417
(8) NAVAL
REACTORS.—For naval reactors,
$681,000,000, to be allocated as follows:
(A) 
For 
naval 
reactors 
development,
$660,400,000, to be allocated as follows:
(i) For operation and maintenance,
$636,400,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects au-
thorized in prior years, and land acquisi-
tion related thereto), $24,000,000, to be allo-
cated as follows:
GPN–101 general plant projects,
various locations, $9,000,000.
Project 98–D–200, site laboratory/
facility upgrade, various locations,
$3,000,000.
Project 90–N–102, expended core
facility dry cell project, Naval Reactors
Facility, Idaho, $12,000,000.
(B) For program direction, $20,600,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2000 for payment to
418
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 $73,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-
VATIZATION.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
2000 for privatization initiatives in carrying out environ-
mental restoration and waste management activities nec-
essary for national security programs in the amount of
$228,000,000, to be allocated as follows:
Project 98–PVT–2, spent nuclear fuel dry stor-
age, Idaho Falls, Idaho, $5,000,000.
Project 98–PVT–5, environmental management
and 
waste 
disposal, 
Oak 
Ridge, 
Tennessee,
$20,000,000.
Project 97–PVT–1, tank waste remediation sys-
tem phase I, Hanford, Washington, $106,000,000.
Project 97–PVT–2, advanced mixed waste treat-
ment facility, Idaho Falls, Idaho, $110,000,000.
Project 97–PVT–3, transuranic waste treatment,
Oak Ridge, Tennessee, $12,000,000.
(b) EXPLANATION OF ADJUSTMENT.—The amount au-
thorized to be appropriated in subsection (a) is the sum
of the amounts authorized to be appropriated for the
419
projects in that subsection reduced by $25,000,000 for use
of prior year balances of funds for defense environmental
management privatization.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy sub-
mits to the congressional defense committees the report re-
ferred to in subsection (b) and a period of 60 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 au-
thorized 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 cir-
cumstances relied upon in support of such proposed action.
(2) In the computation of the 60-day period under sub-
section (a), there shall be excluded any day on which either
420
House of Congress is not in session because of an adjourn-
ment 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 de-
nied 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 complete report to the congressional defense com-
mittees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (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
421
current estimated cost of the construction project, which is
authorized by section 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 justifica-
tion 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 ac-
tions and the circumstances making such action nec-
essary; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), 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.
(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated cost
of less than $5,000,000.
422
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 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 Depart-
ment of Energy pursuant to this title between any such au-
thorizations. 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 five percent of any such authoriza-
tion may be transferred between authorizations under para-
graph (1). No such authorization may be increased or de-
creased by more than five percent by a transfer under such
paragraph.
(c) LIMITATION.—The authority provided by this sec-
tion to transfer authorizations—
(1) may only be used to provide funds for items
relating to activities necessary for national security
423
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 Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (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 Sec-
retary 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—
424
(A) for a construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and con-
struction 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 ar-
chitectural 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 such design must be specifically author-
ized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, 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 those funds au-
thorized to be appropriated for advance planning and con-
struction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and
425
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 construc-
tion project until the Secretary has submitted to the con-
gressional defense committees a report on the activities that
the Secretary intends to carry out under this section and
the circumstances making such 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 SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriations 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 con-
nection with all national security programs of the Depart-
ment 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.
426
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—
Amounts appropriated for program direction pursuant to
an authorization of appropriations in subtitle A shall re-
main available to be expended only until the end of fiscal
year 2001.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
ronmental 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
427
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 REQUIRE-
MENTS.—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 Manage-
ment, shall notify Congress of any transfer of funds pursu-
ant 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 paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental res-
toration or waste management activities nec-
essary for national security programs of the De-
partment, that is being carried out by the office,
428
and for which defense environmental manage-
ment funds have been authorized and appro-
priated before the date of enactment of this Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the Depart-
ment of Energy pursuant to an authorization for car-
rying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams.
(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, 1999, and ending on September 30, 2000.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. LIMITATION ON USE AT DEPARTMENT OF EN-
ERGY 
LABORATORIES 
OF 
FUNDS 
APPRO-
PRIATED FOR THE INITIATIVES FOR PRO-
LIFERATION PREVENTION PROGRAM.
(a) LIMITATION.—Not more than 25 percent of the
funds appropriated for any fiscal year for the program of
the Department of Energy known as the Initiatives for Pro-
liferation Prevention Program may be spent at the Depart-
ment of Energy laboratories.