Department of Energy National Security Act for Fiscal Year 2001

Summary

Department of Energy National Security Act for Fiscal Year 2001 - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 2001 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) defense nuclear nonproliferation; (3) naval reactors activities; (4) defense environmental restoration and waste management; (5) other defense activities; (6) defense environmental management privatization activities; (7) an energy employees compensation initiative; and (8) defense nuclear waste disposal. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, Congress until the Secretary of Energy (Secretary) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits. (Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires congressional notification to the defense committees of any such transfer. (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding requests for designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, or construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. (Sec. 3127) Makes amounts appropriated pursuant to this title for management and support activities and for general plant projects available for use in connection with all DOE national security programs. (Sec. 3129) Directs the Secretary, during FY 2001, to empower each DOE field office manager with the authority to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfer to a total of $5 million per fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer. Subtitle C: National Nuclear Security Administration - Mandates a three-year term of office for the person first appointed to the position of Under Secretary for Nuclear Security of the Department of Energy. Limits the reasons for removal from such position to inefficiency, neglect of duty, or malfeasance in office. Includes such Under Secretary as a member of the Joint Nuclear Weapons Council. (Sec. 3133) Amends the National Nuclear Security Administration Act to specifically limit the authority of the Secretary to establish, alter, or discontinue any unit of the National Nuclear Security Administration (Administration) to that provided under such Act. (Sec. 3134) Amends the above Act to prohibit any DOE funds made available after FY 2000 from being obligated or expended to pay an officer or employee of DOE who: (1) serves concurrently in a position within and outside such Administration; or (2) performs concurrently the duties of a position within and outside such Administration. (Sec. 3135) Requires the Administrator of such Administration to submit to the defense committees a plan for assigning roles and responsibilities to and among the headquarters and field organizational units of the Administration. (Sec. 3136) Requires the Under Secretary for Nuclear Security to submit to the defense and appropriations committees a future-years nuclear security program for FY 2001 and the five succeeding fiscal years. Outlines the required level of detail of such program. Requires such program to be submitted by November 1, 2000. Limits the use of certain funds pending submission of such program and a waiting period of 45 days thereafter. (Sec. 3137) States as an objective of the Administration to obligate certain percentages of the total funds appropriated for the Administration for cooperative research and development agreements or similar cooperative, cost-shared partnerships with non-Federal organizations. Requires the Administrator to report to the defense and appropriations committees recommending the appropriate percentages for such funding during each fiscal year. Requires follow-up reports on whether such funding objectives were achieved. Subtitle D: Program Authorizations, Restrictions, and Limitations - Directs the Secretary to continue operations and to maintain a high state of readiness at the F- and H-canyon facilities at the Savannah River Site, South Carolina, and to provide technical staff necessary to maintain such facilities. Prohibits any DOE funds from being used to decommission the F-facility until the Secretary and the Defense Nuclear Facilities Safety Board jointly submit to the defense and appropriations committees a certification concerning the stability of materials and that future needs can be met utilizing only the H-facility. Directs the Secretary to submit to the defense committees a plan for the transfer of all long-term chemical separation activities from the F- to the H-facility. (Sec. 3152) Prohibits, as of March 1, 2001, any DOE funds from being used for travel expenses by the Secretary or any employees of the Office of the Secretary unless the Secretary certifies to the defense and appropriations committees that DOE is in compliance with certain requirements prohibiting the use of funds for treatment, storage, or disposal activities at formerly used defense sites. (Sec. 3153) Directs the Secretary to report annually to the defense committees on the status of efforts to secure weapons-usable nuclear materials in Russia that have been identified as being at risk for theft or diversion. Prohibits FY 2001 funds for the Nuclear Cities Initiative from being obligated or expended until 30 days after the Secretary submits to the defense committees a copy of an agreement between Russia and the United States which provides that Russia will close some of its facilities engaged in nuclear weapons assembly and disassembly work. Provides a further Nuclear Cities Initiative funding limitation until the Secretary establishes and implements project review procedures for Initiative projects. Requires a report to the defense committees on such procedures. (Sec. 3154) Amends the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 to include within the counterintelligence polygraph requirements of such Act certain individuals involved in or applying for high-risk positions, as specified under the Code of Federal Regulations. Authorizes the Secretary to waive the polygraph requirements if: (1) the Secretary determines the waiver to be in the national security interests; (2) the covered person has been previously granted a security clearance; and (3) the covered person acknowledges in writing that such requirements must be met after the expiration of the waiver. Allows such a waiver if: (1) another Federal agency certifies that the covered person has successfully completed a full scope of such an examination during a five-year period prior to such certification; or (2) the Secretary determines that the treatment of a medical or psychological condition should preclude the administration of such polygraph. Limits any waiver to 120 days. Includes as authorized examination questions those concerning terrorism and deliberate damage to or malicious use of a U.S. Government information or defense system. (Sec. 3155) Authorizes the Secretary to provide certain incentives to an individual who: (1) is a Federal employee who has worked continuously at a closure facility for at least two years; (2) has a fully satisfactory or equivalent performance rating; and (3) meets any other required incentive conditions as determined by the Secretary. Includes among such incentives: (1) the right to accumulate annual leave (with limitations); (2) the right to be paid a retention bonus; (3) an administrative detail; and (4) the right to receive a voluntary separation incentive payment. Requires such employee to enter into an agreement to remain in such employment until a date to be determined by the Secretary, in return for the receipt of one of more of the incentives. Authorizes the Secretary to waive the agreement requirement for good cause shown. Requires a report on such incentives by the Secretary as part of a required annual report under a prior defense authorization Act. Terminates the authority for such incentives at the end of FY 2011. Authorizes the head of an executive agency to detail within such agency, within another executive agency, or to a non-Federal employer an employee who has been identified as being, or likely to become, a surplus or displaced employee. Provides temporary health care coverage for employees who are voluntarily or involuntarily separated from DOE by reason of a closure project. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 2002 the authority of the Secretary to appoint up to 200 positions in DOE for scientific, engineering, and technical personnel whose duties will relate to safety at defense nuclear facilities. (Sec. 3172) Amends the National Defense Authorization Act for Fiscal Year 1996 to require biennial updates of a report concerning DOE nuclear test readiness postures, and to require certain additional information in such reports. (Sec. 3173) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to require the Secretary on a quarterly basis (currently, only 30 days after an inadvertent release) to notify specified committees and the Assistant to the President for National Security Affairs of the inadvertent release of records containing restricted or formerly restricted data during the automatic declassification of records. (Sec. 3174) Requires any certification submitted to the President by the Secretaries of Energy or Defense concerning the safety or reliability of a nuclear weapon type in the U.S. nuclear weapons stockpile to be submitted in classified form only. (Sec. 3175) Allows the Secretary to authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities to maintain and enhance the engineering and manufacturing capabilities at such plant. Provides funding from DOE national security programs funds. Includes as covered plants those in Kansas City, Missouri, Oak Ridge, Tennessee, and Amarillo, Texas. (Sec. 3176) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize the Federal waiver of a license from a DOE laboratory to a party to have such party practice an invention discovered in a DOE laboratory by or on behalf of the Government when the designated official finds that the retention of such license would substantially inhibit the commercialization of an invention that would otherwise serve an important Federal mission. Terminates such waiver authority five years after the enactment of this Act. (Sec. 3177) Authorizes the Secretary to present a certificate of commendation to any current or former DOE employee, or current or former employee of a DOE contractor, whose service in matters relating to stockpile stewardship and security assisted DOE in furthering U.S. national security interests. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 2001 for the Defense Nuclear Facilities Safety Board. Title XXXIII: Naval Petroleum Reserves - Amends Federal provisions concerning the naval petroleum reserves to: (1) remove a requirement that the Secretary sell such petroleum at a price equal to at least 90 percent of comparable petroleum in the same area; (2) remove Naval Petroleum Reserve Number 1 from inclusion in any price requirements; and (3) repeal provisions authorizing the Secretary to enter into cooperative plans for the exploration, development, use, and operation of lands inside Naval Petroleum Reserve Number 1. Title XXXIV: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 2001, to obligate up to $75 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations. (Sec. 3402) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to increase the authorized receipts for NDS disposals occurring by the end of FY 2002, 2003, and 2005.

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6 official files

• Engrossed in Senate (text)

  Engrossed in Senate · EN · 13 July 2000

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• Engrossed in Senate (PDF)

  Engrossed in Senate · EN · 13 July 2000

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• Passed Senate amended

  summary · EN · 13 July 2000

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• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN · 12 May 2000

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• Placed on Calendar Senate (PDF)

  Placed on Calendar Senate · EN · 12 May 2000

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• Introduced in Senate

  summary · EN · 12 May 2000

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