106TH CONGRESS

1ST SESSION S. 1062

AN ACT

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’’.
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1 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

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.
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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.

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. Conduct of security clearances.

Sec. 3164. Protection of classified information during laboratory-to-laboratory

exchanges.

Sec. 3165. 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. Use of amounts for award fees for Department of Energy closure

projects for additional cleanup projects at closure project sites.

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 Plant, New Mexico.

Sec. 3179. Comptroller General report on closure of Rocky Flats Environmental Technology Site, Colorado.

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.
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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

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 TITLE XXXI—DEPARTMENT OF

10 ENERGY NATIONAL SECURITY

11 PROGRAMS

12 Subtitle A—National Security

13 Programs Authorizations

14 SEC. 3101. WEAPONS ACTIVITIES.

15 Funds are hereby authorized to be appropriated to

16 the Department of Energy for fiscal year 2000 for weap17 ons activities in carrying out programs necessary for na18 tional security in the amount of $4,530,000,000, to be al19 located as follows:

20 (1) STOCKPILE STEWARDSHIP.—Funds are

21 hereby authorized to be appropriated to the Depart22 ment of Energy for fiscal year 2000 for stockpile

23 stewardship in carrying out weapons activities nec24 essary for national security programs in the amount

25 of $2,248,700,000, to be allocated as follows:
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1 (A) For core stockpile stewardship,

2 $1,748,500,000, to be allocated as follows:

3 (i) For operation and maintenance,

4 $1,615,355,000.

5 (ii) For plant projects (including

6 maintenance, restoration, planning, con7 struction, acquisition, modification of fa8 cilities, and the continuation of projects

9 authorized in prior years, and land acquisi10 tion related thereto), $133,145,000, to be

11 allocated as follows:

12 Project 00–D–103, terascale sim13 ulation facility, Lawrence Livermore

14 National Laboratory, Livermore, Cali15 fornia, $8,000,000.

16 Project 00–D–105, strategic

17 computing complex, Los Alamos Na18 tional Laboratory, Los Alamos, New

19 Mexico, $26,000,000.

20 Project 00–D–107, joint com21 putational engineering laboratory,

22 Sandia National Laboratories, Albu23 querque, New Mexico, $1,800,000.

24 Project 99–D–102, rehabilitation

25 of maintenance facility, Lawrence
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1 Livermore National Laboratory,

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

3 Project 99–D–103, isotope

4 sciences facilities, Lawrence Liver5 more National Laboratory, Livermore,

6 California, $2,000,000.

7 Project 99–D–104, protection of

8 real property (roof reconstruction,

9 Phase II), Lawrence Livermore Na10 tional Laboratory, Livermore, Cali11 fornia, $2,400,000.

12 Project 99–D–105, central health

13 physics calibration facility, Los Ala14 mos National Laboratory, Los Ala15 mos, New Mexico, $1,000,000.

16 Project 99–D–106, model valida17 tion and system certification test cen18 ter, Sandia National Laboratories, Al19 buquerque, New Mexico, $6,500,000.

20 Project 99–D–108, renovate ex21 isting roadways, Nevada Test Site,

22 Nevada, $7,005,000.

23 Project 97–D–102, dual-axis ra24 diographic hydrotest facility, Los Ala-
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1 mos National Laboratory, Los Ala2 mos, New Mexico, $61,000,000.

3 Project 96–D–102, stockpile

4 stewardship facilities revitalization,

5 Phase VI, various locations,

6 $2,640,000.

7 Project 96–D–104, processing

8 and environmental technology labora9 tory, Sandia National Laboratories,

10 Albuquerque, New Mexico,

11 $10,900,000.

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

13 be allocated as follows:

14 (i) For operation and maintenance,

15 $217,600,000.

16 (ii) For the following plant project

17 (including maintenance, restoration, plan18 ning, construction, acquisition, and modi19 fication of facilities, and land acquisition

20 related thereto), $248,100,000, to be allo21 cated as follows:

22 Project 96–D–111, national igni23 tion facility, Lawrence Livermore Na24 tional Laboratory, Livermore, Cali25 fornia, $248,100,000.
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1 (C) For technology partnership and edu2 cation, $34,500,000, to be allocated as follows:

3 (i) For technology partnership,

4 $15,200,000.

5 (ii) For education, $19,300,000.

6 (2) STOCKPILE MANAGEMENT.—Funds are

7 hereby authorized to be appropriated to the Depart8 ment of Energy for fiscal year 2000 for stockpile

9 management in carrying out weapons activities nec10 essary for national security programs in the amount

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

12 (A) For operation and maintenance,

13 $1,880,621,000.

14 (B) For plant projects (including mainte15 nance, restoration, planning, construction, ac16 quisition, modification of facilities, and the con17 tinuation of projects authorized in prior years,

18 and land acquisition related thereto),

19 $158,679,000, to be allocated as follows:

20 Project 99–D–122, rapid reactivation,

21 various locations, $11,700,000.

22 Project 99–D–127, stockpile manage23 ment restructuring initiative, Kansas City

24 Plant, Kansas City, Missouri,

25 $17,000,000.
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1 Project 99–D–128, stockpile manage2 ment restructuring initiative, Pantex Plant

3 consolidation, Amarillo, Texas, $3,429,000.

4 Project 99–D–132, stockpile manage5 ment restructuring initiative, nuclear mate6 rial safeguards and security upgrades

7 project, Los Alamos National Laboratory,

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

9 Project 98–D–123, stockpile manage10 ment restructuring initiative, tritium facil11 ity modernization and consolidation, Sa12 vannah River Site, Aiken, South Carolina,

13 $21,800,000.

14 Project 98–D–124, stockpile manage15 ment restructuring initiative, Y–12 Plant

16 consolidation, Oak Ridge, Tennessee,

17 $3,150,000.

18 Project 98–D–125, tritium extraction

19 facility, Savannah River Site, Aiken, South

20 Carolina, $33,000,000.

21 Project 98–D–126, accelerator pro22 duction of tritium, various locations,

23 $31,000,000.
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1 Project 97–D–123, structural up2 grades, Kansas City Plant, Kansas City,

3 Missouri, $4,800,000.

4 Project 95–D–102, chemistry and

5 metallurgy research building upgrades, Los

6 Alamos National Laboratory, Los Alamos,

7 New Mexico, $18,000,000.

8 Project 88–D–123, security enhance9 ments, Pantex Plant, Amarillo, Texas,

10 $3,500,000.

11 (3) PROGRAM DIRECTION.—Funds are hereby

12 authorized to be appropriated to the Department of

13 Energy for fiscal year 2000 for program direction in

14 carrying out weapons activities necessary for na15 tional security programs in the amount of

16 $242,000,000.

17 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

18 WASTE MANAGEMENT.

19 Funds are hereby authorized to be appropriated to

20 the Department of Energy for fiscal year 2000 for envi21 ronmental restoration and waste management in carrying

22 out programs necessary for national security in the

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

24 (1) CLOSURE PROJECTS.—For closure projects

25 carried out in accordance with section 3143 of the
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1 National Defense Authorization Act for Fiscal Year

2 1997 (Public Law 104–201; 110 Stat. 2836; 42

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

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

5 project and completion in carrying out environ6 mental restoration and waste management activities

7 necessary for national security programs in the

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

9 (A) For operation and maintenance,

10 $880,629,000.

11 (B) For plant projects (including mainte12 nance, restoration, planning, construction, ac13 quisition, modification of facilities, and the con14 tinuation of projects authorized in prior years,

15 and land acquisition related thereto),

16 $100,290,000, to be allocated as follows:

17 Project 00–D–ll, Transuranic

18 waste treatment, Oak Ridge, Tennessee,

19 $12,000,000.

20 Project 00–D–400, Site Operations

21 Center, Idaho National Engineering and

22 Environmental Laboratory, Idaho Falls,

23 Idaho, $1,306,000.
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1 Project 99–D–402, tank farm support

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

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

4 Project 99–D–404, health physics in5 strumentation laboratory, Idaho National

6 Engineering and Environmental Labora7 tory, Idaho, $7,200,000.

8 Project 98–D–401, H-tank farm

9 storm water systems upgrade, Savannah

10 River Site, Aiken, South Carolina,

11 $2,977,000.

12 Project 98–D–453, plutonium sta13 bilization and handling system for pluto14 nium finishing plant, Richland, Wash15 ington, $16,860,000.

16 Project 98–D–700, road rehabilita17 tion, Idaho National Engineering and En18 vironmental Laboratory, Idaho,

19 $2,590,000.

20 Project 97–D–450, Actinide pack21 aging and storage facility, Savannah River

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

23 Project 97–D–470, regulatory moni24 toring and bioassay laboratory, Savannah
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1 River Site, Aiken, South Carolina,

2 $12,220,000.

3 Project 96–D–406, spent nuclear fuels

4 canister storage and stabilization facility,

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

6 Project 96–D–464, electrical and util7 ity systems upgrade, Idaho National Engi8 neering and Environmental Laboratory,

9 Idaho, $11,971,000.

10 Project 96–D–471, chlorofluorocarbon

11 heating, ventilation, and air conditioning

12 and chiller retrofit, Savannah River Site,

13 Aiken, South Carolina, $931,000.

14 Project 86–D–103, decontamination

15 and waste treatment facility, Lawrence

16 Livermore National Laboratory, Liver17 more, California, $2,000,0000.

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

19 project completion in carrying out environmental

20 restoration and waste management activities nec21 essary for national security programs in the amount

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

23 (A) For operation and maintenance,

24 $2,847,997,000.
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1 (B) For plant projects (including mainte2 nance, restoration, planning, construction, ac3 quisition, modification of facilities, and the con4 tinuation of projects authorized in prior years,

5 and land acquisition related thereto),

6 $54,551,000, to be allocated as follows:

7 Project 00–D–401, spent nuclear fuel

8 treatment and storage facility, title I and

9 II, Savannah River Site, Aiken, South

10 Carolina, $7,000,000.

11 Project 99–D–403, privatization

12 phase I infrastructure support, Richland,

13 Washington, $13,988,000.

14 Project 97–D–402, tank farm restora15 tion and safe operations, Richland, Wash16 ington, $20,516,000.

17 Project 94–D–407, initial tank re18 trieval systems, Richland, Washington,

19 $4,060,000.

20 Project 93–D–187, high-level waste

21 removal from filled waste tanks, Savannah

22 River Site, Aiken, South Carolina,

23 $8,987,000.

24 (4) SCIENCE AND TECHNOLOGY.—For science

25 and technology in carrying out environmental res-
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1 toration and waste management activities necessary

2 for national security programs in the amount of

3 $235,500,000.

4 (5) PROGRAM DIRECTION.—For program direc5 tion in carrying out environmental restoration and

6 waste management activities necessary for national

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

8 SEC. 3103. OTHER DEFENSE ACTIVITIES.

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

10 be appropriated to the Department of Energy for fiscal

11 year 2000 for other defense activities in carrying out pro12 grams necessary for national security in the amount of

13 $1,821,000,000, to be allocated as follows:

14 (1) NONPROLIFERATION AND NATIONAL SECU15 RITY.—For nonproliferation and national security,

16 $744,300,000, to be allocated as follows:

17 (A) For verification and control tech18 nology, $497,000,000, to be allocated as fol19 lows:

20 (i) For nonproliferation and

21 verification research and development,

22 $215,000,000.

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

24 (iii) For plant projects (including

25 maintenance, restoration, planning, con-
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1 struction, acquisition, modification of fa2 cilities, and the continuation of projects

3 authorized in prior years, and land acquisi4 tion related thereto), $6,000,000, to be al5 located as follows:

6 Project 00–D–192, Nonprolifera7 tion and International Security Cen8 ters (NISC), Los Alamos National

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

10 (B) For nuclear safeguards and security,

11 $59,100,000.

12 (C) For security investigations,

13 $47,000,000.

14 (D) For emergency management,

15 $21,000,000.

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

17 (F) For HEV Transparency implementa18 tion, $15,750,000.

19 (G) For international nuclear safety,

20 $34,000,000.

21 (2) INTELLIGENCE.—For intelligence,

22 $36,059,000.

23 (3) COUNTERINTELLIGENCE.—For counter24 intelligence, $66,200,000.
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1 (4) WORKER AND COMMUNITY TRANSITION AS2 SISTANCE.—For worker and community transition

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

4 (A) For worker and community transition,

5 $26,500,000.

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

7 (5) FISSILE MATERIALS CONTROL AND DISPOSI8 TION.—For fissile materials control and disposition,

9 $200,000,000, to be allocated as follows:

10 (A) For operation and maintenance,

11 $129,766,000.

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

13 (C) For plant projects (including mainte14 nance, restoration, planning, construction, ac15 quisition, modification of facilities, and the con16 tinuation of projects authorized in prior years,

17 and land acquisition related thereto),

18 $62,891,000, to be allocated as follows:

19 Project 00–D–142, Immobilization

20 and associated processing facility, various

21 locations, $21,765,000.

22 Project 99–D–141, pit disassembly

23 and conversion facility, various locations,

24 $28,751,000.
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1 Project 99–D–143, mixed oxide fuel

2 fabrication facility, various locations,

3 $12,375,000.

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

5 For environment, safety, and health, defense,

6 $79,000,000, to be allocated as follows:

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

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

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

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

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

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

13 $675,000,000, to be allocated as follows:

14 (A) For naval reactors development,

15 $654,400,000, to be allocated as follows:

16 (i) For operation and maintenance,

17 $630,400,000.

18 (ii) For plant projects (including

19 maintenance, restoration, planning, con20 struction, acquisition, modification of fa21 cilities, and the continuation of projects

22 authorized in prior years, and land acquisi23 tion related thereto), $24,000,000, to be

24 allocated as follows:
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1 GPN–101, general plant projects,

2 various locations, $9,000,000.

3 Project 98–D–200, site labora4 tory/facility upgrade, various loca5 tions, $3,000,000.

6 Project 90–N–102, expended core

7 facility dry cell project, Naval Reac8 tors Facility, Idaho, $12,000,000.

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

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

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

12 the amounts authorized to be appropriated in paragraphs

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

14 (2) The amount authorized to be appropriated pursu15 ant to subsection (a)(1)(C) is reduced by $20,000,000 to

16 reflect an offset provided by user organizations for secu17 rity investigations.

18 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

19 (a) DEFENSE NUCLEAR WASTE DISPOSAL.—Funds

20 are hereby authorized to be appropriated to the Depart21 ment of Energy for fiscal year 2000 for payment to the

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

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

24 in the amount of $112,000,000.
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1 (b) ADJUSTMENT.—The amount authorized to be ap2 propriated pursuant to subsection (a) is reduced by

3 $39,000,000.

4 SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI5 VATIZATION.

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

7 be appropriated to the Department of Energy for fiscal

8 year 2000 for privatization initiatives in carrying out envi9 ronmental restoration and waste management activities

10 necessary for national security programs in the amount

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

12 Project 98–PVT–2, spent nuclear fuel dry stor13 age, Idaho Falls, Idaho, $5,000,000.

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

15 Tennessee, $20,000,000.

16 Project 97–PVT–1, tank waste remediation sys17 tem phase I, Hanford, Washington, $106,000,000.

18 Project 97–PVT–2, advanced mixed waste

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

20 (b) ADJUSTMENT.—The amount authorized to be ap21 propriated in subsection (a) is the sum of the amounts

22 authorized to be appropriated for the projects set forth

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

24 prior year balances of funds for defense environmental

25 management privatization.
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1 Subtitle B—Recurring General

2 Provisions

3 SEC. 3121. REPROGRAMMING.

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

5 submits to the congressional defense committees the re6 port referred to in subsection (b) and a period of 30 days

7 has elapsed after the date on which such committees re8 ceive the report, the Secretary may not use amounts ap9 propriated pursuant to this title for any program—

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

11 (A) 110 percent of the amount authorized

12 for that program by this title; or

13 (B) $1,000,000 more than the amount au14 thorized for that program by this title; or

15 (2) which has not been presented to, or re16 quested of, Congress.

17 (b) REPORT.—(1) The report referred to in sub18 section (a) is a report containing a full and complete state19 ment of the action proposed to be taken and the facts and

20 circumstances relied upon in support of such proposed ac21 tion.

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

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

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

25 adjournment of more than 3 days to a day certain.
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1 (c) LIMITATIONS.—(1) In no event may the total

2 amount of funds obligated pursuant to this title exceed

3 the total amount authorized to be appropriated by this

4 title.

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

6 be used for an item for which Congress has specifically

7 denied funds.

8 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

10 carry out any construction project under the general plant

11 projects authorized by this title if the total estimated cost

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

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

14 the construction of any general plant project authorized

15 by this title, the estimated cost of the project is revised

16 because of unforeseen cost variations and the revised cost

17 of the project exceeds $5,000,000, the Secretary shall im18 mediately furnish a complete report to the congressional

19 defense committees explaining the reasons for the cost

20 variation.

21 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

22 (a) IN GENERAL.—(1) Except as provided in para23 graph (2), construction on a construction project may not

24 be started or additional obligations incurred in connection

25 with the project above the total estimated cost, whenever
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1 the current estimated cost of the construction project,

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

3 which is in support of national security programs of the

4 Department of Energy and was authorized by any pre5 vious Act, exceeds by more than 25 percent the higher

6 of—

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

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

9 the project as shown in the most recent budget jus10 tification data submitted to Congress.

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

12 taken if—

13 (A) the Secretary of Energy has submitted to

14 the congressional defense committees a report on the

15 actions and the circumstances making such action

16 necessary; and

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

18 date on which the report is received by the commit19 tees.

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

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

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

23 adjournment of more than 3 days to a day certain.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 any construction project which has a current estimated

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

4 SEC. 3124. FUND TRANSFER AUTHORITY.

5 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

6 The Secretary of Energy may transfer funds authorized

7 to be appropriated to the Department of Energy pursuant

8 to this title to other Federal agencies for the performance

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

10 transferred may be merged with and be available for the

11 same purposes and for the same period as the authoriza12 tions of the Federal agency to which the amounts are

13 transferred.

14 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

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

16 transfer funds authorized to be appropriated to the De17 partment of Energy pursuant to this title between any

18 such authorizations. Amounts of authorizations so trans19 ferred may be merged with and be available for the same

20 purposes and for the same period as the authorization to

21 which the amounts are transferred.

22 (2) Not more than 5 percent of any such authoriza23 tion may be transferred between authorizations under

24 paragraph (1). No such authorization may be increased
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1 or decreased by more than five percent by a transfer under

2 such paragraph.

3 (c) LIMITATION.—The authority provided by this sec4 tion to transfer authorizations—

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

6 relating to activities necessary for national security

7 programs that have a higher priority than the items

8 from which the funds are transferred; and

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

10 item for which Congress has specifically denied

11 funds.

12 (d) NOTICE TO CONGRESS.—The Secretary of En13 ergy shall promptly notify the Committee on Armed Serv14 ices of the Senate and the Committee on Armed Services

15 of the House of Representatives of any transfer of funds

16 to or from authorizations under this title.

17 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC18 TION DESIGN.

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

20 Subject to paragraph (2) and except as provided in para21 graph (3), before submitting to Congress a request for

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

23 national security program of the Department of Energy,

24 the Secretary of Energy shall complete a conceptual de25 sign for that project.
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1 (2) If the estimated cost of completing a conceptual

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

3 Secretary shall submit to Congress a request for funds for

4 the conceptual design before submitting a request for

5 funds for the construction project.

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

7 to a request for funds—

8 (A) for a construction project the total esti9 mated cost of which is less than $5,000,000; or

10 (B) for emergency planning, design, and con11 struction activities under section 3126.

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

13 Within the amounts authorized by this title, the Secretary

14 of Energy may carry out construction design (including

15 architectural and engineering services) in connection with

16 any proposed construction project if the total estimated

17 cost for such design does not exceed $600,000.

18 (2) If the total estimated cost for construction design

19 in connection with any construction project exceeds

20 $600,000, funds for such design must be specifically au21 thorized by law.

22 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE23 SIGN, AND CONSTRUCTION ACTIVITIES.

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

25 any funds available to the Department of Energy pursuant
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1 to an authorization in this title, including those funds au2 thorized to be appropriated for advance planning and con3 struction design under sections 3101, 3102, and 3103, to

4 perform planning, design, and construction activities for

5 any Department of Energy national security program con6 struction project that, as determined by the Secretary,

7 must proceed expeditiously in order to protect public

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

9 or to protect property.

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

11 the authority under subsection (a) in the case of any con12 struction project until the Secretary has submitted to the

13 congressional defense committees a report on the activities

14 that the Secretary intends to carry out under this section

15 and the circumstances making such activities necessary.

16 (c) SPECIFIC AUTHORITY.—The requirement of sec17 tion 3125(b)(2) does not apply to emergency planning, de18 sign, and construction activities conducted under this sec19 tion.

20 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU21 RITY PROGRAMS OF THE DEPARTMENT OF

22 ENERGY.

23 Subject to the provisions of appropriations Acts and

24 section 3121, amounts appropriated pursuant to this title

25 for management and support activities and for general
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1 plant projects are available for use, when necessary, in

2 connection with all national security programs of the De3 partment of Energy.

4 SEC. 3128. AVAILABILITY OF FUNDS.

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

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

7 appropriated for operation and maintenance or for plant

8 projects may remain available until expended.

9 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

10 Amounts appropriated for program direction pursuant to

11 an authorization of appropriations in subtitle A shall re12 main available to be expended only until the end of fiscal

13 year 2002.

14 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL

15 MANAGEMENT FUNDS.

16 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON17 MENTAL MANAGEMENT FUNDS.—The Secretary of En18 ergy shall provide the manager of each field office of the

19 Department of Energy with the authority to transfer de20 fense environmental management funds from a program

21 or project under the jurisdiction of the office to another

22 such program or project.

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

24 made to or from any program or project under subsection

25 (a) in a fiscal year.
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1 (2) The amount transferred to or from a program

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

3 in a fiscal year.

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

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

6 determines that the transfer is necessary to address a risk

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

8 efficient use of defense environmental management funds

9 at the field office.

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

11 may not be used for an item for which Congress has spe12 cifically denied funds or for a new program or project that

13 has not been authorized by Congress.

14 (c) EXEMPTION FROM REPROGRAMMING REQUIRE15 MENTS.—The requirements of section 3121 shall not

16 apply to transfers of funds pursuant to subsection (a).

17 (d) NOTIFICATION.—The Secretary, acting through

18 the Assistant Secretary of Energy for Environmental

19 Management, shall notify Congress of any transfer of

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

21 after such transfer occurs.

22 (e) DEFINITIONS.—In this section:

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

24 respect to a field office of the Department of En25 ergy, any of the following:
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1 (A) A program referred to or a project list2 ed in paragraph (2) or (3) of section 3102.

3 (B) A program or project not described in

4 subparagraph (A) that is for environmental res5 toration or waste management activities nec6 essary for national security programs of the De7 partment, that is being carried out by the of8 fice, and for which defense environmental man9 agement funds have been authorized and appro10 priated before the date of the enactment of this

11 Act.

12 (2) The term ‘‘defense environmental manage13 ment funds’’ means funds appropriated to the De14 partment of Energy pursuant to an authorization for

15 carrying out environmental restoration and waste

16 management activities necessary for national secu17 rity programs.

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

19 field offices of the Department may exercise the authority

20 provided under subsection (a) during the period beginning

21 on October 1, 1999, and ending on September 30, 2000.
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1 Subtitle C—Program Authoriza2 tions, Restrictions, and Limita3 tions

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

5 ACTIVITIES UNDER FORMERLY UTILIZED

6 SITE REMEDIAL ACTION PROGRAM.

7 Notwithstanding any other provision of law, no funds

8 authorized to be appropriated or otherwise made available

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

10 the military activities of the Department of Defense or the

11 defense activities of the Department of Energy for a fiscal

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

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

14 site designated as a site under the Formerly Utilized Site

15 Remedial Action Program as of the date of the enactment

16 of this Act.

17 SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT,

18 AND DISPOSITION OF LEGACY NUCLEAR MA19 TERIALS.

20 The Secretary of Energy shall continue operations

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

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

23 South Carolina, and shall provide the technical staff nec24 essary to operate and so maintain such facilities.
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1 SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN2 SION PROGRAM.

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

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

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

6 life of the weapons in the nuclear weapons stockpile.

7 (b) ADMINISTRATIVE RESPONSIBILITY FOR PRO8 GRAM.—The program under subsection (a) shall be a pro9 gram within the Office of Defense Programs of the De10 partment of Energy.

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

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

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

14 nuclear weapons stockpile. The plan shall provide the fol15 lowing:

16 (1) Mechanisms to provide for the remanufac17 ture of each weapon design designated by the Sec18 retary for inclusion in the enduring nuclear weapons

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

20 (2) Mechanisms to expedite the collection of

21 data necessary for carrying out the program, includ22 ing data relating to the aging of materials and com23 ponents, new manufacturing techniques, and the re24 placement or substitution of materials.

25 (3) Mechanisms to ensure the appropriate as26 signment of roles and missions for each Department
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1 nuclear weapons laboratory and production plant, in2 cluding mechanisms for allocation of workload,

3 mechanisms to ensure the carrying out of appro4 priate modernization activities, and mechanisms to

5 ensure the retention of skilled personnel.

6 (4) Mechanisms for allocating funds for activi7 ties under the program, including allocations of

8 funds by weapon type and facility.

9 (d) ANNUAL SUBMITTAL OF PLAN.—(1) The Sec10 retary shall submit to the Committees on Armed Services

11 of the Senate and the House of Representatives the plan

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

13 2000. The plan shall contain the maximum level of detail

14 practicable.

15 (2) The Secretary shall submit to the committees re16 ferred to in paragraph (1) each year after 2000, at the

17 same time as the submission of the budget for the fiscal

18 year beginning in such year under section 1105 of title

19 31, United States Code, an update of the plan submitted

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

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

22 (e) SENSE OF CONGRESS REGARDING FUNDING OF

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

24 should include in each budget for a fiscal year submitted

25 to Congress under section 1105 of title 31, United States
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1 Code, sufficient funds to carry out in the fiscal year cov2 ered by such budget the activities under the program

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

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

5 SEC. 3134. TRITIUM PRODUCTION.

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

7 of Energy shall produce new tritium to meet the require8 ments of the Nuclear Weapons Stockpile Memorandum at

9 the Tennessee Valley Authority Watts Bar or Sequoyah

10 nuclear power plants consistent with the Secretary’s De11 cember 22, 1998, decision document designating the Sec12 retary’s preferred tritium production technology.

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

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

15 design and construct a new tritium extraction facility in

16 the H–Area of the Savannah River Site, Aiken, South

17 Carolina.

18 (c) DESIGN AND ENGINEERING DEVELOPMENT.—

19 The Secretary shall—

20 (1) complete preliminary design and engineer21 ing development of the Accelerator Production of

22 Tritium technology design as a backup source of

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

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

25 decision document; and
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1 (2) make available those funds necessary to

2 complete engineering development and demonstra3 tion, preliminary design, and detailed design of key

4 elements of the system consistent with the Sec5 retary’s decision document of December 22, 1998.

6 SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCEL7 ERATOR PRODUCTION OF TRITIUM.

8 (a) INDEPENDENT COST ESTIMATE.—(1) The Sec9 retary of Energy shall secure an independent cost estimate

10 of the Accelerator Production of Tritium.

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

12 possible level, but in no event at a level below that cur13 rently defined by the Secretary as Type III, ‘‘Sampling

14 Technique’’.

15 (b) REPORT.—Not later than April 1, 2000, the Sec16 retary shall submit to the congressional defense commit17 tees a report on the independent cost estimate conducted

18 under subsection (a).

19 SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVI20 TIES.

21 (a) INITIATIVE FOR PROLIFERATION PREVENTION

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

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

24 Initiative for Proliferation Prevention program (IPP) may

25 be obligated or expended by the Department of Energy
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1 national laboratories to carry out or provide oversight of

2 any activities under that program.

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

4 after fiscal year 1999 for the Initiative for Proliferation

5 Prevention program may be used to increase or otherwise

6 supplement the pay or benefits of a scientist or engineer

7 if the scientist or engineer—

8 (i) is currently engaged in activities directly re9 lated to the design, development, production, or test10 ing of chemical or biological weapons or a missile

11 system to deliver such weapons; or

12 (ii) was not formerly engaged in activities di13 rectly related to the design, development, production,

14 or testing of weapons of mass destruction or a mis15 sile system to deliver such weapons.

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

17 after fiscal year 1999 for the Initiative for Proliferation

18 Prevention program may be made available to an institute

19 if the institute—

20 (i) is currently involved in activities described in

21 subparagraph (A)(i); or

22 (ii) was not formerly involved in activities de23 scribed in subparagraph (A)(ii).

24 (3)(A) No funds available for the Initiative for Pro25 liferation Prevention program may be provided to an insti-
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1 tute or scientist under the program if the Secretary of En2 ergy determines that the institute or scientist has made

3 a scientific or business contact in any way associated with

4 or related to weapons of mass destruction with a rep5 resentative of a country of proliferation concern.

6 (B) For purposes of this paragraph, the term ‘‘coun7 try of proliferation concern’’ means any country so des8 ignated by the Director of Central Intelligence for pur9 poses of the Initiative for Proliferation Prevention pro10 gram.

11 (4)(A) The Secretary of Energy shall prescribe proce12 dures for the review of projects under the Initiative for

13 Proliferation Prevention program. The purpose of the re14 view shall be to ensure the following:

15 (i) That the military applications of such

16 projects, and any information relating to such appli17 cations, is not inadvertently transferred or utilized

18 for military purposes.

19 (ii) That activities under the projects are not

20 redirected toward work relating to weapons of mass

21 destruction.

22 (iii) That the national security interests of the

23 United States are otherwise fully considered before

24 the commencement of the projects.
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1 (B) Not later than 30 days after the date on which

2 the Secretary prescribes the procedures required by sub3 paragraph (A), the Secretary shall submit to Congress a

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

5 schedule for the implementation of the procedures.

6 (5)(A) The Secretary shall evaluate the projects car7 ried out under the Initiative for Proliferation Prevention

8 program for commercial purposes to determine whether or

9 not such projects are likely to achieve their intended com10 mercial objectives.

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

12 evaluation that a project is not likely to achieve its in13 tended commercial objective, the Secretary shall terminate

14 the project.

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

16 should enter into negotiations with the Russian Govern17 ment for purposes of concluding an agreement between the

18 United States Government and the Russian Government

19 to provide for the permanent exemption from taxation by

20 the Russian Government of the nonproliferation activities

21 of the Department of Energy under the Initiative for Pro22 liferation Prevention program.

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

24 authorized to be appropriated by this title for the Nuclear

25 Cities Initiative may be obligated or expended for purposes
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1 of the initiative until the Secretary of Energy certifies to

2 Congress that Russia has agreed to close some of its facili3 ties engaged in work on weapons of mass destruction.

4 (2) Notwithstanding a certification under paragraph

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

6 for the Nuclear Cities Initiative may not be obligated or

7 expended for purposes of providing assistance under the

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

9 two serial production facilities, in Russia in fiscal year

10 2000.

11 (3)(A) The Secretary shall conduct a study of the po12 tential economic effects of each commercial program pro13 posed under the Nuclear Cities Initiative before providing

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

15 include an assessment regarding whether or not the mech16 anisms for job creation under the program are likely to

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

18 the program.

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

20 study that the intended commercial benefits of a program

21 are not likely to be achieved, the Secretary may not pro22 vide assistance for the conduct of the program.

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

24 shall submit to Congress a report describing the participa25 tion in or contribution to the Nuclear Cities Initiative of
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1 each department and agency of the United States Govern2 ment that participates in or contributes to the initiative.

3 The report shall describe separately any interagency par4 ticipation in or contribution to the initiative.

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

6 the Secretary of Energy shall submit to the Committees

7 on Armed Services of the Senate and House of Represent8 atives a report on the Initiative for Proliferation Preven9 tion program (IPP) and the Nuclear Cities Initiative.

10 (2) The report shall include the following:

11 (A) A strategic plan for the Initiative for Pro12 liferation Prevention program and for the Nuclear

13 Cities Initiative, which shall establish objectives for

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

15 means for measuring the achievement of such objec16 tives.

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

18 the Initiative for Proliferation Prevention program,

19 including for each such project the name of the in20 stitute and scientists who are participating or have

21 participated in the project, the number of jobs cre22 ated through the project, and the manner in which

23 the project has met the nonproliferation objectives of

24 the United States.
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1 (C) A list of the institutes and scientists associ2 ated with weapons of mass destruction programs or

3 other defense-related programs in the states of the

4 former Soviet Union that the Department seeks to

5 engage in commercial work under the Initiative for

6 Proliferation Prevention program or the Nuclear

7 Cities Initiative, including—

8 (i) a description of the work performed by

9 such institutes and scientists under such weap10 ons of mass destruction programs or other de11 fense-related programs; and

12 (ii) a description of any work proposed to

13 be performed by such institutes and scientists

14 under the Initiative for Proliferation Prevention

15 program or the Nuclear Cities Initiative.

16 (d) NUCLEAR CITIES INITIATIVE DEFINED.—For

17 purposes of this section, the term ‘‘Nuclear Cities Initia18 tive’’ means the initiative arising pursuant to the March

19 1998 discussions between the Vice President of the United

20 States and the Prime Minister of the Russian Federation

21 and between the Secretary of Energy of the United States

22 and the Minister of Atomic Energy of the Russian Federa23 tion.
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1 Subtitle D—Safeguards, Security,

2 and Counterintelligence at De3 partment of Energy Facilities

4 SEC. 3151. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Department of En6 ergy Facilities Safeguards, Security, and Counterintel7 ligence Enhancement Act of 1999’’.

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

9 COUNTERINTELLIGENCE AT DEPARTMENT

10 OF ENERGY FACILITIES.

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

12 commission to be known as the ‘‘Commission on Safe13 guards, Security, and Counterintelligence at Department

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

15 ‘‘Commission’’).

16 (b) ORGANIZATIONAL MATTERS.—(1) The Commis17 sion shall be composed of nine members appointed from

18 among individuals in the public and private sectors who

19 have significant experience in matters related to the secu20 rity of nuclear weapons and materials, the classification

21 of information, or counterintelligence matters, as follows:

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

23 the Committee on Armed Services of the Senate, in

24 consultation with the ranking member of that Com25 mittee.
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1 (B) One shall be appointed by the ranking

2 member of the Committee on Armed Services of the

3 Senate, in consultation with the Chairman of that

4 Committee.

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

6 the Committee on Armed Services of the House of

7 Representatives, in consultation with the ranking

8 member of that Committee.

9 (D) One shall be appointed by the ranking

10 member of the Committee on Armed Services of the

11 House of Representatives, in consultation with the

12 Chairman of that Committee.

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

14 Defense.

15 (F) One shall be appointed by the Director of

16 the Federal Bureau of Investigation.

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

18 Central Intelligence.

19 (2) Members of the Commission shall be appointed

20 for four year terms, except as follows:

21 (A) One member initially appointed under para22 graph (1)(A) shall serve a term of two years.

23 (B) One member initially appointed under para24 graph (1)(C) shall serve a term of two years.
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1 (C) The member initially appointed under para2 graph (1)(E) shall serve a term of two years.

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

4 the same manner as the original appointment and shall

5 not affect the powers of the Commission.

6 (4)(A) After five members of the Commission have

7 been appointed under paragraph (1), the Chairman of the

8 Committee on Armed Services of the Senate, in consulta9 tion with the Chairman of the Committee on Armed Serv10 ices of the House of Representatives, shall designate the

11 chairman of the Commission from among the members ap12 pointed under paragraph (1)(A).

13 (B) The chairman of the Commission may be des14 ignated once five members of the Commission have been

15 appointed under paragraph (1).

16 (5) The members of the Commission shall be ap17 pointed not later than 60 days after the date of the enact18 ment of this Act.

19 (6) The members of the Commission shall establish

20 procedures for the activities of the Commission, including

21 procedures for calling meetings, requirements for

22 quorums, and the manner of taking votes.

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

24 once every three months.
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1 (8) The Commission may commence its activities

2 under this section upon the designation of the chairman

3 of the Commission under paragraph (4).

4 (c) DUTIES.—(1) The Commission shall, in accord5 ance with this section, review the safeguards, security, and

6 counterintelligence activities (including activities relating

7 to information management, computer security, and per8 sonnel security) at Department of Energy facilities to—

9 (A) determine the adequacy of those activities

10 to ensure the security of sensitive information, proc11 esses, and activities under the jurisdiction of the De12 partment against threats to the disclosure of such

13 information, processes, and activities; and

14 (B) make recommendations for actions the

15 Commission determines as being necessary to ensure

16 that such security is achieved and maintained.

17 (2) The activities of the Commission under paragraph

18 (1) shall include the following:

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

20 Threat Basis documents as a basis for the allocation

21 of resources for safeguards, security, and counter22 intelligence activities at the Department facilities in

23 light of applicable guidance with respect to such ac24 tivities, including applicable laws, Department of
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1 Energy orders, Presidential Decision Directives, and

2 Executive Orders.

3 (B) Visits to Department facilities to assess the

4 adequacy of the safeguards, security, and counter5 intelligence activities at such facilities.

6 (C) Evaluations of specific concerns set forth in

7 Department reports regarding the status of safe8 guards, security, or counterintelligence activities at

9 particular Department facilities or at facilities

10 throughout the Department.

11 (D) Reviews of relevant laws, Department or12 ders, and other requirements relating to safeguards,

13 security, and counterintelligence activities at Depart14 ment facilities.

15 (E) Any other activities relating to safeguards,

16 security, and counterintelligence activities at Depart17 ment facilities that the Secretary of Energy con18 siders appropriate.

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

20 year, the Commission shall submit to the Secretary of En21 ergy and to the congressional defense committees a report

22 on the activities of the Commission during the preceding

23 year. The report shall be submitted in unclassified form,

24 but may include a classified annex.

25 (2) Each report—
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1 (A) shall describe the activities of the Commis2 sion during the year covered by the report;

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

4 safeguards, security, or counterintelligence activities

5 at Department of Energy facilities that the Commis6 sion considers appropriate in light of such activities;

7 and

8 (C) may include any other recommendations for

9 legislation or administrative action that the Commis10 sion considers appropriate.

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

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

13 Federal Government shall be compensated at a rate equal

14 to the daily equivalent of the annual rate of basic pay pre15 scribed for level V of the Executive Schedule under section

16 5316 of title 5, United States Code, for each day (includ17 ing travel time) during which such member is engaged in

18 the performance of the duties of the Commission.

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

20 or employees of the United States shall serve without com21 pensation in addition to that received for their services as

22 officers or employees of the United States.

23 (2) The members of the Commission shall be allowed

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

25 at rates authorized for employees of agencies under sub-
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1 chapter I of chapter 57 of title 5, United States Code,

2 while away from their homes or regular places of business

3 in the performance of services for the Commission.

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

5 civil service laws and regulations, appoint and terminate

6 such personnel as may be necessary to enable the Commis7 sion to perform its duties.

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

9 personnel of the Commission without regard to the provi10 sions of chapter 51 and subchapter III of chapter 53 of

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

12 positions and General Schedule pay rates.

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

14 be detailed to the Commission without reimbursement,

15 and such detail shall be without interruption or loss of

16 civil service status or privilege.

17 (5) The members and employees of the Commission

18 shall hold security clearances appropriate for the matters

19 considered by the Commission in the discharge of its du20 ties under this section.

21 (f) APPLICABILITY OF FACA.—The provisions of the

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

23 apply to the activities of the Commission.

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

25 appropriated by sections 3101 and 3103, the Secretary of
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1 Energy shall make available to the Commission not more

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

3 under this section.

4 (2) Amounts made available to the Commission under

5 this subsection shall remain available until expended.

6 (h) TERMINATION OF DEPARTMENT OF ENERGY SE7 CURITY MANAGEMENT BOARD.—(1) Section 3161 of the

8 National Defense Authorization Act for Fiscal Year 1998

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

10 note) is repealed.

11 (2) Section 3162 of the National Defense Authoriza12 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

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

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

15 (B) by striking subsection (b).

16 SEC. 3153. BACKGROUND INVESTIGATIONS OF CERTAIN

17 PERSONNEL AT DEPARTMENT OF ENERGY

18 FACILITIES.

19 (a) IN GENERAL.—The Secretary of Energy shall en20 sure that an investigation meeting the requirements of

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

22 2165) is made for each Department of Energy employee,

23 or contractor employee, at a Department of Energy facil24 ity who—
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1 (1) carries out duties or responsibilities in or

2 around a location where Restricted Data is or may

3 be present; or

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

5 where Restricted Data is present.

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

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

8 requirement in subsection (a).

9 SEC. 3154. PLAN FOR POLYGRAPH EXAMINATIONS OF CER10 TAIN PERSONNEL AT DEPARTMENT OF EN11 ERGY FACILITIES.

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

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

14 shall submit to the congressional defense committees a

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

16 personnel assurance programs, periodic polygraph exami17 nations of each Department of Energy employee, or con18 tractor employee, at a Department of Energy facility who

19 has or may have access to Restricted Data or Sensitive

20 Compartmented Information. The purpose of the examina21 tions is to minimize the potential for release or disclosure

22 of such data or information by such employees.

23 (2) The plan shall include recommendations for any

24 legislative action necessary to implement the plan.
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1 (b) LIMITATION ON USE OF FUNDS PENDING SUB2 MITTAL OF PLAN.—Not more than 50 percent of the

3 amounts authorized to be appropriated or otherwise made

4 available for the Department of Energy for fiscal year

5 2000 for travel expenses may be obligated or expended

6 until the date of the submittal of the plan required by sub7 section (a).

8 SEC. 3155. CIVIL MONETARY PENALTIES FOR VIOLATIONS

9 OF DEPARTMENT OF ENERGY REGULATIONS

10 RELATING TO THE SAFEGUARDING AND SE11 CURITY OF RESTRICTED DATA.

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

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

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

15 ‘‘SEC. 234B. CIVIL MONETARY PENALTIES FOR VIO16 LATIONS OF DEPARTMENT OF ENERGY REGULATIONS

17 REGARDING SECURITY OF CLASSIFIED OR SENSITIVE IN18 FORMATION OR DATA.—

19 ‘‘a. Any person who has entered into a contract or

20 agreement with the Department of Energy, or a sub21 contract or subagreement thereto, and who violates (or

22 whose employee violates) any applicable rule, regulation,

23 or order prescribed or otherwise issued by the Secretary

24 pursuant to this Act relating to the safeguarding or secu25 rity of Restricted Data or other classified or sensitive in-
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1 formation shall be subject to a civil penalty of not to ex2 ceed $100,000 for each such violation.

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

4 a contractor of the Department provisions which provide

5 an appropriate reduction in the fees or amounts paid to

6 the contractor under the contract in the event of a viola7 tion by the contractor or contractor employee of any rule,

8 regulation, or order relating to the safeguarding or secu9 rity of Restricted Data or other classified or sensitive in10 formation. The provisions shall specify various degrees of

11 violations and the amount of the reduction attributable to

12 each degree of violation.

13 ‘‘c. The powers and limitations applicable to the as14 sessment of civil penalties under section 234A shall apply

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

16 (b) CLARIFYING AMENDMENT.—The section heading

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

18 by inserting ‘‘SAFETY’’ before ‘‘REGULATIONS’’.

19 (c) CLERICAL AMENDMENT.—The table of sections

20 for that Act is amended by inserting after the item relat21 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.’’.
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1 SEC. 3156. MORATORIUM ON LABORATORY-TO-LABORA2 TORY AND FOREIGN VISITORS AND ASSIGN3 MENTS PROGRAMS.

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

5 the Director of Central Intelligence, and the Director of

6 the Federal Bureau of Investigation shall jointly submit

7 to the committees referred to in paragraph (3) a certifi8 cation that each program referred to in paragraph (2)

9 meets the following conditions:

10 (A) That the program complies with applicable

11 orders, regulations, and policies of the Department

12 of Energy relating to the safeguarding and security

13 of sensitive information and fulfills any counterintel14 ligence requirements arising under such orders, reg15 ulations, and policies.

16 (B) That the program complies with Presi17 dential Decision Directives and similar requirements

18 relating to the safeguarding and security of sensitive

19 information and fulfills any counterintelligence re20 quirements arising under such Directives or require21 ments.

22 (C) That the program includes adequate protec23 tions against the inadvertent release of Restricted

24 Data, information important to the national security

25 of the United States, and any other sensitive infor-
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1 mation the disclosure of which might harm the inter2 ests of the United States.

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

4 risk to the national security interests of the United

5 States.

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

7 program as follows:

8 (A) A cooperative program carried out between

9 the Department of Energy and the People’s Repub10 lic of China.

11 (B) A cooperative program carried out between

12 the Department of Energy and an independent state

13 of the former Soviet Union.

14 (C) A cooperative program carried out between

15 the Department of Energy and any nation des16 ignated as sensitive by the Secretary of State.

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

18 the following:

19 (A) The Committees on Armed Services and

20 Appropriations and the Select Committee on Intel21 ligence of the Senate.

22 (B) The Committees on Armed Services and

23 Appropriations and the Permanent Select Committee

24 on Intelligence of the House of Representatives.
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1 (b) LIMITATION ON USE OF FUNDS PENDING CER2 TIFICATION.—(1) Except as provided in paragraph (2), no

3 amounts authorized to be appropriated by section 3101

4 or 3103 or otherwise made available to the Department

5 of Energy for fiscal year 2000 may be obligated or ex6 pended to conduct a program referred to in subsection

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

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

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

10 days after the date on which the Director of Central Intel11 ligence submits to the committees referred to in subsection

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

13 The certification shall be submitted in unclassified form,

14 but may include a classified annex.

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

16 (1) for the obligation and expenditure of funds for a pro17 gram referred to in subsection (a)(2) shall not apply if

18 the certification with respect to the program under sub19 section (a)(1) is submitted during the 45-day period begin20 ning on the date of the enactment of this Act.

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

22 (i) to the obligation or expenditure of funds au23 thorized to be appropriated by title III for activities

24 relating to cooperative threat reduction with states

25 of the former Soviet Union; or
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1 (ii) to the obligation or expenditure of funds au2 thorized to be appropriated by section

3 3103(a)(1)(A)(ii) for the materials protection control

4 and accounting program of the Department.

5 SEC. 3157. INCREASED PENALTIES FOR MISUSE OF RE6 STRICTED DATA.

7 (a) COMMUNICATION OF RESTRICTED DATA.—Sec8 tion 224 of the Atomic Energy Act of 1954 (42 U.S.C.

9 2274) is amended—

10 (1) in clause a., by striking ‘‘$20,000’’ and in11 serting ‘‘$40,000’’; and

12 (2) in clause b., by striking ‘‘$10,000’’ and in13 serting ‘‘$20,000’’.

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

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

16 amended by striking ‘‘$20,000’’ and inserting ‘‘$40,000’’.

17 (c) DISCLOSURE OF RESTRICTED DATA.—Section

18 227 of the Atomic Energy Act of 1954 (42 U.S.C. 2277)

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

20 SEC. 3158. ORGANIZATION OF DEPARTMENT OF ENERGY

21 COUNTERINTELLIGENCE AND INTELLIGENCE

22 PROGRAMS AND ACTIVITIES.

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

24 the Department of Energy Organization Act (42 U.S.C.
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1 7131 et seq.) is amended by adding at the end the fol2 lowing:

3 ‘‘OFFICE OF COUNTERINTELLIGENCE

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

5 Office of Counterintelligence.

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

7 of the Office of Counterintelligence.

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

9 Director of the Federal Bureau of Investigation, designate

10 the head of the office from among senior executive service

11 employees of the Federal Bureau of Investigation who

12 have expertise in matters relating to counterintelligence.

13 ‘‘(3) The Director of the Federal Bureau of Inves14 tigation may detail, on a reimbursable basis, any employee

15 of the Bureau to the Department for service as Director

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

17 as Director of the Office shall not result in any loss of

18 status, right, or privilege by the employee within the Bu19 reau.

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

21 to the Secretary.

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

23 ensure the implementation of security and counterintel24 ligence programs and activities at Department facilities in

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

26 and other sensitive information at such facilities.
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1 ‘‘(2) The Director of the Office shall be responsible

2 for the administration of the personnel assurance pro3 grams of the Department.

4 ‘‘(3) The Director shall inform the Secretary, the Di5 rector of Central Intelligence, and the Director of the Fed6 eral Bureau of Investigation on a regular basis, and upon

7 specific request by any such official, regarding the status

8 and effectiveness of the security and counterintelligence

9 programs and activities at Department facilities.

10 ‘‘(d)(1) Not later than March 1 each year, the Direc11 tor of the Office shall submit to the Secretary, the Direc12 tor of Central Intelligence, and the Director of the Federal

13 Bureau of Investigation and to the Committees on Armed

14 Services of the Senate and House of Representatives a re15 port on the status and effectiveness of the security and

16 counterintelligence programs and activities at Department

17 facilities during the preceding year.

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

19 by the report the following:

20 ‘‘(A) A description of the status and effective21 ness of the security and counterintelligence pro22 grams and activities at Department facilities.

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

24 other requirement relating to intelligence, counter25 intelligence, or security at such facilities, including—
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1 ‘‘(i) the number of violations that were in2 vestigated; and

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

4 unresolved.

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

6 visitors to Department facilities, including the loca7 tions of the visits of such visitors.

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

9 the committees referred to in paragraph (1) shall be sub10 mitted in unclassified form, but may include a classified

11 annex.’’.

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

13 amended by adding at the end the following:

14 ‘‘OFFICE OF INTELLIGENCE

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

16 Office of Intelligence.

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

18 of the Office of Intelligence.

19 ‘‘(2) The Director of the Office shall be a senior exec20 utive service employee of the Department.

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

22 to the Secretary.

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

24 for the programs and activities of the Department relating

25 to the analysis of intelligence with respect to nuclear weap-
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1 ons and materials, other nuclear matters, and energy secu2 rity.’’.

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

4 for that Act is amended by inserting after the item relat5 ing to section 212 the following items:

‘‘213. Office of Counterintelligence.

‘‘214. Office of Intelligence.’’.

6 SEC. 3159. COUNTERINTELLIGENCE ACTIVITIES AT CER7 TAIN DEPARTMENT OF ENERGY FACILITIES.

8 (a) ASSIGNMENT OF COUNTERINTELLIGENCE PER9 SONNEL.—(1) The Secretary of Energy shall assign to

10 each Department of Energy facility at which Restricted

11 Data is located an individual who shall assess security and

12 counterintelligence matters at that facility.

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

14 subsection shall be stationed at the facility.

15 (b) SUPERVISION.—Each individual assigned under

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

17 Office of Counterintelligence of the Department of En18 ergy.

19 SEC. 3160. WHISTLEBLOWER PROTECTION.

20 (a) PROGRAM.—The Secretary of Energy shall estab21 lish a program to ensure that an employee of the Depart22 ment of Energy, or a contractor employee, may not be dis23 charged, demoted, or otherwise discriminated against as

24 a reprisal for disclosing to a person or entity referred to
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1 in subsection (b) information relating to the protection of

2 classified information which the employee or contractor

3 employee reasonably believes to provide direct and specific

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

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

6 entity referred to in this subsection is the following:

7 (1) A Member of a committee of Congress hav8 ing primary responsibility for oversight of the de9 partment, agency, or element of the Federal Govern10 ment to which the disclosed information relates.

11 (2) An employee of Congress who—

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

13 Congress having primary responsibility for over14 sight of the department, agency, or element of

15 the Federal Government to which the disclosed

16 information relates; and

17 (B) has an appropriate security clearance

18 for access to the information.

19 (3) The Inspector General of the Department of

20 Energy.

21 (4) The Federal Bureau of Investigation.

22 (5) Any other element of the Federal Govern23 ment designated by the Secretary as authorized to

24 receive information of the type disclosed.
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1 (c) COVERED VIOLATIONS.—A violation referred to

2 in subsection (a) is—

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

4 (2) gross mismanagement, a gross waste of

5 funds, or abuse of authority; or

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

7 of material fact.

8 SEC. 3161. INVESTIGATION AND REMEDIATION OF AL9 LEGED REPRISALS FOR DISCLOSURE OF CER10 TAIN INFORMATION TO CONGRESS.

11 (a) SUBMITTAL OF ALLEGATIONS TO INSPECTOR

12 GENERAL.—A Department of Energy employee or con13 tractor employee who believes that the employee has been

14 discharged, demoted, or otherwise discriminated against

15 as a reprisal for disclosing information referred to in sub16 section (a) of section 3160 in accordance with the provi17 sions of that section may submit a complaint relating to

18 such action to the Inspector General of the Department

19 of Energy.

20 (b) INVESTIGATION.—(1) For each complaint sub21 mitted under subsection (a), the Inspector General shall—

22 (A) determine whether or not the complaint is

23 frivolous; and
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1 (B) if the Inspector General determines the

2 complaint is not frivolous, conduct an investigation

3 of the complaint.

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

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

6 to—

7 (A) the employee who submitted the complaint

8 on which the investigation is based;

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

10 (C) the Secretary of Energy.

11 (c) REMEDIAL ACTIONS.—(1) If the Secretary deter12 mines that an employee has been subjected to an adverse

13 personnel action referred to in subsection (a) in contraven14 tion of the provisions of section 3160(a), the Secretary

15 shall—

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

17 appropriate actions to abate the action; or

18 (B) in the case of a contractor employee, order

19 the contractor concerned to take appropriate actions

20 to abate the action.

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

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

23 action for enforcement of the order in the appropriate

24 United States district court.
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1 (B) In any action brought under subparagraph (A),

2 the court may grant appropriate relief, including injunc3 tive relief and compensatory and exemplary damages.

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

5 days after the commencement of each fiscal quarter, the

6 Inspector General shall submit to the congressional de7 fense committees a report on the investigations under8 taken under subsection (b)(1)(B) during the preceding fis9 cal quarter, including a summary of the results of such

10 investigations.

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

12 or otherwise provide any information on a person submit13 ting a complaint under this section without the consent

14 of the person.

15 SEC. 3162. NOTIFICATION TO CONGRESS OF CERTAIN SECU16 RITY AND COUNTERINTELLIGENCE FAIL17 URES AT DEPARTMENT OF ENERGY FACILI18 TIES.

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

20 consultation with the Director of Central Intelligence and

21 the Director of the Federal Bureau of Investigation, as

22 appropriate, shall submit to the congressional defense

23 committees a notification of each serious security or coun24 terintelligence failure at a Department of Energy facility

25 that the Secretary considers likely to cause significant
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1 harm or damage to the national security interests of the

2 United States.

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

4 under subsection (a) for a failure covered by that sub5 section not later than 30 days after learning of the failure.

6 (c) PROCEDURES.—The Secretary and the congres7 sional defense committees shall each establish such proce8 dures as may be necessary to carry out the provisions of

9 this title.

10 (d) PROTECTION OF CLASSIFIED AND OTHER SEN11 SITIVE INFORMATION.—(1) The House of Representatives

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

13 of such House, procedures to protect from unauthorized

14 disclosure classified information, all information relating

15 to intelligence sources and methods, and sensitive law en16 forcement information that is furnished to the congres17 sional defense committees pursuant to this section.

18 (2) Such procedures shall be established in consulta19 tion with the Secretary of Energy, the Director of Central

20 Intelligence, and the Director of the Federal Bureau of

21 Investigation.

22 (e) SAVINGS PROVISIONS.—(1) Nothing in this sec23 tion shall be construed as authority to withhold informa24 tion from the congressional defense committees on the

25 grounds that providing the information to such commit-
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1 tees would constitute the unauthorized disclosure of classi2 fied information, information relating to intelligence

3 sources or methods, or sensitive law enforcement informa4 tion.

5 (2) Nothing in this section shall be construed to mod6 ify or supersede any other requirement to report informa7 tion on intelligence activities to Congress, including the

8 requirement under section 501 of the National Security

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

10 that the intelligence committees are kept fully and cur11 rently informed of the intelligence activities of the United

12 States and for the intelligence committees to notify

13 promptly other congressional committees of any matter re14 lating to intelligence activities requiring the attention of

15 such committees.

16 SEC. 3163. CONDUCT OF SECURITY CLEARANCES.

17 (a) RESPONSIBILITY OF FEDERAL BUREAU OF IN18 VESTIGATION.—Section 145 of the Atomic Energy Act of

19 1954 (42 U.S.C. 2165) is amended by striking ‘‘the Civil

20 Service Commission’’ each place it appears in subsections

21 a., b., and c. and inserting ‘‘the Federal Bureau of Inves22 tigation’’.

23 (b) CONFORMING AMENDMENTS.—That section is

24 further amended—

25 (1) by striking subsections d. and f.; and
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1 (2) by redesignating subsections e., g., and h.

2 as subsections d., e., and f., respectively; and

3 (3) in subsection d., as so redesignated, by

4 striking ‘‘determine that investigations’’ and all that

5 follows and inserting ‘‘require that investigations be

6 conducted by the Federal Bureau of Investigation of

7 any group or class covered by subsections a., b., and

8 c. of this section.’’.

9 (c) COMPLIANCE.—The Director of the Federal Bu10 reau of Investigation shall have one year from the date

11 of the enactment of this Act to meet the responsibilities

12 of the Bureau under section 145 of the Atomic Energy

13 Act of 1954, as amended by this section.

14 (d) REPORT.—Not later than 6 months after the date

15 of the enactment of this Act, the Director of the Federal

16 Bureau of Investigation shall submit to the congressional

17 defense committees, the Select Committee on Intelligence

18 of the Senate, and the Permanent Select Committee on

19 Intelligence of the House of Representatives a report on

20 the implementation of the responsibilities of the Bureau

21 under section 145 of the Atomic Energy Act of 1954, as

22 so amended.

23 (e) TECHNICAL AMENDMENT.—Subsection f. of that

24 section, as so redesignated, is amended by striking ‘‘sec25 tion 145 b.’’ and inserting ‘‘subsection b. of this section’’.
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1 SEC. 3164. PROTECTION OF CLASSIFIED INFORMATION

2 DURING LABORATORY-TO-LABORATORY EX3 CHANGES.

4 (a) PROVISION OF TRAINING.—The Secretary of En5 ergy shall ensure that all Department of Energy employ6 ees and Department of Energy contractor employees par7 ticipating in laboratory-to-laboratory cooperative exchange

8 activities are fully trained in matters relating to the pro9 tection of classified information and to potential espionage

10 and counterintelligence threats.

11 (b) COUNTERING OF ESPIONAGE AND INTEL12 LIGENCE-GATHERING ABROAD.—(1) The Secretary shall

13 establish a pool of Department employees and Department

14 contractor employees who are specially trained to counter

15 threats of espionage and intelligence-gathering by foreign

16 nationals against Department employees and Department

17 contractor employees who travel abroad for laboratory-to18 laboratory exchange activities or other cooperative ex19 change activities on behalf of the Department.

20 (2) The Director of Counterintelligence of the De21 partment of Energy may assign at least one employee

22 from the pool established under paragraph (1) to accom23 pany a group of Department employees or Department

24 contractor employees who travel to any nation designated

25 to be a sensitive country for laboratory-to-laboratory ex-
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1 change activities or other cooperative exchange activities

2 on behalf of the Department.

3 SEC. 3165. DEFINITION.

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

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

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

7 Subtitle E—Other Matters

8 SEC. 3171. MAINTENANCE OF NUCLEAR WEAPONS EXPER9 TISE IN THE DEPARTMENT OF DEFENSE AND

10 DEPARTMENT OF ENERGY.

11 (a) ADMINISTRATION OF JOINT NUCLEAR WEAPONS

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

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

14 following new paragraph:

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

16 every three months.’’.

17 (2) Subsection (c) of that section is amended by add18 ing at the end the following new paragraph:

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

20 Defense for Nuclear and Chemical and Biological Defense

21 Programs remains vacant for a period of more than 9

22 months, the Secretary of Energy shall appoint a qualified

23 individual to serve as acting staff director of the Council

24 until the position of Assistant to the Secretary of Defense
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1 for Nuclear and Chemical and Biological Defense Pro2 grams is filled.’’.

3 (b) REVITALIZATION OF JOINT NUCLEAR WEAPONS

4 COUNCIL.—(1) The Secretary of Defense and the Sec5 retary of Energy shall jointly prepare and submit to the

6 Committees on Armed Services of the Senate and the

7 House of Representatives a plan to revitalize the Joint

8 Nuclear Weapons Council established by section 179 of

9 title 10, United States Code.

10 (2) The plan shall include any proposed modification

11 to the membership or responsibilities of the Council that

12 the Secretaries jointly determine advisable to enhance the

13 capability of the Council to ensure the integration of De14 partment of Defense requirements for nuclear weapons

15 into the programs and budget processes of the Depart16 ment of Energy.

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

18 Secretary of Defense, shall, after consultation with the

19 Secretary of Energy, submit to the Committees on Armed

20 Services of the Senate and the House of Representatives

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

22 Nuclear Weapons Council. Each report shall include the

23 following:

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

25 during the 12-month period ending on the date of
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1 the report together with any assessments or studies

2 conducted by the Council during that period.

3 (2) A description of the highest priority require4 ments of the Department of Defense with respect to

5 the Department of Energy stockpile stewardship and

6 management program as of that date.

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

8 requirements referred to in paragraph (2) are being

9 addressed by the Department of Energy as of that

10 date.

11 (d) NUCLEAR MISSION MANAGEMENT PLAN.—The

12 Secretary of Defense shall develop and implement a plan

13 to ensure the continued reliability of the capability of the

14 Department of Defense to carry out its nuclear deterrent

15 mission. The plan shall—

16 (1) articulate the current policy of the United

17 States on the role of nuclear weapons and nuclear

18 deterrence in the conduct of defense and foreign re19 lations matters;

20 (2) establish stockpile viability and capability

21 requirements with respect to that mission, including

22 the number and variety of warheads required;

23 (3) establish requirements relating to the con24 tractor industrial base, support infrastructure, and
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1 surveillance, testing, assessment, and certification of

2 nuclear weapons necessary to support that mission;

3 (4) take into account requirements for the crit4 ical skills, readiness, training, exercise, and testing

5 of personnel necessary to meet that mission; and

6 (5) take into account the relevant programs and

7 plans of the military departments and the defense

8 agencies with respect to readiness, sustainment (in9 cluding research and development), and moderniza10 tion of the strategic deterrent forces.

11 (e) NUCLEAR EXPERTISE RETENTION MEASURES.—

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

13 shall jointly submit to the committees referred to in sub14 section (c) a plan setting forth the actions that the Secre15 taries consider necessary to retain core scientific, engi16 neering, and technical skills and capabilities within the

17 Department of Energy, the Department of Defense, and

18 their contractors in order to maintain the United States

19 nuclear deterrent force indefinitely.

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

21 (A) A baseline of current skills and capabilities

22 by location.

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

24 are at risk of being lost within the next ten years.
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1 (C) A proposal for recruitment and retention

2 measures to address the loss of such skills or capa3 bilities.

4 (D) A proposal for the training and evaluation

5 of personnel with core scientific, engineering, and

6 technical skills and capabilities.

7 (E) A statement of the additional advanced

8 manufacturing programs and process engineering

9 programs that are required to maintain the nuclear

10 deterrent force indefinitely.

11 (F) An assessment of the desirability of estab12 lishing a nuclear weapons workforce reserve to en13 sure the availability of the skills and capabilities of

14 present and former employees of the Department in

15 the event of an urgent future need for such skills

16 and capabilities.

17 (f) REPORTS ON CRITICAL DIFFICULTIES AT NU18 CLEAR WEAPONS LABORATORIES.—Section 3159 of the

19 National Defense Authorization Act for Fiscal Year 1997

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

21 is amended—

22 (1) by redesignating subsection (d) as sub23 section (e); and

24 (2) by inserting after subsection (c) the fol25 lowing new subsection (d):
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1 ‘‘(d) INCLUSION OF REPORTS IN ANNUAL STOCKPILE

2 CERTIFICATION.—Any report submitted pursuant to sub3 section (a) shall also be included with the decision docu4 ments that accompany the annual certification of the safe5 ty and reliability of the United States nuclear weapons

6 stockpile which is provided to the President for the year

7 in which such report is submitted.’’.

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

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

10 Committee on Armed Services’’ and all that follows

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

12 Committees on Armed Services and Appropriations of the

13 Senate and the Committees on Armed Services and Appro14 priations of the House of Representatives’’.

15 SEC. 3172. MODIFICATION OF BUDGET AND PLANNING RE16 QUIREMENTS FOR DEPARTMENT OF ENERGY

17 NATIONAL SECURITY ACTIVITIES.

18 (a) ENHANCEMENT OF ANNUAL FIVE-YEAR BUDG19 ET.—(1) Section 3155 of the National Defense Authoriza20 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

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

22 (A) by redesignating subsection (b) as sub23 section (c);

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

25 following new subsections:
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1 ‘‘(a) REQUIREMENT.—The Secretary of Energy shall

2 prepare for each fiscal year after fiscal year 2000 a pro3 gram and budget plan for the national security programs

4 of the Department of Energy for the five-fiscal year period

5 beginning in the year the program and budget plan is pre6 pared.

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

8 shall contain the following:

9 ‘‘(1) The estimated expenditures and proposed

10 appropriations necessary to support the programs,

11 projects, and activities of the national security pro12 grams of the Department during the five-fiscal year

13 period covered by the program and budget plan, ex14 pressed in a level of detail comparable to that con15 tained in the budget submitted by the President to

16 Congress under section 1105 of title 31, United

17 States Code.

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

19 requirements for each Department site during that

20 five-fiscal year period.’’; and

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

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

23 program and budget plan required’’.
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1 (2) The section heading of such section is amended

2 by striking ‘‘FIVE-YEAR BUDGET’’ and inserting ‘‘FIVE3 FISCAL YEAR PROGRAM AND BUDGET PLAN’’.

4 (b) ADDITIONAL REQUIREMENTS FOR WEAPONS AC5 TIVITIES BUDGETS.—Section 3156 of the National De6 fense Authorization Act for Fiscal Year 1997 (Public Law

7 104–201; 110 Stat. 2841; 42 U.S.C. 7271c) is amended—

8 (1) by redesignating subsection (c) as sub9 section (d); and

10 (2) by inserting after subsection (b) the fol11 lowing new subsection (c):

12 ‘‘(c) IMPACT OF BUDGET ON STOCKPILE.—The Sec13 retary shall include in the materials the Secretary submits

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

15 after fiscal year 2000 that is submitted by the President

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

17 a description of how the funds identified for each program

18 element in the weapons activities budget of the Depart19 ment for such fiscal year will help ensure that the nuclear

20 weapons stockpile is safe and reliable as determined in ac21 cordance with the criteria established under 3158 of the

22 National Defense Authorization Act for Fiscal Year 1999

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

24 note).’’.
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1 SEC. 3173. EXTENSION OF AUTHORITY OF DEPARTMENT OF

2 ENERGY TO PAY VOLUNTARY SEPARATION

3 INCENTIVE PAYMENTS.

4 (a) EXTENSION.—Notwithstanding subsection

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

6 and General Government Appropriations Act, 1997 (Pub7 lic Law 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597

8 note), the Department of Energy may pay voluntary sepa9 ration incentive payments to qualifying employees who vol10 untarily separate (whether by retirement or resignation)

11 before January 1, 2003.

12 (b) EXERCISE OF AUTHORITY.—The Department

13 shall pay voluntary separation incentive payments under

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

15 section 663.

16 SEC. 3174. INTEGRATED FISSILE MATERIALS MANAGEMENT

17 PLAN.

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

19 long-term plan for the integrated management of fissile

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

21 (1) identify means of consolidating or inte22 grating the responsibilities of the Office of Environ23 mental Management, the Office of Fissile Materials

24 Disposition, the Office of Nuclear Energy, and the

25 Office of Defense Programs for the treatment, stor26 age and disposition of fissile materials, and for the
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1 waste streams containing fissile materials, in order

2 to achieve budgetary and other efficiencies in the

3 discharge of those responsibilities; and

4 (2) identify any expenditures necessary at the

5 sites that are anticipated to have an enduring mis6 sion for plutonium management in order to achieve

7 the integrated management of fissile materials by

8 the Department.

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

10 submit the plan required by subsection (a) to the congres11 sional defense committees not later than February 1,

12 2000.

13 SEC. 3175. USE OF AMOUNTS FOR AWARD FEES FOR DE14 PARTMENT OF ENERGY CLOSURE PROJECTS

15 FOR ADDITIONAL CLEANUP PROJECTS AT

16 CLOSURE PROJECT SITES.

17 (a) AUTHORITY TO USE AMOUNTS.—The Secretary

18 of Energy may use an amount authorized to be appro19 priated for the payment of award fees for a Department

20 of Energy closure project for purposes of conducting addi21 tional cleanup activities at the closure project site if the

22 Secretary—

23 (1) anticipates that such amount will not be ob24 ligated for payment of award fees in the fiscal year
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1 in which such amount is authorized to be appro2 priated; and

3 (2) determines the use will not result in a defer4 ral of the payment of the award fees for more than

5 12 months.

6 (b) REPORT ON USE OF AUTHORITY.—Not later than

7 30 days after each exercise of the authority in subsection

8 (a), the Secretary shall submit to the congressional de9 fense committees a report the exercise of the authority.

10 SEC. 3176. PILOT PROGRAM FOR PROJECT MANAGEMENT

11 OVERSIGHT REGARDING DEPARTMENT OF

12 ENERGY CONSTRUCTION PROJECTS.

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

14 shall carry out a pilot program on use of project manage15 ment oversight (PMO) services for Department of Energy

16 construction projects.

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

18 a basis for determining whether or not the use of competi19 tively procured, external project management oversight

20 services on construction projects would permit the Depart21 ment to control excessive costs and schedule delays associ22 ated with Department construction projects having large

23 capital costs.

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

25 to paragraph (2), the Secretary shall carry out the pilot
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1 program at construction projects selected by the Sec2 retary. The projects shall include one or more construction

3 projects authorized pursuant to section 3101 and one con4 struction project authorized pursuant to section 3102.

5 (2) The Secretary shall select projects that have cap6 ital construction costs anticipated to be not less than

7 $25,000,000.

8 (c) SERVICES UNDER PROGRAM.—The project man9 agement oversight services utilized under the pilot pro10 gram shall include the following services:

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

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

13 schedule.

14 (3) Determining whether or not a project is

15 within budget.

16 (4) Determining whether or not a project con17 forms with plans and specifications approved by the

18 Department.

19 (5) Determining whether or not a project is

20 being carried out efficiently and effectively.

21 (6) Any other management oversight services

22 that the Secretary considers appropriate for pur23 poses of the pilot program.
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1 (d) PROCUREMENT OF SERVICES UNDER PRO2 GRAM.—Any services procured under the pilot program

3 shall be acquired—

4 (1) on a competitive basis; and

5 (2) from among commercial entities that—

6 (A) do not currently manage or operate fa7 cilities at a location where the pilot program is

8 being conducted; and

9 (B) have an expertise in the management

10 of large construction projects.

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

12 Secretary shall submit to the Committees on Armed Serv13 ices of the Senate and the House of Representatives a re14 port on pilot program. The report shall include the Sec15 retary’s assessment of the feasibility and desirability of

16 utilizing project management oversight services for De17 partment of Energy construction projects.

18 SEC. 3177. EXTENSION OF REVIEW OF WASTE ISOLATION

19 PILOT PLANT, NEW MEXICO.

20 Section 1433(a) of the National Defense Authoriza21 tion Act, Fiscal Year 1989 (Public Law 100–456; 102

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

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

24 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 PLANT, 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 Plant, 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 Plant; 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 Plant.

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 Plant
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1 will be removed from the Rocky Flats Plant by that

2 closure date as specified in the current 2006 Rocky

3 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 Plant will be carried out

7 on an expedited schedule, but not interfere with

8 other shipments of waste to the Waste Isolation

9 Pilot Plant that are planned as of the date of the

10 enactment of this Act.

11 SEC. 3179. COMPTROLLER GENERAL REPORT ON CLOSURE

12 OF ROCKY FLATS ENVIRONMENTAL TECH13 NOLOGY SITE, COLORADO.

14 (a) REPORT.—Not later than December 31, 2000,

15 the Comptroller General shall submit to the Committees

16 on Armed Services of the Senate and House of Represent17 atives a report assessing the progress in the closure of the

18 Rocky Flats Environmental Technology Site, Colorado.

19 (b) REPORT ELEMENTS.—The report shall address

20 the following:

21 (1) How decisions with respect to the future

22 use of the Rocky Flats Environmental Technology

23 Site effect ongoing cleanup at the site.
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1 (2) Whether the Secretary of Energy could pro2 vide flexibility to the contractor at the site in order

3 to quicken the cleanup of the site.

4 (3) Whether the Secretary could take additional

5 actions throughout the nuclear weapons complex of

6 the Department of Energy in order to quicken the

7 closure of the site.

8 (4) The developments, if any, since the April

9 1999 report of the Comptroller General that could

10 alter the pace of the closure of the site.

11 (5) The possibility of closure of the site by

12 2006.

13 (6) The actions that could be taken by the Sec14 retary or Congress to ensure that the site would be

15 closed by 2006.

16 TITLE XXXII—DEFENSE NU17 CLEAR FACILITIES SAFETY

18 BOARD

19 SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

20 There are authorized to be appropriated for fiscal

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

22 Nuclear Facilities Safety Board under chapter 21 of the

23 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
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1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

4 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis5 cal year 2000, the National Defense Stockpile Manager

6 may obligate up to $78,700,000 of the funds in the Na7 tional Defense Stockpile Transaction Fund for the author8 ized uses of such funds under section 9(b)(2) of the Stra9 tegic and Critical Materials Stock Piling Act (50 U.S.C.

10 98h(b)(2)), including the disposal of hazardous materials

11 that are environmentally sensitive.

12 (b) ADDITIONAL OBLIGATIONS.—The National De13 fense Stockpile Manager may obligate amounts in excess

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

15 Defense Stockpile Manager notifies Congress that extraor16 dinary or emergency conditions necessitate the additional

17 obligations. The National Defense Stockpile Manager may

18 make the additional obligations described in the notifica19 tion after the end of the 45-day period beginning on the

20 date on which Congress receives the notification.

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

22 section shall be subject to such limitations as may be pro23 vided in appropriations Acts.
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1 SEC. 3302. LIMITATIONS ON PREVIOUS AUTHORITY FOR

2 DISPOSAL OF STOCKPILE MATERIALS.

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

4 3303(b) of the Strom Thurmond National Defense Au5 thorization Act for Fiscal Year 1999 (Public Law 105–

6 261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended—

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

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

9 DISPOSAL AUTHORITY.—(1)’’; and

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

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

12 under this section in excess of the disposals necessary to

13 result in receipts in the amounts specified in subsection

14 (a).’’.

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

16 3305(b) of the National Defense Authorization Act for

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

18 50 U.S.C. 98d note) is amended—

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

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

21 DISPOSAL AUTHORITY.—(1)’’; and

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

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

24 this section in excess of the disposals necessary to result

25 in receipts in the amounts specified in subsection (a).’’.
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1 (c) PUBLIC LAW 104–201 AUTHORITY.—Section

2 3305(b) of the National Defense Authorization Act for

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

4 50 U.S.C. 98d note) is amended—

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

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

7 DISPOSAL AUTHORITY.—(1)’’; and

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

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

10 under this section in excess of the disposals necessary to

11 result in receipts in the amounts specified in subsection

12 (a).’’.

13 TITLE XXXIV—PANAMA CANAL

14 COMMISSION

15 SEC. 3401. SHORT TITLE.

16 This title may be cited as the ‘‘Panama Canal Com17 mission Authorization Act for Fiscal Year 2000’’.

18 SEC. 3402. AUTHORIZATION OF EXPENDITURES.

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

20 Panama Canal Commission is authorized to use amounts

21 in the Panama Canal Revolving Fund to make such ex22 penditures within the limits of funds and borrowing au23 thority available to it in accordance with law, and to make

24 such contracts and commitments, as may be necessary

25 under the Panama Canal Act of 1979 (22 U.S.C. 3601
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1 et seq.) for the operation, maintenance, improvement, and

2 administration of the Panama Canal for the period Octo3 ber 1, 1999, through noon on December 31, 1999.

4 (b) LIMITATIONS.—For the period described in sub5 section (a), the Panama Canal Commission may expend

6 from funds in the Panama Canal Revolving Fund not

7 more than $25,000 for official reception and representa8 tion expenses, of which—

9 (1) not more than $7,000 may be used for offi10 cial reception and representation expenses of the Su11 pervisory Board of the Commission;

12 (2) not more than $3,500 may be used for offi13 cial reception and representation expenses of the

14 Secretary of the Commission; and

15 (3) not more than $14,500 may be used for of16 ficial reception and representation expenses of the

17 Administrator of the Commission.

18 SEC. 3403. PURCHASE OF VEHICLES.

19 Notwithstanding any other provision of law, the

20 funds available to the Commission shall be available for

21 the purchase and transportation to the Republic of Pan22 ama of replacement passenger motor vehicles, the pur23 chase price of which shall not exceed $26,000 per vehicle.
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1 SEC. 3404. EXPENDITURES ONLY IN ACCORDANCE WITH

2 TREATIES.

3 Expenditures authorized under this title may be made

4 only in accordance with the Panama Canal Treaties of

5 1977 and any law of the United States implementing

6 those treaties.

7 SEC. 3405. OFFICE OF TRANSITION ADMINISTRATION.

8 (a) EXPENDITURES FROM PANAMA CANAL COMMIS9 SION DISSOLUTION FUND.—The Office of Transition Ad10 ministration established under subsection (b) of section

11 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a)

12 is authorized to obligate and expend funds from the Pan13 ama Canal Commission Dissolution Fund established

14 under subsection (c) of such section for the purposes enu15 merated in such subsection until the fund terminates.

16 (b) ADMINISTRATIVE OFFICES.—The Office of Tran17 sition Administration shall have offices in the Republic of

18 Panama and in Washington, District of Columbia. The of19 fice in Panama shall be subject to the authority of the

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

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

22 Panama Canal Commission shall enter into an agreement

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

24 Government to supervise the close out of the affairs of
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1 the Commission under section 1305 of the Panama Canal

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

Passed the Senate May 27, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 1062

AN ACT

To authorize appropriations for fiscal year 2000 for

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