H. R. 3616—333
SEC. 3143. RELOCATION OF NATIONAL ATOMIC MUSEUM, ALBUQUER-
QUE, NEW MEXICO.
The Secretary of Energy shall submit to the congressional
defense committees a plan for the relocation of the National Atomic
Museum in Albuquerque, New Mexico.
SEC. 3144. TRITIUM PRODUCTION.
The Secretary of Energy may not obligate or expend any funds
authorized to be appropriated or otherwise available to the Depart-
ment of Energy for fiscal year 1999 to implement a final decision
on the technology to be utilized for tritium production, made pursu-
ant to section 3135 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2037), until
October 1, 1999.
Subtitle D—Other Matters
SEC. 3151. STUDY AND PLAN RELATING TO WORKER AND COMMUNITY
TRANSITION ASSISTANCE.
(a) STUDY BY THE GENERAL ACCOUNTING OFFICE.—
(1) STUDY REQUIREMENT.—The Comptroller General shall
conduct a study on the effects of workforce restructuring plans
for defense nuclear facilities developed pursuant to section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(42 U.S.C. 7274h).
(2) MATTERS COVERED BY STUDY.—The study shall cover
the four-year period preceding the date of the enactment of
this Act and shall include the following:
(A) An analysis of the number of jobs created by any
employee retraining, education, and reemployment assist-
ance and any community impact assistance provided in
each workforce restructuring plan developed pursuant to
section 3161 of the National Defense Authorization Act
for Fiscal Year 1993.
(B) An analysis of other benefits provided pursuant
to such plans, including any assistance provided to commu-
nity reuse organizations.
(C) A description of the funds expended, and the funds
obligated but not expended, pursuant to such plans as
of the date of the report.
(D) A description of the criteria used since October
23, 1992, in providing assistance pursuant to such plans.
(E) A comparison of any similar benefits provided—
(i) pursuant to such a plan to employees whose
employment at the defense nuclear facility covered by
the plan is terminated; and
(ii) to employees whose employment at a facility
where more than 50 percent of the revenues are
derived from contracts with the Department of Defense
has been terminated as a result of cancellation, termi-
nation, or completion of contracts with the Department
of Defense and the employees whose employment is
terminated constitute more than 15 percent of the
employees at that facility.
(F) A comparison of—
H. R. 3616—334
(i) involuntary separation benefits provided to
employees of Department of Energy contractors and
subcontractors under such plans; and
(ii) involuntary separation benefits provided to
employees of the Federal Government.
(G) A comparison of costs to the Federal Government
(including costs of involuntary separation benefits) for—
(i) involuntary separations of employees of Depart-
ment of Energy contractors and subcontractors; and
(ii) involuntary separations of employees of con-
tractors and subcontractors of other Federal Govern-
ment departments and agencies.
(H) A description of the length of service and hiring
dates of employees of Department of Energy contractors
and subcontractors provided benefits under such plans in
the 2-year period preceding the date of the enactment
of this Act.
(3) REPORT ON STUDY.—The Comptroller General shall sub-
mit a report to Congress on the results of the study not later
than March 31, 1999.
(4) DEFINITION.—In this section, the term ‘‘defense nuclear
facility’’ has the meaning provided the term ‘‘Department of
Energy defense nuclear facility’’ in section 3163 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 42 U.S.C. 7274j).
(b) PLAN
FOR
TERMINATION
OF WORKER
AND
COMMUNITY
TRANSITION PROGRAM.—Not later than July 1, 1999, the Secretary
of Energy shall submit to the congressional defense committees
a plan to terminate the Office of Worker and Community Transition.
The plan shall include—
(1) a description of how the authority of the Office would
be terminated; and
(2) a description of how the responsibility to manage
downsizing of the contractor workforce of the Department of
Energy would be transferred to other offices or programs within
the Department.
SEC. 3152. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSON-
NEL.
Section 3161(c)(1) of the National Defense Authorization Act
for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking
out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘September
30, 2000’’.
SEC. 3153. REQUIREMENT FOR PLAN TO MODIFY EMPLOYMENT SYS-
TEM USED BY DEPARTMENT OF ENERGY IN DEFENSE
ENVIRONMENTAL MANAGEMENT PROGRAMS.
(a) PLAN REQUIREMENT.—Not later than February 1, 1999,
the Secretary of Energy shall submit to Congress a report containing
a plan to modify the Federal employment system used within the
defense environmental management programs of the Department
of Energy to allow for workforce restructuring in those programs.
(b) SPECIFIED ELEMENTS
OF PLAN.—The plan shall address
strategies to recruit and hire—
(1) individuals with a high degree of scientific and technical
competence in the areas of nuclear and toxic waste remediation
and environmental restoration; and
H. R. 3616—335
(2) individuals with the necessary skills to manage large
construction and environmental remediation projects.
(c) LEGISLATIVE CHANGES.—The plan shall include an identifica-
tion of the provisions of Federal law that would need to be changed
to allow the Secretary of Energy to restructure the Department
of Energy defense environmental management workforce to hire
individuals described in subsection (b), while staying within any
numerical limitations required by law (including section 3161 of
Public Law 103–337 (42 U.S.C. 7231 note)) on employment of such
individuals.
SEC. 3154. DEPARTMENT OF ENERGY NUCLEAR MATERIALS COURIERS.
(a) MAXIMUM
AGE
FOR
ENTRY
INTO
NUCLEAR
MATERIALS
COURIER FORCE.—Section 3307 of title 5, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘and (d)’’ and inserting
‘‘(d), (e), and (f )’’; and
(2) by adding at the end the following:
‘‘(f ) The Secretary of Energy may determine and fix the maxi-
mum age limit for an original appointment to a position as a
nuclear materials courier, as defined by section 8331(27) or
8401(33).’’.
(b) DEFINITION FOR PURPOSES OF CIVIL SERVICE RETIREMENT
SYSTEM.—Section 8331 of title 5, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(27) ‘Nuclear materials courier’—
‘‘(A) means an employee of the Department of Energy,
the duties of whose position are primarily to transport,
and provide armed escort and protection during transit
of, nuclear weapons, nuclear weapon components, strategic
quantities of special nuclear materials or other materials
related to national security; and
‘‘(B) includes an employee who is transferred directly
to a supervisory or administrative position within the same
Department of Energy organization, after performing duties
referred to in subparagraph (A) for at least 3 years.’’.
(c) 
DEDUCTIONS, 
CONTRIBUTIONS, 
AND
DEPOSITS
UNDER
CSRS.—(1) Subsection (a)(1) of section 8334 of title 5, United States
Code, is amended by striking ‘‘or member of the Capitol Police,’’
and inserting ‘‘member of the Capitol Police, or nuclear materials
courier,’’.
(2) Subsection (c) of that section is amended by adding after
the item for a Member of the Capitol Police the following new
item:
H. R. 3616—336
‘‘Nuclear materials courier .....................
7 ............
October 1, 1977 to the day be-
fore the date of the enact-
ment of the Strom Thur-
mond National Defense Au-
thorization Act for Fiscal
Year 1999.
7.5 .........
The date of the enactment of
the Strom Thurmond Na-
tional Defense Authoriza-
tion Act for Fiscal Year
1999 to December 31, 1998.
7.75 .......
January 1, 1999 to December
31, 1999.
7.9 .........
January 1, 2000 to December
31, 2000.
8 ............
January 1, 2001 to December
31, 2002.
7.5 .........
After December 31, 2002.’’.
(3) Notwithstanding subsection (a)(1) or (k)(1) of section 8334
of title 5, United States Code, or section 7001(a) of Public Law
105–33, during the period beginning on the effective date provided
for under subsection (n)(1) and ending on September 30, 2002,
the Department of Energy shall deposit in the Treasury of the
United States to the credit of the Civil Service Retirement and
Disability Fund on behalf of each nuclear materials courier from
whose basic pay a deduction is made under such subsection (a)(1)
during that period an amount equal to 9.01 percent of such basic
pay, in lieu of the agency contributions otherwise required under
such subsection (a)(1) during that period.
(d) MANDATORY SEPARATION UNDER CSRS.—Section 8335(b)
of title 5, United States Code, is amended in the second sentence—
(1) by inserting ‘‘or nuclear materials courier’’ after ‘‘law
enforcement officer’’; and
(2) by inserting ‘‘or courier, as the case may be,’’ after
‘‘that officer’’.
(e) IMMEDIATE RETIREMENT UNDER CSRS.—Section 8336(c)(1)
of title 5, United States Code, is amended by striking ‘‘or firefighter’’
and inserting ‘‘, firefighter, or nuclear materials courier’’.
(f ) DEFINITION FOR PURPOSES OF FEDERAL EMPLOYEES’ RETIRE-
MENT SYSTEM.—Section 8401 of title 5, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph (31);
(2) by striking the period at the end of paragraph (32)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(33) ‘Nuclear materials courier’ has the meaning given
that term in section 8331(27).’’.
(g) IMMEDIATE RETIREMENT UNDER FERS.—Section 8412(d) of
title 5, United States Code, is amended by striking ‘‘or firefighter’’
each place it appears in paragraphs (1) and (2) and inserting
‘‘firefighter, or nuclear materials courier’’.
(h) COMPUTATION OF BASIC ANNUITY UNDER FERS.—Section
8415(g) of title 5, United States Code, is amended by inserting
‘‘nuclear materials courier,’’ after ‘‘firefighter,’’.
(i) DEDUCTIONS AND CONTRIBUTIONS UNDER FERS.—(1) Section
8422(a)(3) of title 5, United States Code, is amended by adding
after the item relating to a law enforcement officer, firefighter,
member of the Capitol Police, or air traffic controller the following
new item:
H. R. 3616—337
‘‘Nuclear materials courier .....................
7 ............
January 1, 1987 to the day
before the date of the enact-
ment of the Strom Thur-
mond National Defense Au-
thorization Act for Fiscal
Year 1999.
7.5 .........
The date of the enactment of
the Strom Thurmond Na-
tional Defense Authoriza-
tion Act for Fiscal Year
1999 to December 31, 1998.
7.75 .......
January 1, 1999 to December
31, 1999.
7.9 .........
January 1, 2000 to December
31, 2000.
8 ............
January 1, 2001 to December
31, 2001.
7.5 .........
After December 31, 2002.’’.
(2) Contributions under subsections (a) and (b) of section 8423
of title 5, United States Code, shall not be reduced as a result
of that portion of the amendment made by paragraph (1) requiring
employee deductions at a rate in excess of 7.5 percent for the
period beginning on January 1, 1999, and ending on December
31, 2002.
( j) AGENCY CONTRIBUTIONS UNDER FERS.—Paragraphs (1)(B)(i)
and (3)(A) of section 8423(a) of title 5, United States Code, are
each amended by inserting ‘‘nuclear materials couriers,’’ after ‘‘fire-
fighters,’’.
(k) MANDATORY SEPARATION UNDER FERS.—Section 8425(b)
of title 5, United States Code, is amended by inserting ‘‘or nuclear
materials courier’’ after ‘‘law enforcement officer’’ both places it
appears in the second sentence.
(l) PAYMENTS.—(1) The Department of Energy shall pay into
the Civil Service Retirement and Disability Fund an amount deter-
mined by the Director of the Office of Personnel Management
to be necessary to reimburse the Fund for any estimated increase
in the unfunded liability of the Fund resulting from the amend-
ments related to the Civil Service Retirement System under this
section, and for any estimated increase in the supplemental liability
of the Fund resulting from the amendments related to the Federal
Employees Retirement System under this section.
(2) The Department shall pay the amount so determined in
five equal annual installments with interest computed at the rate
used in the most recent valuation of the Federal Employees Retire-
ment System.
(3) The Department shall make payments under this subsection
from amounts available for weapons activities of the Department.
(m) APPLICABILITY.—Subsections (b) through (l) shall apply only
to an individual who is employed as a nuclear materials courier,
as defined by section 8331(27) or 8401(33) of title 5, United States
Code (as amended by this section), after the later of—
(1) September 30, 1998; or
(2) the date of the enactment of this Act.
(n) EFFECTIVE DATES.—(1) Except as provided in paragraph
(2), the amendments made by this section shall take effect at
the beginning of the first pay period that begins after the later
of—
(A) October 1, 1998; or
(B) the date of the enactment of this Act.
H. R. 3616—338
(2)(A) The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act.
(B) The amendments made by subsections (d) and (k) shall
take effect 1 year after the date of the enactment of this Act.
SEC. 3155. INCREASE IN MAXIMUM RATE OF PAY FOR SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL RESPON-
SIBLE FOR SAFETY AT DEFENSE NUCLEAR FACILITIES.
Section 3161(a)(2) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 42 U.S.C. 7231 note)
is amended by striking out ‘‘level IV of the Executive Schedule
under section 5315’’ and inserting in lieu thereof ‘‘level III of the
Executive Schedule under section 5314’’.
SEC. 3156. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY
TO PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) EXTENSION.—Notwithstanding subsection (c)(2)(D) of section
663 of the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–
383; 5 U.S.C. 5597 note), the Department of Energy may pay
voluntary separation incentive payments to qualifying employees
who voluntarily separate (whether by retirement or resignation)
before January 1, 2001.
(b) EXERCISE OF AUTHORITY.—The Department shall pay vol-
untary separation incentive payments under subsection (a) in
accordance with the provisions of such section 663.
SEC. 3157. REPEAL OF FISCAL YEAR 1998 STATEMENT OF POLICY ON
STOCKPILE STEWARDSHIP PROGRAM.
Section 3156 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2045; 42 U.S.C.
2121 note) is repealed.
SEC. 3158. REPORT ON STOCKPILE STEWARDSHIP CRITERIA.
(a) REQUIREMENT FOR CRITERIA.—The Secretary of Energy shall
develop clear and specific criteria for judging whether the science-
based tools being used by the Department of Energy for determining
the safety and reliability of the nuclear weapons stockpile are
performing in a manner that will provide an adequate degree of
certainty that the stockpile is safe and reliable.
(b) COORDINATION WITH SECRETARY OF DEFENSE.—The Sec-
retary of Energy, in developing the criteria required by subsection
(a), shall coordinate with the Secretary of Defense.
(c) REPORT.—Not later than March 1, 2000, the Secretary of
Energy shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the efforts by the Department of Energy
to develop the criteria required by subsection (a). The report shall
include—
(1) a description of the information needed to determine
that the nuclear weapons stockpile is safe and reliable and
the relationship of the science-based tools to the collection
of that information; and
(2) a description of the criteria required by subsection
(a) to the extent they have been developed as of the date
of the submission of the report.
H. R. 3616—339
SEC. 3159. PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECU-
RITY OF THE UNITED STATES NUCLEAR STOCKPILE.
(a) REQUIREMENT FOR PANEL.—The Secretary of Defense, in
consultation with the Secretary of Energy, shall enter into a contract
with a federally funded research and development center to estab-
lish a panel for the assessment of the certification process for
the reliability, safety, and security of the United States nuclear
stockpile.
(b) COMPOSITION
AND ADMINISTRATION
OF PANEL.—(1) The
panel shall consist of private citizens of the United States with
knowledge and expertise in the technical aspects of design, manufac-
ture, and maintenance of nuclear weapons.
(2) The federally funded research and development center shall
be responsible for establishing appropriate procedures for the panel,
including selection of a panel chairman.
(c) DUTIES OF PANEL.—Each year the panel shall review and
assess the following:
(1) The annual certification process, including the conclu-
sions and recommendations resulting from the process, for the
safety, security, and reliability of the nuclear weapons stockpile
of the United States, as carried out by the directors of the
national weapons laboratories.
(2) The long-term adequacy of the process of certifying
the safety, security, and reliability of the nuclear weapons
stockpile of the United States.
(3) The adequacy of the criteria established by the Sec-
retary of Energy pursuant to section 3158 for achieving the
purposes for which those criteria are established.
(d) REPORT.—Not later than October 1 of each year, beginning
with 1999, the panel shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report setting forth its findings
and conclusions resulting from the review and assessment carried
out for the year covered by the report. The report shall be submitted
in classified and unclassified form.
(e) COOPERATION
OF OTHER AGENCIES.—(1) The panel may
secure directly from the Department of Energy, the Department
of Defense, or any of the national weapons laboratories or plants
or any other Federal department or agency information that the
panel considers necessary to carry out its duties.
(2) For carrying out its duties, the panel shall be provided
full and timely cooperation by the Secretary of Energy, the Secretary
of Defense, the Commander of United States Strategic Command,
the Directors of the Los Alamos National Laboratory, the Lawrence
Livermore National Laboratory, the Sandia National Laboratories,
the Savannah River Site, the Y–12 Plant, the Pantex Facility,
and the Kansas City Plant, and any other official of the United
States that the chairman of the panel determines as having informa-
tion described in paragraph (1).
(3) The Secretary of Energy and the Secretary of Defense shall
each designate at least one officer or employee of the Department
of Energy and the Department of Defense, respectively, to serve
as a liaison officer between the department and the panel.
(f ) FUNDING.—The Secretary of Defense and the Secretary of
Energy shall each contribute 50 percent of the amount of funds
that are necessary for the panel to carry out its duties. Funds
available for the Department of Energy for atomic energy defense
H. R. 3616—340
activities shall be available for the Department of Energy contribu-
tion.
(g) TERMINATION OF PANEL.—The panel shall terminate three
years after the date of the appointment of the member designated
as chairman of the panel.
(h) INITIAL IMPLEMENTATION.—The Secretary of Defense shall
enter into the contract required under subsection (a) not later
than 60 days after the date of the enactment of this Act. The
panel shall convene its first meeting not later than 30 days after
the date as of which all members of the panel have been appointed.
SEC. 3160. INTERNATIONAL COOPERATIVE INFORMATION EXCHANGE.
(a) FINDINGS.—Congress finds the following:
(1) Currently in the post-cold war world, there are new
opportunities to facilitate international political and scientific
cooperation on cost-effective, advanced, and innovative nuclear
management technologies.
(2) There is increasing public interest in monitoring and
remediation of nuclear waste.
(3) It is in the best interest of the United States to explore
and develop options with the international community to facili-
tate the exchange of evolving advanced nuclear wastes tech-
nologies.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Energy, in consultation with the Secretary of
State, the Secretary of Defense, the Administrator of the Environ-
mental Protection Agency, and other officials as appropriate, should
prepare and submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report containing the following:
(1) An assessment of whether the United States should
encourage the establishment of an international project to facili-
tate the international exchange of information (including costs
data) relating to nuclear waste technologies, including tech-
nologies for solid and liquid radioactive wastes and contami-
nated soils and sediments.
(2) An assessment of whether such a project could be funded
privately through industry, public interest, and scientific
organizations and administered by an international nongovern-
mental organization, with operations in the United States, Rus-
sia, and other countries that have an interest in developing
such technologies.
(3) A description of the Federal programs that facilitate
the exchange of such information and of any added benefit
of consolidating such programs into such a project.
(4) Recommendations for any legislation that the Secretary
of Energy believes would be required to enable such a project
to be undertaken.
SEC. 
3161. 
PROTECTION 
AGAINST 
INADVERTENT 
RELEASE 
OF
RESTRICTED DATA AND FORMERLY RESTRICTED DATA.
(a) PLAN FOR PROTECTION AGAINST RELEASE.—The Secretary
of Energy and the Archivist of the United States shall, after con-
sultation with the members of the National Security Council and
in consultation with the Secretary of Defense and the heads of
other appropriate Federal agencies, develop a plan to prevent the
H. R. 3616—341
inadvertent release of records containing Restricted Data or For-
merly Restricted Data during the automatic declassification of
records under Executive Order No. 12958 (50 U.S.C. 435 note).
(b) PLAN ELEMENTS.—The plan under subsection (a) shall
include the following:
(1) The actions to be taken in order to ensure that records
subject to Executive Order No. 12958 are reviewed on a page-
by-page basis for Restricted Data and Formerly Restricted Data
unless they have been determined to be highly unlikely to
contain Restricted Data or Formerly Restricted Data.
(2) The criteria and process by which documents are deter-
mined to be highly unlikely to contain Restricted Data or For-
merly Restricted Data.
(3) The actions to be taken in order to ensure proper
training, supervision, and evaluation of personnel engaged in
declassification under that Executive order so that such person-
nel recognize Restricted Data and Formerly Restricted Data.
(4) The extent to which automated declassification tech-
nologies will be used under that Executive order to protect
Restricted Data and Formerly Restricted Data from inadvertent
release.
(5) Procedures for periodic review and evaluation by the
Secretary of Energy, in consultation with the Director of the
Information Security Oversight Office of the National Archives
and Records Administration, of compliance by Federal agencies
with the plan.
(6) Procedures for resolving disagreements among Federal
agencies regarding declassification procedures and decisions
under the plan.
(7) The funding, personnel, and other resources required
to carry out the plan.
(8) A timetable for implementation of the plan.
(c) LIMITATION ON DECLASSIFICATION OF CERTAIN RECORDS.—
(1) Effective on the date of the enactment of this Act and except
as provided in paragraph (3), a record referred to in subsection
(a) may not be declassified unless the agency having custody of
the record reviews the record on a page-by-page basis to ensure
that the record does not contain Restricted Data or Formerly
Restricted Data.
(2) Any record determined as a result of a review under para-
graph (1) to contain Restricted Data or Formerly Restricted Data
may not be declassified until the Secretary of Energy, in conjunction
with the head of the agency having custody of the record, determines
that the document is suitable for declassification.
(3) After the date occurring 60 days after the submission of
the plan required by subsection (a) to the committees referred
to in paragraphs (1) and (2) of subsection (d), the requirement
under paragraph (1) to review a record on a page-by-page basis
shall not apply in the case of a record determined, under the
actions specified in the plan pursuant to subsection (b)(1), to be
a record that is highly unlikely to contain Restricted Data or For-
merly Restricted Data.
(d) SUBMISSION OF PLAN.—The Secretary of Energy shall submit
the plan required under subsection (a) to the following:
(1) The Committee on Armed Services of the Senate.
(2) The Committee on National Security of the House of
Representatives.