[Congressional Record Volume 144, Number 87 (Monday, July 6, 1998)]
[Senate]
[Pages S7441-S7451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    DEPARTMENT OF ENERGY NATIONAL SECURITY ACT FOR FISCAL YEAR 1999

  The Department of Energy National Security Act for Fiscal Year 1999 
(S. 2058), passed by the Senate on June 25, 1998, is as follows:

                                S. 2058

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Energy 
     National Security Act for Fiscal Year 1999''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.

                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.

[[Page S7442]]

Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
              activities.
Sec. 3127. Funds available for all national security programs of the 
              Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

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

                       Subtitle D--Other Matters

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

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

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

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

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

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--PANAMA CANAL COMMISSION

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

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

Sec. 3601. Application of authorities under the International Emergency 
              Economic Powers Act to Chinese military companies.
Sec. 3602. Definition.

                TITLE XXXVII--FORCED OR INDENTURED LABOR

Sec. 3701. Findings.
Sec. 3702. Authorization for additional Customs personnel to monitor 
              the importation of products made with forced or 
              indentured labor.
Sec. 3703. Reporting requirement on forced labor or indentured labor 
              products destined for the United States market.
Sec. 3704. Renegotiating memoranda of understanding on forced labor.
Sec. 3705. Definition of forced labor.

             TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS

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

                     TITLE XXXIX --RADIO FREE ASIA

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

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. WEAPONS ACTIVITIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1999 
     for weapons activities in carrying out programs necessary for 
     national security in the amount of $4,519,700,000, to be 
     allocated as follows:
       (1) Stockpile stewardship.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     1999 for stockpile stewardship in carrying out weapons 
     activities necessary for national security programs in the 
     amount of $2,123,375,000, to be allocated as follows:
       (A) For core stockpile stewardship, $1,556,375,000, to be 
     allocated as follows:
       (i) For operation and maintenance, $1,440,832,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $115,543,000, to be allocated as follows:

       Project 99-D-102, rehabilitation of maintenance facility, 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $6,500,000.
       Project 99-D-103, isotope sciences facilities, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $4,000,000.
       Project 99-D-104, protection of real property (roof 
     replacement-Phase II), Lawrence Livermore National 
     Laboratory, Livermore, California, $7,300,000.
       Project 99-D-105, central health physics calibration 
     facility, TA-36, Los Alamos National Laboratory, Los Alamos, 
     New Mexico, $3,900,000.
       Project 99-D-106, model validation and system certification 
     test center, Sandia National Laboratories, Albuquerque, New 
     Mexico, $1,600,000.
       Project 99-D-107, Joint Computational Engineering 
     Laboratory, Sandia National Laboratories, Albuquerque, New 
     Mexico, $1,800,000.
       Project 99-D-108, renovate existing roadways, Nevada Test 
     Site, Nevada, $2,000,000.

[[Page S7443]]

       Project 97-D-102, dual-axis radiographic hydrotest facility 
     (DARHT), Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $36,000,000.
       Project 96-D-102, stockpile stewardship facilities 
     revitalization, Phase VI, various locations, $20,423,000.
       Project 96-D-103, ATLAS, Los Alamos National Laboratory, 
     Los Alamos, New Mexico, $6,400,000.
       Project 96-D-104, processing and environmental technology 
     laboratory (PETL), Sandia National Laboratories, Albuquerque, 
     New Mexico, $18,920,000.
       Project 96-D-105, contained firing facility (CFF) addition, 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $6,700,000.

       (B) For inertial fusion, $498,000,000, to be allocated as 
     follows:
       (i) For operation and maintenance, $213,800,000.
       (ii) For the following plant project (including 
     maintenance, restoration, planning, construction, 
     acquisition, and modification of facilities, and land 
     acquisition related thereto), $284,200,000, to be allocated 
     as follows:

       Project 96-D-111, national ignition facility (NIF), 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $284,200,000.

       (C) For technology partnerships and education, $69,000,000, 
     to be allocated as follows:
       (i) For technology partnerships, $60,000,000.
       (ii) For education, $9,000,000.
       (2) Stockpile management.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     1999 for stockpile management in carrying out weapons 
     activities necessary for national security programs in the 
     amount of $2,140,825,000, to be allocated as follows:
       (A) For operation and maintenance, $2,040,803,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $100,022,000, to be allocated as follows:
       Project 99-D-122, rapid reactivation, various locations, 
     $11,200,000.
       Project 99-D-123, replace mechanical utility systems, Y-12 
     Plant, Oak Ridge, Tennessee, $1,900,000.
       Project 99-D-125, replace boilers and controls, Kansas City 
     Plant, Kansas City, Missouri, $1,000,000.
       Project 99-D-127, stockpile management restructuring 
     initiative, Kansas City Plant, Kansas City, Missouri, 
     $13,700,000.
       Project 99-D-128, stockpile management restructuring 
     initiative, Pantex Plant, Amarillo, Texas, $1,108,000.
       Project 99-D-132, nuclear materials safeguards and security 
     upgrades project, Los Alamos National Laboratory, Los Alamos, 
     New Mexico, $9,700,000.
       Project 98-D-123, stockpile management restructuring 
     initiative, tritium factory modernization and consolidation, 
     Savannah River Site, Aiken, South Carolina, $27,500,000.
       Project 98-D-124, stockpile management restructuring 
     initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee, 
     $10,700,000.
       Project 97-D-122, nuclear materials storage facility 
     renovation, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $4,864,000.
       Project 97-D-123, structural upgrades, Kansas City Plant, 
     Kansas City, Missouri, $6,400,000.
       Project 96-D-122, sewage treatment quality upgrade (STQU), 
     Pantex Plant, Amarillo, Texas, $3,700,000.
       Project 95-D-102, chemistry and metallurgy research 
     building (CMR) upgrades project, Los Alamos National 
     Laboratory, Los Alamos, New Mexico, $5,000,000.
       Project 93-D-122, life safety upgrades, Y-12 Plant, Oak 
     Ridge, Tennessee, $3,250,000.
       (3) Program direction.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1999 
     for program direction in carrying out weapons activities 
     necessary for national security programs in the amount of 
     $255,500,000.
       (b) Adjustment.--The total amount authorized to be 
     appropriated in paragraphs (1), (2), and (3) of subsection 
     (a) is the sum of the amounts authorized to be appropriated 
     by such paragraphs reduced by the sum of $145,000,000 for use 
     of prior year balances.

     SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1999 
     for environmental restoration and waste management in 
     carrying out programs necessary for national security in the 
     amount of $5,323,143,000, to be allocated as follows:
       (1) Site and project completion.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 1999 for site project and completion in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $1,047,253,000, to be allocated as follows:
       (A) For operation and maintenance, $848,090,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $199,163,000, to be allocated as follows:
       Project 99-D-402, tank farm support services, F&H area, 
     Savannah River Site, Aiken, South Carolina, $2,745,000.
       Project 99-D-404, health physics instrumentation 
     laboratory, Idaho National Engineering and Environmental 
     Laboratory, Idaho Falls, Idaho, $950,000.
       Project 98-D-401, H-tank farm storm water systems upgrade, 
     Savannah River Site, Aiken, South Carolina, $3,120,000.
       Project 98-D-453, plutonium stabilization and handling 
     system for plutonium finishing plant, Richland, Washington, 
     $26,814,000.
       Project 98-D-700, road rehabilitation, Idaho National 
     Engineering and Environmental Laboratory, Idaho Falls, Idaho, 
     $7,710,000.
       Project 97-D-450, actinide packaging and storage facility, 
     Savannah River Site, Aiken, South Carolina, $79,184,000.
       Project 97-D-470, regulatory monitoring and bioassay 
     laboratory, Savannah River Site, Aiken, South Carolina, 
     $7,000,000.
       Project 96-D-406, spent nuclear fuels canister storage and 
     stabilization facility, Richland, Washington, $38,680,000.
       Project 96-D-408, waste management upgrades, Kansas City 
     Plant, Kansas City, Missouri, and Savannah River Site, Aiken, 
     South Carolina, $4,512,000.
       Project 96-D-464, electrical and utility systems upgrade, 
     Idaho Chemical Processing Plant, Idaho National Engineering 
     and Environmental Laboratory, Idaho Falls, Idaho, 
     $11,544,000.
       Project 96-D-471, chlorofluorocarbon heating, ventilation, 
     and air conditioning and chiller retrofit, Savannah River 
     Site, Aiken, South Carolina, $8,000,000.
       Project 95-D-456, security facilities consolidation, Idaho 
     Chemical Processing Plant, Idaho National Engineering and 
     Environmental Laboratory, Idaho Falls, Idaho, $485,000.
       Project 92-D-140, F-canyon and H-canyon exhaust upgrades, 
     Savannah River Site, Aiken, South Carolina, $3,667,000.
       Project 86-D-103, decontamination and waste treatment 
     facility, Lawrence Livermore National Laboratory, Livermore, 
     California, $4,752,000.
       (2) Post 2006 completion.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     1999 for post 2006 project completion in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $2,683,451,000, to be allocated as follows:
       (A) For operation and maintenance, $2,602,195,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $81,256,000, to be allocated as follows:
       Project 99-D-403, privatization phase I infrastructure 
     support, Richland, Washington, $14,800,000.
       Project 97-D-402, tank farm restoration and safe 
     operations, Richland, Washington, $22,723,000.
       Project 96-D-408, waste management upgrades, Richland, 
     Washington, $171,000.
       Project 94-D-407, initial tank retrieval systems, Richland, 
     Washington, $32,860,000.
       Project 93-D-187, high-level waste removal from filled 
     waste tanks, Savannah River Site, Aiken, South Carolina, 
     $10,702,000.
       (3) Closure projects.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1999 
     for closure projects carried out in accordance with section 
     3143 of the National Defense Authorization Act for Fiscal 
     Year 1997 (Public Law 104-201; 110 Stat. 2836; 42 U.S.C. 
     7274n) in the amount of $1,006,240,000.
       (4) Technology development.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     1999 for science and technology in carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs in the amount of $250,000,000.
       (5) Program direction.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1999 
     for program direction in carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs in the amount of $336,199,000.
       (b) Adjustment.--The total amount authorized to be 
     appropriated in paragraphs (1), (2), (3), and (5) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated by such paragraphs reduced by the sum of 
     $21,000,000 for use of prior year balances.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1999 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $1,672,160,000, to be allocated as 
     follows:
       (1) Verification and control technology.--For verification 
     and control technology, $483,500,000, to be allocated as 
     follows:
       (A) For nonproliferation and verification research and 
     development, $210,000,000.
       (B) For arms control, $236,900,000.
       (C) For intelligence, $36,600,000.
       (2) Nuclear safeguards and security.--For nuclear 
     safeguards and security, $53,200,000.
       (3) Security investigations.--For security investigations, 
     $30,000,000.
       (4) Emergency management.--For emergency management, 
     $23,700,000.
       (5) Program direction.--For program direction, 
     nonproliferation and national security, $84,900,000.

[[Page S7444]]

       (6) Worker and community transition assistance.--For worker 
     and community transition assistance, $40,000,000, to be 
     allocated as follows:
       (A) For worker and community transition, $36,000,000.
       (B) For program direction, worker and community transition 
     assistance, $4,000,000.
       (7) Fissile materials control and disposition.--For fissile 
     materials control and disposition, $168,960,000, to be 
     allocated as follows:
       (A) For operation and maintenance, $111,372,000.
       (B) For program direction, fissile materials control and 
     disposition, $4,588,000.
       (C) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and land acquisition related thereto), 
     $53,000,000, to be allocated as follows:
       Project 99-D-141, pit disassembly and conversion facility, 
     location to be determined, $25,000,000.
       Project 99-D-143, mixed oxide fuel fabrication facility, 
     location to be determined, $28,000,000.
       (8) Environment, safety, and health.--For environment, 
     safety, and health, defense, $69,000,000, to be allocated as 
     follows:
       (A) For the Office of Environment, Safety, and Health 
     (Defense), $64,231,000.
       (B) For program direction, environment, safety, and health 
     (defense), $4,769,000.
       (9) Office of hearings and appeals.--For the Office of 
     Hearings and Appeals, $2,400,000.
       (10) International nuclear safety.--For international 
     nuclear safety, $35,000,000.
       (11) Naval reactors.--For naval reactors, $681,500,000, to 
     be allocated as follows:
       (A) For naval reactors development, $661,400,000, to be 
     allocated as follows:
       (i) For operation and maintenance, $639,600,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $12,800,000, to be allocated as follows:

       Project 98-D-200, site laboratory/facility upgrade, various 
     locations, $7,000,000.
       Project 90-N-102, expended core facility dry cell project, 
     Naval Reactors facility, Idaho Falls, Idaho, $5,800,000.

       (iii) For general plant projects, $9,000,000, to be 
     allocated as follows:

       Project GPN-101, general plant projects, various locations, 
     $9,000,000.

       (B) For program direction, naval reactors, $20,100,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1999 for payment to the 
     Nuclear Waste Fund established in section 302(c) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the 
     amount of $190,000,000.

     SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

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

                Subtitle B--Recurring General Provisions

     SEC. 3121. REPROGRAMMING.

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

     SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

     SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

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

     SEC. 3124. FUND TRANSFER AUTHORITY.

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

     SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

       (a) Requirement for Conceptual Design.--(1) Subject to 
     paragraph (2) and except as provided in paragraph (3), before 
     submitting to Congress a request for funds for a construction 
     project that is in support of a national security program of 
     the Department of Energy, the Secretary of Energy shall 
     complete a conceptual design for that project.
       (2) If the estimated cost of completing a conceptual design 
     for a construction project exceeds $3,000,000, the Secretary 
     shall submit to Congress a request for funds for the 
     conceptual design before submitting a request for funds for 
     the construction project.
       (3) The requirement in paragraph (1) does not apply to a 
     request for funds--
       (A) for a construction project the total estimated cost of 
     which is less than $5,000,000; or
       (B) for emergency planning, design, and construction 
     activities under section 3126.

[[Page S7445]]

       (b) Authority for Construction Design.--(1) Within the 
     amounts authorized by this title, the Secretary of Energy may 
     carry out construction design (including architectural and 
     engineering services) in connection with any proposed 
     construction project if the total estimated cost for such 
     design does not exceed $600,000.
       (2) If the total estimated cost for construction design in 
     connection with any construction project exceeds $600,000, 
     funds for such design must be specifically authorized by law.

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

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

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

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

     SEC. 3128. AVAILABILITY OF FUNDS.

       (a) In General.--Except as provided in subsection (b), when 
     so specified in an appropriations Act, amounts appropriated 
     for operation and maintenance or for plant projects may 
     remain available until expended.
       (b) Exception for Program Direction Funds.--Amounts 
     appropriated for program direction pursuant to an 
     authorization of appropriations in subtitle A shall remain 
     available to be expended only until the end of fiscal year 
     2001.

     SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT 
                   FUNDS.

       (a) Transfer Authority for Defense Environmental Management 
     Funds.--The Secretary of Energy shall provide the manager of 
     each field office of the Department of Energy with the 
     authority to transfer defense environmental management funds 
     from a program or project under the jurisdiction of the 
     office to another such program or project.
       (b) Limitations.--(1) Only one transfer may be made to or 
     from any program or project under subsection (a) in a fiscal 
     year.
       (2) The amount transferred to or from a program or project 
     under subsection (a) may not exceed $5,000,000 in a fiscal 
     year.
       (3) A transfer may not be carried out by a manager of a 
     field office under subsection (a) unless the manager 
     determines that the transfer is necessary to address a risk 
     to health, safety, or the environment or to assure the most 
     efficient use of defense environmental management funds at 
     the field office.
       (4) Funds transferred pursuant to subsection (a) may not be 
     used for an item for which Congress has specifically denied 
     funds or for a new program or project that has not been 
     authorized by Congress.
       (c) Exemption From Reprogramming Requirements.--The 
     requirements of section 3121 shall not apply to transfers of 
     funds pursuant to subsection (a).
       (d) Notification.--The Secretary, acting through the 
     Assistant Secretary of Energy for Environmental Management, 
     shall notify Congress of any transfer of funds pursuant to 
     subsection (a) not later than 30 days after such transfer 
     occurs.
       (e) Definitions.--In this section:
       (1) The term ``program or project'' means, with respect to 
     a field office of the Department of Energy, any of the 
     following:
       (A) An activity carried out pursuant to paragraph (1), (2), 
     or (3) of section 3102(a).
       (B) A project or program not described in subparagraph (A) 
     that is for environmental restoration or waste management 
     activities necessary for national security programs of the 
     Department, that is being carried out by the office, and for 
     which defense environmental management funds have been 
     authorized and appropriated before the date of enactment of 
     this Act.
       (2) The term ``defense environmental management funds'' 
     means funds appropriated to the Department of Energy pursuant 
     to an authorization for carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs.
       (f) Duration of Authority.--The managers of the field 
     offices of the Department may exercise the authority provided 
     under subsection (a) during the period beginning on October 
     1, 1998, and ending on September 30, 1999.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

     SEC. 3131. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

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

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

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

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

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

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

       The Secretary of Energy shall continue operations and 
     maintain a high state of readiness at the F-canyon and H-
     canyon facilities at the Savannah River site and shall 
     provide technical staff necessary to operate and so maintain 
     such facilities.

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

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

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

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

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

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

     SEC. 3138. HANFORD HEALTH INFORMATION NETWORK.

       Of the funds authorized to be appropriated or otherwise 
     made available to the Department of Energy by section 3102, 
     $2,500,000

[[Page S7446]]

     shall be available for activities relating to the Hanford 
     Health Information Network established pursuant to the 
     authority in section 3138 of the National Defense 
     Authorization Act for Fiscal Year 1991 (Public Law 101-510; 
     104 Stat. 1834), as amended by section 3138(b) of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 3087).

     SEC. 3139. NONPROLIFERATION ACTIVITIES.

       (a) Initiatives for Proliferation Prevention Program.--Of 
     the amount authorized to be appropriated by section 
     3103(1)(B), $30,000,000 may be available for the Initiatives 
     for Proliferation Prevention program.
       (b) Nuclear Cities Initiative.--Of the amount authorized to 
     be appropriated by section 3103(1)(B), $30,000,000 may be 
     available for the purpose of implementing the initiative 
     arising pursuant to the March 1998 discussions between the 
     Vice President of the United States and the Prime Minister of 
     the Russian Federation and between the Secretary of Energy of 
     the United States and the Minister of Atomic Energy of the 
     Russian Federation (the so-called ``nuclear cities'' 
     initiative).

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

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

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

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

                       Subtitle D--Other Matters

     SEC. 3141. REPEAL OF FISCAL YEAR 1998 STATEMENT OF POLICY ON 
                   STOCKPILE STEWARDSHIP PROGRAM.

       Section 3156 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2045; 42 
     U.S.C. 2121 note) is repealed.

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

       Section 3161(a)(2) of the National Defense Authorization 
     Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by 
     striking out ``level IV of the Executive Schedule under 
     section 5315'' and inserting in lieu thereof ``level III of 
     the Executive Schedule under section 5314''.

     SEC. 3143. SENSE OF SENATE REGARDING TREATMENT OF FORMERLY 
                   UTILIZED SITES REMEDIAL ACTION PROGRAM UNDER A 
                   NONDEFENSE DISCRETIONARY BUDGET FUNCTION.

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

     SEC. 3144. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
                   SCIENTIFIC, ENGINEERING, AND TECHNICAL 
                   PERSONNEL.

       Section 3161(c)(1) of the National Defense Authorization 
     Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by 
     striking out ``September 30, 1999'' and inserting in lieu 
     thereof ``September 30, 2000''.

     SEC. 3145. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO 
                   PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

       (a) Extension.--Notwithstanding subsection (c)(2)(D) of 
     section 663 of the Treasury, Postal Service, and General 
     Government Appropriations Act, 1997 (Public Law 104-208; 110 
     Stat. 3009-383; 5 U.S.C. 5597 note), the Department of Energy 
     may pay voluntary separation incentive payments to qualifying 
     employees who voluntarily separate (whether by retirement or 
     resignation) before January 1, 2001.
       (b) Exercise of Authority.--The Department shall pay 
     voluntary separation incentive payments under subsection (a) 
     in accordance with the provisions of such section 663.

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

       Section 3155 of the National Defense Authorization Act for 
     Fiscal Year 1996 (P.L. 104-106) is amended by inserting the 
     following:
       ``(c) Agencies, including the National Archives and Records 
     Administration, shall conduct a visual inspection of all 
     permanent records of historical value which are 25 years old 
     or older prior to declassification to ascertain that they 
     contain no pages with Restricted Data (RD) or Formerly 
     Restricted

[[Page S7447]]

     Data (FRD) markings (as defined by the Atomic Energy Act of 
     1954, as amended). Record collection in which marked RD or 
     FRD is found shall be set aside pending the completion of a 
     review by the Department of Energy.''.

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

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

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

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

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

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

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

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

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

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

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

     SEC. 3162. DEFINITION.

       Section 8331 of title 5, United States Code, is amended by 
     adding the following new paragraph (27) after paragraph (26):
       ``(27) Department of Energy nuclear materials courier means 
     an employee of the Department of Energy or its predecessor 
     agencies, the duties of whose position are primarily to 
     transport, and provide armed escort and protection during 
     transit of, nuclear weapons, nuclear weapon components, 
     strategic quantities of special nuclear materials or other 
     materials related to national security, including an employee 
     who remains fully certified to engage in this activity who is 
     transferred to a supervisory, training, or administrative 
     position.''.

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

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

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

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

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

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

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

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

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

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

       Section 8415(g) of title 5, United States Code, is amended 
     by striking ``firefighter''

[[Page S7448]]

     and inserting in its place ``firefighter, Department of 
     Energy nuclear materials courier,''.

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

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

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

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

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

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

     SEC. 3171. PAYMENTS.

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

     SEC. 3172. EFFECTIVE DATE.

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

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     1999, $17,500,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

     SEC. 3301.  DEFINITIONS.

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

     SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     1999, the National Defense Stockpile Manager may obligate up 
     to $83,000,000 of the funds in the National Defense Stockpile 
     Transaction Fund for the authorized uses of such funds under 
     section 9(b)(2) of the Strategic and Critical Materials Stock 
     Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date Congress receives the 
     notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

     SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN 
                   NATIONAL DEFENSE STOCKPILE.

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


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

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

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

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

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amount.--There is hereby authorized to be appropriated 
     to the Secretary of Energy $117,000,000 for fiscal year 1999 
     for the purposes of carrying out--
       (1) activities under chapter 641 of title 10, United States 
     Code, relating to the naval petroleum reserves (as defined in 
     section 7420(2) of such title); and
       (2) activities necessary to terminate the administration of 
     Naval Petroleum Reserve Numbered 1 by the Secretary after the 
     sale of that reserve under subtitle B of title

[[Page S7449]]

     XXXIV of the National Defense Authorization Act for Fiscal 
     Year 1996 (Public Law 104-106; 10 U.S.C. 7420 note).
       (b) Availability.--Funds appropriated pursuant to the 
     authorization in subsection (a) shall remain available until 
     expended.

                  TITLE XXXV--PANAMA CANAL COMMISSION

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

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

     SEC. 3502. AUTHORIZATION OF EXPENDITURES.

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

     SEC. 3503. PURCHASE OF VEHICLES.

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

     SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.

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

     SEC. 3505. DONATIONS TO THE COMMISSION.

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

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

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

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

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

     SEC. 3508. CENTRAL EXAMINING OFFICE.

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

     SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.

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

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

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

     SEC. 3511. PANAMA CANAL BOARD OF CONTRACT APPEALS.

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

     SEC. 3512. TECHNICAL AMENDMENTS.

       (a) Panama Canal Act of 1979.--The Panama Canal Act of 1979 
     is amended as follows:
       (1) Section 1202(c) (22 U.S.C. 3642(c)) is amended--

[[Page S7450]]

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

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

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

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

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

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

     SEC. 3602. DEFINITION.

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

                TITLE XXXVII--FORCED OR INDENTURED LABOR

     SEC. 3701. FINDINGS.

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

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

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

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

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

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

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

     SEC. 3705. DEFINITION OF FORCED LABOR.

       (a) Definition.--In this Act, the term ``forced labor'' 
     means convict labor, forced labor, or indentured labor, as 
     such terms are used in section 307 of the Tariff Act of 1930. 
     The term includes forced or indentured child labor--
       (1) that is exacted from any person under 15 years of age, 
     either in payment for the debts of a parent, relative, or 
     guardian, or drawn under false pretexts; and
       (2) with respect to which such person is confined against 
     the person's will.
       (b) Amendment to Tariff Act of 1930.--Section 307 of the 
     Tariff Act of 1930 (19 U.S.C. 1307) is amended by adding at 
     the end the following new paragraph:

[[Page S7451]]

       ``For purposes of this section, forced or indentured labor 
     includes forced or indentured child labor.''.

             TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS

     SEC. 3801. SHORT TITLE.

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

     SEC. 3802. DEFINITIONS.

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

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

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

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

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

     SEC. 3805. EXPIRATION DATE.

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

                     TITLE XXXIX --RADIO FREE ASIA

     SEC. 3901. SHORT TITLE.

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

     SEC. 3902. FINDINGS.

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

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

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

     SEC. 3904. REPORTING REQUIREMENT.

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

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