Calendar No. 117

106TH CONGRESS

1ST SESSION S. 1062

A BILL

To authorize appropriations for fiscal year 2000 for

and for other purposes.defense activities of the Department of Energy,

MAY 17 (legislative day, MAY 14), 1999

Read twice and placed on the calendar
II

Calendar No. 117

106TH CONGRESS

1ST SESSION S. 1062

To authorize appropriations for fiscal year 2000 for defense activities of

the Department of Energy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 14), 1999

Mr. WARNER, from the Committee on Armed Services, reported the following

original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 2000 for defense

activities of the Department of Energy, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 2000’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.
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Sec. 3. Congressional defense committees defined.

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense environmental management privatization.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant 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. Transfers of defense environmental management funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Prohibition on use of funds for certain activities under Formerly

Utilized Site Remedial Action Program.

Sec. 3132. Continuation of processing, treatment, and disposition of legacy nuclear materials.

Sec. 3133. Nuclear weapons stockpile life extension program.

Sec. 3134. Tritium production.

Sec. 3135. Independent cost estimate of Accelerator Production of Tritium.

Sec. 3136. Nonproliferation initiatives and activities.

Subtitle D—Safeguards, Security, and Counterintelligence at

Department of Energy Facilities

Sec. 3151. Short title.

Sec. 3152. Commission on Safeguards, Security, and Counterintelligence at Department of Energy Facilities.

Sec. 3153. Background investigations of certain personnel at Department of

Energy facilities.

Sec. 3154. Plan for polygraph examinations of certain personnel at Department

of Energy facilities.

Sec. 3155. Civil monetary penalties for violations of Department of Energy regulations relating to the safeguarding and security of Restricted

Data.

Sec. 3156. Moratorium on laboratory-to-laboratory and foreign visitors and assignments programs.

Sec. 3157. Increased penalties for misuse of Restricted Data.

Sec. 3158. Organization of Department of Energy counterintelligence and intelligence programs and activities.
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Sec. 3159. Counterintelligence activities at certain Department of Energy facilities.

Sec. 3160. Whistleblower protection.

Sec. 3161. Investigation and remediation of alleged reprisals for disclosure of

certain information to Congress.

Sec. 3162. Notification to Congress of certain security and counterintelligence

failures at Department of Energy facilities.

Sec. 3163. Definition.

Subtitle E—Other Matters

Sec. 3171. Maintenance of nuclear weapons expertise in the Department of Defense and Department of Energy.

Sec. 3172. Modification of budget and planning requirements for Department

of Energy national security activities.

Sec. 3173. Extension of authority of Department of Energy to pay voluntary

separation incentive payments.

Sec. 3174. Integrated fissile materials management plan.

Sec. 3175. Authority of Department of Energy to accept loans from contractors

for closure projects at Department of Energy defense facilities.

Sec. 3176. Pilot program for project management oversight regarding Department of Energy construction projects.

Sec. 3177. Extension of review of Waste Isolation Pilot Plant, New Mexico.

Sec. 3178. Proposed schedule for shipments of waste from the Rocky Flats

Plant, Colorado, to the Waste Isolation Pilot Project, New

Mexico.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.

Sec. 3302. Limitations on previous authority for disposal of stockpile materials.

TITLE XXXIV—PANAMA CANAL COMMISSION

Sec. 3401. Short title.

Sec. 3402. Authorization of expenditures.

Sec. 3403. Purchase of vehicles.

Sec. 3404. Expenditures only in accordance with treaties.

Sec. 3405. Office of Transition Administration.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and
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1 (2) the Committee on National Security and the

2 Committee on Appropriations of the House of Rep3 resentatives.

4 TITLE XXXI—DEPARTMENT OF

5 ENERGY NATIONAL SECURITY

6 PROGRAMS

7 Subtitle A—National Security

8 Programs Authorizations

9 SEC. 3101. WEAPONS ACTIVITIES.

10 Funds are hereby authorized to be appropriated to

11 the Department of Energy for fiscal year 2000 for weap12 ons activities in carrying out programs necessary for na13 tional security in the amount of $4,530,000,000, to be al14 located as follows:

15 (1) STOCKPILE STEWARDSHIP.—Funds are

16 hereby authorized to be appropriated to the Depart17 ment of Energy for fiscal year 2000 for stockpile

18 stewardship in carrying out weapons activities nec19 essary for national security programs in the amount

20 of $2,248,700,000, to be allocated as follows:

21 (A) For core stockpile stewardship,

22 $1,748,500,000, to be allocated as follows:

23 (i) For operation and maintenance,

24 $1,615,355,000.
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1 (ii) For plant projects (including

2 maintenance, restoration, planning, con3 struction, acquisition, modification of fa4 cilities, and the continuation of projects

5 authorized in prior years, and land acquisi6 tion related thereto), $133,145,000, to be

7 allocated as follows:

8 Project 00–D–103, terascale sim9 ulation facility, Lawrence Livermore

10 National Laboratory, Livermore, Cali11 fornia, $8,000,000.

12 Project 00–D–105, strategic

13 computing complex, Los Alamos Na14 tional Laboratory, Los Alamos, New

15 Mexico, $26,000,000.

16 Project 00–D–107, joint com17 putational engineering laboratory,

18 Sandia National Laboratories, Albu19 querque, New Mexico, $1,800,000.

20 Project 99–D–102, rehabilitation

21 of maintenance facility, Lawrence

22 Livermore National Laboratory,

23 Livermore, California, $3,900,000.

24 Project 99–D–103, isotope

25 sciences facilities, Lawrence Liver-
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1 more National Laboratory, Livermore,

2 California, $2,000,000.

3 Project 99–D–104, protection of

4 real property (roof reconstruction,

5 Phase II), Lawrence Livermore Na6 tional Laboratory, Livermore, Cali7 fornia, $2,400,000.

8 Project 99–D–105, central health

9 physics calibration facility, Los Ala10 mos National Laboratory, Los Ala11 mos, New Mexico, $1,000,000.

12 Project 99–D–106, model valida13 tion and system certification test cen14 ter, Sandia National Laboratories, Al15 buquerque, New Mexico, $6,500,000.

16 Project 99–D–108, renovate ex17 isting roadways, Nevada Test Site,

18 Nevada, $7,005,000.

19 Project 97–D–102, dual-axis ra20 diographic hydrotest facility, Los Ala21 mos National Laboratory, Los Ala22 mos, New Mexico, $61,000,000.

23 Project 96–D–102, stockpile

24 stewardship facilities revitalization,
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1 Phase VI, various locations,

2 $2,640,000.

3 Project 96–D–104, processing

4 and environmental technology labora5 tory, Sandia National Laboratories,

6 Albuquerque, New Mexico,

7 $10,900,000.

8 (B) For inertial fusion, $465,700,000, to

9 be allocated as follows:

10 (i) For operation and maintenance,

11 $217,600,000.

12 (ii) For the following plant project

13 (including maintenance, restoration, plan14 ning, construction, acquisition, and modi15 fication of facilities, and land acquisition

16 related thereto), $248,100,000, to be allo17 cated as follows:

18 Project 96–D–111, national igni19 tion facility, Lawrence Livermore Na20 tional Laboratory, Livermore, Cali21 fornia, $248,100,000.

22 (C) For technology partnership and edu23 cation, $34,500,000, to be allocated as follows:

24 (i) For technology partnership,

25 $15,200,000.
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1 (ii) For education, $19,300,000.

2 (2) STOCKPILE MANAGEMENT.—Funds are

3 hereby authorized to be appropriated to the Depart4 ment of Energy for fiscal year 2000 for stockpile

5 management in carrying out weapons activities nec6 essary for national security programs in the amount

7 of $2,039,300,000, to be allocated as follows:

8 (A) For operation and maintenance,

9 $1,880,621,000.

10 (B) For plant projects (including mainte11 nance, restoration, planning, construction, ac12 quisition, modification of facilities, and the con13 tinuation of projects authorized in prior years,

14 and land acquisition related thereto),

15 $158,679,000, to be allocated as follows:

16 Project 99–D–122, rapid reactivation,

17 various locations, $11,700,000.

18 Project 99–D–127, stockpile manage19 ment restructuring initiative, Kansas City

20 Plant, Kansas City, Missouri,

21 $17,000,000.

22 Project 99–D–128, stockpile manage23 ment restructuring initiative, Pantex Plant

24 consolidation, Amarillo, Texas, $3,429,000.
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1 Project 99–D–132, stockpile manage2 ment restructuring initiative, nuclear mate3 rial safeguards and security upgrades

4 project, Los Alamos National Laboratory,

5 Los Alamos, New Mexico, $11,300,000.

6 Project 98–D–123, stockpile manage7 ment restructuring initiative, tritium facil8 ity modernization and consolidation, Sa9 vannah River Site, Aiken, South Carolina,

10 $21,800,000.

11 Project 98–D–124, stockpile manage12 ment restructuring initiative, Y–12 Plant

13 consolidation, Oak Ridge, Tennessee,

14 $3,150,000.

15 Project 98–D–125, tritium extraction

16 facility, Savannah River Site, Aiken, South

17 Carolina, $33,000,000.

18 Project 98–D–126, accelerator pro19 duction of tritium, various locations,

20 $31,000,000.

21 Project 97–D–123, structural up22 grades, Kansas City Plant, Kansas City,

23 Missouri, $4,800,000.

24 Project 95–D–102, chemistry and

25 metallurgy research building upgrades, Los
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1 Alamos National Laboratory, Los Alamos,

2 New Mexico, $18,000,000.

3 Project 88–D–123, security enhance4 ments, Pantex Plant, Amarillo, Texas,

5 $3,500,000.

6 (3) PROGRAM DIRECTION.—Funds are hereby

7 authorized to be appropriated to the Department of

8 Energy for fiscal year 2000 for program direction in

9 carrying out weapons activities necessary for na10 tional security programs in the amount of

11 $242,000,000.

12 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

13 WASTE MANAGEMENT.

14 Funds are hereby authorized to be appropriated to

15 the Department of Energy for fiscal year 2000 for envi16 ronmental restoration and waste management in carrying

17 out programs necessary for national security in the

18 amount of $5,532,868,000, to be allocated as follows:

19 (1) CLOSURE PROJECTS.—For closure projects

20 carried out in accordance with section 3143 of the

21 National Defense Authorization Act for Fiscal Year

22 1997 (Public Law 104–201; 110 Stat. 2836; 42

23 U.S.C. 7274n) in the amount of $1,069,492,000.

24 (2) SITE PROJECT AND COMPLETION.—For site

25 project and completion in carrying out environ-
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1 mental restoration and waste management activities

2 necessary for national security programs in the

3 amount of $980,919,000, to be allocated as follows:

4 (A) For operation and maintenance,

5 $892,629,000.

6 (B) For plant projects (including mainte7 nance, restoration, planning, construction, ac8 quisition, modification of facilities, and the con9 tinuation of projects authorized in prior years,

10 and land acquisition related thereto),

11 $88,290,000, to be allocated as follows:

12 Project 99–D–402, tank farm support

13 services, F&H areas, Savannah River Site,

14 Aiken, South Carolina, $3,100,000.

15 Project 99–D–404, health physics in16 strumentation laboratory, Idaho National

17 Engineering and Environmental Labora18 tory, Idaho, $7,200,000.

19 Project 98–D–401, H-tank farm

20 storm water systems upgrade, Savannah

21 River Site, Aiken, South Carolina,

22 $2,977,000.

23 Project 98–D–453, plutonium sta24 bilization and handling system for pluto-
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1 nium finishing plant, Richland, Wash2 ington, $16,860,000.

3 Project 98–D–700, road rehabilita4 tion, Idaho National Engineering and En5 vironmental Laboratory, Idaho,

6 $2,590,000.

7 Project 97–D–450, Actinide pack8 aging and storage facility, Savannah River

9 Site, Aiken, South Carolina, $4,000,000.

10 Project 97–D–470, regulatory moni11 toring and bioassay laboratory, Savannah

12 River Site, Aiken, South Carolina,

13 $12,220,000.

14 Project 96–D–406, spent nuclear fuels

15 canister storage and stabilization facility,

16 Richland, Washington, $24,441,000.

17 Project 96–D–464, electrical and util18 ity systems upgrade, Idaho National Engi19 neering and Environmental Laboratory,

20 Idaho, $11,971,000.

21 Project 96–D–471, chlorofluorocarbon

22 heating, ventilation, and air conditioning

23 and chiller retrofit, Savannah River Site,

24 Aiken, South Carolina, $931,000.
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1 Project 86–D–103, decontamination

2 and waste treatment facility, Lawrence

3 Livermore National Laboratory, Liver4 more, California, $2,000,0000.

5 (3) POST-2006 COMPLETION.—For post-2006

6 project completion in carrying out environmental

7 restoration and waste management activities nec8 essary for national security programs in the amount

9 of $2,902,548,000, to be allocated as follows:

10 (A) For operation and maintenance,

11 $2,847,997,000.

12 (B) For plant projects (including mainte13 nance, restoration, planning, construction, ac14 quisition, modification of facilities, and the con15 tinuation of projects authorized in prior years,

16 and land acquisition related thereto),

17 $54,551,000, to be allocated as follows:

18 Project 00–D–401, spent nuclear fuel

19 treatment and storage facility, title I and

20 II, Savannah River Site, Aiken, South

21 Carolina, $7,000,000.

22 Project 99–D–403, privatization

23 phase I infrastructure support, Richland,

24 Washington, $13,988,000.
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1 Project 97–D–402, tank farm restora2 tion and safe operations, Richland, Wash3 ington, $20,516,000.

4 Project 94–D–407, initial tank re5 trieval systems, Richland, Washington,

6 $4,060,000.

7 Project 93–D–187, high-level waste

8 removal from filled waste tanks, Savannah

9 River Site, Aiken, South Carolina,

10 $8,987,000.

11 (4) SCIENCE AND TECHNOLOGY.—For science

12 and technology in carrying out environmental res13 toration and waste management activities necessary

14 for national security programs in the amount of

15 $235,500,000.

16 (5) PROGRAM DIRECTION.—For program direc17 tion in carrying out environmental restoration and

18 waste management activities necessary for national

19 security programs in the amount of $344,409,000.

20 SEC. 3103. OTHER DEFENSE ACTIVITIES.

21 (a) IN GENERAL.—Funds are hereby authorized to

22 be appropriated to the Department of Energy for fiscal

23 year 2000 for other defense activities in carrying out pro24 grams necessary for national security in the amount of

25 $1,821,000,000, to be allocated as follows:
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1 (1) NONPROLIFERATION AND NATIONAL SECU2 RITY.—For nonproliferation and national security,

3 $744,300,000, to be allocated as follows:

4 (A) For verification and control tech5 nology, $497,000,000, to be allocated as fol6 lows:

7 (i) For nonproliferation and

8 verification research and development,

9 $215,000,000.

10 (ii) For arms control, $276,000,000.

11 (iii) For plant projects (including

12 maintenance, restoration, planning, con13 struction, acquisition, modification of fa14 cilities, and the continuation of projects

15 authorized in prior years, and land acquisi16 tion related thereto), $6,000,000, to be al17 located as follows:

18 Project 00–D–192, Nonprolifera19 tion and International Security Cen20 ters (NISC), Los Alamos National

21 Laboratory, New Mexico, $6,000,000.

22 (B) For nuclear safeguards and security,

23 $59,100,000.

24 (C) For security investigations,

25 $47,000,000.
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1 (D) For emergency management,

2 $21,000,000.

3 (E) For program direction, $90,450,000.

4 (F) For HEV Transparency implementa5 tion, $15,750,000.

6 (G) For international nuclear safety,

7 $34,000,000.

8 (2) INTELLIGENCE.—For intelligence,

9 $36,059,000.

10 (3) COUNTERINTELLIGENCE.—For counter11 intelligence, $66,200,000.

12 (4) WORKER AND COMMUNITY TRANSITION AS13 SISTANCE.—For worker and community transition

14 assistance, $30,000,000, to be allocated as follows:

15 (A) For worker and community transition,

16 $26,500,000.

17 (B) For program direction, $3,500,000.

18 (5) FISSILE MATERIALS CONTROL AND DISPOSI19 TION.—For fissile materials control and disposition,

20 $200,000,000, to be allocated as follows:

21 (A) For operation and maintenance,

22 $129,766,000.

23 (B) For program direction, $7,343,000.

24 (C) For plant projects (including mainte25 nance, restoration, planning, construction, ac-
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1 quisition, modification of facilities, and the con2 tinuation of projects authorized in prior years,

3 and land acquisition related thereto),

4 $62,891,000, to be allocated as follows:

5 Project 00–D–142, Immobilization

6 and associated processing facility, various

7 locations, $21,765,000.

8 Project 99–D–141, pit disassembly

9 and conversion facility, various locations,

10 $28,751,000.

11 Project 99–D–143, mixed oxide fuel

12 fabrication facility, various locations,

13 $12,375,000.

14 (6) ENVIRONMENT, SAFETY, AND HEALTH.—

15 For environment, safety, and health, defense,

16 $79,000,000, to be allocated as follows:

17 (A) For the Office of Environment, Safety,

18 and Health (Defense), $54,231,000.

19 (B) For program direction, $24,769,000.

20 (7) OFFICE OF HEARINGS AND APPEALS.—For

21 the Office of Hearings and Appeals, $3,000,000.

22 (8) NAVAL REACTORS.—For naval reactors,

23 $675,000,000, to be allocated as follows:

24 (A) For naval reactors development,

25 $654,400,000, to be allocated as follows:
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1 (i) For operation and maintenance,

2 $630,400,000.

3 (ii) For plant projects (including

4 maintenance, restoration, planning, con5 struction, acquisition, modification of fa6 cilities, and the continuation of projects

7 authorized in prior years, and land acquisi8 tion related thereto), $24,000,000, to be

9 allocated as follows:

10 GPN–101, general plant projects,

11 various locations, $9,000,000.

12 Project 98–D–200, site labora13 tory/facility upgrade, various loca14 tions, $3,000,000.

15 Project 90–N–102, expended core

16 facility dry cell project, Naval Reac17 tors Facility, Idaho, $12,000,000.

18 (B) For program direction, $20,600,000.

19 (b) ADJUSTMENT.—(1) The total amount authorized

20 to be appropriated pursuant to this section is the sum of

21 the amounts authorized to be appropriated in paragraphs

22 (1) through (7) of subsection (a) reduced by $12,559,000.

23 (2) The amount authorized to be appropriated pursu24 ant to subsection (a)(1)(C) is reduced by $20,000,000 to
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1 reflect an offset provided by user organizations for secu2 rity investigations.

3 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

4 (a) DEFENSE NUCLEAR WASTE DISPOSAL.—Funds

5 are hereby authorized to be appropriated to the Depart6 ment of Energy for fiscal year 2000 for payment to the

7 Nuclear Waste Fund established in section 302(c) of the

8 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c))

9 in the amount of $112,000,000.

10 (b) ADJUSTMENT.—The amount authorized to be ap11 propriated pursuant to subsection (a) is reduced by

12 $39,000,000.

13 SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI14 VATIZATION.

15 (a) IN GENERAL.—Funds are hereby authorized to

16 be appropriated to the Department of Energy for fiscal

17 year 2000 for privatization initiatives in carrying out envi18 ronmental restoration and waste management activities

19 necessary for national security programs in the amount

20 of $241,000,000, to be allocated as follows:

21 Project 98–PVT–2, spent nuclear fuel dry stor22 age, Idaho Falls, Idaho, $5,000,000.

23 Project 98–PVT–5, waste disposal, Oak Ridge,

24 Tennessee, $20,000,000.
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1 Project 97–PVT–1, tank waste remediation sys2 tem phase I, Hanford, Washington, $106,000,000.

3 Project 97–PVT–2, advanced mixed waste

4 treatment facility, Idaho Falls, Idaho, $110,000,000.

5 (b) ADJUSTMENT.—The amount authorized to be ap6 propriated in subsection (a) is the sum of the amounts

7 authorized to be appropriated for the projects set forth

8 in that subsection, reduced by $25,000,000 for use of

9 prior year balances of funds for defense environmental

10 management privatization.

11 Subtitle B—Recurring General

12 Provisions

13 SEC. 3121. REPROGRAMMING.

14 (a) IN GENERAL.—Until the Secretary of Energy

15 submits to the congressional defense committees the re16 port referred to in subsection (b) and a period of 30 days

17 has elapsed after the date on which such committees re18 ceive the report, the Secretary may not use amounts ap19 propriated pursuant to this title for any program—

20 (1) in amounts that exceed, in a fiscal year—

21 (A) 110 percent of the amount authorized

22 for that program by this title; or

23 (B) $1,000,000 more than the amount au24 thorized for that program by this title; or
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1 (2) which has not been presented to, or re2 quested of, Congress.

3 (b) REPORT.—(1) The report referred to in sub4 section (a) is a report containing a full and complete state5 ment of the action proposed to be taken and the facts and

6 circumstances relied upon in support of such proposed ac7 tion.

8 (2) In the computation of the 30-day period under

9 subsection (a), there shall be excluded any day on which

10 either House of Congress is not in session because of an

11 adjournment of more than 3 days to a day certain.

12 (c) LIMITATIONS.—(1) In no event may the total

13 amount of funds obligated pursuant to this title exceed

14 the total amount authorized to be appropriated by this

15 title.

16 (2) Funds appropriated pursuant to this title may not

17 be used for an item for which Congress has specifically

18 denied funds.

19 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

20 (a) IN GENERAL.—The Secretary of Energy may

21 carry out any construction project under the general plant

22 projects authorized by this title if the total estimated cost

23 of the construction project does not exceed $5,000,000.

24 (b) REPORT TO CONGRESS.—If, at any time during

25 the construction of any general plant project authorized
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1 by this title, the estimated cost of the project is revised

2 because of unforeseen cost variations and the revised cost

3 of the project exceeds $5,000,000, the Secretary shall im4 mediately furnish a complete report to the congressional

5 defense committees explaining the reasons for the cost

6 variation.

7 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

8 (a) IN GENERAL.—(1) Except as provided in para9 graph (2), construction on a construction project may not

10 be started or additional obligations incurred in connection

11 with the project above the total estimated cost, whenever

12 the current estimated cost of the construction project,

13 which is authorized by section 3101, 3102, or 3103, or

14 which is in support of national security programs of the

15 Department of Energy and was authorized by any pre16 vious Act, exceeds by more than 25 percent the higher

17 of—

18 (A) the amount authorized for the project; or

19 (B) the amount of the total estimated cost for

20 the project as shown in the most recent budget jus21 tification data submitted to Congress.

22 (2) An action described in paragraph (1) may be

23 taken if—

24 (A) the Secretary of Energy has submitted to

25 the congressional defense committees a report on the
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1 actions and the circumstances making such action

2 necessary; and

3 (B) a period of 30 days has elapsed after the

4 date on which the report is received by the commit5 tees.

6 (3) In the computation of the 30-day period under

7 paragraph (2), there shall be excluded any day on which

8 either House of Congress is not in session because of an

9 adjournment of more than 3 days to a day certain.

10 (b) EXCEPTION.—Subsection (a) shall not apply to

11 any construction project which has a current estimated

12 cost of less than $5,000,000.

13 SEC. 3124. FUND TRANSFER AUTHORITY.

14 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

15 The Secretary of Energy may transfer funds authorized

16 to be appropriated to the Department of Energy pursuant

17 to this title to other Federal agencies for the performance

18 of work for which the funds were authorized. Funds so

19 transferred may be merged with and be available for the

20 same purposes and for the same period as the authoriza21 tions of the Federal agency to which the amounts are

22 transferred.

23 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

24 (1) Subject to paragraph (2), the Secretary of Energy may

25 transfer funds authorized to be appropriated to the De-
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1 partment of Energy pursuant to this title between any

2 such authorizations. Amounts of authorizations so trans3 ferred may be merged with and be available for the same

4 purposes and for the same period as the authorization to

5 which the amounts are transferred.

6 (2) Not more than 5 percent of any such authoriza7 tion may be transferred between authorizations under

8 paragraph (1). No such authorization may be increased

9 or decreased by more than 5 percent by a transfer under

10 such paragraph.

11 (c) LIMITATION.—The authority provided by this sec12 tion to transfer authorizations—

13 (1) may only be used to provide funds for items

14 relating to activities necessary for national security

15 programs that have a higher priority than the items

16 from which the funds are transferred; and

17 (2) may not be used to provide funds for an

18 item for which Congress has specifically denied

19 funds.

20 (d) NOTICE TO CONGRESS.—The Secretary of En21 ergy shall promptly notify the Committee on Armed Serv22 ices of the Senate and the Committee on Armed Services

23 of the House of Representatives of any transfer of funds

24 to or from authorizations under this title.
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1 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC2 TION DESIGN.

3 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

4 Subject to paragraph (2) and except as provided in para5 graph (3), before submitting to Congress a request for

6 funds for a construction project that is in support of a

7 national security program of the Department of Energy,

8 the Secretary of Energy shall complete a conceptual de9 sign for that project.

10 (2) If the estimated cost of completing a conceptual

11 design for a construction project exceeds $3,000,000, the

12 Secretary shall submit to Congress a request for funds for

13 the conceptual design before submitting a request for

14 funds for the construction project.

15 (3) The requirement in paragraph (1) does not apply

16 to a request for funds—

17 (A) for a construction project the total esti18 mated cost of which is less than $5,000,000; or

19 (B) for emergency planning, design, and con20 struction activities under section 3126.

21 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

22 Within the amounts authorized by this title, the Secretary

23 of Energy may carry out construction design (including

24 architectural and engineering services) in connection with

25 any proposed construction project if the total estimated

26 cost for such design does not exceed $600,000.
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1 (2) If the total estimated cost for construction design

2 in connection with any construction project exceeds

3 $600,000, funds for such design must be specifically au4 thorized by law.

5 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE6 SIGN, AND CONSTRUCTION ACTIVITIES.

7 (a) AUTHORITY.—The Secretary of Energy may use

8 any funds available to the Department of Energy pursuant

9 to an authorization in this title, including those funds au10 thorized to be appropriated for advance planning and con11 struction design under sections 3101, 3102, and 3103, to

12 perform planning, design, and construction activities for

13 any Department of Energy national security program con14 struction project that, as determined by the Secretary,

15 must proceed expeditiously in order to protect public

16 health and safety, to meet the needs of national defense,

17 or to protect property.

18 (b) LIMITATION.—The Secretary may not exercise

19 the authority under subsection (a) in the case of any con20 struction project until the Secretary has submitted to the

21 congressional defense committees a report on the activities

22 that the Secretary intends to carry out under this section

23 and the circumstances making such activities necessary.

24 (c) SPECIFIC AUTHORITY.—The requirement of sec25 tion 3125(b)(2) does not apply to emergency planning, de-
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1 sign, and construction activities conducted under this sec2 tion.

3 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU4 RITY PROGRAMS OF THE DEPARTMENT OF

5 ENERGY.

6 Subject to the provisions of appropriations Acts and

7 section 3121, amounts appropriated pursuant to this title

8 for management and support activities and for general

9 plant projects are available for use, when necessary, in

10 connection with all national security programs of the De11 partment of Energy.

12 SEC. 3128. AVAILABILITY OF FUNDS.

13 (a) IN GENERAL.—Except as provided in subsection

14 (b), when so specified in an appropriations Act, amounts

15 appropriated for operation and maintenance or for plant

16 projects may remain available until expended.

17 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

18 Amounts appropriated for program direction pursuant to

19 an authorization of appropriations in subtitle A shall re20 main available to be expended only until the end of fiscal

21 year 2002.

22 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL

23 MANAGEMENT FUNDS.

24 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON25 MENTAL MANAGEMENT FUNDS.—The Secretary of En-
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1 ergy shall provide the manager of each field office of the

2 Department of Energy with the authority to transfer de3 fense environmental management funds from a program

4 or project under the jurisdiction of the office to another

5 such program or project.

6 (b) LIMITATIONS.—(1) Only one transfer may be

7 made to or from any program or project under subsection

8 (a) in a fiscal year.

9 (2) The amount transferred to or from a program

10 or project under subsection (a) may not exceed $5,000,000

11 in a fiscal year.

12 (3) A transfer may not be carried out by a manager

13 of a field office under subsection (a) unless the manager

14 determines that the transfer is necessary to address a risk

15 to health, safety, or the environment or to assure the most

16 efficient use of defense environmental management funds

17 at the field office.

18 (4) Funds transferred pursuant to subsection (a)

19 may not be used for an item for which Congress has spe20 cifically denied funds or for a new program or project that

21 has not been authorized by Congress.

22 (c) EXEMPTION FROM REPROGRAMMING REQUIRE23 MENTS.—The requirements of section 3121 shall not

24 apply to transfers of funds pursuant to subsection (a).
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1 (d) NOTIFICATION.—The Secretary, acting through

2 the Assistant Secretary of Energy for Environmental

3 Management, shall notify Congress of any transfer of

4 funds pursuant to subsection (a) not later than 30 days

5 after such transfer occurs.

6 (e) DEFINITIONS.—In this section:

7 (1) The term ‘‘program or project’’ means, with

8 respect to a field office of the Department of En9 ergy, any of the following:

10 (A) A program referred to or a project list11 ed in paragraph (2) or (3) of section 3102.

12 (B) A program or project not described in

13 subparagraph (A) that is for environmental res14 toration or waste management activities nec15 essary for national security programs of the De16 partment, that is being carried out by the of17 fice, and for which defense environmental man18 agement funds have been authorized and appro19 priated before the date of the enactment of this

20 Act.

21 (2) The term ‘‘defense environmental manage22 ment funds’’ means funds appropriated to the De23 partment of Energy pursuant to an authorization for

24 carrying out environmental restoration and waste
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1 management activities necessary for national secu2 rity programs.

3 (f) DURATION OF AUTHORITY.—The managers of the

4 field offices of the Department may exercise the authority

5 provided under subsection (a) during the period beginning

6 on October 1, 1999, and ending on September 30, 2000.

7 Subtitle C—Program Authoriza8 tions, Restrictions, and Limita9 tions

10 SEC. 3131. PROHIBITION ON USE OF FUNDS FOR CERTAIN

11 ACTIVITIES UNDER FORMERLY UTILIZED

12 SITE REMEDIAL ACTION PROGRAM.

13 Notwithstanding any other provision of law, no funds

14 authorized to be appropriated or otherwise made available

15 by this Act, or by any Act authorizing appropriations for

16 the military activities of the Department of Defense or the

17 defense activities of the Department of Energy for a fiscal

18 year after fiscal year 2000, may be obligated or expended

19 to conduct treatment, storage, or disposal activities at any

20 site designated as a site under the Formerly Utilized Site

21 Remedial Action Program as of the date of the enactment

22 of this Act.
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1 SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT,

2 AND DISPOSITION OF LEGACY NUCLEAR MA3 TERIALS.

4 The Secretary of Energy shall continue operations

5 and maintain a high state of readiness at the F-canyon

6 and H-canyon facilities at the Savannah River Site, Aiken,

7 South Carolina, and shall provide the technical staff nec8 essary to operate and so maintain such facilities.

9 SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN10 SION PROGRAM.

11 (a) PROGRAM REQUIRED.—The Secretary of Energy

12 shall, in consultation with the Secretary of Defense, carry

13 out a program to provide for the extension of the effective

14 life of the weapons in the nuclear weapons stockpile.

15 (b) ADMINISTRATIVE RESPONSIBILITY FOR PRO16 GRAM.—The program under subsection (a) shall be a pro17 gram within the Office of Defense Programs of the De18 partment of Energy.

19 (c) PROGRAM PLAN.—As part of the program under

20 subsection (a), the Secretary shall develop a long-term

21 plan for the extension of the life of the weapons in the

22 nuclear weapons stockpile. The plan shall provide the fol23 lowing:

24 (1) Mechanisms to provide for the remanufac25 ture of each weapon design designated by the Sec-
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1 retary for inclusion in the enduring nuclear weapons

2 stockpile as of the date of the enactment of this Act.

3 (2) Mechanisms to expedite the collection of

4 data necessary for carrying out the program, includ5 ing data relating to the aging of materials and com6 ponents, new manufacturing techniques, and the re7 placement or substitution of materials.

8 (3) Mechanisms to ensure the appropriate as9 signment of roles and missions for each Department

10 nuclear weapons laboratory and production plant, in11 cluding mechanisms for allocation of workload,

12 mechanisms to ensure the carrying out of appro13 priate modernization activities, and mechanisms to

14 ensure the retention of skilled personnel.

15 (4) Mechanisms for allocating funds for activi16 ties under the program, including allocations of

17 funds by weapon type and facility.

18 (d) ANNUAL SUBMITTAL OF PLAN.—(1) The Sec19 retary shall submit to the Committees on Armed Services

20 of the Senate and the House of Representatives the plan

21 developed under subsection (c) not later than January 1,

22 2000. The plan shall contain the maximum level of detail

23 practicable.

24 (2) The Secretary shall submit to the committees re25 ferred to in paragraph (1) each year after 2000, at the
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1 same time as the submission of the budget for the fiscal

2 year beginning in such year under section 1105 of title

3 31, United States Code, an update of the plan submitted

4 under paragraph (1). Each update shall contain the same

5 level of detail as the plan submitted under paragraph (1).

6 (e) SENSE OF CONGRESS REGARDING FUNDING OF

7 PROGRAM.—It is the sense of Congress that the President

8 should include in each budget for a fiscal year submitted

9 to Congress under section 1105 of title 31, United States

10 Code, sufficient funds to carry out in the fiscal year cov11 ered by such budget the activities under the program

12 under subsection (a) that are specified in the most current

13 version of the plan for the program under this section.

14 SEC. 3134. TRITIUM PRODUCTION.

15 (a) PRODUCTION OF NEW TRITIUM.—The Secretary

16 of Energy shall produce new tritium to meet the require17 ments of the Nuclear Weapons Stockpile Memorandum at

18 the Tennessee Valley Authority Watts Bar or Sequoyah

19 nuclear power plants consistent with the Secretary’s De20 cember 22, 1998, decision document designating the Sec21 retary’s preferred tritium production technology.

22 (b) SUPPORT.—To support the method of tritium

23 production set forth in subsection (a), the Secretary shall

24 design and construct a new tritium extraction facility in
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1 the H–Area of the Savannah River Site, Aiken, South

2 Carolina.

3 (c) DESIGN AND ENGINEERING DEVELOPMENT.—

4 The Secretary shall—

5 (1) complete preliminary design and engineer6 ing development of the Accelerator Production of

7 Tritium technology design as a backup source of

8 tritium to the source set forth in subsection (a) and

9 consistent with the Secretary’s December 22, 1998,

10 decision document; and

11 (2) make available those funds necessary to

12 complete engineering development and demonstra13 tion, preliminary design, and detailed design of key

14 elements of the system consistent with the Sec15 retary’s decision document of December 22, 1998.

16 SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCEL17 ERATOR PRODUCTION OF TRITIUM.

18 (a) INDEPENDENT COST ESTIMATE.—(1) The Sec19 retary of Energy shall secure an independent cost estimate

20 of the Accelerator Production of Tritium.

21 (2) The estimate shall be conducted at the highest

22 possible level, but in no event at a level below that cur23 rently defined by the Secretary as Type III, ‘‘Sampling

24 Technique’’.
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1 (b) REPORT.—Not later than April 1, 2000, the Sec2 retary shall submit to the congressional defense commit3 tees a report on the independent cost estimate conducted

4 under subsection (a).

5 SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVI6 TIES.

7 (a) INITIATIVE FOR PROLIFERATION PREVENTION

8 PROGRAM.—(1) Not more than 40 percent of the funds

9 available in any fiscal year after fiscal year 1999 for the

10 Initiative for Proliferation Prevention program (IPP) may

11 be obligated or expended by the Department of Energy

12 national laboratories to carry out or provide oversight of

13 any activities under that program.

14 (2)(A) None of the funds available in any fiscal year

15 after fiscal year 1999 for the Initiative for Proliferation

16 Prevention program may be used to increase or otherwise

17 supplement the pay or benefits of a scientist or engineer

18 if the scientist or engineer—

19 (i) is currently engaged in activities directly re20 lated to the design, development, production, or test21 ing of chemical or biological weapons or a missile

22 system to deliver such weapons; or

23 (ii) was not formerly engaged in activities di24 rectly related to the design, development, production,
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1 or testing of weapons of mass destruction or a mis2 sile system to deliver such weapons.

3 (B) None of the funds available in any fiscal year

4 after fiscal year 1999 for the Initiative for Proliferation

5 Prevention program may be made available to an institute

6 if the institute—

7 (i) is currently involved in activities described in

8 subparagraph (A)(i); or

9 (ii) was not formerly involved in activities de10 scribed in subparagraph (A)(ii).

11 (3)(A) No funds available for the Initiative for Pro12 liferation Prevention program may be provided to an insti13 tute or scientist under the program if the Secretary of En14 ergy determines that the institute or scientist has made

15 a scientific or business contact in any way associated with

16 or related to weapons of mass destruction with a rep17 resentative of a country of proliferation concern.

18 (B) For purposes of this paragraph, the term ‘‘coun19 try of proliferation concern’’ means any country so des20 ignated by the Director of Central Intelligence for pur21 poses of the Initiative for Proliferation Prevention pro22 gram.

23 (4)(A) The Secretary of Energy shall prescribe proce24 dures for the review of projects under the Initiative for
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1 Proliferation Prevention program. The purpose of the re2 view shall be to ensure the following:

3 (i) That the military applications of such

4 projects, and any information relating to such appli5 cations, is not inadvertently transferred or utilized

6 for military purposes.

7 (ii) That activities under the projects are not

8 redirected toward work relating to weapons of mass

9 destruction.

10 (iii) That the national security interests of the

11 United States are otherwise fully considered before

12 the commencement of the projects.

13 (B) Not later than 30 days after the date on which

14 the Secretary prescribes the procedures required by sub15 paragraph (A), the Secretary shall submit to Congress a

16 report on the procedures. The report shall set forth a

17 schedule for the implementation of the procedures.

18 (5)(A) The Secretary shall evaluate the projects car19 ried out under the Initiative for Proliferation Prevention

20 program for commercial purposes to determine whether or

21 not such projects are likely to achieve their intended com22 mercial objectives.

23 (B) If the Secretary determines as a result of the

24 evaluation that a project is not likely to achieve its in-
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1 tended commercial objective, the Secretary shall terminate

2 the project.

3 (6) It is the sense of Congress that the President

4 should enter into negotiations with the Russian Govern5 ment for purposes of concluding an agreement between the

6 United States Government and the Russian Government

7 to provide for the permanent exemption from taxation by

8 the Russian Government of the nonproliferation activities

9 of the Department of Energy under the Initiative for Pro10 liferation Prevention program.

11 (b) NUCLEAR CITIES INITIATIVE.—(1) No amounts

12 authorized to be appropriated by this title for the Nuclear

13 Cities Initiative may be obligated or expended for purposes

14 of the initiative until the Secretary of Energy certifies to

15 Congress that Russia has agreed to close some of its facili16 ties engaged in work on weapons of mass destruction.

17 (2) Notwithstanding a certification under paragraph

18 (1), amounts authorized to be appropriated by this title

19 for the Nuclear Cities Initiative may not be obligated or

20 expended for purposes of providing assistance under the

21 initiative to more than three nuclear cities, and more than

22 two serial production facilities, in Russia in fiscal year

23 2000.

24 (3)(A) The Secretary shall conduct a study of the po25 tential economic effects of each commercial program pro-
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1 posed under the Nuclear Cities Initiative before providing

2 assistance for the conduct of the program. The study shall

3 include an assessment regarding whether or not the mech4 anisms for job creation under the program are likely to

5 lead to the creation of the jobs intended to be created by

6 the program.

7 (B) If the Secretary determines as a result of the

8 study that the intended commercial benefits of a program

9 are not likely to be achieved, the Secretary may not pro10 vide assistance for the conduct of the program.

11 (4) Not later than January 1, 2000, the Secretary

12 shall submit to Congress a report describing the participa13 tion in or contribution to the Nuclear Cities Initiative of

14 each department and agency of the United States Govern15 ment that participates in or contributes to the initiative.

16 The report shall describe separately any interagency par17 ticipation in or contribution to the initiative.

18 (c) REPORT.—(1) Not later than January 1, 2000,

19 the Secretary of Energy shall submit to the Committees

20 on Armed Services of the Senate and House of Represent21 atives a report on the Initiative for Proliferation Preven22 tion program (IPP) and the Nuclear Cities Initiative.

23 (2) The report shall include the following:

24 (A) A strategic plan for the Initiative for Pro25 liferation Prevention program and for the Nuclear
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1 Cities Initiative, which shall establish objectives for

2 the program or initiative, as the case may be, and

3 means for measuring the achievement of such objec4 tives.

5 (B) A list of the most successful projects under

6 the Initiative for Proliferation Prevention program,

7 including for each such project the name of the in8 stitute and scientists who are participating or have

9 participated in the project, the number of jobs cre10 ated through the project, and the manner in which

11 the project has met the nonproliferation objectives of

12 the United States.

13 (C) A list of the institutes and scientists associ14 ated with weapons of mass destruction programs or

15 other defense-related programs in the states of the

16 former Soviet Union that the Department seeks to

17 engage in commercial work under the Initiative for

18 Proliferation Prevention program or the Nuclear

19 Cities Initiative, including—

20 (i) a description of the work performed by

21 such institutes and scientists under such weap22 ons of mass destruction programs or other de23 fense-related programs; and

24 (ii) a description of any work proposed to

25 be performed by such institutes and scientists
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1 under the Initiative for Proliferation Prevention

2 program or the Nuclear Cities Initiative.

3 (d) NUCLEAR CITIES INITIATIVE DEFINED.—For

4 purposes of this section, the term ‘‘Nuclear Cities Initia5 tive’’ means the initiative arising pursuant to the March

6 1998 discussions between the Vice President of the United

7 States and the Prime Minister of the Russian Federation

8 and between the Secretary of Energy of the United States

9 and the Minister of Atomic Energy of the Russian Federa10 tion.

11 Subtitle D—Safeguards, Security,

12 and Counterintelligence at De13 partment of Energy Facilities

14 SEC. 3151. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Department of En16 ergy Facilities Safeguards, Security, and Counterintel17 ligence Enhancement Act of 1999’’.

18 SEC. 3152. COMMISSION ON SAFEGUARDS, SECURITY, AND

19 COUNTERINTELLIGENCE AT DEPARTMENT

20 OF ENERGY FACILITIES.

21 (a) ESTABLISHMENT.—There is hereby established a

22 commission to be known as the ‘‘Commission on Safe23 guards, Security, and Counterintelligence at Department

24 of Energy Facilities’’ (in this section referred to as the

25 ‘‘Commission’’).
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1 (b) ORGANIZATIONAL MATTERS.—(1) The Commis2 sion shall be composed of nine members appointed from

3 among individuals in the public and private sectors who

4 have significant experience in matters related to the secu5 rity of nuclear weapons and materials, the classification

6 of information, or counterintelligence matters, as follows:

7 (A) Two shall be appointed by the Chairman of

8 the Committee on Armed Services of the Senate, in

9 consultation with the ranking member of that Com10 mittee.

11 (B) One shall be appointed by the ranking

12 member of the Committee on Armed Services of the

13 Senate, in consultation with the Chairman of that

14 Committee.

15 (C) Two shall be appointed by the Chairman of

16 the Committee on Armed Services of the House of

17 Representatives, in consultation with the ranking

18 member of that Committee.

19 (D) One shall be appointed by the ranking

20 member of the Committee on Armed Services of the

21 House of Representatives, in consultation with the

22 Chairman of that Committee.

23 (E) One shall be appointed by the Secretary of

24 Defense.
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1 (F) One shall be appointed by the Director of

2 the Federal Bureau of Investigation.

3 (G) One shall be appointed by the Director of

4 Central Intelligence.

5 (2) Members of the Commission shall be appointed

6 for four year terms, except as follows:

7 (A) One member initially appointed under para8 graph (1)(A) shall serve a term of two years.

9 (B) One member initially appointed under para10 graph (1)(C) shall serve a term of two years.

11 (C) The member initially appointed under para12 graph (1)(E) shall serve a term of two years.

13 (3) Any vacancy in the Commission shall be filled in

14 the same manner as the original appointment and shall

15 not affect the powers of the Commission.

16 (4) The Chairman of the Committee on Armed Serv17 ices of the Senate, in consultation with the Chairman of

18 the Committee on Armed Services of the House of Rep19 resentatives, shall designate the chairman of the Commis20 sion from among the members appointed under paragraph

21 (1)(A).

22 (5) The members of the Commission shall be ap23 pointed not later than 60 days after the date of the enact24 ment of this Act.
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1 (6) The members of the Commission shall establish

2 procedures for the activities of the Commission, including

3 procedures for calling meetings, requirements for

4 quorums, and the manner of taking votes.

5 (7) The Commission shall meet not less often than

6 once every three months.

7 (c) DUTIES.—(1) The Commission shall, in accord8 ance with this section, review the safeguards, security, and

9 counterintelligence activities (including activities relating

10 to information management, computer security, and per11 sonnel security) at Department of Energy facilities to—

12 (A) determine the adequacy of those activities

13 to ensure the security of sensitive information, proc14 esses, and activities under the jurisdiction of the De15 partment against threats to the disclosure of such

16 information, processes, and activities; and

17 (B) make recommendations for actions the

18 Commission determines as being necessary to ensure

19 that such security is achieved and maintained.

20 (2) The activities of the Commission under paragraph

21 (1) shall include the following:

22 (A) An analysis of the sufficiency of the Design

23 Threat Basis documents as a basis for the allocation

24 of resources for safeguards, security, and counter25 intelligence activities at the Department facilities in
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1 light of applicable guidance with respect to such ac2 tivities, including applicable laws, Department of

3 Energy orders, Presidential Decision Directives, and

4 Executive Orders.

5 (B) Visits to Department facilities to assess the

6 adequacy of the safeguards, security, and counter7 intelligence activities at such facilities.

8 (C) Evaluations of specific concerns set forth in

9 Department reports regarding the status of safe10 guards, security, or counterintelligence activities at

11 particular Department facilities or at facilities

12 throughout the Department.

13 (D) Reviews of relevant laws, Department or14 ders, and other requirements relating to safeguards,

15 security, and counterintelligence activities at Depart16 ment facilities.

17 (E) Any other activities relating to safeguards,

18 security, and counterintelligence activities at Depart19 ment facilities that the Secretary of Energy con20 siders appropriate.

21 (d) REPORT.—(1) Not later than February 15 each

22 year, the Commission shall submit to the Secretary of En23 ergy and to the congressional defense committees a report

24 on the activities of the Commission during the preceding
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1 year. The report shall be submitted in unclassified form,

2 but may include a classified annex.

3 (2) Each report—

4 (A) shall describe the activities of the Commis5 sion during the year covered by the report;

6 (B) shall set forth proposals for any changes in

7 safeguards, security, or counterintelligence activities

8 at Department of Energy facilities that the Commis9 sion considers appropriate in light of such activities;

10 and

11 (C) may include any other recommendations for

12 legislation or administrative action that the Commis13 sion considers appropriate.

14 (e) PERSONNEL MATTERS.—(1)(A) Each member of

15 the Commission who is not an officer or employee of the

16 Federal Government shall be compensated at a rate equal

17 to the daily equivalent of the annual rate of basic pay pre18 scribed for level V of the Executive Schedule under section

19 5316 of title 5, United States Code, for each day (includ20 ing travel time) during which such member is engaged in

21 the performance of the duties of the Commission.

22 (B) All members of the Commission who are officers

23 or employees of the United States shall serve without com24 pensation in addition to that received for their services as

25 officers or employees of the United States.
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1 (2) The members of the Commission shall be allowed

2 travel expenses, including per diem in lieu of subsistence,

3 at rates authorized for employees of agencies under sub4 chapter I of chapter 57 of title 5, United States Code,

5 while away from their homes or regular places of business

6 in the performance of services for the Commission.

7 (3)(A) The Commission may, without regard to the

8 civil service laws and regulations, appoint and terminate

9 such personnel as may be necessary to enable the Commis10 sion to perform its duties.

11 (B) The Commission may fix the compensation of the

12 personnel of the Commission without regard to the provi13 sions of chapter 51 and subchapter III of chapter 53 of

14 title 5, United States Code, relating to classification of

15 positions and General Schedule pay rates.

16 (4) Any officer or employee of the United States may

17 be detailed to the Commission without reimbursement,

18 and such detail shall be without interruption or loss of

19 civil service status or privilege.

20 (5) The members and employees of the Commission

21 shall hold security clearances appropriate for the matters

22 considered by the Commission in the discharge of its du23 ties under this section.
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1 (f) APPLICABILITY OF FACA.—The provisions of the

2 Federal Advisory Committee Act (5 U.S.C. App.) shall not

3 apply to the activities of the Commission.

4 (g) FUNDING.—(1) From amounts authorized to be

5 appropriated by sections 3101 and 3103, the Secretary of

6 Energy shall make available to the Commission not more

7 than $1,000,000 for the activities of the Commission

8 under this section.

9 (2) Amounts made available to the Commission under

10 this subsection shall remain available until expended.

11 (h) TERMINATION OF DEPARTMENT OF ENERGY SE12 CURITY MANAGEMENT BOARD.—(1) Section 3161 of the

13 National Defense Authorization Act for Fiscal Year 1998

14 (Public Law 105–85; 111 Stat. 2048; 42 U.S.C. 7251

15 note) is repealed.

16 (2) The Secretary of Energy shall take appropriate

17 actions to conclude the affairs of the Department of En18 ergy Security Management Board as soon as practicable

19 after the date of the enactment of this Act.

20 (3) Section 3162 of the National Defense Authoriza21 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

22 Stat. 2049; 42 U.S.C. 7274 note) is amended—

23 (A) by striking ‘‘(a) IN GENERAL.—’’; and

24 (B) by striking subsection (b).
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1 SEC. 3153. BACKGROUND INVESTIGATIONS OF CERTAIN

2 PERSONNEL AT DEPARTMENT OF ENERGY

3 FACILITIES.

4 (a) IN GENERAL.—The Secretary of Energy shall en5 sure that an investigation meeting the requirements of

6 section 145 of the Atomic Energy Act of 1954 (42 U.S.C.

7 2165) is made for each Department of Energy employee,

8 or contractor employee, at a Department of Energy facil9 ity who—

10 (1) carries out duties or responsibilities in or

11 around a location where Restricted Data is or may

12 be present; or

13 (2) has or may have regular access to a location

14 where Restricted Data is present.

15 (b) COMPLIANCE.—The Secretary shall have one year

16 from the date of the enactment of this Act to meet the

17 requirement in subsection (a).

18 SEC. 3154. PLAN FOR POLYGRAPH EXAMINATIONS OF CER19 TAIN PERSONNEL AT DEPARTMENT OF EN20 ERGY FACILITIES.

21 (a) PLAN.—(1) Not later than 120 days after the

22 date of the enactment of this Act, the Secretary of Energy

23 shall submit to the congressional defense committees a

24 plan for conducting, as part of the Department of Energy

25 personnel assurance programs, periodic polygraph exami26 nations of each Department of Energy employee, or con-
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1 tractor employee, at a Department of Energy facility who

2 has or may have access to Restricted Data or Sensitive

3 Compartmented Information. The purpose of the examina4 tions is to minimize the potential for release or disclosure

5 of such data or information by such employees.

6 (2) The plan shall include recommendations for any

7 legislative action necessary to implement the plan.

8 (b) LIMITATION ON USE OF FUNDS PENDING SUB9 MITTAL OF PLAN.—Not more than 50 percent of the

10 amounts authorized to be appropriated or otherwise made

11 available for the Department of Energy for fiscal year

12 2000 for travel expenses may be obligated or expended

13 until the date of the submittal of the plan required by sub14 section (a).

15 SEC. 3155. CIVIL MONETARY PENALTIES FOR VIOLATIONS

16 OF DEPARTMENT OF ENERGY REGULATIONS

17 RELATING TO THE SAFEGUARDING AND SE18 CURITY OF RESTRICTED DATA.

19 (a) IN GENERAL.—Chapter 18 of title I of the Atomic

20 Energy Act of 1954 (42 U.S.C. 2271 et seq.) is amended

21 by inserting after section 234A the following new section:

22 ‘‘SEC. 234B. CIVIL MONETARY PENALTIES FOR VIO23 LATIONS OF DEPARTMENT OF ENERGY REGULATIONS

24 REGARDING SECURITY OF CLASSIFIED OR SENSITIVE IN25 FORMATION OR DATA.—
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1 ‘‘a. Any person who has entered into a contract or

2 agreement with the Department of Energy, or a sub3 contract or subagreement thereto, and who violates (or

4 whose employee violates) any applicable rule, regulation,

5 or order prescribed or otherwise issued by the Secretary

6 pursuant to this Act relating to the safeguarding or secu7 rity of Restricted Data or other classified or sensitive in8 formation shall be subject to a civil penalty of not to ex9 ceed $100,000 for each such violation.

10 ‘‘b. The Secretary shall include in each contract with

11 a contractor of the Department provisions which provide

12 an appropriate reduction in the fees or amounts paid to

13 the contractor under the contract in the event of a viola14 tion by the contractor or contractor employee of any rule,

15 regulation, or order relating to the safeguarding or secu16 rity of Restricted Data or other classified or sensitive in17 formation. The provisions shall specify various degrees of

18 violations and the amount of the reduction attributable to

19 each degree of violation.

20 ‘‘c. The powers and limitations applicable to the as21 sessment of civil penalties under section 234A shall apply

22 to the assessment of civil penalties under this section.’’.

23 (b) CLARIFYING AMENDMENT.—The section heading

24 of section 234A of that Act (42 U.S.C. 2282a) is amended

25 by inserting ‘‘SAFETY’’ before ‘‘REGULATIONS’’.
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1 (c) CLERICAL AMENDMENT.—The table of sections

2 for that Act is amended by inserting after the item relat3 ing to section 234 the following new items:

‘‘234A. Civil Monetary Penalties for Violations of Department of Energy Safety

Regulations.

‘‘234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or Data.’’.

4 SEC. 3156. MORATORIUM ON LABORATORY-TO-LABORA5 TORY AND FOREIGN VISITORS AND ASSIGN6 MENTS PROGRAMS.

7 (a) CERTIFICATION.—(1) The Secretary of Energy,

8 the Director of Central Intelligence, and the Director of

9 the Federal Bureau of Investigation shall jointly submit

10 to the committees referred to in paragraph (3) a certifi11 cation that each program referred to in paragraph (2)

12 meets the following conditions:

13 (A) That the program complies with applicable

14 orders, regulations, and policies of the Department

15 of Energy relating to the safeguarding and security

16 of sensitive information and fulfills any counterintel17 ligence requirements arising under such orders, reg18 ulations, and policies.

19 (B) That the program complies with Presi20 dential Decision Directives and similar requirements

21 relating to the safeguarding and security of sensitive

22 information and fulfills any counterintelligence re-
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1 quirements arising under such Directives or require2 ments.

3 (C) That the program includes adequate protec4 tions against the inadvertent release of Restricted

5 Data, information important to the national security

6 of the United States, and any other sensitive infor7 mation the disclosure of which might harm the inter8 ests of the United States.

9 (D) That the program does not pose an undue

10 risk to the national security interests of the United

11 States.

12 (2) A program referred to in this paragraph is any

13 program as follows:

14 (A) A cooperative program carried out between

15 the Department of Energy and the People’s Repub16 lic of China.

17 (B) A cooperative program carried out between

18 the Department of Energy and an independent state

19 of the former Soviet Union.

20 (C) A cooperative program carried out between

21 the Department of Energy and any nation des22 ignated as sensitive by the Secretary of State.

23 (3) The committees referred to in this paragraph are

24 the following:
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1 (A) The Committees on Armed Services and

2 Appropriations and the Select Committee on Intel3 ligence of the Senate.

4 (B) The Committees on Armed Services and

5 Appropriations and the Permanent Select Committee

6 on Intelligence of the House of Representatives.

7 (b) LIMITATION ON USE OF FUNDS PENDING CER8 TIFICATION.—(1) Except as provided in paragraph (2), no

9 amounts authorized to be appropriated by section 3101

10 or 3103 or otherwise made available to the Department

11 of Energy for fiscal year 2000 may be obligated or ex12 pended to conduct a program referred to in subsection

13 (a)(2), or any studies or planning in anticipation of such

14 program, beginning on the date that is 45 days after the

15 date of the enactment of this Act and continuing until 30

16 days after the date on which the Director of Central Intel17 ligence submits to the committees referred to in subsection

18 (a)(3) the certification referred to in subsection (a)(1).

19 The certification shall be submitted in unclassified form,

20 but may include a classified annex.

21 (2)(A) The 30-day wait period specified in paragraph

22 (1) for the obligation and expenditure of funds for a pro23 gram referred to in subsection (a)(2) shall not apply if

24 the certification with respect to the program under sub-
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1 section (a)(1) is submitted during the 45-day period begin2 ning on the date of the enactment of this Act.

3 (B) The limitation in paragraph (1) shall not apply—

4 (i) to the obligation or expenditure of funds au5 thorized to be appropriated by title III for activities

6 relating to cooperative threat reduction with states

7 of the former Soviet Union; or

8 (ii) to the obligation or expenditure of funds au9 thorized to be appropriated by section

10 3103(a)(1)(A)(ii) for the materials protection control

11 and accounting program of the Department.

12 SEC. 3157. INCREASED PENALTIES FOR MISUSE OF RE13 STRICTED DATA.

14 (a) COMMUNICATION OF RESTRICTED DATA.—Sec15 tion 224 of the Atomic Energy Act of 1954 (42 U.S.C.

16 2274) is amended—

17 (1) in clause a., by striking ‘‘$20,000’’ and in18 serting ‘‘$40,000’’; and

19 (2) in clause b., by striking ‘‘$10,000’’ and in20 serting ‘‘$20,000’’.

21 (b) RECEIPT OF RESTRICTED DATA.—Section 225 of

22 the Atomic Energy Act of 1954 (42 U.S.C. 2275) is

23 amended by striking ‘‘$20,000’’ and inserting ‘‘$40,000’’.
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1 (c) DISCLOSURE OF RESTRICTED DATA.—Section

2 227 of the Atomic Energy Act of 1954 (42 U.S.C. 2277)

3 is amended by striking ‘‘$2,500’’ and inserting ‘‘$5,000’’.

4 SEC. 3158. ORGANIZATION OF DEPARTMENT OF ENERGY

5 COUNTERINTELLIGENCE AND INTELLIGENCE

6 PROGRAMS AND ACTIVITIES.

7 (a) OFFICE OF COUNTERINTELLIGENCE.—Title II of

8 the Department of Energy Organization Act (42 U.S.C.

9 7131 et seq.) is amended by adding at the end the fol10 lowing:

11 ‘‘OFFICE OF COUNTERINTELLIGENCE

12 ‘‘SEC. 213. (a) There is within the Department an

13 Office of Counterintelligence.

14 ‘‘(b)(1) The head of the Office shall be the Director

15 of the Office of Counterintelligence.

16 ‘‘(2) The Secretary shall, with the concurrence of the

17 Director of the Federal Bureau of Investigation, designate

18 the head of the office from among senior executive service

19 employees of the Federal Bureau of Investigation who

20 have expertise in matters relating to counterintelligence.

21 ‘‘(3) The Director of the Federal Bureau of Inves22 tigation may detail, on a reimbursable basis, any employee

23 of the Bureau to the Department for service as Director

24 of the Office. The service of an employee of the Bureau

25 as Director of the Office shall not result in any loss of
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1 status, right, or privilege by the employee within the Bu2 reau.

3 ‘‘(4) The Director of the Office shall report directly

4 to the Secretary.

5 ‘‘(c)(1) The Director of the Office shall develop and

6 ensure the implementation of security and counterintel7 ligence programs and activities at Department facilities in

8 order to reduce the threat of disclosure or loss of classified

9 and other sensitive information at such facilities.

10 ‘‘(2) The Director of the Office shall be responsible

11 for the administration of the personnel assurance pro12 grams of the Department.

13 ‘‘(3) The Director shall inform the Secretary, the Di14 rector of Central Intelligence, and the Director of the Fed15 eral Bureau of Investigation on a regular basis, and upon

16 specific request by any such official, regarding the status

17 and effectiveness of the security and counterintelligence

18 programs and activities at Department facilities.

19 ‘‘(d)(1) Not later than March 1 each year, the Direc20 tor of the Office shall submit to the Secretary, the Direc21 tor of Central Intelligence, and the Director of the Federal

22 Bureau of Investigation and to the Committees on Armed

23 Services of the Senate and House of Representatives a re24 port on the status and effectiveness of the security and
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1 counterintelligence programs and activities at Department

2 facilities during the preceding year.

3 ‘‘(2) Each report shall include for the year covered

4 by the report the following:

5 ‘‘(A) A description of the status and effective6 ness of the security and counterintelligence pro7 grams and activities at Department facilities.

8 ‘‘(B) A description of any violation of law or

9 other requirement relating to intelligence, counter10 intelligence, or security at such facilities, including—

11 ‘‘(i) the number of violations that were in12 vestigated; and

13 ‘‘(ii) the number of violations that remain

14 unresolved.

15 ‘‘(C) A description of the number of foreign

16 visitors to Department facilities, including the loca17 tions of the visits of such visitors.

18 ‘‘(3) Each report submitted under this subsection to

19 the committees referred to in paragraph (1) shall be sub20 mitted in unclassified form, but may include a classified

21 annex.’’.

22 (b) OFFICE OF INTELLIGENCE.—That title is further

23 amended by adding at the end the following:

24 ‘‘OFFICE OF INTELLIGENCE

25 ‘‘SEC. 214. (a) There is within the Department an

26 Office of Intelligence.
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1 ‘‘(b)(1) The head of the Office shall be the Director

2 of the Office of Intelligence.

3 ‘‘(2) The Director of the Office shall be a senior exec4 utive service employee of the Department.

5 ‘‘(3) The Director of the Office shall report directly

6 to the Secretary.

7 ‘‘(c) The Director of the Office shall be responsible

8 for the programs and activities of the Department relating

9 to the analysis of intelligence with respect to nuclear weap10 ons and materials, other nuclear matters, and energy secu11 rity.’’.

12 (c) CLERICAL AMENDMENT.—The table of contents

13 for that Act is amended by inserting after the item relat14 ing to section 212 the following items:

‘‘213. Office of Counterintelligence.

‘‘214. Office of Intelligence.’’.

15 SEC. 3159. COUNTERINTELLIGENCE ACTIVITIES AT CER16 TAIN DEPARTMENT OF ENERGY FACILITIES.

17 (a) ASSIGNMENT OF COUNTERINTELLIGENCE PER18 SONNEL.—(1) The Secretary of Energy shall assign to

19 each Department of Energy facility at which Restricted

20 Data is located an individual who shall assess security and

21 counterintelligence matters at that facility.

22 (2) An individual assigned to a facility under this

23 subsection shall be stationed at the facility.
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1 (b) SUPERVISION.—Each individual assigned under

2 subsection (a) shall report directly to the Director of the

3 Office of Counterintelligence of the Department of En4 ergy.

5 SEC. 3160. WHISTLEBLOWER PROTECTION.

6 (a) PROGRAM.—The Secretary of Energy shall estab7 lish a program to ensure that an employee of the Depart8 ment of Energy, or a contractor employee, may not be dis9 charged, demoted, or otherwise discriminated against as

10 a reprisal for disclosing to a person or entity referred to

11 in subsection (b) information relating to the protection of

12 classified information which the employee or contractor

13 employee reasonably believes to provide direct and specific

14 evidence of a violation described in subsection (c).

15 (b) COVERED PERSONS AND ENTITIES.—A person or

16 entity referred to in this subsection is the following:

17 (1) A Member of a committee of Congress hav18 ing primary responsibility for oversight of the de19 partment, agency, or element of the Federal Govern20 ment to which the disclosed information relates.

21 (2) An employee of Congress who—

22 (A) is a staff member of a committee of

23 Congress having primary responsibility for over24 sight of the department, agency, or element of
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1 the Federal Government to which the disclosed

2 information relates; and

3 (B) has an appropriate security clearance

4 for access to the information.

5 (3) The Inspector General of the Department of

6 Energy.

7 (4) The Federal Bureau of Investigation.

8 (5) Any other element of the Federal Govern9 ment designated by the Secretary as authorized to

10 receive information of the type disclosed.

11 (c) COVERED VIOLATIONS.—A violation referred to

12 in subsection (a) is—

13 (1) a violation of law or Federal regulation;

14 (2) gross mismanagement, a gross waste of

15 funds, or abuse of authority; or

16 (3) a false statement to Congress on an issue

17 of material fact.

18 SEC. 3161. INVESTIGATION AND REMEDIATION OF AL19 LEGED REPRISALS FOR DISCLOSURE OF CER20 TAIN INFORMATION TO CONGRESS.

21 (a) SUBMITTAL OF ALLEGATIONS TO INSPECTOR

22 GENERAL.—A Department of Energy employee or con23 tractor employee who believes that the employee has been

24 discharged, demoted, or otherwise discriminated against

25 as a reprisal for disclosing information referred to in sub-
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1 section (a) of section 3160 in accordance with the provi2 sions of that section may submit a complaint relating to

3 such action to the Inspector General of the Department

4 of Energy.

5 (b) INVESTIGATION.—(1) For each complaint sub6 mitted under subsection (a), the Inspector General shall—

7 (A) determine whether or not the complaint is

8 frivolous; and

9 (B) if the Inspector General determines the

10 complaint is not frivolous, conduct an investigation

11 of the complaint.

12 (2) The Inspector General shall submit a report on

13 each investigation undertaken under paragraph (1)(B)

14 to—

15 (A) the employee who submitted the complaint

16 on which the investigation is based;

17 (B) the contractor concerned, if any; and

18 (C) the Secretary of Energy.

19 (c) REMEDIAL ACTIONS.—(1) If the Secretary deter20 mines that an employee has been subjected to an adverse

21 personnel action referred to in subsection (a) in contraven22 tion of the provisions of section 3160(a), the Secretary

23 shall—

24 (A) in the case of a Department employee, take

25 appropriate actions to abate the action; or
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1 (B) in the case of a contractor employee, order

2 the contractor concerned to take appropriate actions

3 to abate the action.

4 (2)(A) If a contractor fails to comply with an order

5 issued under paragraph (1)(B), the Secretary may file an

6 action for enforcement of the order in the appropriate

7 United States district court.

8 (B) In any action brought under subparagraph (A),

9 the court may grant appropriate relief, including injunc10 tive relief and compensatory and exemplary damages.

11 (d) QUARTERLY REPORT.—(1) Not later than 30

12 days after the commencement of each fiscal quarter, the

13 Inspector General shall submit to the congressional de14 fense committees a report on the investigations under15 taken under subsection (b)(1)(B) during the preceding fis16 cal quarter, including a summary of the results of such

17 investigations.

18 (2) A report under paragraph (1) shall not identify

19 or otherwise provide any information on a person submit20 ting a complaint under this section without the consent

21 of the person.
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1 SEC. 3162. NOTIFICATION TO CONGRESS OF CERTAIN SECU2 RITY AND COUNTERINTELLIGENCE FAIL3 URES AT DEPARTMENT OF ENERGY FACILI4 TIES.

5 (a) REQUIREMENT.—The Secretary of Energy, after

6 consultation with the Director of Central Intelligence and

7 the Director of the Federal Bureau of Investigation, as

8 appropriate, shall submit to the congressional defense

9 committees a notification of each serious security or coun10 terintelligence failure at a Department of Energy facility

11 that the Secretary considers likely to cause significant

12 harm or damage to the national security interests of the

13 United States.

14 (b) DEADLINE.—The Secretary shall submit a notice

15 under subsection (a) for a failure covered by that sub16 section not later than 30 days after learning of the failure.

17 (c) PROCEDURES.—The Secretary and the congres18 sional defense committees shall each establish such proce19 dures as may be necessary to carry out the provisions of

20 this title.

21 (d) PROTECTION OF CLASSIFIED AND OTHER SEN22 SITIVE INFORMATION.—(1) The House of Representatives

23 and the Senate shall each establish, by rule or resolution

24 of such House, procedures to protect from unauthorized

25 disclosure classified information, all information relating

26 to intelligence sources and methods, and sensitive law en-
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1 forcement information that is furnished to the congres2 sional defense committees pursuant to this section.

3 (2) Such procedures shall be established in consulta4 tion with the Secretary of Energy, the Director of Central

5 Intelligence, and the Director of the Federal Bureau of

6 Investigation.

7 (e) SAVINGS PROVISIONS.—(1) Nothing in this sec8 tion shall be construed as authority to withhold informa9 tion from the congressional defense committees on the

10 grounds that providing the information to such commit11 tees would constitute the unauthorized disclosure of classi12 fied information, information relating to intelligence

13 sources or methods, or sensitive law enforcement informa14 tion.

15 (2) Nothing in this section shall be construed to mod16 ify or supersede any other requirement to report informa17 tion on intelligence activities to Congress, including the

18 requirement under section 501 of the National Security

19 Act of 1947 (50 U.S.C. 413) for the President to ensure

20 that the intelligence committees are kept fully and cur21 rently informed of the intelligence activities of the United

22 States and for the intelligence committees to notify

23 promptly other congressional committees of any matter re24 lating to intelligence activities requiring the attention of

25 such committees.
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1 SEC. 3163. DEFINITION.

2 In this subtitle, the term ‘‘Restricted Data’’ has the

3 meaning given that term in section 11 y. of the Atomic

4 Energy Act of 1954 (42 U.S.C. 2014(y)).

5 Subtitle E—Other Matters

6 SEC. 3171. MAINTENANCE OF NUCLEAR WEAPONS EXPER7 TISE IN THE DEPARTMENT OF DEFENSE AND

8 DEPARTMENT OF ENERGY.

9 (a) ADMINISTRATION OF JOINT NUCLEAR WEAPONS

10 COUNCIL.—(1) Subsection (b) of section 179 of title 10,

11 United States Code, is amended by adding at the end the

12 following new paragraph:

13 ‘‘(3) The Council shall meet not less often than once

14 every three months.’’.

15 (2) Subsection (c) of that section is amended by add16 ing at the end the following new paragraph:

17 ‘‘(3) If the position of Assistant to the Secretary of

18 Defense for Nuclear and Chemical and Biological Defense

19 Programs remains vacant for a period of more than 9

20 months, the Secretary of Energy shall appoint a qualified

21 individual to serve as acting staff director of the Council

22 until the position of Assistant to the Secretary of Defense

23 for Nuclear and Chemical and Biological Defense Pro24 grams is filled.’’.

25 (b) REVITALIZATION OF JOINT NUCLEAR WEAPONS

26 COUNCIL.—(1) The Secretary of Defense and the Sec-
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1 retary of Energy shall jointly prepare and submit to the

2 Committees on Armed Services of the Senate and the

3 House of Representatives a plan to revitalize the Joint

4 Nuclear Weapons Council established by section 179 of

5 title 10, United States Code.

6 (2) The plan shall include any proposed modification

7 to the membership or responsibilities of the Council that

8 the Secretaries jointly determine advisable to enhance the

9 capability of the Council to ensure the integration of De10 partment of Defense requirements for nuclear weapons

11 into the programs and budget processes of the Depart12 ment of Energy.

13 (c) ANNUAL REPORT ON COUNCIL ACTIVITIES.—The

14 Secretary of Defense, shall, after consultation with the

15 Secretary of Energy, submit to the Committees on Armed

16 Services of the Senate and the House of Representatives

17 on an annual basis a report on the activities of the Joint

18 Nuclear Weapons Council. Each report shall include the

19 following:

20 (1) A description of the activities of the Council

21 during the 12-month period ending on the date of

22 the report together with any assessments or studies

23 conducted by the Council during that period.

24 (2) A description of the highest priority require25 ments of the Department of Defense with respect to
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1 the Department of Energy stockpile stewardship and

2 management program as of that date.

3 (3) An assessment of the extent to which the

4 requirements referred to in paragraph (2) are being

5 addressed by the Department of Energy as of that

6 date.

7 (d) NUCLEAR MISSION MANAGEMENT PLAN.—The

8 Secretary of Defense shall develop and implement a plan

9 to ensure the continued reliability of the capability of the

10 Department of Defense to carry out its nuclear deterrent

11 mission. The plan shall—

12 (1) articulate the current policy of the United

13 States on the role of nuclear weapons and nuclear

14 deterrence in the conduct of defense and foreign re15 lations matters;

16 (2) establish stockpile viability and capability

17 requirements with respect to that mission, including

18 the number and variety of warheads required;

19 (3) establish requirements relating to the con20 tractor industrial base, support infrastructure, and

21 surveillance, testing, assessment, and certification of

22 nuclear weapons necessary to support that mission;

23 (4) take into account requirements for the crit24 ical skills, readiness, training, exercise, and testing

25 of personnel necessary to meet that mission; and
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1 (5) take into account the relevant programs and

2 plans of the military departments and the defense

3 agencies with respect to readiness, sustainment (in4 cluding research and development), and moderniza5 tion of the strategic deterrent forces.

6 (e) NUCLEAR EXPERTISE RETENTION MEASURES.—

7 (1) The Secretary of Energy and Secretary of Defense

8 shall jointly submit to the committees referred to in sub9 section (c) a plan setting forth the actions that the Secre10 taries consider necessary to retain core scientific, engi11 neering, and technical skills and capabilities within the

12 Department of Energy, the Department of Defense, and

13 their contractors in order to maintain the United States

14 nuclear deterrent force indefinitely.

15 (2) The plan shall include the following elements:

16 (A) A baseline of current skills and capabilities

17 by location.

18 (B) A statement of the skills or capabilities that

19 are at risk of being lost within the next ten years.

20 (C) A proposal for recruitment and retention

21 measures to address the loss of such skills or capa22 bilities.

23 (D) A proposal for the training and evaluation

24 of personnel with core scientific, engineering, and

25 technical skills and capabilities.
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1 (E) A statement of the additional advanced

2 manufacturing programs and process engineering

3 programs that are required to maintain the nuclear

4 deterrent force indefinitely.

5 (F) An assessment of the desirability of estab6 lishing a nuclear weapons workforce reserve to en7 sure the availability of the skills and capabilities of

8 present and former employees of the Department in

9 the event of an urgent future need for such skills

10 and capabilities.

11 (f) REPORTS ON CRITICAL DIFFICULTIES AT NU12 CLEAR WEAPONS LABORATORIES.—Section 3159 of the

13 National Defense Authorization Act for Fiscal Year 1997

14 (Public Law 104–201; 110 Stat. 2842; 42 U.S.C. 7274o)

15 is amended—

16 (1) by redesignating subsection (d) as sub17 section (e); and

18 (2) by inserting after subsection (c) the fol19 lowing new subsection (d):

20 ‘‘(d) INCLUSION OF REPORTS IN ANNUAL STOCKPILE

21 CERTIFICATION.—Any report submitted pursuant to sub22 section (a) shall also be included with the decision docu23 ments that accompany the annual certification of the safe24 ty and reliability of the United States nuclear weapons
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1 stockpile which is provided to the President for the year

2 in which such report is submitted.’’.

3 (g) TECHNICAL AMENDMENT.—Section 179(f) of

4 title 10, United States Code, is amended by striking ‘‘the

5 Committee on Armed Services’’ and all that follows

6 through ‘‘House of Representatives’’ and inserting ‘‘the

7 Committees on Armed Services and Appropriations of the

8 Senate and the Committees on Armed Services and Appro9 priations of the House of Representatives’’.

10 SEC. 3172. MODIFICATION OF BUDGET AND PLANNING RE11 QUIREMENTS FOR DEPARTMENT OF ENERGY

12 NATIONAL SECURITY ACTIVITIES.

13 (a) ENHANCEMENT OF ANNUAL FIVE-YEAR BUDG14 ET.—(1) Section 3155 of the National Defense Authoriza15 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

16 Stat. 2841; 42 U.S.C. 7271b) is amended—

17 (A) by redesignating subsection (b) as sub18 section (c);

19 (B) by striking subsection (a) and inserting the

20 following new subsections:

21 ‘‘(a) REQUIREMENT.—The Secretary of Energy shall

22 prepare for each fiscal year after fiscal year 2000 a pro23 gram and budget plan for the national security programs

24 of the Department of Energy for the five-fiscal year period
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1 beginning in the year the program and budget plan is pre2 pared.

3 ‘‘(b) ELEMENTS.—Each program and budget plan

4 shall contain the following:

5 ‘‘(1) The estimated expenditures and proposed

6 appropriations necessary to support the programs,

7 projects, and activities of the national security pro8 grams of the Department during the five-fiscal year

9 period covered by the program and budget plan, ex10 pressed in a level of detail comparable to that con11 tained in the budget submitted by the President to

12 Congress under section 1105 of title 31, United

13 States Code.

14 ‘‘(2) A description of the anticipated workload

15 requirements for each Department site during that

16 five-fiscal year period.’’; and

17 (C) in subsection (c), as so redesignated, by

18 striking ‘‘the budget required’’ and inserting ‘‘the

19 program and budget plan required’’.

20 (2) The section heading of such section is amended

21 by striking ‘‘ FIVE-YEAR BUDGET’’ and inserting

22 ‘‘FIVE-FISCAL YEAR PROGRAM AND BUDG23 ET PLAN’’.

24 (b) ADDITIONAL REQUIREMENTS FOR WEAPONS AC25 TIVITIES BUDGETS.—Section 3156 of the National De-
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1 fense Authorization Act for Fiscal Year 1997 (Public Law

2 104–201; 110 Stat. 2841; 42 U.S.C. 7271c) is amended—

3 (1) by redesignating subsection (c) as sub4 section (d); and

5 (2) by inserting after subsection (b) the fol6 lowing new subsection (c):

7 ‘‘(c) IMPACT OF BUDGET ON STOCKPILE.—The Sec8 retary shall include in the materials the Secretary submits

9 to Congress in support of the budget for any fiscal year

10 after fiscal year 2000 that is submitted by the President

11 pursuant to section 1105 of title 31, United States Code,

12 a description of how the funds identified for each program

13 element in the weapons activities budget of the Depart14 ment for such fiscal year will help ensure that the nuclear

15 weapons stockpile is safe and reliable as determined in ac16 cordance with the criteria established under 3158 of the

17 National Defense Authorization Act for Fiscal Year 1999

18 (Public Law 105–261; 112 Stat. 2257; 42 U.S.C. 2121

19 note).’’.

20 SEC. 3173. EXTENSION OF AUTHORITY OF DEPARTMENT OF

21 ENERGY TO PAY VOLUNTARY SEPARATION

22 INCENTIVE PAYMENTS.

23 (a) EXTENSION.—Notwithstanding subsection

24 (c)(2)(D) of section 663 of the Treasury, Postal Service,

25 and General Government Appropriations Act, 1997 (Pub-
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1 lic Law 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597

2 note), the Department of Energy may pay voluntary sepa3 ration incentive payments to qualifying employees who vol4 untarily separate (whether by retirement or resignation)

5 before January 1, 2003.

6 (b) EXERCISE OF AUTHORITY.—The Department

7 shall pay voluntary separation incentive payments under

8 subsection (a) in accordance with the provisions of such

9 section 663.

10 SEC. 3174. INTEGRATED FISSILE MATERIALS MANAGEMENT

11 PLAN.

12 (a) PLAN.—The Secretary of Energy shall develop a

13 long-term plan for the integrated management of fissile

14 materials by the Department of Energy. The plan shall—

15 (1) identify means of consolidating or inte16 grating the responsibilities of the Office of Environ17 mental Management, the Office of Fissile Materials

18 Disposition, the Office of Nuclear Energy, and the

19 Office of Defense Programs for the treatment, stor20 age and disposition of fissile materials, and for the

21 waste streams containing fissile materials, in order

22 to achieve budgetary and other efficiencies in the

23 discharge of those responsibilities; and

24 (2) identify any expenditures necessary at the

25 sites that are anticipated to have an enduring mis-
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1 sion for plutonium management in order to achieve

2 the integrated management of fissile materials by

3 the Department.

4 (b) SUBMITTAL TO CONGRESS.—The Secretary shall

5 submit the plan required by subsection (a) to the congres6 sional defense committees not later than February 1,

7 2000.

8 SEC. 3175. AUTHORITY OF DEPARTMENT OF ENERGY TO

9 ACCEPT LOANS FROM CONTRACTORS FOR

10 CLOSURE PROJECTS AT DEPARTMENT OF EN11 ERGY DEFENSE FACILITIES.

12 (a) AUTHORITY TO ACCEPT LOANS.—Notwith13 standing any other provision of law, the Secretary of En14 ergy may accept a loan from a contractor carrying out

15 closure projects at a Department of Energy defense facil16 ity for purposes of funding additional closure projects at

17 Department defense facilities.

18 (b) LIMITATION ON SOURCE OF LOAN AMOUNT.—

19 The amount for a loan by a contractor under this section

20 shall be derived only from amounts paid the contractor

21 by the Secretary as fees for carrying out closure projects

22 at Department defense facilities.

23 (c) LIMITATION ON LOAN TERMS.—(1) A loan under

24 this section shall not accrue any monetary interest.
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1 (2) A loan under this section shall not be secured by

2 an interest in any property or other asset of the United

3 States

4 (d) AGREEMENT.—A loan under this section shall be

5 governed by the terms of an agreement between the Sec6 retary and the contractor concerned for purposes of the

7 loan.

8 SEC. 3176. PILOT PROGRAM FOR PROJECT MANAGEMENT

9 OVERSIGHT REGARDING DEPARTMENT OF

10 ENERGY CONSTRUCTION PROJECTS.

11 (a) REQUIREMENT.—(1) The Secretary of Energy

12 shall carry out a pilot program on use of project manage13 ment oversight (PMO) services for Department of Energy

14 construction projects.

15 (2) The purpose of the pilot program is to provide

16 a basis for determining whether or not the use of competi17 tively procured, external project management oversight

18 services on construction projects would permit the Depart19 ment to control excessive costs and schedule delays associ20 ated with Department construction projects having large

21 capital costs.

22 (b) PROJECTS COVERED BY PROGRAM.—(1) Subject

23 to paragraph (2), the Secretary shall carry out the pilot

24 program at construction projects selected by the Sec25 retary. The projects shall include one or more construction
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1 projects authorized pursuant to section 3101 and one con2 struction project authorized pursuant to section 3102.

3 (2) The Secretary shall select projects that have cap4 ital construction costs anticipated to be not less than

5 $25,000,000.

6 (c) SERVICES UNDER PROGRAM.—The project man7 agement oversight services utilized under the pilot pro8 gram shall include the following services:

9 (1) Monitoring the overall progress of a project.

10 (2) Determining whether or not a project is on

11 schedule.

12 (3) Determining whether or not a project is

13 within budget.

14 (4) Determining whether or not a project con15 forms with plans and specifications approved by the

16 Department.

17 (5) Determining whether or not a project is

18 being carried out efficiently and effectively.

19 (6) Any other management oversight services

20 that the Secretary considers appropriate for pur21 poses of the pilot program.

22 (d) PROCUREMENT OF SERVICES UNDER PRO23 GRAM.—Any services procured under the pilot program

24 shall be acquired—

25 (1) on a competitive basis; and
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1 (2) from among commercial entities that—

2 (A) do not currently manage or operate fa3 cilities at a location where the pilot program is

4 being conducted; and

5 (B) have an expertise in the management

6 of large construction projects.

7 (e) REPORT.—Not later than February 1, 2000, the

8 Secretary shall submit to the Committees on Armed Serv9 ices of the Senate and the House of Representatives a re10 port on pilot program. The report shall include the Sec11 retary’s assessment of the feasibility and desirability of

12 utilizing project management oversight services for De13 partment of Energy construction projects.

14 SEC. 3177. EXTENSION OF REVIEW OF WASTE ISOLATION

15 PILOT PLANT, NEW MEXICO.

16 Section 1433(a) of the National Defense Authoriza17 tion Act, Fiscal Year 1989 (Public Law 100–456; 102

18 Stat. 2073) is amended in the second sentence by striking

19 ‘‘nine additional one-year periods’’ and inserting ‘‘fourteen

20 additional one-year periods’’.
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1 SEC. 3178. PROPOSED SCHEDULE FOR SHIPMENTS OF

2 WASTE FROM THE ROCKY FLATS PLANT, COL3 ORADO, TO THE WASTE ISOLATION PILOT

4 PROJECT, NEW MEXICO.

5 (a) SUBMITTAL OF PROPOSED SCHEDULE.—Not

6 later than 60 days after the date of the enactment of this

7 Act, the Secretary of Energy shall submit to the Commit8 tees on Armed Services of the Senate and House of Rep9 resentatives a proposed schedule for the commencement

10 of shipments of waste from the Rocky Flats Plant, Colo11 rado, to the Waste Isolation Pilot Project, New Mexico.

12 (b) ELEMENTS.—The schedule under subsection (a)

13 shall set forth—

14 (1) the proposed commencement date of ship15 ments of mixed transuranic waste from the Rocky

16 Flats Plant to the Waste Isolation Pilot Project; and

17 (2) the proposed commencement date of ship18 ments of unmixed transuranic waste from the Rocky

19 Flats Plant to the Waste Isolation Pilot Project.

20 (c) REQUIREMENTS REGARDING SCHEDULE.—In

21 preparing the schedule, the Secretary shall assume the fol22 lowing:

23 (1) A closure date for the Rocky Flats Plant in

24 2006.

25 (2) That all waste that is transferable from the

26 Rocky Flats Plant to the Waste Isolation Pilot
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1 Project will be removed from the Rocky Flats Plant

2 by that closure date as specified in the current 2006

3 Rocky Flats Plant Closure Plan.

4 (3) That, to the maximum extent practicable,

5 shipments of waste from the Rocky Flats Plant to

6 the Waste Isolation Pilot Project will not interfere

7 with other shipments of waste to the Waste Isolation

8 Pilot Project.

9 TITLE XXXII—DEFENSE NU10 CLEAR FACILITIES SAFETY

11 BOARD

12 SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

13 There are authorized to be appropriated for fiscal

14 year 2000, $17,500,000 for the operation of the Defense

15 Nuclear Facilities Safety Board under chapter 21 of the

16 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

17 TITLE XXXIII—NATIONAL

18 DEFENSE STOCKPILE

19 SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

20 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis21 cal year 2000, the National Defense Stockpile Manager

22 may obligate up to $78,700,000 of the funds in the Na23 tional Defense Stockpile Transaction Fund for the author24 ized uses of such funds under section 9(b)(2) of the Stra25 tegic and Critical Materials Stock Piling Act (50 U.S.C.
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1 98h(b)(2)), including the disposal of hazardous materials

2 that are environmentally sensitive.

3 (b) ADDITIONAL OBLIGATIONS.—The National De4 fense Stockpile Manager may obligate amounts in excess

5 of the amount specified in subsection (a) if the National

6 Defense Stockpile Manager notifies Congress that extraor7 dinary or emergency conditions necessitate the additional

8 obligations. The National Defense Stockpile Manager may

9 make the additional obligations described in the notifica10 tion after the end of the 45-day period beginning on the

11 date on which Congress receives the notification.

12 (c) LIMITATIONS.—The authorities provided by this

13 section shall be subject to such limitations as may be pro14 vided in appropriations Acts.

15 SEC. 3302. LIMITATIONS ON PREVIOUS AUTHORITY FOR

16 DISPOSAL OF STOCKPILE MATERIALS.

17 (a) PUBLIC LAW 105–261 AUTHORITY.—Section

18 3303(b) of the Strom Thurmond National Defense Au19 thorization Act for Fiscal Year 1999 (Public Law 105–

20 261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended—

21 (1) by striking ‘‘(b) LIMITATION ON DISPOSAL

22 QUANTITY.—’’ and inserting ‘‘(b) LIMITATIONS ON

23 DISPOSAL AUTHORITY.—(1)’’; and

24 (2) by adding at the end the following:
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1 ‘‘(2) The President may not dispose of materials

2 under this section in excess of the disposals necessary to

3 result in receipts in the amounts specified in subsection

4 (a).’’.

5 (b) PUBLIC LAW 105–85 AUTHORITY.—Section

6 3305(b) of the National Defense Authorization Act for

7 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2058;

8 50 U.S.C. 98d note) is amended—

9 (1) by striking ‘‘(b) LIMITATION ON DISPOSAL

10 QUANTITY.—’’ and inserting ‘‘(b) LIMITATIONS ON

11 DISPOSAL AUTHORITY.—(1)’’; and

12 (2) by adding at the end the following:

13 ‘‘(2) The President may not dispose of cobalt under

14 this section in excess of the disposals necessary to result

15 in receipts in the amounts specified in subsection (a).’’.

16 (c) PUBLIC LAW 104–201 AUTHORITY.—Section

17 3305(b) of the National Defense Authorization Act for

18 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2855;

19 50 U.S.C. 98d note) is amended—

20 (1) by striking ‘‘(b) LIMITATION ON DISPOSAL

21 QUANTITY.—’’ and inserting ‘‘(b) LIMITATIONS ON

22 DISPOSAL AUTHORITY.—(1)’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) The President may not dispose of materials

25 under this section in excess of the disposals necessary to
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1 result in receipts in the amounts specified in subsection

2 (a).’’.

3 TITLE XXXIV—PANAMA CANAL

4 COMMISSION

5 SEC. 3401. SHORT TITLE.

6 This title may be cited as the ‘‘Panama Canal Com7 mission Authorization Act for Fiscal Year 2000’’.

8 SEC. 3402. AUTHORIZATION OF EXPENDITURES.

9 (a) IN GENERAL.—Subject to subsection (b), the

10 Panama Canal Commission is authorized to use amounts

11 in the Panama Canal Revolving Fund to make such ex12 penditures within the limits of funds and borrowing au13 thority available to it in accordance with law, and to make

14 such contracts and commitments, as may be necessary

15 under the Panama Canal Act of 1979 (22 U.S.C. 3601

16 et seq.) for the operation, maintenance, improvement, and

17 administration of the Panama Canal for the period Octo18 ber 1, 1999, through noon on December 31, 1999.

19 (b) LIMITATIONS.—For the period described in sub20 section (a), the Panama Canal Commission may expend

21 from funds in the Panama Canal Revolving Fund not

22 more than $25,000 for official reception and representa23 tion expenses, of which—
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1 (1) not more than $7,000 may be used for offi2 cial reception and representation expenses of the Su3 pervisory Board of the Commission;

4 (2) not more than $3,500 may be used for offi5 cial reception and representation expenses of the

6 Secretary of the Commission; and

7 (3) not more than $14,500 may be used for of8 ficial reception and representation expenses of the

9 Administrator of the Commission.

10 SEC. 3403. PURCHASE OF VEHICLES.

11 Notwithstanding any other provision of law, the

12 funds available to the Commission shall be available for

13 the purchase and transportation to the Republic of Pan14 ama of replacement passenger motor vehicles, the pur15 chase price of which shall not exceed $26,000 per vehicle.

16 SEC. 3404. EXPENDITURES ONLY IN ACCORDANCE WITH

17 TREATIES.

18 Expenditures authorized under this title may be made

19 only in accordance with the Panama Canal Treaties of

20 1977 and any law of the United States implementing

21 those treaties.

22 SEC. 3405. OFFICE OF TRANSITION ADMINISTRATION.

23 (a) EXPENDITURES FROM PANAMA CANAL COMMIS24 SION DISSOLUTION FUND.—The Office of Transition Ad25 ministration established under subsection (b) of section
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1 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a)

2 is authorized to obligate and expend funds from the Pan3 ama Canal Commission Dissolution Fund established

4 under subsection (c) of such section for the purposes enu5 merated in such subsection until the fund terminates.

6 (b) ADMINISTRATIVE OFFICES.—The Office of Tran7 sition Administration shall have offices in the Republic of

8 Panama and in Washington, District of Columbia. The of9 fice in Panama shall be subject to the authority of the

10 United States chief of mission in the Republic of Panama.

11 (c) OVERSIGHT OF CLOSE-OUT ACTIVITIES.—The

12 Panama Canal Commission shall enter into an agreement

13 with the head of a department or agency of the Federal

14 Government to supervise the close out of the affairs of

15 the Commission under section 1305 of the Panama Canal

16 Act of 1979 and to certify the completion of that function.