Home > 106th Congressional Bills > S. 2552 (pcs) To authorize appropriations for fiscal year 2001 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...

S. 2552 (pcs) To authorize appropriations for fiscal year 2001 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...


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

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

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

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

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

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

SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

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

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

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

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

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

   Subtitle D--Program Authorizations, Restrictions, and Limitations

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

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

SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.

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

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

    (a) Nuclear Materials Protection, Control, and Accounting 
Program.--(1) Not later than January 1, 2001, and each year thereafter, 
the Secretary of Energy shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
status of efforts during the preceding fiscal year under the Nuclear 
Materials Protection, Control, and Accounting Program of the Department 
of Energy to secure weapons-usable nuclear materials in Russia that 
have been identified as being at risk for theft or diversion.
    (2) Each report under paragraph (1) shall set forth the following:
            (A) The number of buildings, including building locations, 
        that received complete and integrated materials protection, 
        control, and accounting systems for nuclear materials described 
        in paragraph (1) during the year covered by such report.
            (B) The amounts of highly enriched uranium and plutonium in 
        Russia that have been secured under systems described in 
        subparagraph (A) as of the date of such report.
            (C) The amount of nuclear materials described in paragraph 
        (1) that continues to require securing under systems described 
        in subparagraph (A) as of the date of such report.
            (D) A plan for actions to secure the nuclear materials 
        identified in subparagraph (C) under systems described in 
        subparagraph (A), including an estimate of the cost of such 
        actions.
            (E) The amounts expended through the fiscal year preceding 
        the date of such report to secure nuclear materials described 
        in paragraph (1) under systems described in subparagraph (A), 
        set forth by total amount and by amount per fiscal year.
    (3)(A) No amounts authorized to be appropriated for the Department 
of Energy by this Act or any other Act for purposes of the Nuclear 
Materials Protection, Control, and Accounting Program may be obligated 

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