Subtitle E--Other Mattersates export control ion (a) Communication of Restricted Data.--Section 224 of the Atomic f . Energy Act of 1954 (42 U.S.C. 2274) is amended--N WITH GIFTS TO ely to , (1) in clause a., by striking ``$20,000'' and inserting h a ``$100,000''; andUnited States.policy on use of the checklist (2) in clause b., by striking ``$10,000'' and inserting , ``$500,000''.s amended by inserting after section 4356 the y to following new section:t shall promptly notify the appropriate committees (b) Receipt of Restricted Data.--Section 225 of such Act (42 U.S.C. 2275) is amended by striking ``$20,000'' and inserting ``$100,000''.d by (c) Disclosure of Restricted Data.--Section 227 of such Act (42 U.S.C. 2277) is amended by striking ``$2,500'' and inserting he NT so ; ``$12,500''. the Army may accept from a donor or donors a qualifiedd SEC. 3149. SUPPLEMENT <> TO PLAN FOR tion eet DECLASSIFICATION OF RESTRICTED DATA AND tion FORMERLY RESTRICTED DATA.he waiver.(a), the guarantee for the completion of a major project for the benefit of the (a) Supplement to Plan.--The Secretary of Energy and the Archivist ; of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of y to Defense and the heads of other appropriate Federal agencies, develop a supplement to the plan required under subsection (a) of section 3161 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2260; 50 U.S.C. 435 note).s and of (b) Contents of Supplement.--The supplement shall provide for the n application of that plan (including in particular the element of the plan required by section 3161(b)(1) of that Act) to all records subject to Executive Order No. 12958 that were determined before the date of the enactment of that Act to be suitable for declassification.e completion (c) Limitation on Declassification of Records.--All records referred to in subsection (b) shall be treated, for purposes of section 3161(c) of that Act, in the same manner as records referred to in section -The d 3161(a) of that Act.n on Commingling of Funds.--The Secretary of the y r (d) Submission of Supplement.--The Secretary of Energy shall submit the supplement required under subsection (a) to the recipients of the ct plan referred to in section 3161(d) of that Act.on that is furnished to ``(e) Definitions.--In this section:n.ers.''.7) with respect to the [[Page 113 STAT. 939]]r project.--The term `major project' means a project for the purchase or other procurement of real or ate of SEC. 3150. NOTICE <> TO CONGRESSIONAL ion, or (f) d COMMITTEES OF CERTAIN SECURITY AND f which is, COUNTERINTELLIGENCE FAILURES WITHIN le 10, NUCLEAR ENERGY DEFENSE PROGRAMS.d guarantee', with respect to a major project, means a guarantee that--eans 1) (a) Required Notification.--The Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of t, of a ee Representatives a notification of each significant nuclear defense ned intelligence loss. Any such notification shall be provided only after a consultation with the Director of Central Intelligence and the Director of the Federal Bureau of Investigation, as appropriate.dite the lect (b) Significant Nuclear Defense Intelligence Losses.--In this on section, the term ``significant nuclear defense intelligence loss'' r means any national security or counterintelligence failure or compromise of classified information at a facility of the Department of Energy or operated by a contractor of the Department that the Secretary considers likely to cause significant harm or damage to the national security ies, interests of the United States.the donor's other gift or gifts for the (c) Manner <> of Notification.--Notification of a y significant nuclear defense intelligence loss under subsection (a) shall be provided, in accordance with the procedures established pursuant to subsection (d), not later than 30 days after the date on which the ay Department of Energy determines that the loss has taken place.ents as er ``(D) is accompanied by--OLIFERATION MATTERS.''. (d) Procedures.--The Secretary of Energy and the Committees on Armed Services of the Senate and House of Representatives shall each establish such procedures as may be necessary to protect from unauthorized is of disclosure classified information, information relating to intelligence sources and methods, and sensitive law enforcement information that is submitted to those committees pursuant to this section and that are nt. otherwise necessary to carry out the provisions of this section. and s (e) Statutory Construction.--(1) Nothing in this section shall be construed as authority to withhold any information from the Committees s on Armed Services of the Senate and House of Representatives on the grounds that providing the information to those committees would ion constitute the unauthorized disclosure of classified information, information relating to intelligence sources and methods, or sensitive law enforcement information.EMS.enter into an agreement with a member to (2) Nothing in this section shall be construed to modify or funds supersede any other requirement to report information on intelligence w activities to the 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 congressional intelligence committees are kept fully informed of the intelligence activities of the United States and for t those committees to notify promptly other congressional committees of ow any matter relating to intelligence activities requiring the attention of those committees.``(C) requires the donor to maintain in an account SEC. 3151. ANNUAL <> REPORT BY THE PRESIDENT a for ON ESPIONAGE BY THE PEOPLE'S REPUBLIC OF e es. CHINA.d; andcontinental ballistic missiles.he ``(D) requires the investment management firm, at n (a) Annual Report Required.--The President shall transmit to an the Congress an annual report on the steps being taken by the Department of Energy, the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, and all other relevant executive er ic departments and agencies to respond to espionage and other intelligence activities by the People's Republic of China, particularly with respect to-- United States commercial bank' means a commercial bank that-- ``(A) is an insured bank (as defined in section 3 of [[Page 113 STAT. 940]]deral Deposit Insurance Act (12 U.S.C. 1813)); the ``(B) is headquartered in the United States; andvery (1) the theft of sophisticated United States nuclear weapons design information; andf the Army to qualify the bank as a major (2) the targeting by the People's Republic of China of r United States nuclear weapons codes and other national security information of strategic concern.ent management firm' means any broker, dealer, investment adviser, or provider of investment nd (b) Initial <> Report.--The first report under this section shall be transmitted not later than March 1, 2000.2 of the uch SEC. 3152. REPORT <> ON COUNTERINTELLIGENCE jor AND SECURITY PRACTICES AT NATIONAL agraph LABORATORIES.red in the United States; and l ``(B) holds for the account of others investment on (a) In <> General.--Not later than March 1 of each year, the Secretary of Energy shall submit to the Congress a report for the preceding year on counterintelligence and security practices at the facilities of the national laboratories (whether or not classified activities are carried out at the facility).ng of such chapter is out amended by inserting after the item relating to section 4356 the orce, (b) Content of Report.--The report shall include, with respect to each national laboratory, the following:ion (a), as the case may be, to (1) The number of employees, including full-time s.''.sary counterintelligence and security professionals and contractor s employees.emy.--(1) Chapter 603 of title 10, United States Code, (2) A description of the counterintelligence and security ic training courses conducted and, for each such course, any ing requirement that employees successfully complete that course.ers (3) A description of each contract awarded that provides an incentive for the effective performance of counterintelligence or security activities.t from a donor or donors a qualified use (4) A description of the requirement that an employee report the travel to sensitive countries of that employee (whether or not the travel was for official business).ualified guarantee ng (5) The number of trips by individuals who traveled to ty to sensitive countries, with identification of the sensitive s countries visited.Funds available for a project for which such a SEC. 3153. REPORT <> ON SECURITY reductions in VULNERABILITIES OF NATIONAL LABORATORY des COMPUTERS.r forces and nuclear modernization programs of the People's Republic of China and every other h of (a) Report <> Required.--Not later than March 1 of each year, the National Counterintelligence Policy Board shall prepare a report on the security vulnerabilities of the computers of the national laboratories. the project.y should not be to such an extent as to impede ``(c) Notice of Proposed Acceptance.--The Secretary of the Navy may (b) Preparation of Report.--In preparing the report, the National Counterintelligence Policy Board shall establish a so-called ``red the team'' of individuals to perform an operational evaluation of the antee security vulnerabilities of the computers of one or more national ly by laboratories, including by direct experimentation. Such individuals shall be selected by the National Counterintelligence Policy Board from among employees of the Department of Defense, the National Security ract Agency, the Central Intelligence Agency, the Federal Bureau of of day Investigation, and of other agencies, and may be detailed to the of the National Counterintelligence Policy Board from such agencies without ion reimbursement and without interruption or loss of civil service status n or privilege.nal property, or for the construction, renovation, or tion (c) Submission of Report to Secretary of Energy and to FBI which is, Director.--Not <> later than March 1 of each year, the report shall be submitted in classified and unclassified form to the ', Secretary of Energy and the Director of the Federal Bureau of t--e and Investigation. ``(A) is made by one or more persons in connection n with a donation, specifically for the project, of a the (d) Forwarding to Congressional Committees.--s that, as determined Not <> later than 30 days after the report is defray a submitted, the Secretary andportion of the total cost of the project;the ``(B) is made to facilitate or expedite the (1).o [[Page 113 STAT. 941]]tion of the project in reasonable anticipation f that other donors will contribute sufficient funds or ed the Director shall each separately forward that report, with the to as recommendations in classified and unclassified form of the Secretary or the Director, as applicable, in response to the findings of that report, to the following:rovides for the donor to furnish in cash or securities, (1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.l amount that may become necessary (2) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.s al funds or other resources in amounts sufficient to pay d (e) First Report.--The first report under this section shall be the report for the year 2000. That report shall cover each of the national r laboratories. ``(i) an irrevocable and unconditional standby SEC. 3154. COUNTERINTELLIGENCE <> POLYGRAPH al em PROGRAM. is in the amount of the guarantee and is issued by a major United States commercial e of (a) Program Required.--The Secretary of Energy, acting through the Director of Counterintelligence, shall carry out a counterintelligence f polygraph program for the defense-related activities of the Department. The counterintelligence polygraph program shall consist of the a apons d administration of counterintelligence polygraph examinations to each - covered person who has access to high-risk programs.ates investment use (b) Covered Persons.--For purposes of this section, a covered person is one of the following:) ensures the availability of sufficient funds (1) An officer or employee of the Department.mount ble shall (2) An expert or consultant under contract to the following: Department. ``(B) provides for the perfection of a security ired (3) An officer or employee of a contractor of the United on Department.tes for the benefit of the Naval Academy with the d highest prioritys the Secretary believes are important (c) High-Risk Programs.--For purposes of this section, high-risk programs are the programs known as--aval vessel force structure that is (1) Special Access Programs; andt's budget for fiscal year (2) Personnel Security and Assurance Programs. under ied ing applicable law;e, in unclassified form. for the ng on (d) Initial Testing and Consent.--The Secretary may not permit a t f covered person to have initial access to any high-risk program unless an that person first undergoes a counterintelligence polygraph examination and consents in a signed writing to the counterintelligence polygraph 1 examinations required by this section. investment management firm, at (e) Additional Testing.--The Secretary may not permit a covered the person to have continued access to any high-risk program unless that ), person undergoes a counterintelligence polygraph examination within five years after that person has initial access, and thereafter--ed under t (1) not less frequently than every five years; andive tion e (2) at any time at the direction of the Director of `major Counterintelligence.cial bank' means a commercial bank that--gy ``(A) is an insured bank (as defined in section 3 of (f) Counterintelligence Polygraph Examination.--For purposes of this section, the term ``counterintelligence polygraph examination'' means a polygraph examination using questions reasonably calculated to obtain by counterintelligence information, including questions relating to a major espionage, sabotage, unauthorized disclosure of classified information, and unauthorized contact with foreign nationals. management firm.--The (g) Regulations.--The Secretary shall prescribe any regulations any necessary to carry out this section. Those regulations shall include procedures, to be developed in consultation with the Federal Bureau of Investigation, for-- of 1934 (15 U.S.C. 78c) or section 202 of the d by (1) identifying and addressing ``false positive'' results of polygraph examinations; andnk that--859a) as activities of the ``(A) is headquartered in the United States; andt [[Page 113 STAT. 942]](B) holds for the account of others investment is assets in a total amount considered by the Secretary of (2) ensuring that adverse personnel actions not be taken 22 against an individual solely by reason of that individual's .ng physiological reaction to a question in a polygraph examination, unless reasonable efforts are first made to independently ded by determine through alternative means the veracity of that ons of individual's response to that question.ed eligible for the her (2) Subsection (d)(4) of such section is amended--t special Public (h) Plan for Extension of Program.--Not later than 180 days after be the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed s d Services of the House of Representatives a plan on extending the program required by this section. The plan shall provide for the administration of counterintelligence polygraph examinations in accordance with the by program to each covered person who has access to--sistance for that d in (1) the programs known as Personnel Assurance Programs; and' (2) the information identified as Sensitive Compartmented o Information. Force may accept from a donor or donors a qualified SEC. 3155. DEFINITIONS <> OF NATIONAL efit of the d LABORATORY AND NUCLEAR WEAPONS ubsection (a) PRODUCTION FACILITY. a qualified guarantee the accepted under this section shall be considered as contract authority to For purposes of this subtitle:urposes of Federal fiscal and f an (1) The term ``national laboratory'' means any of the such a following: accepted may be obligated and expended for the n of y (A) The Lawrence Livermore National Laboratory, ir n Livermore, California.ect (not taking into account the (B) The Los Alamos National Laboratory, Los Alamos, New Mexico.abilities of United States space assets.the (C) The Sandia National Laboratories, Albuquerque, New Mexico and Livermore, California.s.yard within the e (2) The term ``nuclear weapons production facility'' means any of the following:Acceptance.--The Secretary of the Air Force (A) The Kansas City Plant, Kansas City, Missouri.of (B) The Pantex Plant, Amarillo, Texas.f 30 days tion (C) The Y-12 Plant, Oak Ridge, Tennessee.g the held (D) The tritium operations at the Savannah River e e Site, Aiken, South Carolina.s.--The Secretary of the Air (E) The Nevada Test Site, Nevada.ction involving the use of a qualified guarantee and appropriated funds in the same contract SEC. 3156. <> DEFINITION OF RESTRICTED DATA.ing ``(e) Definitions.--In this section:luation taking into account-- 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)).ersonal property, or for the construction, renovation, or nd repair of real or personal property, the total cost of which is, Subtitle E--Matters Relating to Personnelat the end and ``(2) Qualified guarantee.--The term `qualified guarantee', SEC. 3161. EXTENSION <> OF AUTHORITY OF -of the DEPARTMENT OF ENERGY TO PAY VOLUNTARY ection SEPARATION INCENTIVE PAYMENTS.oject, of a ife total amount in cash or securities that, as determined (a) Extension.--Notwithstanding subsection (c)(2)(D) of section 663 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (as contained in section 101(f) of division A of Public Law 104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note), the Department of de, Energy may pay voluntary separation incentive payments under such on section 663 to qualifying employees who voluntarily separate (whether by retirement or resignation) before January 1, 2003.ent to pay for ons of completion of the project;ment for space technology the [[Page 113 STAT. 943]](C) is set forth as a written agreement that tify provides for the donor to furnish in cash or securities, (b) Report.--(1) <> Not later than March 15, 2000, the Secretary of Energy shall submit to the Director of the Office of ry Personnel Management and the specified congressional committees a report describing how the Department has, by reason of the provisions of s an subsection (a), paid voluntary separation payments under such section 663. the cost of completing the project; andreflect the ``(D) is accompanied by--ing limitations. cy or (2) The report under paragraph (1) shall-- and unconditional standby (A) include the occupations and grade levels of each demy e employee with respect to whom the Department has, by reason of s the provisions of subsection (a), paid voluntary separation k; , payments under such section 663; andngency operation should be m (B) describe how the paying of such payments by reason of . the provisions of subsection (a) relates to the restructuring an plans of the Department.ol agreement', with respect to a o of guarantee of a donor, means an agreement among the donor, the (3) For purposes of this subsection, the term ``specified investment congressional committees'' means the following:ion previously completed (A) The Committee on Armed Services, the Committee on unds t Government Reform, and the Committee on Commerce of the House of Representatives.ed during the period of the guarantee; by (B) The Committee on Armed Services and the Committee on Governmental Affairs of the Senate.he account for the United SEC. 3162. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL ghest TO THE DEPARTMENT OF ENERGY NUCLEAR rests se: WEAPONS COMPLEX.ch 1998 of the United States s ``(C) requires the donor to maintain in an account (a) In General.--Subsection (a) of section 3140 of the National r s Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 621; 42 U.S.C. 2121 note) is amended--t is any of the (1) by striking ``the Secretary'' in the second sentence and all that follows through ``provide educational assistance'' and inserting ``the Secretary shall provide educational ses, for uch assistance'';`(D) requires the investment management firm, at C) (2) by striking the semicolon after ``complex'' in the the second sentence and inserting a period; ander subparagraph (C), (3) by striking paragraphs (2) and (3).the account and bmit reinvest the proceeds in Treasury bills issued under d (b) Eligible Individuals.--Subsection (b) of such section is amended by inserting ``are United States citizens who'' in the matter preceding paragraph (1) after ``program''. bank' means a commercial bank that--t (c) Covered Facilities.--Subsection (c) of such section is amended f by adding at the end the following new paragraphs:(12 U.S.C. 1813));the ``(5) The Lawrence Livermore National Laboratory, Livermore, California. ``(C) has net assets in a total amount considered by ``(6) The Los Alamos National Laboratory, Los Alamos, New a Mexico. major bank.nt of the manner in which the vulnerabilities ``(7) The Sandia National Laboratories, Albuquerque, New e h Mexico, and Livermore, California.''.management firm' means any broker, dealer, investment adviser, or provider of investment (d) Agreement Required.--Subsection (f) of such section is amended to read as follows:t of 1934 (15 U.S.C. 78c) or section 202 of the t. ``(f) Agreement.--(1) The Secretary may allow an individual to r e participate in the program only if the individual signs an agreement 8 . described in paragraph (2).s headquartered in the United States; andon ``(2) An agreement referred to in paragraph (1) shall be in writing, shall be signed by the participant, and shall include the participant's agreement to serve, after completion of the course of study for which t the assistance was provided, as a full-time employee in a position in the Department of Energy for a period of time to be established by the Secretary of Energy of not less than one year, if such a position is offered to the participant.''. item relating to section 9355 the lowing following new item:r national defense purposes in one or more commercial [[Page 113 STAT. 944]]lanation for the failure of a Titan IVA launch ``9356. Acceptance of guarantees with gifts for major projects.''.nch (e) Plan.--(1) <> Not later than January 1, 2000, the Secretary of Energy shall submit to the congressional defense committees a plan for the administration of the fellowship program under section 3140 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 2121 note), as amended by this may l section.by eminent domain, but with the consent of the State of Arizona, all right, title, and interest (including any mineral rights) of the een (2) The plan shall include the criteria for the selection of es.lish individuals for participation in such fellowship program and a East n description of the provisions to be included in the agreement required by subsection (f) of such section (as amended by this section), th the e including the period of time established by the Secretary for the tate f participants to serve as employees.ace estates of the United States in (f) Funding.--Of the funds authorized to be appropriated to the in Department of Energy pursuant to section 3101, $5,000,000 shall be es. available only to conduct the fellowship program under section 3140 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 2121 note), as amended by this section. acting ach of SEC. 3163. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE ate of heir l DEPARTMENT OF DEFENSE AND DEPARTMENT OF me ly ENERGY.arcels of Federal land under the on a jurisdiction of the Bureau of Land Management in the State of Arizona. (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:c)(1).ch of expendable launch t ``(3) The Council shall meet not less often than once every three er months.''. STAT. 878]]essment of whether consolidation in the aerospace (2) Subsection (c) of that section is amended by adding at the end s the following new paragraph:ds conveyed out of Federal ownership under l ``(3)(A) Whenever the position of Assistant to the Secretary of he Defense for Nuclear and Chemical and Biological Defense Programs has or, been vacant a period of more than 6 months, the Secretary of Energy ch shall designate a qualified individual to serve as acting staff director of the Council until the position of that Assistant to the Secretary is filled.nce described in subsection (b) only if--is a sufficient he ``(B) An individual appointed under subparagraph (A) shall possess substantial technical and policy experience relevant to the management o and oversight of nuclear weapons programs.''.nterests in lands under f (b) Revitalization of Joint Nuclear Weapons Council.-- as full mine (1) <> The Secretary of Defense and the Secretary of e Energy shall jointly prepare, and not later than March 15, 2000, submit to the committees specified in subsection (g), a plan to revitalize the Joint Nuclear Weapons Council established by section 179 of title 10, : United States Code.gement and technical oversight of the launches that (d) Use of Eminent Domain.--The Secretary may acquire the State f (2) The plan shall include any proposed modification to the ws and membership or responsibilities of the Council that the Secretaries on 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 in Energy.nce with the Uniform Appraisal Standards for Federal Land United (c) Annual Report on Council Activities.--Section 179(f) of title m 10, United States Code, is amended by adding at the end the following: ``(3) A description of the activities of the Council during the 12-month period ending on the date of the report together s with any assessments or studies conducted by the Council during that period.ction shall be determined by surveys that are buted satisfactory to the Secretary of the Interior and the State of Arizona.l [[Page 113 STAT. 945]]Acquired Lands for Military Purposes.--After a acquisition, the lands acquired by the United States under subsection s ``(4) A description of the highest priority requirements of the Department of Defense with respect to the Department of y Energy stockpile stewardship and management program as of that date.uachuca East Range that were withdrawn and reserved for n ``(5) An assessment of the extent to which the requirements referred to in paragraph (4) are being addressed by the nterior Department of Energy as of that date.''. in connection with the conveyance and acquisition of lands and interests in land under this on (d) Nuclear <> Mission Management Plan.--(1) 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.neral interests under ber 15, subsection (a) and the conveyance of public lands under subsection (b) 5 (2) The plan shall do the following:rmy. in the preparation of the (A) Articulate the current policy of the United States on es the role of nuclear weapons and nuclear deterrence in the nsfer conduct of defense and foreign relations matters.e, in section (B) Establish stockpile viability and capability and nder s: requirements with respect to that mission, including the number and variety of warheads required.and subway station entrance at (C) Establish requirements relating to the contractor d industrial base, support infrastructure, and surveillance, testing, assessment, and certification of nuclear weapons , as necessary to support that mission.to the Government of Thailand (b) Report Required.--As part of the report required under section n (3) The plan shall take into account the following:ecretary of nate. (A) Requirements for the critical skills, readiness, , ct : training, exercise, and testing of personnel necessary to meet that mission.ion (a) and a revised estimate for the total cost (B) The relevant programs and plans of the military iod e departments and the Defense Agencies with respect to readiness, sustainment (including research and development), and cretary of modernization of the strategic deterrent forces.partment of e s SEC. 2881. TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA. officer ay (e) Nuclear <> Expertise Retention Measures.--(1) Not later than March 15, 2000, the Secretary of Energy and Secretary of Defense shall submit to the committees specified in subsection (g) a of joint plan setting forth the actions that the Secretaries consider h er necessary to retain core scientific, engineering, and technical skills g and capabilities within the Department of Energy, the Department of on a Defense, and the contractors of those departments in order to maintain e the United States nuclear deterrent force indefinitely.red under unch subsection (a) into Arlington National Cemetery.nch needs.ogram, (2) The plan shall include the following elements:ceed 10 acres of (A) A baseline of current skills and capabilities by north location.olumbia Pike) as a site for--l defense committees a (B) A statement of the skills or capabilities that are at d risk of being lost within the next ten years.ional Military ing (C) A statement of measures that will be taken to retain such skills and capabilities.that the Secretary of Defense ank (D) A proposal for recruitment measures to address the loss of such skills or capabilities.N COMMERCIAL SPACE LAUNCH of the (E) A proposal for the training and evaluation of personnel with core scientific, engineering, and technical skills and , capabilities.nse shall provide for the removal of any s frigate (F) A statement of the additional advanced manufacturing as programs and process engineering programs that are required to maintain the nuclear deterrent force indefinitely.f Defense ther (G) An assessment of the desirability of establishing a le nuclear weapons workforce reserve to ensure the availability of the skills and capabilities of present and former employees of d the Department of Energy, the Department of Defense, andnal nder Cemetery required at page 787 of the Joint Explanatory Statement of the [[Page 113 STAT. 946]]e to accompany the bill H.R. 3616 of the One tion Hundred Fifth Congress (House Report 105-436 of the 105th Congress), and the contractors of those departments in the event of an urgent l future need for such skills and capabilities.operty as the site for the National Military Museum.t by the recipient country of any the (f) Reports on Critical Difficulties at Nuclear Weapons with the s Laboratories.--Section 3159 of the National Defense Authorization Act e- for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842; 42 U.S.C. nty 7274o) is amended--nia, with respect to matters pertaining to real upon (1) by redesignating subsection (d) as subsection (e); andon (2) by inserting after subsection (c) the following new 21 subsection:tation, infrastructure, and utilities in that county by reason of the proposed uses of the Navy Annex property under ed to ``(d) Inclusion of Reports in Annual Stockpile Certification.--Any report submitted pursuant to subsection (a) shall also be included with the decision documents that accompany the annual certification of the ss 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.''.AT. 880]]tes and the Russian Federation on nonproliferation (g) Specified Committees.--The committees specified in this A. MOORE subsection are the Committee on Armed Services of the Senate and the on Committee on Armed Services of the House of Representatives.ious nt commitment by the Government of the Russian Federation to SEC. 3164. <> WHISTLEBLOWER PROTECTION PROGRAM.y in implement the provisions of the master plan at any time after the The (a) Program <> Required.--The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a ll e reprisal for making protected disclosures.ription of the portion of the Navy Annex property reserved under subsection (b)(2) and of the portion (b) Covered Individuals.--For purposes of this section, a covered by individual is an individual who is an employee of the Department of m ed Energy, or of a contractor of the Department, who is engaged in the er defense activities of the Department., the Secretary of the Army shall n (c) Protected Disclosures.--For purposes of this section, a ess on protected disclosure is a disclosure--metery required at page 787 of the (1) made by a covered individual who takes appropriate steps to protect the security of the information in accordance with - guidance provided under this section;unch;he Secretary, the (2) made to a person or entity specified in subsection (d); and Secretary of Defense shall include a description of the use (3) of classified or other information that the covered the individual reasonably believes to provide direct and specific h evidence of any of the following:on of the Pentagon Reservation. (A) A violation of law or Federal regulation.ansfer (B) Gross mismanagement, a gross waste of funds, or abuse of authority.llite of United States origin for ndn (C) A false statement to Congress on an issue of material fact.the Navy Annex property is no longer nt of required (as determined by the Secretary) for use as temporary (d) Persons and Entities to Which Disclosures May Be Made.--A person or entity specified in this subsection is any of the following:ct for (1) A member of a committee of Congress having primary 5; 22 responsibility for oversight of the department, agency, or dify element of the Government to which the disclosed information he relates.gton National Cemetery the following parcels of real m; (2) An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed. to the southwest, McNair (3) The Inspector General of the Department of Energy.the 32 (4) The Federal Bureau of Investigation. National Cemetery l to the southeast.10 USC 1074g note.>> for Establishment of such [[Page 113 STAT. 947]]el comprising approximately three acres bounded by the Vehicle Maintenance Complex to the southwest, Jackson Avenue (5) Any other element of the Government designated by the . Secretary as authorized to receive information of the type and disclosed.``; or''; ande. 10 USC 1074g note.>> Required.--Not to [[Page 113 STAT. 814]]ing at the end the following new paragraph:he t or (e) Official Capacity of Persons to Whom Information is Disclosed.-- A member of, or an employee of Congress who is a staff member of, a r e committee of Congress specified in subsection (d) who receives a aph de protected disclosure under this section does so in that member or the employee's official capacity as such a member or employee.EUMd by the (f) Assistance and Guidance.--The Secretary, acting through the he Inspector General of the Department of Energy, shall provide assistance and guidance to each covered individual who seeks to make a protected g disclosure under this section. Such assistance and guidance shall Senate include the following:g minority member of the Committee on Armed agraph (1) Identifying the persons or entities under subsection (d) to which that disclosure may be made.d by the Secretary of (2) Advising that individual regarding the steps to be taken to protect the security of the information to be disclosed. the (3) Taking appropriate actions to protect the identity of that individual throughout that disclosure.shall be appointed h (4) Taking appropriate actions to coordinate that disclosure with any other Federal agency or agencies that originated the n- information.uture national security concepts.the Secretary f the SEC. 2901. <> ESTABLISHMENT.Armed Services of nd (g) Regulations.--The Secretary shall prescribe regulations to ces ensure the security of any information disclosed under this section.be (h) Notification to Covered Individuals.--The Secretary shall notify each covered individual of the following:ignate one of the members of er (1) The rights of that individual under this section.voting (2) The assistance and guidance provided under this section. (3) That the individual has a responsibility to obtain that assistance and guidance before seeking to make a protected disclosure. shall be appointed by the Speaker of the House of Representatives, in consultation with the chairman of the to o (i) Complaint by Covered Individuals.--If a covered individual . All believes that that individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure f under this section, the individual may submit a complaint relating to such matter to the Director of the Office of Hearings and Appeals of the Department of Energy.hall be appointed by the majority leader of the en (j) Investigation by Office of Hearings and Appeals.--(1) For each complaint submitted under subsection (i), the Director of the Office of Hearings and Appeals shall-- appointed by the minority leader of the on (A) determine whether or not the complaint is frivolous; and (B) if the Director determines the complaint is not gement frivolous, conduct an investigation of the complaint.o be days (2) The following shall be nonvoting members of the Commission:ld ) (2) <> The Director shall submit a report on each investigation undertaken under paragraph (1)(B) to--ssets may be such n (A) the individual who submitted the complaint on which the investigation is based;f the Air Force.ct of terrorism described (B) the contractor concerned, if any; andprocess regarding (C) the Secretary of Energy.thsonian Institution.uding nd (G) The Chairman of the National Capital Planning issues. (k) Remedial Action.--(1) Whenever the Secretary determines that a o covered individual has been discharged, demoted, or otherwise .called he discriminated against as a reprisal for making a protected disclosure under this section, the Secretary shall-->> President shall designate one of the individuals first appointed to the Commission under e two e [[Page 113 STAT. 948]]s the chairman of the Commission.s the Secretary (2) In extraordinary circumstances, the Secretary of Defense may (A) in the case of a Department employee, take appropriate t actions to abate the action; orancy in the Commission shall be s (B) in the case of a contractor employee, order the dressed contractor concerned to take appropriate actions to abate the l action. the Commission shall be made not later than 90 days of after the date of the enactment of this Act.n (a), the Attorney General (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 60 the order in the appropriate United States district court.ion have been (B) In any action brought under subparagraph (A), the court may ' grant appropriate relief, including injunctive relief and compensatory r and exemplary damages.USC 111 note.>> DUTIES OF COMMISSION. Defense.al (l) Relationship to Other Laws.--The protections provided by this section are independent of, and not subject to any limitations that may be provided in, the Whistleblower Protection Act of 1989 (Public Law ot, 101-512) or any other law that may provide protection for disclosures of information by employees of the Department of Energy or of a contractor of the Department.curity space management and organization.llowing new (m) Annual <> Report.--(1) Not later than 30 days after the commencement of each fiscal year, the Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the investigations undertaken under subsection (j)(1)(B) during the preceding fiscal year, including a summary of the results of each such investigation.--sary for (A) to provide in a cost-effective manner for te up (2) A report under paragraph (1) may not identify or otherwise d and provide any information about an individual submitting a complaint under this section without the consent of the individual. which the United am (n) Implementation Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee e on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing the implementation of the program required by this section.rrent and future generations the regarding the Armed Forces and the sacrifices of members Subtitle F--Other Mattersn in furtherance of the defense of freedom; ands an assessment of the eat of an SEC. 3171. REQUIREMENT FOR PLAN TO IMPROVE REPROGRAMMING ievements and e PROCESSES.med Forces.errorism, as determined (2) Determine whether adequate inventories of artifacts and Not <> later than November 15, 1999, the Secretary of Energy shall submit to the congressional defense committees a report on improving the reprogramming processes relating to the defense or of activities of the Department of Energy. The report shall include a plan to ensure that the reprogramming requests of the Department relating to those activities are submitted in a timely and disciplined manner.litary SEC. 3172. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.ers advisable. (B) the location of the museum in that Area; andn (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--um.sion considers necessary to enable the rs (in (1) identify means of coordinating or integrating the who responsibilities of the Office of Environmental Management, the Office of Fissile Materials Disposition, the Office of Nuclear e Energy, and the Office of Defense Programs for the treatment, storage and disposition of fissile materials, and for the waste streams Recommend not fewer than three sites for the museum pose ranked by preference.mbers of the Commission shall constitute a [[Page 113 STAT. 949]]e a schedule for construction of the museum. r (3) Assess the potential effects of the museum on the rity containing fissile materials, in order to achieve budgetary and other efficiencies in the discharge of those responsibilities; and (4) Recommend the percentages of funding for the museum to (2) identify any expenditures necessary at the sites that y are anticipated to have an enduring mission for plutonium of ion management in order to achieve the integrated management of ing fissile materials by the Department.the authorization of be construction of the museum.f the Commission. Any findings and (b) Submittal <> to Congress.--The Secretary shall submit the plan required by subsection (a) to the Committee on Armed n. Services of the Senate and the Committee on Armed Services of the House of Representatives not later than March 31, 2000. Commission, take any SEC. 3173. IDENTIFICATION <> IN BUDGET he case e MATERIALS OF AMOUNTS FOR orize construction of DECLASSIFICATION ACTIVITIES AND orized for ny LIMITATION ON EXPENDITURES FOR SUCH the ose ACTIVITIES.erty shall be subject to the hout d following requirements:work on the Commission.ignments.n section 1072 of (a) Amounts for Declassification of Records.--The Secretary of lowed Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for any fiscal of year (as submitted with the budget of the President under section the 1105(a) of title 31, United States Code) specific identification, as a budgetary line item, of the amounts required to carry out programmed the activities during that fiscal year to declassify records pursuant to nts Executive Order No. 12958 (50 U.S.C. 435 note), or any successor itional Executive order, or to comply with any statutory requirement to m its declassify Government records.taff director shall be subject to the ed (b) Certification Required With Respect To Automatic the date of its Declassification of Records.--No records of the Department of Energy , l that have not as of the date of the enactment of this Act been reviewed for declassification shall be subject to automatic declassification tle unless the Secretary of Energy certifies to Congress that such y rates, declassification would not harm the national security. for the staff ed (c) Report on Automatic Declassification of Department of Energy Records.--Not <> later than February 1, 2001, the r er Secretary of Energy shall submit to the Committee on Armed Services of e the House of Representatives and the Committee on Armed Services of the Senate a report on the efforts of the Department of Energy relating to f the declassification of classified records under the control of the e.l, Department of Energy. Such report shall include the following:the ency (1) An assessment of whether the Department will be able to review all relevant records for declassification before any date established for automatic declassification.this title.ent ns (2) An estimate of the number of records, if any, that the Department will be unable to review for declassification before any such date and the effect on national security of the nder automatic declassification of those records.call of the aw ms; s (3) An estimate of the length of time by which any such date would need to be extended to avoid the automatic ection of the declassification of records that have not yet been reviewed as d of such date.in printing and binding services in the same manner SEC. 3174. SENSE OF CONGRESS REGARDING TECHNOLOGY TRANSFER a majority COORDINATION FOR DEPARTMENT OF ENERGY drug NATIONAL LABORATORIES.h panels composed of of less than full membership of the Commission for the purpose of carrying (a) Technology <> Transfer Coordination.--It is the sense of Congress that, within 90 days after the date of the enactment f of this Act, the Secretary of Energy should ensure, for each national gs laboratory, the following:Commission unless approved by the Commission. (d) Authority of Individuals To Act for Commission.--Any member or [[Page 113 STAT. 950]]n may, if authorized by the Commission, take any action which the Commission is authorized to take under this title.e h (1) Consistency of technology transfer policies and rity rt procedures with respect to patenting, licensing, and and a plan commercialization.tions regarding the functions outlined in the (2) Training to ensure that laboratory personnel responsible for patenting, licensing, and commercialization activities are y knowledgeable of the appropriate legal, procedural, and ethical standards.enses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates or (b) Definition of National Laboratory.--As used in this section, the term ``national laboratory'' means any of the following laboratories:he (1) The Los Alamos National Laboratory, Los Alamos, New .is Mexico.-(1) The chairman of the Commission may, without regard (2) The Lawrence Livermore National Laboratory, Livermore, s California.service, appoint a staff director REQUIREMENTS. care (3) The Sandia National Laboratories, Albuquerque, New der Mexico, and Livermore, California.rts Elimination and Sunset Act SEC. 3175. PILOT <> PROGRAM FOR PROJECT ed to MANAGEMENT OVERSIGHT REGARDING le the rgency DEPARTMENT OF ENERGY CONSTRUCTION director : PROJECTS. the Commission.9.>> XVII--TROOPS-TO- (2) The chairman of the Commission may fix the pay of the staff his (a) Requirement.--(1) The Secretary of Energy shall carry out a pter pilot program on use of project management oversight services (in this section referred to as ``PMO services'') for construction projects of , the Department of Energy.ay fixed under this paragraph for the staff , (2) The purpose of the pilot program shall be to provide a basis for determining whether or not the use of competitively procured, external PMO services for those construction projects would permit the Department to control excessive costs and schedule delays associated with those .C. construction projects that have large capital costs.t of the chairman of (b) Projects Covered by Program.--(1) Subject to paragraph (2), the Secretary shall carry out the pilot program at construction projects y selected by the Secretary. The projects shall include one or more and construction projects authorized pursuant to section 3101 and one , if construction project authorized pursuant to section 3102.rmittent Act (2) Each project selected by the Secretary shall be a project having capital construction costs anticipated to be not less than $25,000,000.. (c) Services Under Program.--The PMO services used under the pilot program shall include the following services:nse with respect to the on (1) Monitoring the overall progress of a project.ATIVE eriod (2) Determining whether or not a project is on schedule.and (3) Determining whether or not a project is within budget.f (4) Determining whether or not a project conforms with plans and specifications approved by the Department.in the same manner (5) Determining whether or not a project is being carried out efficiently and effectively.period referred to in (6) Any other management oversight services that the ber red Secretary considers appropriate for purposes of the pilot le er program.istrative and support services requested by the incurred Commission. (2) The term ``alternative certification or licensure nown (d) Procurement of Services Under Program.--Any PMO services or y, procured under the pilot program shall be acquired--rated competence in (1) on a competitive basis; and careers outside of education (2) from among commercial entities that--ission shall be k. (A) do not currently manage or operate facilities at a location where the pilot program is being conducted; d and term ``State'' includes the District of Columbia, (b) Request.--Upon receipt of a written certification from the ogy t [[Page 113 STAT. 951]]sion specifying the funds required for the C. n of activities of the Commission, the Secretary of Defense shall promptly '. (B) have an expertise in the management of large the construction projects.tion.s, the Commonwealth of the (c) Availability of Certain Funds.--Of the funds available for the (e) Report.--Not <> later than February 1, 2000, the Secretary shall submit to the Committees on Armed Services of the f Senate and the House of Representatives a report on the pilot program. The report shall include the assessment of the Secretary as to the Act feasibility and desirability of using PMO services for construction ut a projects of the Department. ``Troops-to-Teachers Program'')--signated of SEC. 3176. PILOT PROGRAM OF DEPARTMENT OF ENERGY TO AUTHORIZE USE er own OF PRIOR YEAR UNOBLIGATED BALANCES FOR ty to ACCELERATED SITE CLEANUP AT ROCKY FLATS ry in ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.d Year (2) to facilitate the employment of such members by local on (a) Authority To Use Amounts.--The Secretary of Energy shall carry out a pilot program under which the Secretary may use prior year (50 r unobligated balances in the defense environment management account for the closure project of the Department of Energy at the Rocky Flats be Environmental Technology Site, Colorado, for purposes of meeting onal accelerated cleanup schedule milestones with respect to that closure one project. The amount of prior year unobligated balances that are tary and obligated under the pilot program in any fiscal year may not exceed a $15,000,000.aps and legal descriptions.urisdictions concentrations of r (b) Notice <> of Intent to Use Authority.--Not less than 30 days before any obligation of funds under the pilot program n under subsection (a), the Secretary shall notify the congressional defense committees of the intent of the Secretary to make such tary of obligation.Extension of initial withdrawal and reservation..r Fiscal of Sec. 3017. Ongoing decontamination. may identify local educational cies (c) Report <> on Pilot Program.--Not later than se July 31, 2002, the Secretary shall submit to the congressional defense committees and the Committee on Commerce of the House of Representatives a report on the implementation of the pilot program carried out under e subsection (a). The report shall include the following:rogram, the t to (1) Any use of the authority under that pilot program.m, but (2) The recommendations of the Secretary as to whether--re (A) the termination date in subsection (d) should be extended; andoward satisfying certification or licensure (B) the authority under that pilot program should be applied to additional closure projects of the uge and . Department.a Prieta Wilderness.an five percent of the Sec. 3033. Maps and legal description.s-to-Teachers Program for a fiscal (d) Termination.--The authority to obligate funds under the pilot program shall cease to be in effect at the close of September 30, 2002., SEC. 3177. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM ROCKY d rves on FLATS ENVIRONMENTAL TECHNOLOGY SITE, FORCES. COLORADO, TO WASTE ISOLATION PILOT report le PLANT, NEW MEXICO.Appropriationsfollowing h members of the Armed Forces shall be eligible for selection to ation on (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 Committee on Armed Services of the Senate and the , 1990, Committee on Armed Services and the Committee on Commerce of the House of Representatives a proposed schedule for shipment of mixed and unmixed transuranic waste from the Rocky Flats Environmental Technology Site, Colorado, to the Waste Isolation Pilot Plant, New Mexico. The proposed schedule shall identify a schedule for certifying, producing, and ector delivering appropriate shipping containers.r criteria for selection as (b) Requirements Regarding Schedule.--In preparing the schedule required under subsection (a), the Secretary shall assume the following: (a) Naval Air Station Fallon Ranges, Nevada.-- 101-189; 10 U.S.C. ry [[Page 113 STAT. 952]]awal and reservation.--(A) Subject to valid ills existing rights and except as otherwise provided in this program (1) That the Rocky Flats Environmental Technology Site will have a closure date that is in 2006.ph (2), and all other areas (2) That all waste that is transferable from the Rocky Flats Environmental Technology Site to the Waste Isolation Pilot Plant will be removed from the Rocky Flats Environmental Technology ll Site by that closure date as specified in the current 2006 Rocky Flats Environmental Technology Site Closure Plan.l leasing laws. (3) That, to the maximum extent practicable, shipments of g waste from the Rocky Flats Environmental Technology Site 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.year, the Chairman shall submit to the SEC. 3178. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY FLATS are the ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.30 th (i) testing and training for aerial bombing, missile (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 t han progress in the closure of the Rocky Flats Environmental Technology s Site, Colorado. (ii) other defense-related purposes consistent with the purposes specified in this subparagraph.r-- this (b) Report Elements.--The report shall address and make rests in e recommendations on the following:ved by this subsection comprise ve 10 (1) How decisions with respect to the future use of the ada, Rocky Flats Environmental Technology Site affect ongoing cleanup at the site.ithdrawals'' on the map entitled ``Naval Air Station (2) How failure to make decisions with respect to the future use of the Rocky Flats site affect ongoing cleanup at that site. (3) Whether the Secretary of Energy could provide additional flexibility to the contractor at the Rocky Flats site in order to accelerate the cleanup of that site.ent the withdrawal and (4) Whether the Secretary could take additional actions s, throughout the nuclear weapons complex of the Department of use Energy in order to accelerate the closure of the Rocky Flats site. that paragraph shall be the primary reservation for ary (5) The developments, if any, since the April 1999 report of the Comptroller General that could alter the pace of the closure of the Rocky Flats site.all other management actions.tion 1142 (6) The possibility of closure of the Rocky Flats site by e 2006. remain responsible and liable for the subsurface estate (7) The actions that should be taken by the Secretary or n r Congress to ensure that the Rocky Flats site will be closed by f 2006. amended by Public Land Order Number 2834. The Secretary (8) The impact of the schedule to transport mixed and t and unmixed transuranic waste on the ability of the Secretary to ant close the Rocky Flats site by 2006.vation made by paragraph (1). SEC. 3179. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT, NEW as h MEXICO.ent of this Act, the Secretary of the n Navy shall ensure that the Navy complies with the portion of the 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''.th safety of operations, for Naval Air Station Fallon, Nevada, currently not more than 4,402 [[Page 113 STAT. 953]]ater per year.f one-half percent and the percent [[Page 113 STAT. 820]]ort.--The report shall address the following:on of TITLE <> XXXII-- NATIONAL NUCLEAR SECURITY ADMINISTRATION--Subject to valid existing be a Sec. 3201. Short title.pt as otherwise provided in this subtitle, the : Sec. 3202. Under Secretary for Nuclear Security of Department of Energy. Sec. 3203. Establishment of policy for National Nuclear Security s, ), Administration. the mineral leasing and geothermal Sec. 3204. Organization of Department of Energy counterintelligence and intelligence programs and activities.our years d (A) as an armament and high hazard testing area; on Subtitle A--Establishment and Organizationrocketry, .ies electronic warfare, and tactical maneuvering and air s Sec. 3211. Establishment and mission.ecting eligible members of the ves Sec. 3212. Administrator for Nuclear Security.ics development and e all Sec. 3213. Status of Administration and contractor personnel within ired Department of Energy.elated purposes consistent y Sec. 3214. Deputy Administrator for Defense Programs.aragraph.ence, Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation. Sec. 3216. Deputy Administrator for Naval Reactors.der Number 1662, s, y Sec. 3217. General Counsel.n the Federal Register on June 26, 1958, is s Sec. 3218. Staff of Administration.ts entirety.ion of a local enrollees (B) Withdrawal.--Subject to valid existing rights, Subtitle B--Matters Relating to Securitya labeled . ``Pahutentified by the administering Secretary, in ons t Sec. 3231. Protection of national security information.ation, as in on Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of Defense Nuclear Security.entary or secondary force Sec. 3233. Counterintelligence programs.cted on the map referred to in Sec. 3234. Procedures relating to access by individuals to classified areas and information of Administration.uding the Sec. 3235. Government access to information on Administration computers. Sec. 3236. Congressional oversight of special access programs.ient arine (C) Reservation.--The lands withdrawn under ction to Subtitle C--Matters Relating to Personnelthe Secretary of Energy as an integral part of the Nevada Test Site. Sec. 3241. Authority to establish certain scientific, engineering, and technical positions.d under this paragraph, except Sec. 3242. Voluntary early retirement authority.ecretary in which the le Sec. 3243. Severance pay.t of interior.--Notwithstanding the Desert Sec. 3244. Continued coverage of health care benefits.ation made by , Executive Order No. 7373, dated May 20, 1936, as amended by uch Subtitle D--Budget and Financial Management66, and Public Land Order Number 7070, dated August 4, 1994, the lands depicted Sec. 3251. Separate treatment in budget.red to in paragraph (4) are, or Sec. 3252. Planning, programming, and budgeting process.aragraph aster l Sec. 3253. Future-years nuclear security program.risdiction of the a d e Secretary of the Air Force, who shall manage the lands in begin Subtitle E--Miscellaneous Provisionsg referred to in . paragraph (5)(E). The Secretary of the Interior shall retain d Sec. 3261. Environmental protection, safety, and health requirements.on Sec. 3262. Compliance with Federal Acquisition Regulation.n violation of Sec. 3263. Sharing of technology with Department of Defense.rests in ng Sec. 3264. Use of capabilities of national security laboratories by ise entities outside the Administration.ncoln, and Nye Counties, Nevada, as generally depicted on the map entitled n of Subtitle F--Definitionsed Withdrawal rmed ts of Extension'', dated April 22, 1999, and filed in accordance with Sec. 3281. Definitions.orarily totally disabled for a period of time not (5) Desert national wildlife refuge.--orn affidavit of a ion Subtitle G--Amendatory Provisions, Transition Provisions, and Effective Dates this subtitle, the Secretary of the Interior shall exercise administrative jurisdiction Sec. 3291. Functions transferred.ational Wildlife Refuge (except for the Sec. 3292. Transfer of funds and employees.ubsection) through the United Sec. 3293. Pay levels. Fish and Wildlife Service in accordance with the Sec. 3294. Conforming amendments. Refuge System Administration Act of Sec. 3295. Transition provisions.68dd et seq.), this subtitle, and other Sec. 3296. Applicability of preexisting laws and regulations.ge System. Sec. 3297. Report containing implementation plan of Secretary of Energy. Sec. 3298. Classification in United States Code. or the Act of July 31, Sec. 3299. Effective dates.nly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), no mineral material resources may SEC. 3201. <> SHORT TITLE.sert National s of Wildlife Refuge that are not depicted as impact areas on This title may be cited as the ``National Nuclear Security ANTS.gy Administration Act''.dance with the procedures set forth in the that ), memorandum of understanding referred to in subparagraph [[Page 113 STAT. 954]]y shall pay to each participant in the Troops-to-e (C) Access restrictions.--If the Secretary of the SEC. 3202. UNDER SECRETARY FOR NUCLEAR SECURITY OF DEPARTMENT OF blic ENERGY.al security require the closure to the public of any road, trail, or other portion of the o he Section 202 of the Department of Energy Organization Act (42 U.S.C. 7132) is amended by adding at the end the following new subsection:take ``(c)(1) There shall be in the Department an Under Secretary for e Nuclear Security, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be igh compensated at the rate provided for at level III of the Executive , Schedule under section 5314 of title 5, United States Code.paragraph (1) ``(2) The Under Secretary for Nuclear Security shall be appointed h from among persons who--stablish new or enhanced surface safety zones. ``(A) have extensive background in national security, l on organizational management, and appropriate technical fields; and ``(B) are well qualified to manage the nuclear weapons, and nonproliferation, and materials disposition programs of the e e- National Nuclear Security Administration in a manner that on and advances and protects the national security of the United ith States. Administration Act of 1966 (16 U.S.C. 668dd et a seq.) or any other law related to management of he ``(3) The Under Secretary for Nuclear Security shall serve as the Administrator for Nuclear Security under section 3212 of the National r Nuclear Security Administration Act. In carrying out the functions of ct the Administrator, the Under Secretary shall be subject to the ife Drum authority, direction, and control of the Secretary. Such authority, from direction, and control may be delegated only to the Deputy Secretary of Energy, without redelegation.''.ary of the Interior and the Secretary of SEC. 3203. ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR SECURITY ands ot ADMINISTRATION.y the Air Force within the s external boundaries of the Desert National out ry (a) Establishment of Policy for Administration.--The Department of t Energy Organization Act is amended by adding at the end of title II (42 U.S.C. 7131 et seq.) the following new section:is subtitle, in which case such memorandum of understanding ``Sec. 213. (a) <> The Secretary shall be the responsible for establishing policy for the National Nuclear Security Administration. after the date of the enactment of this Act. term (E) Memorandum of understanding.--(i) The Secretary ``(b) The Secretary may direct officials of the Department who are r not within the National Nuclear Security Administration to review the y programs and activities of the Administration and to make subtitle, he recommendations to the Secretary regarding administration of those for programs and activities, including consistency with other similar and programs and activities of the Department.ure military aviation training ``(c) The Secretary shall have adequate staff to support the . Secretary in carrying out the Secretary's responsibilities under this h section.''. and the Department of the Interior, including any cipant (b) Clerical Amendment.--The table of contents at the beginning of the Department of Energy Organization Act is amended by inserting after the item relating to section 212 the following new item:isting under memorandum of understanding provided for in this , from ``213. Establishment of policy for National Nuclear Security the tion of Administration.''.the Air Force shall extend the memorandum of understanding for a period that coincides with the [[Page 113 STAT. 955]]on of the withdrawal of the lands constituting f Nellis Air Force Range under this subtitle.rs to the or SEC. 3204. ORGANIZATION OF DEPARTMENT OF ENERGY aph shall be construed COUNTERINTELLIGENCE AND INTELLIGENCE d the d a PROGRAMS AND ACTIVITIES.vising the memorandum of understanding at any future time should they mutually (a) Establishment of Offices.--The Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is amended by inserting after section 213, as added by section 3203(a), the following new sections: days after the date on which the Secretary of the Interior nt ``Sec. 214. <> The Secretary shall be responsible for developing and promulgating the security, counterintelligence, and intelligence ) policies of the Department. The Secretary may use the immediate staff of the Secretary to assist in developing and promulgating those policies.- release a participant from the obligation to reimburse the administering ``Sec. <> 215. (a) There is within the ' means Department an Office of Counterintelligence.er this subsection shall e (F) Acquisition of replacement property.--(i) In in ``(b)(1) The head of the Office shall be the Director of the Office of Counterintelligence, which shall be a position in the Senior shall Executive Service. The Director of the Office shall report directly to the Secretary. Air Force such sums as may be necessary for the t a of ``(2) The Secretary shall select the Director of the Office from in among individuals who have substantial expertise in matters relating to counterintelligence.(ii) The Secretary of the Air Force may, using funds ``(3) The Director of the Federal Bureau of Investigation may care detail, on a reimbursable basis, any employee of the Bureau to the treme Department for service as Director of the Office. The service of an rs 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.of ``(c)(1) The Director of the Office shall be responsible for cretary establishing policy for counterintelligence programs and activities at g Department facilities in order to reduce the threat of disclosure or f ' loss of classified and other sensitive information at such facilities.es ``(2) The Director of the Office shall be responsible for uipped to establishing policy for the personnel assurance programs of the ) shall Department. be deemed complete upon written notification from the . ``(3) The Director shall inform the Secretary, the Director of ir ar Central Intelligence, and the Director of the Federal Bureau of s.--The Investigation on a regular basis, and upon specific request by any such official, regarding the status and effectiveness of the eceived by the counterintelligence programs and activities at Department facilities.ir ``(d)(1) <> Not later than March 1 each d year, the Director of the Office shall submit a report on the status and effectiveness of the counterintelligence programs and activities at each Department facility during the preceding year. Each such report shall be submitted to the following:s otherwise provided in this subtitle, all ``(A) The Secretary.ands within the boundaries established ``(B) The Director of Central Intelligence.s and the Yukon ``(C) The Director of the Federal Bureau of Investigation. ``(D) The Committee on Armed Services and the Permanent der Select Committee on Intelligence of the House of nd the mineral Representatives.hermal leasing laws. Such lands are reserved for use by the Secretary of the Army for--raph (1) in any fiscal ram [[Page 113 STAT. 956]]) military maneuvering, training, and equipment RE development and testing;07.>> OF ORIGINAL PROGRAM; h (1) ``(E) The Committee on Armed Services and the Select . The Committee on Intelligence of the Senate. maneuvering and air he support; andction 1151 of title 10, United States Code, ``(2) Each such report shall include for the year covered by the h report the following:urposes specified in this paragraph. 58 of such ``(A) A description of the status and effectiveness of the counterintelligence programs and activities at Department ll not facilities.ly 869,862 acres of land in the Fairbanks North Star ``(B) A description of any violation of law or other tion, requirement relating to intelligence, counterintelligence, or n security at such facilities, including--87, and filed in h to ``(i) the number of violations that were sing; and investigated; andives of the Department of Defense to ``(ii) the number of violations that remain e the unresolved.and reservation.--Subject to valid existing ``(C) A description of the number of foreign visitors to Department facilities, including the locations of the visits of such visitors.r Range of Fort Bliss, as referred to in paragraph ``(D) The adequacy of the Department's procedures and under policies for protecting national security information, making l such recommendations to Congress as may be appropriate.erved for ``(E) A determination of whether each Department of Energy r national laboratory is in full compliance with all departmental security requirements and, in the case of any such laboratory that is not, what measures are being taken to bring that aph (1) laboratory into compliance.neuvering, training, and equipment r development and testing;retary of Defense shall submit ``(3) <> Not less than 30 days before the date that the report required by paragraph (1) is submitted, the director of each Department of Energy national laboratory shall certify in writing to the Director of the Office whether that laboratory is in full compliance and with all departmental security requirements and, if not, what measures . are being taken to bring that laboratory into compliance and a schedule for implementing those measures..--The public lands and interests in f y lands withdrawn and reserved by this subsection comprise 608,385 ``(4) Each report under this subsection as submitted to the depicted committees referred to in subparagraphs (D) and (E) of paragraph (1) 3, shall be submitted in unclassified form, but may include a classified al annex.on the effectiveness of the n l f SEC. 3012. MAPS AND LEGAL DESCRIPTIONS.itment and retention of qualified ``Sec. 216. <> (a) There is within the ability Department an Office of Intelligence.oon as practicable after the date o of the enactment of this Act, the Secretary of the Interior shall--l ``(b)(1) The head of the Office shall be the Director of the Office of Intelligence, which shall be a position in the Senior Executive of Service. The Director of the Office shall report directly to the ers f r Secretary. (2) file maps and the legal descriptions of the lands tion ``(2) The Secretary shall select the Director of the Office from among individuals who have substantial expertise in matters relating to foreign intelligence.the House of Representatives. participants.States ``(c) Subject to the authority, direction, and control of the Secretary, the Director of the Office shall perform such duties and ll exercise such powers as the Secretary may prescribe.''.ubtitle, except e (b) Clerical Amendment.--The table of contents at the beginning of the Department of Energy Organization Act is amended by inserting after the item relating to section 213, as added by section 3203(b), the d ns following new items:hall be available for public inspection in the ls in offices of the Director and appropriate State Directors and field office ``214. Establishment of security, counterintelligence, and intelligence policies.allon, Nevada, the offices of the Director and effect ``215. Office of Counterintelligence. United States Fish and Wildlife 05 ``216. Office of Intelligence.''.der, Nellis Air Force Base, Nevada, the office of the commander, Fort Bliss, Texas, the office of the commander, [[Page 113 STAT. 957]]he office of the commander, Fort Wainwright, Alaska, and the Office of the Secretary of Defense. of Education or the Subtitle A--Establishment and Organizationimburse the e. Secretary of the Interior for any costs incurred by the Secretary of the SEC. 3211. <> ESTABLISHMENT AND MISSION.ral under SEC. 3013. TERMINATION OF WITHDRAWALS IN MILITARY LANDS WITHDRAWAL ler s (a) Establishment.--There is established within the Department of Energy a separately organized agency to be known as the National Nuclear Security Administration (in this title referred to as the awals made by ``Administration'').ithdrawal Act of 1986 (Public Law 99-606) shall a (b) Mission.--The mission of the Administration shall be the that following:provements in the deployability and mobility of Alliance ives (1) To enhance United States national security through the military application of nuclear energy. $3,000,000 shall be (2) To maintain and enhance the safety, reliability, and . performance of the United States nuclear weapons stockpile, of including the ability to design, produce, and test, in order to meet national security requirements.n 3011 pursuant to the d (3) To provide the United States Navy with safe, militarily effective nuclear propulsion plants and to ensure the safe and y reliable operation of those plants.esert National Wildlife the (4) To promote international nuclear safety and geance. nonproliferation.cal Year 2000''.r public relations purposes of (5) To reduce global danger from weapons of mass n January destruction. TITLE XXI--ARMYall submit to the Committees (6) To support United States leadership in science and and technology.cable law. No provision of this subtitle, except s. sections 3011(b)(5)(D), 3020, and 3021, shall apply to the nated (c) Operations and Activities To Be Carried Out Consistent With em: Certain Principles.--In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of protecting the environment and safeguarding the safety and health of the public and of the workforce of the Administration.tment of this Act;priated pursuant o (B) the protection of wildlife and wildlife habitat; SEC. 3212. <> ADMINISTRATOR FOR NUCLEAR SECURITY.y (D) recreation; andions and locations inside the (a) In General.--(1) There is at the head of the Administration an d Administrator for Nuclear Security (in this title referred to as the a ``Administrator'').ivities.e Defense Capabilities Initiative.r the y of (2) Pursuant to subsection (c) of section 202 of the Department of e Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of this Act, the Under Secretary for Nuclear Security of the Department of Energy serves as the Administrator.aragraph, shall be subject to such (b) Functions.--The Administrator has authority over, and is o nding responsible for, all programs and activities of the Administration ses - (except for the functions of the Deputy Administrator for Naval Reactors specified in the Executive order referred to in section 3216(b)), ----- including the following:y of the Interior may issue a lease, easement, 0 (1) Strategic management.r authorization with respect to the (2) Policy development and guidance.d to in paragraph (2) 00 (3) Budget formulation, guidance, and execution, and other 0 financial matters.epartment concerned.......... $32,400,000 (4) Resource requirements determination and allocation.0,000 (5) Program management and direction....... $4,400,000 (6) Safeguards and security.etary of the military department (7) Emergency management.itary operations, public safety, or (8) Integrated safety management. to public use of any road, (9) Environment, safety, and health operations.subtitle, le, that Secretary may take such action as that Secretary determines [[Page 113 STAT. 958]]esirable to effect and maintain such closure.0,000 (2) Limitations.--Any closure under paragraph (1) shall be 0 (10) Administration of contracts, including the management and operations of the nuclear weapons production facilities and the national security laboratories.rmy Depot... $6,000,000 (11) Intelligence.e and during any closure under this 00,000 (12) Counterintelligence.the military department concerned 0 (13) Personnel, including the selection, appointment, 00,000 distribution, supervision, establishing of compensation, and 000 separation of personnel in accordance with subtitle C of this 00 title. concerning such closure.retary of Defense shall klog of (14) Procurement of services of experts and consultants in 0 accordance with section 3109 of title 5, United States Code.,000 (15) Legal matters. of the military department concerned, 00 (16) Legislative affairs.nt of each area withdrawn by 00,000 (17) Public affairs.f withdrawal under this subtitle. Each 0 (18) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local 00,000 governments, and the public.nditions and restrictions specified in subsection (a)(3); Ammunition. under the regulations omatic (c) Procurement Authority.--The Administrator is the senior proper 0 procurement executive for the Administration for the purposes of section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 400,000 414(3))...................... Fort Bliss.............. $52,350,000 (d) Policy Authority.--The Administrator may establish $84,500,000 Administration-specific policies, unless disapproved by the Secretary of Energy. (4) be developed not later than two years after the date of SEC. 3213. STATUS <> OF ADMINISTRATION AND 2,900,000 CONTRACTOR PERSONNEL WITHIN DEPARTMENT 000,000 OF ENERGY.Lewis.............. $23,400,000 (1) In general.--The Secretary of the military department 00 (a) Status of Administration Personnel.--Each officer or employee of the Administration, in carrying out any function of the Administration-- (1) shall be responsible to and subject to the authority, -- direction, and control of--istance from the Bureau of Land ort (A) the Secretary acting through the Administrator and consistent with section 202(c)(3) of the Department of Energy Organization Act;erty and carry out military (B) the Administrator; or Land Management to provide (C) the Administrator's designee within the agraph Administration; andt of the Secretary of the military h (2) shall not be responsible to, or subject to the at of authority, direction, or control of, any other officer, ication employee, or agent of the Department of Energy.reau of Land ---- Management as compensation for any assistance so untect (b) Status of Contractor Personnel.--Each officer or employee of a - contractor of the Administration, in carrying out any function of the 00 Administration, shall not be responsible to, or subject to the 3,050,000 authority, direction, or control of, any officer, employee, or agent of the Department of Energy who is not an employee of the Administration, - except for the Secretary of Energy consistent with section 202(c)(3) of the Department of Energy Organization Act.lement the management plan for (c) Construction of Section.--Subsections (a) and (b) may not be interpreted to in any way preclude or interfere with the communication of technical findings derived from, and in accord with, duly authorized activities between (1) the head, or any contractor employee, of a his ch national security laboratory or of a nuclear weapons production b) of facility, and (2) the Department of Energy, the President, or Congress. (f) Additional Military Uses.--n.--Using amounts appropriated [[Page 113 STAT. 959]]eral.--Lands withdrawn by section 3011 (except lands within the Desert National Wildlife Refuge) may be used ly SEC. 3214. DEPUTY <> ADMINISTRATOR FOR DEFENSE the e PROGRAMS.ch section.following table: Respect (2) Notice.--The Secretary of Defense shall promptly notify (a) In General.--There is in the Administration a Deputy withdrawn Administrator for Defense Programs, who is appointed by the President, r by and with the advice and consent of the Senate.ovisions of section ------------------------------------------- (b) Duties.--Subject to the authority, direction, and control of the Purpose Amount Administrator, the Deputy Administrator for Defense Programs shall hall ---------------------------------------- perform such duties and exercise such powers as the Administrator may Units..................... $24,000,000 prescribe, including the following:s, and the extent to which such use nits..................... $8,000,000 (1) Maintaining and enhancing the safety, reliability, and nits..................... $9,000,000 performance of the United States nuclear weapons stockpile, --------------- including the ability to design, produce, and test, in order to otal.................... $41,000,000 meet national security requirements.ATION.-------------------------------------------------------------- (2) Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories.the (3) Directing, managing, and overseeing assets to respond to incidents involving nuclear weapons and materials.or the and he withdrawals provided for under subsections (a) and (b) of section 3011 (c) Relationship to Laboratories and Facilities.--The head of each national security laboratory and nuclear weapons production facility wn shall, consistent with applicable contractual obligations, report to the Deputy Administrator for Defense Programs.s Withdrawal Act of 1986 t any SEC. 3215. DEPUTY <> ADMINISTRATOR FOR DEFENSE ctive NUCLEAR NONPROLIFERATION.of appropriations in sections 2104(a)(5)(A), the Secretary of the Army may improve existing (a) In General.--There is in the Administration a Deputy 400,000.re Administrator for Defense Nuclear Nonproliferation, who is appointed by the President, by and with the advice and consent of the Senate.On the e (b) Duties.--Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Nuclear ppropriation Nonproliferation shall perform such duties and exercise such powers as f the Administrator may prescribe, including the following:of the Interior (1) Preventing the spread of materials, technology, and ate expertise relating to weapons of mass destruction.in and opened. (2) Detecting the proliferation of weapons of mass destruction worldwide.onstruction projects outside the United (3) Eliminating inventories of surplus fissile materials n usable for nuclear weapons.reservation of lands under this zed f (4) Providing for international nuclear safety.d shall . SEC. 3216. DEPUTY <> ADMINISTRATOR FOR NAVAL her the REACTORS.tinuing military need after such termination date for all or any portion of such lands.ver the course of (a) In General.--(1) There is in the Administration a Deputy submit Administrator for Naval Reactors. The director of the Naval Nuclear ment Propulsion Program provided for under the Naval Nuclear Propulsion ry 5 Executive Order shall serve as the Deputy Administrator for Naval ry of Reactors.he military department concerned shall--amily housing Secretary (2) Within the Department of Energy, the Deputy Administrator shall report to the Secretary of Energy through the Administrator and shall , have direct access to the Secretary and other senior officials in the Department. such lands; andrth, Kansas, authorized in section any (b) Duties.--The Deputy Administrator shall be assigned the within responsibilities, authorities, and accountability for all functions of n the Office of Naval Reactors under the Naval Nuclear Propulsion be tion Executive Order.reservation of such lands.s established pursuant to st (c) Effect on Executive Order.--Except as otherwise specified in al this section and notwithstanding any other provision of processing on Federal land withdrawals, an application for extension under by [[Page 113 STAT. 960]]shall be considered complete if the application includes the following: Construction Authorization Act for h this title, the provisions of the Naval Nuclear Propulsion Executive Order remain in full force and effect until changed by law.nformation o (d) Naval Nuclear Propulsion Executive Order.--As used in this of section, the Naval Nuclear Propulsion Executive Order is Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) (as in force B pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 42 U.S.C. 7158 note)).et development center, e (B) A copy of the most recent report prepared in zed SEC. 3217. <> GENERAL COUNSEL.U.S.C. 670 et seq.). Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 There is a General Counsel of the Administration. The General the ty Counsel is the chief legal officer of the Administration.re that any legislative proposal for the extension of the withdrawal and reservation SEC. 3218. <> STAFF OF ADMINISTRATION.later than May 1 of the year preceding the year in which the withdrawal and reservation (a) In General.--The Administrator shall maintain within the Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator.title, the e , (b) Responsibilities.--The staff of the Administration shall ish all perform, in accordance with applicable law, such of the functions of the Administrator as the Administrator shall prescribe. The Administrator o shall assign to the staff responsibility for the following functions:n (1) Personnel.Atoll, Kwajalein, authorized in section er e (2) Legislative affairs.truction Authorization Act for . (3) Public affairs.ion B of Public Law 105-261; 112 Stat. (4) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local der governments, and the public.ation of the withdrawal of lands under this subtitle, the Secretary of the military department concerned Subtitle B--Matters Relating to Securitye, maintain a , program of decontamination of such lands consistent with applicable s n SEC. 3231. PROTECTION <> OF NATIONAL SECURITY urred INFORMATION.rized to be appropriated under (1) Requirement.--Not <> later than 45 days (a) Policies and Procedures Required.--The Administrator shall the establish procedures to ensure the maximum protection of classified ter information in the possession of the Administration.ecretary of each (b) Prompt Reporting.--The Administrator shall establish procedures to ensure prompt reporting to the Administrator of any significant urces problem, abuse, violation of law or Executive order, or deficiency ary; relating to the management of classified information by personnel of the Administration.tion of the decontamination efforts undertaken on lands SEC. 3232. OFFICE <> OF DEFENSE NUCLEAR ecretary COUNTERINTELLIGENCE AND OFFICE OF ion cretary DEFENSE NUCLEAR SECURITY.h lands during the r next fiscal year.or the construction of a tactical equipment es (a) Establishment.--(1) There are within the Administration--cture. (A) an Office of Defense Nuclear Counterintelligence; andr (B) an Office of Defense Nuclear Security.ated or expended , for decontamination of such lands.al, Arkansas); and (2) Each office established under paragraph (1) shall be headed by a Chief appointed by the Secretary of Energy. The Administrator shall ved recommend to the Secretary suitable candidates for each such position.er (b) Chief of Defense Nuclear Counterintelligence.--(1) The head of h the Office of Defense Nuclear Counterintelligence is the Chief of d and Defense Nuclear Counterintelligence, who shall report to the arfare.le Administrator and shall implement the counterintelligence policies he directed by the Secretary and Administrator.amination.ate and local ead (2) The Secretary shall appoint the Chief, in consultation with the Director of the Federal Bureau of Investigation, from amongsuch (1) Duties before notice of intent to relinquish.--Before [[Page 113 STAT. 961]] notice of intent to relinquish lands under roject section 3016(d), the Secretary of Defense, acting through the , individuals who have special expertise in counterintelligence. If an a individual to serve as the Chief of Defense Nuclear Counterintelligence is a Federal employee of an entity other than the Administration, the us service of that employee as Chief shall not result in any loss of e rmed employment status, right, or privilege by that employee.y of any rce (3) The Chief shall have direct access to the Secretary and all (1) other officials of the Department and the contractors of the Department concerning counterintelligence matters.tion 3016(d).rations of the s (4) The Chief shall be responsible for--Register, publication.>> of (A) the development and implementation of the terior shall counterintelligence programs of the Administration to prevent the disclosure or loss of classified or other sensitive ted s information; andds that is transmitted under this subsection.d (B) the development and administration of personnel 97 dent assurance programs within the Administration.uishment.--If the Secretary of the Interior, after consultation with the Secretary of the (c) Chief of Defense Nuclear Security.--(1) The head of the Office r of Defense Nuclear Security is the Chief of Defense Nuclear Security, er who shall report to the Administrator and shall implement the security policies directed by the Secretary and Administrator. opened to the in l (2) The Chief shall have direct access to the Secretary and all s e other officials of the Department and the contractors of the Department concerning security matters.opriations in section 2204(a)(1), the ified (3) The Chief shall be responsible for the development and ilitary implementation of security programs for the Administration, including the protection, control and accounting of materials, and for the le:r n physical and cyber security for all facilities of the Administration..ch (e) Status of Contaminated Lands.--If because of their contaminated SEC. 3233. <> COUNTERINTELLIGENCE PROGRAMS.tion over lands withdrawn by this subtitle which have been proposed for ---------- (a) National Security Laboratories and Nuclear Weapons Production s Facilities.--The Administrator shall, at each national security ome of - laboratory and nuclear weapons production facility, establish and ch 000 maintain a counterintelligence program adequate to protect national ,000 security information at that laboratory or production facility.ned shall (b) Other Facilities.--The Administrator shall, at each taminated e Administration facility not described in subsection (a) at which nto 000 Restricted Data is located, assign an employee of the Office of Defense Nuclear Counterintelligence who shall be responsible for and assess ted counterintelligence matters at that facility. the military department 00 SEC. 3234. PROCEDURES <> RELATING TO ACCESS BY t in INDIVIDUALS TO CLASSIFIED AREAS AND $4,670,000 INFORMATION OF ADMINISTRATION. concerned shall submit to the Secretary of the Interior and Congress a report on The Administrator shall establish appropriate procedures to ensure that any individual is not permitted unescorted access to any classified area, or access to classified information, of the Administration until , that individual has been verified to hold the appropriate security 0,000 clearances. (1) Authority.--Notwithstanding any other provision of law, SEC. 3235. GOVERNMENT <> ACCESS TO INFORMATION the 0 ON ADMINISTRATION COMPUTERS.nds proposed for relinquishment under section 3016(d), may revoke the withdrawal (a) Procedures Required.--The Administrator shall establish es to of procedures to govern access to information on Administration computers. Those procedures shall, at a minimum, provide that any individual who 00 has access to information on an Administrationevoke the withdrawal and . reservation of lands under paragraph (1), the Secretary of the 0 [[Page 113 STAT. 962]] publish in the Federal Register an appropriate 00 order which shall-- Whiting Field, Milton...n 4711.; and computer shall be required as a condition of such access to provide to h the Administrator written consent which permits access by an authorized investigative agency to any Administration computer used in the performance of the duties of such employee during the period of that 000 individual's access to information on an Administration computer and for a period of three years thereafter.ate on which such lands will be d as (b) Expectation of Privacy in Administration Computers.-- public 000 Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986), no 00 user of an Administration computer shall have any expectation of privacy in the use of that computer. Naval Submarine Base, $29,460,000 (c) Definition.--For purposes of this section, the term ``authorized investigative agency'' means an agency authorized by law or regulation 0 to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to f the s ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.e approved and signed only by the SEC. 3236. CONGRESSIONAL <> OVERSIGHT OF r, or an SPECIAL ACCESS PROGRAMS.er, $57,290,000 Great Lakes.............a) is subject to (a) Annual Report on Special Access Programs.--(1) Not later than 00 February 1 of each year, the Administrator shall submit to the hhold, or congressional defense committees a report on special access programs of the Administration.United States with respect to any water or water rt (2) Each such report shall set forth-- provision of this subtitle 00 (A) the total amount requested for such programs in the s President's budget for the next fiscal year submitted under ,000 section 1105 of title 31, United States Code; andding at the end (B) for each such program in that budget, the following:,000 (i) A brief description of the program.ority.isease (ii) A brief discussion of the major milestones ,000 established for the program.. This section shall not be (iii) The actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted. (iv) The estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be g, and conducted. National Wildlife Refuge shall be conducted 0 in accordance with the National Wildlife Refuge System Administration (b) Annual Report on New Special Access Programs.--se of Wildlife 00 (1) <> Not later than February 1 of each year, the e to Administrator shall submit to the congressional defense committees a 000 report that, with respect to each new special access program, provides-- (A) notice of the designation of the program as a special access program; and Beaufort.he Secretary of Transportation. (B) justification for such designation..--e. $11,780,000 (1) Determination.--As soon as practicable after the date of (2) A report under paragraph (1) with respect to a program shall include--hereafter, the Secretary of the Interior shall determine, with (A) the current estimate of the total program cost for the 0 program; andhich public and acquired lands covered by section 00 (B) an identification of existing programs or technologies 0 that are similar to the technology, or that have a mission eral similar to the mission, of the program that is the subject of d the notice.47, the Geothermal Steam Act of 1970, or any one or 0 more of such Acts. Atlantic, Dam Neck......e beginning of [[Page 113 STAT. 963]]ions.--The Secretary of the Interior may not make any determination otherwise required under paragraph (1) with s: (3) In this subsection, the term ``new special access program'' fe means a special access program that has not previously been covered in a notice and justification under this subsection.gister, .GENCY.hat is al (c) Reports on Changes in Classification of Special Access a notice Programs.--(1) Whenever a change in the classification of a special e 0, access program of the Administration is planned to be made or whenever 0 classified information concerning a special access program of the Administration is to be declassified and made public, the Administrator shall submit to the congressional defense committees a report containing a description of the proposed change, the reasons for the proposed ed in change, and notice of any public announcement planned to be made with -- respect to the proposed change. opening to the operation of one or more (2) <> Except as provided in paragraph (3), any to report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur. projects for the locations outside the United States, and (c) Exception for Common Varieties.--No deposit of minerals or e r (3) If the Administrator determines that because of exceptional , circumstances the requirement of paragraph (2) cannot be met with under respect to a proposed change or public announcement concerning a special access program of the Administration, the Administrator may submit the - report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public ned, shall announcement is made and shall include in the report an explanation of y the exceptional circumstances. and unimpeded use of the lands covered by (d) Notice of Change in SAP Designation Criteria.--Whenever there is a modification or termination of the policy and criteria used for any, l designating a program of the Administration as a special access program, the Administrator shall promptly notify the congressional defense 40,000 committees of such modification or termination. Any such notification - shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.f t (e) Waiver Authority.--(1) The Administrator may waive any ew item: requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Administrator : to determines that inclusion of that information in the report would n by adversely affect the national security. The Administrator may waive the report-and-wait requirement in subsection (f) if the Administrator place determines that compliance with such requirement would adversely affect the national security. Any waiver under this paragraph shall be made on a case-by-case basis.ing claims located pursuant to this subtitle shall (2) If the Administrator exercises the authority provided under t of paragraph (1), the Administrator shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and under ---------------------------------------- ranking minority member of each of the congressional defense committees. Purpose Amount (f) Report and Wait for Initiating New Programs.--A special access .---------------------------------------- program may not be initiated until--.... Marine Corps Air Station, 49 Units................... $8,500,000 (1) the congressional defense committees are notified of the program; andeneral.--Patents issued pursuant to this subtitle 116 Units.................. $20,188,000 (2) a period of 30 days elapses after such notification is 00 Units.................. $26,615,000 received.ether with the right to use so much of the surface as may be necessary for purposes incident to mining under the .. 30 Units................... $8,000,000 [[Page 113 STAT. 964]] such use established by the Secretary of the . 133 Units.................. $30,168,000 Interior by regulation. Naval Base, Pearl Harbor... 96 Units................... $19,167,000 Subtitle C--Matters Relating to Personnelparagraph (1) 180 Units.................. $22,036,000 shall contain a reservation to the United States of the surface SEC. 3241. AUTHORITY <> TO ESTABLISH CERTAIN such ------------- SCIENTIFIC, ENGINEERING, AND TECHNICAL Total.................. $134,674,000 POSITIONS.-For purposes of this subsection, ------------------------------------------ all minerals subject to location under the Mining Law of 1872 d The Administrator may, for the purposes of carrying out the t to the responsibilities of the Administrator under this title, establish not y more than 300 scientific, engineering, and technical positions in the e Administration, appoint individuals to such positions, and fix the of compensation of such individuals. Subject to the limitations in the eed preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the ), Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 161 d. of the Atomic ion Energy Act of 1954 (42 U.S.C. 2201(d)) to make appointments and fix use compensation with respect to officers and employees described in such section. family housing units in an amount not to exceed $181,882,000.of SEC. 3242. VOLUNTARY <> EARLY RETIREMENT ment of ent AUTHORITY.ATIONS, NAVY. The United States and all departments or agencies thereof shall be (a) Authority.--An employee of the Department of Energy who is o or separated from the service under conditions described in subsection (b) after completing 25 years of service or after becoming 50 years of age f and completing 20 years of service is entitled to an annuity in as 105- accordance with the provisions in chapter 83 or 84 of title 5, United - States Code, as applicable.y construction projects inside the United gh (b) Conditions of Separation.--Subsection (a) applies to an employee who-- (2) For military construction projects outside the United d (1) has been employed continuously by the Department of Act Energy for more than 30 days before the date on which the except Secretary of Energy makes the determination required under s in paragraph (4)(A);boundaries established at the Barry M. of (2) is serving under an appointment that is not limited by time;rawn from all forms of appropriation under the general land (3) has not received a decision notice of involuntary d y separation for misconduct or unacceptable performance that is pending decision; andvernment, and between the Federal nd (4) is separated from the service voluntarily during a period with respect to which--on and acquisition, planning and (A) the Secretary of Energy determines that the y of Department of Energy is undergoing a major shall not l reorganization as a result of the establishment of the National Nuclear Security Administration; andse by the (B) the employee is within the scope of an offer of voluntary early retirement (as defined by organizational unit, occupational series or level, geographical of the location, any other similar factor that the Office of a Personnel Management determines appropriate, or any 000. combination of such definitions of scope), as determined by the Secretary under regulations prescribed by the to Office. equipment and tactics development and testing; andode, and any other cost variation authorized by law, (c) Treatment of Employees.--For purposes of chapters 83 and 84 of title 5, United States Code (including for purposes of computation of an annuity under such chapters), an employee entitled to an annuity under this section shall be treated as an employee entitled to an annuity be under section 8336(d) or 8414(b) of such title, as applicable.a, and er (d) Definitions.--As used in this section, the terms ``employee'' n and ``annuity''--``Barry M. Goldwater Range Land Withdrawal'', dated s June 17, 1999, and filed in accordance with section 3033. under [[Page 113 STAT. 965]]ation of current withdrawal.--Except as otherwise provided in section 3032, as to the lands withdrawn by section (1) with respect to individuals covered by the Civil Service Retirement System established in subchapter III of chapter 83 of title 5, United States Code, have the meaning of such terms as d used in such chapter; andember 6, 2001, or until the reduced (2) with respect to individuals covered by the Federal nds Employees Retirement System established in chapter 84 of such ct title, have the meaning of such terms as used in such chapter., Wildlife Refuge shall terminate on the date of the enactment of (e) Limitation and Termination of Authority.--The authority provided in subsection (a)--nges in use.--The Secretary of the Navy and the ject (1) may be applied with respect to a total of not more than 600 employees of the Department of Energy; andand reserved by to (2) shall expire on September 30, 2003. purposes specified n in paragraph (2).0, which represents the combination of savings SEC. 3243. SEVERANCE PAY.ibes.--Nothing in this section shall be le d construed as altering any rights reserved for Indians by treaty Section 5595 of title 5, United States Code, is amended by adding at the end the following new subsection:tary of the Interior, in 1997 five ``(j)(1) In the case of an employee of the Department of Energy who is entitled to severance pay under this section as a result of the e of establishment of the National Nuclear Security Administration, the gical Secretary of Energy may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.nt of such ``(2)(A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the l government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under h (A), subsection (d) upon such reemployment, the employee shall repay to the , Department of Energy an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have l been paid to the employee under subsection (d) by reason of such es le reemployment.red to in subparagraph (A) on the lands referred to in that ``(B) The period of service represented by an amount of severance he pay repaid by an employee under subparagraph (A) shall be considered ces service for which severance pay has not been received by the employee h under this section. TITLE XXIII--AIR FORCE paragraph shall be uding ``(C) Amounts repaid to the Department of Energy under this ur by y paragraph shall be credited to the appropriation available for the pay , of employees of the agency for the fiscal year in which received. he e Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that s Draft appropriation.ative Environmental Impact Statement, dated September ``(3) If an employee fails to repay to the Department of Energy an amount required to be repaid under paragraph (2)(A), that amount is the recoverable from the employee as a debt due the United States.''.ent, SEC. 3244. CONTINUED COVERAGE OF HEALTH CARE BENEFITS.priated pursuant y (i) Area 1 (the Sand Tank Mountains) containing e Section 8905a(d)(4)(A) of title 5, United States Code, is amended by inserting ``, or the Department of Energy due to a reduction in force of resulting from the establishment of the National Nuclear Security lowing Administration'' after ``reduction in force''.unding the Ajo Airport) containing approximately 2,779 acres.on a quarterly bmit [[Page 113 STAT. 966]]v) Interstate 8 Vicinity Non-renewal Area e ange l containing approximately 1,090 acres.sctivities.t the Subtitle D--Budget and Financial Managementr after the -- date of the enactment of this Act, the Secretary of the Interior SEC. 3251. SEPARATE <> TREATMENT IN BUDGET.s of the study required by subparagraph (A).Force Base... $10,600,000 (a) President's Budget.--In each budget submitted by the President 0 to the Congress under section 1105 of title 31, United States Code, ,000 amounts requested for the Administration shall be set forth separately within the other amounts requested for the Department of Energy. the , (b) Budget Justification Materials.--In the budget justification l 0 materials submitted to Congress in support of each such budget, the the amounts requested for the Administration shall be specified in ordance 0 individual, dedicated program elements.ource management plan prepared 00 SEC. 3252. PLANNING, <> PROGRAMMING, AND $11,200,000 BUDGETING PROCESS.al and cultural resources 00 management of the lands referred to in subparagraph (A), and the The Administrator shall establish procedures to ensure that the fer planning, programming, budgeting, and financial activities of the 70,000 Administration comport with sound financial and fiscal management 00,000 principles. Those procedures shall, at a minimum, provide for the ) is 0 planning, programming, and budgeting of activities of the Administration using funds that are available for obligation for a limited number of 00 years. (C) The Secretary of the Interior may, if appropriate, 0,000 SEC. 3253. FUTURE-YEARS <> NUCLEAR SECURITY ources 0 PROGRAM.n subparagraph (A) to the Department 0 of the Interior pursuant to paragraph (7).e..... $5,950,000 (a) Submission to Congress.--The Administrator shall submit to avy 0 Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, ,000 United States Code, a future-years nuclear security program (including associated annexes) reflecting the estimated expenditures and proposed 0 appropriations included in that budget. Any such future-years nuclear n security program shall cover the fiscal year with respect to which the 0 budget is submitted and at least the four succeeding fiscal years.uch 00 (b) Elements.--Each future-years nuclear security program shall ,000 contain the following:osure under this paragraph shall be limited to the (1) The estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of 0 the Administration during the five-fiscal year period covered by the program, expressed in a level of detail comparable to that t contained in the budget submitted by the President to Congress 0 under section 1105 of title 31, United States Code. $8,100,000 (2) A description of the anticipated workload requirements 0 for each Administration site during that five-fiscal year 00,000 period.quired by paragraph (3), the Secretary of the Navy or the Secretary of the Air Force shall consult with the Secretary of 0 (c) Effect of Budget on Stockpile.--The Administrator shall include in the materials the Administrator submits to Congress in support of the budget for any fiscal year that is submitted by the President pursuant 0 to section 1105 of title 31, United States Code, a description of how it the funds identified for each program element in the weapons activities budget of the Administration for such fiscal year will help ensure that the nuclear weapons stockpile is safe and reliable as determined in as accordance with the criteria established under section 3158 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note). years after the date (d) Consistency in Budgeting.--(1) The Administrator shall ensure 00 that amounts described in subparagraph (A) of paragraphf the Interior 00 shall jointly prepare an integrated natural resources management [[Page 113 STAT. 967]]ands withdrawn and reserved by this section.00,000 (B) The Secretary of the Navy and the Secretary of the 0,000 (2) for any fiscal year are consistent with amounts described in this 00 subparagraph (B) of paragraph (2) for that fiscal year.. $3,600,000 (2) Amounts referred to in paragraph (1) are the following:lan under (A) The amounts specified in program and budget information submitted to Congress by the Administrator in support of ge and expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31, United States Code, for any fiscal year, as shown in 0 the future-years nuclear security program submitted pursuant to subsection (a).may be delegated to the installation commanders. (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Administration included pursuant to paragraph (5) of section 1105(a) of such title in the budget submitted to Congress under that section for any fiscal year. in the he (i) include provisions for proper management and (e) Treatment of Management Contingencies.--Nothing in this section shall be construed to prohibit the inclusion in the future-years nuclear security program of amounts for management contingencies, subject to the requirements of subsection (d).ich such lands are withdrawn and reserved by this section;Installation or location Amountd Subtitle E--Miscellaneous Provisionswith affected ---- Indian tribes and include provisions that address how 00 SEC. 3261. ENVIRONMENTAL <> PROTECTION, of the Air 0 SAFETY, AND HEALTH REQUIREMENTS. $2,150,000 (I) meet the trust responsibilities of the --- (a) Compliance Required.--The Administrator shall ensure that the 00 Administration complies with all applicable environmental, safety, and - health statutes and substantive requirements.hdrawal and reservation;le (b) Procedures Required.--The Administrator shall develop procedures for meeting such requirements.ites to the extent consistent with the s (c) Rule of Construction.--Nothing in this title shall diminish the authority of the Secretary of Energy to ascertain and ensure that such compliance occurs. (III) provide for timely consultation with e SEC. 3262. COMPLIANCE <> WITH FEDERAL nstallations, ACQUISITION REGULATION.g, fishing, and able: trapping on such lands be conducted in accordance with n The Administrator shall establish procedures to ensure that the evel mission and programs of the Administration are executed in full usingts compliance with all applicable provisions of the Federal Acquisition ------------------------------------------- Regulation issued pursuant to the Office of Federal Procurement Policy Purpose Amount Act (41 U.S.C. 401 et seq.).------------------------------------------------------------------------------------ SEC. 3263. SHARING <> OF TECHNOLOGY WITH ing and Units..................... $10,000,000 DEPARTMENT OF DEFENSE.t currently exists in t. accordance with the provisions of section 2667 of title its..................... $8,500,000 The Administrator shall, in cooperation with the Secretary of he 8 Units.................... $32,790,000 Defense, establish procedures and programs to provide for the sharing of ts..................... $16,800,000 technology, technical capability, and expertise between the se... 72 Units..................... $9,375,000 Administration and the Department of Defense to further national reas Units.................... $14,080,000 security objectives.related buffer or safety zones; Force Base...ough SEC. 3264. USE <> OF CAPABILITIES OF NATIONAL d the its..................... $9,034,000 SECURITY LABORATORIES BY ENTITIES ral (a) to OUTSIDE THE ADMINISTRATION.tions to prevent, suppress, and manage brush and range fires he le The Secretary, in consultation with the Administrator, shall y M. establish appropriate procedures to provide for the use, in a manner es y Improvements.......... $1,363,000 consistent with the national security mission of the Administration M. Units.................... $12,290,000 under section 3211(b), of the capabilities of the national security 4 Units..................... $7,570,000 laboratories by elements of the Department of Energy not within the 2 Units..................... $12,352,000 Administration, other Federal agencies, and other appropriated or 76 Units..................... $9,800,000 otherwise available to the Secretaries to enter Units..................... $12,187,000 [[Page 113 STAT. 968]]into memoranda of understanding, and cooperative agreements that shall reimburse the Secretary of nits..................... $10,050,000 entities, including the use of those capabilities to support efforts to defend against weapons of mass destruction.gates, fences, and barriers nits..................... $10,756,000 constructed on such lands after the date of the . 41 Units..................... $6,000,000 Subtitle F--Definitionsd and erected to allow nits..................... $7,500,000 wildlife access, to the extent practicable and .. 75 Units..................... $12,964,000 SEC. 3281. <> DEFINITIONS.ity, safety, and sound --------------- wildlife management use; Total.................... $203,411,000 For purposes of this title:rporate any existing management plans ------------------------------------------- (1) The term ``national security laboratory'' means any of l the following:ary of the Navy, the Secretary of the Air Force, e (A) Los Alamos National Laboratory, Los Alamos, New Mexico.mutually determine that incorporation of such s (B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.ure that the periodic (C) Lawrence Livermore National Laboratory, ucted on Livermore, California.ry of the Navy, the Secretary of e (2) The term ``nuclear weapons production facility'' means any of the following: States and Indian tribes, and the public, (A) The Kansas City Plant, Kansas City, Missouri. n (B) The Pantex Plant, Amarillo, Texas. may be ffice (C) The Y-12 Plant, Oak Ridge, Tennessee.ceed ed by (D) The tritium operations facilities at the Savannah River Site, Aiken, South Carolina.ortation of (E) The Nevada Test Site, Nevada.ative agreements.-- (F) Any facility of the Department of Energy that ce the Secretary of Energy, in consultation with the the Administrator and the Congress, determines to be ions of consistent with the mission of the Administration.es, or (3) The term ``classified information'' means any for nse information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or ement successor orders, to require protection against unauthorized d disclosure and that is so designated.ropriate, with any other (4) The term ``Restricted Data'' has the meaning given such term in section 11 y. of the Atomic Energy Act of 1954 (42 tion U.S.C. 2014(y)).apter 63 of title 31, United States Code.g that (5) The term ``congressional defense committees'' means--ed (A) the Committee on Armed Services and the if h Committee on Appropriations of the Senate; andited ies (B) the Committee on Armed Services and the iew of Committee on Appropriations of the House of er paragraph Representatives.raph (E)(ix) of that paragraph, the nd Secretary of the Navy, the Secretary of the Air Force, and the Subtitle G--Amendatory Provisions, Transition Provisions, and Effective Datese condition of the lands es and withdrawn and reserved by this section from the later of the le SEC. 3291. <> FUNCTIONS TRANSFERRED. or the date of the environmental impact statement prepared to support this tore (a) Transfers.--There are hereby transferred to the Administrator n all national security functions and activities performed immediately of before the date of the enactment of this Act by the following elements of the Department of Energy:ary use of the lands since the previous s ty (1) The Office of Defense Programs.gement of natural and er (2) The Office of Nonproliferation and National Security. f (3) The Office of Fissile Materials Disposition.priated . by (4) The nuclear weapons production facilities.e combined f with any report required by the Sikes Act.paragraphs, reduced [[Page 113 STAT. 969]]isagreements concerning the contents of a report under this subparagraph shall be resolved by the Secretary of ct (5) The national security laboratories.. This authority may (6) The Office of Naval Reactors.anders.due to force of the (B)(i) Before the finalization of any report under this ion (b) Authority to Transfer Additional Functions.--The Secretary of Energy may transfer to the Administrator any other facility, mission, or function that the Secretary, in consultation with the Administrator and Congress, determines to be consistent with the mission of the report in Administration.ion or locations reasonably accessible to persons who may (c) Environmental Remediation and Waste Management Activities.--In e the case of any environmental remediation and waste management activity of any element specified in subsection (a), the Secretary of Energy may determine to transfer responsibility for that activity to another ocal element of the Department.ral circulation, publication of an orth in announcement in the Federal Register, and any other means SEC. 3292. <> TRANSFER OF FUNDS AND EMPLOYEES.sition (C) The final version of any report under this paragraph ion (a) Transfer of Funds.--(1) Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and e 2 used for any purpose for which those appropriations were originally ary available. Balances of appropriations so transferred shall--shall, by y, (A) be credited to any applicable appropriation account of the Administration; ormprised of selected representatives from e (B) be credited to a new account that may be established on the books of the Department of the Treasury; from State riking government and at least one elected officer (or other authorized and shall be merged with the funds already credited to that account and accounted for as one fund.discretion of the Secretary of the Navy, the s (2) Balances of appropriations credited to an account under erior.'. paragraph (1)(A) are subject only to such limitations as are ll be ry specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred.rved by this section.andards to contracts that are covered (b) Personnel.--(1) With respect to any function, power, or duty or activity of the Department of Energy that is transferred to the enance Administration, those employees of the element of the Department of r Energy from which the transfer is made that the Secretary of Energy ate determines are needed to perform that function, power, or duty, or for that activity, as the case may be, shall be transferred to the fy the Administration. agencies and elected officers or representatives of nd (2) The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees so transferred.graph (A) h shall establish procedures for creating a forum for exchanging - SEC. 3293. PAY LEVELS.tion, and advice relating to the management of natural and cultural resources on the lands concerned, --------- (a) Under Secretary for Nuclear Security.--Section 5314 of title 5, United States Code, is amended by striking ``Under Secretary, Department of Energy'' and inserting ``Under Secretaries of Energy (2)''.$2,874,000 (b) Deputy Administrators.--Section 5315 of such title is amended by adding at the end the following new item:ion with the Secretary of the 0 ``Deputy Administrators of the National Nuclear Security e , Administration (3), but if the Deputy Administrator for Naval 00 Reactors is an officer of the Navy on active duty, (2).''.anding under subparagraph (A). The coordinator shall not be a member of [[Page 113 STAT. 970]] Alaska.................. of Defense may (7) Transfer of management responsibility.--(A)(i) If the 00 SEC. 3294. CONFORMING AMENDMENTS. determines that the Secretary of the n Navy or the Secretary of the Air Force has failed to manage ,000 (a) Reduction in Number of Assistant Secretaries of Energy.--(1) d Section 5315 of title 5, United States Code, is amended by striking ,000 ``(8)'' after ``Assistant Secretaries of Energy'' and inserting ``(6)''. (2) Subsection (a) of section 203 of the Department of Energy e ts Organization Act (42 U.S.C. 7133) is amended in the first sentence by , striking ``eight'' and inserting ``six''.ll give the Secretary of the 00 (b) Functions Required To Be Assigned to Assistant Secretaries of ch Energy.--Subsection (a) of section 203 of the Department of Energy shall Organization Act (42 U.S.C. 7133) is amended by striking paragraph (5).0 (c) Office of Naval Reactors.--Section 309 of the Department of and Energy Organization Act (42 U.S.C. 7158) is amended-- reaching the (1) by striking subsection (b);Army $9,600,000 (2) by striking ``(a)''; and later than 60 days after the n (3) by striking ``Assistant Secretary to whom the Secretary has assigned the function listed in section 203(a)(2)(E)'' and 0 inserting ``Under Secretary for Nuclear Security''. Interior, f which response may include a plan of action for addressing any 0 (d) Office of Fissile Materials Disposition.--(1) Section 212 of the Department of Energy Organization Act (42 U.S.C. 7143) is repealed.icant (2) The table of contents at the beginning of such Act is amended by striking the item relating to section 212.ona...........o misconduct (e) Repeal of Restated Provision Relating to DOE Special Access 000 Programs; Conforming Amendment.--(1)(A) Section 93 of the Atomic Energy Act of 1954 (42 U.S.C. 2122a) is repealed.ies identified in the notice 0 (B) The table of contents at the beginning of such Act is amended by striking the item relating to section 93.tural resources of the lands 00 (2) Clause (ii) of section 1152(g)(1)(B) of the National Defense ot Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 00 435 note) is amended to read as follows:ittees referred to in section ``(ii) the National Nuclear Security Administration (which is required to submit reports on special access s programs under section 3236 of the National Nuclear y of Security Administration Act); or''.ecretary of the 0,000 Interior in accordance with a schedule for such transfer s mand (f) Repeal of Five-Year Budget Requirement for DOE National Security Programs.--Section 3155 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271b) 0 is repealed. Patuxent River, Marylandthe Prohibition (B) After a transfer of management responsibility pursuant 0 SEC. 3295. <> TRANSITION PROVISIONS.or may transfer management responsibility back to the Secretary of the Navy or 0 (a) Compliance <> with Financial Principles.--(1) The Under Secretary of Energy for Nuclear Security shall ensure that the compliance with sound financial and fiscal management principles 750,000 specified in section 3252 is achieved not later than October 1, 2000.ary of the Air Force, as the case may be, in accordance with the 000 (2) In carrying out paragraph (1), the Under Secretary of Energy for Nuclear Security shall conduct a review and develop a plan to bring ,000 applicable activities of the Administration into full compliance with those principles not later than such date.lity under this paragraph for (3) Not later than January 1, 2000, the Under Secretary of Energy 00 for Nuclear Security shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the el , results of that review and a description of that plan.t plan prepared e pursuant to the Federal Land Policy and Management Act of 1976 [[Page 113 STAT. 971]]1 et seq.), in cooperation with the Secretary of the Navy or the Secretary of the Air Force.carry out military he (b) Initial Report for Future-Years Nuclear Security Program.--The first report under section 3253 shall be submitted in conjunction with the budget submitted for fiscal year 2001.not affect the use of such e (c) Procedures <> for Computer y or e Access.--The regulations to implement the procedures under section 3235 shall be prescribed not later than 90 days after the effective date of d this title. (8) Payment for services.--The Secretary of the Navy and the Secretary of the Air Force shall assume all costs for .C. 14401 (d) Compliance <> with FAR.--(1) The Under ent e.5 Secretary of Energy for Nuclear Security shall ensure that the etary of compliance with the Federal Acquisition Regulation specified in section 3262 is achieved not later than October 1, 2000.ior incurs in providing goods or services to assist the Secretary of the Navy or the 000 (2) In carrying out paragraph (1), the Under Secretary of Energy for Nuclear Security shall conduct a review and develop a plan to bring t 00 applicable activities of the Administration into full compliance with the Federal Acquisition Regulation not later than such date. $24,300,000 (3) Not later than January 1, 2000, the Under Secretary of Energy e for Nuclear Security shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the hool results of that review and a description of that plan.be pursuant to the SEC. 3296. APPLICABILITY <> OF PREEXISTING 994 (25 0 LAWS AND REGULATIONS. --------------- (B) The term ``sacred site'' means any specific, 000 Unless otherwise provided in this title, all provisions of law and - regulations in effect immediately before the effective date of this ee, title that are applicable to functions of the Department of Energy specified in section 3291 shall continue to apply to the corresponding functions of the Administration.ly to the extent that the tribe or its SEC. 3297. REPORT <> CONTAINING he Navy or the IMPLEMENTATION PLAN OF SECRETARY OF such nse ENERGY. Secretary of the Department of after Defense, the Secretary of the Navy, the Secretary of the Not <> later than January 1, 2000, the Secretary of Energy shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the Secretary's plan for the implementation of the provisions of this title. traditional Indian religious or sacred site located on lands withdrawn and reserved by this subsection. date of SEC. 3298. <> CLASSIFICATION IN UNITED STATES CODE.ntal Requirements.--nt to the authorization of rting appropriations in section 2405(a)(6), the Secretary of Defense may carry Subtitles A through F of this title (other than provisions of those subtitles amending existing provisions of law) shall be classified to ) the United States Code as a new chapter of title 50, United States Code. duration of the withdrawal and reservation of lands by this . an SEC. 3299. <> EFFECTIVE DATES.or extension, and with respect both to the activities undertaken by the Secretary (a) In General.--Except as provided in subsection (b), the lands and provisions of this title shall take effect on March 1, 2000.h times as (b) Exceptions.--(1) Sections 3202, 3204, 3251, 3295, and 3297 shall take effect on the date of the enactment of this Act.nds, the Secretary (2) Sections 3234 and 3235 shall take effect on the date of the of enactment of this Act. During the period beginning on the date of the o enactment of this Act and ending on the effective date of this title, he the Secretary of Energy shall carry out those sections and any reference in those sections to the Administrator and the Administration shall be , treated as references to the Secretary and the Department of Energy, y , respectively. (B) carry out and maintain in accordance with the n requirements of all regulations, rules, and standards [[Page 113 STAT. 972]] by the Department of Defense pursuant to chapter 160 of title 10, United States Code, relating to the r e TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARDjoint board on ammunition storage established under section , SEC. 3301. AUTHORIZATION.at title, and Executive Order No. 12580, a al program to address--econd sentence and inserting (41 ) There are authorized to be appropriated for fiscal year 2000, k c s $17,500,000 for the operation of the Defense Nuclear Facilities Safety e Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). ploded ordnance) and other constituents; and of m (ii) any release or substantial threat of 2687 TITLE XXXIV--NATIONAL DEFENSE STOCKPILE occurring on or emanating from such lands during the period of is Sec. 3401. Authorized uses of stockpile funds.on; andamily housing and Sec. 3402. Disposal of certain materials in National Defense Stockpile. Sec. 3403. Limitations on previous authority for disposal of stockpile materials.ecretary of the Air Force, as the case may be, ted pursuant to any Federal, State, or local environmental SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.dard.ended for the leasing (2) Before relinquishment or termination.--ide.ministrator (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 established o under subsection (a) of section 9 of the Strategic and Critical lands n Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of of such funds under subsection (b)(2) of such section, including the rovide disposal of hazardous materials that are environmentally sensitive.t. f (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 ffected extraordinary or emergency conditions necessitate the additional the obligations. The National Defense Stockpile Manager may make the se may additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification. year or more, known to have been released or disposed (c) Limitations.--The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts.f SEC. 3402. DISPOSAL <> OF CERTAIN ice of the l MATERIALS IN NATIONAL DEFENSE STOCKPILE. ), as notice of the time during which such storage, release, (a) Disposal Required.--Subject to subsection (c), the President .0 shall make disposals from the National Defense Stockpile of materials in quantities as follows:Act for Fiscal Year 1998 (division B of Public Law (1) Beryllium metal, 250 short tons.6 of the Military ' and (2) Chromium ferro alloy, 496,204 short tons. In addition to (3) Chromium metal, 5,000 short tons. section, the Secretary (4) Palladium, 497,271 troy ounces.he Air Force, and the ion Secretary of the Interior may enter into a memorandum of (b) Management of Disposal To Achieve Objectives for Receipts.--The President shall manage the disposal of materials under subsection (a) so as to result in receipts to the United States in amounts equal to--se l (1) $10,000,000 during fiscal year 2000;ally feasible, and w (2) $100,000,000 during the 5-fiscal year period ending rned September 30, 2004; andieve environmental remediation activities (3) $300,000,000 during the 10-fiscal year period ending e September 30, 2009.to meet such standards.r Fiscal Year 1999 oth (iii) Cleanup standards under clause (ii) shall be . [[Page 113 STAT. 973]]tent with any legally applicable or relevant and n appropriate standard, requirement, criteria, or in ; 10 (c) Minimization of Disruption and Loss.--The President may not ct n dispose of the material under subsection (a) to the extent that the of disposal will result in--be relinquished pursuant to subsection (f), the (1) undue disruption of the usual markets of producers, rce processors, and consumers of the materials proposed for release disposal; orubstantial threat of release, regardless of its ) is (2) avoidable loss to the United States.om such lands during the period of withdrawal and reservation under this on (d) Disposition of Receipts.--Notwithstanding section 9 of the se es Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds received as a result of the disposal of materials under subsection (a) shall be deposited into the general fund of the Treasury.emilitarization (e) Relationship to Other Disposal Authority.--The disposal nterior authority provided in subsection (a) is new disposal authority and is in addition to, and shall not affect, any other disposal authority provided by law regarding the materials specified in such subsection.n have been (f) Increased Receipts Under Prior Disposal Authority.--(1) Section 3303(a)(2) of the National Defense Authorization Act for Fiscal Year e g 1997 (Public Law 104-201; 110 Stat 2855; 50 U.S.C. 98d note) is amended by striking ``$612,000,000'' and inserting ``$720,000,000''.t may affect (2) Section 3305(a) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat 2057; 50 U.S.C. 98d note) is amended-- expose any person to a safety or health risk associated (A) in paragraph (2), by striking ``$30,000,000'' and ing inserting ``$50,000,000'';balance of the amount authorized under (B) in paragraph (3), by striking ``$34,000,000'' and f the inserting ``$64,000,000''; andAir Force, and not the Secretary (C) in paragraph (4), by striking ``$34,000,000'' and under inserting ``$67,000,000''.ll releases or substantial threats of release, whether located on or emanating from lands withdrawn nd (g) Elimination of Disposal Restrictions on Earlier Disposal me of Authority.--Section 3303 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 629) is repealed.erved SEC. 3403. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF ecretary of STOCKPILE MATERIALS.the use, management, n storage, release, treatment, or disposal of hazardous materials, (a) Public Law 105-261 Authority.--Section 3303(b) of the Strom ch Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2263; 50 U.S.C. 98d note) is amended-- Secretary (1) by striking ``(b) Limitation on Disposal Quan-case may tity.--'' and inserting ``(b) Limitations on Disposal ICAL 448 Authority.--(1)''; and under subparagraph (A) shall include d e (2) by adding at the end the following:against the United States for activities referred to in that subparagraph.1501 ``(2) The President may not dispose of materials under this section in excess of the disposals necessary to result in receipts in the y amounts specified in subsection (a).''. Pueblo Chemical Activity, o (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--r parties the Secretary of - (1) by striking ``(b) Limitation on Disposal Quan-believes tity.--'' and inserting ``(b) Limitations on Disposal t of ers Authority.--(1)''; andqual to the sum of the amounts under e (2) by adding at the end the following:retary of the Navy or the Secretary of the Air Force delegates responsibility or C. [[Page 113 STAT. 974]]o another Federal agency over, or permits another Federal agency to operate on, lands withdrawn and reserved by ry ``(2) The President may not dispose of cobalt under this section in excess of the disposals necessary to result in receipts in the amounts t specified in subsection (a).''.ection (c)(1)--contract (or contract c (c) Public Law 104-201 Authority.--Section 3303(b) of the National t Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2855; 50 U.S.C. 98d note) is amended--nition products and ents of (1) by striking ``(b) Limitation on Disposal Quan-e section tity.--'' and inserting ``(b) Limitations on Disposal ces for s Authority.--(1)''; and defense and security, including military (2) by adding at the end the following:f the Department of Defense, the Coast Guard, the Department of ``(2) The President may not dispose of materials under this section in excess of the disposals necessary to result in receipts in the and ay amounts specified in subsection (a).''., explosives, pyrotechnics, its chemical and riot control agents, smokes, and as TITLE <> XXXV--PANAMA CANAL COMMISSIONluding bulk explosives and chemical warfare agents, chemical munitions, rockets, T Sec. 3501. Short title.uided and ballistic missiles, bombs, warheads, Sec. 3502. Authorization of expenditures.llery ammunition, small arms Sec. 3503. Purchase of vehicles., grenades, mines, quisition projects. Sec. 3504. Office of Transition Administration. cluster munitions and n Sec. 3505. Expenditures only in accordance with treaties. devices and components thereof; andAND ACQUISITION uch section SEC. 3501. <> SHORT TITLE. components of n 1 of nuclear devices managed under the nuclear weapons This title may be cited as the ``Panama Canal Commission er all Authorization Act for Fiscal Year 2000''.on operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have d SEC. 3502. AUTHORIZATION OF EXPENDITURES.propriated for this purpose in (ii) The term does not include wholly inert items, (a) In General.--Subject to subsection (b), the Panama Canal , of f 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 ps contracts and commitments, as may be necessary under the Panama Canal is Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, ner improvement, and administration of the Panama Canal for the period the e October 1, 1999, through noon on December 31, 1999., or material, and (b) Limitations.--For the period described in subsection (a), the Panama Canal Commission may expend from funds in the Panama Canal ttee Revolving Fund not more than $75,000 for official reception and ng representation expenses, of which--us compounds, mixtures, or elements m (1) not more than $21,000 may be used for official reception and representation expenses of the Supervisory Board of the ce Commission;ges.cquisition projects.``(i) as a line item'' and (2) not more than $10,500 may be used for official reception and representation expenses of the Secretary of the Commission; and (1) In general.--Unless extended pursuant to subsection (e), (3) not more than $43,500 may be used for official reception and representation expenses of the Administrator of the is Act, Commission.therwise provided in subsection (f)(4).ized to be ), appropriated for fiscal years beginning after September 30, 1999, for . SEC. 3503. PURCHASE OF VEHICLES.ectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for Notwithstanding any other provision of law, the funds available to the Panama Canal Commission shall be available for the purchase and nds transportation to the Republic of Panama of replacement passenger motor vehicles, the purchase price of which shall not exceed $26,000 per g and vehicle.geothermal leasing laws, until the Secretary of the Interior ces publishes in the Federal Register an appropriate order stating [[Page 113 STAT. 975]]which such lands shall be restored to the public domain and opened.partment of the Navy, for the Naval and Marine SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.1520a), <> of the Office of ed Transition Administration.--ding continuing military need.--(A) If the l (1) In general.--The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) shall continue to govern the Office of Transition Administration until October 1, 2004.Secretary of the Navy or y (2) Procurement.--For purposes of exercising authority under the procurement laws of the United States, the director of the Office of Transition Administration shall have the status of the head of an agency.allocation of management responsibility for, (3) Offices.--The Office of Transition Administration shall have offices in the Republic of Panama and in the District of Columbia. Section 1110(b)(1) of the Panama Canal Act of 1973 (22 U.S.C. 3620(b)(1)) does not apply to such office in the Republic of Panama.thdrawal and reservation of such lands.w 102-484). es (4) Office of transition administration defined.--In this or subsection the term ``Office of Transition Administration'' nt means the office established under section 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a) to close out the affairs of the Panama Canal Commission.ion required by section 3 of the (5) Effective date.--This subsection shall be effective on and after the termination of the Panama Canal Treaty of 1977.f mineral, timber, or grazing resources unless, and to the (c) Oversight <> of Close-Out retary of r Activities.--The Panama Canal Commission shall enter into an agreement with the head of a department or agency of the Federal Government to e f 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.) Legislative <> proposals.--The w 99-to SEC. 3505. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.avy, and the e Secretary of the Air Force shall ensure that any legislative ion Expenditures authorized under this title may be made only in ion of accordance with the Panama Canal Treaties of 1977 and any law of the han United States implementing those treaties.ar in which the existing tical withdrawal and reservation would otherwise terminate under this TITLE <> XXXVI--MARITIME ADMINISTRATION of certain fiscal year 1996 of h (f) Termination and Relinquishment.--tion is to provide a program Sec. 3601. Short title.<> of intent to relinquish.--At Sec. 3602. Authorization of appropriations for fiscal year 2000.under Sec. 3603. Extension of war risk insurance authority.before the l the Sec. 3604. Ownership of the JEREMIAH O'BRIEN.ervation, if the Secretary of the Navy or the Secretary of the Air Force determines that SEC. 3601. <> SHORT TITLE. in titles XXI through XXVI for military construction projects, land acquisition, This title may be cited as the ``Maritime Administration the North Authorization Act for Fiscal Year 2000''.estment program (and .C. ian continuing military need for lands withdrawn and reserved by ses [[Page 113 STAT. 976]]or any portion of such lands, the Secretary of the Navy or the Secretary of the Air Force, as the case may be, in SEC. 3602. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000.to ds relinquish jurisdiction over such lands, which notice shall nt Funds are hereby authorized to be appropriated, to be available t without fiscal year limitation if so provided in appropriations Acts, or for the use of the Department of Transportation for the Maritime ed by a Administration as follows:o relinquish jurisdiction under this c note). (1) For expenses necessary for operations and training the activities, $79,764,000 for fiscal year 2000. Air Force has he (2) For expenses under the loan guarantee program authorized by title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. f 1271 et seq.), $14,893,000 for fiscal year 2000, of which-- the (A) $11,000,000 is for the cost (as defined in utive section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the awal ng program; anduch lands under this section, the Secretary (B) $3,893,000 is for administrative expenses as of related to loan guarantee commitments under the program. SEC. 3603. EXTENSION OF WAR RISK INSURANCE AUTHORITY.reservation of such lands under this section; CERTAIN FISCAL YEAR 1997 Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1294) is amended by striking ``June 30, 2000'' and inserting ``June 30, he 2005''. Interior; andtanding section 2701 of the Military under SEC. 3604. OWNERSHIP OF THE JEREMIAH O'BRIEN.hich such lands shall be opened to the operation of the general land laws, ts set Section 3302(l)(1)(C) of title 46, United States Code, is amended by striking ``owned by the United States Maritime Administration'' and f inserting ``owned by the National Liberty Ship Memorial, Inc.''.f the th Notwithstanding the termination date, unless and until the ry Approved October 5, 1999.rior accepts jurisdiction of land proposed for relinquishment under this subsection, or until the s Mentor- LEGISLATIVE HISTORY--S. 1059 (H.R. 1401): accepts jurisdiction of such --------------------------------------------------------------------------- of 1949 (40 U.S.C. 251 et seq.), such lands shall remain under HOUSE REPORTS: Nos. 106-162 accompanying H.R. 1401 (Comm. on Armed ary izations Services) and 106-301 (Comm. of Conference)., for the limited purposes ----------------------------------------- SENATE REPORTS: No. 106-50 (Comm. on Armed Services). or location Project Amount CONGRESSIONAL RECORD, Vol. 145 (1999):response actions under this ---------------------------------------------- May 24-27, considered and passed Senate.n Mayport.... Family Housing Construction $10,000,000 June 14, considered and passed House, amended, in lieu of 00 units)................. H.R. 1401.o the integrated natural resources management y Housing Construction $10,925,000 Sept. 15, House agreed to conference report.(3). (72 units).................. Sept. 21, 22, Senate considered and agreed to conference mily Housing Construction $10,110,000 report.e suitable for return to the public domain, but units).................. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):Secretary ly Housing Construction $14,000,000 Oct. 5, Presidential remarks and statement.al response (140 units)................. actions under this section have been taken, the Secretary of the Housing Construction $11,675,000 r Force, as the case may be, and units)................. the Secretary of the Interior shall resolve the dispute in Family Housing Construction $7,550,000 accordance with any applicable dispute resolution process. (48 units).................. (C) For any land that the Secretary of the Interior Sanitary Landfill............ $8,900,000 determines to be unsuitable for return to the public domain, the Secretary of the Interior shall immediately notify the ..e d Administrator of General Services.val Station Everett.... Family Housing Construction $15,015,000 (5) Scope of functions.--All functions described under this units)................. subsection, including transfers, relinquishes, extensions,---------------------------------------------- of the Executive Schedule.''.been obligated.ed by the Secretaries of the [[Page 113 STAT. 910]] OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES amount SERVING IN A COMBAT ZONE.idual mentor-protege and other determinations, may be made on a parcel-by-parcel d he basis.e in a Combat Zone as Exigency of the Public Business.--s Section 6304(d) of title 5, United States Code, is amended by adding at (g) Delegations of Functions.--The functions of the Secretary of the uthorization Interior under this section may be delegated, except that the following ---------------------------------------- determinations and decisions may be approved and signed only by the Project Amount Secretary of the Interior, the Deputy Secretary of the Interior, an -------------------------------------------- Assistant Secretary of the Interior, or the Director, Bureau of Land munition Demilitarization $203,500,000 Management: Facility.................... (1) Decisions to accept transfer, relinquishment, or ----------------------------------------------- jurisdiction of lands under this section and to open such lands to operation of the public land laws.es Code.on for such parts (2) Decisions to transfer management responsibility from or to a military department pursuant to subsection (b)(7).7 Project Authorization SEC. 3032. MILITARY USE OF CABEZA PRIETA NATIONAL WILDLIFE REFUGE ---------------------------------------------- AND CABEZA PRIETA WILDERNESS.r location Project Amount ---------------------------------------------------------------------------------------------------------------- (a) Findings.--Congress makes the following findings:........ Multipurpose Range Complex $5,000,000 (1) The historic use of the areas designated as the Cabeza ase II).................. Prieta National Wildlife Refuge and the Cabeza Prieta Wilderness --------------------------------------- by the Marine Corps and the Air Force has been integral to the f effective operation of the Barry M. Goldwater Air Force Range.of (2) Continued use of the Cabeza Prieta National Wildlife on Refuge and Cabeza Prieta Wilderness by the Marine Corps and the Air Force to support military aviation training will remain l necessary to ensure the readiness of the Armed Forces.B of e.rs (3) The historic use of the Cabeza Prieta National Wildlife Refuge and Cabeza Prieta Wilderness by the Marine Corps and the Air Force has coexisted for many years with the wildlife n ply conservation and wilderness purposes for which the refuge and , wilderness were established. shall remain in effect until all of (4) The designation of the Cabeza Prieta National Wildlife Refuge and the Cabeza Prieta Wilderness recognizes the area as one of our nation's most ecologically and culturally valuable areas..--The tables referred to in subsection (a) are as armed follows:forces.ment <> not later than 90 days after the end (a) Publication and Filing.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall-- (1) <> publish in the Federal Register a notice containing the legal description of ry the lands withdrawn and reserved by this subtitle; andiod.velop (2) file maps and the legal description of the lands rt withdrawn and reserved by this subtitle with the Committee on e Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.ES FROM CERTAIN oup.-- Subtitle F--Expansion of Arlington National CemeteryAY all n (b) Technical Corrections.--Such maps and legal description shall have the same force and effect as if included in this subtitle, except that the Secretary of the Interior may correct clerical and adding at typographical errors in such maps and legal description.services covered (c) Availability for Public Inspection.--Copies of such maps and g s legal descriptions shall be available for public inspection inexempt from, and may not be counted for the purposes of, any constraint or y 1, [[Page 113 STAT. 913]]ROM NOTICE AND WAIT REQUIREMENTS OF MILITARY s or CONSTRUCTION PROJECTS SUPPORTED BY ories of s the offices of the Director and appropriate State Directors and field es office managers of the Bureau of Land Management, the office of the to commander, Luke Air Force Base, Arizona, the office of the commander, te Marine Corps Air Station, Yuma, Arizona, and the Office of the Secretary of Defense., is amended by adding at the end the following new scal Year (d) Reimbursement.--The Secretary of Defense shall reimburse the e Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this section.irement in paragraph (1) and the (e) Delegations.--h (2) if the project is necessary to support the - (1) Military departments.--The functions of the Secretary of Defense, or of the Secretary of a military department, under ent this section may be delegated.e National Emergencies Act (50 f - (2) Department of interior.--The functions of the Secretary of the Interior under this section may be delegated.------------ ``(B) When a decision is made to carry out a military construction SEC. 3034. WATER RIGHTS.ph (A), the Secretary of Defense shall submit to the congressional committees specified in subsection (g)--Operation 1.80 Nothing in this subtitle shall be construed to establish a ions.and0 reservation to the United States with respect to any water or water tion right on lands covered by section 3031 or 3032. No provision of this in subtitle shall be construed as authorizing the appropriation of water on lands covered by section 3031 or 3032 by the United States after the .90 date of the enactment of this Act, except in accordance with the law of the State in which such lands are located. This section shall not be .10 construed to affect water rights acquired by the United States before ny the date of the enactment of this Act. HAWAII.ntribute to major theater wars.f equipment or products, should fully comply SEC. 3035. HUNTING, FISHING, AND TRAPPING.-(1) Subchapter I of chapter 0 169 of title 10, United States Code, is amended by adding at the end the All hunting, fishing, and trapping on lands withdrawn by this d of 0 subtitle shall be conducted in accordance with the provisions of section 2671 of title 10, United States Code, except that hunting, fishing, and trapping within the Cabeza Prieta National Wildlife Refuge shall be er 0 conducted in accordance with the National Wildlife Refuge System n armed Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use of Wildlife Areas Act of 1969 (16 U.S.C. 460k et seq.), and other laws 0 applicable to the National Wildlife Refuge System.), the Secretary of th the Navy may exercise any authority or combination of authorities in --- SEC. 3036. USE OF MINERAL MATERIALS.loping or facilitating the sula. 26r development of Ford Island, Hawaii, to the extent that the Secretary --- Notwithstanding any other provision of this subtitle or the Act of 0 July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. er 601 et seq.), the Secretary of the military department concerned may use sand, gravel, or similar mineral material resources of the type subject to disposition under that Act from lands withdrawn and reserved by this subtitle if use of such resources is required for construction needs on such lands. ``(B) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.0 SEC. 3037. IMMUNITY OF UNITED STATES.CHANGES AND CONTACTS WITH ct (41 10 ``(b) Conveyance Authority.--(1) The Secretary of the Navy may ting The United States and all departments or agencies thereof shall be held harmless and shall not be liable for any injuries or damages to any persons or property suffered in the course of any mining or mineral or e geothermal leasing activity conducted on lands covered by section 3031.t ``(A) is excess to the needs of the Navy and all of the r he [[Page 113 STAT. 914]]rces; and security risk due to an inappropriate ``(B) will promote the purpose of this section.ve Schedule. Subtitle C--Authorization of Appropriationsplies to any e ``(2) A conveyance under this subsection may include such terms and SEC. 3041. AUTHORIZATION OF APPROPRIATIONS.priate to protect the he dant interests of the United States.on (b) are being made in compliance with There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this title.operty or personal tes property under the jurisdiction of the Secretary in the State of Hawaii DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND t OTHER AUTHORIZATIONSerations of the Navy and all of the other armed forces; andions.he preceding sentence, s TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMSties related to weapons of mass destruction.he micro-purchase Subtitle A--National Security Programs Authorizationstion 2667(b)(1) of this title and may include such other terms as the s 00, Sec. 3101. Weapons activities.e to protect the interests of the United Sec. 3102. Defense environmental restoration and waste management.S AN Sec. 3103. Other defense activities.nder this subsection may provide Sec. 3104. Defense nuclear waste disposal.the lessee shall have the .es, Sec. 3105. Defense environmental management privatization.d by the lease if the property is then conveyed under subsection (b).oratory.---------- Subtitle B--Recurring General Provisionsservices to or for real property leased under this subsection.ply to any search-and-nt Sec. 3121. Reprogramming.rovided in appropriations Acts, any payment .90 Sec. 3122. Limits on general plant projects.under this paragraph shall 0 Sec. 3123. Limits on construction projects.or fund from which the cost Sec. 3124. Fund transfer authority.ed Services of the House of --------- Sec. 3125. Authority for conceptual and construction design.1) The ion Sec. 3126. Authority for emergency planning, design, and construction activities.as consideration for a transaction .80 Sec. 3127. Funds available for all national security programs of the 20 Department of Energy.section.o conduct two nearly Sec. 3128. Availability of funds.> Report.--Not later than March 31 each Sec. 3129. Transfers of defense environmental management funds.o the en Committee on Armed Services of the Senate and the Committee on Armed --- Subtitle C--Program Authorizations, Restrictions, and Limitationsion years, unless the Secretary of Defense approves a term in excess of 10 0 Sec. 3131. Prohibition on use of funds for certain activities under .00 formerly utilized site remedial action program.--- Sec. 3132. Continuation of processing, treatment, and disposition of of legacy nuclear materials.y the lease.ding a al Sec. 3133. Nuclear weapons stockpile life extension program. Navy shall Sec. 3134. Procedures for meeting tritium production requirements. of es Sec. 3135. Independent cost estimate of accelerator production of eal or tritium.tion (c). 12-month period and a plan for - Sec. 3136. Nonproliferation initiatives and activities.conveyance of 6s Sec. 3137. Support of theater ballistic missile defense activities of al the Department of Defense.ecretary of the Navy .00 shall accept cash, real property, personal property, or services, or any Subtitle D--Matters Relating to Safeguards, Security, and n the 0 Counterintelligenceerty conveyed or leased.10 ``(2) Subject to subsection (i), the services accepted by the owing: Sec. 3141. Short title.ph (1) may include the following:ry-to-military n Sec. 3142. Commission on Safeguards, Security, and Counterintelligence at Department of Energy facilities. United States Sec. 3143. Background investigations of certain personnel at Department of Energy facilities.,485.10 3,622.20 3,753.60 Sec. 3144. Conduct of security clearances.y support services for s With Sec. 3145. Protection of classified information during laboratory-to-.00 laboratory exchanges.mmittee on Armed Services of Sec. 3146. Restrictions on access to national laboratories by foreign - visitors from sensitive countries.ntil--s and rly Sec. 3147. Department of Energy regulations relating to the safeguarding and security of Restricted Data.cluding--annex, 40 Sec. 3148. Increased penalties for misuse of Restricted Data.action; and Sec. 3149. Supplement to plan for declassification of Restricted Data ng and formerly Restricted Data. will meet the for 0 purposes of this section; and10.90 2,910.90 2,910.90 [[Page 113 STAT. 915]]riod of 30 calendar days has elapsed following the date on which the notification is received by those committees.y Sec. 3150. Notice to congressional committees of certain security and counterintelligence failures within nuclear energy defense programs. be known as the `Ford Island Sec. 3151. Annual report by the President on espionage by the People's Republic of China.the account the following rates Sec. 3152. Report on counterintelligence and security practices at re national laboratories.ropriated to the account. '; Sec. 3153. Report on security vulnerabilities of national laboratory unt computers.ived by the Secretary for a transaction Sec. 3154. Counterintelligence polygraph program.ge or contact program - Sec. 3155. Definitions of national laboratory and nuclear weapons na .00 production facility.paragraph (2), to the extent 0 Sec. 3156. Definition of Restricted Data.s, funds in the Ford Island a 0 Improvement Account may be used as follows:uested visit by the 1,899.30 Subtitle E--Matters Relating to Personnel out of a blic transaction authorized by this section..20 1,520.10 1,593.90 Sec. 3161. Extension of authority of Department of Energy to pay ties at voluntary separation incentive payments.ation Army Sec. 3162. Fellowship program for development of skills critical to the Department of Energy nuclear weapons complex.he Sec. 3163. Maintenance of nuclear weapons expertise in the Department of Defense and Department of Energy. subchapter IV of Sec. 3164. Whistleblower protection program.of the Navy,d States and the People's Republic of China in 1999. Strategic Planning $3,271.50 Subtitle F--Other Matterstary exchanges or 40.10 contacts between the United States and the People's Republic of Sec. 3171. Requirement for plan to improve reprogramming processes.e, 60 Sec. 3172. Integrated fissile materials management plan.ccompanied 6.20 Sec. 3173. Identification in budget materials of amounts for military d declassification activities and limitation on 5.90 expenditures for such activities.Ford Island c of Sec. 3174. Sense of Congress regarding technology transfer coordination for Department of Energy national laboratories.t - Sec. 3175. Pilot program for project management oversight regarding f 6 Department of Energy construction projects.ed ---- Sec. 3176. Pilot program of Department of Energy to authorize use of h prior year unobligated balances for accelerated 60 site cleanup at Rocky Flats Environmental sified 0 Technology Site, Colorado. (A) to a fund referred Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats .20 Environmental Technology Site, Colorado, to Waste Isolation Pilot Plant, New Mexico.of Chinese grand Sec. 3178. Comptroller General report on closure of Rocky Flats Except 0 Environmental Technology Site, Colorado. section . Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New ----- Mexico.67 and 2696 of this title. section shall t ``(2) Section 501 of the Stewart B. McKinney Homeless r Subtitle A--National Security Programs Authorizationstrategy, ``(3) Sections 202 and 203 of the Federal Property and .ort SEC. 3101. WEAPONS ACTIVITIES.s Act of 1949 (40 U.S.C. 483, 484). to establish the People's Republic of China as the leading or (a) In General.--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 $4,489,995,000, to be allocated as follows:ct of 1985.erved less than 4 (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 ion necessary for national security programs in the amount of the $2,252,300,000, to be allocated as follows:he Secretary to be a (A) For core stockpile stewardship, $1,743,500,000, to be allocated as follows:ilities.''.ine, focusing on (i) For operation and maintenance, ion in me $1,610,355,000.beginning of such subchapter is nts (ii) For plant projects (including spionage, maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior of years, and land acquisition related thereto), de, $133,145,000, to be allocated as follows:n Taiwan, Project 00-D-103, terascale wing new simulation facility, Lawrence Livermore National Laboratory, Livermore, nsfers California, $8,000,000.this title, ur subject to the restrictions on the use of the transferred duct [[Page 113 STAT. 916]]ied in that section.''; andadrennial defense (2) in paragraph (2), by adding at the end the following new Project 00-D-105, strategic ents of computing complex, Los Alamos National d Laboratory, Los Alamos, New Mexico, and $26,000,000.se of the transferred agraph Project 00-D-107, joint n with the computational engineering laboratory, Sandia National Laboratories, N all be Albuquerque, New Mexico, $1,800,000. Project 99-D-102, rehabilitation of maintenance facility, Lawrence Livermore National Laboratory, Livermore, January California, $3,900,000.congressional he Project 99-D-103, isotope sciences - facilities, Lawrence Livermore National Laboratory, Livermore, California, ted $2,000,000.vely; andose operations not Project 99-D-104, protection of real property (roof reconstruction, Phase int II), Lawrence Livermore National rson, d Laboratory, Livermore, California, full $2,400,000. a State or local strategy Project 99-D-105, central health of physics calibration facility, Los Alamos National Laboratory, Los Alamos, New by Mexico, $1,000,000.le entities''.e Project 99-D-106, model validation s and system certification test center, de Sandia National Laboratories, eport (and Albuquerque, New Mexico, $6,500,000.' Project 99-D-108, renovate existing roadways, Nevada Test Site, Nevada, `the $7,005,000.ests of the United States ry Project 97-D-102, dual-axis military radiographic hydrotest facility, Los r'' Alamos National Laboratory, Los Alamos, New Mexico, $61,000,000.nserting ``the Project 96-D-102, stockpile d States stewardship facilities revitalization, Phase VI, various locations, $2,640,000. Project 96-D-104, processing and new environmental technology laboratory, e Sandia National Laboratories, ted States Albuquerque, New Mexico, $10,900,000. (B) For inertial fusion, $475,700,000, to be ity''; allocated as follows:itary objectives of the United of (i) For operation and maintenance, it appears $227,600,000. eligible entity'';ally Short Wartime (ii) For the following plant project l'' and (including maintenance, restoration, planning, r construction, acquisition, and modification of g facilities, and land acquisition related thereto), $248,100,000, to be allocated as follows: ense Project 96-D-111, national ignition facility, Lawrence Livermore National Laboratory, Livermore, California, n $248,100,000. decision on the conduct of (C) For technology partnership and education, s $33,100,000, of which $14,500,000 shall be allocated for technology partnership and $18,600,000 shall be allocated for education.ading of section 2875 of such c (2) Stockpile management.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 ic for stockpile management in carrying out weapons activities necessary for national security programs in the amount of pace $2,023,300,000, to be allocated as follows:ubchapter IV of (A) For operation and maintenance, $1,864,621,000.or such section and inserting the following new item: be attacked during [[Page 113 STAT. 917]]ion Allied Force, including an analysis of the ``2875. Investments.''. leading to the bombing of the Embassy of the r . (B) For plant projects (including maintenance, licts restoration, planning, construction, acquisition, ombing modification of facilities, and the continuation of s or projects authorized in prior years, and land acquisition related thereto), $158,679,000, to be allocated as ry.ve follows:e 10, United States Code, is amended--sets in to Project 99-D-122, rapid reactivation, various locations, $11,700,000.nd ability to provide under Project 99-D-127, stockpile management :he restructuring initiative, Kansas City Plant, f the Kansas City, Missouri, $17,000,000.nts in a(a)(1) Project 99-D-128, stockpile management and , restructuring initiative, Pantex Plant a) may not consolidation, Amarillo, Texas, $3,429,000.g of Project 99-D-132, stockpile management ty is e restructuring initiative, nuclear material ition s safeguards and security upgrades project, Los the Alamos National Laboratory, Los Alamos, New Force Mexico, $11,300,000.e Command;t be shifted among Project 98-D-123, stockpile management and e restructuring initiative, tritium facility rations modernization and consolidation, Savannah River of Plant, Aiken, South Carolina, $21,800,000.rs of , Project 98-D-124, stockpile management e armed restructuring initiative, Y-12 Plant OJECTS ansfer consolidation, Oak Ridge, Tennessee, $3,150,000.s Project 98-D-125, tritium extraction facility, Savannah River Plant, Aiken, South Carolina, by $33,000,000.ning,''.ence posture of those ion Project 98-D-126, accelerator production of y tritium, various locations, $31,000,000. r '.fice. Project 97-D-123, structural upgrades, Kansas City Plant, Kansas City, Missouri, $4,800,000.the Project 95-D-102, chemistry and metallurgy ) research upgrades project, Los Alamos National ng Laboratory, Los Alamos, New Mexico, $18,000,000. Project 88-D-123, security enhancements, t (as Pantex Plant, Amarillo, Texas, $3,500,000.ed er (3) Program direction.--Funds are hereby authorized to be h- appropriated to the Department of Energy for fiscal year 2000 he for program direction in carrying out weapons activities related necessary for national security programs in the amount of on (b) $241,500,000.ended to read as follows:ited States and NATO nd ``(b) Under such regulations as the Secretary of Defense may ing 30, (b) Adjustment.--The total amount authorized to be appropriated r pursuant to subsection (a) is the sum of the amounts authorized to be appropriated in paragraphs (1) through (3) of that subsection, reduced by $27,105,000.1) the amount specified in section 2805(c)(1) of this on SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT. a deficiency that is life-threatening, health-threatening, or t (a) In General.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for environmental this to restoration and waste management in carrying out programs necessary for national security in the amount of $5,495,868,000, to be allocated as or follows: CARRY OUT MILITARY CONSTRUCTION f other f the (1) Closure projects.--For closure projects carried out in accordance with section 3143 of the National Defense of er this Authorization Act for Fiscal Year 1997 (Public Law 104-201;from (1) in preparing the budget for each fiscal year for ty and [[Page 113 STAT. 918]]ruction for submission to Congress under section 1105 of title 31, United States Code, the President should nder 110 Stat. 2836; 42 U.S.C. 7274n) in the amount of ary d of the $1,069,492,000.oject that is sufficient to produce a complete (2) Site project and completion.--For site project and an 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:ed the (A) For operation and maintenance, $892,629,000. (B) For plant projects (including maintenance, ld restoration, planning, construction, acquisition, or the modification of facilities, and the continuation of on projects authorized in prior years, and land acquisition related thereto), $88,290,000, to be allocated as h follows:OF THE DEPARTMENT OF DEFENSE. O-6'' and Project 99-D-402, tank farm support services, F&H areas, Savannah River Site, Aiken, South h the Carolina, $3,100,000.place ordnance and other Project 99-D-404, health physics Y FOR tions. instrumentation laboratory, Idaho National ed that Engineering and Environmental Laboratory, Idaho, $7,200,000.United States Code, is amended by end e Project 98-D-401, H-tank farm storm water . of systems upgrade, Savannah River Site, Aiken, South Carolina, $2,977,000.in a classified form and an Project 98-D-453, plutonium stabilization and handling system for plutonium finishing plant, Richland, Washington, $16,860,000. by adding at Project 98-D-700, road rehabilitation, Idaho r National Engineering and Environmental Laboratory, Idaho, $2,590,000.y other contract for utility y Project 97-D-450, Actinide packaging and the storage facility, Savannah River Site, Aiken, od South Carolina, $4,000,000.r Acquisition, of the Project 97-D-470, regulatory monitoring and d bioassay laboratory, Savannah River Site, Aiken, South Carolina, $12,220,000.rmer Yugoslavia (in Project 96-D-406, spent nuclear fuels canister storage and stabilization facility, Richland, , Washington, $24,441,000.g) and (h) as subsections Project 96-D-464, electrical and utility and systems upgrade, Idaho Chemical Processing Plant, Idaho National Engineering and Environmental ches Laboratory, Idaho, $11,971,000.iolations of the Project 96-D-471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit, Savannah River Site, Aiken, South erned Carolina, $931,000. for the project to facilitate Project 86-D-103, decontamination and waste nd treatment facility, Lawrence Livermore National f Laboratory, Livermore, California, $2,000,000.g -- (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 $2,919,948,000, to be allocated as follows:e detailed (A) For operation and maintenance, $2,873,697,000.rt (B) For plant projects (including maintenance, y (in restoration, planning, construction, acquisition, e, and modification of facilities, and the continuation of trol projects authorized in prior years, and land acquisition related thereto), $46,251,000, to be allocated as 60 the follows:g at the end the following new paragraph:nd he ``(4) The disposal of real property of the United States for [[Page 113 STAT. 919]]etary will be the disposal agent.''.facie evidence SEC. 2814. OPERATIONS OF NAVAL ACADEMY DAIRY FARM. as well as possible Project 00-D-401, spent nuclear fuel treatment and storage facility, title I and II, Savannah River Site, Aiken, South Carolina, $7,000,000.nde Project 99-D-403, privatization phase I w ---- infrastructure support, Richland, Washington, ould $13,988,000.rrent to further atrocities.f Defense Project 97-D-402, tank farm restoration and o safe operations, Richland, Washington, nowledge of $20,516,000.ey received from a lease entered into Project 94-D-407, initial tank retrieval ct s systems, Richland, Washington, $4,060,000.o the Project 93-D-187, high-level waste removal from filled waste tanks, Savannah River Site, he Aiken, South Carolina, $8,987,000.NESS OF combat (4) Science and technology.--For science and technology in carrying out environmental restoration and waste management of activities necessary for national security programs in the h amount of $230,500,000.ands Defined.--In this section, the term (5) Program direction.--For program direction in carrying out environmental restoration and waste management activities t necessary for national security programs in the amount of y or n $339,409,000.eath the Military Operating Areas, Restricted the Areas, and airspace that make up the Utah Test and Training Range.ty-one (b) Adjustments.--(1) The total amount authorized to be appropriated in subsection (a) is the sum of the amounts authorized to be g, and uch appropriated in paragraphs (1) through (5) of that subsection reduced by $44,400,000, to be derived from environmental restoration and waste dy, management, environment, safety, and health programs.:ing to acquisition (2) The amount authorized to be appropriated pursuant to subsection (a)(3)(B) is reduced by $8,300,000.Training Range, as well as projected requirements for the support of aircraft, unmanned aerial of SEC. 3103. OTHER DEFENSE ACTIVITIES.s, and other military requirements. (2) The future requirements for force structure and doctrine (a) In General.--Funds are hereby authorized to be appropriated to t the Department of Energy for fiscal year 2000 for other defense e.sition activities in carrying out programs necessary for national security in the amount of $1,805,959,000, to be allocated as follows:ommunications (1) Nonproliferation and national security.--For ent ll nonproliferation and national security, $732,100,000, to be und allocated as follows:nt issues.y under indictment;ng ``$12,000'' (A) For verification and control technology, bar the $497,000,000, to be allocated as follows:efense shall y (i) For nonproliferation and verification and research and development, $221,000,000, to be allocated as follows:ry of Defense submits to ble (I) For operation and maintenance, $215,000,000.nt of any individual ating (II) For plant projects (including f maintenance, restoration, planning, ape, construction, acquisition, modification of facilities, and the continuation of w projects authorized in prior years, and land acquisition related thereto), lity $6,000,000, to be allocated as follows: Project 00-D-192, teriel t nonproliferation and E -Not international security center, Los Alamos National Laboratory, Los Alamos, New Mexico, ation $6,000,000. Alabama, and housing (ii) For arms control, $276,000,000.wn and (B) For nuclear safeguards and security, lligence''. $59,100,000.bsection (a) that the new Strategic Concept (C) For international nuclear safety, $24,700,000. the President should submit the new Strategic Concept of NATO to the es [[Page 113 STAT. 920]]ny reference in a law, map, regulation, document, paper, or other record of the United States to the missile intelligence (D) For security investigations, $44,100,000.ference (E) For emergency management, $21,000,000.ining an (F) For highly enriched uranium transparency y implementation, $15,750,000. and Realignmenth particular (G) For program direction, $90,450,000.al member y (2) Intelligence.--For intelligence, $36,059,000. area'' or (3) Counterintelligence.--For counterintelligence, tive -- $39,200,000.-For the purposes of this section, the term ``new (4) Worker and community transition assistance.--For worker and community transition assistance, $30,000,000, to be 510; 10 allocated as follows:-April 23 and 24, 1999.d exchanges.n is (A) For worker and community transition, OR nactive- $26,500,000.nserting ``or realigned'' after ``closed''; (B) For program direction, $3,500,000.ct on October (5) Fissile materials control and disposition.--For fissile materials control and disposition, $200,000,000, to be allocated as follows:redesignating subparagraphs (C), (D), (E), and (F) as (A) For operation and maintenance, $129,766,000., on (B) For program direction, $7,343,000. the following (C) For plant projects (including maintenance, uct restoration, planning, construction, acquisition, e modification of facilities, and the continuation of oast projects authorized in prior years, and land acquisition related thereto), $62,891,000, to be allocated as nd follows: that the proceeds from any sale or lease of the Project 00-D-142, immobilization and elopment associated processing facility, various locations, $21,765,000.aragraph (A) shall be used to support Project 99-D-141, pit disassembly and lation; conversion facility, various locations, such ing $28,751,000.reement for transfer of the property Project 99-D-143, mixed oxide fuel fabrication facility, various locations, $12,375,000.ion or (6) Environment, safety, and health.--For environment, ns ce safety, and health, defense, $98,000,000, to be allocated as rt follows:Any Department of Defense assumptions about the ability (A) For the Office of Environment, Safety, and m a Health (Defense), $73,231,000.o pay for, or offset the e (B) For program direction, $24,769,000.on for any of (7) Office of hearings and appeals.--For the Office of nomic Hearings and Appeals, $3,000,000.allation:ons about the combat t (8) Naval reactors.--For naval reactors, $677,600,000, to be allocated as follows:tion management facilities.security or f (A) For naval reactors development, $657,000,000, to be allocated as follows:ction facilities and other to s. (i) For operation and maintenance, military $633,000,000.ion.ational Military Strategy of the (ii) For plant projects (including rmed maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior be years, and land acquisition related thereto), the $24,000,000, to be allocated as follows: and rve GPN-101 general plant projects, of various locations, $9,000,000.BER all a Project 98-D-200, site laboratory/ facility upgrade, various locations, $3,000,000. in the national interest of Project 90-N-102, expended core and facility dry cell project, Naval of Reactors Facility, Idaho, $12,000,000. (B) For program direction, $20,600,000.hority such h portion of the proceeds from a sale or lease described in subparagraph (b) Adjustments.--(1) The total amount authorized to be appropriated pursuant to subsection (a) is the sum of the amountsmic redevelopment of, or related to, the installation for the period specified in tes [[Page 113 STAT. 921]]United States Naval Academy, the United States Air (4) in subparagraph (F), as redesignated by paragraph (2)-- authorized to be appropriated in paragraphs (1) through (8) of that rmed subsection, reduced by $10,000,000. clause (ii); andhe Armed Forces that (2) The amount authorized to be appropriated pursuant to subsection (a)(1)(D) is reduced by $20,000,000 to reflect an offset provided by l e user organizations for security investigations.Department of Defense es ``(H)(i) In the case of an agreement for the transfer of property of SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.ph that was entered into he before April 21, 1999, the Secretary may modify the agreement, and in so (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.sary; CHINESE MILITARY AFFAIRS.rting ``$20,000''.ns to (b) Adjustment.--The amount authorized to be appropriated pursuant to subsection (a) is reduced by $39,000,000.n made to the Secretary;ed SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.ompromise, nal waive, adjust, release, or reduce any right, title, claim, lien, (a) In General.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for privatization shall be initiatives in carrying out environmental restoration and waste ates is management activities necessary for national security programs in the amount of $228,000,000, to be allocated as follows:ited States for the Project 98-PVT-2, spent nuclear fuel dry storage, Idaho are Falls, Idaho, $5,000,000.e under the original agreement to fund Project 98-PVT-5, environmental management and waste ) of e disposal, Oak Ridge, Tennessee, $20,000,000.e Closure and he Project 97-PVT-1, tank waste remediation system phase I, l Hanford, Washington, $106,000,000.r nonappropriated funds in o Project 97-PVT-2, advanced mixed waste treatment facility, Idaho Falls, Idaho, $110,000,000.).sseminate the research Project 97-PVT-3, transuranic waste treatment, Oak Ridge, or Tennessee, $12,000,000.authority granted by clause (i), the to Secretary may waive some or all future payments if, and to the extent (b) Explanation of Adjustment.--The amount authorized to be OF ter appropriated in subsection (a) is the sum of the amounts authorized to be appropriated for the projects in that subsection reduced by C), and $25,000,000 for use of prior year balances of funds for defense ause environmental management privatization.s.>> Report.--(1) Not later than ``(I) In the case of an agreement for the transfer of property of a Subtitle B--Recurring General Provisionsred into during the period beginning on April 21, 1999, and ending on the date of ti se SEC. 3121. REPROGRAMMING. Defense Authorization Act for Fiscal Year ion 2000, at the request of the redevelopment authority concerned, the o (a) In General.--Until the Secretary of Energy submits to the ments congressional defense committees the report referred to in subsection e (b) and a period of 45 days has elapsed after the date on which such committees receive the report, the Secretary may not use amounts t shall appropriated pursuant to this title for any program--e date on which the (1) in amounts that exceed, in a fiscal year--ry considers d (A) 110 percent of the amount authorized for that program by this title; orNSULA.resentatives not later - (B) $1,000,000 more than the amount authorized for that program by this title; ort (Public Law 100-526; 10 (2) which has not been presented to, or requested of, on the Congress.n subparagraph (A)--nsula. The report shall be lty or (A) by inserting ``or realigned'' after ``closed''; (b) Report.--(1) The report referred to in subsection (a) is a report containing a full and complete statement of the actionneration on the installation'' before the period at the end;e who [[Page 113 STAT. 922]]esignating subparagraphs (C), (D), and (E) as ted subparagraphs (E), (F), and (I), respectively; the armed forces proposed to be taken and the facts and circumstances relied upon in wing support of such proposed action. challenges posed by the armed forces of (2) In the computation of the 45-day period under subsection (a), y 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 nt nce certain.y with respect to the installation--e United States Pacific not (c) Limitations.--(1) In no event may the total amount of funds the obligated pursuant to this title exceed the total amount authorized to be appropriated by this title.ast the first seven years after the date (2) Funds appropriated pursuant to this title may not be used for an item for which Congress has specifically denied funds.the installation; and (A) is continuing to pursue a nuclear weapons ld SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.r transfer of the property l and accepts control of the property within a reasonable time h e (a) In General.--The Secretary of Energy may carry out any ion or 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.the integrity of any program of the Department of e ed (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 omic immediately furnish a complete report to the congressional defense e on committees explaining the reasons for the cost variation.y under ne ``(ii) Transportation management facilities.OF ary under er SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.r construction.le to the tary ``(iv) Police and fire protection facilities and other d (a) In General.--(1) Except as provided in paragraph (2), shall be construction on a construction project may not be started or additional obligations incurred in connection with the project above the total d in 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--olition.lligence agents, Abd al-Baset Ali al-Megrahi and Al- (A) the amount authorized for the project; orr public from (B) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress. installation.dhafi.>> The United Nations Security Council called for the extradition of those suspects in Security (2) An action described in paragraph (1) may be taken if--ity such (A) the Secretary of Energy has submitted to the paragraph congressional defense committees a report on the actions and the circumstances making such action necessary; and redevelopment n (B) a period of 30 days has elapsed after the date on which the report is received by the committees.rt for terrorism, turn (4) in subparagraph (E), as redesignated by paragraph (2)-- (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.13 STAT. 856]]) a worldwide ban on Libya's national airline; (b) Exception.--Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000.ew es subparagraphs:) a prohibition on supplying arms, airplane parts, SEC. 3124. FUND TRANSFER AUTHORITY.ipment to Libya, and a blocking of ``(G)(i) In the case of an agreement for the transfer of property of (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 United States, if--o stand trial..nt No. ``(I) the Secretary determines that as a result of changed , [[Page 113 STAT. 923]]mstances, a modification of the agreement is r the necessary;o The Netherlands, where they would stand trial under 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. not compromise, (b) Transfer Within Department of Energy.--(1) Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be use for 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 e ' period as the authorization to which the amounts are transferred.r the (2) Not more than five percent of any such authorization may be are transferred between authorizations under paragraph (1). No such to fund authorization may be increased or decreased by more than five percent by a transfer under such paragraph. investment made with commissary store h (c) Limitation.--The authority provided by this section to transfer authorizations--greement being modified, in accordance with section ds (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 the e d transferred; and or all future payments if, and to the extent e (2) may not be used to provide funds for an item for which Congress has specifically denied funds.nt that the transfer be t without consideration, the requirements of subparagraphs (B), (C), and e (d) Notice to Congress.--The Secretary of Energy shall promptly r notify the Committee on Armed Services of the Senate and the Committee y on Armed Services of the House of Representatives of any transfer of a funds to or from authorizations under this title.as entered into during SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.te of xceed enactment of the National Defense Authorization Act for Fiscal Year t to (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 he national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project.e eneral's ay (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.ALIGN MILITARY llows: (3) The requirement in paragraph (1) does not apply to a request for funds-- terrorist groups, including the PIJ and the PFLP-GC''. of (A) for a construction project the total estimated cost of which is less than $5,000,000; orof 1990 (part A of title XXIX e (B) for emergency planning, design, and construction at the activities under section 3126.of countries the governments of ``(3) The Account shall be closed at the time and in the manner onal (b) Authority for Construction Design.--(1) Within the amounts t of authorized by this title, the Secretary of Energy may carry out t upon construction design (including architectural and engineering services) in connection with any proposed construction project if the total r estimated cost for such design does not exceed $600,000.luding the use (2) If the total estimated cost for construction design in l, to o connection with any construction project exceeds $600,000, funds for il such design must be specifically authorized by law.on (c)(2).''. es. (b) Effect of Continuation on Use of Account.--Subsection (b)(1) of [[Page 113 STAT. 924]]d by adding at the end the following new sentence: ``After July 13, 2001, the Account shall be the sole source of Federal m SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND and other ined CONSTRUCTION ACTIVITIES.at military ibe ade installations closed or realigned under this part or such title II.''. (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 rt'' Energy national security program construction project that, as r the de determined by the Secretary, must proceed expeditiously in order to d protect public health and safety, to meet the needs of national defense, or to protect property.e Secretary to carry out a closure or realignment (b) Limitation.--The Secretary may not exercise the authority under subsection (a) in the case of any construction project until the Asia Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this rce section and the circumstances making such activities necessary.gn (c) Specific Authority.--The requirement of section 3125(b)(2) does not apply to emergency planning, design, and construction activities nel conducted under this section.ICTION, FORT SAM HOUSTON, TEXAS.nes and SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF ed y, THE DEPARTMENT OF ENERGY.Cemetery.--The al Secretary of the Army may transfer, without reimbursement, to the e as Subject to the provisions of appropriations Acts and section 3121, t amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when n, necessary, in connection with all national security programs of the as Department of Energy.-The Secretary of Veterans Affairs shall include the real property transferred under subsection (a) in the Fort Sam eal SEC. 3128. AVAILABILITY OF FUNDS. the conveyed property as a national cemetery under chapter 24 of title 38, United States Code.y, down from g (a) In General.--Except as provided in subsection (b), when so of specified in an appropriations Act, amounts appropriated for operation and maintenance or for plant projects may remain available until The or expended.he survey shall be borne by the Secretary of Veterans Affairs. (b) Exception for Program Direction Funds.--Amounts appropriated for program direction pursuant to an authorization of appropriations in subtitle A shall remain available to be expended only until the end of fiscal year 2001.otect the interests of the United States.. In response, SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.block 12 normal retirements and separations.mum amounts specified in (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 nd to environmental management funds from a program or project under the ng of jurisdiction of the office to another such program or project.ose of (b) Limitations.--(1) Only one transfer may be made to or from any program or project under subsection (a) in a fiscal year.d Readiness is (2) The amount transferred to or from a program or project under subsection (a) may not exceed $5,000,000 in a fiscal year. tempo and ng (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.City in and to a parcel of real property consisting (4) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds by a rational (c) Description of Property.--The exact acreage and legal missions; [[Page 113 STAT. 925]]cels to be conveyed under this section shall be e determined by a survey satisfactory to the Secretary. The cost of the or for a new program or project that has not been authorized by an begin Congress.dditional Terms and Conditions.--The Secretary may require such (c) Exemption From Reprogramming Requirements.--The requirements of section 3121 shall not apply to transfers of funds pursuant to the er subsection (a).e United States.nt shall submit to the Committee on Armed (d) Notification.--The Secretary, acting through the Assistant d 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.ty of Bangor, Maine (in this section (e) Definitions.--In this section:t, title, and interest of the (1) The term ``program or project'' means, with respect to a field office of the Department of Energy, any of the following:g (A) A program referred to or a project listed in er paragraph (2) or (3) of section 3102.e City to develop (B) A program or project not described in support of 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 he pay environmental management funds have been authorized and appropriated before the date of the enactment of this e Act.on (a) is under the jurisdiction of the ecretary (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 not programs.ns (b) through (d) of such section 2696 shall apply to the screening under paragraph (1) as if the screening were a screening l (f) Duration of Authority.--The managers of the field offices of the Department may exercise the authority provided under subsection (a) 0 during the period beginning on October 1, 1999, and ending on September 30, 2000.ion shall be the date of the enactment of this Act.port.yed (d) Reversionary Interest.--During the five-year period beginning on Subtitle C--Program Authorizations, Restrictions, and Limitationsn y official making the conveyance determines that the conveyed property is SEC. 3131. PROHIBITION <> ON USE OF FUNDS ght, FOR CERTAIN ACTIVITIES UNDER FORMERLY nited n. UTILIZED SITE REMEDIAL ACTION PROGRAM.entry onto the property. Any determination under this subsection shall be made 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 wing conduct treatment, storage, or disposal activities at any site ms.--For designated as a site under the Formerly Utilized Site Remedial Action y Program as of the date of the enactment of this Act. the conveyance. The SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION blic OF LEGACY NUCLEAR MATERIALS. having s, and jurisdiction over the property authorized to be conveyed by subsection The Secretary of Energy shall continue operations and maintain a nd high state of readiness at the F-canyon and H-canyon facilities at the Savannah River Site, Aiken, South Carolina, and shall provide the ated f technical staff necessary to operate and so maintain such facilities.ff- ILLINOIS.ms.ich the member resides when on [[Page 113 STAT. 926]]at the member's permanent duty station.301(a) of (a) Conveyance Authorized.--The Secretary of the Army may convey, SEC. 3133. NUCLEAR <> WEAPONS STOCKPILE eat LIFE EXTENSION PROGRAM.title, and interest of the United States in and to a parcel of real property, including ntive (a) Program Required.--The Secretary of Energy shall, in n Kankakee, consultation with the Secretary of Defense, carry out a program to r the provide for the extension of the effective life of the weapons in the nuclear weapons stockpile.ic purposes.--Of the $475,500,000 authorized ) (b) Administrative Responsibility for Program.--(1) The program in under subsection (a) shall be carried out through the element of the han Department of Energy with responsibility for defense programs. The cost (2) For each budget submitted by the President to Congress under ers section 1105 of title 31, United States Code, the amounts requested for the program shall be clearly identified in the budget justification ion materials submitted to Congress in support of that budget.operty is not (c) Program Plan.--As part of the program under subsection (a), the Secretary shall develop a long-term plan for the extension of the erty, effective life of the weapons in the nuclear weapons stockpile. The plan shall include the following:have the right of immediate entry onto the (1) Mechanisms to provide for the remanufacture, ction shall refurbishment, and modernization of each weapon design Navy, in designated by the Secretary for inclusion in the enduring e such nuclear weapons stockpile as of the date of the enactment of er this Act. the Secretary considers appropriate to protect the (2) Mechanisms to expedite the collection of information of necessary for carrying out the program, including information relating to the aging of materials and components, new ,000.(a) manufacturing techniques, and the replacement or substitution of materials. Authorized.--The Secretary of the Army may convey, 7 (3) Mechanisms to ensure the appropriate assignment of roles and missions for each nuclear weapons laboratory and production plant of the Department, 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.er for the purpose of permitting the of (4) Mechanisms for allocating funds for activities under the program, including allocations of funds by weapon type and d facility.e real property to be conveyed under subsection (a) be (5) An identification of the funds needed, in the current t fiscal year and in each of the next five fiscal years, to carry out the program.erest.--During the five-year period beginning on the date the Secretary makes the conveyance authorized under subsection (d) Annual <> Submittal of Plan.--(1) The Secretary shall submit to the Committees on Armed Services of the Senate and the n 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.0]]title.bers of the armed forces, the limitation in (c) Limited Authority To Vary Individual Amounts.--(1) Subject to (2) The Secretary shall submit to the committees referred to in ts 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 er under paragraph (1). Each update shall contain the same level of detail as the plan submitted under paragraph (1).The Secretary may require such (e) GAO <> Assessment.--Not later than 30 days der after the submission of the plan under subsection (d)(1) or any update of the plan under subsection (d)(2), the Comptroller General shall n to submit to the committees referred to in subsection (d)(1) an assessment of (MARINE) NUMBER 84, MARCUS HOOK, er with a ing PENNSYLVANIA.ification for doing so; and of [[Page 113 STAT. 927]]s have elapsed following the date of the f joint f (a) Conveyance Authorized.--The Secretary of the Army may convey, er whether the program can be carried out under the plan or the update (as applicable)--referred to as the ``Borough''), all right, title, and raph (1) in the current fiscal year, given the budget for that fiscal year; andhereon, consisting of approximately 5 acres that (2) in future fiscal years. Marcus Hook, Pennsylvania, and contains the facility known as the Army Maintenance Support Activity (f) Sense of Congress Regarding Funding of Program.--It is the sense of Congress that the President should include in each budget for a t ed 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.rposes; orth Russia any peacekeeping exercise or gies SEC. 3134. PROCEDURES FOR MEETING TRITIUM PRODUCTION REQUIREMENTS.ivate entity for use for such purposes.ional concepts; total period of (a) Production of New Tritium.--The Secretary of Energy shall ents, produce new tritium to meet the requirements of the Nuclear Weapons Stockpile Memorandum at the Tennessee Valley Authority Watts Bar or l Sequoyah nuclear power plants consistent with the Secretary's December n 22, 1998, decision document designating the Secretary's preferred d s of tritium production technology.g any improvements thereon, shall revert (b) Support.--To support the method of tritium production set forth in subsection (a), the Secretary shall design and construct a new this tritium extraction facility in the H-Area of the Savannah River Site, om Aiken, South Carolina.ion 301 of this Act, and no funds appropriated to (c) Design and Engineering Development.--The Secretary shall--of the (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, such decision document; ands in connection with the conveyance under (2) make available those funds necessary to complete the y . engineering development and demonstration, preliminary design, f and detailed design of key elements of the system consistent by with the Secretary's decision document of December 22, 1998.ed SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCELERATOR PRODUCTION OF m, the TRITIUM..--The Secretary of the Army may ar convey, without consideration, to the City of Juneau, Alaska, all right, (a) Independent Cost Estimate.--(1) The Secretary of Energy shall : obtain an independent cost estimate of the accelerator production of ay tritium.u, Alaska, and consisting of approximately 0.04 acres and the (2) The estimate shall be obtained from an entity not within the Department of Energy. the recipient to use the parcel for navigation- (3) The estimate shall be conducted at the highest possible level of detail, but in no event at a level of detail below that currently ment defined by the Secretary as Type III, ``parametric estimate''.f weapons (b) Report.--Not <> later than April 1, 2000, the Secretary shall submit to the congressional defense committees a report on the independent cost estimate obtained pursuant to subsection (a).and SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.l property, for e including improvements thereon, located in Whittier, Alaska, and ) until (a) Initiative for Proliferation Prevention Program.--(1) Not more than 35 percent of the funds available in any fiscal year after fiscal o year 1999 for the Initiatives for Proliferation Prevention program (IPP) may be obligated or expended by thehe exact acreage and legal 404 of description of the real property to be conveyed under subsections (a) of [[Page 113 STAT. 928]]mined by surveys satisfactory to the Secretary. le The cost of the surveys shall be borne by the recipient of the real ve Department of Energy national laboratories to carry out or provide ures oversight of any activities under that program.e-year period beginning (2)(A) None of the funds available in any fiscal year after fiscal year 1999 for the Initiatives for Proliferation Prevention program may be used to increase or otherwise supplement the pay or benefits of a he scientist or engineer if the scientist or engineer-- the property, funds (i) is currently engaged in activities directly related to f the design, development, production, or testing of chemical or biological weapons or a missile system to deliver such weapons; or the record after an opportunity for a hearing.ormation (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.at protect the interests of the United States.d until the Secretary of d y (B) None of the funds available in any fiscal year after fiscal year 1999 for the Initiatives for Proliferation Prevention program may be made available to an institute if the institute--the Army may convey, (i) is currently involved in activities described in the subparagraph (A)(i); oron referred to as the ``Department''), g (ii) was not formerly involved in activities described in subparagraph (A)(ii).mprovements thereon, consisting of s for approximately 130 acres at Fort Huachuca, Arizona, for the purpose of (3)(A) No funds available for the Initiatives 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 n (a) to associated with or related to weapons of mass destruction with a e cost representative of a country of proliferation concern.ommittees a (B) For purposes of this paragraph, the term ``country of quire such proliferation concern'' means any country so designated by the Director of Central Intelligence for purposes of the Initiatives for tect the t Proliferation Prevention program.dated version of the multiyear plan for (4)(A) The Secretary of Energy shall prescribe procedures for the review of projects under the Initiatives for Proliferation Prevention 3- program. The purpose of the review shall be to ensure the following:cian (i) That the military applications of such projects, and any information relating to such applications, is not inadvertently transferred or utilized for military purposes.'), all right, s (ii) That activities under the projects are not redirected toward work relating to weapons of mass destruction.oximately (iii) That the national security interests of the United ast States are otherwise fully considered before the commencement of the projects.urpose of permitting the Township to develop the parcel for affordable housing and for recreational purposes.t;United (B) <> Not later than 30 days after the date on which the Secretary prescribes the procedures required by on, 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. real property to be conveyed under subsection (a) y (5)(A) The Secretary shall evaluate the projects carried out under the Initiatives for Proliferation Prevention program for commercial a purposes to determine whether or not such projects are likely to achieve their intended commercial objectives.nnection with the conveyance under (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.ES ARMY AMMUNITION PLANT, 10, (6) Funds appropriated for the Initiatives for Proliferation of Prevention program may not be used to pay any tax or customs duty levied by the government of the Russian Federation. In thery of the Army may convey to the City of Arden Hills, Minnesota (in this section referred s [[Page 113 STAT. 929]]ll right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, event payment of such a tax or customs duty with such funds is unition unavoidable, the Secretary of Energy shall--y to construct a city hall (A) after such payment, submit a report to the congressional defense committees explaining the particular circumstances may making such payment under the Initiatives for Proliferation he r Prevention program with such funds unavoidable; andtates in and (B) ensure that sufficient additional funds are provided to the Initiatives for Proliferation Prevention Program to offset the amount of such payment.y to construct a maintenance facility on the parcel.reat Reduction Act of 1993 (title XII of Public Law 103-nt (b) Nuclear Cities Initiative.--(1) No amounts authorized to be his appropriated by this title for the Nuclear Cities Initiative may be by 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. the City, (2) Notwithstanding a certification under paragraph (1), amounts se authorized to be appropriated by this title for the Nuclear Cities Initiative may not be obligated or expended for purposes of providing of assistance under the initiative to more than three nuclear cities, and e more than two serial production facilities, in Russia in fiscal year all 2000.termined by surveys satisfactory to the Secretary. The cost of the (3)(A) The Secretary shall conduct a study of the potential economic effects of each commercial program proposed under the Nuclear Cities uch Initiative before providing assistance for the conduct of the program. r The study shall include an assessment regarding whether or not the until mechanisms for job creation under each program are likely to lead to the creation of the jobs intended to be created by that program.OIR, e ipts (B) If the Secretary determines as a result of the study that the ed intended commercial benefits of a program are not likely to be achieved, the Secretary may not provide assistance for the conduct of that vey, a program.consideration, to the Central Utah Water Conservancy District, (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 t and agency of the United States Government that participates in or he d contributes to the initiative. The report shall describe separately any interagency participation in or contribution to the initiative.utte Dam and Reservoir.resident of the Soviet Union Gorbachev and then-President (c) Report.--(1) <> Not later than January 1, 2000, the Secretary of Energy shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the Initiatives for Proliferation Prevention program and the Nuclear Cities Initiative.dntracts, reports, accounts, (3) if the re-certification under section 1310 is made, the (2) The report shall include the following:d Reservoir to meet the (A) A strategic plan for the Initiatives 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. solely for purposes of improving Red Butte Dam and (B) A list of the most successful projects under the 06 of Initiatives 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 ads, number of jobs created through the project, and the manner in od which the project has met the nonproliferation objectives of the United States.etween the District and the Bureau of Reclamation with respect to Red Butte Dam and Reservoir.ic relevance of the ered ual [[Page 113 STAT. 930]] Property.--The legal description of the real property to be conveyed under subsection (a) shall be determined by a a (C) A list of the institutes and scientists associated with weapons of mass destruction programs or other defense-related y programs in the states of the former Soviet Union that the such Department seeks to engage in commercial work under the e under Initiatives for Proliferation Prevention program or the Nuclear Cities Initiative, including--wing new item: (i) a description of the work performed by such is institutes and scientists under such weapons of mass te destruction programs or other defense-related programs; and of the Military Construction Authorization Act for (ii) a description of any work proposed to be fund performed by such institutes and scientists under the t Initiatives for Proliferation Prevention program or the Nuclear Cities Initiative.ollowing new paragraph:ons , under section 2784 of title 10, United States Code, as added by he (d) Nuclear Cities Initiative Defined.--For purposes of this under section, the term ``Nuclear Cities Initiative'' means the initiative h arising pursuant to the March 1998 discussions between the Vice s a 0 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. enactment of SEC. 3137. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE ACTIVITIES ology OF THE DEPARTMENT OF DEFENSE.ern. this section SEC. 2851. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT ising (a) Funds To Carry Out Certain Ballistic Missile Defense sing.by the Activities.--Of the amounts authorized to be appropriated to the ic of o Department of Energy pursuant to section 3101, $25,000,000 shall be nvey available for research, development, and demonstration activities to -0 support the mission of the Ballistic Missile Defense Organization of the Department of Defense, including the following activities:cres and f e (1) Technology development, concept demonstration, and as, f integrated testing to improve reliability and reduce risk in hit-to-kill interceptors for theater ballistic missile defense. (2) Support for science and engineering teams to address es, technical problems identified by the Director of the Ballistic Missile Defense Organization as critical to acquisition of a for theater ballistic missile defense capability.llite license the (B) The Secretary may permit the City to review and inspect the f (b) Memorandum of Understanding.--The activities referred to in ed subsection (a) shall be carried out under the memorandum of the audit. understanding entered into by the Secretary of Energy and the Secretary of Defense for the use of national laboratories for ballistic missile a defense programs, as required by section 3131 of the National Defense t. Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. al 2034).) Authority To Convey Without Consideration.--The conveyance o r (c) Method of Funding.--Funds for activities referred to in f the na subsection (a) may be provided--nveyance on that basis would be in the (1) by direct payment from funds available pursuant to subsection (a); oryance.--The conveyance authorized by rmitted (2) in the case of such an activity carried out by a gust national laboratory but paid for by the Ballistic Missile with a Defense Organization, through a method under which the Secretary of Energy waives any requirement for the Department of Defense to pay any indirect expenses (including overhead and federal r administrative charges) of the Department of Energy or its r s contractors.iles and missile technology; and the table of tion (d) Reversion.--If, during the 5-year period beginning on the date [[Page 113 STAT. 931]]e conveyance authorized by subsection (a), the Secretary determines that the conveyed real property is not being used d Subtitle <> D--an Matters Relating to Safeguards, Security, and Counterintelligenceve the right of immediate entry onto the property.ment improvement plan. at. SEC. 3141. <> SHORT TITLE.s.--(1) Subject to of paragraph (2), if at any time after the Secretary makes the conveyance This subtitle may be cited as the ``Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999''. SEC. 3142. COMMISSION <> ON SAFEGUARDS, e (as ng to SECURITY, AND COUNTERINTELLIGENCE AT e of its DEPARTMENT OF ENERGY FACILITIES.urage the my (2) Paragraph (1) applies to a conveyance described in that nology (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 g ``Commission'').ellaneous receipts any amounts paid the Secretary under (b) Membership and Organization.--(1) The Commission shall be tween 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:date of the (A) Two shall be appointed by the chairman of the Committee on Armed Services of the Senate, in consultation with the erty ranking member of that Committee.eferred to as the ``existing (B) One shall be appointed by the ranking member of the ship Committee on Armed Services of the Senate, in consultation with the chairman of that Committee.end of the third year of the term (C) Two shall be appointed by the chairman of the Committee on Armed Services of the House of Representatives, in se the (1) consultation with the ranking member of that Committee.pplicable (D) One shall be appointed by the ranking member of the ing Committee on Armed Services of the House of Representatives, in consultation with the chairman of that Committee.er this section (E) One shall be appointed by the Secretary of Defense.s to (F) One shall be appointed by the Director of the Federal f Bureau of Investigation.--(1) If the existing lease is continued (G) One shall be appointed by the Director of Central red by Intelligence.sponsible for maintenance of the property as ing us provided for in the existing lease, any extension thereof, or any shall (2) Members of the Commission shall be appointed for four year n- terms, except as follows:vided in advance in appropriations Acts, the of (A) One member initially appointed under paragraph (1)(A) shall serve a term of two years, to be designated at the time of appointment.he preceding calendar year.ary activities in ce the (B) One member initially appointed under paragraph (1)(C) or shall serve a term of two years, to be designated at the time of appointment.e current tenant or the date the property is vacated (C) The member initially appointed under paragraph (1)(E) us shall serve a term of two years.section.section (a) to countries (h) Description of Property.--The exact acreage and legal r year (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 cost Commission.ey shall be borne by the City.orized.--A member is not nsion (4)(A) After five members of the Commission have been appointed such under paragraph (1), the chairman of the Committee on Armed Services of the Senate, in consultation with the chairmanropriate to protect the t interests of the United States. Inspectors General of the Departments of [[Page 113 STAT. 932]]ANCE, MARINE CORPS AIR STATION, CHERRY with the POINT, NORTH CAROLINA. Director of the Federal of the Committee on Armed Services of the House of Representatives, he , shall designate the chairman of the Commission from among the members ch appointed under paragraph (1)(A).te of North Carolina (in this section n (B) The chairman of the Commission may be designated once five e of members of the Commission have been appointed under paragraph (1).sting (5) The initial members of the Commission shall be appointed not nt, later than 60 days after the date of the enactment of this Act.lop the e (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. State convey (7) The Commission shall meet not less often than once every three months.as the Secretary considers necessary to ensure use of the parcel (8) The Commission may commence its activities under this section n. upon the designation of the chairman of the Commission under paragraph (4).ription of the real property to be conveyed under subsection (a) (c) Duties.--(1) The Commission shall, in accordance with this cost section, review the safeguards, security, and counterintelligence ments activities (including activities relating to information management, uch computer security, and personnel security) at Department of Energy nder facilities to--as the Secretary considers appropriate to protect the (A) determine the adequacy of those activities to ensure the security of sensitive information, processes, and activities d l under the jurisdiction of the Department against threats to the disclosure of such information, processes, and activities; ando (B) make recommendations for actions the Commission s the determines as being necessary to ensure that such security is to achieved and maintained.her with any improvements thereon) f consisting of approximately 15 acres and known as the Connell Manor port (2) The activities of the Commission under paragraph (1) shall in include the following:ghway, to the west and south by city streets, and (A) An analysis of the sufficiency of the Design Threat .f h 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 flag respect to such activities, including applicable laws, any other Department of Energy orders, Presidential Decision Directives, and Executive orders.tion with the conveyance; andtime of er (B) Visits to Department facilities to assess the adequacy y of the safeguards, security, and counterintelligence activities at such facilities.directed or controlled by the government of a (C) Evaluations of specific concerns set forth in Department reports regarding the status of safeguards, security, or (a) ses counterintelligence activities at particular Department he cost facilities or at facilities throughout the Department.separated (D) Reviews of relevant laws, Department orders, and other e requirements relating to safeguards, security, and ake the rom counterintelligence activities at Department facilities.uate ds (E) Any other activities relating to safeguards, security, h and counterintelligence activities at Department facilities that the Secretary of Energy considers appropriate.to protect the s e interests of the United States.nctions are performed in a thorough and (d) Report.--(1) <> Not later than February 15 each year, the Commission shall submit to the Secretary of Energy and to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on, title, and f on by interest of the United States in and to the land comprising the main IV [[Page 113 STAT. 933]]val Training Center and the McCoy Annex Areas, s Orlando, Florida, to the City of Orlando, Florida, in accordance with r the activities of the Commission during the preceding year. The report d shall be submitted in unclassified form, but may include a classified be annex.ic Development Conveyance of Property on the Main Base and McCoy Annex Areas of the Naval Training Center, Orlando, executed by the out l (2) Each report--, 1997, as amended.ns that the Secretary may n (A) shall describe the activities of the Commission during the year covered by the report;RS AT NAVAL STATION, efense shall (B) shall set forth proposals for any changes in safeguards, security, or counterintelligence activities at Department of ion Energy facilities that the Commission considers appropriate in light of such activities; and one-year period beginning on the (C) may include any other recommendations for legislation or administrative action that the Commission considers appropriate. of the Navy to demolish the three southeastern most naval radio n with (e) Personnel Matters.--(1)(A) Each member of the Commission who is not an officer or employee of the Federal Government shall be ress under 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 l, s section 5316 of title 5, United States Code, for each day (including on travel time) during which such member is engaged in the performance of y the duties of the Commission. in subsection (a) if, during the period s (B) All members of the Commission who are officers or employees of the United States shall serve without compensation by reason of their X. service on the Commission.nd Conditions.--The Secretary may require such (2) The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for e employees of agencies under subchapter I of chapter 57 of title 5, he United States Code, while away from their homes or regular places of business in the performance of services for the Commission.equired by (3)(A) The Commission may, without regard to the civil service laws and regulations, appoint and terminate such personnel as may be 2852 of necessary to enable the Commission to perform its duties.ar 1999 nd that (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 inserting classification of positions and General Schedule pay rates. Maine, a nts (4) Any officer or employee of the United States may be detailed to the Commission without reimbursement, and such detail shall be without r interruption or loss of civil service status or privilege.ended by ide f (5) The members and employees of the Commission shall hold security clearances appropriate for the matters considered by the Commission in r the discharge of its duties under this section.IR STATION, ATIONS to a (f) Applicability of FACA.--The provisions of the Federal Advisory f Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission. 2837 of the Military Construction Authorization Act for as (g) Funding.--(1) From amounts authorized to be appropriated by rces 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 f the Commission under this section.r of such persons providing security for (2) Amounts made available to the Commission under this subsection d shall remain available until expended. (division B of Public Law 105-85; (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 y repealed. (2) in subsection (b)(2), by striking ``20 percent'' and inserting ``25 percent''.SC 2778 note.>> OF TECHNOLOGY riations [[Page 113 STAT. 934]] TRANSMITTED TO PEOPLE'S REPUBLIC OF scal Year SEC. 2858. LAND CONVEYANCES, NORFOLK, VIRGINIA.LAUNCH SECURITY ngent ors (2) Section 3162 of the National Defense Authorization Act for er n Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42 U.S.C. 7274 y to note) <> is amended--eferred to as the l t (A) by striking ``(a) In General.--''; andhe United States d (B) by striking subsection (b).the Norfolk, Virginia, area SEC. 3143. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL AT required c DEPARTMENT OF ENERGY FACILITIES.s are as the (b) Grants of Easement or Right-of-Way.--The Secretary may grant to (a) In General.--The Secretary of Energy shall ensure that an in er investigation meeting the requirements of section 145 of the Atomic e l Energy Act of 1954 (42 U.S.C. 2165) is made for each Department of rred Energy employee, or contractor employee, at a national laboratory or nuclear weapons production facility who--ion for the grant of easements (1) carries out duties or responsibilities in or around a location where Restricted Data is present; orubsection (a) shall (2) has or may have regular access to a location where nt cy Restricted Data is present.r ingress and egress from Interstate Route 564 to the new air terminal at Naval Air Station, Norfolk, (b) Compliance.--The Secretary shall have 15 months from the date of the enactment of this Act to meet the requirement in subsection (a).ry for such access in the Fiscal Year 2000-2001 Six Year to the is SEC. 3144. CONDUCT OF SECURITY CLEARANCES.ealth of Virginia; andponent. (C) to relocate or replace (at no cost to the Department of (a) Responsibility of Federal Bureau of Investigation.--Subsection e. of section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165) is amended--. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING wing (1) by inserting ``(1)'' before ``If''; andsection for any . (2) by adding at the end the following new paragraph:et . forth in a memorandum of agreement between the Secretary and the 342. ``(2) In the case of an individual employed in a program known as a Special Access Program or a Personnel Security and Assurance Program, t any investigation required by subsections a., b., and c. of this section shall be made by the Federal Bureau of Investigation.''.k Gate). China. (b) Compliance.--The <> Director of the Federal Bureau of Investigation shall have 18 months from the date of the enactment of this Act to meet the responsibilities of the Bureau an under subsection e.(2) of section 145 of the Atomic Energy Act of 1954, as added by subsection (a).egarding Construction of Access to Naval Air Station, Norfolk, Virginia.--It is the sense of Congress that, by reason (c) Report.--(1) <> Not later than six months after the date of the enactment of this Act, the Director of the Federal 564 Bureau of Investigation shall submit to the committees specified in the paragraph (2) a report on the implementation of the responsibilities of the Bureau under subsection e.(2) of that section. That report shall s include the following:on (a) shall be made without regard to the ll be (A) An assessment of the capability of the Bureau to execute the additional clearance requirements, to include additional post-initial investigations.Services Act of 1949 (40 U.S.C. 471 (B) An estimate of the additional resources required, to include funding, to support the expanded use of the Bureau to conduct the additional investigations.ication System.--The .--s (C) The extent to which contractor personnel are and would be used in the clearance process.ct acreage and legal ith the description of any real property conveyed under subsection (a), and of (2) The committees referred to in paragraph (1) are the following: (A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.ey or surveys shall be borne by of (B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.e such additional terms and conditions in connection with the conveyance of any [[Page 113 STAT. 935]]bsection (a) as the Secretary considers e of its appropriate to protect the interests of the United States.to section SEC. 3145. PROTECTION <> OF CLASSIFIED ar 1998 (50 INFORMATION DURING LABORATORY-TO-REE.ned for LABORATORY EXCHANGES.formance Levels for Post- SEC. 2861. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY POINT, s (a) Provision of Training.--The Secretary of Energy shall ensure c that all Department of Energy employees and Department of Energy unt or contractor employees participating in laboratory-to-laboratory may te cooperative exchange activities are fully trained in matters relating to the protection of classified information and to potential espionage and counterintelligence threats.nited States in and to parcels of real dgets (b) Countering of Espionage and Intelligence-Gathering Abroad.--(1) The Secretary shall establish a pool of Department employees and , the Department contractor employees who are specially trained to counter s threats of espionage and intelligence-gathering by foreign nationals nt against Department employees and Department contractor employees who ty, travel abroad for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.TIONS after (2) The Director of Counterintelligence of the Department of Energy may assign at least one employee from the pool established under es paragraph (1) to accompany a group of Department employees or Department contractor employees who travel to any nation designated to be a that he sensitive country for laboratory-to-laboratory exchange activities or r other cooperative exchange activities on behalf of the Department. SEC. 3146. RESTRICTIONS <> ON ACCESS TO r the hing NATIONAL LABORATORIES BY FOREIGN by after VISITORS FROM SENSITIVE COUNTRIES.ake the fuel supply pipeline available for use by the New Hampshire Air National ts s (a) Background Review Required.--The Secretary of Energy may not admit to any facility of a national laboratory other than areas f each accessible to the general public any individual who is a citizen or , agent of a nation that is named on the current sensitive countries list unless the Secretary first completes a background review with respect to that individual.sfactory to the Secretary. The cost of any survey or r) (b) Moratorium Pending Certification.--(1) During the period the he described in paragraph (2), the Secretary may not admit to any facility of a national laboratory other than areas accessible to the general such public any individual who is a citizen or agent of a nation that is nder named on the current sensitive countries list.riate to protect the n 180 (2) <> The period referred to in paragraph (1) is the period beginning 30 days after the date of the enactment of this Act and ending on the later of the following:f the Defense Threat Reduction (A) The date that is 90 days after the date of the enactment of this Act.y, Florida (in this section referred to as the uired (B) The date that is 45 days after the date on which the to Secretary submits to Congress the certifications described in nt paragraph (3).rovided sufficient training and have adequate nal [[Page 113 STAT. 869]]the regulations prescribed by the Secretary of (3) The certifications referred to in paragraph (2) are one and ng certification each by the Director of Counterintelligence of the nd gy, Department of Energy, the Director of the Federal Bureau of ir Force g Investigation, and the Director of Central Intelligence, of each of the following:nsideration.--As consideration for the conveyance under per (A) That the foreign visitors program at that facility qual complies with applicable orders, regulations, and policies of the Department of Energy relating to the safeguarding and ion security of sensitive information and fulfills any n advance in counterintelligence requirements arising under such orders, y 5- regulations, and policies.or improve military family housing units at Tyndall Air Force Base and to improve ancillary supporting ting [[Page 113 STAT. 936]]such housing.other resources to the Agency at nds (d) Description of Property.--The exact acreage and legal ber of ee (B) That the foreign visitors program at that facility ) on complies with Presidential Decision Directives and similar cost requirements relating to the safeguarding and security of fense sensitive information and fulfills any counterintelligence such requirements arising under such Directives or requirements.nder (C) That the foreign visitors program at that facility e he 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 the , States.e Interior may convey, without consideration, to the Port (D) That the foreign visitors program at that facility does not pose an undue risk to the national security interests of the United States.nd to two parcels of real property, including improvements thereon, consisting of a total of approximately 14.22 acres (c) Waiver of Moratorium.--(1) The Secretary of Energy may waive the prohibition in subsection (b) on a case-by-case basis with respect to ir any specific individual or any specific delegation of individuals whose admission to a national laboratory is determined by the Secretary to be in the interest of the national security of the United States. in (2) Not later than the seventh day of the month following a month in which a waiver is made, the Secretary shall submit a report in writing r providing notice of each waiver made in that month to the following:l be (A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. the five-year period beginning on (B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.y gy d conveyed by that Secretary is not being used in accordance with the h is (3) Each such report shall be in classified form and shall contain the identity of each individual or delegation for whom such a waiver was made and, with respect to each such individual or delegation, the shall following information:diate entry onto the property. Any determination (A) A detailed justification for the waiver.e made on the (B) For each individual with respect to whom a background review was conducted, whether the background review determined e that negative information exists with respect to that terms and individual.ction with the conveyance under subsection (a) as the (C) The Secretary's certification that the admission of that individual or delegation to a national laboratory is in the ved interest of the national security of the United States.uch at is [[Page 113 STAT. 870]]gns;artment of Defense to replace or improve a on (4) The authority of the Secretary under paragraph (1) may be under delegated only to the Director of Counterintelligence of the Department of Energy. (C) the preservation of such reports in accordance (d) Exception to Moratorium for Certain Individuals.--The moratorium under subsection (b) shall not apply to any person who--York (in this he (1) is, on the date of the enactment of this Act, an est of employee or assignee of the Department of Energy, or of a der contractor of the Department; andximately 164 acres in Herkimer (2) has undergone a background review in accordance with rk, subsection (a).stport Test Annex for the purpose of permitting the Town to develop the parcel for economic purposes and to further the (e) Exception to Moratorium for Certain Programs.--The moratorium under subsection (b) shall not apply--exact acreage and legal d related (1) to activities relating to cooperative threat reduction with states of the former Soviet Union; ore Secretary. The cost of the survey shall be borne by the Town.nse infractions or violations [[Page 113 STAT. 937]]nterest.--During the five-year period beginning on the date the Secretary makes the conveyance authorized under subsection (2) to the materials protection control and accounting not program of the Department.purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, (f) Sense of Congress Regarding Background Reviews.--It is the sense of Congress that the Secretary of Energy, the Director of the Federal . Bureau of Investigation, and the Director of Central Intelligence should ensure that background reviews carried out under this section are sified completed in not more than 15 days.ions.--The Secretary may require such (g) Definitions.--For purposes of this section:the conveyance under (1) The term ``background review'', commonly known as an nd indices check, means a review of information provided by the Director of Central Intelligence and the Director of the Federal Bureau of Investigation regarding personal background, including information relating to any history of criminal activity or to any evidence of espionage.) Consistent with applicable laws, ial (2) The term ``sensitive countries list'' means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries as in effect on January 1, 1999.y of California, acting on behalf of the University of tems SEC. 3147. DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE nts''), all SAFEGUARDING AND SECURITY OF RESTRICTED el of DATA.ements thereon, consisting of the t McClellan Nuclear Radiation Center, California.ons.--The Secretary of (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:e property to the Regents.mercial satellite of ``Sec. 234B. Civil <> Monetary Penalties for t Violations of Department of Energy Regulations Regarding Security of the Classified or Sensitive Information or Data.--ch subsection for purposes of such investigation of the McClellan Nuclear Radiation Center and the ``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, onveyance regulation, or order prescribed or otherwise issued by the Secretary ll pursuant to this Act relating to the safeguarding or security of rovide Restricted Data or other classified or sensitive information shall be nd subject to a civil penalty of not to exceed $100,000 for each such and d violation. STAT. 871]]ng licenses involving the overseas launch of r ``b. The Secretary shall include in each contract with a contractor of the Department provisions which provide an appropriate reduction in s the fees or amounts paid to the contractor under the contract in the d event of a violation by the contractor or contractor employee of any by rule, regulation, or order relating to the safeguarding or security of Restricted Data or other classified or sensitive information. The ence s provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.its conveyance me ``c. The powers and limitations applicable to the assessment of civil penalties under section 234A, except for subsection d. of that o section, shall apply to the assessment of civil penalties under this r section.000 as consideration for the agreement under subparagraph (A). ``d. In the case of an entity specified in subsection d. of section 234A--nment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 ``(1) the assessment of any civil penalty under subsection a. against that entity may not be made until the entity enters e into a new contract with the Department of Energy or an te. extension of a current contract with the Department; andecretary ``(2) the total amount of civil penalties under subsection s a. in a fiscal year may not exceed the total amount of feestes shall indemnify and hold harmless the University of California for and [[Page 113 STAT. 938]]mage, or other liability in connection with the e operation of the atomic reactor at the McClellan Nuclear Radiation the paid by the Department of Energy to that entity in that fiscal e year.''.hat could not have been discovered in the course of the inspection carried out under subsection (b).agraph (A) shall be ard ion (b) Applicability.--Subsection <> a. of section 234B of the Atomic Energy Act of 1954, as added by subsection (a), deed applies to any violation after the date of the enactment of this Act. e allocation of personnel, funds, and other resources, to ensure the on (c) Clarifying Amendment.--The section heading of section 234A of h such Act (42 U.S.C. 2282a) is amended by inserting ``Safety'' before f ``Regulations''.latory Commission and otherwise in accordance with law. (d) Clerical Amendment.--The table of sections for that Act is may amended by inserting after the item relating to section 234 the (a) nt following new items:by a survey satisfactory to the Secretary. The cost ``Sec. 234A. Civil Monetary Penalties for Violations of Department of Energy Safety Regulations.etary may require such ``Sec. 234B. Civil Monetary Penalties for Violations of Department of s Energy Regulations Regarding Security of to l Classified or Sensitive Information or Data.''. for lethal chemical agents and munitions in the continental United grade of brigadier general, if appointed to that grade by the President, contribution under section 8432(c) of this title may be made for the origin; or SEC. 3148. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.