I

105TH CONGRESS

2D SESSION S. 2058

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1998

Referred to the Committee on National Security

AN ACT

To authorize appropriations for fiscal year 1999 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 1999’’.
2

S 2058 RFH

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. 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. International cooperative stockpile stewardship.

Sec. 3132. Prohibition on use of funds for ballistic missile defense and theater

missile defense.

Sec. 3133. Licensing of certain mixed oxide fuel fabrication and irradiation facilities.

Sec. 3134. Continuation of processing, treatment, and disposition of legacy nuclear materials.

Sec. 3135. Authority for Department of Energy federally funded research and

development centers to participate in merit-based technology

research and development programs.

Sec. 3136. Support for public education in the vicinity of Los Alamos National

Laboratory, New Mexico.

Sec. 3137. Cost-sharing for operation of the Hazardous Materials Management

and Emergency Response training facility, Richland, Washington.

Sec. 3138. Hanford Health Information Network.

Sec. 3139. Nonproliferation activities.

Sec. 3140. Activities of the contractor-operated facilities of the Department of

Energy.

Sec. 3140A. Relocation of National Atomic Museum, Albuquerque, New Mexico.
3

S 2058 RFH

Subtitle D—Other Matters

Sec. 3141. Repeal of fiscal year 1998 statement of policy on stockpile stewardship program.

Sec. 3142. Increase in maximum rate of pay for scientific, engineering, and

technical personnel responsible for safety at defense nuclear facilities.

Sec. 3143. Sense of Senate regarding treatment of Formerly Utilized Sites Remedial Action Program under a nondefense discretionary budget function.

Sec. 3144. Extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3145. Extension of authority of Department of Energy to pay voluntary

separation incentive payments.

Sec. 3146. Inspection of permanent records prior to declassification.

Sec. 3147. Sense of Senate regarding memoranda of understanding with the

State of Oregon relating to Hanford.

Sec. 3148. Review of calculation of overhead costs of cleanup at Department

of Energy sites.

Sec. 3149. Sense of the Congress on funding requirements for the nonproliferation science and technology activities of the Department of Energy.

Sec. 3150. Deadline for selection of technology for tritium production.

Subtitle E—Maximum Age for New Department of Energy

Nuclear Materials Couriers

Sec. 3161. Maximum age to enter nuclear courier force.

Sec. 3162. Definition.

Sec. 3163. Amending section 8334(a)(1) of title 5, U.S.C.

Sec. 3164. Amending section 8336(c)(1) of title 5, U.S.C.

Sec. 3165. Amending section 8401 of title 5, U.S.C.

Sec. 3166. Amending section 8412(d) of title 5, U.S.C.

Sec. 3167. Amending section 8415(g) of title 5, U.S.C.

Sec. 3168. Amending section 8422(a)(3) of title 5, U.S.C.

Sec. 3169. Amending sections 8423(a) (1)(B)(i) and (3)(A) of title 5, U.S.C.

Sec. 3170. Amending section 8335(b) of title 5, U.S.C.

Sec. 3171. Payments.

Sec. 3172. Effective date.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile.

Sec. 3304. Use of stockpile funds for certain environmental remediation, restoration, waste management, and compliance activities.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.
4

S 2058 RFH

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title; references to Panama Canal Act of 1979.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Expenditures only in accordance with treaties.

Sec. 3505. Donations to the Commission.

Sec. 3506. Agreements for United States to provide post-transfer administrative services for certain employee benefits.

Sec. 3507. Sunset of United States overseas benefits just before transfer.

Sec. 3508. Central Examining Office.

Sec. 3509. Liability for vessel accidents.

Sec. 3510. Placement of United States citizens in positions with the United

States Government.

Sec. 3511. Panama Canal Board of Contract Appeals.

Sec. 3512. Technical amendments.

Sec. 3513. Officer of the Department of Defense designated as a member of

the Panama Canal Commission Supervisory Board.

TITLE XXXVI—COMMERCIAL ACTIVITIES OF PEOPLE’S

LIBERATION ARMY

Sec. 3601. Application of authorities under the International Emergency Economic Powers Act to Chinese military companies.

Sec. 3602. Definition.

TITLE XXXVII—FORCED OR INDENTURED LABOR

Sec. 3701. Findings.

Sec. 3702. Authorization for additional Customs personnel to monitor the importation of products made with forced or indentured labor.

Sec. 3703. Reporting requirement on forced labor or indentured labor products

destined for the United States market.

Sec. 3704. Renegotiating memoranda of understanding on forced labor.

TITLE XXXVIII—FAIR TRADE IN AUTOMOTIVE PARTS

Sec. 3801. Short title.

Sec. 3802. Definitions.

Sec. 3803. Re-establishment of initiative on automotive parts sales to Japan.

Sec. 3804. Establishment of special advisory committee on automotive parts

sales in Japanese and other Asian markets.

Sec. 3805. Expiration date

TITLE XXXIX —RADIO FREE ASIA

Sec. 3901. Short title.

Sec. 3902. Findings.

Sec. 3903. Authorization of appropriations for increased funding for Radio

Free Asia and Voice of America broadcasting to China.

Sec. 3904. Reporting requirement.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—
5

S 2058 RFH

1 (1) the Committee on Armed Services and the

2 Committee on Appropriations of the Senate; and

3 (2) the Committee on National Security and the

4 Committee on Appropriations of the House of Rep5 resentatives.

6 TITLE XXXI—DEPARTMENT OF

7 ENERGY NATIONAL SECURITY

8 PROGRAMS

9 Subtitle A—National Security

10 Programs Authorizations

11 SEC. 3101. WEAPONS ACTIVITIES.

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

13 be appropriated to the Department of Energy for fiscal

14 year 1999 for weapons activities in carrying out programs

15 necessary for national security in the amount of

16 $4,519,700,000, to be allocated as follows:

17 (1) STOCKPILE STEWARDSHIP.—Funds are

18 hereby authorized to be appropriated to the Depart19 ment of Energy for fiscal year 1999 for stockpile

20 stewardship in carrying out weapons activities nec21 essary for national security programs in the amount

22 of $2,123,375,000, to be allocated as follows:

23 (A) For core stockpile stewardship,

24 $1,556,375,000, to be allocated as follows:
6

S 2058 RFH

1 (i) For operation and maintenance,

2 $1,440,832,000.

3 (ii) For plant projects (including

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

7 authorized in prior years, and land acquisi8 tion related thereto), $115,543,000, to be

9 allocated as follows:

10 Project 99–D–102, rehabilitation

11 of maintenance facility, Lawrence

12 Livermore National Laboratory,

13 Livermore, California, $6,500,000.

14 Project 99–D–103, isotope

15 sciences facilities, Lawrence Liver16 more National Laboratory, Livermore,

17 California, $4,000,000.

18 Project 99–D–104, protection of

19 real property (roof replacement-Phase

20 II), Lawrence Livermore National

21 Laboratory, Livermore, California,

22 $7,300,000.

23 Project 99–D–105, central health

24 physics calibration facility, TA–36,
7

S 2058 RFH

1 Los Alamos National Laboratory, Los

2 Alamos, New Mexico, $3,900,000.

3 Project 99–D–106, model valida4 tion and system certification test cen5 ter, Sandia National Laboratories, Al6 buquerque, New Mexico, $1,600,000.

7 Project 99–D–107, Joint Com8 putational Engineering Laboratory,

9 Sandia National Laboratories, Albu10 querque, New Mexico, $1,800,000.

11 Project 99–D–108, renovate ex12 isting roadways, Nevada Test Site,

13 Nevada, $2,000,000.

14 Project 97–D–102, dual-axis ra15 diographic hydrotest facility

16 (DARHT), Los Alamos National Lab17 oratory, Los Alamos, New Mexico,

18 $36,000,000.

19 Project 96–D–102, stockpile

20 stewardship facilities revitalization,

21 Phase VI, various locations,

22 $20,423,000.

23 Project 96–D–103, ATLAS, Los

24 Alamos National Laboratory, Los Ala25 mos, New Mexico, $6,400,000.
8

S 2058 RFH

1 Project 96–D–104, processing

2 and environmental technology labora3 tory (PETL), Sandia National Lab4 oratories, Albuquerque, New Mexico,

5 $18,920,000.

6 Project 96–D–105, contained fir7 ing facility (CFF) addition, Lawrence

8 Livermore National Laboratory,

9 Livermore, California, $6,700,000.

10 (B) For inertial fusion, $498,000,000, to

11 be allocated as follows:

12 (i) For operation and maintenance,

13 $213,800,000.

14 (ii) For the following plant project

15 (including maintenance, restoration, plan16 ning, construction, acquisition, and modi17 fication of facilities, and land acquisition

18 related thereto), $284,200,000, to be allo19 cated as follows:

20 Project 96–D–111, national igni21 tion facility (NIF), Lawrence Liver22 more National Laboratory, Livermore,

23 California, $284,200,000.

24 (C) For technology partnerships and edu25 cation, $69,000,000, to be allocated as follows:
9

S 2058 RFH

1 (i) For technology partnerships,

2 $60,000,000.

3 (ii) For education, $9,000,000.

4 (2) STOCKPILE MANAGEMENT.—Funds are

5 hereby authorized to be appropriated to the Depart6 ment of Energy for fiscal year 1999 for stockpile

7 management in carrying out weapons activities nec8 essary for national security programs in the amount

9 of $2,140,825,000, to be allocated as follows:

10 (A) For operation and maintenance,

11 $2,040,803,000.

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

16 and land acquisition related thereto),

17 $100,022,000, to be allocated as follows:

18 Project 99–D–122, rapid reactivation,

19 various locations, $11,200,000.

20 Project 99–D–123, replace mechanical

21 utility systems, Y–12 Plant, Oak Ridge,

22 Tennessee, $1,900,000.

23 Project 99–D–125, replace boilers and

24 controls, Kansas City Plant, Kansas City,

25 Missouri, $1,000,000.
10

S 2058 RFH

1 Project 99–D–127, stockpile manage2 ment restructuring initiative, Kansas City

3 Plant, Kansas City, Missouri,

4 $13,700,000.

5 Project 99–D–128, stockpile manage6 ment restructuring initiative, Pantex

7 Plant, Amarillo, Texas, $1,108,000.

8 Project 99–D–132, nuclear materials

9 safeguards and security upgrades project,

10 Los Alamos National Laboratory, Los Ala11 mos, New Mexico, $9,700,000.

12 Project 98–D–123, stockpile manage13 ment restructuring initiative, tritium fac14 tory modernization and consolidation, Sa15 vannah River Site, Aiken, South Carolina,

16 $27,500,000.

17 Project 98–D–124, stockpile manage18 ment restructuring initiative, Y–12 Plant

19 consolidation, Oak Ridge, Tennessee,

20 $10,700,000.

21 Project 97–D–122, nuclear materials

22 storage facility renovation, Los Alamos

23 National Laboratory, Los Alamos, New

24 Mexico, $4,864,000.
11

S 2058 RFH

1 Project 97–D–123, structural up2 grades, Kansas City Plant, Kansas City,

3 Missouri, $6,400,000.

4 Project 96–D–122, sewage treatment

5 quality upgrade (STQU), Pantex Plant,

6 Amarillo, Texas, $3,700,000.

7 Project 95–D–102, chemistry and

8 metallurgy research building (CMR) up9 grades project, Los Alamos National Lab10 oratory, Los Alamos, New Mexico,

11 $5,000,000.

12 Project 93–D–122, life safety up13 grades, Y–12 Plant, Oak Ridge, Ten14 nessee, $3,250,000.

15 (3) PROGRAM DIRECTION.—Funds are hereby

16 authorized to be appropriated to the Department of

17 Energy for fiscal year 1999 for program direction in

18 carrying out weapons activities necessary for na19 tional security programs in the amount of

20 $255,500,000.

21 (b) ADJUSTMENT.—The total amount authorized to

22 be appropriated in paragraphs (1), (2), and (3) of sub23 section (a) is the sum of the amounts authorized to be

24 appropriated by such paragraphs reduced by the sum of

25 $145,000,000 for use of prior year balances.
12

S 2058 RFH

1 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

2 MANAGEMENT.

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

4 be appropriated to the Department of Energy for fiscal

5 year 1999 for environmental restoration and waste man6 agement in carrying out programs necessary for national

7 security in the amount of $5,323,143,000, to be allocated

8 as follows:

9 (1) SITE AND PROJECT COMPLETION.—Funds

10 are hereby authorized to be appropriated to the De11 partment of Energy for fiscal year 1999 for site

12 project and completion in carrying out environ13 mental restoration and waste management activities

14 necessary for national security programs in the

15 amount of $1,047,253,000, to be allocated as fol16 lows:

17 (A) For operation and maintenance,

18 $848,090,000.

19 (B) For plant projects (including mainte20 nance, restoration, planning, construction, ac21 quisition, modification of facilities, and the con22 tinuation of projects authorized in prior years,

23 and land acquisition related thereto),

24 $199,163,000, to be allocated as follows:
13

S 2058 RFH

1 Project 99–D–402, tank farm support

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

3 Aiken, South Carolina, $2,745,000.

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

6 Engineering and Environmental Labora7 tory, Idaho Falls, Idaho, $950,000.

8 Project 98–D–401, H-tank farm

9 storm water systems upgrade, Savannah

10 River Site, Aiken, South Carolina,

11 $3,120,000.

12 Project 98–D–453, plutonium sta13 bilization and handling system for pluto14 nium finishing plant, Richland, Washing15 ton, $26,814,000.

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

19 Idaho, $7,710,000.

20 Project 97–D–450, actinide packaging

21 and storage facility, Savannah River Site,

22 Aiken, South Carolina, $79,184,000.

23 Project 97–D–470, regulatory mon24 itoring and bioassay laboratory, Savannah
14

S 2058 RFH

1 River Site, Aiken, South Carolina,

2 $7,000,000.

3 Project 96–D–406, spent nuclear fuels

4 canister storage and stabilization facility,

5 Richland, Washington, $38,680,000.

6 Project 96–D–408, waste manage7 ment upgrades, Kansas City Plant, Kansas

8 City, Missouri, and Savannah River Site,

9 Aiken, South Carolina, $4,512,000.

10 Project 96–D–464, electrical and util11 ity systems upgrade, Idaho Chemical Proc12 essing Plant, Idaho National Engineering

13 and Environmental Laboratory, Idaho

14 Falls, Idaho, $11,544,000.

15 Project 96–D–471, chlorofluorocarbon

16 heating, ventilation, and air conditioning

17 and chiller retrofit, Savannah River Site,

18 Aiken, South Carolina, $8,000,000.

19 Project 95–D–456, security facilities

20 consolidation, Idaho Chemical Processing

21 Plant, Idaho National Engineering and

22 Environmental Laboratory, Idaho Falls,

23 Idaho, $485,000.
15

S 2058 RFH

1 Project 92–D–140, F-canyon and H2 canyon exhaust upgrades, Savannah River

3 Site, Aiken, South Carolina, $3,667,000.

4 Project 86–D–103, decontamination

5 and waste treatment facility, Lawrence

6 Livermore National Laboratory, Liver7 more, California, $4,752,000.

8 (2) POST 2006 COMPLETION.—Funds are hereby

9 authorized to be appropriated to the Department of

10 Energy for fiscal year 1999 for post 2006 project

11 completion in carrying out environmental restoration

12 and waste management activities necessary for na13 tional security programs in the amount of

14 $2,683,451,000, to be allocated as follows:

15 (A) For operation and maintenance,

16 $2,602,195,000.

17 (B) For plant projects (including mainte18 nance, restoration, planning, construction, ac19 quisition, modification of facilities, and the con20 tinuation of projects authorized in prior years,

21 and land acquisition related thereto),

22 $81,256,000, to be allocated as follows:

23 Project 99–D–403, privatization

24 phase I infrastructure support, Richland,

25 Washington, $14,800,000.
16

S 2058 RFH

1 Project 97–D–402, tank farm restora2 tion and safe operations, Richland, Wash3 ington, $22,723,000.

4 Project 96–D–408, waste manage5 ment upgrades, Richland, Washington,

6 $171,000.

7 Project 94–D–407, initial tank re8 trieval systems, Richland, Washington,

9 $32,860,000.

10 Project 93–D–187, high-level waste

11 removal from filled waste tanks, Savannah

12 River Site, Aiken, South Carolina,

13 $10,702,000.

14 (3) CLOSURE PROJECTS.—Funds are hereby

15 authorized to be appropriated to the Department of

16 Energy for fiscal year 1999 for closure projects car17 ried out in accordance with section 3143 of the Na18 tional Defense Authorization Act for Fiscal Year

19 1997 (Public Law 104–201; 110 Stat. 2836; 42

20 U.S.C. 7274n) in the amount of $1,006,240,000.

21 (4) TECHNOLOGY DEVELOPMENT.—Funds are

22 hereby authorized to be appropriated to the Depart23 ment of Energy for fiscal year 1999 for science and

24 technology in carrying out environmental restoration

25 and waste management activities necessary for na-
17

S 2058 RFH

1 tional security programs in the amount of

2 $250,000,000.

3 (5) PROGRAM DIRECTION.—Funds are hereby

4 authorized to be appropriated to the Department of

5 Energy for fiscal year 1999 for program direction in

6 carrying out environmental restoration and waste

7 management activities necessary for national secu8 rity programs in the amount of $336,199,000.

9 (b) ADJUSTMENT.—The total amount authorized to

10 be appropriated in paragraphs (1), (2), (3), and (5) of

11 subsection (a) is the sum of the amounts authorized to

12 be appropriated by such paragraphs reduced by the sum

13 of $21,000,000 for use of prior year balances.

14 SEC. 3103. OTHER DEFENSE ACTIVITIES.

15 Funds are hereby authorized to be appropriated to

16 the Department of Energy for fiscal year 1999 for other

17 defense activities in carrying out programs necessary for

18 national security in the amount of $1,672,160,000, to be

19 allocated as follows:

20 (1) VERIFICATION AND CONTROL TECH21 NOLOGY.—For verification and control technology,

22 $483,500,000, to be allocated as follows:

23 (A) For nonproliferation and verification

24 research and development, $210,000,000.

25 (B) For arms control, $236,900,000.
18

S 2058 RFH

1 (C) For intelligence, $36,600,000.

2 (2) NUCLEAR SAFEGUARDS AND SECURITY.—

3 For nuclear safeguards and security, $53,200,000.

4 (3) SECURITY INVESTIGATIONS.—For security

5 investigations, $30,000,000.

6 (4) EMERGENCY MANAGEMENT.—For emer7 gency management, $23,700,000.

8 (5) PROGRAM DIRECTION.—For program direc9 tion, nonproliferation and national security,

10 $84,900,000.

11 (6) WORKER AND COMMUNITY TRANSITION AS12 SISTANCE.—For worker and community transition

13 assistance, $40,000,000, to be allocated as follows:

14 (A) For worker and community transition,

15 $36,000,000.

16 (B) For program direction, worker and

17 community transition assistance, $4,000,000.

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

20 $168,960,000, to be allocated as follows:

21 (A) For operation and maintenance,

22 $111,372,000.

23 (B) For program direction, fissile mate24 rials control and disposition, $4,588,000.
19

S 2058 RFH

1 (C) For plant projects (including mainte2 nance, restoration, planning, construction, ac3 quisition, modification of facilities, and land ac4 quisition related thereto), $53,000,000, to be

5 allocated as follows:

6 Project 99–D–141, pit disassembly

7 and conversion facility, location to be de8 termined, $25,000,000.

9 Project 99–D–143, mixed oxide fuel

10 fabrication facility, location to be deter11 mined, $28,000,000.

12 (8) ENVIRONMENT, SAFETY, AND HEALTH.—

13 For environment, safety, and health, defense,

14 $69,000,000, to be allocated as follows:

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

16 and Health (Defense), $64,231,000.

17 (B) For program direction, environment,

18 safety, and health (defense), $4,769,000.

19 (9) OFFICE OF HEARINGS AND APPEALS.—For

20 the Office of Hearings and Appeals, $2,400,000.

21 (10) INTERNATIONAL NUCLEAR SAFETY.—For

22 international nuclear safety, $35,000,000.

23 (11) NAVAL REACTORS.—For naval reactors,

24 $681,500,000, to be allocated as follows:
20

S 2058 RFH

1 (A) For naval reactors development,

2 $661,400,000, to be allocated as follows:

3 (i) For operation and maintenance,

4 $639,600,000.

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), $12,800,000, to be

11 allocated as follows:

12 Project 98–D–200, site labora13 tory/facility upgrade, various loca14 tions, $7,000,000.

15 Project 90–N–102, expended core

16 facility dry cell project, Naval Reac17 tors facility, Idaho Falls, Idaho,

18 $5,800,000.

19 (iii) For general plant projects,

20 $9,000,000, to be allocated as follows:

21 Project GPN–101, general plant

22 projects, various locations,

23 $9,000,000.

24 (B) For program direction, naval reactors,

25 $20,100,000.
21

S 2058 RFH

1 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

2 Funds are hereby authorized to be appropriated to

3 the Department of Energy for fiscal year 1999 for pay4 ment to the Nuclear Waste Fund established in section

5 302(c) of the Nuclear Waste Policy Act of 1982 (42

6 U.S.C. 10222(c)) in the amount of $190,000,000.

7 SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI8 VATIZATION.

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

10 be appropriated to the Department of Energy for fiscal

11 year 1999 for privatization initiatives in carrying out envi12 ronmental restoration and waste management activities

13 necessary for national security programs in the amount

14 of $273,857,000, to be allocated as follows:

15 Project 99–PVT–1, remote handled transuranic

16 waste transportation, Carlsbad, New Mexico,

17 $19,605,000.

18 Project 98–PVT–2, spent nuclear fuel dry stor19 age, Idaho Falls, Idaho, $20,000,000.

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

21 Tennessee, $33,500,000.

22 Project 97–PVT–1, tank waste remediation sys23 tem phase I, Hanford, Washington, $113,500,000.

24 Project 97–PVT–2, advanced mixed waste

25 treatment facility, Idaho Falls, Idaho, $87,252,000.
22

S 2058 RFH

1 (b) ADJUSTMENT.—The amount authorized to be ap2 propriated in subsection (a) is the sum of the amounts

3 authorized to be appropriated for the projects set forth

4 in that subsection reduced by the sum of $32,000,000 for

5 use of prior year balances of funds for defense environ6 mental management privatization.

7 Subtitle B—Recurring General

8 Provisions

9 SEC. 3121. REPROGRAMMING.

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

11 submits to the congressional defense committees the re12 port referred to in subsection (b) and a period of 30 days

13 has elapsed after the date on which such committees re14 ceive the report, the Secretary may not use amounts ap15 propriated pursuant to this title for any program—

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

17 (A) 110 percent of the amount authorized

18 for that program by this title; or

19 (B) $1,000,000 more than the amount au20 thorized for that program by this title; or

21 (2) which has not been presented to, or re22 quested of, Congress.

23 (b) REPORT.—(1) The report referred to in sub24 section (a) is a report containing a full and complete state25 ment of the action proposed to be taken and the facts and
23

S 2058 RFH

1 circumstances relied upon in support of such proposed ac2 tion.

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

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

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

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

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

8 amount of funds obligated pursuant to this title exceed

9 the total amount authorized to be appropriated by this

10 title.

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

12 be used for an item for which Congress has specifically

13 denied funds.

14 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

16 carry out any construction project under the general plant

17 projects authorized by this title if the total estimated cost

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

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

20 the construction of any general plant project authorized

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

22 because of unforeseen cost variations and the revised cost

23 of the project exceeds $5,000,000, the Secretary shall im24 mediately furnish a complete report to the congressional
24

S 2058 RFH

1 defense committees explaining the reasons for the cost

2 variation.

3 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

4 (a) IN GENERAL.—(1) Except as provided in para5 graph (2), construction on a construction project may not

6 be started or additional obligations incurred in connection

7 with the project above the total estimated cost, whenever

8 the current estimated cost of the construction project,

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

10 which is in support of national security programs of the

11 Department of Energy and was authorized by any pre12 vious Act, exceeds by more than 25 percent the higher

13 of—

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

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

16 the project as shown in the most recent budget jus17 tification data submitted to Congress.

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

19 taken if—

20 (A) the Secretary of Energy has submitted to

21 the congressional defense committees a report on the

22 actions and the circumstances making such action

23 necessary; and
25

S 2058 RFH

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

2 date on which the report is received by the commit3 tees.

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

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

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

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

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

9 any construction project which has a current estimated

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

11 SEC. 3124. FUND TRANSFER AUTHORITY.

12 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

13 The Secretary of Energy may transfer funds authorized

14 to be appropriated to the Department of Energy pursuant

15 to this title to other Federal agencies for the performance

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

17 transferred may be merged with and be available for the

18 same purposes and for the same period as the authoriza19 tions of the Federal agency to which the amounts are

20 transferred.

21 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

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

23 transfer funds authorized to be appropriated to the De24 partment of Energy pursuant to this title between any

25 such authorizations. Amounts of authorizations so trans-
26

S 2058 RFH

1 ferred may be merged with and be available for the same

2 purposes and for the same period as the authorization to

3 which the amounts are transferred.

4 (2) Not more than five percent of any such authoriza5 tion may be transferred between authorizations under

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

7 or decreased by more than five percent by a transfer under

8 such paragraph.

9 (c) LIMITATION.—The authority provided by this sec10 tion to transfer authorizations—

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

12 relating to activities necessary for national security

13 programs that have a higher priority than the items

14 from which the funds are transferred; and

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

16 item for which Congress has specifically denied

17 funds.

18 (d) NOTICE TO CONGRESS.—The Secretary of En19 ergy shall promptly notify the Committee on Armed Serv20 ices of the Senate and the Committee on National Security

21 of the House of Representatives of any transfer of funds

22 to or from authorizations under this title.
27

S 2058 RFH

1 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC2 TION DESIGN.

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

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

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

7 national security program of the Department of Energy,

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

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

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

12 Secretary shall submit to Congress a request for funds for

13 the conceptual design before submitting a request for

14 funds for the construction project.

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

16 to a request for funds—

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

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

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

22 Within the amounts authorized by this title, the Secretary

23 of Energy may carry out construction design (including

24 architectural and engineering services) in connection with

25 any proposed construction project if the total estimated

26 cost for such design does not exceed $600,000.
28

S 2058 RFH

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

2 in connection with any construction project exceeds

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

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

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

8 any funds available to the Department of Energy pursuant

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

12 perform planning, design, and construction activities for

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

15 must proceed expeditiously in order to protect public

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

17 or to protect property.

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

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

21 congressional defense committees a report on the activities

22 that the Secretary intends to carry out under this section

23 and the circumstances making such activities necessary.

24 (c) SPECIFIC AUTHORITY.—The requirement of sec25 tion 3125(b)(2) does not apply to emergency planning, de-
29

S 2058 RFH

1 sign, and construction activities conducted under this sec2 tion.

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

5 ENERGY.

6 Subject to the provisions of appropriations Acts and

7 section 3121, amounts appropriated pursuant to this title

8 for management and support activities and for general

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

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

12 SEC. 3128. AVAILABILITY OF FUNDS.

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

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

15 appropriated for operation and maintenance or for plant

16 projects may remain available until expended.

17 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

18 Amounts appropriated for program direction pursuant to

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

21 year 2001.

22 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL

23 MANAGEMENT FUNDS.

24 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON25 MENTAL MANAGEMENT FUNDS.—The Secretary of En-
30

S 2058 RFH

1 ergy shall provide the manager of each field office of the

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

4 or project under the jurisdiction of the office to another

5 such program or project.

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

7 made to or from any program or project under subsection

8 (a) in a fiscal year.

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

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

11 in a fiscal year.

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

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

14 determines that the transfer is necessary to address a risk

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

16 efficient use of defense environmental management funds

17 at the field office.

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

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

21 has not been authorized by Congress.

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

24 apply to transfers of funds pursuant to subsection (a).
31

S 2058 RFH

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

2 the Assistant Secretary of Energy for Environmental

3 Management, shall notify Congress of any transfer of

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

5 after such transfer occurs.

6 (e) DEFINITIONS.—In this section:

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

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

10 (A) An activity carried out pursuant to

11 paragraph (1), (2), or (3) of section 3102(a).

12 (B) A project or program not described in

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

20 Act.

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

24 carrying out environmental restoration and waste
32

S 2058 RFH

1 management activities necessary for national secu2 rity programs.

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

4 field offices of the Department may exercise the authority

5 provided under subsection (a) during the period beginning

6 on October 1, 1998, and ending on September 30, 1999.

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

10 SEC. 3131. INTERNATIONAL COOPERATIVE STOCKPILE

11 STEWARDSHIP.

12 (a) FUNDING PROHIBITION.—No funds authorized to

13 be appropriated or otherwise available to the Department

14 of Energy for fiscal year 1999 may be obligated or ex15 pended to conduct any activities associated with inter16 national cooperative stockpile stewardship.

17 (b) EXCEPTIONS.—Subsection (a) does not apply to

18 the following:

19 (1) Activities conducted between the United

20 States and the United Kingdom.

21 (2) Activities conducted between the United

22 States and France.

23 (3) Activities carried out under title III of this

24 Act relating to cooperative threat reduction with

25 states of the former Soviet Union.
33

S 2058 RFH

1 SEC. 3132. PROHIBITION ON USE OF FUNDS FOR BALLISTIC

2 MISSILE DEFENSE AND THEATER MISSILE

3 DEFENSE.

4 No funds authorized to be appropriated or otherwise

5 made available to the Department of Energy by this title

6 for fiscal year 1999 may be obligated or expended for any

7 activities (including research, development, test, and eval8 uation activities, demonstration activities, or studies) re9 lating to ballistic missile defense or theater missile de10 fense.

11 SEC. 3133. LICENSING OF CERTAIN MIXED OXIDE FUEL

12 FABRICATION AND IRRADIATION FACILITIES.

13 (a) LICENSE REQUIREMENT.—Notwithstanding sec14 tion 110 a. of the Atomic Energy Act of 1954 (42 U.S.C.

15 2140(a)), no person may construct or operate a facility

16 referred to in subsection (b) without obtaining a license

17 from the Nuclear Regulatory Commission.

18 (b) COVERED FACILITIES.—(1) Except as provided

19 in paragraph (2), subsection (a) applies to any facility

20 under a contract with and for the account of the Depart21 ment of Energy that fabricates mixed plutonium-uranium

22 oxide nuclear reactor fuel for use in a commercial nuclear

23 reactor.

24 (2) Subsection (a) does not apply to any such facility

25 that is utilized for research, development, demonstration,

26 testing, or analysis purposes.
34

S 2058 RFH

1 (c) AVAILABILITY OF FUNDS FOR LICENSING BY

2 NRC.—Section 210 of the Department of Energy Na3 tional Security and Military Applications of Nuclear En4 ergy Authorization Act of 1981 (42 U.S.C. 7272) shall

5 not apply to any licensing activities required as a result

6 of subsection (a).

7 (d) APPLICABILITY OF OCCUPATIONAL SAFETY AND

8 HEALTH REQUIREMENTS TO ACTIVITIES UNDER LI9 CENSE.—Any activities carried out under a license re10 ferred to in subsection (a) shall be subject to regulation

11 under the Occupational Safety and Health Act of 1970

12 (29 U.S.C. 651 et seq.).

13 SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT,

14 AND DISPOSITION OF LEGACY NUCLEAR MA15 TERIALS.

16 The Secretary of Energy shall continue operations

17 and maintain a high state of readiness at the F–canyon

18 and H–canyon facilities at the Savannah River site and

19 shall provide technical staff necessary to operate and so

20 maintain such facilities.
35

S 2058 RFH

1 SEC. 3135. AUTHORITY FOR DEPARTMENT OF ENERGY FED2 ERALLY FUNDED RESEARCH AND DEVELOP3 MENT CENTERS TO PARTICIPATE IN MERIT4 BASED TECHNOLOGY RESEARCH AND DEVEL5 OPMENT PROGRAMS.

6 Section 217(f)(1) of the National Defense Authoriza7 tion Act for Fiscal Year 1995 (Public Law 103–337; 108

8 Stat. 2695) is amended by inserting ‘‘or of the Depart9 ment of Energy’’ after ‘‘the Department of Defense’’.

10 SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VI11 CINITY OF LOS ALAMOS NATIONAL LABORA12 TORY, NEW MEXICO.

13 (a) AVAILABILITY OF FUNDS.—Of the funds author14 ized to be appropriated or otherwise made available to the

15 Department of Energy by this title, $5,000,000 shall be

16 available for payment by the Secretary of Energy to the

17 educational foundation chartered to enhance educational

18 activities in the public schools in the vicinity of Los Ala19 mos National Laboratory, New Mexico (in this section re20 ferred to as the ‘‘Foundation’’).

21 (b) USE OF FUNDS.—(1) The Foundation shall uti22 lize funds provided under subsection (a) as a contribution

23 to an endowment fund for the Foundation.

24 (2) The Foundation shall use the income generated

25 from investments in the endowment fund that are attrib26 utable to the payment made under subsection (a) to fund
36

S 2058 RFH

1 programs to support the educational needs of children in

2 public schools in the vicinity of Los Alamos National Lab3 oratory.

4 SEC. 3137. COST-SHARING FOR OPERATION OF THE HAZ5 ARDOUS MATERIALS MANAGEMENT AND

6 EMERGENCY RESPONSE TRAINING FACILITY,

7 RICHLAND, WASHINGTON.

8 The Secretary of Energy may enter into partnership

9 arrangements with Federal and non-Federal entities to

10 share the costs of operating the Hazardous Materials

11 Management and Emergency Response training facility

12 authorized under section 3140 of the National Defense

13 Authorization Act for Fiscal Year 1995 (Public Law 103–

14 337; 108 Stat. 3088). Such arrangements may include the

15 exchange of equipment and services.

16 SEC. 3138. HANFORD HEALTH INFORMATION NETWORK.

17 Of the funds authorized to be appropriated or other18 wise made available to the Department of Energy by sec19 tion 3102, $2,500,000 shall be available for activities re20 lating to the Hanford Health Information Network estab21 lished pursuant to the authority in section 3138 of the

22 National Defense Authorization Act for Fiscal Year 1991

23 (Public Law 101–510; 104 Stat. 1834), as amended by

24 section 3138(b) of the National Defense Authorization Act
37

S 2058 RFH

1 for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

2 3087).

3 SEC. 3139. NONPROLIFERATION ACTIVITIES.

4 (a) INITIATIVES FOR PROLIFERATION PREVENTION

5 PROGRAM.—Of the amount authorized to be appropriated

6 by section 3103(1)(B), $30,000,000 may be available for

7 the Initiatives for Proliferation Prevention program.

8 (b) NUCLEAR CITIES INITIATIVE.—Of the amount

9 authorized to be appropriated by section 3103(1)(B),

10 $30,000,000 may be available for the purpose of imple11 menting the initiative arising pursuant to the March 1998

12 discussions between the Vice President of the United

13 States and the Prime Minister of the Russian Federation

14 and between the Secretary of Energy of the United States

15 and the Minister of Atomic Energy of the Russian Federa16 tion (the so-called ‘‘nuclear cities’’ initiative).

17 SEC. 3140. ACTIVITIES OF THE CONTRACTOR-OPERATED

18 FACILITIES OF THE DEPARTMENT OF EN19 ERGY.

20 (a) RESEARCH AND ACTIVITIES ON BEHALF OF NON21 DEPARTMENT PERSONS AND ENTITIES.—(1) The Sec22 retary of Energy may conduct research and other activi23 ties referred to in paragraph (2) through contractor-oper24 ated facilities of the Department of Energy on behalf of

25 other departments and agencies of the Government, agen-
38

S 2058 RFH

1 cies of State and local governments, and private persons

2 and entities.

3 (2) The research and other activities that may be con4 ducted under paragraph (1) are those which the Secretary

5 is authorized to conduct by law, and include, but are not

6 limited to, research and activities authorized under the fol7 lowing:

8 (A) Section 33 of the Atomic Energy Act of

9 1954 (42 U.S.C. 2053).

10 (B) Section 107 of the Energy Reorganization

11 Act of 1974 (42 U.S.C. 5817).

12 (C) The Federal Nonnuclear Energy Research

13 and Development Act of 1974 (42 U.S.C. 5901 et

14 seq.).

15 (b) CHARGES.—(1) The Secretary shall impose on

16 the department, agency, or person or entity for whom re17 search and other activities are carried out under sub18 section (a) a charge for such research and activities equal

19 to not more than the full cost incurred by the contractor

20 concerned in carrying out such research and activities,

21 which cost shall include—

22 (A) the direct cost incurred by the contractor in

23 carrying out such research and activities; and
39

S 2058 RFH

1 (B) the overhead cost including site-wide indi2 rect costs associated with such research and activi3 ties.

4 (2)(A) Subject to subparagraph (B), the Secretary

5 shall also impose on the department, agency, or person

6 or entity concerned a Federal administrative charge

7 (which includes any depreciation and imputed interest

8 charges) in an amount not to exceed 3 percent of the full

9 cost incurred by the contractor concerned in carrying out

10 the research and activities concerned.

11 (B) The Secretary may waive the imposition of the

12 Federal administrative charge required by subparagraph

13 (A) in the case of research and other activities conducted

14 on behalf of small business concerns, institutions of higher

15 education, non-profit entities, and State and local govern16 ments.

17 (3) Not later than 2 years after the date of enactment

18 of this Act, the Secretary shall terminate any waiver of

19 charges under section 33 of the Atomic Energy Act of

20 1954 (42 U.S.C. 2053) that were made before such date,

21 unless the Secretary determines that such waiver should

22 be continued.

23 (c) PILOT PROGRAM OF REDUCED FACILITY OVER24 HEAD CHARGES.—(1) The Secretary may, with the co25 operation of participating contractors of the contractor-
40

S 2058 RFH

1 operated facilities of the Department, carry out a pilot

2 program under which the Secretary and such contractors

3 reduce the facility overhead charges imposed under this

4 section for research and other activities conducted under

5 this section.

6 (2) The Secretary shall carry out the pilot program

7 at contractor-operated facilities selected by the Secretary

8 in consultation with the contractors concerned.

9 (3) The Secretary shall determine the facility over10 head charges to be imposed under the pilot program based

11 on their joint review of all items included in the overhead

12 costs of the facility concerned in order to determine which

13 items are appropriately incurred as facility overhead

14 charges by the contractor in carrying out research and

15 other activities at such facility under this section.

16 (4) The Secretary shall commence carrying out the

17 pilot program not later than October 1, 1999, and shall

18 terminate the pilot program on September 30, 2003.

19 (5) Not later than January 31, 2003, the Secretary

20 shall submit to the congressional defense committees, the

21 Committee on Energy and Natural Resources of the Sen22 ate, and other appropriate committees of the House of

23 Representatives an interim report on the results of the

24 pilot program under this subsection. The report shall in25 clude any recommendations for the extension or expansion
41

S 2058 RFH

1 of the pilot program, including the establishment of mul2 tiple rates of overhead charges for various categories of

3 persons and entities seeking research and other activities

4 in contractor-operated facilities of the Department.

5 (d) PARTNERSHIPS AND INTERACTIONS.—(1) The

6 Secretary of Energy may encourage partnerships and

7 interactions between each contractor-operated facility of

8 the Department of Energy and universities and private

9 businesses.

10 (2) The Secretary may take into account the progress

11 of each contractor-operated facility of the Department in

12 developing and expanding partnerships and interactions

13 under paragraph (1) in evaluating the annual performance

14 of such contractor-operated facility.

15 (e) SMALL BUSINESS TECHNOLOGY PARTNERSHIP

16 PROGRAM.—(1) The Secretary may require that each con17 tractor operating a facility of the Department establish a

18 program at such facility under which the contractor may

19 enter into partnerships with small businesses at such facil20 ity relating to technology.

21 (2) The amount of funds expended by a contractor

22 under a program under paragraph (1) at a particular fa23 cility may not exceed an amount equal to 0.25 percent

24 of the total operating budget of the facility.
42

S 2058 RFH

1 (3) Amounts expended by a contractor under a

2 program—

3 (A) shall be used to cover the costs (including

4 research and development costs and technical assist5 ance costs) incurred by the contractor in connection

6 with activities under the program; and

7 (B) may not be used for direct grants to small

8 businesses.

9 (4) The Secretary shall submit to the congressional

10 defense committees, the Committee on Energy and Natu11 ral Resources of the Senate, and the appropriate commit12 tee of the House of Representatives, together with the

13 budget of the President for each fiscal year that is submit14 ted to Congress under section 1105 of title 31, United

15 States Code, an assessment of the program under this

16 subsection during the preceding year, including the effec17 tiveness of the program in providing opportunities for

18 small businesses to interact with and use the resources

19 of the contractor-operated facilities of the Department, the

20 cost of the program to the Federal Government and any

21 impact on the execution of the Department’s mission.

22 SEC. 3140A. RELOCATION OF NATIONAL ATOMIC MUSEUM,

23 ALBUQUERQUE, NEW MEXICO.

24 The Secretary of Energy shall submit to the Defense

25 Committees of Congress a plan for the design, construc-
43

S 2058 RFH

1 tion, and relocation of the National Atomic Museum in

2 Albuquerque, New Mexico.

3 Subtitle D—Other Matters

4 SEC. 3141. REPEAL OF FISCAL YEAR 1998 STATEMENT OF

5 POLICY ON STOCKPILE STEWARDSHIP PRO6 GRAM.

7 Section 3156 of the National Defense Authorization

8 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

9 2045; 42 U.S.C. 2121 note) is repealed.

10 SEC. 3142. INCREASE IN MAXIMUM RATE OF PAY FOR SCI11 ENTIFIC, ENGINEERING, AND TECHNICAL

12 PERSONNEL RESPONSIBLE FOR SAFETY AT

13 DEFENSE NUCLEAR FACILITIES.

14 Section 3161(a)(2) of the National Defense Author15 ization Act for Fiscal Year 1995 (42 U.S.C. 7231 note)

16 is amended by striking out ‘‘level IV of the Executive

17 Schedule under section 5315’’ and inserting in lieu thereof

18 ‘‘level III of the Executive Schedule under section 5314’’.

19 SEC. 3143. SENSE OF SENATE REGARDING TREATMENT OF

20 FORMERLY UTILIZED SITES REMEDIAL AC21 TION PROGRAM UNDER A NONDEFENSE DIS22 CRETIONARY BUDGET FUNCTION.

23 It is the sense of the Senate that the Office of Man24 agement and Budget should, beginning with fiscal year

25 2000, transfer the Formerly Utilized Sites Remedial Ac-
44

S 2058 RFH

1 tion Program from the 050 budget function to a non2 defense discretionary budget function.

3 SEC. 3144. EXTENSION OF AUTHORITY FOR APPOINTMENT

4 OF CERTAIN SCIENTIFIC, ENGINEERING, AND

5 TECHNICAL PERSONNEL.

6 Section 3161(c)(1) of the National Defense Author7 ization Act for Fiscal Year 1995 (42 U.S.C. 7231 note)

8 is amended by striking out ‘‘September 30, 1999’’ and in9 serting in lieu thereof ‘‘September 30, 2000’’.

10 SEC. 3145. EXTENSION OF AUTHORITY OF DEPARTMENT OF

11 ENERGY TO PAY VOLUNTARY SEPARATION

12 INCENTIVE PAYMENTS.

13 (a) EXTENSION.—Notwithstanding subsection

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

15 and General Government Appropriations Act, 1997 (Pub16 lic Law 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597

17 note), the Department of Energy may pay voluntary sepa18 ration incentive payments to qualifying employees who vol19 untarily separate (whether by retirement or resignation)

20 before January 1, 2001.

21 (b) EXERCISE OF AUTHORITY.—The Department

22 shall pay voluntary separation incentive payments under

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

24 section 663.
45

S 2058 RFH

1 SEC. 3146. INSPECTION OF PERMANENT RECORDS PRIOR

2 TO DECLASSIFICATION.

3 Section 3155 of the National Defense Authorization

4 Act for Fiscal Year 1996 (P.L. 104–106) is amended by

5 inserting the following:

6 ‘‘(c) Agencies, including the National Archives and

7 Records Administration, shall conduct a visual inspection

8 of all permanent records of historical value which are 25

9 years old or older prior to declassification to ascertain that

10 they contain no pages with Restricted Data (RD) or For11 merly Restricted Data (FRD) markings (as defined by the

12 Atomic Energy Act of 1954, as amended). Record collec13 tion in which marked RD or FRD is found shall be set

14 aside pending the completion of a review by the Depart15 ment of Energy.’’.

16 SEC. 3147. SENSE OF SENATE REGARDING MEMORANDA OF

17 UNDERSTANDING WITH THE STATE OF OR18 EGON RELATING TO HANFORD.

19 (a) FINDINGS.—The Senate makes the following

20 findings:

21 (1) The Department of Energy and the State of

22 Washington have entered into memoranda of under23 standing with the State of Oregon to provide the

24 State of Oregon greater involvement in decisions re25 garding the Hanford Reservation.
46

S 2058 RFH

1 (2) Hanford has an impact on the State of Or2 egon, and the State of Oregon has an interest in the

3 decisions made regarding Hanford.

4 (3) The Department of Energy and the State of

5 Washington are to be congratulated for entering into

6 the memoranda of understanding with the State of

7 Oregon regarding Hanford.

8 (b) SENSE OF SENATE.—It is the sense of the Senate

9 to—

10 (1) encourage the Department of Energy and

11 the State of Washington to implement the memo12 randa of understanding regarding Hanford in ways

13 that result in continued involvement by the State of

14 Oregon in decisions of concern to the State of Or15 egon regarding Hanford; and

16 (2) encourage the Department of Energy and

17 the State of Washington to continue similar efforts

18 to permit ongoing participation by the State of Or19 egon in the decisions regarding Hanford that may

20 affect the environment or public health or safety of

21 the citizens of the State of Oregon.

22 SEC. 3148. REVIEW OF CALCULATION OF OVERHEAD COSTS

23 OF CLEANUP AT DEPARTMENT OF ENERGY

24 SITES.

25 (a) REVIEW.—(1) The Comptroller General shall—
47

S 2058 RFH

1 (A) carry out a review of the methods currently

2 used by the Department of Energy for calculating

3 overhead costs (including direct overhead costs and

4 indirect overhead costs) associated with the cleanup

5 of Department sites; and

6 (B) pursuant to the review, identify how such

7 costs are allocated among different program and

8 budget accounts of the Department.

9 (2) The review shall include the following:

10 (A) All activities whose costs are spread across

11 other accounts of a Department site or of any con12 tractor performing work at a site.

13 (B) Support service overhead costs, including

14 activities or services which are paid for on a per15 unit-used basis.

16 (C) All fees, awards, and other profit on indi17 rect and support service overhead costs or fees that

18 are not attributed to performance on a single

19 project.

20 (D) Any portion of contractor costs for which

21 there is no competitive bid.

22 (E) All computer service and information man23 agement costs that have been previously reported as

24 overhead costs.
48

S 2058 RFH

1 (F) Any other costs that the Comptroller Gen2 eral considers appropriate to categorize as direct or

3 indirect overhead costs.

4 (b) REPORT.—Not later than January 31, 1999, the

5 Comptroller General shall submit to Congress a report set6 ting forth the findings of the Comptroller as a result of

7 the review under subsection (a). The report shall include

8 the recommendations of the Comptroller regarding means

9 of standardizing the methods used by the Department for

10 allocating and reporting overhead costs associated with the

11 cleanup of Department sites.

12 SEC. 3149. SENSE OF THE CONGRESS ON FUNDING RE13 QUIREMENTS FOR THE NONPROLIFERATION

14 SCIENCE AND TECHNOLOGY ACTIVITIES OF

15 THE DEPARTMENT OF ENERGY.

16 (a) FUNDING REQUIREMENTS FOR THE NON17 PROLIFERATION SCIENCE AND TECHNOLOGY ACTIVITIES

18 BUDGET.—It is the sense of the Congress that for each

19 of the fiscal years 2000 through 2008, it should be an

20 objective of the Secretary of Energy to increase the budget

21 for the nonproliferation science and technology activities

22 for the fiscal year over the budget for those activities for

23 the preceding fiscal year by a percent that is at least two

24 percent above the rate of inflation as determined by the

25 Office of Management and Budget.
49

S 2058 RFH

1 (b) NONPROLIFERATION SCIENCE AND TECHNOLOGY

2 ACTIVITIES DEFINED.—In this section, the term ‘‘non3 proliferation science and technology activities’’ means ac4 tivities (including program direction activities) relating to

5 preventing and countering the proliferation of weapons of

6 mass destruction that are funded by the Department of

7 Energy under the following programs and projects:

8 (1) The Verification and Control Technology

9 program within the Office of Nonproliferation and

10 National Security.

11 (2) Projects under the ‘‘Technology and Sys12 tems Development’’ element of the Nuclear Safe13 guards and Security program within the Office of

14 Nonproliferation and National Security.

15 (3) Projects relating to a national capability to

16 assess the credibility of radiological and extortion

17 threats, or to combat nuclear materials trafficking

18 or terrorism, under the Emergency Management

19 program within the Office of Nonproliferation and

20 National Security.

21 (4) Projects relating to the development or inte22 gration of new technology to respond to emergencies

23 and threats involving the presence, or possible pres24 ence, of weapons of mass destruction, radiological
50

S 2058 RFH

1 emergencies, and related terrorist threats, under the

2 Office of Defense Programs.

3 SEC. 3150. DEADLINE FOR SELECTION OF TECHNOLOGY

4 FOR TRITIUM PRODUCTION.

5 (a) DEADLINE.—The Secretary of Energy shall select

6 a technology for the production of tritium not later than

7 December 31, 1998.

8 (b) OPTIONS AVAILABLE FOR SELECTION.—Notwith9 standing any provision of the Atomic Energy Act of 1954

10 (42 U.S.C. 2011 et seq.), after the completion of the De11 partment of Energy’s evaluation of their Interagency Re12 view on the production of tritium, the Secretary shall

13 make the selection for tritium production consistent with

14 the laws, regulations and procedures of the Department

15 of Energy as stated in subsection (a).

16 Subtitle E—Maximum Age for New

17 Department of Energy Nuclear

18 Materials Couriers

19 SEC. 3161. MAXIMUM AGE TO ENTER NUCLEAR COURIER

20 FORCE.

21 Section 3307 of title 5, United States Code, is

22 amended as follows—

23 (1) by striking in subsection (a) ‘‘and (d)’’ and

24 inserting in its place ‘‘(d), (e), and (f)’’; and
51

S 2058 RFH

1 (2) by adding the following new subsection (f)

2 after subsection (e):

3 ‘‘(f) The Secretary of Energy may determine and fix

4 the maximum age limit for an original appointment to a

5 position as a Department of Energy nuclear materials cou6 rier, so defined by section 8331(27) of this title.’’.

7 SEC. 3162. DEFINITION.

8 Section 8331 of title 5, United States Code, is

9 amended by adding the following new paragraph (27)

10 after paragraph (26):

11 ‘‘(27) Department of Energy nuclear materials

12 courier means an employee of the Department of

13 Energy or its predecessor agencies, the duties of

14 whose position are primarily to transport, and pro15 vide armed escort and protection during transit of,

16 nuclear weapons, nuclear weapon components, stra17 tegic quantities of special nuclear materials or other

18 materials related to national security, including an

19 employee who remains fully certified to engage in

20 this activity who is transferred to a supervisory,

21 training, or administrative position.’’.

22 SEC. 3163. AMENDING SECTION 8334(a)(1) OF TITLE 5, U.S.C.

23 (a) The first sentence of section 8334(a)(1) of title

24 5, United States Code, is amended by striking ‘‘and a fire-
52

S 2058 RFH

1 fighter’’, and inserting in its place ‘‘a firefighter, and a

2 Department of Energy nuclear materials courier,’’.

3 (b) Section 8334(c) of title 5, United States Code,

4 is amended by adding the following new schedule after the

5 schedule for a Member of the Capitol Police:

‘‘Department of Energy nuclear materials courier for courier service

(while employed by DOE and its

predecessor agencies).

5 ..........

6 ..........

July 1, 1942 to June 30,

1948.

July 1, 1948 to October

31, 1956.

61⁄2 ...... November 1, 1956 to December 31, 1969.

7 .......... January 1, 1970 to December 31, 1974.

71⁄2 ...... After December 31,

1974.’’.

6 SEC. 3164. AMENDING SECTION 8336(c)(1) OF TITLE 5, U.S.C.

7 Section 8336(c)(1) of title 5, United States Code, is

8 amended by striking ‘‘or firefighter’’ and inserting in its

9 place, ‘‘a firefighter, or a Department of Energy nuclear

10 materials courier,’’.

11 SEC. 3165. AMENDING SECTION 8401 OF TITLE 5, U.S.C.

12 Section 8401 of title 5, United States Code, is

13 amended by adding the following new paragraph (33)

14 after paragraph (32):

15 ‘‘(33) Department of Energy nuclear materials

16 courier means an employee of the Department of

17 Energy or its predecessor agencies, the duties of

18 whose position are primarily to transport, and pro19 vide armed escort and protection during transit of,

20 nuclear weapons, nuclear weapons components, stra-
53

S 2058 RFH

1 tegic quantities of special nuclear materials, or other

2 materials related to national security, including an

3 employee who remains fully certified to engage in

4 this activity who is transferred to a supervisory,

5 training, or administrative position.’’.

6 SEC. 3166. AMENDING SECTION 8412(d) OF TITLE 5, U.S.C.

7 Section 8412(d) of title 5, United States Code, is

8 amended by striking ‘‘or firefighter’’ in paragraphs (1)

9 and (2) and inserting in its place, ‘‘a firefighter, or a De10 partment of Energy nuclear materials courier,’’.

11 SEC. 3167. AMENDING SECTION 8415(g) OF TITLE 5, U.S.C.

12 Section 8415(g) of title 5, United States Code, is

13 amended by striking ‘‘firefighter’’ and inserting in its

14 place ‘‘firefighter, Department of Energy nuclear mate15 rials courier,’’.

16 SEC. 3168. AMENDING SECTION 8422(a)(3) OF TITLE 5, U.S.C.

17 Section 8422(a)(3) of title 5, United States Code, is

18 amended by striking ‘‘firefighter’’ in the schedule and in19 serting in its place ‘‘firefighter, Department of Energy nu20 clear materials courier,’’.

21 SEC. 3169. AMENDING SECTIONS 8423(a) (1)(B)(i) AND (3)(A)

22 OF TITLE 5, U.S.C.

23 Sections 8423(a)(1)(B)(i) and 8423(a)(3)(A) of title

24 5, United States Code, are amended by striking ‘‘Fire-
54

S 2058 RFH

1 fighters’’ and inserting in its place ‘‘firefighters, Depart2 ment of Energy nuclear materials couriers,’’.

3 SEC. 3170. AMENDING SECTION 8335(b) OF TITLE 5, U.S.C.

4 Section 8335(b) of title 5, United States Code, is

5 amended by adding the words ‘‘or Department of Energy

6 Nuclear Materials Couriers’’ after the word ‘‘officer’’ in

7 the second sentence.

8 SEC. 3171. PAYMENTS.

9 Any payments made by the Department of Energy

10 to the Civil Service Retirement or Disability Fund pursu11 ant to this Act shall be made from the Weapons Activities

12 account.

13 SEC. 3172. EFFECTIVE DATE.

14 These amendments are effective at the beginning of

15 the first pay period in fiscal year 2000, and applies only

16 to those employees who retire after fiscal year 1999.

17 TITLE XXXII—DEFENSE NU18 CLEAR FACILITIES SAFETY

19 BOARD

20 SEC. 3201. AUTHORIZATION.

21 There are authorized to be appropriated for fiscal

22 year 1999, $17,500,000 for the operation of the Defense

23 Nuclear Facilities Safety Board under chapter 21 of the

24 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
55

S 2058 RFH

1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. DEFINITIONS.

4 In this title:

5 (1) The term ‘‘National Defense Stockpile’’

6 means the stockpile provided for in section 4 of the

7 Strategic and Critical Materials Stock Piling Act (50

8 U.S.C. 98c).

9 (2) The term ‘‘National Defense Stockpile

10 Transaction Fund’’ means the fund in the Treasury

11 of the United States established under section 9(a)

12 of the Strategic and Critical Materials Stock Piling

13 Act (50 U.S.C. 98h(a)).

14 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

15 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis16 cal year 1999, the National Defense Stockpile Manager

17 may obligate up to $83,000,000 of the funds in the Na18 tional Defense Stockpile Transaction Fund for the author19 ized uses of such funds under section 9(b)(2) of the Stra20 tegic and Critical Materials Stock Piling Act (50 U.S.C.

21 98h(b)(2)), including the disposal of hazardous materials

22 that are environmentally sensitive.

23 (b) ADDITIONAL OBLIGATIONS.—The National De24 fense Stockpile Manager may obligate amounts in excess

25 of the amount specified in subsection (a) if the National
56

S 2058 RFH

1 Defense Stockpile Manager notifies Congress that extraor2 dinary or emergency conditions necessitate the additional

3 obligations. The National Defense Stockpile Manager may

4 make the additional obligations described in the notifica5 tion after the end of the 45-day period beginning on the

6 date Congress receives the notification.

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

8 section shall be subject to such limitations as may be pro9 vided in appropriations Acts.

10 SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATE11 RIALS IN NATIONAL DEFENSE STOCKPILE.

12 (a) DISPOSAL REQUIRED.—Subject to subsection (c),

13 the President shall dispose of materials contained in the

14 National Defense Stockpile and specified in the table in

15 subsection (b) so as to result in receipts to the United

16 States in the amount of $103,000,000 by the end of fiscal

17 year 1999 and $377,000,000 by the end of fiscal year

18 2003.

19 (b) LIMITATION ON DISPOSAL QUANTITY.—The total

20 quantities of materials authorized for disposal by the

21 President under subsection (a) may not exceed the

22 amounts set forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Beryllium Metal, vacuum cast .............................................. 227 short tons

Chromium Metal—EL .......................................................... 8,511 short tons

Columbium Carbide Powder ................................................. 21,372 pounds contained

Columbium Ferro .................................................................. 249,395 pounds contained
57

S 2058 RFH

Authorized Stockpile Disposals—Continued

Material for disposal Quantity

Columbium Concentrates ...................................................... 1,733,454 pounds contained

Chromium Ferroalloy ............................................................ 92,000 short tons

Diamond, Stones ................................................................... 3,000,000 carats

Germanium Metal ................................................................. 28,198 kilograms

Indium ................................................................................... 14,248 troy ounces

Palladium .............................................................................. 1,227,831 troy ounces

Platinum ............................................................................... 439,887 troy ounces

Tantalum Carbide Powder .................................................... 22,681 pounds contained

Tantalum Metal Powder ....................................................... 50,000 pounds contained

Tantalum Minerals ................................................................ 1,751,364 pounds contained

Tantalum Oxide .................................................................... 122,730 pounds contained

Tungsten Ferro ..................................................................... 2,024,143 pounds

Tungsten Carbide Powder .................................................... 2,032,954 pounds

Tungsten Metal Powder ........................................................ 1,898,009 pounds

Tungsten Ores & Concentrates ............................................. 76,358,230 pounds.

1 (c) MINIMIZATION OF DISRUPTION AND LOSS.—The

2 President may not dispose of materials under subsection

3 (a) to the extent that the disposal will result in—

4 (1) undue disruption of the usual markets of

5 producers, processors, and consumers of the mate6 rials proposed for disposal; or

7 (2) avoidable loss to the United States.

8 (d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR9 ITY.—The disposal authority provided in subsection (a) is

10 new disposal authority and is in addition to, and shall not

11 affect, any other disposal authority provided by law re12 garding the materials specified in such subsection.

13 (e) AUTHORIZATION OF SALE.—The authority pro14 vided by this section to dispose of materials contained in

15 the National Defense Stockpile so as to result in receipts

16 of $100,000,000 of the amount specified for fiscal year
58

S 2058 RFH

1 1999 in subsection (a) by the end of that fiscal year shall

2 be effective only to the extent provided in advance in ap3 propriation Acts.

4 SEC. 3304. USE OF STOCKPILE FUNDS FOR CERTAIN ENVI5 RONMENTAL REMEDIATION, RESTORATION,

6 WASTE MANAGEMENT, AND COMPLIANCE AC7 TIVITIES.

8 Section 9(b)(2) of the Strategic and Critical Mate9 rials Stock Piling Act (50 U.S.C. 98h(b)(2)) is amended—

10 (1) by redesignating subparagraphs (J) and (K)

11 as subparagraphs (K) and (L), respectively; and

12 (2) by inserting after subparagraph (I) the fol13 lowing new subparagraph (J):

14 ‘‘(J) Performance of environmental remedi15 ation, restoration, waste management, or compliance

16 activities at locations of the stockpile that are re17 quired under a Federal law or are undertaken by the

18 Government under an administrative decision or ne19 gotiated agreement.’’.

20 TITLE XXXIV—NAVAL

21 PETROLEUM RESERVES

22 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

23 (a) AMOUNT.—There is hereby authorized to be ap24 propriated to the Secretary of Energy $117,000,000 for

25 fiscal year 1999 for the purposes of carrying out—
59

S 2058 RFH

1 (1) activities under chapter 641 of title 10,

2 United States Code, relating to the naval petroleum

3 reserves (as defined in section 7420(2) of such title);

4 and

5 (2) activities necessary to terminate the admin6 istration of Naval Petroleum Reserve Numbered 1

7 by the Secretary after the sale of that reserve under

8 subtitle B of title XXXIV of the National Defense

9 Authorization Act for Fiscal Year 1996 (Public Law

10 104–106; 10 U.S.C. 7420 note).

11 (b) AVAILABILITY.—Funds appropriated pursuant to

12 the authorization in subsection (a) shall remain available

13 until expended.

14 TITLE XXXV—PANAMA CANAL

15 COMMISSION

16 SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL

17 ACT OF 1979.

18 (a) SHORT TITLE.—This title may be cited as the

19 ‘‘Panama Canal Commission Authorization Act for Fiscal

20 Year 1999’’.

21 (b) REFERENCES TO PANAMA CANAL ACT OF

22 1979.—Except as otherwise expressly provided, whenever

23 in this title an amendment or repeal is expressed in terms

24 of an amendment to, or repeal of, a section or other provi25 sion, the reference shall be considered to be made to a
60

S 2058 RFH

1 section or other provision of the Panama Canal Act of

2 1979 (22 U.S.C. 3601 et seq.).

3 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

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

5 Panama Canal Commission is authorized to use amounts

6 in the Panama Canal Revolving Fund to make such ex7 penditures within the limits of funds and borrowing au8 thority available to it in accordance with law, and to make

9 such contracts and commitments, as may be necessary

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

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

12 administration of the Panama Canal for fiscal year 1999.

13 (b) LIMITATIONS.—For fiscal year 1999, the Panama

14 Canal Commission may expend from funds in the Panama

15 Canal Revolving Fund not more than $90,000 for official

16 reception and representation expenses, of which—

17 (1) not more than $28,000 may be used for of18 ficial reception and representation expenses of the

19 Supervisory Board of the Commission;

20 (2) not more than $14,000 may be used for of21 ficial reception and representation expenses of the

22 Secretary of the Commission; and

23 (3) not more than $48,000 may be used for of24 ficial reception and representation expenses of the

25 Administrator of the Commission.
61

S 2058 RFH

1 SEC. 3503. PURCHASE OF VEHICLES.

2 Notwithstanding any other provision of law, the

3 funds available to the Commission shall be available for

4 the purchase and transportation to the Republic of Pan5 ama of passenger motor vehicles, the purchase price of

6 which shall not exceed $23,000 per vehicle.

7 SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH

8 TREATIES.

9 Expenditures authorized under this title may be made

10 only in accordance with the Panama Canal Treaties of

11 1977 and any law of the United States implementing

12 those treaties.

13 SEC. 3505. DONATIONS TO THE COMMISSION.

14 Section 1102b (22 U.S.C. 3612b) is amended by add15 ing at the end the following new subsection:

16 ‘‘(f)(1) The Commission may seek and accept dona17 tions of funds, property, and services from individuals,

18 foundations, corporations, and other private and public en19 tities for the purpose of carrying out its promotional ac20 tivities.

21 ‘‘(2) The Commission shall establish written guide22 lines setting forth the criteria to be used in determining

23 whether the acceptance of funds, property, or services au24 thorized by paragraph (1) would reflect unfavorably upon

25 the ability of the Commission (or any employee of the

26 Commission) to carry out its responsibilities or official du-
62

S 2058 RFH

1 ties in a fair and objective manner or would compromise

2 the integrity or the appearance of the integrity of its pro3 grams or of any official in those programs.’’.

4 SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE

5 POST-TRANSFER ADMINISTRATIVE SERVICES

6 FOR CERTAIN EMPLOYEE BENEFITS.

7 Section 1110 (22 U.S.C. 3620) is amended by adding

8 at the end the following new subsection:

9 ‘‘(c)(1) The Secretary of State may enter into one

10 or more agreements to provide for the United States to

11 furnish administrative services relating to the benefits de12 scribed in paragraph (2) after December 31, 1999, and

13 to establish appropriate procedures for providing advance

14 funding for the services.

15 ‘‘(2) The benefits referred to in paragraph (1) are

16 the following:

17 ‘‘(A) Pension, disability, and medical benefits

18 provided by the Panama Canal Commission pursu19 ant to section 1245.

20 ‘‘(B) Compensation for work injuries covered by

21 chapter 81 of title 5, United States Code.’’.

22 SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENE23 FITS JUST BEFORE TRANSFER.

24 (a) REPEALS.—Effective 11:59 p.m. (Eastern Stand25 ard Time), December 30, 1999, the following provisions
63

S 2058 RFH

1 are repealed and any right or condition of employment

2 provided for in, or arising from, those provisions is termi3 nated: sections 1206 (22 U.S.C. 3646), 1207 (22 U.S.C.

4 3647), 1217(a), (22 U.S.C. 3657(a)), and 1224(11) (22

5 U.S.C. 3664(11)), subparagraphs (A), (B), (F), (G), and

6 (H) of section 1231(a)(2) (22 U.S.C. 3671(a)(2)) and sec7 tion 1321(e) (22 U.S.C. 3731(e)).

8 (b) SAVINGS PROVISION FOR BASIC PAY.—Notwith9 standing subsection (a), benefits based on basic pay, as

10 listed in paragraphs (1), (2), (3), (5), and (6) of section

11 1218 of the Panama Canal Act of 1979, shall be paid as

12 if sections 1217(a) and 1231(a)(2) (A) and (B) of that

13 Act had been repealed effective 12:00 p.m., December 31,

14 1999. The exception under the preceding sentence shall

15 not apply to any pay for hours of work performed on De16 cember 31, 1999.

17 (c) NONAPPLICABILITY TO AGENCIES IN PANAMA

18 OTHER THAN PANAMA CANAL COMMISSION.—Section

19 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by striking

20 out ‘‘the Panama Canal Transition Facilitation Act of

21 1997’’ and inserting in lieu thereof ‘‘the Panama Canal

22 Transition Facilitation Act of 1997 (subtitle B of title

23 XXXV of Public Law 105–85; 110 Stat. 2062), or the

24 Panama Canal Commission Authorization Act for Fiscal

25 Year 1999’’.
64

S 2058 RFH

1 SEC. 3508. CENTRAL EXAMINING OFFICE.

2 Section 1223 (22 U.S.C. 3663) is repealed.

3 SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.

4 (a) COMMISSION LIABILITY SUBJECT TO CLAIMANT

5 INSURANCE.—(1) Section 1411(a) (22 U.S.C. 3771(a)) is

6 amended by inserting ‘‘to section 1419(b) of this Act and’’

7 after ‘‘Subject’’ in the first sentence.

8 (2) Section 1412 (22 U.S.C. 3772) is amended by

9 striking out ‘‘The Commission’’ in the first sentence and

10 inserting in lieu thereof ‘‘Subject to section 1419(b) of this

11 Act, the Commission’’.

12 (3) Section 1416 (22 U.S.C. 3776) is amended by

13 striking out ‘‘A claimant’’ in the first sentence and insert14 ing in lieu thereof ‘‘Subject to section 1419(b) of this Act,

15 a claimant’’.

16 (b) LIMITATION ON LIABILITY.—Section 1419 (22

17 U.S.C. 3779) is amended by designating the text as sub18 section (a) and by adding at the end the following:

19 ‘‘(b) The Commission may not consider or pay any

20 claim under section 1411 or 1412 of this Act, nor may

21 an action for damages lie thereon, unless the claimant is

22 covered by one or more valid policies of insurance totalling

23 at least $1,000,000 against the injuries specified in those

24 sections. The Commission’s liability on any such claim

25 shall be limited to damages in excess of all amounts recov26 ered or recoverable by the claimant from its insurers. The
65

S 2058 RFH

1 Commission may not consider or pay any claim by an in2 surer or subrogee of a claimant under section 1411 or

3 1412 of this Act.’’.

4 SEC. 3510. PLACEMENT OF UNITED STATES CITIZENS IN

5 POSITIONS WITH THE UNITED STATES GOV6 ERNMENT.

7 Section 1232 (22 U.S.C. 3672) is amended—

8 (1) by striking out subsection (d);

9 (2) by redesignating subsection (c) as sub10 section (d); and

11 (3) by inserting after subsection (b) the follow12 ing new subsection (c):

13 ‘‘(c)(1) Upon the request of an employee or former

14 employee of the Panama Canal Commission described in

15 paragraph (2), the employee shall be afforded eligibility

16 for appointment on a noncompetitive basis to vacant posi17 tions in the competitive service of the civil service within—

18 ‘‘(A) an area determined by the Director of the

19 Office of Personnel Management as being within a

20 reasonable commuting distance of the employee’s

21 residence; or

22 ‘‘(B) in the case of an employee in the Republic

23 of Panama who chooses to so designate, any Stand24 ard Federal Region designated by the employee.

25 ‘‘(2) Paragraph (1) applies to a person who—
66

S 2058 RFH

1 ‘‘(A) is a citizen of the United States;

2 ‘‘(B) was an employee of the Panama Canal

3 Commission on or after July 1, 1998; and

4 ‘‘(C) is in receipt of a notice of separation by

5 reason of a reduction in force.

6 ‘‘(3) A person’s eligibility for a noncompetitive ap7 pointment under paragraph (1) expires one year after the

8 date of the separation of that person from employment

9 by the Panama Canal Commission.

10 ‘‘(4) For the purposes of paragraph (2)(B), an em11 ployee of the dissolution office established to manage Pan12 ama Canal Commission Dissolution Fund established by

13 section 1305 is an employee of the Panama Canal Com14 mission.

15 ‘‘(5) In this subsection, the terms ‘civil service’ and

16 ‘competitive service’ have the meanings given such terms

17 in sections 2101(1) and 2102, respectively, of title 5,

18 United States Code.’’.

19 SEC. 3511. PANAMA CANAL BOARD OF CONTRACT APPEALS.

20 (a) ESTABLISHMENT AND PAY OF BOARD.—Section

21 3102(a) (22 U.S.C. 3862(a)) is amended—

22 (1) in paragraph (1), by striking out ‘‘shall’’ in

23 the first sentence and inserting in lieu thereof

24 ‘‘may’’; and
67

S 2058 RFH

1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(3) Compensation for members of the Board of Con4 tract Appeals shall be established by the Commission’s su5 pervisory board. The annual compensation established for

6 members may not exceed the rate of basic pay established

7 for level IV of the Executive Schedule under section 5315

8 of title 5, United States Code. The compensation of a

9 member may not be reduced during the member’s term

10 of office from the level established at the time of the ap11 pointment of the member.’’.

12 (b) DEADLINE FOR COMMENCEMENT OF BOARD.—

13 Section 3102(e) (22 U.S.C. 3862(e)) is amended by strik14 ing out ‘‘, but not later than January 1, 1999’’.

15 SEC. 3512. TECHNICAL AMENDMENTS.

16 (a) PANAMA CANAL ACT OF 1979.—The Panama

17 Canal Act of 1979 is amended as follows:

18 (1) Section 1202(c) (22 U.S.C. 3642(c)) is

19 amended—

20 (A) by striking out ‘‘the day before the

21 date of the enactment of the Panama Canal

22 Transition Facilitation Act of 1997’’ and insert23 ing in lieu thereof ‘‘November 17, 1997,’’;

24 (B) by striking out ‘‘on or after that

25 date’’; and
68

S 2058 RFH

1 (C) by striking out ‘‘the day before the

2 date of enactment’’ and inserting in lieu thereof

3 ‘‘that date’’.

4 (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3))

5 is amended by inserting ‘‘the’’ after ‘‘by the head

6 of’’.

7 (3) Section 1313 (22 U.S.C. 3723) is amended

8 by striking out ‘‘subsection (d)’’ in each of sub9 sections (a), (b), and (d) and inserting in lieu there10 of ‘‘subsection (c)’’.

11 (4) Sections 1411(a) and 1412 (22 U.S.C.

12 3771(a), 3772) are amended by striking out ‘‘the

13 date of the enactment of the Panama Canal Transi14 tion Facilitation Act of 1997’’ and inserting in lieu

15 thereof ‘‘by November 18, 1998’’.

16 (5) Section 1416 (22 U.S.C. 3776) is amended

17 by striking out ‘‘the date of the enactment of the

18 Panama Canal Transition Facilitation Act of 1997’’

19 and inserting in lieu thereof ‘‘by May 17, 1998’’.

20 (b) PUBLIC LAW 104–201.—Effective as of Septem21 ber 23, 1996, and as if included therein as enacted, section

22 3548(b)(3) of the Panama Canal Act Amendments of

23 1996 (subtitle B of title XXXV of Public Law 104–201;

24 110 Stat. 2869) is amended by striking out ‘‘section’’ in
69

S 2058 RFH

1 both items of quoted matter and inserting in lieu thereof

2 ‘‘sections’’.

3 SEC. 3513. OFFICER OF THE DEPARTMENT OF DEFENSE

4 DESIGNATED AS A MEMBER OF THE PANAMA

5 CANAL COMMISSION SUPERVISORY BOARD.

6 (a) AUTHORITY.—Section 1102(a) (22 U.S.C.

7 3612(a)) is amended—

8 (1) by striking out the first sentence and insert9 ing in lieu thereof the following: ‘‘The Commission

10 shall be supervised by a Board composed of nine

11 members. An officer of the Department of Defense

12 designated by the Secretary of Defense shall be one

13 of the members of the Board.’’; and

14 (2) in the last sentence, by striking out ‘‘Sec15 retary of Defense or a designee of the Secretary of

16 Defense’’ and inserting in lieu thereof ‘‘the officer of

17 the Department of Defense designated by the Sec18 retary of Defense to be a member of the Board’’.

19 (b) REPEAL OF SUPERSEDED PROVISION.—Section

20 302 of Public Law 105–18 (111 Stat. 168) is repealed.
70

S 2058 RFH

1 TITLE XXXVI—COMMERCIAL AC2 TIVITIES OF PEOPLE’S LIB3 ERATION ARMY

4 SEC. 3601. APPLICATION OF AUTHORITIES UNDER THE

5 INTERNATIONAL EMERGENCY ECONOMIC

6 POWERS ACT TO CHINESE MILITARY COMPA7 NIES.

8 (a) DETERMINATION OF COMMUNIST CHINESE MILI9 TARY COMPANIES.—

10 (1) IN GENERAL.—Subject to paragraphs (2)

11 and (3), not later than 90 days after the date of the

12 enactment of this Act, the Secretary of Defense, in

13 consultation with the Attorney General, the Director

14 of Central Intelligence, and the Director of the Fed15 eral Bureau of Investigation, shall compile a list of

16 persons who are Communist Chinese military compa17 nies and who are operating directly or indirectly in

18 the United States or any of its territories and pos19 sessions, and shall publish the list of such persons

20 in the Federal Register. On an ongoing basis, the

21 Secretary of Defense, in consultation with the Attor22 ney General, the Director of Central Intelligence,

23 and the Director of the Federal Bureau of Investiga24 tion, shall make additions or deletions to the list

25 based on the latest information available.
71

S 2058 RFH

1 (2) COMMUNIST CHINESE MILITARY COM2 PANY.—For purposes of making the determination

3 required by paragraph (1), the term ‘‘Communist

4 Chinese military company’’—

5 (A) means a person that is—

6 (i) engaged in providing commercial

7 services, manufacturing, producing, or ex8 porting, and

9 (ii) owned or controlled by the Peo10 ple’s Liberation Army, and

11 (B) includes, but is not limited to, any per12 son identified in the United States Defense In13 telligence Agency publication numbered VP–

14 1920–271–90, dated September 1990, or PC–

15 1921–57–95, dated October 1995, and any up16 date of such reports for the purposes of this

17 title.

18 (b) PRESIDENTIAL AUTHORITY.—

19 (1) AUTHORITY.—The President may exercise

20 the authorities set forth in section 203(a) of the

21 International Emergency Economic Powers Act (50

22 U.S.C. 1702(a)) with respect to any commercial ac23 tivity in the United States by a Communist Chinese

24 military company (except with respect to authorities
72

S 2058 RFH

1 relating to importation), without regard to section

2 202 of that Act.

3 (2) PENALTIES.—The penalties set forth in sec4 tion 206 of the International Emergency Economic

5 Powers Act (50 U.S.C. 1705) shall apply to viola6 tions of any license, order, or regulation issued

7 under paragraph (1).

8 SEC. 3602. DEFINITION.

9 For purposes of this title, the term ‘‘People’s Libera10 tion Army’’ means the land, naval, and air military serv11 ices, the police, and the intelligence services of the Com12 munist Government of the People’s Republic of China, and

13 any member of any such service or of such police.

14 TITLE XXXVII—FORCED OR

15 INDENTURED LABOR

16 SEC. 3701. FINDINGS.

17 Congress makes the following findings:

18 (1) The United States Customs Service has

19 identified goods, wares, articles, and merchandise

20 mined, produced, or manufactured under conditions

21 of convict labor, forced labor, or indentured labor, in

22 several countries.

23 (2) The United States Customs Service has

24 made limited attempts to prohibit the import of

25 products made with forced labor, resulting in only a
73

S 2058 RFH

1 few seizures, detention orders, fines, and criminal

2 prosecutions.

3 (3) The United States Customs Service has

4 taken 21 formal administrative actions in the form

5 of detention orders against different products des6 tined for the United States market, found to have

7 been made with forced labor, including products

8 from the People’s Republic of China.

9 (4) However, the United States Customs Serv10 ice has never formally investigated or pursued en11 forcement with respect to attempts to import prod12 ucts made with forced or indentured child labor.

13 (5) The United States Customs Service can use

14 additional resources and tools to obtain the timely

15 and in-depth verification necessary to identify and

16 interdict products made with forced labor or inden17 tured labor, including forced or indentured child

18 labor, that are destined for the United States mar19 ket.

20 (6) The International Labor Organization esti21 mates that approximately 250,000,000 children be22 tween the ages of 5 and 14 are working in develop23 ing countries, including millions of children in bond24 age or otherwise forced to work for little or no pay.
74

S 2058 RFH

1 (7) Congress has clearly indicated in Public

2 Law 105–61, Treasury-Postal Service Appropria3 tions, 1998, that forced or indentured child labor

4 constitutes forced labor under section 307 of the

5 Tariff Act of 1930 (19 U.S.C. 1307).

6 SEC. 3702. AUTHORIZATION FOR ADDITIONAL CUSTOMS

7 PERSONNEL TO MONITOR THE IMPORTATION

8 OF PRODUCTS MADE WITH FORCED OR IN9 DENTURED LABOR.

10 There are authorized to be appropriated $2,000,000

11 for fiscal year 1999 to the United States Customs Service

12 to monitor the importation of products made with forced

13 labor or indentured labor, including forced or indentured

14 child labor, the importation of which violates section 307

15 of the Tariff Act of 1930 or section 1761 of title 18,

16 United States Code.

17 SEC. 3703. REPORTING REQUIREMENT ON FORCED LABOR

18 OR INDENTURED LABOR PRODUCTS DES19 TINED FOR THE UNITED STATES MARKET.

20 (a) REPORT TO CONGRESS.—Not later than 1 year

21 after the date of enactment of this Act, the Commissioner

22 of Customs shall prepare and transmit to Congress a re23 port on products made with forced labor or indentured

24 labor, including forced or indentured child labor that are

25 destined for the United States market.
75

S 2058 RFH

1 (b) CONTENTS OF REPORT.—The report under sub2 section (a) shall include information concerning the follow3 ing:

4 (1) The extent of the use of forced labor or in5 dentured labor, including forced or indentured child

6 labor in manufacturing or mining products destined

7 for the United States market.

8 (2) The volume of products made or mined with

9 forced labor or indentured labor, including forced or

10 indentured child labor that is—

11 (A) destined for the United States market,

12 (B) in violation of section 307 of the Tariff

13 Act of 1930 or section 1761 of title 18, United

14 States Code, and

15 (C) seized by the United States Customs

16 Service.

17 (3) The progress of the United States Customs

18 Service in identifying and interdicting products

19 made with forced labor or indentured labor, includ20 ing forced or indentured child labor that are des21 tined for the United States market.

22 SEC. 3704. RENEGOTIATING MEMORANDA OF UNDER23 STANDING ON FORCED LABOR.

24 It is the sense of Congress that the President should

25 determine whether any country with which the United
76

S 2058 RFH

1 States has a memorandum of understanding with respect

2 to reciprocal trade that involves goods made with forced

3 labor or indentured labor, including forced or indentured

4 child labor is frustrating implementation of the memoran5 dum. If an affirmative determination be made, the Presi6 dent should immediately commence negotiations to replace

7 the current memorandum of understanding with one pro8 viding for effective procedures for the monitoring of forced

9 labor or indentured labor, including forced or indentured

10 child labor. The memorandum of understanding should in11 clude improved procedures for requesting investigations of

12 suspected work sites by international monitors.

13 TITLE XXXVIII—FAIR TRADE IN

14 AUTOMOTIVE PARTS

15 SEC. 3801. SHORT TITLE.

16 This title may be cited as the ‘‘Fair Trade in Auto17 motive Parts Act of 1998’’.

18 SEC. 3802. DEFINITIONS.

19 In this title:

20 (1) JAPANESE MARKETS.—The term ‘‘Japanese

21 markets’’ refers to markets, including markets in the

22 United States and Japan, where automotive parts

23 and accessories, both original equipment and

24 aftermarket, are purchased for use in the manufac25 ture or repair of Japanese automobiles.
77

S 2058 RFH

1 (2) JAPANESE AND OTHER ASIAN MARKETS.—

2 The term ‘‘Japanese and other Asian markets’’ re3 fers to markets, including markets in the United

4 States, Japan, and other Asian countries, where

5 automotive parts and accessories, both original

6 equipment and aftermarket, are purchased for use in

7 the manufacture or repair of Japanese, American, or

8 other Asian automobiles.

9 SEC. 3803. RE-ESTABLISHMENT OF INITIATIVE ON AUTO10 MOTIVE PARTS SALES TO JAPAN.

11 (a) IN GENERAL.—The Secretary of Commerce shall

12 re-establish the initiative to increase the sale of United

13 States made automotive parts and accessories to Japanese

14 markets.

15 (b) FUNCTIONS.—In carrying out this section, the

16 Secretary shall—

17 (1) foster increased access for United States

18 made automotive parts and accessories to Japanese

19 companies, including specific consultations on access

20 to Japanese markets;

21 (2) facilitate the exchange of information be22 tween United States automotive parts manufacturers

23 and the Japanese automobile industry;

24 (3) collect data and market information on the

25 Japanese automotive industry regarding needs,
78

S 2058 RFH

1 trends, and procurement practices, including the

2 types, volume, and frequency of parts sales to Japa3 nese automobile manufacturers;

4 (4) establish contacts with Japanese automobile

5 manufacturers in order to facilitate contact between

6 United States automotive parts manufacturers and

7 Japanese automobile manufacturers;

8 (5) report on and attempt to resolve disputes,

9 policies or practices, whether public or private, that

10 result in barriers to increased commerce between

11 United States automotive parts manufacturers and

12 Japanese automobile manufacturers;

13 (6) take actions to initiate periodic consulta14 tions with officials of the Government of Japan re15 garding sales of United States-made automotive

16 parts in Japanese markets; and

17 (7) transmit to Congress the annual report pre18 pared by the Special Advisory Committee under sec19 tion 3804(c)(5).

20 SEC. 3804. ESTABLISHMENT OF SPECIAL ADVISORY COM21 MITTEE ON AUTOMOTIVE PARTS SALES IN

22 JAPANESE AND OTHER ASIAN MARKETS.

23 (a) IN GENERAL.—The Secretary of Commerce shall

24 seek the advice of the United States automotive parts in25 dustry in carrying out this title.
79

S 2058 RFH

1 (b) ESTABLISHMENT OF COMMITTEE.—The Sec2 retary of Commerce shall establish a Special Advisory

3 Committee for purposes of carrying out this title.

4 (c) FUNCTIONS.—The Special Advisory Committee

5 established under subsection (b) shall—

6 (1) report to the Secretary of Commerce on

7 barriers to sales of United States-made automotive

8 parts and accessories in Japanese and other Asian

9 markets;

10 (2) review and consider data collected on sales

11 of United States-made automotive parts and acces12 sories in Japanese and other Asian markets;

13 (3) advise the Secretary of Commerce during

14 consultations with other governments on issues con15 cerning sales of United States-made automotive

16 parts in Japanese and other Asian markets;

17 (4) assist in establishing priorities for the ini18 tiative established under section 3803, and otherwise

19 provide assistance and direction to the Secretary of

20 Commerce in carrying out the intent of that section;

21 and

22 (5) assist the Secretary in reporting to Con23 gress by submitting an annual written report to the

24 Secretary on the sale of United States-made auto25 motive parts in Japanese and other Asian markets,
80

S 2058 RFH

1 as well as any other issues with respect to which the

2 Committee provides advice pursuant to this title.

3 (d) AUTHORITY.—The Secretary of Commerce shall

4 draw on existing budget authority in carrying out this

5 title.

6 SEC. 3805. EXPIRATION DATE.

7 The authority under this title shall expire on Decem8 ber 31, 2003.

9 TITLE XXXIX —RADIO FREE ASIA

10 SEC. 3901. SHORT TITLE.

11 This title may be cited as the ‘‘Radio Free Asia Act

12 of 1998’’.

13 SEC. 3902. FINDINGS.

14 The Congress makes the following findings:

15 (1) The Government of the People’s Republic of

16 China systematically controls the flow of information

17 to the Chinese people.

18 (2) The Government of the People’s Republic of

19 China demonstrated that maintaining its monopoly

20 on political power is a higher priority than economic

21 development by announcing in January 1996 that its

22 official news agency, Xinhua, will supervise wire

23 services selling economic information, including Dow

24 Jones-Telerate, Bloomberg, and Reuters Business,

25 and in announcing in February 1996 the ‘‘Interim
81

S 2058 RFH

1 Internet Management Rules’’, which have the effect

2 of censoring computer networks.

3 (3) Under the May 30, 1997, order of Premier

4 Li Peng, all organizations that engage in business

5 activities related to international computer net6 working must now apply for a license, increasing

7 still further government control over access to the

8 Internet.

9 (4) Both Radio Free Asia and the Voice of

10 America, as a surrogate for a free press in the Peo11 ple’s Republic of China, provide an invaluable source

12 of uncensored information to the Chinese people, in13 cluding objective and authoritative news of in-coun14 try and regional events, as well as accurate news

15 about the United States and its policies.

16 (5) Enhanced broadcasting service to China and

17 Tibet can efficiently be established through a com18 bination of Radio Free Asia and Voice of America

19 programming.

20 (6) Radio Free Asia and Voice of America, in

21 working toward continuously broadcasting to the

22 People’s Republic of China in multiple languages,

23 have the capability to establish 24-hour-a-day Man24 darin broadcasting to that nation by staggering the

25 hours of Radio Free Asia and Voice of America.
82

S 2058 RFH

1 (7) Simultaneous broadcastings on Voice of

2 America radio and Worldnet television 7 days a

3 week in Mandarin are also important and needed ca4 pabilities.

5 SEC. 3903. AUTHORIZATION OF APPROPRIATIONS FOR IN6 CREASED FUNDING FOR RADIO FREE ASIA

7 AND VOICE OF AMERICA BROADCASTING TO

8 CHINA.

9 (a) AUTHORIZATION OF APPROPRIATIONS FOR RADIO

10 FREE ASIA.—

11 (1) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated for ‘‘Radio

13 Free Asia’’ $30,000,000 for fiscal year 1998 and

14 $22,000,000 for fiscal year 1999.

15 (2) LIMITATIONS.—Of the funds under para16 graph (1) authorized to be appropriated for fiscal

17 year 1998, $8,000,000 is authorized to be appro18 priated for one-time capital costs.

19 (3) SENSE OF CONGRESS.—It is the sense of

20 Congress that of the funds under paragraph (1), a

21 significant amount shall be directed towards broad22 casting to China and Tibet in the appropriate lan23 guages and dialects.

24 (b) AUTHORIZATION OF APPROPRIATIONS FOR

25 INTERNATIONAL BROADCASTING TO CHINA.—In addition
83

S 2058 RFH

1 to such sums as are otherwise authorized to be appro2 priated for ‘‘International Broadcasting Activities’’ for fis3 cal years 1998 and 1999, there are authorized to be ap4 propriated for ‘‘International Broadcasting Activities’’

5 $5,000,000 for fiscal year 1998 and $3,000,000 for fiscal

6 year 1999, which shall be available only for enhanced

7 Voice of America broadcasting to China. Of the funds au8 thorized under this subsection $100,000 is authorized to

9 be appropriated for each of the fiscal years 1998 and 1999

10 for additional personnel to staff Hmong language broad11 casting.

12 (c) AUTHORIZATION OF APPROPRIATIONS FOR RADIO

13 CONSTRUCTION.—In addition to such sums as are other14 wise authorized to be appropriated for ‘‘Radio Construc15 tion’’ for fiscal years 1998 and 1999, there are authorized

16 to be appropriated for ‘‘Radio Construction’’ $10,000,000

17 for fiscal year 1998 and $2,000,000 for fiscal year 1999,

18 which shall be available only for construction in support

19 of enhanced broadcasting to China, including the timely

20 augmentation of transmitters at Tinian, the Common21 wealth of the Northern Mariana Islands.

22 SEC. 3904. REPORTING REQUIREMENT.

23 (a) REPORT.—Not later than 90 days after the date

24 of enactment of this Act, the Broadcasting Board of Gov25 ernors shall prepare and submit to the appropriate con-
84

S 2058 RFH

1 gressional committees an assessment of the board’s efforts

2 to increase broadcasting by Radio Free Asia and Voice

3 of America to China and Tibet. This report shall include

4 an analysis of Chinese government control of the media,

5 the ability of independent journalists and news organiza6 tions to operate in China, and the results of any research

7 conducted to quantify listenership.

8 (b) PURPOSES.—For purposes of this section, appro9 priate congressional committees are defined as the Senate

10 Committees on Foreign Relations and Appropriations and

11 the House Committees on International Relations and Ap12 propriations.

Passed the Senate June 25, 1998.

Attest: GARY SISCO,

Secretary.