FY2000 DOE Defense Activities Authorization bill

Department of Energy National Security Act for Fiscal Year 2000 - Title XXXI (sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 2000 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) defense environmental restoration and waste management; (3) other defense activities; (4) defense nuclear waste disposal; and (5) defense environmental management privatization activities.

Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, Congress until the Secretary of Energy (Secretary) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.

(Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.

(Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers.

(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.

(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this Subtitle available for all DOE national security programs.

(Sec. 3129) Directs the Secretary, during FY 2000, to empower each DOE field office manager with the authority to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfers to a total of $5 million per fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer.

Subtitle C: Program Authorizations, Restrictions, and Limitations - Prohibits the use of funds authorized by this Act, or any Act authorizing appropriations for Department of Defense (DOD) or DOE military activities for fiscal years after 2000, from being used for treatment, storage, or disposal activities at any site designated under the Formerly Utilized Site Remedial Action Program.

(Sec. 3132) Directs the Secretary to continue operations and maintain a high state or readiness at the F- and H-canyon facilities at the Savannah River site and to provide technical staff to operate and maintain such facilities.

(Sec. 3133) Directs the Secretary to carry out a program for extending the effective life of weapons in the nuclear weapons stockpile. Requires the Secretary to: (1) develop a long-term plan for such extension; and (2) report annually to the defense committees (requiring plan updates as appropriate). Expresses the sense of Congress that the President should include in each annual budget sufficient amounts to fund such activities.

(Sec. 3134) Directs the Secretary to produce new tritium to meet the requirements of the Nuclear Weapons Stockpile Memorandum at the Tennessee Valley Authority Watts Bar or Sequoyah nuclear power plants. Requires the Secretary, in connection with such production, to design and construct a new tritium extraction facility in the H-Area of the Savannah River Site, South Carolina.

(Sec. 3135) Directs the Secretary to secure an independent cost estimate of the Accelerator Production of Tritium.

(Sec. 3136) Prohibits more than 40 percent of the post-FY 1999 funds available for the Initiative for Proliferation Prevention (IPP) program from being obligated or expended by DOE national laboratories to: (1) carry out or provide oversight of activities under that program; or (2) increase or otherwise supplement the pay or benefits of a scientist or engineer engaged in activities relating to the development, production, or testing of chemical or biological weapons or a missile system when such engineer was not formerly engaged in such activities. Prohibits any such funds from being made available to an institution or other scientist engaged in such activities. Directs the Secretary to prescribe procedures for the review of projects under the IPP program to ensure their nonmilitary use, and to report to Congress on such procedures.

Expresses the sense of Congress that the President should enter into negotiations with the Russian Government to conclude an agreement to provide for the permanent exemption from taxation by the Russian Government of DOE nonproliferation activities under the IPP program.

Prohibits amounts authorized for the Nuclear Cities Initiative from being obligated or expended until the Secretary certifies to Congress that Russia has agreed to close some of its facilities engaged in work on weapons of mass destruction. Requires the Secretary to conduct a study of potential economic effects of each commercial program proposed under such Initiative before providing assistance. Requires a report from the Secretary: (1) to Congress on participation in or contribution to the Initiative of each Federal department or agency; and (2) to the defense committees on the IPP program and the Initiative.

Subtitle D: Safeguards, Security, and Counterintelligence at Department of Energy Facilities - Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 - Establishes the Commission on Safeguards, Security, and Counterintelligence at Department of Energy Facilities to review the safeguards, security, and counterintelligence activities at DOE facilities in order to: (1) determine the adequacy of such activities against threats to the disclosure of sensitive information, processes, and activities; and (2) make recommendations for appropriate action to ensure that such security is achieved and maintained. Requires an annual Commission activities report to the Secretary and the defense and appropriations committees. Terminates the Department of Energy Security Management Board authorized under a prior defense authorization Act.

(Sec. 3153) Requires background investigations of any DOE employee, or contractor employee, at a DOE facility who: (1) carries out duties or responsibilities in or around a location where restricted data is or may be present; or (2) has or may have regular access to such a location.

(Sec. 3154) Directs the Secretary to submit to the defense and appropriations committees a plan for conducting periodic polygraph examinations of each DOE employee (or contractor employee) at a DOE facility who has or may have access to restricted data or sensitive compartmented information. Prohibits the obligation or expenditure of more than 50 percent of the amount authorized for DOE travel expenses until such plan is submitted.

(Sec. 3155) Amends the Atomic Energy Act of 1954 to provide civil monetary penalties of $100,000 per violation for violations of DOE regulations regarding the security of classified or sensitive information or data.

(Sec. 3156) Requires the Secretary and the Directors of Central Intelligence and the Federal Bureau of Investigation (FBI) (officials) to jointly submit to the defense, appropriations, and intelligence committees a certification that cooperative programs carried out between DOE and the Republic of China, an independent state of the former Soviet Union, or any nation designated as sensitive by the Secretary of State meet specified conditions regarding the safeguarding and security of sensitive information. Prohibits the use of DOE weapons and other defense activities funds for FY 2000 until 30 days after such certification.

(Sec. 3157) Increases the penalties for the unauthorized communication or receipt of restricted data.

(Sec. 3158) Amends the Department of Energy Organization Act to establish within DOE an Office of Counterintelligence, headed by a Director who shall develop and implement security and counterintelligence programs and activities at DOE facilities in order to reduce the threat of disclosure or loss of classified and other sensitive information. Requires such Director to submit to the above officials an annual status report on the effectiveness of measures taken.

Establishes within DOE the Office of Intelligence, headed by a Director who shall be responsible for DOE programs and activities relating to the analysis of intelligence with respect to nuclear weapons and materials, other nuclear matters, and energy security.

(Sec. 3159) Directs the Secretary to assign to each DOE facility at which restricted data is located an individual to assess security and counterintelligence protection measures at such facility.

(Sec. 3160) Directs the Secretary to establish a program to ensure that a DOE employee or contractor employee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information relating to a possible violation against the protection of classified information to: (1) members of a congressional committee having appropriate oversight responsibilities; (2) staff members of such committees having appropriate security clearance; or (3) the Inspector General, FBI, or any other Federal entity authorized to receive such information.

(Sec. 3161) Provides for investigation and appropriate remedial action of alleged reprisals against DOE or contractor employees disclosing such information.

(Sec. 3162) Requires the Secretary to submit to the defense and appropriations committees a notification of each serious security or counterintelligence failure at a DOE facility that is likely to cause significant harm or damage to U.S. national security interests. Requires such notification within 30 days after its discovery. Requires the House and Senate to establish procedures to protect classified and other sensitive information furnished under this section.

(Sec. 3163) Amends the Atomic Energy Act of 1954 to empower the FBI (currently, the Civil Service Commission) to conduct security clearances for personnel at nuclear facilities or facilities where restricted or sensitive data is located. Requires the FBI Director to: (1) assume such responsibilities within one year after the enactment of this Act; and (2) submit an implementation report to the defense, appropriations, and intelligence committees.

(Sec. 3164) Directs the Secretary to: (1) ensure that all DOE employees and contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters relating to the protection of classified information and to potential espionage and counterintelligence threats; and (2) establish a pool of employees who are trained to counter threats of espionage and intelligence-gathering by foreign nationals against DOE employees and contractor employees who travel abroad for exchange activities on behalf of DOE.

Subtitle E: Other Matters - Provides for the appointment of an interim staff director for the Office of Nuclear and Chemical and Biological Defense Programs until the position of Assistant to the Secretary of Defense for such Programs is filled.

Directs the Secretaries of Defense and Energy to jointly submit to the defense committees a plan to revitalize the Joint Nuclear Weapons Council established under prior law. Requires the Secretary of Defense to: (1) report annually to the defense committees on Council activities; and (2) develop and implement a plan to ensure the continued capability of DOD to carry out its nuclear deterrent mission. Directs both Secretaries to submit to the defense committees a plan for retaining core scientific, engineering, and technical skills and capabilities within their departments and contractors in order to maintain indefinitely the U.S. nuclear deterrent force.

(Sec. 3172) Amends the National Defense Authorization Act for Fiscal Year 1997 to revise required budget and planning elements for DOE national security activities. Directs the Secretary to include in annual budget materials a description of DOE weapons activities funding impacts on the nuclear weapons stockpile.

(Sec. 3173) Authorizes DOE to pay voluntary separation incentive payments to qualifying employees who separate before January 1, 2003.

(Sec. 3174) Directs the Secretary to develop and submit to the defense and appropriations committees a long-term plan for the integrated management of fissile materials.

(Sec. 3175) Authorizes the Secretary to use amounts authorized for award fees for DOE closure projects to conduct additional cleanup activities at the project site, under certain conditions. Requires a report to the defense and appropriations committees on the exercise of such authority.

(Sec. 3176) Directs the Secretary to carry out a pilot program on the use of project management oversight services for DOE construction projects of not less than $25 million. Requires a program report from the Secretary to the defense committees.

(Sec. 3177) Amends the National Defense Authorization Act for Fiscal Year 1989 to extend for five additional one-year periods the Environmental Evaluation Group for review of the Waste Isolation Pilot Plant, New Mexico.

(Sec. 3178) Directs the Secretary to submit to the defense committees a proposed schedule for the commencement of shipments of waste from the Rocky Flats Plant, Colorado, to the Waste Isolation Pilot Project, New Mexico.

(Sec. 3179) Directs the Comptroller General to report to the defense committees assessing progress in the closure of the Rocky Flats Environmental Technology Site, Colorado.

Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 2000 for the Defense Nuclear Facilities Safety Board.

Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 2000, to obligate up to $78.7 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amounts 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.

(Sec. 3302) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to prohibit the President from disposing of NDS materials in excess that needed to achieve certain revenue requirements contained therein.

Title XXXIV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 2000 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for the period from October 1 through December 31, 1999 (after which Canal ownership reverts to the Republic of Panama), with specified funding limits.

(Sec. 3403) Requires Commission funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles, with a per vehicle cost limit of $26,000.

(Sec. 3404) Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any laws implementing those treaties.

(Sec. 3405) Authorizes the Office of Transition Administration to obligate and expend funds from the Panama Canal Commission Dissolution Fund for authorized Canal ownership transition purposes. Requires the Commission to enter into an agreement with the head of a Federal department or agency to supervise the close-out of Commission affairs with respect to the Canal and to certify the completion of such functions.