[Congressional Record (Bound Edition), Volume 145 (1999), Part 8]
[Senate]
[Pages 11798-11808]
[From the U.S. Government Publishing Office, www.gpo.gov]



    DEPARTMENT OF ENERGY NATIONAL SECURITY ACT FOR FISCAL YEAR 2000

  On May 27, 1999, the bill, S. 1062, was passed by the Senate. The 
text of the bill is as follows:

                                S. 1062

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Energy 
     National Security Act for Fiscal Year 2000''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

                Subtitle B--Recurring General Provisions

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

   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Prohibition on use of funds for certain activities under 
              Formerly Utilized Site Remedial Action Program.
Sec. 3132. Continuation of processing, treatment, and disposition of 
              legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Tritium production.
Sec. 3135. Independent cost estimate of Accelerator Production of 
              Tritium.
Sec. 3136. Nonproliferation initiatives and activities.

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

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

                       Subtitle E--Other Matters

Sec. 3171. Maintenance of nuclear weapons expertise in the Department 
              of Defense and Department of Energy.
Sec. 3172. Modification of budget and planning requirements for 
              Department of Energy national security activities.
Sec. 3173. Extension of authority of Department of Energy to pay 
              voluntary separation incentive payments.
Sec. 3174. Integrated fissile materials management plan.
Sec. 3175. Use of amounts for award fees for Department of Energy 
              closure projects for additional cleanup projects at 
              closure project sites.
Sec. 3176. Pilot program for project management oversight regarding 
              Department of Energy construction projects.
Sec. 3177. Extension of review of Waste Isolation Pilot Plant, New 
              Mexico.

[[Page 11799]]

Sec. 3178. Proposed schedule for shipments of waste from the Rocky 
              Flats Plant, Colorado, to the Waste Isolation Pilot 
              Plant, New Mexico.
Sec. 3179. Comptroller General report on closure of Rocky Flats 
              Environmental Technology Site, Colorado.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Limitations on previous authority for disposal of stockpile 
              materials.

                  TITLE XXXIV--PANAMA CANAL COMMISSION

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

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

       For purposes of this Act, the term ``congressional defense 
     committees'' means--
       (1) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
         Subtitle A--National Security Programs Authorizations

     SEC. 3101. WEAPONS ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2000 for weapons 
     activities in carrying out programs necessary for national 
     security in the amount of $4,530,000,000, to be allocated as 
     follows:
       (1) Stockpile stewardship.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     2000 for stockpile stewardship in carrying out weapons 
     activities necessary for national security programs in the 
     amount of $2,248,700,000, to be allocated as follows:
       (A) For core stockpile stewardship, $1,748,500,000, to be 
     allocated as follows:
       (i) For operation and maintenance, $1,615,355,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $133,145,000, to be allocated as follows:

       Project 00-D-103, terascale simulation facility, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $8,000,000.
       Project 00-D-105, strategic computing complex, Los Alamos 
     National Laboratory, Los Alamos, New Mexico, $26,000,000.
       Project 00-D-107, joint computational engineering 
     laboratory, Sandia National Laboratories, Albuquerque, New 
     Mexico, $1,800,000.
       Project 99-D-102, rehabilitation of maintenance facility, 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $3,900,000.
       Project 99-D-103, isotope sciences facilities, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $2,000,000.
       Project 99-D-104, protection of real property (roof 
     reconstruction, Phase II), Lawrence Livermore National 
     Laboratory, Livermore, California, $2,400,000.
       Project 99-D-105, central health physics calibration 
     facility, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $1,000,000.
       Project 99-D-106, model validation and system certification 
     test center, Sandia National Laboratories, Albuquerque, New 
     Mexico, $6,500,000.
       Project 99-D-108, renovate existing roadways, Nevada Test 
     Site, Nevada, $7,005,000.
       Project 97-D-102, dual-axis radiographic hydrotest 
     facility, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $61,000,000.
       Project 96-D-102, stockpile stewardship facilities 
     revitalization, Phase VI, various locations, $2,640,000.
       Project 96-D-104, processing and environmental technology 
     laboratory, Sandia National Laboratories, Albuquerque, New 
     Mexico, $10,900,000.

       (B) For inertial fusion, $465,700,000, to be allocated as 
     follows:
       (i) For operation and maintenance, $217,600,000.
       (ii) For the following plant project (including 
     maintenance, restoration, planning, construction, 
     acquisition, and modification of facilities, and land 
     acquisition related thereto), $248,100,000, to be allocated 
     as follows:

       Project 96-D-111, national ignition facility, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $248,100,000.

       (C) For technology partnership and education, $34,500,000, 
     to be allocated as follows:
       (i) For technology partnership, $15,200,000.
       (ii) For education, $19,300,000.
       (2) Stockpile management.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     2000 for stockpile management in carrying out weapons 
     activities necessary for national security programs in the 
     amount of $2,039,300,000, to be allocated as follows:
       (A) For operation and maintenance, $1,880,621,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $158,679,000, to be allocated as follows:
       Project 99-D-122, rapid reactivation, various locations, 
     $11,700,000.
       Project 99-D-127, stockpile management restructuring 
     initiative, Kansas City Plant, Kansas City, Missouri, 
     $17,000,000.
       Project 99-D-128, stockpile management restructuring 
     initiative, Pantex Plant consolidation, Amarillo, Texas, 
     $3,429,000.
       Project 99-D-132, stockpile management restructuring 
     initiative, nuclear material safeguards and security upgrades 
     project, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $11,300,000.
       Project 98-D-123, stockpile management restructuring 
     initiative, tritium facility modernization and consolidation, 
     Savannah River Site, Aiken, South Carolina, $21,800,000.
       Project 98-D-124, stockpile management restructuring 
     initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee, 
     $3,150,000.
       Project 98-D-125, tritium extraction facility, Savannah 
     River Site, Aiken, South Carolina, $33,000,000.
       Project 98-D-126, accelerator production of tritium, 
     various locations, $31,000,000.
       Project 97-D-123, structural upgrades, Kansas City Plant, 
     Kansas City, Missouri, $4,800,000.
       Project 95-D-102, chemistry and metallurgy research 
     building upgrades, Los Alamos National Laboratory, Los 
     Alamos, New Mexico, $18,000,000.
       Project 88-D-123, security enhancements, Pantex Plant, 
     Amarillo, Texas, $3,500,000.
       (3) Program direction.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 2000 
     for program direction in carrying out weapons activities 
     necessary for national security programs in the amount of 
     $242,000,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 
                   MANAGEMENT.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2000 for environmental 
     restoration and waste management in carrying out programs 
     necessary for national security in the amount of 
     $5,532,868,000, to be allocated as follows:
       (1) Closure projects.--For closure projects carried out in 
     accordance with section 3143 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2836; 42 U.S.C. 7274n) in the amount of 
     $1,069,492,000.
       (2) Site project and completion.--For site project and 
     completion in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $980,919,000, to be allocated as 
     follows:
       (A) For operation and maintenance, $880,629,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $100,290,000, to be allocated as follows:
       Project 00-D-__, Transuranic waste treatment, Oak Ridge, 
     Tennessee, $12,000,000.
       Project 00-D-400, Site Operations Center, Idaho National 
     Engineering and Environmental Laboratory, Idaho Falls, Idaho, 
     $1,306,000.
       Project 99-D-402, tank farm support services, F&H areas, 
     Savannah River Site, Aiken, South Carolina, $3,100,000.
       Project 99-D-404, health physics instrumentation 
     laboratory, Idaho National Engineering and Environmental 
     Laboratory, Idaho, $7,200,000.
       Project 98-D-401, H-tank farm storm water systems upgrade, 
     Savannah River Site, Aiken, South Carolina, $2,977,000.
       Project 98-D-453, plutonium stabilization and handling 
     system for plutonium finishing plant, Richland, Washington, 
     $16,860,000.
       Project 98-D-700, road rehabilitation, Idaho National 
     Engineering and Environmental Laboratory, Idaho, $2,590,000.
       Project 97-D-450, Actinide packaging and storage facility, 
     Savannah River Site, Aiken, South Carolina, $4,000,000.
       Project 97-D-470, regulatory monitoring and bioassay 
     laboratory, Savannah River Site, Aiken, South Carolina, 
     $12,220,000.
       Project 96-D-406, spent nuclear fuels canister storage and 
     stabilization facility, Richland, Washington, $24,441,000.
       Project 96-D-464, electrical and utility systems upgrade, 
     Idaho National Engineering and Environmental Laboratory, 
     Idaho, $11,971,000.
       Project 96-D-471, chlorofluorocarbon heating, ventilation, 
     and air conditioning and chiller retrofit, Savannah River 
     Site, Aiken, South Carolina, $931,000.
       Project 86-D-103, decontamination and waste treatment 
     facility, Lawrence Livermore National Laboratory, Livermore, 
     California, $2,000,0000.

[[Page 11800]]

       (3) Post-2006 completion.--For post-2006 project completion 
     in carrying out environmental restoration and waste 
     management activities necessary for national security 
     programs in the amount of $2,902,548,000, to be allocated as 
     follows:
       (A) For operation and maintenance, $2,847,997,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $54,551,000, to be allocated as follows:
       Project 00-D-401, spent nuclear fuel treatment and storage 
     facility, title I and II, Savannah River Site, Aiken, South 
     Carolina, $7,000,000.
       Project 99-D-403, privatization phase I infrastructure 
     support, Richland, Washington, $13,988,000.
       Project 97-D-402, tank farm restoration and safe 
     operations, Richland, Washington, $20,516,000.
       Project 94-D-407, initial tank retrieval systems, Richland, 
     Washington, $4,060,000.
       Project 93-D-187, high-level waste removal from filled 
     waste tanks, Savannah River Site, Aiken, South Carolina, 
     $8,987,000.
       (4) Science and technology.--For science and technology in 
     carrying out environmental restoration and waste management 
     activities necessary for national security programs in the 
     amount of $235,500,000.
       (5) Program direction.--For program direction in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $344,409,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 2000 
     for other defense activities in carrying out programs 
     necessary for national security in the amount of 
     $1,821,000,000, to be allocated as follows:
       (1) Nonproliferation and national security.--For 
     nonproliferation and national security, $744,300,000, to be 
     allocated as follows:
       (A) For verification and control technology, $497,000,000, 
     to be allocated as follows:
       (i) For nonproliferation and verification research and 
     development, $215,000,000.
       (ii) For arms control, $276,000,000.
       (iii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $6,000,000, to be allocated as follows:

       Project 00-D-192, Nonproliferation and International 
     Security Centers (NISC), Los Alamos National Laboratory, New 
     Mexico, $6,000,000.

       (B) For nuclear safeguards and security, $59,100,000.
       (C) For security investigations, $47,000,000.
       (D) For emergency management, $21,000,000.
       (E) For program direction, $90,450,000.
       (F) For HEV Transparency implementation, $15,750,000.
       (G) For international nuclear safety, $34,000,000.
       (2) Intelligence.--For intelligence, $36,059,000.
       (3) Counterintelligence.--For counterintelligence, 
     $66,200,000.
       (4) Worker and community transition assistance.--For worker 
     and community transition assistance, $30,000,000, to be 
     allocated as follows:
       (A) For worker and community transition, $26,500,000.
       (B) For program direction, $3,500,000.
       (5) Fissile materials control and disposition.--For fissile 
     materials control and disposition, $200,000,000, to be 
     allocated as follows:
       (A) For operation and maintenance, $129,766,000.
       (B) For program direction, $7,343,000.
       (C) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $62,891,000, to be allocated as follows:
       Project 00-D-142, Immobilization and associated processing 
     facility, various locations, $21,765,000.
       Project 99-D-141, pit disassembly and conversion facility, 
     various locations, $28,751,000.
       Project 99-D-143, mixed oxide fuel fabrication facility, 
     various locations, $12,375,000.
       (6) Environment, safety, and health.--For environment, 
     safety, and health, defense, $79,000,000, to be allocated as 
     follows:
       (A) For the Office of Environment, Safety, and Health 
     (Defense), $54,231,000.
       (B) For program direction, $24,769,000.
       (7) Office of hearings and appeals.--For the Office of 
     Hearings and Appeals, $3,000,000.
       (8) Naval reactors.--For naval reactors, $675,000,000, to 
     be allocated as follows:
       (A) For naval reactors development, $654,400,000, to be 
     allocated as follows:
       (i) For operation and maintenance, $630,400,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $24,000,000, to be allocated as follows:

       GPN-101, general plant projects, various locations, 
     $9,000,000.
       Project 98-D-200, site laboratory/facility upgrade, various 
     locations, $3,000,000.
       Project 90-N-102, expended core facility dry cell project, 
     Naval Reactors Facility, Idaho, $12,000,000.

       (B) For program direction, $20,600,000.
       (b) Adjustment.--(1) The total amount authorized to be 
     appropriated pursuant to this section is the sum of the 
     amounts authorized to be appropriated in paragraphs (1) 
     through (7) of subsection (a) reduced by $12,559,000.
       (2) The amount authorized to be appropriated pursuant to 
     subsection (a)(1)(C) is reduced by $20,000,000 to reflect an 
     offset provided by user organizations for security 
     investigations.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

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

     SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

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

     SEC. 3121. REPROGRAMMING.

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

     SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

     SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

       (a) In General.--(1) Except as provided in paragraph (2), 
     construction on a construction project may not be started or 
     additional obligations incurred in connection with the 
     project above the total estimated cost, whenever the current 
     estimated cost of the construction project, which is 
     authorized by section 3101, 3102, or 3103, or which is in 
     support of national security programs of the Department of 
     Energy and was authorized by any previous Act, exceeds by 
     more than 25 percent the higher of--

[[Page 11801]]

       (A) the amount authorized for the project; or
       (B) the amount of the total estimated cost for the project 
     as shown in the most recent budget justification data 
     submitted to Congress.
       (2) An action described in paragraph (1) may be taken if--
       (A) the Secretary of Energy has submitted to the 
     congressional defense committees a report on the actions and 
     the circumstances making such action necessary; and
       (B) a period of 30 days has elapsed after the date on which 
     the report is received by the committees.
       (3) In the computation of the 30-day period under paragraph 
     (2), there shall be excluded any day on which either House of 
     Congress is not in session because of an adjournment of more 
     than 3 days to a day certain.
       (b) Exception.--Subsection (a) shall not apply to any 
     construction project which has a current estimated cost of 
     less than $5,000,000.

     SEC. 3124. FUND TRANSFER AUTHORITY.

       (a) Transfer to Other Federal Agencies.--The Secretary of 
     Energy may transfer funds authorized to be appropriated to 
     the Department of Energy pursuant to this title to other 
     Federal agencies for the performance of work for which the 
     funds were authorized. Funds so transferred may be merged 
     with and be available for the same purposes and for the same 
     period as the authorizations of the Federal agency to which 
     the amounts are transferred.
       (b) Transfer Within Department of Energy.--(1) Subject to 
     paragraph (2), the Secretary of Energy may transfer funds 
     authorized to be appropriated to the Department of Energy 
     pursuant to this title between any such authorizations. 
     Amounts of authorizations so transferred may be merged with 
     and be available for the same purposes and for the same 
     period as the authorization to which the amounts are 
     transferred.
       (2) Not more than 5 percent of any such authorization may 
     be transferred between authorizations under paragraph (1). No 
     such authorization may be increased or decreased by more than 
     five percent by a transfer under such paragraph.
       (c) Limitation.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide funds for items relating to 
     activities necessary for national security programs that have 
     a higher priority than the items from which the funds are 
     transferred; and
       (2) may not be used to provide funds for an item for which 
     Congress has specifically denied funds.
       (d) Notice to Congress.--The Secretary of Energy shall 
     promptly notify the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives of any transfer of funds to or from 
     authorizations under this title.

     SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

       (a) Requirement for Conceptual Design.--(1) Subject to 
     paragraph (2) and except as provided in paragraph (3), before 
     submitting to Congress a request for funds for a construction 
     project that is in support of a national security program of 
     the Department of Energy, the Secretary of Energy shall 
     complete a conceptual design for that project.
       (2) If the estimated cost of completing a conceptual design 
     for a construction project exceeds $3,000,000, the Secretary 
     shall submit to Congress a request for funds for the 
     conceptual design before submitting a request for funds for 
     the construction project.
       (3) The requirement in paragraph (1) does not apply to a 
     request for funds--
       (A) for a construction project the total estimated cost of 
     which is less than $5,000,000; or
       (B) for emergency planning, design, and construction 
     activities under section 3126.
       (b) Authority for Construction Design.--(1) Within the 
     amounts authorized by this title, the Secretary of Energy may 
     carry out construction design (including architectural and 
     engineering services) in connection with any proposed 
     construction project if the total estimated cost for such 
     design does not exceed $600,000.
       (2) If the total estimated cost for construction design in 
     connection with any construction project exceeds $600,000, 
     funds for such design must be specifically authorized by law.

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

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

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

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

     SEC. 3128. AVAILABILITY OF FUNDS.

       (a) In General.--Except as provided in subsection (b), when 
     so specified in an appropriations Act, amounts appropriated 
     for operation and maintenance or for plant projects may 
     remain available until expended.
       (b) Exception for Program Direction Funds.--Amounts 
     appropriated for program direction pursuant to an 
     authorization of appropriations in subtitle A shall remain 
     available to be expended only until the end of fiscal year 
     2002.

     SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT 
                   FUNDS.

       (a) Transfer Authority for Defense Environmental Management 
     Funds.--The Secretary of Energy shall provide the manager of 
     each field office of the Department of Energy with the 
     authority to transfer defense environmental management funds 
     from a program or project under the jurisdiction of the 
     office to another such program or project.
       (b) Limitations.--(1) Only one transfer may be made to or 
     from any program or project under subsection (a) in a fiscal 
     year.
       (2) The amount transferred to or from a program or project 
     under subsection (a) may not exceed $5,000,000 in a fiscal 
     year.
       (3) A transfer may not be carried out by a manager of a 
     field office under subsection (a) unless the manager 
     determines that the transfer is necessary to address a risk 
     to health, safety, or the environment or to assure the most 
     efficient use of defense environmental management funds at 
     the field office.
       (4) Funds transferred pursuant to subsection (a) may not be 
     used for an item for which Congress has specifically denied 
     funds or for a new program or project that has not been 
     authorized by Congress.
       (c) Exemption From Reprogramming Requirements.--The 
     requirements of section 3121 shall not apply to transfers of 
     funds pursuant to subsection (a).
       (d) Notification.--The Secretary, acting through the 
     Assistant Secretary of Energy for Environmental Management, 
     shall notify Congress of any transfer of funds pursuant to 
     subsection (a) not later than 30 days after such transfer 
     occurs.
       (e) Definitions.--In this section:
       (1) The term ``program or project'' means, with respect to 
     a field office of the Department of Energy, any of the 
     following:
       (A) A program referred to or a project listed in paragraph 
     (2) or (3) of section 3102.
       (B) A program or project not described in subparagraph (A) 
     that is for environmental restoration or waste management 
     activities necessary for national security programs of the 
     Department, that is being carried out by the office, and for 
     which defense environmental management funds have been 
     authorized and appropriated before the date of the enactment 
     of this Act.
       (2) The term ``defense environmental management funds'' 
     means funds appropriated to the Department of Energy pursuant 
     to an authorization for carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs.
       (f) Duration of Authority.--The managers of the field 
     offices of the Department may exercise the authority provided 
     under subsection (a) during the period beginning on October 
     1, 1999, and ending on September 30, 2000.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

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

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

     SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSITION OF LEGACY NUCLEAR MATERIALS.

       The Secretary of Energy shall continue operations and 
     maintain a high state of readiness at the F-canyon and H-
     canyon facilities at the Savannah River Site, Aiken, South 
     Carolina, and shall provide the technical

[[Page 11802]]

     staff necessary to operate and so maintain such facilities.

     SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.

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

     SEC. 3134. TRITIUM PRODUCTION.

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

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

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

     SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.

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

[[Page 11803]]

       (c) Report.--(1) Not later than January 1, 2000, the 
     Secretary of Energy shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives a report 
     on the Initiative for Proliferation Prevention program (IPP) 
     and the Nuclear Cities Initiative.
       (2) The report shall include the following:
       (A) A strategic plan for the Initiative for Proliferation 
     Prevention program and for the Nuclear Cities Initiative, 
     which shall establish objectives for the program or 
     initiative, as the case may be, and means for measuring the 
     achievement of such objectives.
       (B) A list of the most successful projects under the 
     Initiative for Proliferation Prevention program, including 
     for each such project the name of the institute and 
     scientists who are participating or have participated in the 
     project, the number of jobs created through the project, and 
     the manner in which the project has met the nonproliferation 
     objectives of the United States.
       (C) A list of the institutes and scientists associated with 
     weapons of mass destruction programs or other defense-related 
     programs in the states of the former Soviet Union that the 
     Department seeks to engage in commercial work under the 
     Initiative for Proliferation Prevention program or the 
     Nuclear Cities Initiative, including--
       (i) a description of the work performed by such institutes 
     and scientists under such weapons of mass destruction 
     programs or other defense-related programs; and
       (ii) a description of any work proposed to be performed by 
     such institutes and scientists under the Initiative for 
     Proliferation Prevention program or the Nuclear Cities 
     Initiative.
       (d) Nuclear Cities Initiative Defined.--For purposes of 
     this section, the term ``Nuclear Cities Initiative'' means 
     the initiative arising pursuant to the March 1998 discussions 
     between the Vice President of the United States and the Prime 
     Minister of the Russian Federation and between the Secretary 
     of Energy of the United States and the Minister of Atomic 
     Energy of the Russian Federation.
Subtitle D--Safeguards, Security, and Counterintelligence at Department 
                          of Energy Facilities

     SEC. 3151. SHORT TITLE.

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

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

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

[[Page 11804]]

     appropriate for the matters considered by the Commission in 
     the discharge of its duties under this section.
       (f) Applicability of FACA.--The provisions of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     activities of the Commission.
       (g) Funding.--(1) From amounts authorized to be 
     appropriated by sections 3101 and 3103, the Secretary of 
     Energy shall make available to the Commission not more than 
     $1,000,000 for the activities of the Commission under this 
     section.
       (2) Amounts made available to the Commission under this 
     subsection shall remain available until expended.
       (h) Termination of Department of Energy Security Management 
     Board.--(1) Section 3161 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2048; 42 U.S.C. 7251 note) is repealed.
       (2) Section 3162 of the National Defense Authorization Act 
     for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42 
     U.S.C. 7274 note) is amended--
       (A) by striking ``(a) In General.--''; and
       (B) by striking subsection (b).

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

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

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

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

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

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

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

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

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

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

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

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

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


                    ``office of counterintelligence

       ``Sec. 213. (a) There is within the Department an Office of 
     Counterintelligence.
       ``(b)(1) The head of the Office shall be the Director of 
     the Office of Counterintelligence.

[[Page 11805]]

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


                        ``office of intelligence

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

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

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

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

     SEC. 3160. WHISTLEBLOWER PROTECTION.

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

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

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

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

       (a) Requirement.--The Secretary of Energy, after 
     consultation with the Director of Central Intelligence and 
     the Director of the Federal Bureau of Investigation, as 
     appropriate, shall submit to the congressional defense 
     committees a notification of each serious security or 
     counterintelligence failure at a Department of Energy 
     facility that the Secretary considers likely to cause 
     significant harm or damage to the national security interests 
     of the United States.
       (b) Deadline.--The Secretary shall submit a notice under 
     subsection (a) for a failure covered by that subsection not 
     later than 30 days after learning of the failure.
       (c) Procedures.--The Secretary and the congressional 
     defense committees shall each establish such procedures as 
     may be necessary to carry out the provisions of this title.
       (d) Protection of Classified and Other Sensitive 
     Information.--(1) The House of Representatives and the Senate 
     shall each establish, by rule or resolution of such House, 
     procedures to protect from unauthorized disclosure classified 
     information, all information relating to intelligence sources 
     and methods, and sensitive law enforcement information that 
     is furnished to the congressional defense committees pursuant 
     to this section.
       (2) Such procedures shall be established in consultation 
     with the Secretary of Energy,

[[Page 11806]]

     the Director of Central Intelligence, and the Director of the 
     Federal Bureau of Investigation.
       (e) Savings Provisions.--(1) Nothing in this section shall 
     be construed as authority to withhold information from the 
     congressional defense committees on the grounds that 
     providing the information to such committees would constitute 
     the unauthorized disclosure of classified information, 
     information relating to intelligence sources or methods, or 
     sensitive law enforcement information.
       (2) Nothing in this section shall be construed to modify or 
     supersede any other requirement to report information on 
     intelligence activities to Congress, including the 
     requirement under section 501 of the National Security Act of 
     1947 (50 U.S.C. 413) for the President to ensure that the 
     intelligence committees are kept fully and currently informed 
     of the intelligence activities of the United States and for 
     the intelligence committees to notify promptly other 
     congressional committees of any matter relating to 
     intelligence activities requiring the attention of such 
     committees.

     SEC. 3163. CONDUCT OF SECURITY CLEARANCES.

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

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

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

     SEC. 3165. DEFINITION.

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

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

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

[[Page 11807]]

     that accompany the annual certification of the safety and 
     reliability of the United States nuclear weapons stockpile 
     which is provided to the President for the year in which such 
     report is submitted.''.
       (g) Technical Amendment.--Section 179(f) of title 10, 
     United States Code, is amended by striking ``the Committee on 
     Armed Services'' and all that follows through ``House of 
     Representatives'' and inserting ``the Committees on Armed 
     Services and Appropriations of the Senate and the Committees 
     on Armed Services and Appropriations of the House of 
     Representatives''.

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

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

     SEC. 3173. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO 
                   PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

       (a) Extension.--Notwithstanding subsection (c)(2)(D) of 
     section 663 of the Treasury, Postal Service, and General 
     Government Appropriations Act, 1997 (Public Law 104-208; 110 
     Stat. 3009-383; 5 U.S.C. 5597 note), the Department of Energy 
     may pay voluntary separation incentive payments to qualifying 
     employees who voluntarily separate (whether by retirement or 
     resignation) before January 1, 2003.
       (b) Exercise of Authority.--The Department shall pay 
     voluntary separation incentive payments under subsection (a) 
     in accordance with the provisions of such section 663.

     SEC. 3174. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.

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

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

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

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

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

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

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

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

       (a) Submittal of Proposed Schedule.--Not later than 60 days 
     after the date of the enactment of this Act, the Secretary of 
     Energy shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a proposed schedule 
     for the commencement of shipments of waste from the Rocky 
     Flats Plant, Colorado, to the Waste Isolation Pilot Plant, 
     New Mexico.
       (b) Elements.--The schedule under subsection (a) shall set 
     forth--
       (1) the proposed commencement date of shipments of mixed 
     transuranic waste from the Rocky Flats Plant to the Waste 
     Isolation Pilot Plant; and
       (2) the proposed commencement date of shipments of unmixed 
     transuranic waste from the Rocky Flats Plant to the Waste 
     Isolation Pilot Plant.
       (c) Requirements Regarding Schedule.--In preparing the 
     schedule, the Secretary shall assume the following:

[[Page 11808]]

       (1) A closure date for the Rocky Flats Plant in 2006.
       (2) That all waste that is transferable from the Rocky 
     Flats Plant to the Waste Isolation Pilot Plant will be 
     removed from the Rocky Flats Plant by that closure date as 
     specified in the current 2006 Rocky Flats Plant Closure Plan.
       (3) That, to the maximum extent practicable, shipments of 
     waste from the Rocky Flats Plant to the Waste Isolation Pilot 
     Plant will be carried out on an expedited schedule, but not 
     interfere with other shipments of waste to the Waste 
     Isolation Pilot Plant that are planned as of the date of the 
     enactment of this Act.

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

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

     SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

       There are authorized to be appropriated for fiscal year 
     2000, $17,500,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

     SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2000, the National Defense Stockpile Manager may obligate up 
     to $78,700,000 of the funds in the National Defense Stockpile 
     Transaction Fund for the authorized uses of such funds under 
     section 9(b)(2) of the Strategic and Critical Materials Stock 
     Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

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

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

     SEC. 3401. SHORT TITLE.

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

     SEC. 3402. AUTHORIZATION OF EXPENDITURES.

       (a) In General.--Subject to subsection (b), the Panama 
     Canal Commission is authorized to use amounts in the Panama 
     Canal Revolving Fund to make such expenditures within the 
     limits of funds and borrowing authority available to it in 
     accordance with law, and to make such contracts and 
     commitments, as may be necessary under the Panama Canal Act 
     of 1979 (22 U.S.C. 3601 et seq.) for the operation, 
     maintenance, improvement, and administration of the Panama 
     Canal for the period October 1, 1999, through noon on 
     December 31, 1999.
       (b) Limitations.--For the period described in subsection 
     (a), the Panama Canal Commission may expend from funds in the 
     Panama Canal Revolving Fund not more than $25,000 for 
     official reception and representation expenses, of which--
       (1) not more than $7,000 may be used for official reception 
     and representation expenses of the Supervisory Board of the 
     Commission;
       (2) not more than $3,500 may be used for official reception 
     and representation expenses of the Secretary of the 
     Commission; and
       (3) not more than $14,500 may be used for official 
     reception and representation expenses of the Administrator of 
     the Commission.

     SEC. 3403. PURCHASE OF VEHICLES.

       Notwithstanding any other provision of law, the funds 
     available to the Commission shall be available for the 
     purchase and transportation to the Republic of Panama of 
     replacement passenger motor vehicles, the purchase price of 
     which shall not exceed $26,000 per vehicle.

     SEC. 3404. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.

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

     SEC. 3405. OFFICE OF TRANSITION ADMINISTRATION.

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

  (Pursuant to the order of May 27, 1999, the text of S. 1060, as 
amended, is Division A of S. 1059; the text of S. 1061, as amended, is 
Division B of S. 1059; and the text of S. 1062, as amended, is Division 
C of S. 1059.)

                          ____________________