[...] S.1059
National Defense Authorization Act
for Fiscal Year 2000SEC. 1041. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR DECLASSIFICATION ACTIVITIES AND LIMITATION ON EXPENDITURES FOR SUCH ACTIVITIES.
(a) IN GENERAL- (1) Chapter 9 of title 10, United States Code, is amended by adding after section 229, as added by section 932(b), the following new section:
'Sec. 230. Amounts for declassification of records
'The Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) specific identification, as a budgetary line item, of the amounts required to carry out programmed activities during that fiscal year to declassify records pursuant to Executive Order No. 12958 (50 U.S.C. 435 note) or any successor Executive order or to comply with any statutory requirement, or any request, to declassify Government records.'.
(2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 229, as added by section 932(b), the following new item:
'230. Amounts for declassification of records.'.
[...](b) LIMITATION ON EXPENDITURES- The total amount expended by the Department of Defense during fiscal year 2000 to carry out declassification activities under the provisions of section 3.4 of Executive Order No. 12958 (50 U.S.C. 435 note) may not exceed the Department's planned expenditure level of $51,000,000.
(c) CERTIFICATION REQUIRED WITH RESPECT TO AUTOMATIC DECLASSIFICATION OF RECORDS- No records of the Department of Defense that have not been reviewed for declassification shall be subject automatic declassification unless the Secretary of Defense certifies to Congress that such declassification would not harm the national security.
(d) REPORT ON AUTOMATIC DECLASSIFICATION OF DEPARTMENT OF DEFENSE RECORDS- Not later than February 1, 2001, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the efforts of the Department of Defense relating to the declassification of classified records under the control of the Department of Defense. Such report shall include the following:
(1) An assessment of whether the Department will be able to review all relevant records for declassification before any date established for automatic declassification.
(2) An estimate of the cost of reviewing records to meet any requirement to review all relevant records for declassification by a date established for automatic declassification.
(3) 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 affect on national security of the automatic declassification of those records.
(4) An estimate of the length of time by which any such date would need to be extended to avoid the automatic declassification of records that have not yet been reviewed as of such date.
SEC. 3144. CONDUCT OF SECURITY CLEARANCES.
(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--
SEC. 3145. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-LABORATORY EXCHANGES.(1) by inserting `(1)' before `If'; and
(2) by adding at the end the following new paragraph:
`(2) In the case of an individual employed in a program known as a Special Access Program or a Personnel Security and Assurance Program, any investigation required by subsections a., b., and c. of this section shall be made by the Federal Bureau of Investigation.'.
(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 under subsection e.(2) of section 145 of the Atomic Energy Act of 1954, as added by subsection (a).
(c) REPORT- (1) Not later than six months after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the committees specified in paragraph (2) a report on the implementation of the responsibilities of the Bureau under subsection e.(2) of that section. That report shall include the following:
(A) An assessment of the capability of the Bureau to execute the additional clearance requirements, to include additional post-initial investigations.
(2) The committees referred to in paragraph (1) are the following:(B) An estimate of the additional resources required, to include funding, to support the expanded use of the Bureau to conduct the additional investigations.
(C) The extent to which contractor personnel are and would be used in the clearance process.
(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(a) PROVISION OF TRAINING- The Secretary of Energy shall ensure that all Department of Energy employees and Department of Energy contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters relating to the protection of classified information and to potential espionage and counterintelligence threats.
SEC. 3146. RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES BY FOREIGN VISITORS FROM SENSITIVE COUNTRIES.(b) COUNTERING OF ESPIONAGE AND INTELLIGENCE-GATHERING ABROAD- (1) The Secretary shall establish a pool of Department employees and Department contractor employees who are specially trained to counter threats of espionage and intelligence-gathering by foreign nationals against Department employees and Department contractor employees who travel abroad for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.
(2) The Director of Counterintelligence of the Department of Energy may assign at least one employee from the pool established under paragraph (1) to accompany a group of Department employees or Department contractor employees who travel to any nation designated to be a sensitive country for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.
(a) BACKGROUND REVIEW REQUIRED- The Secretary of Energy may not admit to any facility of a national laboratory other than areas 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.
(b) MORATORIUM PENDING CERTIFICATION- (1) During the period described in paragraph (2), the Secretary may not admit to any facility of a national laboratory other than areas 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.
(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:
(A) The date that is 90 days after the date of the enactment of this Act.
(3) The certifications referred to in paragraph (2) are one certification each by the Director of Counterintelligence of the Department of Energy, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence, of each of the following:(B) The date that is 45 days after the date on which the Secretary submits to Congress the certifications described in paragraph (3).
(A) That the foreign visitors program at that facility complies with applicable orders, regulations, and policies of the Department of Energy relating to the safeguarding and security of sensitive information and fulfills any counterintelligence requirements arising under such orders, regulations, and policies.
(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 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.(B) That the foreign visitors program at that facility complies with Presidential Decision Directives and similar requirements relating to the safeguarding and security of sensitive information and fulfills any counterintelligence requirements arising under such Directives or requirements.
(C) That the foreign visitors program at that facility includes adequate protections against the inadvertent release of Restricted Data, information important to the national security of the United States, and any other sensitive information the disclosure of which might harm the interests of the United States.
(D) That the foreign visitors program at that facility does not pose an undue risk to the national security interests of the United States.
(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 providing notice of each waiver made in that month to the following:
(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(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 following information:(B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(A) A detailed justification for the waiver.
(4) The authority of the Secretary under paragraph (1) may be delegated only to the Director of Counterintelligence of the Department of Energy.(B) For each individual with respect to whom a background review was conducted, whether the background review determined that negative information exists with respect to that individual.
(C) The Secretary's certification that the admission of that individual or delegation to a national laboratory is in the interest of the national security of the United States.
(d) EXCEPTION TO MORATORIUM FOR CERTAIN INDIVIDUALS- The moratorium under subsection (b) shall not apply to any person who--
(1) is, on the date of the enactment of this Act, an employee or assignee of the Department of Energy, or of a contractor of the Department; and
(e) EXCEPTION TO MORATORIUM FOR CERTAIN PROGRAMS- The moratorium under subsection (b) shall not apply--(2) has undergone a background review in accordance with subsection (a).
(1) to activities relating to cooperative threat reduction with states of the former Soviet Union; or
(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 completed in not more than 15 days.(2) to the materials protection control and accounting program of the Department.
(g) DEFINITIONS- For purposes of this section:
(1) The term `background review', commonly known as an 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.
(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.
SEC. 3147. DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE SAFEGUARDING AND SECURITY OF RESTRICTED DATA.
(a) IN GENERAL- Chapter 18 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section 234A the following new section:
SEC. 3148. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.`SEC. 234B. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF DEPARTMENT OF ENERGY REGULATIONS REGARDING SECURITY OF CLASSIFIED OR SENSITIVE INFORMATION OR DATA-
(b) APPLICABILITY- Subsection a. of section 234B of the Atomic Energy Act of 1954, as added by subsection (a), applies to any violation after the date of the enactment of this Act.`a. Any person who has entered into a contract or agreement with the Department of Energy, or a subcontract or subagreement thereto, and who violates (or whose employee violates) any applicable rule, regulation, or order prescribed or otherwise issued by the Secretary pursuant to this Act relating to the safeguarding or security of Restricted Data or other classified or sensitive information shall be subject to a civil penalty of not to exceed $100,000 for each such violation.
`b. The Secretary shall include in each contract with a contractor of the Department provisions which provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any rule, regulation, or order relating to the safeguarding or security of Restricted Data or other classified or sensitive information. The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.
`c. The powers and limitations applicable to the assessment of civil penalties under section 234A, except for subsection d. of that section, shall apply to the assessment of civil penalties under this section.
`d. In the case of an entity specified in subsection d. of section 234A--
`(1) the assessment of any civil penalty under subsection a. against that entity may not be made until the entity enters into a new contract with the Department of Energy or an extension of a current contract with the Department; and
`(2) the total amount of civil penalties under subsection a. in a fiscal year may not exceed the total amount of fees paid by the Department of Energy to that entity in that fiscal year.'.
(c) CLARIFYING AMENDMENT- The section heading of section 234A of such Act (42 U.S.C. 2282a) is amended by inserting `SAFETY' before `REGULATIONS'.
(d) CLERICAL AMENDMENT- The table of sections for that Act is amended by inserting after the item relating to section 234 the following new items:
`Sec. 234A. Civil Monetary Penalties for Violations of Department of Energy Safety Regulations.
`Sec. 234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or Data.'.
(a) COMMUNICATION OF RESTRICTED DATA- Section 224 of the Atomic Energy Act of 1954 (42 U.S.C. 2274) is amended--
(1) in clause a., by striking `$20,000' and inserting `$100,000'; and
(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'.(2) in clause b., by striking `$10,000' and inserting `$500,000'.
(c) DISCLOSURE OF RESTRICTED DATA- Section 227 of such Act (42 U.S.C. 2277) is amended by striking `$2,500' and inserting `$12,500'.
SEC. 3149. SUPPLEMENT TO PLAN FOR DECLASSIFICATION OF RESTRICTED DATA AND FORMERLY RESTRICTED DATA.
(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 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).
(b) CONTENTS OF SUPPLEMENT- The supplement shall provide for the 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.
(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 3161(a) of that Act.
(d) SUBMISSION OF SUPPLEMENT- The Secretary of Energy shall submit the supplement required under subsection (a) to the recipients of the plan referred to in section 3161(d) of that Act.
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