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S.2552
Department of Energy National Security Act for Fiscal Year 2001
(Placed on the Calendar in the Senate)
SEC. 3106. DEFENSE NUCLEAR
WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of Energy
for fiscal year 2001 for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$112,000,000.
SEC. 3107. INTERIM STORAGE ACTIVITIES.
The amounts authorized to be appropriated to the Department of Energy by
sections 3101, 3102, 3103, 3104, 3105, and 3106 are hereby reduced by
$85,000,000, for interim storage activities.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL- Until the Secretary of Energy submits to the congressional
defense committees the report referred to in subsection (b) and a period of 30
days has elapsed after the date on which such committees receive the report,
the Secretary may not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program by this
title; or
(B) $ 1,000,000 more than the amount authorized for that program by
this title; or
(2) which has not been presented to, or requested of, Congress.
(b) REPORT- (1) The report referred to in subsection (a) is a report
containing a full and complete statement of the action proposed to be taken
and the facts and circumstances relied upon in support of the proposed
action.
(2) In the computation of the 30-day period under subsection (a), there
shall be excluded any day on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day certain.
(c) LIMITATIONS- (1) In no event may the total amount of funds obligated
pursuant to this title exceed the total amount authorized to be appropriated
by this title.
(2) Funds appropriated pursuant to this title may not be used for an item
for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL- The Secretary of Energy may carry out any construction
project under the general plant projects authorized by this title if the total
estimated cost of the construction project does not exceed $5,000,000.
(b) REPORT TO CONGRESS- If, at any time during the construction of any
general plant project authorized by this title, the estimated cost of the
project is revised because of unforeseen cost variations and the revised cost
of the project exceeds $5,000,000, the Secretary shall immediately furnish a
report to the congressional defense committees explaining the reasons for the
cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL- (1) Except as provided in paragraph (2), construction on a
construction project may not be started or additional obligations incurred in
connection with the project above the total estimated cost, whenever the
current estimated cost of the construction project, authorized by 3101, 3102,
or 3103, or which is in support of national security programs of the
Department of Energy and was authorized by any previous Act, exceeds by more
than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project as shown in
the most recent budget justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the congressional defense
committees a report on the actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the date on which the report
is received by the committees.
(3) In the computation of the 30-day period under paragraph (2), there is
excluded any day on which either House of Congress is not in session because
of an adjournment of more than 3 days to a day certain.
(b) EXCEPTION- Subsection (a) does not apply to a construction project
with a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES- The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to this title to other Federal agencies for the performance of work
for which the funds were authorized. Funds so transferred may be merged with
and be available for the same purposes and for the same time period as the
authorizations of the Federal agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY- (1) Subject to paragraph (2),
the Secretary of Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may be merged with
and be available for the same purposes and for the same period as the
authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be transferred
between authorizations under paragraph (1). No such authorization may be
increased or decreased by more than 5 percent by a transfer under such
paragraph.
(c) LIMITATIONS- The authority provided by this subsection to transfer
authorizations--
(1) may be used only to provide funds for items relating to activities
necessary for national security programs that have a higher priority than
the items from which the funds are transferred; and
(2) may not be used to provide funds for an item for which Congress has
specifically denied funds.
(d) NOTICE TO CONGRESS- The Secretary of Energy shall promptly notify the
Committees on Armed Services of the Senate and House of Representatives of any
transfer of funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) REQUIREMENT OF CONCEPTUAL DESIGN- (1) Subject to paragraph (2) and
except as provided in paragraph (3), before submitting to Congress a request
for funds for a construction project that is in support of a national security
program of the Department of Energy, the Secretary of Energy shall complete a
conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before submitting a
request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request for
funds--
(A) for a construction project the total estimated cost of which is less
than $5,000,000; or
(B) for emergency planning, design, and construction activities under
section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN- (1) Within the amounts authorized
by this title, the Secretary of Energy may carry out construction design
(including architectural and engineering services) in connection with any
proposed construction project if the total estimated cost for such design does
not exceed $600,000.
(2) If the total estimated cost for construction design in connection with
any construction project exceeds $600,000, funds for that design must be
specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) AUTHORITY- The Secretary of Energy may use any funds available to the
Department of Energy pursuant to an authorization in this title, including
funds authorized to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform planning, design, and
construction activities for any Department of Energy national security program
construction project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety, to meet the needs
of national defense, or to protect property.
(b) LIMITATION- The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the Secretary has
submitted to the congressional defense committees a report on the activities
that the Secretary intends to carry out under this section and the
circumstances making those activities necessary.
(c) SPECIFIC AUTHORITY- The requirement of section 3125(b)(2) does not
apply to emergency planning, design, and construction activities conducted
under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121, amounts
appropriated pursuant to this title for management and support activities and
for general plant projects are available for use, when necessary, in
connection with all national security programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL- Except as provided in subsection (b), when so specified in
an appropriations Act, amounts appropriated for operation and maintenance or
for plant projects may remain available until expended.
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS- Amounts appropriated for
program direction pursuant to an authorization of appropriations in subtitle A
shall remain available to be expended only until the end of fiscal year
2003.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS- The
Secretary of Energy shall provide the manager of each field office of the
Department of Energy with the authority to transfer defense environmental
management funds from a program or project under the jurisdiction of the
office to another such program or project.
(b) LIMITATIONS- (1) Only one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office under
subsection (a) unless the manager determines that the transfer is necessary to
address a risk to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds at the field
office.
(4) Funds transferred pursuant to subsection (a) may not be used for an
item for which Congress has specifically denied funds or for a new program or
project that has not been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS- The requirements of section
3121 shall not apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION- The Secretary, acting through the Assistant Secretary of
Energy for Environmental Management, shall notify Congress of any transfer of
funds pursuant to subsection (a) not later than 30 days after such transfer
occurs.
(e) DEFINITIONS- In this section:
(1) The term `program or project' means, with respect to a field office
of the Department of Energy, any of the following:
(A) A program referred to or a project listed in paragraphs (2)
through (5) of section 3102(a).
(B) A program or project not described in subparagraph (A) that is for
environmental restoration or waste management activities necessary for
national security programs of the Department, that is being carried out by
the office, and for which defense environmental management funds have been
authorized and appropriated before the date of the enactment of this
Act.
(2) The term `defense environmental management funds' means funds
appropriated to the Department of Energy pursuant to an authorization for
carrying out environmental restoration and waste management activities
necessary for national security programs.
(f) DURATION OF AUTHORITY- The managers of the field offices of the
Department may exercise the authority provided under subsection (a) during the
period beginning on October 1, 2000, and ending on September 30, 2001.
Subtitle C--National Nuclear Security
Administration
SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY FOR
NUCLEAR SECURITY OF THE DEPARTMENT
OF ENERGY.
(a) LENGTH OF TERM- The term of office as Under Secretary for Nuclear Security of the Department of
Energy of the person first appointed to that position shall be three years.
(b) EXCLUSIVE REASONS FOR REMOVAL- The exclusive reasons for removal from
office as Under Secretary for Nuclear Security of the person
described in subsection (a) shall be inefficiency, neglect of duty, or
malfeasance in office.
(c) POSITION DESCRIBED- The position of Under Secretary for Nuclear Security of the Department of
Energy referred to in this section is the position established by subsection
(c) of section 202 of the Department of Energy Organization Act (42 U.S.C.
7132), as added by section 3202 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 113 Stat. 954)).
SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE JOINT NUCLEAR WEAPONS COUNCIL.
(a) MEMBERSHIP- Section 179 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraph (3) and inserting the
following new paragraph (3):
`(3) The Under Secretary for Nuclear Security of the Department
of Energy.'; and
(2) in subsection (b)(2), by striking `the representative designated
under subsection (a)(3)' and inserting `the Under Secretary for Nuclear Security of the Department
of Energy'.
(b) CONFORMING AMENDMENT- Section 3212 of the National Nuclear Security Administration Act
(title XXXII of the Public Law 106-65; 50 U.S.C. 2402) is amended by adding at
the end the following new subsection:
`(e) MEMBERSHIP ON JOINT NUCLEAR WEAPONS COUNCIL- The
Administrator serves as a member of the Joint Nuclear Weapons Council under section
179 of title 10, United States Code.'.
SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY ORGANIZATION
OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) SCOPE OF AUTHORITY- Subtitle A of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 113 Stat. 957; 50 U.S.C. 2401 et seq.) is
amended by adding at the end the following new section:
`SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY ORGANIZATION
OF ADMINISTRATION.
`Notwithstanding the authority granted by section 643 of the Department of
Energy Organization Act (42 U.S.C. 7253) or any other provision of law, the
Secretary of Energy may not establish, abolish, alter, consolidate, or
discontinue any organizational unit or component, or transfer any function, of
the Administration, except as authorized by subsection (b) or (c) of section
3291.'.
(b) CONFORMING AMENDMENTS- Section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) is amended--
(1) by striking `The Secretary' and inserting `(a) Subject to subsection
(b), the Secretary'; and
(2) by adding at the end the following new subsection:
`(b) The authority of the Secretary to establish, abolish, alter,
consolidate, or discontinue any organizational unit or component of the
National Nuclear Security
Administration is governed by the provisions of section 3219 of the National
Nuclear Security Administration
Act (title XXXII of Public Law 106-65).'.
SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT SERVICE OR
DUTIES INSIDE AND OUTSIDE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Subtitle C of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 50 U.S.C. 2441 et seq.) is amended by
adding at the end the following new section:
`SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT SERVICE OR
DUTIES INSIDE AND OUTSIDE ADMINISTRATION.
`Except as otherwise expressly provided by statute, no funds authorized to
be appropriated or otherwise made available for the Department of Energy for
any fiscal year after fiscal year 2000 may be obligated or utilized to pay the
basic pay of an officer or employee of the Department of Energy who--
`(1) serves concurrently in a position in the Administration and a
position outside the Administration; or
`(2) performs concurrently the duties of a position in the
Administration and the duties of a position outside the
Administration.'.
SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) PLAN REQUIRED- Not later than March 1, 2001, the Administrator of the
National Nuclear Security
Administration shall submit to the Committees on Armed Services of the Senate
and House of Representatives a plan for assigning roles and responsibilities
to and among the headquarters and field organizational units of the National
Nuclear Security
Administration.
(b) PLAN ELEMENTS- The plan shall include the following:
(1) A general description of the organizational structure of the
administrative functions of the National Nuclear Security Administration
under the plan, including the authorities and responsibilities to be vested
in the units of the headquarters, operations offices, and area offices of
the Administration.
(2) A description of any downsizing, elimination, or consolidation of
units of the headquarters, operations offices, and area offices of the
Administration that may be necessary to enhance the efficiency of the
Administration.
(3) A description of the modifications of staffing levels of the
headquarters, operations offices, and area offices of the Administration,
including any reductions in force, employment of additional personnel, or
realignments of personnel, that are necessary to implement the plan.
(4) A schedule for the implementation of the plan.
(c) INCLUDED FACILITIES- The plan shall address any administrative units
in the National Nuclear Security
Administration, including units in and under the following:
(1) The Department of Energy Headquarters, Washington, District of
Columbia, metropolitan area.
(2) The Albuquerque Operations Office, Albuquerque, New Mexico.
(3) The Nevada Operations Office, Las Vegas, Nevada.
(4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
(5) The Oakland Operations Office, Oakland, California.
(6) The Savannah River Operations Office, Aiken, South Carolina.
(7) The Los Alamos Area Office, Los Alamos, New Mexico.
(8) The Kirtland Area Office, Albuquerque, New Mexico.
(9) The Amarillo Area Office, Amarillo, Texas.
(10) The Kansas City Area Office, Kansas City, Missouri.
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