[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2058 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2058

_______________________________________________________________________

                                 AN ACT


 
To authorize appropriations for fiscal year 1999 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 1999''.

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. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
                            activities.
Sec. 3127. Funds available for all national security programs of the 
                            Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. International cooperative stockpile stewardship.
Sec. 3132. Prohibition on use of funds for ballistic missile defense 
                            and theater missile defense.
Sec. 3133. Licensing of certain mixed oxide fuel fabrication and 
                            irradiation facilities.
Sec. 3134. Continuation of processing, treatment, and disposition of 
                            legacy nuclear materials.
Sec. 3135. Authority for Department of Energy federally funded research 
                            and development centers to participate in 
                            merit-based technology research and 
                            development programs.
Sec. 3136. Support for public education in the vicinity of Los Alamos 
                            National Laboratory, New Mexico.
Sec. 3137. Cost-sharing for operation of the Hazardous Materials 
                            Management and Emergency Response training 
                            facility, Richland, Washington.
Sec. 3138. Hanford Health Information Network.
Sec. 3139. Nonproliferation activities.
Sec. 3140. Activities of the contractor-operated facilities of the 
                            Department of Energy.
Sec. 3140A. Relocation of National Atomic Museum, Albuquerque, New 
                            Mexico.
                       Subtitle D--Other Matters

Sec. 3141. Repeal of fiscal year 1998 statement of policy on stockpile 
                            stewardship program.
Sec. 3142. Increase in maximum rate of pay for scientific, engineering, 
                            and technical personnel responsible for 
                            safety at defense nuclear facilities.
Sec. 3143. Sense of Senate regarding treatment of Formerly Utilized 
                            Sites Remedial Action Program under a 
                            nondefense discretionary budget function.
Sec. 3144. Extension of authority for appointment of certain 
                            scientific, engineering, and technical 
                            personnel.
Sec. 3145. Extension of authority of Department of Energy to pay 
                            voluntary separation incentive payments.
Sec. 3146. Inspection of permanent records prior to declassification.
Sec. 3147. Sense of Senate regarding memoranda of understanding with 
                            the State of Oregon relating to Hanford.
Sec. 3148. Review of calculation of overhead costs of cleanup at 
                            Department of Energy sites.
Sec. 3149. Sense of the Congress on funding requirements for the 
                            nonproliferation science and technology 
                            activities of the Department of Energy.
Sec. 3150. Deadline for selection of technology for tritium production.
Subtitle E--Maximum Age for New Department of Energy Nuclear Materials 
                                Couriers

Sec. 3161. Maximum age to enter nuclear courier force.
Sec. 3162. Definition.
Sec. 3163. Amending section 8334(a)(1) of title 5, U.S.C.
Sec. 3164. Amending section 8336(c)(1) of title 5, U.S.C.
Sec. 3165. Amending section 8401 of title 5, U.S.C.
Sec. 3166. Amending section 8412(d) of title 5, U.S.C.
Sec. 3167. Amending section 8415(g) of title 5, U.S.C.
Sec. 3168. Amending section 8422(a)(3) of title 5, U.S.C.
Sec. 3169. Amending sections 8423(a) (1)(B)(i) and (3)(A) of title 5, 
                            U.S.C.
Sec. 3170. Amending section 8335(b) of title 5, U.S.C.
Sec. 3171. Payments.
Sec. 3172. Effective date.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National 
                            Defense Stockpile.
Sec. 3304. Use of stockpile funds for certain environmental 
                            remediation, restoration, waste management, 
                            and compliance activities.
                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.
                  TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title; references to Panama Canal Act of 1979.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Sec. 3505. Donations to the Commission.
Sec. 3506. Agreements for United States to provide post-transfer 
                            administrative services for certain 
                            employee benefits.
Sec. 3507. Sunset of United States overseas benefits just before 
                            transfer.
Sec. 3508. Central Examining Office.
Sec. 3509. Liability for vessel accidents.
Sec. 3510. Placement of United States citizens in positions with the 
                            United States Government.
Sec. 3511. Panama Canal Board of Contract Appeals.
Sec. 3512. Technical amendments.
Sec. 3513. Officer of the Department of Defense designated as a member 
                            of the Panama Canal Commission Supervisory 
                            Board.
     TITLE XXXVI--COMMERCIAL ACTIVITIES OF PEOPLE'S LIBERATION ARMY

Sec. 3601. Application of authorities under the International Emergency 
                            Economic Powers Act to Chinese military 
                            companies.
Sec. 3602. Definition.
                TITLE XXXVII--FORCED OR INDENTURED LABOR

Sec. 3701. Findings.
Sec. 3702. Authorization for additional Customs personnel to monitor 
                            the importation of products made with 
                            forced or indentured labor.
Sec. 3703. Reporting requirement on forced labor or indentured labor 
                            products destined for the United States 
                            market.
Sec. 3704. Renegotiating memoranda of understanding on forced labor.
             TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS

Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Re-establishment of initiative on automotive parts sales to 
                            Japan.
Sec. 3804. Establishment of special advisory committee on automotive 
                            parts sales in Japanese and other Asian 
                            markets.
Sec. 3805. Expiration date
                     TITLE XXXIX --RADIO FREE ASIA

Sec. 3901. Short title.
Sec. 3902. Findings.
Sec. 3903. Authorization of appropriations for increased funding for 
                            Radio Free Asia and Voice of America 
                            broadcasting to China.
Sec. 3904. Reporting requirement.

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. WEAPONS ACTIVITIES.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 1999 for weapons activities in 
carrying out programs necessary for national security in the amount of 
$4,519,700,000, to be allocated as follows:
            (1) Stockpile stewardship.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for stockpile stewardship in carrying out weapons 
        activities necessary for national security programs in the 
        amount of $2,123,375,000, to be allocated as follows:
                    (A) For core stockpile stewardship, $1,556,375,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $1,440,832,000.
                            (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), $115,543,000, to be allocated 
                        as follows:
                                    Project 99-D-102, rehabilitation of 
                                maintenance facility, Lawrence 
                                Livermore National Laboratory, 
                                Livermore, California, $6,500,000.
                                    Project 99-D-103, isotope sciences 
                                facilities, Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $4,000,000.
                                    Project 99-D-104, protection of 
                                real property (roof replacement-Phase 
                                II), Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $7,300,000.
                                    Project 99-D-105, central health 
                                physics calibration facility, TA-36, 
                                Los Alamos National Laboratory, Los 
                                Alamos, New Mexico, $3,900,000.
                                    Project 99-D-106, model validation 
                                and system certification test center, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $1,600,000.
                                    Project 99-D-107, Joint 
                                Computational Engineering Laboratory, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $1,800,000.
                                    Project 99-D-108, renovate existing 
                                roadways, Nevada Test Site, Nevada, 
                                $2,000,000.
                                    Project 97-D-102, dual-axis 
                                radiographic hydrotest facility 
                                (DARHT), Los Alamos National 
                                Laboratory, Los Alamos, New Mexico, 
                                $36,000,000.
                                    Project 96-D-102, stockpile 
                                stewardship facilities revitalization, 
                                Phase VI, various locations, 
                                $20,423,000.
                                    Project 96-D-103, ATLAS, Los Alamos 
                                National Laboratory, Los Alamos, New 
                                Mexico, $6,400,000.
                                    Project 96-D-104, processing and 
                                environmental technology laboratory 
                                (PETL), Sandia National Laboratories, 
                                Albuquerque, New Mexico, $18,920,000.
                                    Project 96-D-105, contained firing 
                                facility (CFF) addition, Lawrence 
                                Livermore National Laboratory, 
                                Livermore, California, $6,700,000.
                    (B) For inertial fusion, $498,000,000, to be 
                allocated as follows:
                            (i) For operation and maintenance, 
                        $213,800,000.
                            (ii) For the following plant project 
                        (including maintenance, restoration, planning, 
                        construction, acquisition, and modification of 
                        facilities, and land acquisition related 
                        thereto), $284,200,000, to be allocated as 
                        follows:
                                    Project 96-D-111, national ignition 
                                facility (NIF), Lawrence Livermore 
                                National Laboratory, Livermore, 
                                California, $284,200,000.
                    (C) For technology partnerships and education, 
                $69,000,000, to be allocated as follows:
                            (i) For technology partnerships, 
                        $60,000,000.
                            (ii) For education, $9,000,000.
            (2) Stockpile management.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for stockpile management in carrying out weapons 
        activities necessary for national security programs in the 
        amount of $2,140,825,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,040,803,000.
                    (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), $100,022,000, to be 
                allocated as follows:
                            Project 99-D-122, rapid reactivation, 
                        various locations, $11,200,000.
                            Project 99-D-123, replace mechanical 
                        utility systems, Y-12 Plant, Oak Ridge, 
                        Tennessee, $1,900,000.
                            Project 99-D-125, replace boilers and 
                        controls, Kansas City Plant, Kansas City, 
                        Missouri, $1,000,000.
                            Project 99-D-127, stockpile management 
                        restructuring initiative, Kansas City Plant, 
                        Kansas City, Missouri, $13,700,000.
                            Project 99-D-128, stockpile management 
                        restructuring initiative, Pantex Plant, 
                        Amarillo, Texas, $1,108,000.
                            Project 99-D-132, nuclear materials 
                        safeguards and security upgrades project, Los 
                        Alamos National Laboratory, Los Alamos, New 
                        Mexico, $9,700,000.
                            Project 98-D-123, stockpile management 
                        restructuring initiative, tritium factory 
                        modernization and consolidation, Savannah River 
                        Site, Aiken, South Carolina, $27,500,000.
                            Project 98-D-124, stockpile management 
                        restructuring initiative, Y-12 Plant 
                        consolidation, Oak Ridge, Tennessee, 
                        $10,700,000.
                            Project 97-D-122, nuclear materials storage 
                        facility renovation, Los Alamos National 
                        Laboratory, Los Alamos, New Mexico, $4,864,000.
                            Project 97-D-123, structural upgrades, 
                        Kansas City Plant, Kansas City, Missouri, 
                        $6,400,000.
                            Project 96-D-122, sewage treatment quality 
                        upgrade (STQU), Pantex Plant, Amarillo, Texas, 
                        $3,700,000.
                            Project 95-D-102, chemistry and metallurgy 
                        research building (CMR) upgrades project, Los 
                        Alamos National Laboratory, Los Alamos, New 
                        Mexico, $5,000,000.
                            Project 93-D-122, life safety upgrades, Y-
                        12 Plant, Oak Ridge, Tennessee, $3,250,000.
            (3) Program direction.--Funds are hereby authorized to be 
        appropriated to the Department of Energy for fiscal year 1999 
        for program direction in carrying out weapons activities 
        necessary for national security programs in the amount of 
        $255,500,000.
    (b) Adjustment.--The total amount authorized to be appropriated in 
paragraphs (1), (2), and (3) of subsection (a) is the sum of the 
amounts authorized to be appropriated by such paragraphs reduced by the 
sum of $145,000,000 for use of prior year balances.

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 1999 for environmental 
restoration and waste management in carrying out programs necessary for 
national security in the amount of $5,323,143,000, to be allocated as 
follows:
            (1) Site and project completion.--Funds are hereby 
        authorized to be appropriated to the Department of Energy for 
        fiscal year 1999 for site project and completion in carrying 
        out environmental restoration and waste management activities 
        necessary for national security programs in the amount of 
        $1,047,253,000, to be allocated as follows:
                    (A) For operation and maintenance, $848,090,000.
                    (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), $199,163,000, to be 
                allocated as follows:
                            Project 99-D-402, tank farm support 
                        services, F&H area, Savannah River Site, Aiken, 
                        South Carolina, $2,745,000.
                            Project 99-D-404, health physics 
                        instrumentation laboratory, Idaho National 
                        Engineering and Environmental Laboratory, Idaho 
                        Falls, Idaho, $950,000.
                            Project 98-D-401, H-tank farm storm water 
                        systems upgrade, Savannah River Site, Aiken, 
                        South Carolina, $3,120,000.
                            Project 98-D-453, plutonium stabilization 
                        and handling system for plutonium finishing 
                        plant, Richland, Washington, $26,814,000.
                            Project 98-D-700, road rehabilitation, 
                        Idaho National Engineering and Environmental 
                        Laboratory, Idaho Falls, Idaho, $7,710,000.
                            Project 97-D-450, actinide packaging and 
                        storage facility, Savannah River Site, Aiken, 
                        South Carolina, $79,184,000.
                            Project 97-D-470, regulatory monitoring and 
                        bioassay laboratory, Savannah River Site, 
                        Aiken, South Carolina, $7,000,000.
                            Project 96-D-406, spent nuclear fuels 
                        canister storage and stabilization facility, 
                        Richland, Washington, $38,680,000.
                            Project 96-D-408, waste management 
                        upgrades, Kansas City Plant, Kansas City, 
                        Missouri, and Savannah River Site, Aiken, South 
                        Carolina, $4,512,000.
                            Project 96-D-464, electrical and utility 
                        systems upgrade, Idaho Chemical Processing 
                        Plant, Idaho National Engineering and 
                        Environmental Laboratory, Idaho Falls, Idaho, 
                        $11,544,000.
                            Project 96-D-471, chlorofluorocarbon 
                        heating, ventilation, and air conditioning and 
                        chiller retrofit, Savannah River Site, Aiken, 
                        South Carolina, $8,000,000.
                            Project 95-D-456, security facilities 
                        consolidation, Idaho Chemical Processing Plant, 
                        Idaho National Engineering and Environmental 
                        Laboratory, Idaho Falls, Idaho, $485,000.
                            Project 92-D-140, F-canyon and H-canyon 
                        exhaust upgrades, Savannah River Site, Aiken, 
                        South Carolina, $3,667,000.
                            Project 86-D-103, decontamination and waste 
                        treatment facility, Lawrence Livermore National 
                        Laboratory, Livermore, California, $4,752,000.
            (2) Post 2006 completion.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for post 2006 project completion in carrying out 
        environmental restoration and waste management activities 
        necessary for national security programs in the amount of 
        $2,683,451,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,602,195,000.
                    (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), $81,256,000, to be 
                allocated as follows:
                            Project 99-D-403, privatization phase I 
                        infrastructure support, Richland, Washington, 
                        $14,800,000.
                            Project 97-D-402, tank farm restoration and 
                        safe operations, Richland, Washington, 
                        $22,723,000.
                            Project 96-D-408, waste management 
                        upgrades, Richland, Washington, $171,000.
                            Project 94-D-407, initial tank retrieval 
                        systems, Richland, Washington, $32,860,000.
                            Project 93-D-187, high-level waste removal 
                        from filled waste tanks, Savannah River Site, 
                        Aiken, South Carolina, $10,702,000.
            (3) Closure projects.--Funds are hereby authorized to be 
        appropriated to the Department of Energy for fiscal year 1999 
        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. 7274n) in 
        the amount of $1,006,240,000.
            (4) Technology development.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for science and technology in carrying out environmental 
        restoration and waste management activities necessary for 
        national security programs in the amount of $250,000,000.
            (5) Program direction.--Funds are hereby authorized to be 
        appropriated to the Department of Energy for fiscal year 1999 
        for program direction in carrying out environmental restoration 
        and waste management activities necessary for national security 
        programs in the amount of $336,199,000.
    (b) Adjustment.--The total amount authorized to be appropriated in 
paragraphs (1), (2), (3), and (5) of subsection (a) is the sum of the 
amounts authorized to be appropriated by such paragraphs reduced by the 
sum of $21,000,000 for use of prior year balances.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1999 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$1,672,160,000, to be allocated as follows:
            (1) Verification and control technology.--For verification 
        and control technology, $483,500,000, to be allocated as 
        follows:
                    (A) For nonproliferation and verification research 
                and development, $210,000,000.
                    (B) For arms control, $236,900,000.
                    (C) For intelligence, $36,600,000.
            (2) Nuclear safeguards and security.--For nuclear 
        safeguards and security, $53,200,000.
            (3) Security investigations.--For security investigations, 
        $30,000,000.
            (4) Emergency management.--For emergency management, 
        $23,700,000.
            (5) Program direction.--For program direction, 
        nonproliferation and national security, $84,900,000.
            (6) Worker and community transition assistance.--For worker 
        and community transition assistance, $40,000,000, to be 
        allocated as follows:
                    (A) For worker and community transition, 
                $36,000,000.
                    (B) For program direction, worker and community 
                transition assistance, $4,000,000.
            (7) Fissile materials control and disposition.--For fissile 
        materials control and disposition, $168,960,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $111,372,000.
                    (B) For program direction, fissile materials 
                control and disposition, $4,588,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and land acquisition 
                related thereto), $53,000,000, to be allocated as 
                follows:
                            Project 99-D-141, pit disassembly and 
                        conversion facility, location to be determined, 
                        $25,000,000.
                            Project 99-D-143, mixed oxide fuel 
                        fabrication facility, location to be 
                        determined, $28,000,000.
            (8) Environment, safety, and health.--For environment, 
        safety, and health, defense, $69,000,000, to be allocated as 
        follows:
                    (A) For the Office of Environment, Safety, and 
                Health (Defense), $64,231,000.
                    (B) For program direction, environment, safety, and 
                health (defense), $4,769,000.
            (9) Office of hearings and appeals.--For the Office of 
        Hearings and Appeals, $2,400,000.
            (10) International nuclear safety.--For international 
        nuclear safety, $35,000,000.
            (11) Naval reactors.--For naval reactors, $681,500,000, to 
        be allocated as follows:
                    (A) For naval reactors development, $661,400,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $639,600,000.
                            (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), $12,800,000, to be allocated 
                        as follows:
                                    Project 98-D-200, site laboratory/
                                facility upgrade, various locations, 
                                $7,000,000.
                                    Project 90-N-102, expended core 
                                facility dry cell project, Naval 
                                Reactors facility, Idaho Falls, Idaho, 
                                $5,800,000.
                            (iii) For general plant projects, 
                        $9,000,000, to be allocated as follows:
                                    Project GPN-101, general plant 
                                projects, various locations, 
                                $9,000,000.
                    (B) For program direction, naval reactors, 
                $20,100,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1999 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 $190,000,000.

SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 1999 for privatization 
initiatives in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $273,857,000, to be allocated as follows:
            Project 99-PVT-1, remote handled transuranic waste 
        transportation, Carlsbad, New Mexico, $19,605,000.
            Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
        Falls, Idaho, $20,000,000.
            Project 98-PVT-5, waste disposal, Oak Ridge, Tennessee, 
        $33,500,000.
            Project 97-PVT-1, tank waste remediation system phase I, 
        Hanford, Washington, $113,500,000.
            Project 97-PVT-2, advanced mixed waste treatment facility, 
        Idaho Falls, Idaho, $87,252,000.
    (b) Adjustment.--The amount authorized to be appropriated in 
subsection (a) is the sum of the amounts authorized to be appropriated 
for the projects set forth in that subsection reduced by the sum of 
$32,000,000 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 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 
such 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 complete 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, 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 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 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.

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 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 five percent of any such authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than five percent 
by a transfer under such paragraph.
    (c) Limitation.--The authority provided by this section to transfer 
authorizations--
            (1) may only be used 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 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 CONSTRUCTION DESIGN.

    (a) Requirement for 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 
such 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 those 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 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 SECURITY 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 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 2001.

SEC. 3129. TRANSFERS 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) An activity carried out pursuant to paragraph 
                (1), (2), or (3) of section 3102(a).
                    (B) A project or program 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 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, 1998, and ending on September 
30, 1999.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

    (a) Funding Prohibition.--No funds authorized to be appropriated or 
otherwise available to the Department of Energy for fiscal year 1999 
may be obligated or expended to conduct any activities associated with 
international cooperative stockpile stewardship.
    (b) Exceptions.--Subsection (a) does not apply to the following:
            (1) Activities conducted between the United States and the 
        United Kingdom.
            (2) Activities conducted between the United States and 
        France.
            (3) Activities carried out under title III of this Act 
        relating to cooperative threat reduction with states of the 
        former Soviet Union.

SEC. 3132. PROHIBITION ON USE OF FUNDS FOR BALLISTIC MISSILE DEFENSE 
              AND THEATER MISSILE DEFENSE.

    No funds authorized to be appropriated or otherwise made available 
to the Department of Energy by this title for fiscal year 1999 may be 
obligated or expended for any activities (including research, 
development, test, and evaluation activities, demonstration activities, 
or studies) relating to ballistic missile defense or theater missile 
defense.

SEC. 3133. LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATION AND 
              IRRADIATION FACILITIES.

    (a) License Requirement.--Notwithstanding section 110 a. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2140(a)), no person may construct 
or operate a facility referred to in subsection (b) without obtaining a 
license from the Nuclear Regulatory Commission.
    (b) Covered Facilities.--(1) Except as provided in paragraph (2), 
subsection (a) applies to any facility under a contract with and for 
the account of the Department of Energy that fabricates mixed 
plutonium-uranium oxide nuclear reactor fuel for use in a commercial 
nuclear reactor.
    (2) Subsection (a) does not apply to any such facility that is 
utilized for research, development, demonstration, testing, or analysis 
purposes.
    (c) Availability of Funds for Licensing by NRC.--Section 210 of the 
Department of Energy National Security and Military Applications of 
Nuclear Energy Authorization Act of 1981 (42 U.S.C. 7272) shall not 
apply to any licensing activities required as a result of subsection 
(a).
    (d) Applicability of Occupational Safety and Health Requirements to 
Activities under License.--Any activities carried out under a license 
referred to in subsection (a) shall be subject to regulation under the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF 
              LEGACY NUCLEAR MATERIALS.

    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 and shall provide technical staff necessary to 
operate and so maintain such facilities.

SEC. 3135. AUTHORITY FOR DEPARTMENT OF ENERGY FEDERALLY FUNDED RESEARCH 
              AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT-BASED 
              TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS.

    Section 217(f)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2695) is amended by 
inserting ``or of the Department of Energy'' after ``the Department of 
Defense''.

SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS 
              NATIONAL LABORATORY, NEW MEXICO.

    (a) Availability of Funds.--Of the funds authorized to be 
appropriated or otherwise made available to the Department of Energy by 
this title, $5,000,000 shall be available for payment by the Secretary 
of Energy to the educational foundation chartered to enhance 
educational activities in the public schools in the vicinity of Los 
Alamos National Laboratory, New Mexico (in this section referred to as 
the ``Foundation'').
    (b) Use of Funds.--(1) The Foundation shall utilize funds provided 
under subsection (a) as a contribution to an endowment fund for the 
Foundation.
    (2) The Foundation shall use the income generated from investments 
in the endowment fund that are attributable to the payment made under 
subsection (a) to fund programs to support the educational needs of 
children in public schools in the vicinity of Los Alamos National 
Laboratory.

SEC. 3137. COST-SHARING FOR OPERATION OF THE HAZARDOUS MATERIALS 
              MANAGEMENT AND EMERGENCY RESPONSE TRAINING FACILITY, 
              RICHLAND, WASHINGTON.

    The Secretary of Energy may enter into partnership arrangements 
with Federal and non-Federal entities to share the costs of operating 
the Hazardous Materials Management and Emergency Response training 
facility authorized under section 3140 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
3088). Such arrangements may include the exchange of equipment and 
services.

SEC. 3138. HANFORD HEALTH INFORMATION NETWORK.

    Of the funds authorized to be appropriated or otherwise made 
available to the Department of Energy by section 3102, $2,500,000 shall 
be available for activities relating to the Hanford Health Information 
Network established pursuant to the authority in section 3138 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public Law 
101-510; 104 Stat. 1834), as amended by section 3138(b) of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 3087).

SEC. 3139. NONPROLIFERATION ACTIVITIES.

    (a) Initiatives for Proliferation Prevention Program.--Of the 
amount authorized to be appropriated by section 3103(1)(B), $30,000,000 
may be available for the Initiatives for Proliferation Prevention 
program.
    (b) Nuclear Cities Initiative.--Of the amount authorized to be 
appropriated by section 3103(1)(B), $30,000,000 may be available for 
the purpose of implementing the initiative arising pursuant to the 
March 1998 discussions 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 (the so-called ``nuclear cities'' 
initiative).

SEC. 3140. ACTIVITIES OF THE CONTRACTOR-OPERATED FACILITIES OF THE 
              DEPARTMENT OF ENERGY.

    (a) Research and Activities on Behalf of Non-Department Persons and 
Entities.--(1) The Secretary of Energy may conduct research and other 
activities referred to in paragraph (2) through contractor-operated 
facilities of the Department of Energy on behalf of other departments 
and agencies of the Government, agencies of State and local 
governments, and private persons and entities.
    (2) The research and other activities that may be conducted under 
paragraph (1) are those which the Secretary is authorized to conduct by 
law, and include, but are not limited to, research and activities 
authorized under the following:
            (A) Section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2053).
            (B) Section 107 of the Energy Reorganization Act of 1974 
        (42 U.S.C. 5817).
            (C) The Federal Nonnuclear Energy Research and Development 
        Act of 1974 (42 U.S.C. 5901 et seq.).
    (b) Charges.--(1) The Secretary shall impose on the department, 
agency, or person or entity for whom research and other activities are 
carried out under subsection (a) a charge for such research and 
activities equal to not more than the full cost incurred by the 
contractor concerned in carrying out such research and activities, 
which cost shall include--
            (A) the direct cost incurred by the contractor in carrying 
        out such research and activities; and
            (B) the overhead cost including site-wide indirect costs 
        associated with such research and activities.
    (2)(A) Subject to subparagraph (B), the Secretary shall also impose 
on the department, agency, or person or entity concerned a Federal 
administrative charge (which includes any depreciation and imputed 
interest charges) in an amount not to exceed 3 percent of the full cost 
incurred by the contractor concerned in carrying out the research and 
activities concerned.
    (B) The Secretary may waive the imposition of the Federal 
administrative charge required by subparagraph (A) in the case of 
research and other activities conducted on behalf of small business 
concerns, institutions of higher education, non-profit entities, and 
State and local governments.
    (3) Not later than 2 years after the date of enactment of this Act, 
the Secretary shall terminate any waiver of charges under section 33 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2053) that were made before 
such date, unless the Secretary determines that such waiver should be 
continued.
    (c) Pilot Program of Reduced Facility Overhead Charges.--(1) The 
Secretary may, with the cooperation of participating contractors of the 
contractor-operated facilities of the Department, carry out a pilot 
program under which the Secretary and such contractors reduce the 
facility overhead charges imposed under this section for research and 
other activities conducted under this section.
    (2) The Secretary shall carry out the pilot program at contractor-
operated facilities selected by the Secretary in consultation with the 
contractors concerned.
    (3) The Secretary shall determine the facility overhead charges to 
be imposed under the pilot program based on their joint review of all 
items included in the overhead costs of the facility concerned in order 
to determine which items are appropriately incurred as facility 
overhead charges by the contractor in carrying out research and other 
activities at such facility under this section.
    (4) The Secretary shall commence carrying out the pilot program not 
later than October 1, 1999, and shall terminate the pilot program on 
September 30, 2003.
    (5) Not later than January 31, 2003, the Secretary shall submit to 
the congressional defense committees, the Committee on Energy and 
Natural Resources of the Senate, and other appropriate committees of 
the House of Representatives an interim report on the results of the 
pilot program under this subsection. The report shall include any 
recommendations for the extension or expansion of the pilot program, 
including the establishment of multiple rates of overhead charges for 
various categories of persons and entities seeking research and other 
activities in contractor-operated facilities of the Department.
    (d) Partnerships and Interactions.--(1) The Secretary of Energy may 
encourage partnerships and interactions between each contractor-
operated facility of the Department of Energy and universities and 
private businesses.
    (2) The Secretary may take into account the progress of each 
contractor-operated facility of the Department in developing and 
expanding partnerships and interactions under paragraph (1) in 
evaluating the annual performance of such contractor-operated facility.
    (e) Small Business Technology Partnership Program.--(1) The 
Secretary may require that each contractor operating a facility of the 
Department establish a program at such facility under which the 
contractor may enter into partnerships with small businesses at such 
facility relating to technology.
    (2) The amount of funds expended by a contractor under a program 
under paragraph (1) at a particular facility may not exceed an amount 
equal to 0.25 percent of the total operating budget of the facility.
    (3) Amounts expended by a contractor under a program--
            (A) shall be used to cover the costs (including research 
        and development costs and technical assistance costs) incurred 
        by the contractor in connection with activities under the 
        program; and
            (B) may not be used for direct grants to small businesses.
    (4) The Secretary shall submit to the congressional defense 
committees, the Committee on Energy and Natural Resources of the 
Senate, and the appropriate committee of the House of Representatives, 
together with the budget of the President for each fiscal year that is 
submitted to Congress under section 1105 of title 31, United States 
Code, an assessment of the program under this subsection during the 
preceding year, including the effectiveness of the program in providing 
opportunities for small businesses to interact with and use the 
resources of the contractor-operated facilities of the Department, the 
cost of the program to the Federal Government and any impact on the 
execution of the Department's mission.

SEC. 3140A. RELOCATION OF NATIONAL ATOMIC MUSEUM, ALBUQUERQUE, NEW 
              MEXICO.

    The Secretary of Energy shall submit to the Defense Committees of 
Congress a plan for the design, construction, and relocation of the 
National Atomic Museum in Albuquerque, New Mexico.

                       Subtitle D--Other Matters

SEC. 3141. 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. 3142. INCREASE IN MAXIMUM RATE OF PAY FOR SCIENTIFIC, ENGINEERING, 
              AND TECHNICAL PERSONNEL RESPONSIBLE FOR SAFETY AT DEFENSE 
              NUCLEAR FACILITIES.

    Section 3161(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1995 (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. 3143. SENSE OF SENATE REGARDING TREATMENT OF FORMERLY UTILIZED 
              SITES REMEDIAL ACTION PROGRAM UNDER A NONDEFENSE 
              DISCRETIONARY BUDGET FUNCTION.

    It is the sense of the Senate that the Office of Management and 
Budget should, beginning with fiscal year 2000, transfer the Formerly 
Utilized Sites Remedial Action Program from the 050 budget function to 
a nondefense discretionary budget function.

SEC. 3144. 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 out 
``September 30, 1999'' and inserting in lieu thereof ``September 30, 
2000''.

SEC. 3145. 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 voluntary 
separation incentive payments under subsection (a) in accordance with 
the provisions of such section 663.

SEC. 3146. INSPECTION OF PERMANENT RECORDS PRIOR TO DECLASSIFICATION.

    Section 3155 of the National Defense Authorization Act for Fiscal 
Year 1996 (P.L. 104-106) is amended by inserting the following:
    ``(c) Agencies, including the National Archives and Records 
Administration, shall conduct a visual inspection of all permanent 
records of historical value which are 25 years old or older prior to 
declassification to ascertain that they contain no pages with 
Restricted Data (RD) or Formerly Restricted Data (FRD) markings (as 
defined by the Atomic Energy Act of 1954, as amended). Record 
collection in which marked RD or FRD is found shall be set aside 
pending the completion of a review by the Department of Energy.''.

SEC. 3147. SENSE OF SENATE REGARDING MEMORANDA OF UNDERSTANDING WITH 
              THE STATE OF OREGON RELATING TO HANFORD.

    (a) Findings.--The Senate makes the following findings:
            (1) The Department of Energy and the State of Washington 
        have entered into memoranda of understanding with the State of 
        Oregon to provide the State of Oregon greater involvement in 
        decisions regarding the Hanford Reservation.
            (2) Hanford has an impact on the State of Oregon, and the 
        State of Oregon has an interest in the decisions made regarding 
        Hanford.
            (3) The Department of Energy and the State of Washington 
        are to be congratulated for entering into the memoranda of 
        understanding with the State of Oregon regarding Hanford.
    (b) Sense of Senate.--It is the sense of the Senate to--
            (1) encourage the Department of Energy and the State of 
        Washington to implement the memoranda of understanding 
        regarding Hanford in ways that result in continued involvement 
        by the State of Oregon in decisions of concern to the State of 
        Oregon regarding Hanford; and
            (2) encourage the Department of Energy and the State of 
        Washington to continue similar efforts to permit ongoing 
        participation by the State of Oregon in the decisions regarding 
        Hanford that may affect the environment or public health or 
        safety of the citizens of the State of Oregon.

SEC. 3148. REVIEW OF CALCULATION OF OVERHEAD COSTS OF CLEANUP AT 
              DEPARTMENT OF ENERGY SITES.

    (a) Review.--(1) The Comptroller General shall--
            (A) carry out a review of the methods currently used by the 
        Department of Energy for calculating overhead costs (including 
        direct overhead costs and indirect overhead costs) associated 
        with the cleanup of Department sites; and
            (B) pursuant to the review, identify how such costs are 
        allocated among different program and budget accounts of the 
        Department.
    (2) The review shall include the following:
            (A) All activities whose costs are spread across other 
        accounts of a Department site or of any contractor performing 
        work at a site.
            (B) Support service overhead costs, including activities or 
        services which are paid for on a per-unit-used basis.
            (C) All fees, awards, and other profit on indirect and 
        support service overhead costs or fees that are not attributed 
        to performance on a single project.
            (D) Any portion of contractor costs for which there is no 
        competitive bid.
            (E) All computer service and information management costs 
        that have been previously reported as overhead costs.
            (F) Any other costs that the Comptroller General considers 
        appropriate to categorize as direct or indirect overhead costs.
    (b) Report.--Not later than January 31, 1999, the Comptroller 
General shall submit to Congress a report setting forth the findings of 
the Comptroller as a result of the review under subsection (a). The 
report shall include the recommendations of the Comptroller regarding 
means of standardizing the methods used by the Department for 
allocating and reporting overhead costs associated with the cleanup of 
Department sites.

SEC. 3149. SENSE OF THE CONGRESS ON FUNDING REQUIREMENTS FOR THE 
              NONPROLIFERATION SCIENCE AND TECHNOLOGY ACTIVITIES OF THE 
              DEPARTMENT OF ENERGY.

    (a) Funding Requirements for the Nonproliferation Science and 
Technology Activities Budget.--It is the sense of the Congress that for 
each of the fiscal years 2000 through 2008, it should be an objective 
of the Secretary of Energy to increase the budget for the 
nonproliferation science and technology activities for the fiscal year 
over the budget for those activities for the preceding fiscal year by a 
percent that is at least two percent above the rate of inflation as 
determined by the Office of Management and Budget.
    (b) Nonproliferation Science and Technology Activities Defined.--In 
this section, the term ``nonproliferation science and technology 
activities'' means activities (including program direction activities) 
relating to preventing and countering the proliferation of weapons of 
mass destruction that are funded by the Department of Energy under the 
following programs and projects:
            (1) The Verification and Control Technology program within 
        the Office of Nonproliferation and National Security.
            (2) Projects under the ``Technology and Systems 
        Development'' element of the Nuclear Safeguards and Security 
        program within the Office of Nonproliferation and National 
        Security.
            (3) Projects relating to a national capability to assess 
        the credibility of radiological and extortion threats, or to 
        combat nuclear materials trafficking or terrorism, under the 
        Emergency Management program within the Office of 
        Nonproliferation and National Security.
            (4) Projects relating to the development or integration of 
        new technology to respond to emergencies and threats involving 
        the presence, or possible presence, of weapons of mass 
        destruction, radiological emergencies, and related terrorist 
        threats, under the Office of Defense Programs.

SEC. 3150. DEADLINE FOR SELECTION OF TECHNOLOGY FOR TRITIUM PRODUCTION.

    (a) Deadline.--The Secretary of Energy shall select a technology 
for the production of tritium not later than December 31, 1998.
    (b) Options Available for Selection.--Notwithstanding any provision 
of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), after the 
completion of the Department of Energy's evaluation of their 
Interagency Review on the production of tritium, the Secretary shall 
make the selection for tritium production consistent with the laws, 
regulations and procedures of the Department of Energy as stated in 
subsection (a).

Subtitle E--Maximum Age for New Department of Energy Nuclear Materials 
                                Couriers

SEC. 3161. MAXIMUM AGE TO ENTER NUCLEAR COURIER FORCE.

    Section 3307 of title 5, United States Code, is amended as 
follows--
            (1) by striking in subsection (a) ``and (d)'' and inserting 
        in its place ``(d), (e), and (f)''; and
            (2) by adding the following new subsection (f) after 
        subsection (e):
    ``(f) The Secretary of Energy may determine and fix the maximum age 
limit for an original appointment to a position as a Department of 
Energy nuclear materials courier, so defined by section 8331(27) of 
this title.

SEC. 3162. DEFINITION.

    Section 8331 of title 5, United States Code, is amended by adding 
the following new paragraph (27) after paragraph (26):
            ``(27) Department of Energy nuclear materials courier means 
        an employee of the Department of Energy or its predecessor 
        agencies, 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, including an employee 
        who remains fully certified to engage in this activity who is 
        transferred to a supervisory, training, or administrative 
        position.''.

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

    (a) The first sentence of section 8334(a)(1) of title 5, United 
States Code, is amended by striking ``and a firefighter'', and 
inserting in its place ``a firefighter, and a Department of Energy 
nuclear materials courier,''.
    (b) Section 8334(c) of title 5, United States Code, is amended by 
adding the following new schedule after the schedule for a Member of 
the Capitol Police:

                                                                                                                
                                                                                                                
                                                                                                                
``Department of Energy nuclear          5.....................  July 1, 1942 to June 30, 1948.                  
 materials courier for courier service                          July 1, 1948 to October 31, 1956.               
 (while employed by DOE and its         6.....................                                                  
 predecessor agencies).                                                                                         
                                        6\1/2\................  November 1, 1956 to December 31, 1969.          
                                        7.....................  January 1, 1970 to December 31, 1974.           
                                        7\1/2\................  After December 31, 1974.''.                     
                                                                                                                

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

    Section 8336(c)(1) of title 5, United States Code, is amended by 
striking ``or firefighter'' and inserting in its place, ``a 
firefighter, or a Department of Energy nuclear materials courier,''.

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

    Section 8401 of title 5, United States Code, is amended by adding 
the following new paragraph (33) after paragraph (32):
            ``(33) Department of Energy nuclear materials courier means 
        an employee of the Department of Energy or its predecessor 
        agencies, the duties of whose position are primarily to 
        transport, and provide armed escort and protection during 
        transit of, nuclear weapons, nuclear weapons components, 
        strategic quantities of special nuclear materials, or other 
        materials related to national security, including an employee 
        who remains fully certified to engage in this activity who is 
        transferred to a supervisory, training, or administrative 
        position.''.

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

    Section 8412(d) of title 5, United States Code, is amended by 
striking ``or firefighter'' in paragraphs (1) and (2) and inserting in 
its place, ``a firefighter, or a Department of Energy nuclear materials 
courier,''.

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

    Section 8415(g) of title 5, United States Code, is amended by 
striking ``firefighter'' and inserting in its place ``firefighter, 
Department of Energy nuclear materials courier,''.

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

    Section 8422(a)(3) of title 5, United States Code, is amended by 
striking ``firefighter'' in the schedule and inserting in its place 
``firefighter, Department of Energy nuclear materials courier,''.

SEC. 3169. AMENDING SECTIONS 8423(A) (1)(B)(I) AND (3)(A) OF TITLE 5, 
              U.S.C.

    Sections 8423(a)(1)(B)(i) and 8423(a)(3)(A) of title 5, United 
States Code, are amended by striking ``Firefighters'' and inserting in 
its place ``firefighters, Department of Energy nuclear materials 
couriers,''.

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

    Section 8335(b) of title 5, United States Code, is amended by 
adding the words ``or Department of Energy Nuclear Materials Couriers'' 
after the word ``officer'' in the second sentence.

SEC. 3171. PAYMENTS.

    Any payments made by the Department of Energy to the Civil Service 
Retirement or Disability Fund pursuant to this Act shall be made from 
the Weapons Activities account.

SEC. 3172. EFFECTIVE DATE.

    These amendments are effective at the beginning of the first pay 
period in fiscal year 2000, and applies only to those employees who 
retire after fiscal year 1999.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 1999, 
$17,500,000 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--NATIONAL DEFENSE STOCKPILE

SEC. 3301.  DEFINITIONS.

    In this title:
            (1) The term ``National Defense Stockpile'' means the 
        stockpile provided for in section 4 of the Strategic and 
        Critical Materials Stock Piling Act (50 U.S.C. 98c).
            (2) The term ``National Defense Stockpile Transaction 
        Fund'' means the fund in the Treasury of the United States 
        established under section 9(a) of the Strategic and Critical 
        Materials Stock Piling Act (50 U.S.C. 98h(a)).

SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 1999, the 
National Defense Stockpile Manager may obligate up to $83,000,000 of 
the funds in the National Defense Stockpile Transaction Fund for the 
authorized uses of such funds under section 9(b)(2) of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)), 
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 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. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL 
              DEFENSE STOCKPILE.

    (a) Disposal Required.--Subject to subsection (c), the President 
shall dispose of materials contained in the National Defense Stockpile 
and specified in the table in subsection (b) so as to result in 
receipts to the United States in the amount of $103,000,000 by the end 
of fiscal year 1999 and $377,000,000 by the end of fiscal year 2003.
    (b) Limitation on Disposal Quantity.--The total quantities of 
materials authorized for disposal by the President under subsection (a) 
may not exceed the amounts set forth in the following table:



                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
   Material for disposal                              Quantity          
------------------------------------------------------------------------
Beryllium Metal, vacuum cast..............  227 short tons              
Chromium Metal--EL........................  8,511 short tons            
Columbium Carbide Powder..................  21,372 pounds contained     
Columbium Ferro...........................  249,395 pounds contained    
Columbium Concentrates....................  1,733,454 pounds contained  
Chromium Ferroalloy.......................  92,000 short tons           
Diamond, Stones...........................  3,000,000 carats            
Germanium Metal...........................  28,198 kilograms            
Indium....................................  14,248 troy ounces          
Palladium.................................  1,227,831 troy ounces       
Platinum..................................  439,887 troy ounces         
Tantalum Carbide Powder...................  22,681 pounds contained     
Tantalum Metal Powder.....................  50,000 pounds contained     
Tantalum Minerals.........................  1,751,364 pounds contained  
Tantalum Oxide............................  122,730 pounds contained    
Tungsten Ferro............................  2,024,143 pounds            
Tungsten Carbide Powder...................  2,032,954 pounds            
Tungsten Metal Powder.....................  1,898,009 pounds            
Tungsten Ores & Concentrates..............  76,358,230 pounds.          
------------------------------------------------------------------------

    (c) Minimization of Disruption and Loss.--The President may not 
dispose of materials under subsection (a) to the extent that the 
disposal will result in--
            (1) undue disruption of the usual markets of producers, 
        processors, and consumers of the materials proposed for 
        disposal; or
            (2) avoidable loss to the United States.
    (d) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is 
in addition to, and shall not affect, any other disposal authority 
provided by law regarding the materials specified in such subsection.
    (e) Authorization of Sale.--The authority provided by this section 
to dispose of materials contained in the National Defense Stockpile so 
as to result in receipts of $100,000,000 of the amount specified for 
fiscal year 1999 in subsection (a) by the end of that fiscal year shall 
be effective only to the extent provided in advance in appropriation 
Acts.

SEC. 3304. USE OF STOCKPILE FUNDS FOR CERTAIN ENVIRONMENTAL 
              REMEDIATION, RESTORATION, WASTE MANAGEMENT, AND 
              COMPLIANCE ACTIVITIES.

    Section 9(b)(2) of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98h(b)(2)) is amended--
            (1) by redesignating subparagraphs (J) and (K) as 
        subparagraphs (K) and (L), respectively; and
            (2) by inserting after subparagraph (I) the following new 
        subparagraph (J):
            ``(J) Performance of environmental remediation, 
        restoration, waste management, or compliance activities at 
        locations of the stockpile that are required under a Federal 
        law or are undertaken by the Government under an administrative 
        decision or negotiated agreement.''.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount.--There is hereby authorized to be appropriated to the 
Secretary of Energy $117,000,000 for fiscal year 1999 for the purposes 
of carrying out--
            (1) activities under chapter 641 of title 10, United States 
        Code, relating to the naval petroleum reserves (as defined in 
        section 7420(2) of such title); and
            (2) activities necessary to terminate the administration of 
        Naval Petroleum Reserve Numbered 1 by the Secretary after the 
        sale of that reserve under subtitle B of title XXXIV of the 
        National Defense Authorization Act for Fiscal Year 1996 (Public 
        Law 104-106; 10 U.S.C. 7420 note).
    (b) Availability.--Funds appropriated pursuant to the authorization 
in subsection (a) shall remain available until expended.

                  TITLE XXXV--PANAMA CANAL COMMISSION

SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL ACT OF 1979.

    (a) Short Title.--This title may be cited as the ``Panama Canal 
Commission Authorization Act for Fiscal Year 1999''.
    (b) References to Panama Canal Act of 1979.--Except as otherwise 
expressly provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Panama Canal Act of 1979 (22 U.S.C. 3601 et 
seq.).

SEC. 3502. AUTHORIZATION OF EXPENDITURES.

    (a) In General.--Subject to subsection (b), the Panama Canal 
Commission is authorized to use amounts in the Panama Canal Revolving 
Fund to make such expenditures within the limits of funds and borrowing 
authority available to it in accordance with law, and to make such 
contracts and commitments, as may be necessary under the Panama Canal 
Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, 
improvement, and administration of the Panama Canal for fiscal year 
1999.
    (b) Limitations.--For fiscal year 1999, the Panama Canal Commission 
may expend from funds in the Panama Canal Revolving Fund not more than 
$90,000 for official reception and representation expenses, of which--
            (1) not more than $28,000 may be used for official 
        reception and representation expenses of the Supervisory Board 
        of the Commission;
            (2) not more than $14,000 may be used for official 
        reception and representation expenses of the Secretary of the 
        Commission; and
            (3) not more than $48,000 may be used for official 
        reception and representation expenses of the Administrator of 
        the Commission.

SEC. 3503. PURCHASE OF VEHICLES.

    Notwithstanding any other provision of law, the funds available to 
the Commission shall be available for the purchase and transportation 
to the Republic of Panama of passenger motor vehicles, the purchase 
price of which shall not exceed $23,000 per vehicle.

SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.

    Expenditures authorized under this title may be made only in 
accordance with the Panama Canal Treaties of 1977 and any law of the 
United States implementing those treaties.

SEC. 3505. DONATIONS TO THE COMMISSION.

    Section 1102b (22 U.S.C. 3612b) is amended by adding at the end the 
following new subsection:
    ``(f)(1) The Commission may seek and accept donations of funds, 
property, and services from individuals, foundations, corporations, and 
other private and public entities for the purpose of carrying out its 
promotional activities.
    ``(2) The Commission shall establish written guidelines setting 
forth the criteria to be used in determining whether the acceptance of 
funds, property, or services authorized by paragraph (1) would reflect 
unfavorably upon the ability of the Commission (or any employee of the 
Commission) to carry out its responsibilities or official duties in a 
fair and objective manner or would compromise the integrity or the 
appearance of the integrity of its programs or of any official in those 
programs.''.

SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE POST-TRANSFER 
              ADMINISTRATIVE SERVICES FOR CERTAIN EMPLOYEE BENEFITS.

    Section 1110 (22 U.S.C. 3620) is amended by adding at the end the 
following new subsection:
    ``(c)(1) The Secretary of State may enter into one or more 
agreements to provide for the United States to furnish administrative 
services relating to the benefits described in paragraph (2) after 
December 31, 1999, and to establish appropriate procedures for 
providing advance funding for the services.
    ``(2) The benefits referred to in paragraph (1) are the following:
            ``(A) Pension, disability, and medical benefits provided by 
        the Panama Canal Commission pursuant to section 1245.
            ``(B) Compensation for work injuries covered by chapter 81 
        of title 5, United States Code.''.

SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENEFITS JUST BEFORE 
              TRANSFER.

    (a) Repeals.--Effective 11:59 p.m. (Eastern Standard Time), 
December 30, 1999, the following provisions are repealed and any right 
or condition of employment provided for in, or arising from, those 
provisions is terminated: sections 1206 (22 U.S.C. 3646), 1207 (22 
U.S.C. 3647), 1217(a), (22 U.S.C. 3657(a)), and 1224(11) (22 U.S.C. 
3664(11)), subparagraphs (A), (B), (F), (G), and (H) of section 
1231(a)(2) (22 U.S.C. 3671(a)(2)) and section 1321(e) (22 U.S.C. 
3731(e)).
    (b) Savings Provision for Basic Pay.--Notwithstanding subsection 
(a), benefits based on basic pay, as listed in paragraphs (1), (2), 
(3), (5), and (6) of section 1218 of the Panama Canal Act of 1979, 
shall be paid as if sections 1217(a) and 1231(a)(2) (A) and (B) of that 
Act had been repealed effective 12:00 p.m., December 31, 1999. The 
exception under the preceding sentence shall not apply to any pay for 
hours of work performed on December 31, 1999.
    (c) Nonapplicability to Agencies in Panama Other Than Panama Canal 
Commission.--Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by 
striking out ``the Panama Canal Transition Facilitation Act of 1997'' 
and inserting in lieu thereof ``the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-
85; 110 Stat. 2062), or the Panama Canal Commission Authorization Act 
for Fiscal Year 1999''.

SEC. 3508. CENTRAL EXAMINING OFFICE.

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

SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.

    (a) Commission Liability Subject to Claimant Insurance.--(1) 
Section 1411(a) (22 U.S.C. 3771(a)) is amended by inserting ``to 
section 1419(b) of this Act and'' after ``Subject'' in the first 
sentence.
    (2) Section 1412 (22 U.S.C. 3772) is amended by striking out ``The 
Commission'' in the first sentence and inserting in lieu thereof 
``Subject to section 1419(b) of this Act, the Commission''.
    (3) Section 1416 (22 U.S.C. 3776) is amended by striking out ``A 
claimant'' in the first sentence and inserting in lieu thereof 
``Subject to section 1419(b) of this Act, a claimant''.
    (b) Limitation on Liability.--Section 1419 (22 U.S.C. 3779) is 
amended by designating the text as subsection (a) and by adding at the 
end the following:
    ``(b) The Commission may not consider or pay any claim under 
section 1411 or 1412 of this Act, nor may an action for damages lie 
thereon, unless the claimant is covered by one or more valid policies 
of insurance totalling at least $1,000,000 against the injuries 
specified in those sections. The Commission's liability on any such 
claim shall be limited to damages in excess of all amounts recovered or 
recoverable by the claimant from its insurers. The Commission may not 
consider or pay any claim by an insurer or subrogee of a claimant under 
section 1411 or 1412 of this Act.''.

SEC. 3510. PLACEMENT OF UNITED STATES CITIZENS IN POSITIONS WITH THE 
              UNITED STATES GOVERNMENT.

    Section 1232 (22 U.S.C. 3672) is amended--
            (1) by striking out subsection (d);
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c)(1) Upon the request of an employee or former employee of the 
Panama Canal Commission described in paragraph (2), the employee shall 
be afforded eligibility for appointment on a noncompetitive basis to 
vacant positions in the competitive service of the civil service 
within--
            ``(A) an area determined by the Director of the Office of 
        Personnel Management as being within a reasonable commuting 
        distance of the employee's residence; or
            ``(B) in the case of an employee in the Republic of Panama 
        who chooses to so designate, any Standard Federal Region 
        designated by the employee.
    ``(2) Paragraph (1) applies to a person who--
            ``(A) is a citizen of the United States;
            ``(B) was an employee of the Panama Canal Commission on or 
        after July 1, 1998; and
            ``(C) is in receipt of a notice of separation by reason of 
        a reduction in force.
    ``(3) A person's eligibility for a noncompetitive appointment under 
paragraph (1) expires one year after the date of the separation of that 
person from employment by the Panama Canal Commission.
    ``(4) For the purposes of paragraph (2)(B), an employee of the 
dissolution office established to manage Panama Canal Commission 
Dissolution Fund established by section 1305 is an employee of the 
Panama Canal Commission.
    ``(5) In this subsection, the terms `civil service' and 
`competitive service' have the meanings given such terms in sections 
2101(1) and 2102, respectively, of title 5, United States Code.''.

SEC. 3511. PANAMA CANAL BOARD OF CONTRACT APPEALS.

    (a) Establishment and Pay of Board.--Section 3102(a) (22 U.S.C. 
3862(a)) is amended--
            (1) in paragraph (1), by striking out ``shall'' in the 
        first sentence and inserting in lieu thereof ``may''; and
            (2) by adding at the end the following new paragraph:
    ``(3) Compensation for members of the Board of Contract Appeals 
shall be established by the Commission's supervisory board. The annual 
compensation established for members may not exceed the rate of basic 
pay established for level IV of the Executive Schedule under section 
5315 of title 5, United States Code. The compensation of a member may 
not be reduced during the member's term of office from the level 
established at the time of the appointment of the member.''.
    (b) Deadline for Commencement of Board.--Section 3102(e) (22 U.S.C. 
3862(e)) is amended by striking out ``, but not later than January 1, 
1999''.

SEC. 3512. TECHNICAL AMENDMENTS.

    (a) Panama Canal Act of 1979.--The Panama Canal Act of 1979 is 
amended as follows:
            (1) Section 1202(c) (22 U.S.C. 3642(c)) is amended--
                    (A) by striking out ``the day before the date of 
                the enactment of the Panama Canal Transition 
                Facilitation Act of 1997'' and inserting in lieu 
                thereof ``November 17, 1997,'';
                    (B) by striking out ``on or after that date''; and
                    (C) by striking out ``the day before the date of 
                enactment'' and inserting in lieu thereof ``that 
                date''.
            (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by 
        inserting ``the'' after ``by the head of''.
            (3) Section 1313 (22 U.S.C. 3723) is amended by striking 
        out ``subsection (d)'' in each of subsections (a), (b), and (d) 
        and inserting in lieu thereof ``subsection (c)''.
            (4) Sections 1411(a) and 1412 (22 U.S.C. 3771(a), 3772) are 
        amended by striking out ``the date of the enactment of the 
        Panama Canal Transition Facilitation Act of 1997'' and 
        inserting in lieu thereof ``by November 18, 1998''.
            (5) Section 1416 (22 U.S.C. 3776) is amended by striking 
        out ``the date of the enactment of the Panama Canal Transition 
        Facilitation Act of 1997'' and inserting in lieu thereof ``by 
        May 17, 1998''.
    (b) Public Law 104-201.--Effective as of September 23, 1996, and as 
if included therein as enacted, section 3548(b)(3) of the Panama Canal 
Act Amendments of 1996 (subtitle B of title XXXV of Public Law 104-201; 
110 Stat. 2869) is amended by striking out ``section'' in both items of 
quoted matter and inserting in lieu thereof ``sections''.

SEC. 3513. OFFICER OF THE DEPARTMENT OF DEFENSE DESIGNATED AS A MEMBER 
              OF THE PANAMA CANAL COMMISSION SUPERVISORY BOARD.

    (a) Authority.--Section 1102(a) (22 U.S.C. 3612(a)) is amended--
            (1) by striking out the first sentence and inserting in 
        lieu thereof the following: ``The Commission shall be 
        supervised by a Board composed of nine members. An officer of 
        the Department of Defense designated by the Secretary of 
        Defense shall be one of the members of the Board.''; and
            (2) in the last sentence, by striking out ``Secretary of 
        Defense or a designee of the Secretary of Defense'' and 
        inserting in lieu thereof ``the officer of the Department of 
        Defense designated by the Secretary of Defense to be a member 
        of the Board''.
    (b) Repeal of Superseded Provision.--Section 302 of Public Law 105-
18 (111 Stat. 168) is repealed.

     TITLE XXXVI--COMMERCIAL ACTIVITIES OF PEOPLE'S LIBERATION ARMY

SEC. 3601. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY 
              ECONOMIC POWERS ACT TO CHINESE MILITARY COMPANIES.

    (a) Determination of Communist Chinese Military Companies.--
            (1) In general.--Subject to paragraphs (2) and (3), not 
        later than 90 days after the date of the enactment of this Act, 
        the Secretary of Defense, in consultation with the Attorney 
        General, the Director of Central Intelligence, and the Director 
        of the Federal Bureau of Investigation, shall compile a list of 
        persons who are Communist Chinese military companies and who 
        are operating directly or indirectly in the United States or 
        any of its territories and possessions, and shall publish the 
        list of such persons in the Federal Register. On an ongoing 
        basis, the Secretary of Defense, in consultation with the 
        Attorney General, the Director of Central Intelligence, and the 
        Director of the Federal Bureau of Investigation, shall make 
        additions or deletions to the list based on the latest 
        information available.
            (2) Communist chinese military company.--For purposes of 
        making the determination required by paragraph (1), the term 
        ``Communist Chinese military company''--
                    (A) means a person that is--
                            (i) engaged in providing commercial 
                        services, manufacturing, producing, or 
                        exporting, and
                            (ii) owned or controlled by the People's 
                        Liberation Army, and
                    (B) includes, but is not limited to, any person 
                identified in the United States Defense Intelligence 
                Agency publication numbered VP-1920-271-90, dated 
                September 1990, or PC-1921-57-95, dated October 1995, 
                and any update of such reports for the purposes of this 
                title.
    (b) Presidential Authority.--
            (1) Authority.--The President may exercise the authorities 
        set forth in section 203(a) of the International Emergency 
        Economic Powers Act (50 U.S.C. 1702(a)) with respect to any 
        commercial activity in the United States by a Communist Chinese 
        military company (except with respect to authorities relating 
        to importation), without regard to section 202 of that Act.
            (2) Penalties.--The penalties set forth in section 206 of 
        the International Emergency Economic Powers Act (50 U.S.C. 
        1705) shall apply to violations of any license, order, or 
        regulation issued under paragraph (1).

SEC. 3602. DEFINITION.

    For purposes of this title, the term ``People's Liberation Army'' 
means the land, naval, and air military services, the police, and the 
intelligence services of the Communist Government of the People's 
Republic of China, and any member of any such service or of such 
police.

                TITLE XXXVII--FORCED OR INDENTURED LABOR

SEC. 3701. FINDINGS.

    Congress makes the following findings:
            (1) The United States Customs Service has identified goods, 
        wares, articles, and merchandise mined, produced, or 
        manufactured under conditions of convict labor, forced labor, 
        or indentured labor, in several countries.
            (2) The United States Customs Service has made limited 
        attempts to prohibit the import of products made with forced 
        labor, resulting in only a few seizures, detention orders, 
        fines, and criminal prosecutions.
            (3) The United States Customs Service has taken 21 formal 
        administrative actions in the form of detention orders against 
        different products destined for the United States market, found 
        to have been made with forced labor, including products from 
        the People's Republic of China.
            (4) However, the United States Customs Service has never 
        formally investigated or pursued enforcement with respect to 
        attempts to import products made with forced or indentured 
        child labor.
            (5) The United States Customs Service can use additional 
        resources and tools to obtain the timely and in-depth 
        verification necessary to identify and interdict products made 
        with forced labor or indentured labor, including forced or 
        indentured child labor, that are destined for the United States 
        market.
            (6) The International Labor Organization estimates that 
        approximately 250,000,000 children between the ages of 5 and 14 
        are working in developing countries, including millions of 
        children in bondage or otherwise forced to work for little or 
        no pay.
            (7) Congress has clearly indicated in Public Law 105-61, 
        Treasury-Postal Service Appropriations, 1998, that forced or 
        indentured child labor constitutes forced labor under section 
        307 of the Tariff Act of 1930 (19 U.S.C. 1307).

SEC. 3702. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR 
              THE IMPORTATION OF PRODUCTS MADE WITH FORCED OR 
              INDENTURED LABOR.

    There are authorized to be appropriated $2,000,000 for fiscal year 
1999 to the United States Customs Service to monitor the importation of 
products made with forced labor or indentured labor, including forced 
or indentured child labor, the importation of which violates section 
307 of the Tariff Act of 1930 or section 1761 of title 18, United 
States Code.

SEC. 3703. REPORTING REQUIREMENT ON FORCED LABOR OR INDENTURED LABOR 
              PRODUCTS DESTINED FOR THE UNITED STATES MARKET.

    (a) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Commissioner of Customs shall prepare and 
transmit to Congress a report on products made with forced labor or 
indentured labor, including forced or indentured child labor that are 
destined for the United States market.
    (b) Contents of Report.--The report under subsection (a) shall 
include information concerning the following:
            (1) The extent of the use of forced labor or indentured 
        labor, including forced or indentured child labor in 
        manufacturing or mining products destined for the United States 
        market.
            (2) The volume of products made or mined with forced labor 
        or indentured labor, including forced or indentured child labor 
        that is--
                    (A) destined for the United States market,
                    (B) in violation of section 307 of the Tariff Act 
                of 1930 or section 1761 of title 18, United States 
                Code, and
                    (C) seized by the United States Customs Service.
            (3) The progress of the United States Customs Service in 
        identifying and interdicting products made with forced labor or 
        indentured labor, including forced or indentured child labor 
        that are destined for the United States market.

SEC. 3704. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.

    It is the sense of Congress that the President should determine 
whether any country with which the United States has a memorandum of 
understanding with respect to reciprocal trade that involves goods made 
with forced labor or indentured labor, including forced or indentured 
child labor is frustrating implementation of the memorandum. If an 
affirmative determination be made, the President should immediately 
commence negotiations to replace the current memorandum of 
understanding with one providing for effective procedures for the 
monitoring of forced labor or indentured labor, including forced or 
indentured child labor. The memorandum of understanding should include 
improved procedures for requesting investigations of suspected work 
sites by international monitors.

             TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS

SEC. 3801. SHORT TITLE.

    This title may be cited as the ``Fair Trade in Automotive Parts Act 
of 1998''.

SEC. 3802. DEFINITIONS.

    In this title:
            (1) Japanese markets.--The term ``Japanese markets'' refers 
        to markets, including markets in the United States and Japan, 
        where automotive parts and accessories, both original equipment 
        and aftermarket, are purchased for use in the manufacture or 
        repair of Japanese automobiles.
            (2) Japanese and other asian markets.--The term ``Japanese 
        and other Asian markets'' refers to markets, including markets 
        in the United States, Japan, and other Asian countries, where 
        automotive parts and accessories, both original equipment and 
        aftermarket, are purchased for use in the manufacture or repair 
        of Japanese, American, or other Asian automobiles.

SEC. 3803. RE-ESTABLISHMENT OF INITIATIVE ON AUTOMOTIVE PARTS SALES TO 
              JAPAN.

    (a) In General.--The Secretary of Commerce shall re-establish the 
initiative to increase the sale of United States made automotive parts 
and accessories to Japanese markets.
    (b) Functions.--In carrying out this section, the Secretary shall--
            (1) foster increased access for United States made 
        automotive parts and accessories to Japanese companies, 
        including specific consultations on access to Japanese markets;
            (2) facilitate the exchange of information between United 
        States automotive parts manufacturers and the Japanese 
        automobile industry;
            (3) collect data and market information on the Japanese 
        automotive industry regarding needs, trends, and procurement 
        practices, including the types, volume, and frequency of parts 
        sales to Japanese automobile manufacturers;
            (4) establish contacts with Japanese automobile 
        manufacturers in order to facilitate contact between United 
        States automotive parts manufacturers and Japanese automobile 
        manufacturers;
            (5) report on and attempt to resolve disputes, policies or 
        practices, whether public or private, that result in barriers 
        to increased commerce between United States automotive parts 
        manufacturers and Japanese automobile manufacturers;
            (6) take actions to initiate periodic consultations with 
        officials of the Government of Japan regarding sales of United 
        States-made automotive parts in Japanese markets; and
            (7) transmit to Congress the annual report prepared by the 
        Special Advisory Committee under section 3804(c)(5).

SEC. 3804. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON AUTOMOTIVE 
              PARTS SALES IN JAPANESE AND OTHER ASIAN MARKETS.

    (a) In General.--The Secretary of Commerce shall seek the advice of 
the United States automotive parts industry in carrying out this title.
    (b) Establishment of Committee.--The Secretary of Commerce shall 
establish a Special Advisory Committee for purposes of carrying out 
this title.
    (c) Functions.--The Special Advisory Committee established under 
subsection (b) shall--
            (1) report to the Secretary of Commerce on barriers to 
        sales of United States-made automotive parts and accessories in 
        Japanese and other Asian markets;
            (2) review and consider data collected on sales of United 
        States-made automotive parts and accessories in Japanese and 
        other Asian markets;
            (3) advise the Secretary of Commerce during consultations 
        with other governments on issues concerning sales of United 
        States-made automotive parts in Japanese and other Asian 
        markets;
            (4) assist in establishing priorities for the initiative 
        established under section 3803, and otherwise provide 
        assistance and direction to the Secretary of Commerce in 
        carrying out the intent of that section; and
            (5) assist the Secretary in reporting to Congress by 
        submitting an annual written report to the Secretary on the 
        sale of United States-made automotive parts in Japanese and 
        other Asian markets, as well as any other issues with respect 
        to which the Committee provides advice pursuant to this title.
    (d) Authority.--The Secretary of Commerce shall draw on existing 
budget authority in carrying out this title.

SEC. 3805. EXPIRATION DATE.

    The authority under this title shall expire on December 31, 2003.

                     TITLE XXXIX --RADIO FREE ASIA

SEC. 3901. SHORT TITLE.

    This title may be cited as the ``Radio Free Asia Act of 1998''.

SEC. 3902. FINDINGS.

    The Congress makes the following findings:
            (1) The Government of the People's Republic of China 
        systematically controls the flow of information to the Chinese 
        people.
            (2) The Government of the People's Republic of China 
        demonstrated that maintaining its monopoly on political power 
        is a higher priority than economic development by announcing in 
        January 1996 that its official news agency, Xinhua, will 
        supervise wire services selling economic information, including 
        Dow Jones-Telerate, Bloomberg, and Reuters Business, and in 
        announcing in February 1996 the ``Interim Internet Management 
        Rules'', which have the effect of censoring computer networks.
            (3) Under the May 30, 1997, order of Premier Li Peng, all 
        organizations that engage in business activities related to 
        international computer networking must now apply for a license, 
        increasing still further government control over access to the 
        Internet.
            (4) Both Radio Free Asia and the Voice of America, as a 
        surrogate for a free press in the People's Republic of China, 
        provide an invaluable source of uncensored information to the 
        Chinese people, including objective and authoritative news of 
        in-country and regional events, as well as accurate news about 
        the United States and its policies.
            (5) Enhanced broadcasting service to China and Tibet can 
        efficiently be established through a combination of Radio Free 
        Asia and Voice of America programming.
            (6) Radio Free Asia and Voice of America, in working toward 
        continuously broadcasting to the People's Republic of China in 
        multiple languages, have the capability to establish 24-hour-a-
        day Mandarin broadcasting to that nation by staggering the 
        hours of Radio Free Asia and Voice of America.
            (7) Simultaneous broadcastings on Voice of America radio 
        and Worldnet television 7 days a week in Mandarin are also 
        important and needed capabilities.

SEC. 3903. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR 
              RADIO FREE ASIA AND VOICE OF AMERICA BROADCASTING TO 
              CHINA.

    (a) Authorization of Appropriations for Radio Free Asia.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated for ``Radio Free Asia'' $30,000,000 for 
        fiscal year 1998 and $22,000,000 for fiscal year 1999.
            (2) Limitations.--Of the funds under paragraph (1) 
        authorized to be appropriated for fiscal year 1998, $8,000,000 
        is authorized to be appropriated for one-time capital costs.
            (3) Sense of congress.--It is the sense of Congress that of 
        the funds under paragraph (1), a significant amount shall be 
        directed towards broadcasting to China and Tibet in the 
        appropriate languages and dialects.
    (b) Authorization of Appropriations for International Broadcasting 
to China.--In addition to such sums as are otherwise authorized to be 
appropriated for ``International Broadcasting Activities'' for fiscal 
years 1998 and 1999, there are authorized to be appropriated for 
``International Broadcasting Activities'' $5,000,000 for fiscal year 
1998 and $3,000,000 for fiscal year 1999, which shall be available only 
for enhanced Voice of America broadcasting to China. Of the funds 
authorized under this subsection $100,000 is authorized to be 
appropriated for each of the fiscal years 1998 and 1999 for additional 
personnel to staff Hmong language broadcasting.
    (c) Authorization of Appropriations for Radio Construction.--In 
addition to such sums as are otherwise authorized to be appropriated 
for ``Radio Construction'' for fiscal years 1998 and 1999, there are 
authorized to be appropriated for ``Radio Construction'' $10,000,000 
for fiscal year 1998 and $2,000,000 for fiscal year 1999, which shall 
be available only for construction in support of enhanced broadcasting 
to China, including the timely augmentation of transmitters at Tinian, 
the Commonwealth of the Northern Mariana Islands.

SEC. 3904. REPORTING REQUIREMENT.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Broadcasting Board of Governors shall prepare and submit 
to the appropriate congressional committees an assessment of the 
board's efforts to increase broadcasting by Radio Free Asia and Voice 
of America to China and Tibet. This report shall include an analysis of 
Chinese government control of the media, the ability of independent 
journalists and news organizations to operate in China, and the results 
of any research conducted to quantify listenership.
    (b) Purposes.--For purposes of this section, appropriate 
congressional committees are defined as the Senate Committees on 
Foreign Relations and Appropriations and the House Committees on 
International Relations and Appropriations.

            Passed the Senate June 25, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2058

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 1999 for defense activities 
          of the Department of Energy, and for other purposes.

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