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H.R.4205
National Defense Authorization Act for Fiscal Year 2001 (Engrossed
Senate Amendment)
f Energy.
SEC. 3178. ADJUSTMENT OF THRESHOLD REQUIREMENT FOR SUBMISSION OF REPORTS
ON ADVANCED COMPUTER SALES TO TIER
III FOREIGN COUNTRIES.
Section 3157 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 2045) is amended by adding at the end the
following:
`(e) ADJUSTMENT OF PERFORMANCE LEVELS- Whenever a new composite
theoretical performance level is established under section 1211(d), that level
shall apply for purposes of subsection (a) of this section in lieu of the
level set forth in subsection (a).'.
Subtitle G--Russian Nuclear Complex Conversion
SEC. 3191. SHORT TITLE.
This subtitle may be cited as the `Russian Nuclear Weapons Complex
Conversion Act of 2000'.
SEC. 3192. FINDINGS.
Congress makes the following findings:
(1) The Russian nuclear weapons complex has begun closure and
complete reconfiguration of certain weapons complex plants and productions
lines. However, this work is at an early stage. The major impediments to
downsizing have been economic and social conditions in Russia. Little
information about this complex is shared, and 10 of its most sensitive
cities remain closed. These cities house 750,000 people and employ
approximately 150,000 people in nuclear military facilities. Although the
Russian Federation Ministry of Atomic Energy has announced the need to
significantly downsize its workforce, perhaps by as much as 50 percent, it
has been very slow in accomplishing this goal. Information on the extent of
any progress is very closely held.
(2) The United States, on the other hand, has significantly
downsized its nuclear weapons complex in an open and transparent manner. As
a result, an enormous asymmetry now exists between the United States and
Russia in nuclear weapon production capacities and in transparency of such
capacities. It is in the national security interest of the United States to
assist the Russian Federation in accomplishing significant reductions in its
nuclear military complex and in helping it to protect its nuclear weapons,
nuclear materials, and nuclear secrets during such reductions. Such
assistance will accomplish critical nonproliferation objectives and provide
essential support towards future arms reduction agreements. The Russian
Federation's program to close and reconfigure weapons complex plants and
production lines will address, if it is implemented in a significant and
transparent manner, concerns about the Russian Federation's ability to
quickly reconstitute its arsenal.
(3) Several current programs address portions of the downsizing and
nuclear security concerns. The Nuclear Cities Initiative was established to
assist Russia in creating job opportunities for employees who are not
required to support realistic Russian nuclear security requirements. Its
focus has been on creating commercial ventures that can provide
self-sustaining jobs in three of the closed cities. The current scope and
funding of the program are not commensurate with the scale of the threats to
the United States sought to be addressed by the program.
(4) To effectively address threats to United States national
security interests, progress with respect to the nuclear cities must be
expanded and accelerated. The Nuclear Cities Initiative has laid the
groundwork for an immediate increase in investment which offers the
potential for prompt risk reduction in the cities of Sarov, Snezhinsk, and
Zheleznogorsk, which house four key Russian nuclear facilities. Furthermore,
the Nuclear Cities Initiative has made considerable progress with the
limited funding available. However, to gain sufficient advocacy for
additional support, the program must demonstrate--
(A) rapid progress in conversion and restructuring;
and
(B) an ability for the United States to track progress against
verifiable milestones that support a Russian nuclear complex consistent
with their future national security requirements.
(5) Reductions in the nuclear weapons-grade material stocks in the
United States and Russia enhance prospects for future arms control
agreements and reduce concerns that these materials could lead to
proliferation risks. Confidence in both nations will be enhanced by
knowledge of the extent of each nation's stockpiles of weapons-grade
materials. The United States already makes this information
public.
(6) Many current programs contribute to the goals stated herein.
However, the lack of programmatic coordination within and among United
States Government agencies impedes the capability of the United States to
make rapid progress. A formal single point of coordination is essential to
ensure that all United States programs directed at cooperative threat
reduction, nuclear materials reduction and protection, and the downsizing,
transparency, and nonproliferation of the nuclear weapons complex
effectively mitigate the risks inherent in the Russian Federation's military
complex.
(7) Specialists in the United States and the former Soviet Union
trained in nonproliferation studies can significantly assist in the
downsizing process while minimizing the threat presented by potential
proliferation of weapons materials or expertise.
SEC. 3193. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES
INITIATIVE.
(a) IN GENERAL- The Secretary of Energy shall, in accordance with the
provisions of this section, take appropriate actions to expand and enhance the
activities under the Nuclear Cities Initiative in order to--
(1) assist the Russian Federation in the downsizing of the Russian
Nuclear Complex; and
(2) coordinate the downsizing of the Russian Nuclear Complex under
the Initiative with other United States nonproliferation
programs.
(b) ENHANCED USE OF MINATOM TECHNOLOGY AND RESEARCH AND DEVELOPMENT
SERVICES- In carrying out actions under this section, the Secretary of Energy
shall facilitate the enhanced use of the technology, and the research and
development services, of the Russia Ministry of Atomic Energy (MINATOM)
by--
(1) fostering the commercialization of peaceful, non-threatening
advanced technologies of the Ministry through the development of projects to
commercialize research and development services for industry and industrial
entities; and
(2) authorizing the Department of Energy, and encouraging other
departments and agencies of the United States Government, to utilize such
research and development services for activities appropriate to the mission
of the Department, and such departments and agencies, including activities
relating to--
(A) nonproliferation (including the detection and identification
of weapons of mass destruction and verification of treaty
compliance);
(B) global energy and environmental matters; and
(C) basic scientific research of benefit to the United
States.
(c) ACCELERATION OF NUCLEAR CITIES INITIATIVE- (1) In carrying out
actions under this section, the Secretary of Energy shall accelerate the
Nuclear Cities Initiative by implementing, as soon as practicable after the
date of the enactment of this Act, programs at the nuclear cities referred to
in paragraph (2) in order to convert significant portions of the activities
carried out at such nuclear cities from military activities to civilian
activities.
(2) The nuclear cities referred to in this paragraph are the
following:
(B) Snezhinsk (Chelyabinsk-70).
(C) Zheleznogorsk (Krasnoyarsk-26).
(3) To advance nonproliferation and arms control objectives, the
Nuclear Cities Initiative is encouraged to begin planning for accelerated
conversion, commensurate with available resources, in the remaining nuclear
cities.
(4) Before implementing a program under paragraph (1), the Secretary
shall establish appropriate, measurable milestones for the activities to be
carried out in fiscal year 2001.
(d) PLAN FOR RESTRUCTURING THE RUSSIAN NUCLEAR COMPLEX- (1) The
President, acting through the Secretary of Energy, is urged to enter into
negotiations with the Russian Federation for purposes of the development by
the Russian Federation of a plan to restructure the Russian Nuclear Complex in
order to meet changes in the national security requirements of Russia by
2010.
(2) The plan under paragraph (1) should include the following:
(A) Mechanisms to achieve a nuclear weapons production capacity in
Russia that is consistent with the obligations of Russia under current and
future arms control agreements.
(B) Mechanisms to increase transparency regarding the restructuring
of the nuclear weapons complex and weapons-surplus nuclear materials
inventories in Russia to the levels of transparency for such matters in the
United States, including the participation of Department of Energy officials
with expertise in transparency of such matters.
(C) Measurable milestones that will permit the United States and the
Russian Federation to monitor progress under the plan.
(e) ENCOURAGEMENT OF CAREERS IN NONPROLIFERATION- (1) In carrying out
actions under this section, the Secretary of Energy shall carry out a program
to encourage students in the United States and in the Russian Federation to
pursue a career in an area relating to nonproliferation.
(2) Of the amounts under subsection (f), up to $2,000,000 shall be
available for purposes of the program under paragraph (1).
(f) FUNDING FOR FISCAL YEAR 2001- (1) There is hereby authorized to be
appropriated for the Department of Energy for fiscal year 2001, $30,000,000
for purposes of the Nuclear Cities Initiative, including activities under this
section.
(2) The amount authorized to be appropriated by section 101(5) for
other procurement for the Army is hereby reduced by $12,500,000, with the
amount of the reduction to be allocated to the Close Combat Tactical
Trainer.
(g) LIMITATION ON AVAILABILITY OF FUNDS FOR NUCLEAR CITIES INITIATIVE-
No amount in excess of $17,500,000 authorized to be appropriated for the
Department of Energy for fiscal year 2001 for the Nuclear Cities Initiative
may be obligated or expended for purposes of providing assistance under the
Initiative until 30 days after the date on which the Secretary of Energy
submits to the Committees on Armed Services of the Senate and House of
Representatives the following:
(1) A copy of the written agreement between the United States
Government and the Government of the Russian Federation which provides that
Russia will close some of its facilities engaged in nuclear weapons assembly
and disassembly work within five years in exchange for participation in the
Initiative.
(2) A certification by the Secretary that--
(A) project review procedures for all projects under the
Initiative have been established and implemented; and
(B) such procedures will ensure that any scientific, technical, or
commercial project initiated under the Initiative--
(i) will not enhance the military or weapons of mass destruction
capabilities of Russia;
(ii) will not result in the inadvertent transfer or utilization
of products or activities under such project for military
purposes;
(iii) will be commercially viable within three years of the date
of the certification; and
(iv) will be carried out in conjunction with an appropriate
commercial, industrial, or other nonprofit entity as
partner.
(3) A report setting forth the following:
(A) The project review procedures referred to in paragraph
(2)(A).
(B) A list of the projects under the Initiative that have been
reviewed under such project review procedures.
(C) A description for each project listed under subparagraph (B)
of the purpose, life-cycle, out-year budget costs, participants,
commercial viability, expected time for income generation, and number of
Russian jobs created.
(h) SENSE OF CONGRESS ON FUNDING FOR FISCAL YEARS AFTER FISCAL YEAR
2001- It is the sense of Congress that the availability of funds for the
Nuclear Cities Initiative in fiscal years after fiscal year 2001 should be
contingent upon--
(1) demonstrable progress in the programs carried out under
subsection (c), as determined utilizing the milestones required under
paragraph (4) of that subsection; and
(2) the development and implementation of the plan required by
subsection (d).
SEC. 3194. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL
COORDINATOR FOR NONPROLIFERATION MATTERS.
It is the sense of Congress that--
(1) there should be a National Coordinator for Nonproliferation
Matters to coordinate--
(A) the Nuclear Cities Initiative;
(B) the Initiatives for Proliferation Prevention
program;
(C) the Cooperative Threat Reduction programs;
(D) the materials protection, control, and accounting programs;
and
(E) the International Science and Technology Center;
and
(2) the position of National Coordinator for Nonproliferation
Matters should be similar, regarding nonproliferation matters, to the
position filled by designation of the President under section 1441(a) of the
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)).
SEC. 3195. DEFINITIONS.
(1) NUCLEAR CITY- The term `nuclear city' means any of the closed
nuclear cities within the complex of the Russia Ministry of Atomic Energy
(MINATOM) as follows:
(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).
(I) Zhelenznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
(2) RUSSIAN NUCLEAR COMPLEX- The term `Russian Nuclear Complex'
refers to all of the nuclear cities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
There are authorized to be appropriated for fiscal year 2001,
$18,500,000 for the operation of the Defense Nuclear Facilities Safety Board
under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et
seq.).
TITLE XXXIII--NAVAL PETROLEUM RESERVES
SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM THE NAVAL PETROLEUM
RESERVES.
(a) HIGHER MINIMUM PRICE- Subparagraph (A) of section 7430(b)(2) of
title 10, United States Code, is amended by striking `90 percent of'.
(b) INAPPLICABILITY OF REQUIREMENT TO RESERVE NUMBERED 1- Such section
7430(b)(2) is further amended by striking `Naval Petroleum Reserves Numbered
1, 2, and 3' in the matter preceding subparagraph (A) and inserting `Naval
Petroleum Reserves Numbered 2 and 3'.
SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR UNIT PLANS
AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) REPEAL- Section 7426 of title 10, United States Code, is
repealed.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of
chapter 641 of such title is amended by striking the item relating to section
7426.
SEC. 3303. LAND TRANSFER AND RESTORATION.
(a) SHORT TITLE- This section may be cited as the `Ute-Moab Land
Restoration Act'.
(b) TRANSFER OF OIL SHALE RESERVE- Section 3405 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note;
Public Law 105-261) is amended to read as follows:
`SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.
`(a) DEFINITIONS- In this section:
`(1) MAP- The term `map' means the map depicting the boundaries of
NOSR-2, to be kept on file and available for public inspection in the
offices of the Department of the Interior.
`(2) MOAB SITE- The term `Moab site' means the Moab uranium milling
site located approximately 3 miles northwest of Moab, Utah, and identified
in the Final Environmental Impact Statement issued by the Nuclear Regulatory
Commission in March 1996, in conjunction with Source Material License No.
SUA 917.
`(3) NOSR-2- The term `NOSR-2' means Oil Shale Reserve Numbered 2,
as identified on a map on file in the Office of the Secretary of the
Interior.
`(4) TRIBE- The term `Tribe' means the Ute Indian Tribe of the
Uintah and Ouray Indian Reservation.
`(1) IN GENERAL- Except as provided in paragraph (2), the United
States conveys to the Tribe, subject to valid existing rights in effect on
the day before the date of enactment of this section, all Federal land
within the exterior boundaries of NOSR-2 in fee simple (including surface
and mineral rights).
`(2) RESERVATIONS- The conveyance under paragraph (1) shall not
include the following reservations of the United States:
`(A) A 9 percent royalty interest in the value of any oil, gas,
other hydrocarbons, and all other minerals from the conveyed land that are
produced, saved, and sold, the payments for which shall be made by the
Tribe or its designee to the Secretary of Energy during the period that
the oil, gas, hydrocarbons, or minerals are being produced, saved, sold,
or extracted.
`(B) The portion of the bed of Green River contained entirely
within NOSR-2, as depicted on the map.
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