[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1062 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                S. 1062

_______________________________________________________________________

                                 AN ACT


 
To authorize appropriations for fiscal year 2000 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 2000''.

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. Defense 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. Prohibition on use of funds for certain activities under 
                            Formerly Utilized Site Remedial Action 
                            Program.
Sec. 3132. Continuation of processing, treatment, and disposition of 
                            legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Tritium production.
Sec. 3135. Independent cost estimate of Accelerator Production of 
                            Tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Subtitle D--Safeguards, Security, and Counterintelligence at Department 
                          of Energy Facilities

Sec. 3151. Short title.
Sec. 3152. Commission on Safeguards, Security, and Counterintelligence 
                            at Department of Energy Facilities.
Sec. 3153. Background investigations of certain personnel at Department 
                            of Energy facilities.
Sec. 3154. Plan for polygraph examinations of certain personnel at 
                            Department of Energy facilities.
Sec. 3155. Civil monetary penalties for violations of Department of 
                            Energy regulations relating to the 
                            safeguarding and security of Restricted 
                            Data.
Sec. 3156. Moratorium on laboratory-to-laboratory and foreign visitors 
                            and assignments programs.
Sec. 3157. Increased penalties for misuse of Restricted Data.
Sec. 3158. Organization of Department of Energy counterintelligence and 
                            intelligence programs and activities.
Sec. 3159. Counterintelligence activities at certain Department of 
                            Energy facilities.
Sec. 3160. Whistleblower protection.
Sec. 3161. Investigation and remediation of alleged reprisals for 
                            disclosure of certain information to 
                            Congress.
Sec. 3162. Notification to Congress of certain security and 
                            counterintelligence failures at Department 
                            of Energy facilities.
Sec. 3163. Conduct of security clearances.
Sec. 3164. Protection of classified information during laboratory-to-
                            laboratory exchanges.
Sec. 3165. Definition.
                       Subtitle E--Other Matters

Sec. 3171. Maintenance of nuclear weapons expertise in the Department 
                            of Defense and Department of Energy.
Sec. 3172. Modification of budget and planning requirements for 
                            Department of Energy national security 
                            activities.
Sec. 3173. Extension of authority of Department of Energy to pay 
                            voluntary separation incentive payments.
Sec. 3174. Integrated fissile materials management plan.
Sec. 3175. Use of amounts for award fees for Department of Energy 
                            closure projects for additional cleanup 
                            projects at closure project sites.
Sec. 3176. Pilot program for project management oversight regarding 
                            Department of Energy construction projects.
Sec. 3177. Extension of review of Waste Isolation Pilot Plant, New 
                            Mexico.
Sec. 3178. Proposed schedule for shipments of waste from the Rocky 
                            Flats Plant, Colorado, to the Waste 
                            Isolation Pilot Plant, New Mexico.
Sec. 3179. Comptroller General report on closure of Rocky Flats 
                            Environmental Technology Site, Colorado.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Limitations on previous authority for disposal of stockpile 
                            materials.
                  TITLE XXXIV--PANAMA CANAL COMMISSION

Sec. 3401. Short title.
Sec. 3402. Authorization of expenditures.
Sec. 3403. Purchase of vehicles.
Sec. 3404. Expenditures only in accordance with treaties.
Sec. 3405. Office of Transition Administration.

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 Armed Services 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.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2000 for weapons activities in carrying out 
programs necessary for national security in the amount of 
$4,530,000,000, to be allocated as follows:
            (1) Stockpile stewardship.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        2000 for stockpile stewardship in carrying out weapons 
        activities necessary for national security programs in the 
        amount of $2,248,700,000, to be allocated as follows:
                    (A) For core stockpile stewardship, $1,748,500,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $1,615,355,000.
                            (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), $133,145,000, to be allocated 
                        as follows:
                                    Project 00-D-103, terascale 
                                simulation facility, Lawrence Livermore 
                                National Laboratory, Livermore, 
                                California, $8,000,000.
                                    Project 00-D-105, strategic 
                                computing complex, Los Alamos National 
                                Laboratory, Los Alamos, New Mexico, 
                                $26,000,000.
                                    Project 00-D-107, joint 
                                computational engineering laboratory, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $1,800,000.
                                    Project 99-D-102, rehabilitation of 
                                maintenance facility, Lawrence 
                                Livermore National Laboratory, 
                                Livermore, California, $3,900,000.
                                    Project 99-D-103, isotope sciences 
                                facilities, Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $2,000,000.
                                    Project 99-D-104, protection of 
                                real property (roof reconstruction, 
                                Phase II), Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $2,400,000.
                                    Project 99-D-105, central health 
                                physics calibration facility, Los 
                                Alamos National Laboratory, Los Alamos, 
                                New Mexico, $1,000,000.
                                    Project 99-D-106, model validation 
                                and system certification test center, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $6,500,000.
                                    Project 99-D-108, renovate existing 
                                roadways, Nevada Test Site, Nevada, 
                                $7,005,000.
                                    Project 97-D-102, dual-axis 
                                radiographic hydrotest facility, Los 
                                Alamos National Laboratory, Los Alamos, 
                                New Mexico, $61,000,000.
                                    Project 96-D-102, stockpile 
                                stewardship facilities revitalization, 
                                Phase VI, various locations, 
                                $2,640,000.
                                    Project 96-D-104, processing and 
                                environmental technology laboratory, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $10,900,000.
                    (B) For inertial fusion, $465,700,000, to be 
                allocated as follows:
                            (i) For operation and maintenance, 
                        $217,600,000.
                            (ii) For the following plant project 
                        (including maintenance, restoration, planning, 
                        construction, acquisition, and modification of 
                        facilities, and land acquisition related 
                        thereto), $248,100,000, to be allocated as 
                        follows:
                                    Project 96-D-111, national ignition 
                                facility, Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $248,100,000.
                    (C) For technology partnership and education, 
                $34,500,000, to be allocated as follows:
                            (i) For technology partnership, 
                        $15,200,000.
                            (ii) For education, $19,300,000.
            (2) Stockpile management.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        2000 for stockpile management in carrying out weapons 
        activities necessary for national security programs in the 
        amount of $2,039,300,000, to be allocated as follows:
                    (A) For operation and maintenance, $1,880,621,000.
                    (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), $158,679,000, to be 
                allocated as follows:
                            Project 99-D-122, rapid reactivation, 
                        various locations, $11,700,000.
                            Project 99-D-127, stockpile management 
                        restructuring initiative, Kansas City Plant, 
                        Kansas City, Missouri, $17,000,000.
                            Project 99-D-128, stockpile management 
                        restructuring initiative, Pantex Plant 
                        consolidation, Amarillo, Texas, $3,429,000.
                            Project 99-D-132, stockpile management 
                        restructuring initiative, nuclear material 
                        safeguards and security upgrades project, Los 
                        Alamos National Laboratory, Los Alamos, New 
                        Mexico, $11,300,000.
                            Project 98-D-123, stockpile management 
                        restructuring initiative, tritium facility 
                        modernization and consolidation, Savannah River 
                        Site, Aiken, South Carolina, $21,800,000.
                            Project 98-D-124, stockpile management 
                        restructuring initiative, Y-12 Plant 
                        consolidation, Oak Ridge, Tennessee, 
                        $3,150,000.
                            Project 98-D-125, tritium extraction 
                        facility, Savannah River Site, Aiken, South 
                        Carolina, $33,000,000.
                            Project 98-D-126, accelerator production of 
                        tritium, various locations, $31,000,000.
                            Project 97-D-123, structural upgrades, 
                        Kansas City Plant, Kansas City, Missouri, 
                        $4,800,000.
                            Project 95-D-102, chemistry and metallurgy 
                        research building upgrades, Los Alamos National 
                        Laboratory, Los Alamos, New Mexico, 
                        $18,000,000.
                            Project 88-D-123, security enhancements, 
                        Pantex Plant, Amarillo, Texas, $3,500,000.
            (3) Program direction.--Funds are hereby authorized to be 
        appropriated to the Department of Energy for fiscal year 2000 
        for program direction in carrying out weapons activities 
        necessary for national security programs in the amount of 
        $242,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2000 for environmental restoration and waste 
management in carrying out programs necessary for national security in 
the amount of $5,532,868,000, to be allocated as follows:
            (1) Closure projects.--For closure projects carried out in 
        accordance with section 3143 of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
        Stat. 2836; 42 U.S.C. 7274n) in the amount of $1,069,492,000.
            (2) Site project and completion.--For site project and 
        completion in carrying out environmental restoration and waste 
        management activities necessary for national security programs 
        in the amount of $980,919,000, to be allocated as follows:
                    (A) For operation and maintenance, $880,629,000.
                    (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), $100,290,000, to be 
                allocated as follows:
                            Project 00-D-__, Transuranic waste 
                        treatment, Oak Ridge, Tennessee, $12,000,000.
                            Project 00-D-400, Site Operations Center, 
                        Idaho National Engineering and Environmental 
                        Laboratory, Idaho Falls, Idaho, $1,306,000.
                            Project 99-D-402, tank farm support 
                        services, F&H areas, Savannah River Site, 
                        Aiken, South Carolina, $3,100,000.
                            Project 99-D-404, health physics 
                        instrumentation laboratory, Idaho National 
                        Engineering and Environmental Laboratory, 
                        Idaho, $7,200,000.
                            Project 98-D-401, H-tank farm storm water 
                        systems upgrade, Savannah River Site, Aiken, 
                        South Carolina, $2,977,000.
                            Project 98-D-453, plutonium stabilization 
                        and handling system for plutonium finishing 
                        plant, Richland, Washington, $16,860,000.
                            Project 98-D-700, road rehabilitation, 
                        Idaho National Engineering and Environmental 
                        Laboratory, Idaho, $2,590,000.
                            Project 97-D-450, Actinide packaging and 
                        storage facility, Savannah River Site, Aiken, 
                        South Carolina, $4,000,000.
                            Project 97-D-470, regulatory monitoring and 
                        bioassay laboratory, Savannah River Site, 
                        Aiken, South Carolina, $12,220,000.
                            Project 96-D-406, spent nuclear fuels 
                        canister storage and stabilization facility, 
                        Richland, Washington, $24,441,000.
                            Project 96-D-464, electrical and utility 
                        systems upgrade, Idaho National Engineering and 
                        Environmental Laboratory, Idaho, $11,971,000.
                            Project 96-D-471, chlorofluorocarbon 
                        heating, ventilation, and air conditioning and 
                        chiller retrofit, Savannah River Site, Aiken, 
                        South Carolina, $931,000.
                            Project 86-D-103, decontamination and waste 
                        treatment facility, Lawrence Livermore National 
                        Laboratory, Livermore, California, $2,000,0000.
            (3) Post-2006 completion.--For post-2006 project completion 
        in carrying out environmental restoration and waste management 
        activities necessary for national security programs in the 
        amount of $2,902,548,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,847,997,000.
                    (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), $54,551,000, to be 
                allocated as follows:
                            Project 00-D-401, spent nuclear fuel 
                        treatment and storage facility, title I and II, 
                        Savannah River Site, Aiken, South Carolina, 
                        $7,000,000.
                            Project 99-D-403, privatization phase I 
                        infrastructure support, Richland, Washington, 
                        $13,988,000.
                            Project 97-D-402, tank farm restoration and 
                        safe operations, Richland, Washington, 
                        $20,516,000.
                            Project 94-D-407, initial tank retrieval 
                        systems, Richland, Washington, $4,060,000.
                            Project 93-D-187, high-level waste removal 
                        from filled waste tanks, Savannah River Site, 
                        Aiken, South Carolina, $8,987,000.
            (4) Science and technology.--For science and technology in 
        carrying out environmental restoration and waste management 
        activities necessary for national security programs in the 
        amount of $235,500,000.
            (5) Program direction.--For program direction in carrying 
        out environmental restoration and waste management activities 
        necessary for national security programs in the amount of 
        $344,409,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2000 for other defense 
activities in carrying out programs necessary for national security in 
the amount of $1,821,000,000, to be allocated as follows:
            (1) Nonproliferation and national security.--For 
        nonproliferation and national security, $744,300,000, to be 
        allocated as follows:
                    (A) For verification and control technology, 
                $497,000,000, to be allocated as follows:
                            (i) For nonproliferation and verification 
                        research and development, $215,000,000.
                            (ii) For arms control, $276,000,000.
                            (iii) 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), $6,000,000, to be allocated 
                        as follows:
                                    Project 00-D-192, Nonproliferation 
                                and International Security Centers 
                                (NISC), Los Alamos National Laboratory, 
                                New Mexico, $6,000,000.
                    (B) For nuclear safeguards and security, 
                $59,100,000.
                    (C) For security investigations, $47,000,000.
                    (D) For emergency management, $21,000,000.
                    (E) For program direction, $90,450,000.
                    (F) For HEV Transparency implementation, 
                $15,750,000.
                    (G) For international nuclear safety, $34,000,000.
            (2) Intelligence.--For intelligence, $36,059,000.
            (3) Counterintelligence.--For counterintelligence, 
        $66,200,000.
            (4) Worker and community transition assistance.--For worker 
        and community transition assistance, $30,000,000, to be 
        allocated as follows:
                    (A) For worker and community transition, 
                $26,500,000.
                    (B) For program direction, $3,500,000.
            (5) Fissile materials control and disposition.--For fissile 
        materials control and disposition, $200,000,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $129,766,000.
                    (B) For program direction, $7,343,000.
                    (C) 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), $62,891,000, to be 
                allocated as follows:
                            Project 00-D-142, Immobilization and 
                        associated processing facility, various 
                        locations, $21,765,000.
                            Project 99-D-141, pit disassembly and 
                        conversion facility, various locations, 
                        $28,751,000.
                            Project 99-D-143, mixed oxide fuel 
                        fabrication facility, various locations, 
                        $12,375,000.
            (6) Environment, safety, and health.--For environment, 
        safety, and health, defense, $79,000,000, to be allocated as 
        follows:
                    (A) For the Office of Environment, Safety, and 
                Health (Defense), $54,231,000.
                    (B) For program direction, $24,769,000.
            (7) Office of hearings and appeals.--For the Office of 
        Hearings and Appeals, $3,000,000.
            (8) Naval reactors.--For naval reactors, $675,000,000, to 
        be allocated as follows:
                    (A) For naval reactors development, $654,400,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $630,400,000.
                            (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), $24,000,000, to be allocated 
                        as follows:
                                    GPN-101, general plant projects, 
                                various locations, $9,000,000.
                                    Project 98-D-200, site laboratory/
                                facility upgrade, various locations, 
                                $3,000,000.
                                    Project 90-N-102, expended core 
                                facility dry cell project, Naval 
                                Reactors Facility, Idaho, $12,000,000.
                    (B) For program direction, $20,600,000.
    (b) Adjustment.--(1) The total amount authorized to be appropriated 
pursuant to this section is the sum of the amounts authorized to be 
appropriated in paragraphs (1) through (7) of subsection (a) reduced by 
$12,559,000.
    (2) The amount authorized to be appropriated pursuant to subsection 
(a)(1)(C) is reduced by $20,000,000 to reflect an offset provided by 
user organizations for security investigations.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    (a) Defense Nuclear Waste Disposal.--Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 2000 for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$112,000,000.
    (b) Adjustment.--The amount authorized to be appropriated pursuant 
to subsection (a) is reduced by $39,000,000.

SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2000 for privatization 
initiatives in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $241,000,000, to be allocated as follows:
            Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
        Falls, Idaho, $5,000,000.
            Project 98-PVT-5, waste disposal, Oak Ridge, Tennessee, 
        $20,000,000.
            Project 97-PVT-1, tank waste remediation system phase I, 
        Hanford, Washington, $106,000,000.
            Project 97-PVT-2, advanced mixed waste treatment facility, 
        Idaho Falls, Idaho, $110,000,000.
    (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 $25,000,000 
for use of prior year balances of funds for defense environmental 
management privatization.

                Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

    (a) In General.--Until the Secretary of Energy 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 5 percent of any such authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than 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 Armed Services 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 2002.

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) A program referred to or a project listed in 
                paragraph (2) or (3) of section 3102.
                    (B) A program or project not described in 
                subparagraph (A) that is for environmental restoration 
                or waste management activities necessary for national 
                security programs of the Department, that is being 
                carried out by the office, and for which defense 
                environmental management funds have been authorized and 
                appropriated before the date of the enactment of this 
                Act.
            (2) The term ``defense environmental management funds'' 
        means funds appropriated to the Department of Energy pursuant 
        to an authorization for carrying out environmental restoration 
        and waste management activities necessary for national security 
        programs.
    (f) Duration of Authority.--The managers of the field offices of 
the Department may exercise the authority provided under subsection (a) 
during the period beginning on October 1, 1999, and ending on September 
30, 2000.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. PROHIBITION ON USE OF FUNDS FOR CERTAIN ACTIVITIES UNDER 
              FORMERLY UTILIZED SITE REMEDIAL ACTION PROGRAM.

    Notwithstanding any other provision of law, no funds authorized to 
be appropriated or otherwise made available by this Act, or by any Act 
authorizing appropriations for the military activities of the 
Department of Defense or the defense activities of the Department of 
Energy for a fiscal year after fiscal year 2000, may be obligated or 
expended to conduct treatment, storage, or disposal activities at any 
site designated as a site under the Formerly Utilized Site Remedial 
Action Program as of the date of the enactment of this Act.

SEC. 3132. 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, Aiken, South Carolina, and shall provide the 
technical staff necessary to operate and so maintain such facilities.

SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.

    (a) Program Required.--The Secretary of Energy shall, in 
consultation with the Secretary of Defense, carry out a program to 
provide for the extension of the effective life of the weapons in the 
nuclear weapons stockpile.
    (b) Administrative Responsibility for Program.--The program under 
subsection (a) shall be a program within the Office of Defense Programs 
of the Department of Energy.
    (c) Program Plan.--As part of the program under subsection (a), the 
Secretary shall develop a long-term plan for the extension of the life 
of the weapons in the nuclear weapons stockpile. The plan shall provide 
the following:
            (1) Mechanisms to provide for the remanufacture of each 
        weapon design designated by the Secretary for inclusion in the 
        enduring nuclear weapons stockpile as of the date of the 
        enactment of this Act.
            (2) Mechanisms to expedite the collection of data necessary 
        for carrying out the program, including data relating to the 
        aging of materials and components, new manufacturing 
        techniques, and the replacement or substitution of materials.
            (3) Mechanisms to ensure the appropriate assignment of 
        roles and missions for each Department nuclear weapons 
        laboratory and production plant, including mechanisms for 
        allocation of workload, mechanisms to ensure the carrying out 
        of appropriate modernization activities, and mechanisms to 
        ensure the retention of skilled personnel.
            (4) Mechanisms for allocating funds for activities under 
        the program, including allocations of funds by weapon type and 
        facility.
    (d) Annual Submittal of Plan.--(1) The Secretary shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives the plan developed under subsection (c) not later than 
January 1, 2000. The plan shall contain the maximum level of detail 
practicable.
    (2) The Secretary shall submit to the committees referred to in 
paragraph (1) each year after 2000, at the same time as the submission 
of the budget for the fiscal year beginning in such year under section 
1105 of title 31, United States Code, an update of the plan submitted 
under paragraph (1). Each update shall contain the same level of detail 
as the plan submitted under paragraph (1).
    (e) Sense of Congress Regarding Funding of Program.--It is the 
sense of Congress that the President should include in each budget for 
a fiscal year submitted to Congress under section 1105 of title 31, 
United States Code, sufficient funds to carry out in the fiscal year 
covered by such budget the activities under the program under 
subsection (a) that are specified in the most current version of the 
plan for the program under this section.

SEC. 3134. TRITIUM PRODUCTION.

    (a) Production of New Tritium.--The Secretary of Energy shall 
produce new tritium to meet the requirements of the Nuclear Weapons 
Stockpile Memorandum at the Tennessee Valley Authority Watts Bar or 
Sequoyah nuclear power plants consistent with the Secretary's December 
22, 1998, decision document designating the Secretary's preferred 
tritium production technology.
    (b) Support.--To support the method of tritium production set forth 
in subsection (a), the Secretary shall design and construct a new 
tritium extraction facility in the H-Area of the Savannah River Site, 
Aiken, South Carolina.
    (c) Design and Engineering Development.--The Secretary shall--
            (1) complete preliminary design and engineering development 
        of the Accelerator Production of Tritium technology design as a 
        backup source of tritium to the source set forth in subsection 
        (a) and consistent with the Secretary's December 22, 1998, 
        decision document; and
            (2) make available those funds necessary to complete 
        engineering development and demonstration, preliminary design, 
        and detailed design of key elements of the system consistent 
        with the Secretary's decision document of December 22, 1998.

SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCELERATOR PRODUCTION OF 
              TRITIUM.

    (a) Independent Cost Estimate.--(1) The Secretary of Energy shall 
secure an independent cost estimate of the Accelerator Production of 
Tritium.
    (2) The estimate shall be conducted at the highest possible level, 
but in no event at a level below that currently defined by the 
Secretary as Type III, ``Sampling Technique''.
    (b) Report.--Not later than April 1, 2000, the Secretary shall 
submit to the congressional defense committees a report on the 
independent cost estimate conducted under subsection (a).

SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.

    (a) Initiative for Proliferation Prevention Program.--(1) Not more 
than 40 percent of the funds available in any fiscal year after fiscal 
year 1999 for the Initiative for Proliferation Prevention program (IPP) 
may be obligated or expended by the Department of Energy national 
laboratories to carry out or provide oversight of any activities under 
that program.
    (2)(A) None of the funds available in any fiscal year after fiscal 
year 1999 for the Initiative for Proliferation Prevention program may 
be used to increase or otherwise supplement the pay or benefits of a 
scientist or engineer if the scientist or engineer--
            (i) is currently engaged in activities directly related to 
        the design, development, production, or testing of chemical or 
        biological weapons or a missile system to deliver such weapons; 
        or
            (ii) was not formerly engaged in activities directly 
        related to the design, development, production, or testing of 
        weapons of mass destruction or a missile system to deliver such 
        weapons.
    (B) None of the funds available in any fiscal year after fiscal 
year 1999 for the Initiative for Proliferation Prevention program may 
be made available to an institute if the institute--
            (i) is currently involved in activities described in 
        subparagraph (A)(i); or
            (ii) was not formerly involved in activities described in 
        subparagraph (A)(ii).
    (3)(A) No funds available for the Initiative for Proliferation 
Prevention program may be provided to an institute or scientist under 
the program if the Secretary of Energy determines that the institute or 
scientist has made a scientific or business contact in any way 
associated with or related to weapons of mass destruction with a 
representative of a country of proliferation concern.
    (B) For purposes of this paragraph, the term ``country of 
proliferation concern'' means any country so designated by the Director 
of Central Intelligence for purposes of the Initiative for 
Proliferation Prevention program.
    (4)(A) The Secretary of Energy shall prescribe procedures for the 
review of projects under the Initiative for Proliferation Prevention 
program. The purpose of the review shall be to ensure the following:
            (i) That the military applications of such projects, and 
        any information relating to such applications, is not 
        inadvertently transferred or utilized for military purposes.
            (ii) That activities under the projects are not redirected 
        toward work relating to weapons of mass destruction.
            (iii) That the national security interests of the United 
        States are otherwise fully considered before the commencement 
        of the projects.
    (B) Not later than 30 days after the date on which the Secretary 
prescribes the procedures required by subparagraph (A), the Secretary 
shall submit to Congress a report on the procedures. The report shall 
set forth a schedule for the implementation of the procedures.
    (5)(A) The Secretary shall evaluate the projects carried out under 
the Initiative for Proliferation Prevention program for commercial 
purposes to determine whether or not such projects are likely to 
achieve their intended commercial objectives.
    (B) If the Secretary determines as a result of the evaluation that 
a project is not likely to achieve its intended commercial objective, 
the Secretary shall terminate the project.
    (6) It is the sense of Congress that the President should enter 
into negotiations with the Russian Government for purposes of 
concluding an agreement between the United States Government and the 
Russian Government to provide for the permanent exemption from taxation 
by the Russian Government of the nonproliferation activities of the 
Department of Energy under the Initiative for Proliferation Prevention 
program.
    (b) Nuclear Cities Initiative.--(1) No amounts authorized to be 
appropriated by this title for the Nuclear Cities Initiative may be 
obligated or expended for purposes of the initiative until the 
Secretary of Energy certifies to Congress that Russia has agreed to 
close some of its facilities engaged in work on weapons of mass 
destruction.
    (2) Notwithstanding a certification under paragraph (1), amounts 
authorized to be appropriated by this title for the Nuclear Cities 
Initiative may not be obligated or expended for purposes of providing 
assistance under the initiative to more than three nuclear cities, and 
more than two serial production facilities, in Russia in fiscal year 
2000.
    (3)(A) The Secretary shall conduct a study of the potential 
economic effects of each commercial program proposed under the Nuclear 
Cities Initiative before providing assistance for the conduct of the 
program. The study shall include an assessment regarding whether or not 
the mechanisms for job creation under the program are likely to lead to 
the creation of the jobs intended to be created by the program.
    (B) If the Secretary determines as a result of the study that the 
intended commercial benefits of a program are not likely to be 
achieved, the Secretary may not provide assistance for the conduct of 
the program.
    (4) Not later than January 1, 2000, the Secretary shall submit to 
Congress a report describing the participation in or contribution to 
the Nuclear Cities Initiative of each department and agency of the 
United States Government that participates in or contributes to the 
initiative. The report shall describe separately any interagency 
participation in or contribution to the initiative.
    (c) Report.--(1) Not later than January 1, 2000, the Secretary of 
Energy shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the Initiative for 
Proliferation Prevention program (IPP) and the Nuclear Cities 
Initiative.
    (2) The report shall include the following:
            (A) A strategic plan for the Initiative for Proliferation 
        Prevention program and for the Nuclear Cities Initiative, which 
        shall establish objectives for the program or initiative, as 
        the case may be, and means for measuring the achievement of 
        such objectives.
            (B) A list of the most successful projects under the 
        Initiative for Proliferation Prevention program, including for 
        each such project the name of the institute and scientists who 
        are participating or have participated in the project, the 
        number of jobs created through the project, and the manner in 
        which the project has met the nonproliferation objectives of 
        the United States.
            (C) A list of the institutes and scientists associated with 
        weapons of mass destruction programs or other defense-related 
        programs in the states of the former Soviet Union that the 
        Department seeks to engage in commercial work under the 
        Initiative for Proliferation Prevention program or the Nuclear 
        Cities Initiative, including--
                    (i) a description of the work performed by such 
                institutes and scientists under such weapons of mass 
                destruction programs or other defense-related programs; 
                and
                    (ii) a description of any work proposed to be 
                performed by such institutes and scientists under the 
                Initiative for Proliferation Prevention program or the 
                Nuclear Cities Initiative.
    (d) Nuclear Cities Initiative Defined.--For purposes of this 
section, the term ``Nuclear Cities Initiative'' means 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.

Subtitle D--Safeguards, Security, and Counterintelligence at Department 
                          of Energy Facilities

SEC. 3151. SHORT TITLE.

    This subtitle may be cited as the ``Department of Energy Facilities 
Safeguards, Security, and Counterintelligence Enhancement Act of 
1999''.

SEC. 3152. COMMISSION ON SAFEGUARDS, SECURITY, AND COUNTERINTELLIGENCE 
              AT DEPARTMENT OF ENERGY FACILITIES.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``Commission on Safeguards, Security, and 
Counterintelligence at Department of Energy Facilities'' (in this 
section referred to as the ``Commission'').
    (b) Organizational Matters.--(1) The Commission shall be composed 
of nine members appointed from among individuals in the public and 
private sectors who have significant experience in matters related to 
the security of nuclear weapons and materials, the classification of 
information, or counterintelligence matters, as follows:
            (A) Two shall be appointed by the Chairman of the Committee 
        on Armed Services of the Senate, in consultation with the 
        ranking member of that Committee.
            (B) One shall be appointed by the ranking member of the 
        Committee on Armed Services of the Senate, in consultation with 
        the Chairman of that Committee.
            (C) Two shall be appointed by the Chairman of the Committee 
        on Armed Services of the House of Representatives, in 
        consultation with the ranking member of that Committee.
            (D) One shall be appointed by the ranking member of the 
        Committee on Armed Services of the House of Representatives, in 
        consultation with the Chairman of that Committee.
            (E) One shall be appointed by the Secretary of Defense.
            (F) One shall be appointed by the Director of the Federal 
        Bureau of Investigation.
            (G) One shall be appointed by the Director of Central 
        Intelligence.
    (2) Members of the Commission shall be appointed for four year 
terms, except as follows:
            (A) One member initially appointed under paragraph (1)(A) 
        shall serve a term of two years.
            (B) One member initially appointed under paragraph (1)(C) 
        shall serve a term of two years.
            (C) The member initially appointed under paragraph (1)(E) 
        shall serve a term of two years.
    (3) Any vacancy in the Commission shall be filled in the same 
manner as the original appointment and shall not affect the powers of 
the Commission.
    (4)(A) After five members of the Commission have been appointed 
under paragraph (1), the Chairman of the Committee on Armed Services of 
the Senate, in consultation with the Chairman of the Committee on Armed 
Services of the House of Representatives, shall designate the chairman 
of the Commission from among the members appointed under paragraph 
(1)(A).
    (B) The chairman of the Commission may be designated once five 
members of the Commission have been appointed under paragraph (1).
    (5) The members of the Commission shall be appointed not later than 
60 days after the date of the enactment of this Act.
    (6) The members of the Commission shall establish procedures for 
the activities of the Commission, including procedures for calling 
meetings, requirements for quorums, and the manner of taking votes.
    (7) The Commission shall meet not less often than once every three 
months.
    (8) The Commission may commence its activities under this section 
upon the designation of the chairman of the Commission under paragraph 
(4).
    (c) Duties.--(1) The Commission shall, in accordance with this 
section, review the safeguards, security, and counterintelligence 
activities (including activities relating to information management, 
computer security, and personnel security) at Department of Energy 
facilities to--
            (A) determine the adequacy of those activities to ensure 
        the security of sensitive information, processes, and 
        activities under the jurisdiction of the Department against 
        threats to the disclosure of such information, processes, and 
        activities; and
            (B) make recommendations for actions the Commission 
        determines as being necessary to ensure that such security is 
        achieved and maintained.
    (2) The activities of the Commission under paragraph (1) shall 
include the following:
            (A) An analysis of the sufficiency of the Design Threat 
        Basis documents as a basis for the allocation of resources for 
        safeguards, security, and counterintelligence activities at the 
        Department facilities in light of applicable guidance with 
        respect to such activities, including applicable laws, 
        Department of Energy orders, Presidential Decision Directives, 
        and Executive Orders.
            (B) Visits to Department facilities to assess the adequacy 
        of the safeguards, security, and counterintelligence activities 
        at such facilities.
            (C) Evaluations of specific concerns set forth in 
        Department reports regarding the status of safeguards, 
        security, or counterintelligence activities at particular 
        Department facilities or at facilities throughout the 
        Department.
            (D) Reviews of relevant laws, Department orders, and other 
        requirements relating to safeguards, security, and 
        counterintelligence activities at Department facilities.
            (E) Any other activities relating to safeguards, security, 
        and counterintelligence activities at Department facilities 
        that the Secretary of Energy considers appropriate.
    (d) Report.--(1) Not later than February 15 each year, the 
Commission shall submit to the Secretary of Energy and to the 
congressional defense committees a report on the activities of the 
Commission during the preceding year. The report shall be submitted in 
unclassified form, but may include a classified annex.
    (2) Each report--
            (A) shall describe the activities of the Commission during 
        the year covered by the report;
            (B) shall set forth proposals for any changes in 
        safeguards, security, or counterintelligence activities at 
        Department of Energy facilities that the Commission considers 
        appropriate in light of such activities; and
            (C) may include any other recommendations for legislation 
        or administrative action that the Commission considers 
        appropriate.
    (e) Personnel Matters.--(1)(A) Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission.
    (B) All members of the Commission who are officers or employees of 
the United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States.
    (2) The members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (3)(A) The Commission may, without regard to the civil service laws 
and regulations, appoint and terminate such personnel as may be 
necessary to enable the Commission to perform its duties.
    (B) The Commission may fix the compensation of the personnel of the 
Commission without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule pay rates.
    (4) Any officer or employee of the United States may be detailed to 
the Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (5) The members and employees of the Commission shall hold security 
clearances appropriate for the matters considered by the Commission in 
the discharge of its duties under this section.
    (f) Applicability of FACA.--The provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the activities of the 
Commission.
    (g) Funding.--(1) From amounts authorized to be appropriated by 
sections 3101 and 3103, the Secretary of Energy shall make available to 
the Commission not more than $1,000,000 for the activities of the 
Commission under this section.
    (2) Amounts made available to the Commission under this subsection 
shall remain available until expended.
    (h) Termination of Department of Energy Security Management 
Board.--(1) Section 3161 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 
note) is repealed.
    (2) Section 3162 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42 U.S.C. 7274 
note) is amended--
            (A) by striking ``(a) In General.--''; and
            (B) by striking subsection (b).

SEC. 3153. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL AT DEPARTMENT 
              OF ENERGY FACILITIES.

    (a) In General.--The Secretary of Energy shall ensure that an 
investigation meeting the requirements of section 145 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2165) is made for each Department of 
Energy employee, or contractor employee, at a Department of Energy 
facility who--
            (1) carries out duties or responsibilities in or around a 
        location where Restricted Data is or may be present; or
            (2) has or may have regular access to a location where 
        Restricted Data is present.
    (b) Compliance.--The Secretary shall have one year from the date of 
the enactment of this Act to meet the requirement in subsection (a).

SEC. 3154. PLAN FOR POLYGRAPH EXAMINATIONS OF CERTAIN PERSONNEL AT 
              DEPARTMENT OF ENERGY FACILITIES.

    (a) Plan.--(1) Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Energy shall submit to the 
congressional defense committees a plan for conducting, as part of the 
Department of Energy personnel assurance programs, periodic polygraph 
examinations of each Department of Energy employee, or contractor 
employee, at a Department of Energy facility who has or may have access 
to Restricted Data or Sensitive Compartmented Information. The purpose 
of the examinations is to minimize the potential for release or 
disclosure of such data or information by such employees.
    (2) The plan shall include recommendations for any legislative 
action necessary to implement the plan.
    (b) Limitation on Use of Funds Pending Submittal of Plan.--Not more 
than 50 percent of the amounts authorized to be appropriated or 
otherwise made available for the Department of Energy for fiscal year 
2000 for travel expenses may be obligated or expended until the date of 
the submittal of the plan required by subsection (a).

SEC. 3155. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF DEPARTMENT OF 
              ENERGY REGULATIONS RELATING TO THE SAFEGUARDING AND 
              SECURITY OF RESTRICTED DATA.

    (a) In General.--Chapter 18 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section 
234A the following new section:
    ``Sec. 234B. Civil Monetary Penalties for Violations of Department 
of Energy Regulations Regarding Security of Classified or Sensitive 
Information or Data.--
    ``a. Any person who has entered into a contract or agreement with 
the Department of Energy, or a subcontract or subagreement thereto, and 
who violates (or whose employee violates) any applicable rule, 
regulation, or order prescribed or otherwise issued by the Secretary 
pursuant to this Act relating to the safeguarding or security of 
Restricted Data or other classified or sensitive information shall be 
subject to a civil penalty of not to exceed $100,000 for each such 
violation.
    ``b. The Secretary shall include in each contract with a contractor 
of the Department provisions which provide an appropriate reduction in 
the fees or amounts paid to the contractor under the contract in the 
event of a violation by the contractor or contractor employee of any 
rule, regulation, or order relating to the safeguarding or security of 
Restricted Data or other classified or sensitive information. The 
provisions shall specify various degrees of violations and the amount 
of the reduction attributable to each degree of violation.
    ``c. The powers and limitations applicable to the assessment of 
civil penalties under section 234A shall apply to the assessment of 
civil penalties under this section.''.
    (b) Clarifying Amendment.--The section heading of section 234A of 
that Act (42 U.S.C. 2282a) is amended by inserting ``Safety'' before 
``Regulations''.
    (c) Clerical Amendment.--The table of sections for that Act is 
amended by inserting after the item relating to section 234 the 
following new items:

``234A. Civil Monetary Penalties for Violations of Department of Energy 
                            Safety Regulations.
``234B. Civil Monetary Penalties for Violations of Department of Energy 
                            Regulations Regarding Security of 
                            Classified or Sensitive Information or 
                            Data.''.

SEC. 3156. MORATORIUM ON LABORATORY-TO-LABORATORY AND FOREIGN VISITORS 
              AND ASSIGNMENTS PROGRAMS.

    (a) Certification.--(1) The Secretary of Energy, the Director of 
Central Intelligence, and the Director of the Federal Bureau of 
Investigation shall jointly submit to the committees referred to in 
paragraph (3) a certification that each program referred to in 
paragraph (2) meets the following conditions:
            (A) That the program complies with applicable orders, 
        regulations, and policies of the Department of Energy relating 
        to the safeguarding and security of sensitive information and 
        fulfills any counterintelligence requirements arising under 
        such orders, regulations, and policies.
            (B) That the program complies with Presidential Decision 
        Directives and similar requirements relating to the 
        safeguarding and security of sensitive information and fulfills 
        any counterintelligence requirements arising under such 
        Directives or requirements.
            (C) That the program includes adequate protections against 
        the inadvertent release of Restricted Data, information 
        important to the national security of the United States, and 
        any other sensitive information the disclosure of which might 
        harm the interests of the United States.
            (D) That the program does not pose an undue risk to the 
        national security interests of the United States.
    (2) A program referred to in this paragraph is any program as 
follows:
            (A) A cooperative program carried out between the 
        Department of Energy and the People's Republic of China.
            (B) A cooperative program carried out between the 
        Department of Energy and an independent state of the former 
        Soviet Union.
            (C) A cooperative program carried out between the 
        Department of Energy and any nation designated as sensitive by 
        the Secretary of State.
    (3) The committees referred to in this paragraph are the following:
            (A) The Committees on Armed Services and Appropriations and 
        the Select Committee on Intelligence of the Senate.
            (B) The Committees on Armed Services and Appropriations and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives.
    (b) Limitation on Use of Funds Pending Certification.--(1) Except 
as provided in paragraph (2), no amounts authorized to be appropriated 
by section 3101 or 3103 or otherwise made available to the Department 
of Energy for fiscal year 2000 may be obligated or expended to conduct 
a program referred to in subsection (a)(2), or any studies or planning 
in anticipation of such program, beginning on the date that is 45 days 
after the date of the enactment of this Act and continuing until 30 
days after the date on which the Director of Central Intelligence 
submits to the committees referred to in subsection (a)(3) the 
certification referred to in subsection (a)(1). The certification shall 
be submitted in unclassified form, but may include a classified annex.
    (2)(A) The 30-day wait period specified in paragraph (1) for the 
obligation and expenditure of funds for a program referred to in 
subsection (a)(2) shall not apply if the certification with respect to 
the program under subsection (a)(1) is submitted during the 45-day 
period beginning on the date of the enactment of this Act.
    (B) The limitation in paragraph (1) shall not apply--
            (i) to the obligation or expenditure of funds authorized to 
        be appropriated by title III for activities relating to 
        cooperative threat reduction with states of the former Soviet 
        Union; or
            (ii) to the obligation or expenditure of funds authorized 
        to be appropriated by section 3103(a)(1)(A)(ii) for the 
        materials protection control and accounting program of the 
        Department.

SEC. 3157. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.

    (a) Communication of Restricted Data.--Section 224 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2274) is amended--
            (1) in clause a., by striking ``$20,000'' and inserting 
        ``$40,000''; and
            (2) in clause b., by striking ``$10,000'' and inserting 
        ``$20,000''.
    (b) Receipt of Restricted Data.--Section 225 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2275) is amended by striking ``$20,000'' and 
inserting ``$40,000''.
    (c) Disclosure of Restricted Data.--Section 227 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2277) is amended by striking ``$2,500'' 
and inserting ``$5,000''.

SEC. 3158. ORGANIZATION OF DEPARTMENT OF ENERGY COUNTERINTELLIGENCE AND 
              INTELLIGENCE PROGRAMS AND ACTIVITIES.

    (a) Office of Counterintelligence.--Title II of the Department of 
Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding 
at the end the following:

                    ``office of counterintelligence

    ``Sec. 213. (a) There is within the Department an Office of 
Counterintelligence.
    ``(b)(1) The head of the Office shall be the Director of the Office 
of Counterintelligence.
    ``(2) The Secretary shall, with the concurrence of the Director of 
the Federal Bureau of Investigation, designate the head of the office 
from among senior executive service employees of the Federal Bureau of 
Investigation who have expertise in matters relating to 
counterintelligence.
    ``(3) The Director of the Federal Bureau of Investigation may 
detail, on a reimbursable basis, any employee of the Bureau to the 
Department for service as Director of the Office. The service of an 
employee of the Bureau as Director of the Office shall not result in 
any loss of status, right, or privilege by the employee within the 
Bureau.
    ``(4) The Director of the Office shall report directly to the 
Secretary.
    ``(c)(1) The Director of the Office shall develop and ensure the 
implementation of security and counterintelligence programs and 
activities at Department facilities in order to reduce the threat of 
disclosure or loss of classified and other sensitive information at 
such facilities.
    ``(2) The Director of the Office shall be responsible for the 
administration of the personnel assurance programs of the Department.
    ``(3) The Director shall inform the Secretary, the Director of 
Central Intelligence, and the Director of the Federal Bureau of 
Investigation on a regular basis, and upon specific request by any such 
official, regarding the status and effectiveness of the security and 
counterintelligence programs and activities at Department facilities.
    ``(d)(1) Not later than March 1 each year, the Director of the 
Office shall submit to the Secretary, the Director of Central 
Intelligence, and the Director of the Federal Bureau of Investigation 
and to the Committees on Armed Services of the Senate and House of 
Representatives a report on the status and effectiveness of the 
security and counterintelligence programs and activities at Department 
facilities during the preceding year.
    ``(2) Each report shall include for the year covered by the report 
the following:
            ``(A) A description of the status and effectiveness of the 
        security and counterintelligence programs and activities at 
        Department facilities.
            ``(B) A description of any violation of law or other 
        requirement relating to intelligence, counterintelligence, or 
        security at such facilities, including--
                    ``(i) the number of violations that were 
                investigated; and
                    ``(ii) the number of violations that remain 
                unresolved.
            ``(C) A description of the number of foreign visitors to 
        Department facilities, including the locations of the visits of 
        such visitors.
    ``(3) Each report submitted under this subsection to the committees 
referred to in paragraph (1) shall be submitted in unclassified form, 
but may include a classified annex.''.
    (b) Office of Intelligence.--That title is further amended by 
adding at the end the following:

                        ``office of intelligence

    ``Sec. 214. (a) There is within the Department an Office of 
Intelligence.
    ``(b)(1) The head of the Office shall be the Director of the Office 
of Intelligence.
    ``(2) The Director of the Office shall be a senior executive 
service employee of the Department.
    ``(3) The Director of the Office shall report directly to the 
Secretary.
    ``(c) The Director of the Office shall be responsible for the 
programs and activities of the Department relating to the analysis of 
intelligence with respect to nuclear weapons and materials, other 
nuclear matters, and energy security.''.
    (c) Clerical Amendment.--The table of contents for that Act is 
amended by inserting after the item relating to section 212 the 
following items:

``213. Office of Counterintelligence.
``214. Office of Intelligence.''.

SEC. 3159. COUNTERINTELLIGENCE ACTIVITIES AT CERTAIN DEPARTMENT OF 
              ENERGY FACILITIES.

    (a) Assignment of Counterintelligence Personnel.--(1) The Secretary 
of Energy shall assign to each Department of Energy facility at which 
Restricted Data is located an individual who shall assess security and 
counterintelligence matters at that facility.
    (2) An individual assigned to a facility under this subsection 
shall be stationed at the facility.
    (b) Supervision.--Each individual assigned under subsection (a) 
shall report directly to the Director of the Office of 
Counterintelligence of the Department of Energy.

SEC. 3160. WHISTLEBLOWER PROTECTION.

    (a) Program.--The Secretary of Energy shall establish a program to 
ensure that an employee of the Department of Energy, or a contractor 
employee, may not be discharged, demoted, or otherwise discriminated 
against as a reprisal for disclosing to a person or entity referred to 
in subsection (b) information relating to the protection of classified 
information which the employee or contractor employee reasonably 
believes to provide direct and specific evidence of a violation 
described in subsection (c).
    (b) Covered Persons and Entities.--A person or entity referred to 
in this subsection is the following:
            (1) A Member of a committee of Congress having primary 
        responsibility for oversight of the department, agency, or 
        element of the Federal Government to which the disclosed 
        information relates.
            (2) An employee of Congress who--
                    (A) is a staff member of a committee of Congress 
                having primary responsibility for oversight of the 
                department, agency, or element of the Federal 
                Government to which the disclosed information relates; 
                and
                    (B) has an appropriate security clearance for 
                access to the information.
            (3) The Inspector General of the Department of Energy.
            (4) The Federal Bureau of Investigation.
            (5) Any other element of the Federal Government designated 
        by the Secretary as authorized to receive information of the 
        type disclosed.
    (c) Covered Violations.--A violation referred to in subsection (a) 
is--
            (1) a violation of law or Federal regulation;
            (2) gross mismanagement, a gross waste of funds, or abuse 
        of authority; or
            (3) a false statement to Congress on an issue of material 
        fact.

SEC. 3161. INVESTIGATION AND REMEDIATION OF ALLEGED REPRISALS FOR 
              DISCLOSURE OF CERTAIN INFORMATION TO CONGRESS.

    (a) Submittal of Allegations to Inspector General.--A Department of 
Energy employee or contractor employee who believes that the employee 
has been discharged, demoted, or otherwise discriminated against as a 
reprisal for disclosing information referred to in subsection (a) of 
section 3160 in accordance with the provisions of that section may 
submit a complaint relating to such action to the Inspector General of 
the Department of Energy.
    (b) Investigation.--(1) For each complaint submitted under 
subsection (a), the Inspector General shall--
            (A) determine whether or not the complaint is frivolous; 
        and
            (B) if the Inspector General determines the complaint is 
        not frivolous, conduct an investigation of the complaint.
    (2) The Inspector General shall submit a report on each 
investigation undertaken under paragraph (1)(B) to--
            (A) the employee who submitted the complaint on which the 
        investigation is based;
            (B) the contractor concerned, if any; and
            (C) the Secretary of Energy.
    (c) Remedial Actions.--(1) If the Secretary determines that an 
employee has been subjected to an adverse personnel action referred to 
in subsection (a) in contravention of the provisions of section 
3160(a), the Secretary shall--
            (A) in the case of a Department employee, take appropriate 
        actions to abate the action; or
            (B) in the case of a contractor employee, order the 
        contractor concerned to take appropriate actions to abate the 
        action.
    (2)(A) If a contractor fails to comply with an order issued under 
paragraph (1)(B), the Secretary may file an action for enforcement of 
the order in the appropriate United States district court.
    (B) In any action brought under subparagraph (A), the court may 
grant appropriate relief, including injunctive relief and compensatory 
and exemplary damages.
    (d) Quarterly Report.--(1) Not later than 30 days after the 
commencement of each fiscal quarter, the Inspector General shall submit 
to the congressional defense committees a report on the investigations 
undertaken under subsection (b)(1)(B) during the preceding fiscal 
quarter, including a summary of the results of such investigations.
    (2) A report under paragraph (1) shall not identify or otherwise 
provide any information on a person submitting a complaint under this 
section without the consent of the person.

SEC. 3162. NOTIFICATION TO CONGRESS OF CERTAIN SECURITY AND 
              COUNTERINTELLIGENCE FAILURES AT DEPARTMENT OF ENERGY 
              FACILITIES.

    (a) Requirement.--The Secretary of Energy, after consultation with 
the Director of Central Intelligence and the Director of the Federal 
Bureau of Investigation, as appropriate, shall submit to the 
congressional defense committees a notification of each serious 
security or counterintelligence failure at a Department of Energy 
facility that the Secretary considers likely to cause significant harm 
or damage to the national security interests of the United States.
    (b) Deadline.--The Secretary shall submit a notice under subsection 
(a) for a failure covered by that subsection not later than 30 days 
after learning of the failure.
    (c) Procedures.--The Secretary and the congressional defense 
committees shall each establish such procedures as may be necessary to 
carry out the provisions of this title.
    (d) Protection of Classified and Other Sensitive Information.--(1) 
The House of Representatives and the Senate shall each establish, by 
rule or resolution of such House, procedures to protect from 
unauthorized disclosure classified information, all information 
relating to intelligence sources and methods, and sensitive law 
enforcement information that is furnished to the congressional defense 
committees pursuant to this section.
    (2) Such procedures shall be established in consultation with the 
Secretary of Energy, the Director of Central Intelligence, and the 
Director of the Federal Bureau of Investigation.
    (e) Savings Provisions.--(1) Nothing in this section shall be 
construed as authority to withhold information from the congressional 
defense committees on the grounds that providing the information to 
such committees would constitute the unauthorized disclosure of 
classified information, information relating to intelligence sources or 
methods, or sensitive law enforcement information.
    (2) Nothing in this section shall be construed to modify or 
supersede any other requirement to report information on intelligence 
activities to Congress, including the requirement under section 501 of 
the National Security Act of 1947 (50 U.S.C. 413) for the President to 
ensure that the intelligence committees are kept fully and currently 
informed of the intelligence activities of the United States and for 
the intelligence committees to notify promptly other congressional 
committees of any matter relating to intelligence activities requiring 
the attention of such committees.

SEC. 3163. CONDUCT OF SECURITY CLEARANCES.

    (a) Responsibility of Federal Bureau of Investigation.--Section 145 
of the Atomic Energy Act of 1954 (42 U.S.C. 2165) is amended by 
striking ``the Civil Service Commission'' each place it appears in 
subsections a., b., and c. and inserting ``the Federal Bureau of 
Investigation''.
    (b) Conforming Amendments.--That section is further amended--
            (1) by striking subsections d. and f.; and
            (2) by redesignating subsections e., g., and h. as 
        subsections d., e., and f., respectively; and
            (3) in subsection d., as so redesignated, by striking 
        ``determine that investigations'' and all that follows and 
        inserting ``require that investigations be conducted by the 
        Federal Bureau of Investigation of any group or class covered 
        by subsections a., b., and c. of this section.''.
    (c) Compliance.--The Director of the Federal Bureau of 
Investigation shall have one year from the date of the enactment of 
this Act to meet the responsibilities of the Bureau under section 145 
of the Atomic Energy Act of 1954, as amended by this section.
    (d) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to the congressional defense committees, the 
Select Committee on Intelligence of the Senate, and the Permanent 
Select Committee on Intelligence of the House of Representatives a 
report on the implementation of the responsibilities of the Bureau 
under section 145 of the Atomic Energy Act of 1954, as so amended.
    (e) Technical Amendment.--Subsection f. of that section, as so 
redesignated, is amended by striking ``section 145 b.'' and inserting 
``subsection b. of this section''.

SEC. 3164. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-
              LABORATORY EXCHANGES.

    (a) Provision of Training.--The Secretary of Energy shall ensure 
that all Department of Energy employees and Department of Energy 
contractor employees participating in laboratory-to-laboratory 
cooperative exchange activities are fully trained in matters relating 
to the protection of classified information and to potential espionage 
and counterintelligence threats.
    (b) Countering of Espionage and Intelligence-Gathering Abroad.--(1) 
The Secretary shall establish a pool of Department employees and 
Department contractor employees who are specially trained to counter 
threats of espionage and intelligence-gathering by foreign nationals 
against Department employees and Department contractor employees who 
travel abroad for laboratory-to-laboratory exchange activities or other 
cooperative exchange activities on behalf of the Department.
    (2) The Director of Counterintelligence of the Department of Energy 
may assign at least one employee from the pool established under 
paragraph (1) to accompany a group of Department employees or 
Department contractor employees who travel to any nation designated to 
be a sensitive country for laboratory-to-laboratory exchange activities 
or other cooperative exchange activities on behalf of the Department.

SEC. 3165. DEFINITION.

    In this subtitle, the term ``Restricted Data'' has the meaning 
given that term in section 11 y. of the Atomic Energy Act of 1954 (42 
U.S.C. 2014(y)).

                       Subtitle E--Other Matters

SEC. 3171. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE DEPARTMENT 
              OF DEFENSE AND DEPARTMENT OF ENERGY.

    (a) Administration of Joint Nuclear Weapons Council.--(1) 
Subsection (b) of section 179 of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(3) The Council shall meet not less often than once every three 
months.''.
    (2) Subsection (c) of that section is amended by adding at the end 
the following new paragraph:
    ``(3) If the position of Assistant to the Secretary of Defense for 
Nuclear and Chemical and Biological Defense Programs remains vacant for 
a period of more than 9 months, the Secretary of Energy shall appoint a 
qualified individual to serve as acting staff director of the Council 
until the position of Assistant to the Secretary of Defense for Nuclear 
and Chemical and Biological Defense Programs is filled.''.
    (b) Revitalization of Joint Nuclear Weapons Council.--(1) The 
Secretary of Defense and the Secretary of Energy shall jointly prepare 
and submit to the Committees on Armed Services of the Senate and the 
House of Representatives a plan to revitalize the Joint Nuclear Weapons 
Council established by section 179 of title 10, United States Code.
    (2) The plan shall include any proposed modification to the 
membership or responsibilities of the Council that the Secretaries 
jointly determine advisable to enhance the capability of the Council to 
ensure the integration of Department of Defense requirements for 
nuclear weapons into the programs and budget processes of the 
Department of Energy.
    (c) Annual Report on Council Activities.--The Secretary of Defense, 
shall, after consultation with the Secretary of Energy, submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives on an annual basis a report on the activities of the 
Joint Nuclear Weapons Council. Each report shall include the following:
            (1) A description of the activities of the Council during 
        the 12-month period ending on the date of the report together 
        with any assessments or studies conducted by the Council during 
        that period.
            (2) A description of the highest priority requirements of 
        the Department of Defense with respect to the Department of 
        Energy stockpile stewardship and management program as of that 
        date.
            (3) An assessment of the extent to which the requirements 
        referred to in paragraph (2) are being addressed by the 
        Department of Energy as of that date.
    (d) Nuclear Mission Management Plan.--The Secretary of Defense 
shall develop and implement a plan to ensure the continued reliability 
of the capability of the Department of Defense to carry out its nuclear 
deterrent mission. The plan shall--
            (1) articulate the current policy of the United States on 
        the role of nuclear weapons and nuclear deterrence in the 
        conduct of defense and foreign relations matters;
            (2) establish stockpile viability and capability 
        requirements with respect to that mission, including the number 
        and variety of warheads required;
            (3) establish requirements relating to the contractor 
        industrial base, support infrastructure, and surveillance, 
        testing, assessment, and certification of nuclear weapons 
        necessary to support that mission;
            (4) take into account requirements for the critical skills, 
        readiness, training, exercise, and testing of personnel 
        necessary to meet that mission; and
            (5) take into account the relevant programs and plans of 
        the military departments and the defense agencies with respect 
        to readiness, sustainment (including research and development), 
        and modernization of the strategic deterrent forces.
    (e) Nuclear Expertise Retention Measures.--(1) The Secretary of 
Energy and Secretary of Defense shall jointly submit to the committees 
referred to in subsection (c) a plan setting forth the actions that the 
Secretaries consider necessary to retain core scientific, engineering, 
and technical skills and capabilities within the Department of Energy, 
the Department of Defense, and their contractors in order to maintain 
the United States nuclear deterrent force indefinitely.
    (2) The plan shall include the following elements:
            (A) A baseline of current skills and capabilities by 
        location.
            (B) A statement of the skills or capabilities that are at 
        risk of being lost within the next ten years.
            (C) A proposal for recruitment and retention measures to 
        address the loss of such skills or capabilities.
            (D) A proposal for the training and evaluation of personnel 
        with core scientific, engineering, and technical skills and 
        capabilities.
            (E) A statement of the additional advanced manufacturing 
        programs and process engineering programs that are required to 
        maintain the nuclear deterrent force indefinitely.
            (F) An assessment of the desirability of establishing a 
        nuclear weapons workforce reserve to ensure the availability of 
        the skills and capabilities of present and former employees of 
        the Department in the event of an urgent future need for such 
        skills and capabilities.
    (f) Reports on Critical Difficulties at Nuclear Weapons 
Laboratories.--Section 3159 of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842; 42 U.S.C. 
7274o) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Inclusion of Reports in Annual Stockpile Certification.--Any 
report submitted pursuant to subsection (a) shall also be included with 
the decision documents that accompany the annual certification of the 
safety and reliability of the United States nuclear weapons stockpile 
which is provided to the President for the year in which such report is 
submitted.''.
    (g) Technical Amendment.--Section 179(f) of title 10, United States 
Code, is amended by striking ``the Committee on Armed Services'' and 
all that follows through ``House of Representatives'' and inserting 
``the Committees on Armed Services and Appropriations of the Senate and 
the Committees on Armed Services and Appropriations of the House of 
Representatives''.

SEC. 3172. MODIFICATION OF BUDGET AND PLANNING REQUIREMENTS FOR 
              DEPARTMENT OF ENERGY NATIONAL SECURITY ACTIVITIES.

    (a) Enhancement of Annual Five-Year Budget.--(1) Section 3155 of 
the National Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 110 Stat. 2841; 42 U.S.C. 7271b) is amended--
            (A) by redesignating subsection (b) as subsection (c);
            (B) by striking subsection (a) and inserting the following 
        new subsections:
    ``(a) Requirement.--The Secretary of Energy shall prepare for each 
fiscal year after fiscal year 2000 a program and budget plan for the 
national security programs of the Department of Energy for the five-
fiscal year period beginning in the year the program and budget plan is 
prepared.
    ``(b) Elements.--Each program and budget plan shall contain the 
following:
            ``(1) The estimated expenditures and proposed 
        appropriations necessary to support the programs, projects, and 
        activities of the national security programs of the Department 
        during the five-fiscal year period covered by the program and 
        budget plan, expressed in a level of detail comparable to that 
        contained in the budget submitted by the President to Congress 
        under section 1105 of title 31, United States Code.
            ``(2) A description of the anticipated workload 
        requirements for each Department site during that five-fiscal 
        year period.''; and
            (C) in subsection (c), as so redesignated, by striking 
        ``the budget required'' and inserting ``the program and budget 
        plan required''.
    (2) The section heading of such section is amended by striking 
``five-year budget'' and inserting ``five-fiscal year program and 
budget plan''.
    (b) Additional Requirements for Weapons Activities Budgets.--
Section 3156 of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271c) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Impact of Budget on Stockpile.--The Secretary shall include 
in the materials the Secretary submits to Congress in support of the 
budget for any fiscal year after fiscal year 2000 that is submitted by 
the President pursuant to section 1105 of title 31, United States Code, 
a description of how the funds identified for each program element in 
the weapons activities budget of the Department for such fiscal year 
will help ensure that the nuclear weapons stockpile is safe and 
reliable as determined in accordance with the criteria established 
under 3158 of the National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note).''.

SEC. 3173. 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, 2003.
    (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. 3174. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.

    (a) Plan.--The Secretary of Energy shall develop a long-term plan 
for the integrated management of fissile materials by the Department of 
Energy. The plan shall--
            (1) identify means of consolidating or integrating the 
        responsibilities of the Office of Environmental Management, the 
        Office of Fissile Materials Disposition, the Office of Nuclear 
        Energy, and the Office of Defense Programs for the treatment, 
        storage and disposition of fissile materials, and for the waste 
        streams containing fissile materials, in order to achieve 
        budgetary and other efficiencies in the discharge of those 
        responsibilities; and
            (2) identify any expenditures necessary at the sites that 
        are anticipated to have an enduring mission for plutonium 
        management in order to achieve the integrated management of 
        fissile materials by the Department.
    (b) Submittal to Congress.--The Secretary shall submit the plan 
required by subsection (a) to the congressional defense committees not 
later than February 1, 2000.

SEC. 3175. USE OF AMOUNTS FOR AWARD FEES FOR DEPARTMENT OF ENERGY 
              CLOSURE PROJECTS FOR ADDITIONAL CLEANUP PROJECTS AT 
              CLOSURE PROJECT SITES.

    (a) Authority To Use Amounts.--The Secretary of Energy may use an 
amount authorized to be appropriated for the payment of award fees for 
a Department of Energy closure project for purposes of conducting 
additional cleanup activities at the closure project site if the 
Secretary--
            (1) anticipates that such amount will not be obligated for 
        payment of award fees in the fiscal year in which such amount 
        is authorized to be appropriated; and
            (2) determines the use will not result in a deferral of the 
        payment of the award fees for more than 12 months.
    (b) Report on Use of Authority.--Not later than 30 days after each 
exercise of the authority in subsection (a), the Secretary shall submit 
to the congressional defense committees a report the exercise of the 
authority.

SEC. 3176. PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING 
              DEPARTMENT OF ENERGY CONSTRUCTION PROJECTS.

    (a) Requirement.--(1) The Secretary of Energy shall carry out a 
pilot program on use of project management oversight (PMO) services for 
Department of Energy construction projects.
    (2) The purpose of the pilot program is to provide a basis for 
determining whether or not the use of competitively procured, external 
project management oversight services on construction projects would 
permit the Department to control excessive costs and schedule delays 
associated with Department construction projects having large capital 
costs.
    (b) Projects Covered by Program.--(1) Subject to paragraph (2), the 
Secretary shall carry out the pilot program at construction projects 
selected by the Secretary. The projects shall include one or more 
construction projects authorized pursuant to section 3101 and one 
construction project authorized pursuant to section 3102.
    (2) The Secretary shall select projects that have capital 
construction costs anticipated to be not less than $25,000,000.
    (c) Services Under Program.--The project management oversight 
services utilized under the pilot program shall include the following 
services:
            (1) Monitoring the overall progress of a project.
            (2) Determining whether or not a project is on schedule.
            (3) Determining whether or not a project is within budget.
            (4) Determining whether or not a project conforms with 
        plans and specifications approved by the Department.
            (5) Determining whether or not a project is being carried 
        out efficiently and effectively.
            (6) Any other management oversight services that the 
        Secretary considers appropriate for purposes of the pilot 
        program.
    (d) Procurement of Services Under Program.--Any services procured 
under the pilot program shall be acquired--
            (1) on a competitive basis; and
            (2) from among commercial entities that--
                    (A) do not currently manage or operate facilities 
                at a location where the pilot program is being 
                conducted; and
                    (B) have an expertise in the management of large 
                construction projects.
    (e) Report.--Not later than February 1, 2000, the Secretary shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on pilot program. The report shall include 
the Secretary's assessment of the feasibility and desirability of 
utilizing project management oversight services for Department of 
Energy construction projects.

SEC. 3177. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT, NEW 
              MEXICO.

    Section 1433(a) of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2073) is amended in the second 
sentence by striking ``nine additional one-year periods'' and inserting 
``fourteen additional one-year periods''.

SEC. 3178. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM THE ROCKY 
              FLATS PLANT, COLORADO, TO THE WASTE ISOLATION PILOT 
              PLANT, NEW MEXICO.

    (a) Submittal of Proposed Schedule.--Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Energy shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a proposed schedule for the commencement of shipments 
of waste from the Rocky Flats Plant, Colorado, to the Waste Isolation 
Pilot Plant, New Mexico.
    (b) Elements.--The schedule under subsection (a) shall set forth--
            (1) the proposed commencement date of shipments of mixed 
        transuranic waste from the Rocky Flats Plant to the Waste 
        Isolation Pilot Plant; and
            (2) the proposed commencement date of shipments of unmixed 
        transuranic waste from the Rocky Flats Plant to the Waste 
        Isolation Pilot Plant.
    (c) Requirements Regarding Schedule.--In preparing the schedule, 
the Secretary shall assume the following:
            (1) A closure date for the Rocky Flats Plant in 2006.
            (2) That all waste that is transferable from the Rocky 
        Flats Plant to the Waste Isolation Pilot Plant will be removed 
        from the Rocky Flats Plant by that closure date as specified in 
        the current 2006 Rocky Flats Plant Closure Plan.
            (3) That, to the maximum extent practicable, shipments of 
        waste from the Rocky Flats Plant to the Waste Isolation Pilot 
        Plant will be carried out on an expedited schedule, but not 
        interfere with other shipments of waste to the Waste Isolation 
        Pilot Plant that are planned as of the date of the enactment of 
        this Act.

SEC. 3179. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY FLATS 
              ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.

    (a) Report.--Not later than December 31, 2000, the Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report assessing the progress in the 
closure of the Rocky Flats Environmental Technology Site, Colorado.
    (b) Report Elements.--The report shall address the following:
            (1) How decisions with respect to the future use of the 
        Rocky Flats Environmental Technology Site effect ongoing 
        cleanup at the site.
            (2) Whether the Secretary of Energy could provide 
        flexibility to the contractor at the site in order to quicken 
        the cleanup of the site.
            (3) Whether the Secretary could take additional actions 
        throughout the nuclear weapons complex of the Department of 
        Energy in order to quicken the closure of the site.
            (4) The developments, if any, since the April 1999 report 
        of the Comptroller General that could alter the pace of the 
        closure of the site.
            (5) The possibility of closure of the site by 2006.
            (6) The actions that could be taken by the Secretary or 
        Congress to ensure that the site would be closed by 2006.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

    There are authorized to be appropriated for fiscal year 2000, 
$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. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2000, the 
National Defense Stockpile Manager may obligate up to $78,700,000 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 on which Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 3302. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF STOCKPILE 
              MATERIALS.

    (a) Public Law 105-261 Authority.--Section 3303(b) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended--
            (1) by striking ``(b) Limitation on Disposal Quantity.--'' 
        and inserting ``(b) Limitations on Disposal Authority.--(1)''; 
        and
            (2) by adding at the end the following:
    ``(2) The President may not dispose of materials under this section 
in excess of the disposals necessary to result in receipts in the 
amounts specified in subsection (a).''.
    (b) Public Law 105-85 Authority.--Section 3305(b) of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 2058; 50 U.S.C. 98d note) is amended--
            (1) by striking ``(b) Limitation on Disposal Quantity.--'' 
        and inserting ``(b) Limitations on Disposal Authority.--(1)''; 
        and
            (2) by adding at the end the following:
    ``(2) The President may not dispose of cobalt under this section in 
excess of the disposals necessary to result in receipts in the amounts 
specified in subsection (a).''.
    (c) Public Law 104-201 Authority.--Section 3305(b) of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2855; 50 U.S.C. 98d note) is amended--
            (1) by striking ``(b) Limitation on Disposal Quantity.--'' 
        and inserting ``(b) Limitations on Disposal Authority.--(1)''; 
        and
            (2) by adding at the end the following:
    ``(2) The President may not dispose of materials under this section 
in excess of the disposals necessary to result in receipts in the 
amounts specified in subsection (a).''.

                  TITLE XXXIV--PANAMA CANAL COMMISSION

SEC. 3401. SHORT TITLE.

    This title may be cited as the ``Panama Canal Commission 
Authorization Act for Fiscal Year 2000''.

SEC. 3402. 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 the period 
October 1, 1999, through noon on December 31, 1999.
    (b) Limitations.--For the period described in subsection (a), the 
Panama Canal Commission may expend from funds in the Panama Canal 
Revolving Fund not more than $25,000 for official reception and 
representation expenses, of which--
            (1) not more than $7,000 may be used for official reception 
        and representation expenses of the Supervisory Board of the 
        Commission;
            (2) not more than $3,500 may be used for official reception 
        and representation expenses of the Secretary of the Commission; 
        and
            (3) not more than $14,500 may be used for official 
        reception and representation expenses of the Administrator of 
        the Commission.

SEC. 3403. 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 replacement passenger motor vehicles, the 
purchase price of which shall not exceed $26,000 per vehicle.

SEC. 3404. 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. 3405. OFFICE OF TRANSITION ADMINISTRATION.

    (a) Expenditures From Panama Canal Commission Dissolution Fund.--
The Office of Transition Administration established under subsection 
(b) of section 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a) 
is authorized to obligate and expend funds from the Panama Canal 
Commission Dissolution Fund established under subsection (c) of such 
section for the purposes enumerated in such subsection until the fund 
terminates.
    (b) Administrative Offices.--The Office of Transition 
Administration shall have offices in the Republic of Panama and in 
Washington, District of Columbia. The office in Panama shall be subject 
to the authority of the United States chief of mission in the Republic 
of Panama.
    (c) Oversight of Close-Out Activities.--The Panama Canal Commission 
shall enter into an agreement with the head of a department or agency 
of the Federal Government to supervise the close out of the affairs of 
the Commission under section 1305 of the Panama Canal Act of 1979 and 
to certify the completion of that function.

            Passed the Senate May 27, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                S. 1062

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 2000 for defense activities 
          of the Department of Energy, and for other purposes.

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