completed safely, effectively, and without unnecessary delay and that the site thereafter be retained by the United States and managed so as to preserve the value of the site for open space and wildlife habitat.

      (5) The Rocky Flats site provides habitat for many wildlife species, including a number of threatened and endangered species, and is marked by the presence of rare xeric tallgrass prairie plant communities. Establishing the site as a unit of the National Wildlife Refuge System will promote the preservation and enhancement of those resources for present and future generations.

    (b) PURPOSES- The purposes of this subtitle are--

      (1) to provide for the establishment of the Rocky Flats site as a national wildlife refuge following cleanup and closure of the site;

      (2) to create a process for public input on refuge management before transfer of administrative jurisdiction to the Secretary of the Interior; and

      (3) to ensure that the Rocky Flats site is thoroughly and completely cleaned up.

SEC. 3173. DEFINITIONS.

    In this subtitle:

      (1) CLEANUP AND CLOSURE- The term ‘cleanup and closure’ means the response actions and decommissioning activities being carried out at Rocky Flats by the Department of Energy under the 1996 Rocky Flats Cleanup Agreement, the closure plans and baselines, and any other relevant documents or requirements.

      (2) COALITION- The term ‘Coalition’ means the Rocky Flats Coalition of Local Governments established by the Intergovernmental Agreement, dated February 16, 1999, among--

        (A) the city of Arvada, Colorado;

        (B) the city of Boulder, Colorado;

        (C) the city of Broomfield, Colorado;

        (D) the city of Westminster, Colorado;

        (E) the town of Superior, Colorado;

        (F) Boulder County, Colorado; and

        (G) Jefferson County, Colorado.

      (3) HAZARDOUS SUBSTANCE- The term ‘hazardous substance’ means--

        (A) any hazardous substance, pollutant, or contaminant regulated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

        (B) any--

          (i) petroleum (including any petroleum product or derivative);

          (ii) unexploded ordnance;

          (iii) military munition or weapon; or

          (iv) nuclear or radioactive material;

        not otherwise regulated as a hazardous substance under any law in effect on the date of enactment of this Act.

      (4) POLLUTANT OR CONTAMINANT- The term ‘pollutant or contaminant’ has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

      (5) REFUGE- The term ‘refuge’ means the Rocky Flats National Wildlife Refuge established under section 3177.

      (6) RESPONSE ACTION- The term ‘response action’ has the meaning given the term ‘response’ in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) or any similar requirement under State law.

      (7) RFCA- The term ‘RFCA’ means the Rocky Flats Cleanup Agreement, an intergovernmental agreement, dated July 19, 1996, among--

        (A) the Department of Energy;

        (B) the Environmental Protection Agency; and

        (C) the Department of Public Health and Environment of the State of Colorado.

      (8) ROCKY FLATS-

        (A) IN GENERAL- The term ‘Rocky Flats’ means the Rocky Flats Environmental Technology Site, Colorado, a defense nuclear facility, as depicted on the map entitled ‘Rocky Flats Environmental Technology Site’, dated July 15, 1998, and available for inspection in the appropriate offices of the United States Fish and Wildlife Service.

        (B) EXCLUSIONS- The term ‘Rocky Flats’ does not include--

          (i) land and facilities of the Department of Energy’s National Wind Technology Center; or

          (ii) any land and facilities not within the boundaries depicted on the map identified in subparagraph (A).

      (9) ROCKY FLATS TRUSTEES- The term ‘Rocky Flats Trustees’ means the Federal and State of Colorado entities that have been identified as trustees for Rocky Flats under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)).

      (10) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.

SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.

    (a) FEDERAL OWNERSHIP- Except as expressly provided in this subtitle or any Act enacted after the date of enactment of this Act, all right, title, and interest of the United States, held on or acquired after the date of enactment of this Act, to land or interest therein, including minerals, within the boundaries of Rocky Flats shall be retained by the United States.

    (b) LINDSAY RANCH- The structures that comprise the former Lindsay Ranch homestead site in the Rock Creek Reserve area of the buffer zone, as depicted on the map referred to in section 3173(8), shall be permanently preserved and maintained in accordance with the National Historic Preservation Act (16 U.S.C. 470 et seq.).

    (c) PROHIBITION ON ANNEXATION- Neither the Secretary nor the Secretary of the Interior shall allow the annexation of land within the refuge by any unit of local government.

    (d) PROHIBITION ON THROUGH ROADS- Except as provided in subsection (e), no public road shall be constructed through Rocky Flats.

    (e) TRANSPORTATION RIGHT-OF-WAY-

      (1) IN GENERAL-

        (A) AVAILABILITY OF LAND- On submission of an application meeting each of the conditions specified in paragraph (2), the Secretary, in consultation with the Secretary of the Interior, shall make available land along the eastern boundary of Rocky Flats for the sole purpose of transportation improvements along Indiana Street.

        (B) BOUNDARIES- Land made available under this paragraph may not extend more than 300 feet from the west edge of the Indiana Street right-of-way, as that right-of-way exists as of the date of enactment of this Act.

        (C) EASEMENT OR SALE- Land may be made available under this paragraph by easement or sale to 1 or more appropriate entities.

        (D) COMPLIANCE WITH APPLICABLE LAW- Any action under this paragraph shall be taken in compliance with applicable law.

      (2) CONDITIONS- An application for land under this subsection may be submitted by any county, city, or other political subdivision of the State of Colorado and shall include documentation demonstrating that--

        (A) the transportation project is constructed so as to minimize adverse effects on the management of Rocky Flats as a wildlife refuge; and

        (B) the transportation project is included in the regional transportation plan of the metropolitan planning organization designated for the Denver metropolitan area under section 5303 of title 49, United States Code.

SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER ROCKY FLATS.

    (a) IN GENERAL-

      (1) MEMORANDUM OF UNDERSTANDING-

        (A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Interior shall publish in the Federal Register a draft memorandum of understanding under which--

          (i) the Secretary shall provide for the subsequent transfer of administrative jurisdiction over Rocky Flats to the Secretary of the Interior; and

          (ii) the Secretary of the Interior shall manage natural resources at Rocky Flats until the date on which the transfer becomes effective.

        (B) REQUIRED ELEMENTS-

          (i) IN GENERAL- Subject to clause (ii), the memorandum of understanding shall--

            (I) provide for the division of responsibilities between the Secretary and the Secretary of the Interior necessary to carry out the proposed transfer of land;

            (II) for the period ending on the date of the transfer--

(aa) provide for the division of responsibilities between the Secretary and the Secretary of the Interior; and

(bb) provide for the management of the land proposed to be transferred by the Secretary of the Interior as a national wildlife refuge, for the purposes provided under section 3177(d)(2);

            (III) provide for the annual transfer of funds from the Secretary to the Secretary of the Interior for the management of the land proposed to be transferred; and

            (IV) subject to subsection (b)(1), identify the land proposed to be transferred to the Secretary of the Interior.

          (ii) NO REDUCTION IN FUNDS- The memorandum of understanding and the subsequent transfer shall not result in any reduction in funds available to the Secretary for cleanup and closure of Rocky Flats.

        (C) DEADLINE- Not later than 18 months after the date of enactment of this Act, the Secretary and Secretary of the Interior shall finalize and implement the memorandum of understanding.

      (2) EXCLUSIONS- The transfer under paragraph (1) shall not include the transfer of any property or facility over which the Secretary retains jurisdiction, authority, and control under subsection (b)(1).

      (3) CONDITION- The transfer under paragraph (1) shall occur--

        (A) not earlier than the date on which the Administrator of the Environmental Protection Agency certifies to the Secretary and to the Secretary of the Interior that the cleanup and closure and all response actions at Rocky Flats have been completed, except for the operation and maintenance associated with those actions; but

        (B) not later than 30 business days after that date.

      (4) COST; IMPROVEMENTS- The transfer--

        (A) shall be completed without cost to the Secretary of the Interior; and

        (B) may include such buildings or other improvements as the Secretary of the Interior has requested in writing for refuge management purposes.

    (b) PROPERTY AND FACILITIES EXCLUDED FROM TRANSFERS-

      (1) IN GENERAL- The Secretary shall retain jurisdiction, authority, and control over all real property and facilities at Rocky Flats that are to be used for--

        (A) any necessary and appropriate long-term operation and maintenance facility to intercept, treat, or control a radionuclide or any other hazardous substance, pollutant, or contaminant; and

        (B) any other purpose relating to a response action or any other action that is required to be carried out at Rocky Flats.

      (2) CONSULTATION-

        (A) IDENTIFICATION OF PROPERTY-

          (i) IN GENERAL- The Secretary shall consult with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the State of Colorado on the identification of all property to be retained under this subsection to ensure the continuing effectiveness of response actions.

          (ii) AMENDMENT TO MEMORANDUM OF UNDERSTANDING-

            (I) IN GENERAL- After the consultation, the Secretary and the Secretary of the Interior shall by mutual consent amend the memorandum of understanding required under subsection (a) to specifically identify the land for transfer and provide for determination of the exact acreage and legal description of the property to be transferred by a survey mutually satisfactory to the Secretary and the Secretary of the Interior.

            (II) COUNCIL ON ENVIRONMENTAL QUALITY- In the event the Secretary and the Secretary of the Interior cannot agree on the land to be retained or transferred, the Secretary or the Secretary of the Interior may refer the issue to the Council on Environmental Quality, which shall decide the issue within 45 days of such referral, and the Secretary and the Secretary of the Interior shall then amend the memorandum of understanding required under subsection (a) in conformity with the decision of the Council on Environmental Quality.

        (B) MANAGEMENT OF PROPERTY-

          (i) IN GENERAL- The Secretary shall consult with the Secretary of the Interior on the management of the retained property to minimize any conflict between the management of property transferred to the Secretary of the Interior and property retained by the Secretary for response actions.

          (ii) CONFLICT- In the case of any such conflict, implementation and maintenance of the response action shall take priority.

      (3) ACCESS- As a condition of the transfer under subsection (a), the Secretary shall be provided such easements and access as are reasonably required to carry out any obligation or address any liability.

    (c) ADMINISTRATION-

      (1) IN GENERAL- On completion of the transfer under subsection (a), the Secretary of the Interior shall administer Rocky Flats in accordance with this subtitle subject to--

        (A) any response action or institutional control at Rocky Flats carried out by or under the authority of the Secretary under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

        (B) any other action required under any other Federal or State law to be carried out by or under the authority of the Secretary.

      (2) CONFLICT- In the case of any conflict between the management of Rocky Flats by the Secretary of the Interior and the conduct of any response action or other action described in subparagraph (A) or (B) of paragraph (1), the response action or other action shall take priority.

      (3) CONTINUING ACTIONS- Except as provided in paragraph (1), nothing in this subsection affects any response action or other action initiated at Rocky Flats on or before the date of the transfer under subsection (a).

    (d) LIABILITY-

      (1) IN GENERAL- The Secretary shall retain any obligation or other liability for land transferred under subsection (a) under--

        (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or

        (B) any other applicable law.

      (2) RESPONSE ACTIONS-

        (A) IN GENERAL- The Secretary shall be liable for the cost of any necessary response actions, including any costs or claims asserted against the Secretary, for any release, or substantial threat of release, of a hazardous substance, if the release, or substantial threat of release, is--

          (i) located on or emanating from land--

            (I) identified for transfer by this section; or

            (II) subsequently transferred under this section;

          (ii)(I) known at the time of transfer; or

          (II) subsequently discovered; and

          (iii) attributable to--

            (I) management of the land by the Secretary; or

            (II) the use, management, storage, release, treatment, or disposal of a hazardous substance on the land by the Secretary.

        (B) RECOVERY FROM THIRD PARTY- Nothing in this paragraph precludes the Secretary, on behalf of the United States, from bringing a cost recovery, contribution, or other action against a third party that the Secretary reasonably believes may have contributed to the release, or substantial threat of release, of a hazardous substance.

SEC. 3176. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.

    (a) ONGOING CLEANUP AND CLOSURE-

      (1) IN GENERAL- The Secretary shall--

        (A) carry out to completion cleanup and closure at Rocky Flats; and

        (B) conduct any necessary operation and maintenance of response actions.

      (2) NO RESTRICTION ON USE OF NEW TECHNOLOGIES- Nothing in this subtitle, and no action taken under this subtitle, restricts the Secretary from using at Rocky Flats any new technology that may become available for remediation of contamination.

    (b) RULES OF CONSTRUCTION-

      (1) NO RELIEF FROM OBLIGATIONS UNDER OTHER LAW-

        (A) IN GENERAL- Nothing in this subtitle, and no action taken under this subtitle, relieves the Secretary, the Administrator of the Environmental Protection Agency, or any other person from any obligation or other liability with respect to Rocky Flats under the RFCA or any applicable Federal or State law.

        (B) NO EFFECT ON RFCA- Nothing in this subtitle impairs or alters any provision of the RFCA.

      (2) REQUIRED CLEANUP LEVELS-

        (A) IN GENERAL- Except as provided in subparagraph (B), nothing in this subtitle affects the level of cleanup and closure at Rocky Flats required under the RFCA or any Federal or State law.

        (B) NO EFFECT FROM ESTABLISHMENT AS NATIONAL WILDLIFE REFUGE-

          (i) IN GENERAL- The requirements of this subtitle for establishment and management of Rocky Flats as a national wildlife refuge shall not reduce the level of cleanup and closure.

          (ii) CLEANUP LEVELS- The Secretary shall conduct cleanup and closure of Rocky Flats to the levels established for soil, water, and other media, following a thorough review, by the parties to the RFCA and the public (including the United States Fish and Wildlife Service and other interested government agencies), of the appropriateness of the interim levels in the RFCA.

      (3) NO EFFECT ON OBLIGATIONS FOR MEASURES TO CONTROL CONTAMINATION- Nothing in this subtitle, and no action taken under this subtitle, affects any long-term obligation of the United States, acting through the Secretary, relating to funding, construction, monitoring, or operation and maintenance of--

        (A) any necessary intercept or treatment facility; or

        (B) any other measure to control contamination.

    (c) PAYMENT OF RESPONSE ACTION COSTS- Nothing in this subtitle affects the obligation of a Federal department or agency that had or has operations at Rocky Flats resulting in the release or threatened release of a hazardous substance or pollutant or contaminant to pay the costs of response actions carried out to abate the release of, or clean up, the hazardous substance or pollutant or contaminant.

    (d) CONSULTATION- In carrying out a response action at Rocky Flats, the Secretary shall consult with the Secretary of the Interior to ensure that the response action is carried out in a manner that--

      (1) does not impair the attainment of the goals of the response action; but

      (2) minimizes, to the maximum extent practicable, adverse effects of the response action on the refuge.

SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.

    (a) ESTABLISHMENT- Not later than 30 days after the transfer of jurisdiction under section 3175(a), the Secretary of the Interior shall establish at Rocky Flats a national wildlife refuge to be known as the ‘Rocky Flats National Wildlife Refuge’.

    (b) COMPOSITION- The refuge shall consist of the real property subject to the transfer of administrative jurisdiction under section 3175(a)(1).

    (c) NOTICE- The Secretary of the Interior shall publish in the Federal Register a notice of the establishment of the refuge.

    (d) ADMINISTRATION AND PURPOSES-

      (1) IN GENERAL- The Secretary of the Interior shall manage the refuge in accordance with applicable law, including this subtitle, the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), and the purposes specified in that Act.

      (2) REFUGE PURPOSES- At the conclusion of the transfer under section 3175(a)(3), the refuge shall be managed for the purposes of--

        (A) restoring and preserving native ecosystems;

        (B) providing habitat for, and population management of, native plants and migratory and resident wildlife;

        (C) conserving threatened and endangered species (including species that are candidates for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)); and

        (D) providing opportunities for compatible, wildlife-dependent environmental scientific research.

      (3) MANAGEMENT- In managing the refuge, the Secretary shall ensure that wildlife-dependent recreation and environmental education and interpretation are the priority public uses of the refuge.

SEC. 3178. COMPREHENSIVE CONSERVATION PLAN.

    (a) IN GENERAL- Not later than 180 days after the date of enactment of this Act, in developing a comprehensive conservation plan in accordance with section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)), the Secretary of the Interior, in consultation with the Secretary, the members of the Coalition, the Governor of the State of Colorado, and the Rocky Flats Trustees, shall establish a comprehensive planning process that involves the public and local communities.

    (b) OTHER PARTICIPANTS- In addition to the entities specified in subsection (a), the comprehensive planning process shall include the opportunity for direct involvement of entities not members of the Coalition as of the date of enactment of this Act, including the Rocky Flats Citizens’ Advisory Board and the cities of Thornton, Northglenn, Golden, Louisville, and Lafayette, Colorado.

    (c) DISSOLUTION OF COALITION- If the Coalition dissolves, or if any Coalition member elects to leave the Coalition during the comprehensive planning process under this section--

      (1) the comprehensive planning process under this section shall continue; and

      (2) an opportunity shall be provided to each entity that is a member of the Coalition as of September 1, 2000, for direct involvement in the comprehensive planning process.

    (d) CONTENTS- In addition to the requirements under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)), the comprehensive conservation plan required by this section shall address and make recommendations on the following:

      (1) The identification of any land described in section 3174(e) that could be made available for transportation purposes.

      (2) The potential for leasing any land in Rocky Flats for the National Renewable Energy Laboratory to carry out projects relating to the National Wind Technology Center.

      (3) The characteristics and configuration of any perimeter fencing that may be appropriate or compatible for cleanup and closure, refuge, or other purposes.

      (4) The feasibility of locating, and the potential location for, a visitor and education center at the refuge.

      (5) Any other issues relating to Rocky Flats.

    (e) REPORT- Not later than 3 years after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Armed Services of the Senate and the Committee on Resources of the House of Representatives--

      (1) the comprehensive conservation plan prepared under this section; and

      (2) a report that--

        (A) outlines the public involvement in the comprehensive planning process; and

        (B) to the extent that any input or recommendation from the comprehensive planning process is not accepted, clearly states the reasons why the input or recommendation is not accepted.

SEC. 3179. PROPERTY RIGHTS.

    (a) IN GENERAL- Except as provided in subsection (c), nothing in this subtitle limits any valid, existing property right at Rocky Flats that is owned by any person or entity, including, but not limited to--

      (1) any mineral right;

      (2) any water right or related easement; and

      (3) any facility or right-of-way for a utility.

    (b) ACCESS- Except as provided in subsection (c), nothing in this subtitle affects any right of an owner of a property right described in subsection (a) to access the owner’s property.

    (c) REASONABLE CONDITIONS-

      (1) IN GENERAL- The Secretary or the Secretary of the Interior may impose such reasonable conditions on access to property rights described in subsection (a) as are appropriate for the cleanup and closure of Rocky Flats and for the management of the refuge.

      (2) NO EFFECT ON APPLICABLE LAW- Nothing in this subtitle affects any other applicable Federal, State, or local law (including any regulation) relating to the use, development, and management of property rights described in subsection (a).

      (3) NO EFFECT ON ACCESS RIGHTS- Nothing in this subsection precludes the exercise of any access right, in existence on the date of enactment of this Act, that is necessary to perfect or maintain a water right in existence on that date.

    (d) PURCHASE OF MINERAL RIGHTS-

      (1) IN GENERAL- The Secretary shall seek to acquire any and all mineral rights at Rocky Flats through donation or through purchase or exchange from willing sellers for fair market value.

      (2) FUNDING- The Secretary and the Secretary of the Interior--

        (A) may use for the purchase of mineral rights under paragraph (1) funds specifically provided by Congress; but

        (B) shall not use for such purchase funds appropriated by Congress for the cleanup and closure of Rocky Flats.

    (e) UTILITY EXTENSION-

      (1) IN GENERAL- The Secretary or the Secretary of the Interior may allow not more than one extension from an existing utility right-of-way on Rocky Flats, if necessary.

      (2) CONDITIONS- An extension under paragraph (1) shall be subject to the conditions specified in subsection (c).

    (f) EASEMENT SURVEYS-

      (1) IN GENERAL- Subject to paragraph (2), until the date that is 180 days after the date of enactment of this Act, an entity that possesses a decreed water right or prescriptive easement relating to land at Rocky Flats may carry out such surveys at Rocky Flats as the entity determines are necessary to perfect the right or easement.

      (2) LIMITATION ON CONDITIONS- An activity carried out under paragraph (1) shall be subject only to such conditions as are imposed--

        (A) by the Secretary of Energy, before the date on which the transfer of management responsibilities under section 3175(a)(3) is completed, to minimize interference with the cleanup and closure of Rocky Flats; and

        (B) by the Secretary of the Interior, on or after the date on which the transfer of management responsibilities under section 3175(a)(3) is completed, to minimize adverse effects on the management of the refuge.

SEC. 3180. ROCKY FLATS MUSEUM.

    (a) MUSEUM- In order to commemorate the contribution that Rocky Flats and its worker force provided to the winning of the Cold War and the impact that the contribution has had on the nearby communities and the State of Colorado, the Secretary may establish a Rocky Flats Museum.

    (b) LOCATION- The Rocky Flats Museum shall be located in the city of Arvada, Colorado, unless, after consultation under subsection (c), the Secretary determines otherwise.

    (c) CONSULTATION- The Secretary shall consult with the city of Arvada, other local communities, and the Colorado State Historical Society on--

      (1) the development of the museum;

      (2) the siting of the museum; and

      (3) any other issues relating to the development and construction of the museum.

    (d) REPORT- Not later than three years after the date of enactment of this Act, the Secretary, in coordination with the city of Arvada, shall submit to the Committee on Armed Services of the Senate and the appropriate committee of the House of Representatives a report on the costs associated with the construction of the museum and any other issues relating to the development and construction of the museum.

SEC. 3181. REPORT ON FUNDING.

    At the time of submission of the first budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, after the date of enactment of this Act, and annually thereafter, the Secretary and the Secretary of the Interior shall report to the Committee on Armed Services and the Committee on Appropriations of the Senate and the appropriate committees of the House of Representatives on--

      (1) the costs incurred in implementing this subtitle during the preceding fiscal year; and

      (2) the funds required to implement this subtitle during the current and subsequent fiscal years.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2002, $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--NATIONAL DEFENSE STOCKPILE

SEC. 3301. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN THE NATIONAL DEFENSE STOCKPILE.

    (a) DISPOSAL REQUIRED- Subject to the conditions specified in subsection (b), the President may dispose of obsolete and excess materials currently contained in the National Defense Stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c). The materials subject to disposal under this subsection and the quantity of each material authorized to be disposed of by the President are set forth in the following table:

Authorized Stockpile Disposals
---------------------------------------------------------------
Material for disposal                 Quantity                 
---------------------------------------------------------------
Bauxite                               40,000 short tons        
Chromium Metal                        3,512 short tons         
Iridium                               25,140 troy ounces       
Jewel Bearings                        30,273,221 pieces        
Manganese Ferro HC                    209,074 short tons       
Palladium                             11 troy ounces           
Quartz Crystal                        216,648 pounds           
Tantalum Metal Ingot                  120,228 pounds contained 
Tantalum Metal Powder                 36,020 pounds contained  
Thorium Nitrate                       600,000 pounds.          
---------------------------------------------------------------

    (b) MINIMIZATION OF DISRUPTION AND LOSS- The President may not dispose of materials 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 the materials proposed for disposal; or

      (2) avoidable loss to the United States.

    (c) 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 the materials specified in such subsection.

SEC. 3302. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF COBALT IN THE NATIONAL DEFENSE STOCKPILE.

    (a) PUBLIC LAW 105-261- Section 3303 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (112 Stat. 2263; 50 U.S.C. 98d note) is amended--

      (1) in subsection (a), by striking ‘the amount of--’ and inserting ‘total amounts not less than--’; and

      (2) in subsection (b)(2), by striking ‘receipts in the amounts specified in subsection (a)’ and inserting ‘receipts in the total amount specified in such subsection (a)(4)’.

    (b) PUBLIC LAW 105-85- Section 3305 of the National Defense Authorization Act for Fiscal Year 1998 (111 Stat. 2057; 50 U.S.C. 98d note) is amended--

      (1) in subsection (a), by striking ‘amounts equal to--’ and inserting ‘total amounts not less than--’; and

      (2) in subsection (b)(2)--

        (A) by striking ‘may not dispose of cobalt under this section’ and inserting ‘may not, under this section, dispose of cobalt in the fiscal year referred to in subsection (a)(5)’; and

        (B) by striking ‘receipts in the amounts specified in subsection (a)’ and inserting ‘receipts during that fiscal year in the total amount specified in such subsection (a)(5)’.

    (c) PUBLIC LAW 104-201- Section 3303 of the National Defense Authorization Act for Fiscal Year 1997 (110 Stat. 2855; 50 U.S.C. 98d note) is amended--

      (1) in subsection (a), by striking ‘amounts equal to--’ and inserting ‘total amounts not less than--’; and

      (2) in subsection (b)(2)--

        (A) by striking ‘may not dispose of materials under this section’ and inserting ‘may not, under this section, dispose of materials during the 10-fiscal year period referred to in subsection (a)(2)’; and

        (B) by striking ‘receipts in the amounts specified in subsection (a)’ and inserting ‘receipts during that period in the total amount specified in such subsection (a)(2)’.

SEC. 3303. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN THE NATIONAL DEFENSE STOCKPILE.

    Section 3305(a) of the National Defense Authorization Act for Fiscal Year 1998 (111 Stat. 2057; 50 U.S.C. 98d note) is amended--

      (1) in paragraph (1), by striking ‘2003’ and inserting ‘2002’;

      (2) in paragraph (1), by striking ‘2004’ and inserting ‘2003’;

      (3) in paragraph (1), by striking ‘2005’ and inserting ‘2004’;

      (4) in paragraph (1), by striking ‘2006’ and inserting ‘2005’; and

      (5) in paragraph (1), by striking ‘2007’ and inserting ‘2006’.

SEC. 3304. REVISION OF RESTRICTION ON DISPOSAL OF MANGANESE FERRO.

    Section 3304 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 629) is amended--

      (1) in subsection (a)--

        (A) by striking ‘(a) DISPOSAL OF LOWER GRADE MATERIAL FIRST- The President’ and inserting ‘During fiscal year 2002, the President’; and

        (B) in the first sentence, by striking ‘, until completing the disposal of all manganese ferro in the National Defense Stockpile that does not meet such classification’; and

      (2) by striking subsections (b) and (c).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) AUTHORIZATION OF APPROPRIATIONS- There is hereby authorized to be appropriated to the Secretary of Energy $17,371,000 for fiscal year 2002 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves (as defined in section 7420(2) of such title).

    (b) AVAILABILITY- The amount authorized to be appropriated by subsection (a) shall remain available until expended.

Passed the Senate October 2, 2001.

Attest:

Secretary.

107th CONGRESS

1st Session

S. 1417

AN ACT

To authorize appropriations for fiscal year 2002 for defense activities of the Department of Energy, and for other purposes.