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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2552 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 546
106th CONGRESS
  2d Session
                                S. 2552

To authorize appropriations for fiscal year 2001 for defense activities 
          of the Department of Energy, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2000

   Mr. Warner, from the Committee on Armed Services, reported, under 
 authority of the order of the Senate of May 11th, 2000, the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
To authorize appropriations for fiscal year 2001 for defense activities 
          of the Department of Energy, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 2001''.

SEC. 2. TABLE OF CONTENTS.

    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. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Energy employees compensation initiative.
Sec. 3106. Defense nuclear waste disposal.
Sec. 3107. Interim storage activities.
                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. Transfer of defense environmental management funds.
          Subtitle C--National Nuclear Security Administration

Sec. 3131. Term of office of person first appointed as Under Secretary 
                            for Nuclear Security of the Department of 
                            Energy.
Sec. 3132. Membership of Under Secretary for Nuclear Security on the 
                            Joint Nuclear Weapons Council.
Sec. 3133. Scope of authority of Secretary of Energy to modify 
                            organization of National Nuclear Security 
                            Administration.
Sec. 3134. Prohibition on pay of personnel engaged in concurrent 
                            service or duties inside and outside 
                            National Nuclear Security Administration.
Sec. 3135. Organization plan for field offices of the National Nuclear 
                            Security Administration.
Sec. 3136. Future-years nuclear security program.
Sec. 3137. Cooperative research and development of the National Nuclear 
                            Security Administration.
   Subtitle D--Program Authorizations, Restrictions, and Limitations

Sec. 3151. Processing, treatment, and disposition of legacy nuclear 
                            materials.
Sec. 3152. Formerly Utilized Sites Remedial Action Program.
Sec. 3153. Department of Energy defense nuclear nonproliferation 
                            programs.
Sec. 3154. Modification of counterintelligence polygraph program.
Sec. 3155. Employee incentives for employees at closure project 
                            facilities.
                       Subtitle E--Other Matters

Sec. 3171. Extension of authority for appointment of certain 
                            scientific, engineering, and technical 
                            personnel.
Sec. 3172. Updates of report on nuclear test readiness postures.
Sec. 3173. Frequency of reports on inadvertent releases of Restricted 
                            Data and Formerly Restricted Data.
Sec. 3174. Form of certifications regarding the safety or reliability 
                            of the nuclear weapons stockpile.
Sec. 3175. Engineering and manufacturing research, development, and 
                            demonstration by plant managers of certain 
                            nuclear weapons production plants.
Sec. 3176. Cooperative research and development agreements for 
                            government-owned, contractor-operated 
                            laboratories.
Sec. 3177. Commendation of Department of Energy and contractor 
                            employees for exemplary service in 
                            stockpile stewardship and security.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.
                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

Sec. 3301. Minimum price of petroleum sold from the naval petroleum 
                            reserves.
Sec. 3302. Repeal of authority to contract for cooperative or unit 
                            plans affecting Naval Petroleum Reserve 
                            Numbered 1.
                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Increased receipts under prior disposal authority.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on National Security and the Committee on 
        Appropriations of the House of Representatives.

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2001 for national nuclear 
security administration in carrying out programs necessary for national 
security in the amount of $6,214,835,000, to be allocated as follows:
            (1) Weapons activities.--For weapons activities necessary 
        for national nuclear security administration, $4,672,800,000, 
        to be allocated as follows:
                    (A) Stewardship operation and maintenance.--For 
                stewardship operation and maintenance in carrying out 
                weapons activities necessary for national nuclear 
                security administration, $3,887,383,000, to be 
                allocated as follows:
                            (i) For directed stockpile work, 
                        $842,603,000.
                            (ii) For campaigns, $1,496,982,000.
                            (iii) For readiness in technical base and 
                        facilities, $1,547,798,000.
                    (B) Secure transportation assets.--For secure 
                transportation assets in carrying out weapons 
                activities necessary for national nuclear security 
                administration, $115,673,000, to be allocated as 
                follows:
                            (i) For operation and maintenance, 
                        $79,357,000.
                            (ii) For program direction (secure 
                        transportation), $36,316,000.
                    (C) Program direction.--For program direction in 
                carrying out weapons activities necessary for national 
                nuclear security administration, $221,257,000.
                    (D) Construction.--For construction (including 
                maintenance, restoration, planning, construction, 
                acquisition, modification of facilities, and the 
                continuation of projects authorized in prior years, and 
                land acquisition related thereto) in carrying out 
                weapons activities necessary for national nuclear 
                security administration, $448,173,000, to be allocated 
                as follows:
                            Project 01-D-101, distributed information 
                        systems laboratory, Sandia National 
                        Laboratories, Livermore, California, 
                        $2,300,000.
                            Project 01-D-103, preliminary project 
                        design and engineering, various locations, 
                        $14,500,000.
                            Project 01-D-124, highly enriched uranium 
                        (HEU) materials facility, Y-12 Plant, Oak 
                        Ridge, Tennessee, $17,800,000.
                            Project 01-D-126, weapons evaluation test 
                        laboratory, Pantex Plant, Amarillo, Texas, 
                        $3,000,000.
                            Project 00-D-103, terascale simulation 
                        facility, Lawrence Livermore National 
                        Laboratory, Livermore, California, $5,000,000.
                            Project 00-D-105, strategic computing 
                        complex, Los Alamos National Laboratory, Los 
                        Alamos, New Mexico, $56,000,000.
                            Project 00-D-107, joint computational 
                        engineering laboratory, Sandia National 
                        Laboratories, Albuquerque, New Mexico, 
                        $6,700,000.
                            Project 99-D-103, isotope sciences 
                        facilities, Lawrence Livermore National 
                        Laboratory, Livermore, California, $5,000,000.
                            Project 99-D-104, protection of real 
                        property (roof reconstruction, Phase II) 
                        Lawrence Livermore National Laboratory, 
                        Livermore, California, $2,800,000.
                            Project 99-D-106, model validation and 
                        systems certification test center, Sandia 
                        National Laboratories, Albuquerque, New Mexico, 
                        $5,200,000.
                            Project 99-D-108, renovate existing 
                        roadways, Nevada Test Site, Nevada, $2,000,000.
                            Project 99-D-125, replace boilers and 
                        controls, Kansas City Plant, Kansas City, 
                        Missouri, $13,000,000.
                            Project 99-D-127, stockpile management 
                        restructuring initiative, Kansas City Plant, 
                        Kansas City, Missouri, $23,765,000.
                            Project 99-D-128, stockpile management 
                        restructuring initiative, Pantex Plant 
                        consolidation, Amarillo, Texas, $4,998,000.
                            Project 99-D-132, stockpile management 
                        restructuring initiative, nuclear materials 
                        safeguards and security upgrades project, Los 
                        Alamos National Laboratory, Los Alamos, New 
                        Mexico, $18,043,000.
                            Project 98-D-123, stockpile management 
                        restructuring initiative, tritium facility 
                        modernization and consolidation, Savannah River 
                        Site, Aiken, South Carolina, $30,767,000.
                            Project 98-D-125, tritium extraction 
                        facility, Savannah River Site, Aiken, South 
                        Carolina, $75,000,000.
                            Project 98-D-126, Accelerator Production of 
                        Tritium (APT), various locations, $34,000,000.
                            Project 97-D-102, dual-axis radiographic 
                        hydrotest facility (DARHT), Los Alamos National 
                        Laboratory, Los Alamos, New Mexico, 
                        $35,232,000.
                            Project 97-D-123, structural upgrades, 
                        Kansas City Plant, Kansas City, Missouri, 
                        $2,918,000.
                            Project 96-D-111, national ignition 
                        facility (NIF), Lawrence Livermore National 
                        Laboratory, Livermore, California, $74,100,000.
                            Project 95-D-102, chemistry and metallurgy 
                        research upgrades project, Los Alamos National 
                        Laboratory, Los Alamos, New Mexico, 
                        $13,337,000.
                            Project 88-D-123, security enhancement, 
                        Pantex Plant, Amarillo, Texas, $2,713,000.
            (2) Defense nuclear nonproliferation.--For defense nuclear 
        nonproliferation necessary for national nuclear security 
        administration, $847,035,000, to be allocated as follows:
                    (A) Nonproliferation and verification research and 
                development.--For nonproliferation and verification 
                research and development technology in carrying out 
                defense nuclear nonproliferation necessary for national 
                nuclear security administration, $262,990,000, to be 
                allocated as follows:
                            (i) For operation and maintenance, 
                        $255,990,000.
                            (ii) For the following plant project 
                        (including maintenance, restoration, planning, 
                        construction, acquisition, modification of 
                        facilities, and the continuation of projects 
                        authorized in prior years, and land acquisition 
                        related thereto), $7,000,000, to be allocated 
                        as follows:
                                    Project 00-D-192, nonproliferation 
                                and international security center 
                                (NISC), Los Alamos National Laboratory, 
                                Los Alamos, New Mexico, $7,000,000.
                    (B) Arms control.--For arms control in carrying out 
                defense nuclear nonproliferation necessary for national 
                nuclear security administration, $308,060,000, to be 
                allocated as follows:
                            (i) For arms control operations, 
                        $272,870,000.
                            (ii) For highly enriched uranium (HEU) 
                        transparency implementation, $15,190,000.
                            (iii) For international nuclear safety, 
                        $20,000,000.
                    (C) Fissile materials disposition.--For fissile 
                materials disposition in carrying out defense nuclear 
                nonproliferation necessary for national nuclear 
                security administration, $224,517,000, to be allocated 
                as follows:
                            (i) For operation and maintenance, 
                        $175,517,000.
                            (ii) For plant projects (including 
                        maintenance, restoration, planning, 
                        construction, acquisition, modification of 
                        facilities, and the continuation of projects 
                        authorized in prior years, and land acquisition 
                        related thereto), $49,000,000, to be allocated 
                        as follows:
                                    Project 00-D-142, immobilization 
                                and associated processing facility, 
                                titles I and II design, Savannah River 
                                Site, Aiken, South Carolina, 
                                $3,000,000.
                                    Project 99-D-141, pit disassembly 
                                and conversion facility, titles I and 
                                II design, Savannah River Site, Aiken, 
                                South Carolina, $31,000,000.
                                    Project 99-D-143, mixed oxide fuel 
                                fabrication facility, titles I and II 
                                design, Savannah River Site, Aiken, 
                                South Carolina, $15,000,000.
                    (D) Program direction.--For program direction in 
                carrying out defense nuclear nonproliferation necessary 
                for national nuclear security administration, 
                $51,468,000.
            (3) Naval reactors.--For naval reactors activities 
        necessary for national nuclear security administration, 
        $695,000,000, to be allocated as follows:
                    (A) Naval reactors development.--For naval reactors 
                development in carrying out naval reactors activities 
                necessary for national nuclear security administration, 
                $673,600,000, to be allocated as follows:
                            (i) For operation and maintenance, 
                        $644,900,000.
                            (ii) For plant projects (including 
                        maintenance, restoration, planning, 
                        construction, acquisition, modification of 
                        facilities, and the continuation of projects 
                        authorized in prior years, and land acquisition 
                        related thereto), $28,700,000, to be allocated 
                        as follows:
                                    Project GPN-101, general plant 
                                projects, various locations, 
                                $11,400,000.
                                    Project 01-D-200, major office 
                                replacement building, Schenectady, New 
                                York, $1,300,000.
                                    Project 90-N-102, expended core 
                                facility dry cell project, Naval 
                                Reactors Facility, Idaho Falls, Idaho, 
                                $16,000,000.
                    (B) Program direction.--For program direction in 
                carrying out naval reactors activities necessary for 
                national nuclear security administration, $21,400,000.

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) In General.--Subject to subsection (b), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 2001 for environmental restoration and waste management activities 
in carrying out programs necessary for national security in the amount 
of $5,501,824,000, to be allocated as follows:
            (1) Closure projects.--For closure projects carried out in 
        accordance with section 3143 of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
        Stat. 2836; 42 U.S.C. 7277n), $1,082,297,000.
            (2) Site/project completion.--For site completion and 
        project completion in carrying out environmental management 
        activities necessary for national security programs, 
        $930,951,000, to be allocated as follows:
                    (A) For operation and maintenance, $861,475,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $69,476,000, to be 
                allocated as follows:
                            Project 01-D-402, Intec cathodic protection 
                        system expansion, Idaho National Engineering 
                        and Environmental Laboratory, Idaho Falls, 
                        Idaho, $500,000.
                            Project 01-D-407, highly enriched uranium 
                        (HEU) blend down, Savannah River Site, Aiken, 
                        South Carolina, $27,932,000.
                            Project 99-D-402, tank farm support 
                        services, F&H areas, Savannah River Site, 
                        Aiken, South Carolina, $7,714,000.
                            Project 99-D-404, health physics 
                        instrumentation laboratory, Idaho National 
                        Engineering and Environmental Laboratory, Idaho 
                        Falls, Idaho, $4,300,000.
                            Project 98-D-453, plutonium stabilization 
                        and handling system for plutonium finishing 
                        plant, Richland, Washington, $1,690,000.
                            Project 97-D-470, regulatory monitoring and 
                        bioassay laboratory, Savannah River Site, 
                        Aiken, South Carolina, $3,949,000.
                            Project 96-D-471, chlorofluorocarbon 
                        heating, ventilation, and air conditioning and 
                        chiller retrofit, Savannah River Site, Aiken, 
                        South Carolina, $12,512,000.
                            Project 92-D-140, F&H canyon exhaust 
                        upgrades, Savannah River Site, Aiken, South 
                        Carolina, $8,879,000.
                            Project 86-D-103, decontamination and waste 
                        treatment facility, Lawrence Livermore National 
                        Laboratory, Livermore, California, $2,000,000.
            (3) Post 2006 completion.--For post-2006 completion in 
        carrying out environmental restoration and waste management 
        activities necessary for national security programs, 
        $3,028,457,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,533,725,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $99,732,000, to be 
                allocated as follows:
                            Project 01-D-403, immobilized high-level 
                        waste interim storage facility, Richland, 
                        Washington, $1,300,000.
                            Project 99-D-403, privatization phase I 
                        infrastructure support, Richland, Washington, 
                        $7,812,000.
                            Project 97-D-402, tank farm restoration and 
                        safe operations, Richland, Washington, 
                        $46,023,000.
                            Project 94-D-407, initial tank retrieval 
                        systems, Richland, Washington, $17,385,000.
                            Project 93-D-187, high-level waste removal 
                        from filled waste tanks, Savannah River Site, 
                        Aiken, South Carolina, $27,212,000.
            (4) Science and technology development.--For science and 
        technology development in carrying out environmental 
        restoration and waste management activities necessary for 
        national security programs, $246,548,000.
            (5) Program direction.--For program direction in carrying 
        out environmental restoration and waste management activities 
        necessary for national security programs, $354,888,000.
    (b) Adjustment.--The total amount authorized to be appropriated by 
subsection (a) is the sum of the amounts authorized to be appropriated 
by paragraphs (1) through (5) of that subsection, reduced by 
$141,317,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    (a) In General.--Subject to subsection (b), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 2001 for other defense activities in carrying out programs 
necessary for national security in the amount of $536,322,000, to be 
allocated as follows:
            (1) Intelligence.--For intelligence in carrying out other 
        defense activities necessary for national security programs, 
        $38,059,000, to be allocated as follows:
                    (A) For operation and maintenance, $36,059,000.
                    (B) For the following plant project (including 
                maintenance, restoration, planning, construction, 
                acquisition, modification of facilities, and the 
                continuation of projects authorized in prior years, and 
                land acquisition related thereto), $2,000,000, to be 
                allocated as follows:
                            Project 01-D-800, sensitive compartmented 
                        information facility, Lawrence Livermore 
                        National Laboratory, Livermore, California, 
                        $2,000,000.
            (2) Counterintelligence.--For counterintelligence in 
        carrying out other defense activities necessary for national 
        security programs, $75,200,000.
            (3) Security and emergency operations.--For security and 
        emergency operations in carrying out other defense activities 
        necessary for national security programs, $281,576,000, to be 
        allocated as follows:
                    (A) For nuclear safeguards and security, 
                $124,409,000.
                    (B) For security investigations, $33,000,000.
                    (C) For emergency management, $37,300,000.
                    (D) For program direction, $86,867,000.
            (4) Independent oversight and performance assurance.--For 
        independent oversight and performance assurance in carrying out 
        other defense activities necessary for national security 
        programs, $14,937,000, to be allocated for program direction.
            (5) Environment, safety, and health, defense.--For 
        environment, safety, and health, defense, in carrying out other 
        defense activities necessary for national security programs, 
        $99,050,000, to be allocated as follows:
                    (A) For the Office of Environment, Safety, and 
                Health (Defense), $76,446,000.
                    (B) For program direction, $22,604,000.
            (6) Worker and community transition.--For worker and 
        community transition in carrying out other defense activities 
        necessary for national security programs, $24,500,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $21,500,000.
                    (B) For program direction, $3,000,000.
            (7) Office of hearings and appeals.--For the Office of 
        Hearings and Appeals in carrying out other defense activities 
        necessary for national security programs, $3,000,000.
    (b) Adjustments.--(1) The amount authorized to be appropriated 
pursuant to subsection (a)(3)(B) is reduced by $20,000,000 to reflect 
an offset provided by user organizations for security investigations.
    (2) The total amount authorized to be appropriated by subsection 
(a) is the sum of the amounts authorized to be appropriated by 
paragraphs (1) through (7) of that subsection, reduced by $50,000,000.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2001 for privatization 
initiatives in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $540,092,000, to be allocated as follows:
            Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
        Falls, Idaho, $25,092,000.
            Project 97-PVT-1, tank waste remediation system project, 
        phase I, Richland, Washington, $450,000,000.
            Project 97-PVT-2, advanced mixed waste treatment project 
        Idaho Falls, Idaho, $65,000,000.
    (b) Explanation of Adjustment.--The amount authorized to be 
appropriated pursuant to subsection (a) is the sum of the amounts 
authorized to be appropriated for the projects in that subsection 
reduced by $25,092,000 for use of prior year balances of funds for 
defense environmental management privatization.

SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIATIVE.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2001 for an energy employees compensation 
initiative in the amount of $17,000,000.

SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2001 for payment to the Nuclear Waste Fund 
established in section 302(c) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(c)) in the amount of $112,000,000.

SEC. 3107. INTERIM STORAGE ACTIVITIES.

    The amounts authorized to be appropriated to the Department of 
Energy by sections 3101, 3102, 3103, 3104, 3105, and 3106 are hereby 
reduced by $85,000,000, for interim storage activities.

                Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

    (a) In General.--Until the Secretary of Energy submits to the 
congressional defense committees the report referred to in subsection 
(b) and a period of 30 days has elapsed after the date on which such 
committees receive the report, the Secretary may not use amounts 
appropriated pursuant to this title for any program--
            (1) in amounts that exceed, in a fiscal year--
                    (A) 110 percent of the amount authorized for that 
                program by this title; or
                    (B) $ 1,000,000 more than the amount authorized for 
                that program by this title; or
            (2) which has not been presented to, or requested of, 
        Congress.
    (b) Report.--(1) The report referred to in subsection (a) is a 
report containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in support of 
the proposed action.
    (2) In the computation of the 30-day period under subsection (a), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (c) Limitations.--(1) In no event may the total amount of funds 
obligated pursuant to this title exceed the total amount authorized to 
be appropriated by this title.
    (2) Funds appropriated pursuant to this title may not be used for 
an item for which Congress has specifically denied funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

    (a) In General.--The Secretary of Energy may carry out any 
construction project under the general plant projects authorized by 
this title if the total estimated cost of the construction project does 
not exceed $5,000,000.
    (b) Report to Congress.--If, at any time during the construction of 
any general plant project authorized by this title, the estimated cost 
of the project is revised because of unforeseen cost variations and the 
revised cost of the project exceeds $5,000,000, the Secretary shall 
immediately furnish a report to the congressional defense committees 
explaining the reasons for the cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

    (a) In General.--(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or additional 
obligations incurred in connection with the project above the total 
estimated cost, whenever the current estimated cost of the construction 
project, authorized by 3101, 3102, or 3103, or which is in support of 
national security programs of the Department of Energy and was 
authorized by any previous Act, exceeds by more than 25 percent the 
higher of--
            (A) the amount authorized for the project; or
            (B) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to Congress.
    (2) An action described in paragraph (1) may be taken if--
            (A) the Secretary of Energy has submitted to the 
        congressional defense committees a report on the actions and 
        the circumstances making such action necessary; and
            (B) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (3) In the computation of the 30-day period under paragraph (2), 
there is excluded any day on which either House of Congress is not in 
session because of an adjournment of more than 3 days to a day certain.
    (b) Exception.--Subsection (a) does not apply to a construction 
project with a current estimated cost of less than $5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

    (a) Transfer to Other Federal Agencies.--The Secretary of Energy 
may transfer funds authorized to be appropriated to the Department of 
Energy pursuant to this title to other Federal agencies for the 
performance of work for which the funds were authorized. Funds so 
transferred may be merged with and be available for the same purposes 
and for the same time period as the authorizations of the Federal 
agency to which the amounts are transferred.
    (b) Transfer Within Department of Energy.--(1) Subject to paragraph 
(2), the Secretary of Energy may transfer funds authorized to be 
appropriated to the Department of Energy pursuant to this title between 
any such authorizations. Amounts of authorizations so transferred may 
be merged with and be available for the same purposes and for the same 
period as the authorization to which the amounts are transferred.
    (2) Not more than 5 percent of any such authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than 5 percent by a 
transfer under such paragraph.
    (c) Limitations.--The authority provided by this subsection to 
transfer authorizations--
            (1) may be used only to provide funds for items relating to 
        activities necessary for national security programs that have a 
        higher priority than the items from which the funds are 
        transferred; and
            (2) may not be used to provide funds for an item for which 
        Congress has specifically denied funds.
    (d) Notice to Congress.--The Secretary of Energy shall promptly 
notify the Committees on Armed Services of the Senate and House of 
Representatives of any transfer of funds to or from authorizations 
under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement of Conceptual Design.--(1) Subject to paragraph (2) 
and except as provided in paragraph (3), before submitting to Congress 
a request for funds for a construction project that is in support of a 
national security program of the Department of Energy, the Secretary of 
Energy shall complete a conceptual design for that project.
    (2) If the estimated cost of completing a conceptual design for a 
construction project exceeds $3,000,000, the Secretary shall submit to 
Congress a request for funds for the conceptual design before 
submitting a request for funds for the construction project.
    (3) The requirement in paragraph (1) does not apply to a request 
for funds--
            (A) for a construction project the total estimated cost of 
        which is less than $5,000,000; or
            (B) for emergency planning, design, and construction 
        activities under section 3126.
    (b) Authority for Construction Design.--(1) Within the amounts 
authorized by this title, the Secretary of Energy may carry out 
construction design (including architectural and engineering services) 
in connection with any proposed construction project if the total 
estimated cost for such design does not exceed $600,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project exceeds $600,000, funds for 
that design must be specifically authorized by law.

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION 
              ACTIVITIES.

    (a) Authority.--The Secretary of Energy may use any funds available 
to the Department of Energy pursuant to an authorization in this title, 
including funds authorized to be appropriated for advance planning and 
construction design under sections 3101, 3102, and 3103, to perform 
planning, design, and construction activities for any Department of 
Energy national security program construction project that, as 
determined by the Secretary, must proceed expeditiously in order to 
protect public health and safety, to meet the needs of national 
defense, or to protect property.
    (b) Limitation.--The Secretary may not exercise the authority under 
subsection (a) in the case of any construction project until the 
Secretary has submitted to the congressional defense committees a 
report on the activities that the Secretary intends to carry out under 
this section and the circumstances making those activities necessary.
    (c) Specific Authority.--The requirement of section 3125(b)(2) does 
not apply to emergency planning, design, and construction activities 
conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE 
              DEPARTMENT OF ENERGY.

    Subject to the provisions of appropriation Acts and section 3121, 
amounts appropriated pursuant to this title for management and support 
activities and for general plant projects are available for use, when 
necessary, in connection with all national security programs of the 
Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

    (a) In General.--Except as provided in subsection (b), when so 
specified in an appropriations Act, amounts appropriated for operation 
and maintenance or for plant projects may remain available until 
expended.
    (b) Exception for Program Direction Funds.--Amounts appropriated 
for program direction pursuant to an authorization of appropriations in 
subtitle A shall remain available to be expended only until the end of 
fiscal year 2003.

SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.

    (a) Transfer Authority for Defense Environmental Management 
Funds.--The Secretary of Energy shall provide the manager of each field 
office of the Department of Energy with the authority to transfer 
defense environmental management funds from a program or project under 
the jurisdiction of the office to another such program or project.
    (b) Limitations.--(1) Only one transfer may be made to or from any 
program or project under subsection (a) in a fiscal year.
    (2) The amount transferred to or from a program or project under 
subsection (a) may not exceed $5,000,000 in a fiscal year.
    (3) A transfer may not be carried out by a manager of a field 
office under subsection (a) unless the manager determines that the 
transfer is necessary to address a risk to health, safety, or the 
environment or to assure the most efficient use of defense 
environmental management funds at the field office.
    (4) Funds transferred pursuant to subsection (a) may not be used 
for an item for which Congress has specifically denied funds or for a 
new program or project that has not been authorized by Congress.
    (c) Exemption From Reprogramming Requirements.--The requirements of 
section 3121 shall not apply to transfers of funds pursuant to 
subsection (a).
    (d) Notification.--The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify Congress 
of any transfer of funds pursuant to subsection (a) not later than 30 
days after such transfer occurs.
    (e) Definitions.--In this section:
            (1) The term ``program or project'' means, with respect to 
        a field office of the Department of Energy, any of the 
        following:
                    (A) A program referred to or a project listed in 
                paragraphs (2) through (5) of section 3102(a).
                    (B) A program or project not described in 
                subparagraph (A) that is for environmental restoration 
                or waste management activities necessary for national 
                security programs of the Department, that is being 
                carried out by the office, and for which defense 
                environmental management funds have been authorized and 
                appropriated before the date of the enactment of this 
                Act.
            (2) The term ``defense environmental management funds'' 
        means funds appropriated to the Department of Energy pursuant 
        to an authorization for carrying out environmental restoration 
        and waste management activities necessary for national security 
        programs.
    (f) Duration of Authority.--The managers of the field offices of 
the Department may exercise the authority provided under subsection (a) 
during the period beginning on October 1, 2000, and ending on September 
30, 2001.

          Subtitle C--National Nuclear Security Administration

SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY 
              FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY.

    (a) Length of Term.--The term of office as Under Secretary for 
Nuclear Security of the Department of Energy of the person first 
appointed to that position shall be three years.
    (b) Exclusive Reasons for Removal.--The exclusive reasons for 
removal from office as Under Secretary for Nuclear Security of the 
person described in subsection (a) shall be inefficiency, neglect of 
duty, or malfeasance in office.
    (c) Position Described.--The position of Under Secretary for 
Nuclear Security of the Department of Energy referred to in this 
section is the position established by subsection (c) of section 202 of 
the Department of Energy Organization Act (42 U.S.C. 7132), as added by 
section 3202 of the National Nuclear Security Administration Act (title 
XXXII of Public Law 106-65; 113 Stat. 954)).

SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE 
              JOINT NUCLEAR WEAPONS COUNCIL.

    (a) Membership.--Section 179 of title 10, United States Code, is 
amended--
            (1) in subsection (a), by striking paragraph (3) and 
        inserting the following new paragraph (3):
            ``(3) The Under Secretary for Nuclear Security of the 
        Department of Energy.''; and
            (2) in subsection (b)(2), by striking ``the representative 
        designated under subsection (a)(3)'' and inserting ``the Under 
        Secretary for Nuclear Security of the Department of Energy''.
    (b) Conforming Amendment.--Section 3212 of the National Nuclear 
Security Administration Act (title XXXII of the Public Law 106-65; 50 
U.S.C. 2402) is amended by adding at the end the following new 
subsection:
    ``(e) Membership on Joint Nuclear Weapons Council.--The 
Administrator serves as a member of the Joint Nuclear Weapons Council 
under section 179 of title 10, United States Code.''.

SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY 
              ORGANIZATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Scope of Authority.--Subtitle A of the National Nuclear 
Security Administration Act (title XXXII of Public Law 106-65; 113 
Stat. 957; 50 U.S.C. 2401 et seq.) is amended by adding at the end the 
following new section:

``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY 
              ORGANIZATION OF ADMINISTRATION.

    ``Notwithstanding the authority granted by section 643 of the 
Department of Energy Organization Act (42 U.S.C. 7253) or any other 
provision of law, the Secretary of Energy may not establish, abolish, 
alter, consolidate, or discontinue any organizational unit or 
component, or transfer any function, of the Administration, except as 
authorized by subsection (b) or (c) of section 3291.''.
    (b) Conforming Amendments.--Section 643 of the Department of Energy 
Organization Act (42 U.S.C. 7253) is amended--
            (1) by striking ``The Secretary'' and inserting ``(a) 
        Subject to subsection (b), the Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) The authority of the Secretary to establish, abolish, alter, 
consolidate, or discontinue any organizational unit or component of the 
National Nuclear Security Administration is governed by the provisions 
of section 3219 of the National Nuclear Security Administration Act 
(title XXXII of Public Law 106-65).''.

SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT 
              SERVICE OR DUTIES INSIDE AND OUTSIDE NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION.

    Subtitle C of the National Nuclear Security Administration Act 
(title XXXII of Public Law 106-65; 50 U.S.C. 2441 et seq.) is amended 
by adding at the end the following new section:

``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT 
              SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.

    ``Except as otherwise expressly provided by statute, no funds 
authorized to be appropriated or otherwise made available for the 
Department of Energy for any fiscal year after fiscal year 2000 may be 
obligated or utilized to pay the basic pay of an officer or employee of 
the Department of Energy who--
            ``(1) serves concurrently in a position in the 
        Administration and a position outside the Administration; or
            ``(2) performs concurrently the duties of a position in the 
        Administration and the duties of a position outside the 
        Administration.''.

SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION.

    (a) Plan Required.--Not later than March 1, 2001, the Administrator 
of the National Nuclear Security Administration shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a plan for assigning roles and responsibilities to and among the 
headquarters and field organizational units of the National Nuclear 
Security Administration.
    (b) Plan Elements.--The plan shall include the following:
            (1) A general description of the organizational structure 
        of the administrative functions of the National Nuclear 
        Security Administration under the plan, including the 
        authorities and responsibilities to be vested in the units of 
        the headquarters, operations offices, and area offices of the 
        Administration.
            (2) A description of any downsizing, elimination, or 
        consolidation of units of the headquarters, operations offices, 
        and area offices of the Administration that may be necessary to 
        enhance the efficiency of the Administration.
            (3) A description of the modifications of staffing levels 
        of the headquarters, operations offices, and area offices of 
        the Administration, including any reductions in force, 
        employment of additional personnel, or realignments of 
        personnel, that are necessary to implement the plan.
            (4) A schedule for the implementation of the plan.
    (c) Included Facilities.--The plan shall address any administrative 
units in the National Nuclear Security Administration, including units 
in and under the following:
            (1) The Department of Energy Headquarters, Washington, 
        District of Columbia, metropolitan area.
            (2) The Albuquerque Operations Office, Albuquerque, New 
        Mexico.
            (3) The Nevada Operations Office, Las Vegas, Nevada.
            (4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
            (5) The Oakland Operations Office, Oakland, California.
            (6) The Savannah River Operations Office, Aiken, South 
        Carolina.
            (7) The Los Alamos Area Office, Los Alamos, New Mexico.
            (8) The Kirtland Area Office, Albuquerque, New Mexico.
            (9) The Amarillo Area Office, Amarillo, Texas.
            (10) The Kansas City Area Office, Kansas City, Missouri.

SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

    (a) Program Required.--(1) The Under Secretary for Nuclear Security 
of the Department of Energy shall submit to the congressional defense 
committees a future-years nuclear security program (including 
associated annexes) for fiscal year 2001 and the five succeeding fiscal 
years.
    (2) The program shall reflect the estimated expenditures and 
proposed appropriations included in the budget for fiscal year 2001 
that is submitted to Congress in 2000 under section 1105(a) of title 
31, United States Code.
    (b) Program Detail.--The level of detail of the program submitted 
under subsection (a) shall be equivalent to the level of detail in the 
Project Baseline Summary system of the Department of Energy, if 
practicable, but in no event below the following:
            (1) In the case of directed stockpile work, detail as 
        follows:
                    (A) Stockpile research and development.
                    (B) Stockpile maintenance.
                    (C) Stockpile evaluation.
                    (D) Dismantlement and disposal.
                    (E) Production support.
                    (F) Field engineering, training, and manuals.
            (2) In the case of campaigns, detail as follows:
                    (A) Primary certification.
                    (B) Dynamic materials properties.
                    (C) Advanced radiography.
                    (D) Secondary certification and nuclear system 
                margins.
                    (E) Enhanced surety.
                    (F) Weapons system engineering certification.
                    (G) Certification in hostile environments.
                    (H) Enhanced surveillance.
                    (I) Advanced design and production technologies.
                    (J) Inertial confinement fusion (ICF) ignition and 
                high yield.
                    (K) Defense computing and modeling.
                    (L) Pit manufacturing readiness.
                    (M) Secondary readiness.
                    (N) High explosive readiness.
                    (O) Nonnuclear readiness.
                    (P) Materials readiness.
                    (Q) Tritium readiness.
            (3) In the case of readiness in technical base and 
        facilities, detail as follows:
                    (A) Operation of facilities.
                    (B) Program readiness.
                    (C) Special projects.
                    (D) Materials recycle and recovery.
                    (E) Containers.
                    (F) Storage.
            (4) In the case of secure transportation assets, detail as 
        follows:
                    (A) Operation and maintenance.
                    (B) Program direction relating to transportation.
            (5) Program direction.
            (6) Construction (listed by project number).
            (7) In the case of safeguards and security, detail as 
        follows:
                    (A) Operation and maintenance.
                    (B) Construction.
    (c) Deadline for Submittal.--The future-years nuclear security 
program required by subsection (a) shall be submitted not later than 
November 1, 2000.
    (d) Limitation on Use of Funds Pending Submittal.--Not more than 65 
percent of the funds authorized to be appropriated or otherwise made 
available for the Department of Energy for fiscal year 2001 by section 
3101(c) may be obligated or expended until 45 days after the date on 
which the Under Secretary of Energy for Nuclear Security submits to the 
congressional defense committees the program required by subsection 
(a).

SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT OF THE NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION.

    (a) Objective for Obligation of Funds.--It shall be an objective of 
the Administrator of the National Nuclear Security Administration to 
obligate funds for cooperative research and development agreements (as 
that term is defined in section 12(d)(1) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or similar 
cooperative, cost-shared research partnerships with non-Federal 
organizations, in a fiscal year covered by subsection (b) in an amount 
at least equal to the percentage of the total amount appropriated for 
the Administration for such fiscal year that is specified for such 
fiscal year under subsection (b).
    (b) Fiscal Year Percentages.--The percentages of funds appropriated 
for the National Nuclear Security Administration that are obligated in 
accordance with the objective under subsection (a) are as follows:
            (1) In each of fiscal years 2001 and 2002, 0.5 percent.
            (2) In any fiscal year after fiscal year 2002, the 
        percentage recommended by the Administrator for each such 
        fiscal year in the report under subsection (c).
    (c) Recommendations for Percentages in Later Fiscal Years.--Not 
later than one year after the date of the enactment of this Act, the 
Administrator shall submit to the congressional defense committees a 
report setting forth the Administrator's recommendations for 
appropriate percentages of funds appropriated for the National Nuclear 
Security Administration to be obligated for agreements described in 
subsection (a) during each fiscal year covered by the report.
    (d) Consistency of Agreements.--Any agreement entered into under 
this section shall be consistent with and in support of the mission of 
the National Nuclear Security Administration.
    (e) Reports on Achievement of Objective.--(1) Not later than March 
30, 2002, and each year thereafter, the Administrator shall submit to 
the congressional defense committees a report on whether funds of the 
National Nuclear Security Administration were obligated in the fiscal 
year ending in the preceding year in accordance with the objective for 
such fiscal year under this section.
    (2) If funds were not obligated in a fiscal year in accordance with 
the objective under this section for such fiscal year, the report under 
paragraph (1) shall--
            (A) describe the actions the Administrator proposes to take 
        to ensure that the objective under this section for the current 
        fiscal year and future fiscal years will be met; and
            (B) include any recommendations for legislation required to 
        achieve such actions.

   Subtitle D--Program Authorizations, Restrictions, and Limitations

SEC. 3151. PROCESSING, TREATMENT, AND DISPOSITION OF LEGACY NUCLEAR 
              MATERIALS.

    (a) Continuation.--The Secretary of Energy shall continue 
operations and maintain a high state of readiness at the F-canyon and 
H-canyon facilities at the Savannah River Site, Aiken, South Carolina, 
and shall provide technical staff necessary to operate and so maintain 
such facilities.
    (b) Limitation on Use of Funds for Decommissioning of F-Canyon 
Facility.--No amounts authorized to be appropriated or otherwise made 
available for the Department of Energy by this Act or any other Act may 
be obligated or expended for purposes of commencing the decommissioning 
of the F-canyon facility at the Savannah River Site, including any 
studies and planning relating to such decommissioning, until the 
Secretary and the Defense Nuclear Facilities Safety Board jointly 
submit to the congressional defense committees a certification as 
follows:
            (1) That all materials present in the facility as of the 
        date of the certification are safely stabilized.
            (2) That requirements applicable to the facility in order 
        to meet the future needs of the United States for fissile 
        materials disposition can be met fully utilizing the H-canyon 
        facility at the Savannah River Site.
    (c) Plan for Transfer of Long-Term Chemical Separation 
Activities.--Not later than February 15, 2001, the Secretary shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a plan for the transfer of all long-term chemical 
separation activities from the F-canyon facility to the H-canyon 
facility at the Savannah River Site commencing in fiscal year 2002.

SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.

    (a) Contingent Limitation on Availability of Funds for Certain 
Travel Expenses.--Subject to the provisions of this section, no funds 
authorized to be appropriated or otherwise made available for the 
Department of Energy by this or any other Act may be obligated or 
expended for travel by the Secretary of Energy or any employees of the 
Office of the Secretary of Energy.
    (b) Applicability.--The prohibition in subsection (a) shall take 
effect on March 1, 2001, unless the Secretary of Energy makes a 
certification to the congressional defense committees before that date 
that the Department of Energy is in compliance with the requirements of 
section 3131 of the National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 2701 note).
    (c) Termination.--If the prohibition in subsection (a) takes effect 
under subsection (b), the prohibition shall remain in effect until the 
date on which the Secretary makes the certification described in 
subsection (b).

SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR NONPROLIFERATION 
              PROGRAMS.

    (a) Nuclear Materials Protection, Control, and Accounting 
Program.--(1) Not later than January 1, 2001, and each year thereafter, 
the Secretary of Energy shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
status of efforts during the preceding fiscal year under the Nuclear 
Materials Protection, Control, and Accounting Program of the Department 
of Energy to secure weapons-usable nuclear materials in Russia that 
have been identified as being at risk for theft or diversion.
    (2) Each report under paragraph (1) shall set forth the following:
            (A) The number of buildings, including building locations, 
        that received complete and integrated materials protection, 
        control, and accounting systems for nuclear materials described 
        in paragraph (1) during the year covered by such report.
            (B) The amounts of highly enriched uranium and plutonium in 
        Russia that have been secured under systems described in 
        subparagraph (A) as of the date of such report.
            (C) The amount of nuclear materials described in paragraph 
        (1) that continues to require securing under systems described 
        in subparagraph (A) as of the date of such report.
            (D) A plan for actions to secure the nuclear materials 
        identified in subparagraph (C) under systems described in 
        subparagraph (A), including an estimate of the cost of such 
        actions.
            (E) The amounts expended through the fiscal year preceding 
        the date of such report to secure nuclear materials described 
        in paragraph (1) under systems described in subparagraph (A), 
        set forth by total amount and by amount per fiscal year.
    (3)(A) No amounts authorized to be appropriated for the Department 
of Energy by this Act or any other Act for purposes of the Nuclear 
Materials Protection, Control, and Accounting Program may be obligated 
or expended after September 30, 2000, for any project under the program 
at a nuclear weapons complex in Russia until the Secretary submits to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the access policy established with respect 
to such project, including a certification that the access policy has 
been implemented.
    (B) The access policy with respect to a project under this 
paragraph shall--
            (i) permit appropriate determinations by United States 
        officials regarding security requirements, including security 
        upgrades, for the project; and
            (ii) ensure verification by United States officials that 
        Department of Energy assistance at the project is being used 
        for the purposes intended.
    (b) Nuclear Cities Initiative.--(1)(A) Except as provided in 
subparagraph (B), no amounts authorized to be appropriated or otherwise 
made available for the Department of Energy for fiscal year 2001 for 
the Nuclear Cities Initiative may be obligated or expended for purposes 
of providing assistance under the Initiative until 30 days after the 
date on which the Secretary of Energy submits to the Committees on 
Armed Services of the Senate and House of Representatives a copy of an 
agreement described in subparagraph (C).
    (B) Subparagraph (A) shall not apply with respect to the obligation 
or expenditure of funds for purposes of providing assistance under the 
Nuclear Cities Initiative to the following:
            (i) Not more than three nuclear cities in Russia.
            (ii) Not more than two serial production facilities in 
        Russia.
    (C) An agreement referred to in this subparagraph is a written 
agreement between the United States Government and the Government of 
the Russian Federation which provides that Russia will close some of 
its facilities engaged in nuclear weapons assembly and disassembly 
work.
    (2)(A) Of the amounts appropriated or otherwise made available for 
the Department of Energy for fiscal year 2001 for the Nuclear Cities 
Initiative, not more than 50 percent of such amounts may be obligated 
or expended for purposes of the Initiative until the Secretary of 
Energy establishes and implements project review procedures for 
projects under the Initiative.
    (B) The project review procedures established under subparagraph 
(A) shall ensure that any scientific, technical, or commercial project 
initiated under the Nuclear Cities Initiative--
            (i) shall not enhance the military or weapons of mass 
        destruction capabilities of Russia;
            (ii) shall not result in the inadvertent transfer or 
        utilization of products or activities under such project for 
        military purposes;
            (iii) shall be commercially viable; and
            (iv) shall be carried out in conjunction with an 
        appropriate commercial, industrial, or other nonprofit entity 
        as partner.
    (C) Not later than January 1, 2001, the Secretary of Energy shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the project review procedures established 
and implemented under this paragraph.
    (3) In this subsection, the term ``Nuclear Cities Initiative'' 
means the initiative arising pursuant to the March 1998 discussion 
between the Vice President of the United States and the Prime Minister 
of the Russian Federation and between the Secretary of Energy of the 
United States and the Minister of Atomic Energy of the Russian 
Federation.
    (c) International Nuclear Security Program.--Amounts authorized to 
be appropriated or otherwise made available by this title for the 
Department of Energy for fiscal year 2001 for the International Nuclear 
Security Program in the former Soviet Union and Eastern Europe shall be 
available only for purposes of reactor safety upgrades and training 
relating to nuclear operator and reactor safety.

SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

    (a) Covered Persons.--Subsection (b) of section 3154 of the 
Department of Energy Facilities Safeguards, Security, and 
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI 
of Public Law 106-65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to 
read as follows:
    ``(b) Covered Persons.--(1) Subject to paragraph (2), for purposes 
of this section, a covered person is one of the following:
            ``(A) An officer or employee of the Department.
            ``(B) An expert or consultant under contract to the 
        Department.
            ``(C) An officer or employee of a contractor of the 
        Department.
            ``(D) An individual assigned or detailed to the Department.
            ``(E) An applicant for a position in the Department.
    ``(2) A person described in paragraph (1) is a covered person for 
purposes of this section only if the position of the person, or for 
which the person is applying, under that paragraph is a position in one 
of the categories of positions listed in section 709.4 of title 10, 
Code of Federal Regulations.''.
    (b) High-Risk Programs.--Subsection (c) of that section is amended 
to read as follows:
    ``(c) High-Risk Programs.--For purposes of this section, high-risk 
programs are the following:
            ``(1) The programs known as Special Access Programs and 
        Personnel Security and Assurance Programs.
            ``(2) Any other program or position category specified in 
        section 709.4 of title 10, Code of Federal Regulations.''.
    (c) Authority To Waive Examination Requirement.--Subsection (d) of 
that section is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) Subject to paragraph (3), the Secretary may waive the 
applicability of paragraph (1) to a covered person--
            ``(A) if--
                    ``(i) the Secretary determines that the waiver is 
                in the national security interests of the United 
                States;
                    ``(ii) the covered person previously has been 
                granted a security clearance; and
                    ``(iii) the covered person acknowledges in a signed 
                writing that the capacity of the covered person to 
                perform duties under a high-risk program after the 
                expiration of the waiver is conditional upon meeting 
                the requirements of paragraph (1) within the effective 
                period of the waiver;
            ``(B) if another Federal agency certifies to the Secretary 
        that the covered person has completed successfully a full-scope 
        or counterintelligence-scope polygraph examination during the 
        5-year period ending on the date of the certification; or
            ``(C) if the Secretary determines, after consultation with 
        the covered person, that the treatment of a medical or 
        psychological condition of the covered person should preclude 
        the administration of the examination.
    ``(3)(A) Any waiver under paragraph (2)(A) shall be effective for 
not more than 120 days.
    ``(B) Any waiver under paragraph (2)(C) shall be effective for the 
duration of the treatment on which such waiver is based.''.
    (d) Scope of Counterintelligence Polygraph Examination.--Subsection 
(f) of that section is amended--
            (1) by inserting ``terrorism,'' after ``sabotage,''; and
            (2) by inserting ``deliberate damage to or malicious misuse 
        of a United States Government information or defense system,'' 
        before ``and''.

SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT 
              FACILITIES.

    (a) Authority To Provide Incentives.--Notwithstanding any other 
provision of law, the Secretary of Energy may provide to any eligible 
employee of the Department of Energy one or more of the incentives 
described in subsection (d).
    (b) Eligible Employees.--An individual is an eligible employee of 
the Department of Energy for purposes of this section if the 
individual--
            (1) has worked continuously at a closure facility for at 
        least two years;
            (2) is an employee (as that term is defined in section 
        2105(a) of title 5, United States Code);
            (3) has a fully satisfactory or equivalent performance 
        rating during the most recent performance period and is not 
        subject to an adverse notice regarding conduct; and
            (4) meets any other requirement or condition under 
        subsection (d) for the incentive which is provided the employee 
        under this section.
    (c) Closure Facility Defined.--For purposes of this section, the 
term ``closure facility'' means a Department of Energy facility at 
which the Secretary is carrying out a closure project selected under 
section 3143 of the National Defense Authorization Act for Fiscal Year 
1997 (42 U.S.C. 7274n).
    (d) Incentives.--The incentives that the Secretary may provide 
under this section are the following:
            (1) The right to accumulate annual leave provided by 
        section 6303 of title 5, United States Code, for use in 
        succeeding years until it totals not more than 90 days, or not 
        more than 720 hours based on a standard work week, at the 
        beginning of the first full biweekly pay period, or 
        corresponding period for an employee who is not paid on the 
        basis of biweekly pay periods, occurring in a year, except 
        that--
                    (A) any annual leave that remains unused when an 
                employee transfers to a position in a department or 
                agency of the Federal Government shall be liquidated 
                upon the transfer by payment to the employee of a lump 
                sum for leave in excess of 30 days, or in excess of 240 
                hours based on a standard work week; and
                    (B) upon separation from service, annual leave 
                accumulated under this paragraph shall be treated as 
                any other accumulated annual leave is treated.
            (2) The right to be paid a retention allowance in a lump 
        sum in compliance with paragraphs (1) and (2) of section 
        5754(b) of title 5, United States Code, if the employee meets 
        the requirements of section 5754(a) of that title, except that 
        the retention allowance may exceed 25 percent, but may not be 
        more than 40 percent, of the employee's rate of basic pay.
            (3) A detail under section 3341 of title 5, United States 
        Code.
            (4) The right to receive a voluntary separation incentive 
        payment in the amount equal to the amount the employee would be 
        entitled to receive under section 5595(c) of title 5, United 
        States Code, subject to the terms, conditions, and procedures 
        set forth in section 663 of the Treasury, Postal Service, and 
        General Government Appropriations Act, 1997 (5 U.S.C. 5597 
        note), except that the date in section 663(c)(2)(D) of that Act 
        does not apply.
    (e) Agreement.--(1) An eligible employee of the Department of 
Energy provided an incentive under this section shall enter into an 
agreement with the Secretary to remain employed at the closure facility 
at which the employee is employed as of the date of the agreement until 
a specific date or for a specific period of time.
    (2) The detail of an employee under subsection (d)(3) shall not be 
treated as terminating the employment of the employee at a closure 
facility for purposes of an agreement under paragraph (1).
    (f) Violation of Agreement.--(1) Except as provided under paragraph 
(3), an eligible employee of the Department of Energy who violates an 
agreement under subsection (e), or is dismissed for cause, shall 
forfeit eligibility for any incentives under this section as of the 
date of the violation or dismissal, as the case may be.
    (2) Except as provided under paragraph (3), an eligible employee of 
the Department of Energy who is paid a retention allowance under 
subsection (d)(2), receives a voluntary separation incentive payment 
under subsection (d)(4), or both, and who violates an agreement under 
subsection (e), or is dismissed for cause, before the end of the period 
or date of employment agreed upon under such agreement shall refund to 
the United States an amount that bears the same ratio to the aggregate 
amount so paid to or received by the employee as the unserved part of 
such employment bears to the total period of employment agreed upon 
under such agreement.
    (3) The Secretary may waive the applicability of paragraph (1) or 
(2) to an employee otherwise covered by such paragraph if the Secretary 
determines that there is good and sufficient reason for the waiver.
    (g) Report.--The Secretary shall include in each report on a 
closure project under section 3143(h) of the National Defense 
Authorization Act for Fiscal Year 1997 a report on the incentives, if 
any, provided under this section with respect to the project for the 
period covered by such report.
    (h) Expiration of Authority.--The authority to provide incentives 
under this section shall expire on September 23, 2011.
    (i) Details.--(1) Section 3341 of title 5, United States Code, is 
amended to read as follows:
``Sec. 3341. Details: within and among Executive agencies; to non-
              Federal employers
    ``(a) The head of an Executive agency may detail employees among 
the components of the agency, except employees who are required by law 
to be engaged exclusively in some specific work.
    ``(b) The head of an Executive agency may detail to duties in the 
Executive agency or another Executive agency or to a non-Federal 
employer, on a nonreimbursable basis, an employee who has been 
identified by the Executive agency as being, or likely to become, a 
surplus employee or displaced employee.
    ``(c) For purposes of this section:
            ``(1) The term `Executive agency' has the meaning given 
        that term by section 105, but does not include a Government 
        corporation or the General Accounting Office.
            ``(2) The term `displaced employee' means an employee who 
        has been given specific notice that the employee is to be 
        separated due to a reduction in force.
            ``(3) The term `surplus employee' means an employee who has 
        been identified by the employing agency as likely to be 
        separated due to a reduction in force.
            ``(4) The term `non-Federal employer' means an employer 
        other than an Executive agency or any agency in the legislative 
        or judicial branch (including Congress or any United States 
        court).''.
    (2) The table of sections at the beginning of chapter 33 of such 
title is amended by striking the item relating to section 3341 and 
inserting the following new item:

``3341. Details: within and among Executive agencies; to non-Federal 
                            employers.''.
    (i) Health Coverage.--Section 8905a(d)(4) of title 5, United States 
Code, is amended by adding after subparagraph (B) the following new 
subparagraph (C):
    ``(C) Notwithstanding subparagraph (B), if the basis for continued 
coverage under this section is a voluntary or involuntary separation 
from the Department of Energy by reason of a closure project under 
section 3143 of the National Defense Authorization Act for Fiscal Year 
1997 (42 U.S.C. 7274n)--
            ``(i) the individual shall be liable for not more than the 
        employee contributions referred to in paragraph (1)(A)(i); and
            ``(ii) the Department of Energy shall pay the remaining 
        portion of the amount required is under paragraph (1)(A).''.

                       Subtitle E--Other Matters

SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
              SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

    Section 3161(c)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking 
``September 30, 2000'' and inserting ``September 30, 2002''.

SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READINESS POSTURES.

    Section 3152 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 623) is amended--
            (1) by inserting ``(a) Report.--'' before ``Not later than 
        February 15, 1996,''; and
            (2) by adding at the end the following:
    ``(b) Biennial Updates of Report.--(1) The Secretary shall submit 
to the congressional defense committees an update of the report 
required under (a) not later than February 15, 2001, and every two 
years thereafter.
    ``(2) Each update under paragraph (1) shall include, current as of 
the date of such update, the following:
            ``(A) A list and description of the workforce skills and 
        capabilities that are essential to carry out underground 
        nuclear tests at the Nevada Test Site.
            ``(B) A list and description of the infrastructure and 
        physical plant that are essential to carry out underground 
        nuclear tests at the Nevada Test Site.
            ``(C) A description of the readiness status of the skills 
        and capabilities described in subparagraph (A) and of the 
        infrastructure and physical plant described in subparagraph 
        (B).
    ``(3) Each update under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.''.

SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED 
              DATA AND FORMERLY RESTRICTED DATA.

    (a) Frequency of Reports.--Section 3161(f)(2) of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public Law 
105-261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as 
follows:
    ``(2) The Secretary of Energy shall, on a quarterly basis, notify 
the committees and Assistant to the President specified in subsection 
(d) of inadvertent releases described in paragraph (1) that are 
discovered after the date of the enactment of this Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to inadvertent releases of Restricted Data and Formerly 
Restricted Data that are discovered on or after that date.

SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY 
              OF THE NUCLEAR WEAPONS STOCKPILE.

    Any certification submitted to the President by the Secretary of 
Defense or the Secretary of Energy regarding confidence in the safety 
or reliability of a nuclear weapon type in the United States nuclear 
weapons stockpile shall be submitted in classified form only.

SEC. 3175. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR 
              WEAPONS PRODUCTION PLANTS.

    (a) Authority.--The Secretary of Energy may authorize the plant 
manager of a covered nuclear weapons production plant to engage in 
research, development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such plant in order to 
maintain and enhance such capabilities at such plant.
    (b) Funding.--Of the amount allocated by the Secretary to a covered 
nuclear weapons production plant each fiscal year from amounts 
available to the Department of Energy for such fiscal year for national 
security programs, not more than an amount equal to 2 percent of such 
amount may be used for activities authorized under subsection (a).
    (c) Covered Nuclear Weapons Production Plants.--For purposes of 
this section, the term ``covered nuclear weapons production plant'' 
means the following:
            (1) The Kansas City Plant, Kansas City, Missouri.
            (2) The Y-12 Plant, Oak Ridge, Tennessee.
            (3) The Pantex Plant, Amarillo, Texas.

SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR 
              GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.

    (a) Strategic Plans.--Subsection (a) of section 12 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is 
amended by striking ``joint work statement,'' and inserting ``joint 
work statement or, if permitted by the agency, in an agency-approved 
annual strategic plan,''.
    (b) Experimental Federal Waivers.--Subsection (b) of that section 
is amended by adding at the end the following new paragraph:
    ``(6)(A) In the case of a Department of Energy laboratory, a 
designated official of the Department of Energy may waive any license 
retained by the Government under paragraph (1)(A), (2), or (3)(D), in 
whole or in part and according to negotiated terms and conditions, if 
the designated official finds that the retention of the license by the 
Department of Energy would substantially inhibit the commercialization 
of an invention that would otherwise serve an important Federal 
mission.
    ``(B) The authority to grant a waiver under subparagraph (A) shall 
expire on the date that is 5 years after the date of the enactment of 
the Department of Energy National Security Act for Fiscal Year 2001.
    ``(C) The expiration under subparagraph (B) of authority to grant a 
waiver under subparagraph (A) shall not effect any waiver granted under 
subparagraph (A) before the expiration of such authority.''.
    (c) Time Required for Approval.--Subsection (c)(5) of that section 
is amended--
            (1) by striking subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (C); 
        and
            (3) in subparagraph (C), as so redesignated--
                    (A) in clause (i)--
                            (i) by striking ``with a small business 
                        firm''; and
                            (ii) by inserting ``if'' after 
                        ``statement''; and
                    (B) by adding at the end the following new clauses:
    ``(iv) Any agency that has contracted with a non-Federal entity to 
operate a laboratory may develop and provide to such laboratory one or 
more model cooperative research and development agreements for purposes 
of standardizing practices and procedures, resolving common legal 
issues, and enabling review of cooperative research and development 
agreements to be carried out in a routine and prompt manner.
    ``(v) A Federal agency may waive the requirements of clause (i) or 
(ii) under such circumstances as the agency considers appropriate.''.

SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY AND CONTRACTOR 
              EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE STEWARDSHIP 
              AND SECURITY.

    (a) Authority To Present Certificate of Commendation.--The 
Secretary of Energy may present a certificate of commendation to any 
current or former employee of the Department of Energy, and any current 
or former employee of a Department contractor, whose service to the 
Department in matters relating to stockpile stewardship and security 
assisted the Department in furthering the national security interests 
of the United States.
    (b) Certificate.--The certificate of commendation presented to a 
current or former employee under subsection (a) shall include an 
appropriate citation of the service of the current or former employee 
described in that subsection, including a citation for dedication, 
intellect, and sacrifice in furthering the national security interests 
of the United States by maintaining a strong, safe, and viable United 
States nuclear deterrent during the Cold War or thereafter.
    (c) Department of Energy Defined.--For purposes of this section, 
the term ``Department of Energy'' includes any predecessor agency of 
the Department of Energy.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

    There are authorized to be appropriated for fiscal year 2001, 
$18,500,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM THE NAVAL PETROLEUM 
              RESERVES.

    (a) Higher Minimum Price.--Subparagraph (A) of section 7430(b)(2) 
of title 10, United States Code, is amended by striking ``90 percent 
of''.
    (b) Inapplicability of Requirement to Reserve Numbered 1.--Such 
section 7430(b)(2) is further amended by striking ``Naval Petroleum 
Reserves Numbered 1, 2, and 3'' in the matter preceding subparagraph 
(A) and inserting ``Naval Petroleum Reserves Numbered 2 and 3''.

SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR UNIT 
              PLANS AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.

    (a) Repeal.--Section 7426 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 641 of such title is amended by striking the item relating to 
section 7426.

                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2001, the 
National Defense Stockpile Manager may obligate up to $75,000,000 of 
the funds in the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized 
uses of such funds under subsection (b)(2) of such section, including 
the disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date on which Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.

    Section 3303(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 1112 Stat. 
2263; 50 U.S.C. 98d note) is amended--
            (1) in paragraph (2), by striking ``$460,000,000'' and 
        inserting ``$409,000,000'';
            (2) in paragraph (3), by striking ``$555,000,000'' and 
        inserting ``$585,000,000''; and
            (3) in paragraph (4), by striking ``$590,000,000'' and 
        inserting ``$620,000,000''.

                                                       Calendar No. 546

106th CONGRESS

  2d Session

                                S. 2552

_______________________________________________________________________

                                 A BILL

To authorize appropriations for fiscal year 2001 for defense activities 
          of the Department of Energy, and for other purposes.

_______________________________________________________________________

                              May 12, 2000

 Reported from the Committee on Armed Services, under authority of the 
  order of the Senate of May 11th, 2000, the following original bill; 
            which was read twice and placed on the calendar
```