585
resources management plan prepared under subsection
(a)—
‘‘(1) shall, where appropriate and applicable,
provide for—
‘‘(A) fish and wildlife management, land
management, forest management, and fish and
wildlife-oriented recreation;
‘‘(B) fish and wildlife habitat enhancement
or modifications;
‘‘(C) wetland protection, enhancement, and
restoration, where necessary for support of fish
or wildlife;
‘‘(D) 
integration 
of, 
and 
consistency
among, the various activities conducted under
the plan;
‘‘(E) establishment of specific natural re-
source management objectives and time frames
for proposed action;
‘‘(F) sustained use by the public of natural
resources to the extent such use is not incon-
sistent with the needs of fish and wildlife re-
sources management;
‘‘(G) public access to the military installa-
tion that is necessary or appropriate for the use
described in subparagraph (F), subject to re-
586
quirements necessary to ensure safety and mili-
tary security;
‘‘(H) enforcement of natural resource laws
and regulations;
‘‘(I) no net loss in the capability of mili-
tary installation lands to support the military
mission of the installation; and
‘‘(J) such other activities as the Secretary
of the military department considers appro-
priate;’’
(2) by striking out paragraph (3);
(3) by redesignating paragraph (4) as para-
graph (3); and
(4) in paragraph (3)(A) (as so redesignated), by
striking out ‘‘collect the fees therefor,’’ and inserting
in lieu thereof ‘‘collect, spend, administer, and ac-
count for fees therefor,’’.
SEC. 2905. REVIEW FOR PREPARATION OF INTEGRATED
NATURAL RESOURCE MANAGEMENT PLANS.
(a) REVIEW OF MILITARY INSTALLATIONS.—
(1) REVIEW.—The Secretary of each military
department shall, by not later than nine months
after the date of the enactment of this Act—
(A) review each military installation in the
United States that is under the jurisdiction of
587
that Secretary to determine the military instal-
lations for which the preparation of an inte-
grated natural resource management plan
under section 101 of the Sikes Act, as amended
by this title, is appropriate; and
(B) submit to the Secretary of Defense a
report on those determinations.
(2) REPORT TO CONGRESS.—The Secretary of
Defense shall, by not later than 12 months after the
date of the enactment of this Act, submit to the
Congress a report on the reviews conducted under
paragraph (1). The report shall include—
(A) a list of those military installations re-
viewed under paragraph (1) for which the Sec-
retary of the military department concerned de-
termines the preparation of an integrated natu-
ral resource management plan is not appro-
priate; and
(B) for each of the military installations
listed under subparagraph (A), an explanation
of the reasons such a plan is not appropriate.
(b) DEADLINE
FOR INTEGRATED NATURAL RE-
SOURCE MANAGEMENT PLANS.—Not later than two years
after the date of the submission of the report required
under subsection (a)(2), the Secretary of each military de-
588
partment shall, for each military installation for which the
Secretary has not determined under subsection (a)(2)(A)
that preparation of an integrated natural resource man-
agement plan is not appropriate—
(1) prepare and begin implementing such a plan
in accordance with section 101(a) of the Sikes Act,
as amended by section 2904; or
(2) in the case of a military installation for
which there is in effect a cooperative plan under sec-
tion 101(a) of the Sikes Act on the day before the
date of the enactment of this Act, complete negotia-
tions with the Secretary of the Interior and the
heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan
to constitute an integrated natural resource plan
that complies with that section, as amended by sec-
tion 2904.
(c) PUBLIC COMMENT.—The Secretary of each mili-
tary department shall provide an opportunity for the sub-
mission of public comments on—
(1) integrated natural resource management
plans proposed pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pur-
suant to subsection (b)(2).
589
SEC. 2906. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is
amended by adding at the end the following new sub-
section:
‘‘(f) REVIEWS AND REPORTS.—
‘‘(1) SECRETARY OF DEFENSE.—The Secretary
of Defense shall, by not later than March 1 of each
year, review the extent to which integrated natural
resource management plans were prepared or in ef-
fect and implemented in accordance with this Act in
the preceding year, and submit a report on the find-
ings of that review to the committees. Each report
shall include—
‘‘(A) the number of integrated natural re-
source management plans in effect in the year
covered by the report, including the date on
which each plan was issued in final form or
most recently revised;
‘‘(B) the amount of moneys expended on
conservation activities conducted pursuant to
those plans in the year covered by the report;
and
‘‘(C) an assessment of the extent to which
the plans comply with the requirements of this
Act.
590
‘‘(2) SECRETARY OF THE INTERIOR.—The Sec-
retary of the Interior, by not later than March 1 of
each year and in consultation with State agencies re-
sponsible for conservation or management of fish or
wildlife, shall submit a report to the committees on
the amount of moneys expended by the Department
of the Interior and those State agencies in the year
covered by the report on conservation activities con-
ducted pursuant to integrated natural resource man-
agement plans.
‘‘(3) COMMITTEES DEFINED.—For purposes of
this subsection, the term ‘committees’ means the
Committee on Resources and the Committee on Na-
tional Security of the House of Representatives and
the Committee on Armed Services and the Commit-
tee on Environment and Public Works of the Sen-
ate.’’.
SEC. 2907. TRANSFER OF WILDLIFE CONSERVATION FEES
FROM CLOSED MILITARY INSTALLATIONS.
Subsection (b)(3)(B) of section 101(b) of the Sikes
Act (16 U.S.C. 670a(b)), as redesignated and amended
by section 2904, is further amended by inserting before
the period at the end the following: ‘‘, unless that military
installation is subsequently closed, in which case the fees
591
may be transferred to another military installation to be
used for the same purposes’’.
SEC. 2908. FEDERAL ENFORCEMENT.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended—
(1) by redesignating section 106, as amended
by section 2904(b), as section 109; and
(2) by inserting after section 105 the following
new section:
‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
‘‘All Federal laws relating to the conservation of nat-
ural resources on Federal lands may be enforced by the
Secretary of Defense with respect to violations of those
laws that occur on military installations within the United
States.’’.
SEC. 2909. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 106 (as added by sec-
tion 2908) the following new section:
‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
‘‘The Secretary of each military department shall en-
sure, within available resources, that sufficient numbers
of professionally trained natural resource management
personnel and natural resource law enforcement personnel
are available and assigned responsibility to perform tasks
592
necessary to comply with this Act, including the prepara-
tion and implementation of integrated natural resource
management plans.’’.
SEC. 2910. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 107 (as added by sec-
tion 2909) the following new section:
‘‘SEC. 108. DEFINITIONS.
‘‘In this title:
‘‘(1) MILITARY INSTALLATION.—(A) The term
‘military installation’ means any land or interest in
land owned by the United States and administered
by the Secretary of Defense or the Secretary of a
military department (except civil works lands). The
term includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
Secretary of a military department.
‘‘(B) The term does not include any lands oth-
erwise covered by subparagraph (A) that are subject
to an approved recommendation for closure under
the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note).
593
‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The
term ‘State fish and wildlife agency’ means an agen-
cy or agencies of State government that is respon-
sible under State law for managing fish or wildlife
resources.
‘‘(3) UNITED
STATES.—The term ‘United
States’ means the States, the District of Columbia,
and the territories and possessions of the United
States.’’.
SEC. 2911. COOPERATIVE AGREEMENTS.
Section 103a of the Sikes Act (16 U.S.C. 670c–1)
is amended—
(1) in subsection (a) by striking out ‘‘Secretary
of Defense’’ and inserting ‘‘Secretary of a military
department’’;
(b) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
‘‘(b) Funds appropriated to the Department of De-
fense for a fiscal year may be obligated to cover the cost
of goods and services provided either under a cooperative
agreement entered into under subsection (a) or through
an agency agreement under section 1535 of title 31, Unit-
ed States Code, during any 18-month period beginning in
that fiscal year, without regard to whether the agreement
crosses fiscal years.’’.
594
SEC. 2912. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law
99–561; 16 U.S.C. 670a–1), is repealed.
SEC. 2913. CLERICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title,
is amended—
(1) in the heading for the title by striking out
‘‘MILITARY RESERVATIONS’’ and inserting in
lieu thereof ‘‘MILITARY INSTALLATIONS’’;
(2) 
in 
section 
101(b)(3) 
(16 
U.S.C.
670a(b)(3)), as redesignated and amended by sec-
tion 2904—
(A) in subparagraph (A), by striking out
‘‘the reservation’’ and inserting in lieu thereof
‘‘the installation’’; and
(B) in subparagraph (B), by striking out
‘‘the military reservation’’ and inserting in lieu
thereof ‘‘the military installation’’;
(4) in section 101(c) (16 U.S.C. 670a(c))—
(A) in paragraph (1), by striking out ‘‘a
military reservation’’ and inserting in lieu
thereof ‘‘a military installation’’; and
(B) in paragraph (2), by striking out ‘‘the
reservation’’ and inserting in lieu thereof ‘‘the
installation’’;
595
(5) in section 102 (16 U.S.C. 670b), by striking
out ‘‘military reservations’’ and inserting in lieu
thereof ‘‘military installations’’; and
(6) in section 103 (16 U.S.C. 670c)—
(A) by striking out ‘‘military reservations’’
and inserting in lieu thereof ‘‘military installa-
tions’’; and
(B) by striking out ‘‘such reservations’’
and inserting in lieu thereof ‘‘such installa-
tions’’.
SEC. 2914. AUTHORIZATIONS OF APPROPRIATIONS.
(a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub-
sections (b) and (c) of section 109 of the Sikes Act (as
redesignated by section 1408) are each amended by strik-
ing out ‘‘1983’’ and all that follows through ‘‘1993,’’ and
inserting in lieu thereof ‘‘1983 through 2000,’’.
(b) PROGRAMS ON PUBLIC LANDS.—Section 209 of
the Sikes Act (16 U.S.C. 670o) is amended—
(1) in subsection (a), by striking out ‘‘the sum
of $10,000,000’’ and all that follows through ‘‘to en-
able the Secretary of the Interior’’ and inserting in
lieu thereof ‘‘$4,000,000 for each of fiscal years
1998 through 2003, to enable the Secretary of the
Interior’’; and
596
(2) in subsection (b), by striking out ‘‘the sum
of $12,000,000’’ and all that follows through ‘‘to en-
able the Secretary of Agriculture’’ and inserting in
lieu thereof ‘‘$5,000,000 for each of fiscal years
1998 through 2003, to enable the Secretary of Agri-
culture’’.
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS 
AND
OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE STEWARDSHIP.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1998 for stockpile stewardship in car-
rying out weapons activities necessary for national secu-
rity programs in the amount of $1,733,400,000, to be allo-
cated as follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,257,100,000, to be allocated as follows:
597
(A) 
For 
operation 
and 
maintenance,
$1,158,290,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$98,810,000, to be allocated as follows:
Project 97–D–102, dual-axis radio-
graphic hydrotest facility, Los Alamos Na-
tional Laboratory, Los Alamos, New Mex-
ico, $46,300,000.
Project 96–D–102, stockpile steward-
ship facilities revitalization, Phase VI, var-
ious locations, $19,810,000.
Project 96–D–103, ATLAS, Los Ala-
mos National Laboratory, Los Alamos,
New Mexico, $13,400,000.
Project 96–D–105, contained firing
facility addition, Lawrence Livermore Na-
tional Laboratory, Livermore, California,
$19,300,000.
(2) For inertial fusion, $414,800,000, to be al-
located as follows:
598
(A) 
For 
operation 
and 
maintenance,
$217,000,000.
(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, and modification of facili-
ties, and land acquisition related thereto),
$197,800,000, to be allocated as follows:
Project 96–D–111, national ignition
facility, 
location 
to 
be 
determined,
$197,800,000.
(3) For technology transfer and education,
$61,500,000, to be allocated as follows:
(A) For technology transfer, $52,500,000.
(B) For education, $9,000,000.
(b) STOCKPILE MANAGEMENT.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1998 for stockpile management in car-
rying out weapons activities necessary for national secu-
rity programs in the amount of $2,024,150,000, to be allo-
cated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,868,265,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
599
projects authorized in prior years, and land acquisi-
tion related thereto), $155,885,000, to be allocated
as follows:
Project 98–D–123, stockpile management
restructuring initiative, tritium factory mod-
ernization and consolidation, Savannah River
Site, Aiken, South Carolina, $11,000,000.
Project 98–D–124, stockpile management
restructuring initiative, Y–12 Plant consolida-
tion, Oak Ridge, Tennessee, $6,450,000.
Project 98–D–125, tritium extraction facil-
ity, Savannah River Site, Aiken, South Caro-
lina, $9,650,000.
Project 98–D–126, accelerator production
of tritium, various locations, $67,865,000.
Project 97–D–122, nuclear materials stor-
age facility renovation, Los Alamos National
Laboratory, 
Los 
Alamos, 
New 
Mexico,
$9,200,000.
Project 97–D–124, steam plant wastewater
treatment facility upgrade, Y–12 Plant, Oak
Ridge, Tennessee, $1,900,000.
Project 96–D–122, sewage treatment qual-
ity upgrade (STQU), Pantex Plant, Amarillo,
Texas, $6,900,000.
600
Project 96–D–123, retrofit heating, ven-
tilation, and air conditioning and chillers for
ozone protection, Y–12 Plant, Oak Ridge, Ten-
nessee, $2,700,000.
Project 95–D–122, sanitary sewer up-
grade, Y–12 Plant, Oak Ridge, Tennessee,
$12,600,000.
Project 94–D–124, hydrogen fluoride sup-
ply system, Y–12 Plant, Oak Ridge, Tennessee,
$1,400,000.
Project 94–D–125, upgrade life safety,
Kansas City Plant, Kansas City, Missouri,
$2,000,000.
Project 93–D–122, life safety upgrades,
Y–12 
Plant, 
Oak 
Ridge, 
Tennessee,
$2,100,000.
Project 92–D–126, replace emergency noti-
fication system, various locations, $3,200,000.
Project 88–D–122, facilities capability as-
surance 
program, 
various 
locations,
$18,920,000.
(c) PROGRAM DIRECTION.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for program direction in carrying out
601
weapons activities necessary for national security pro-
grams in the amount of $208,500,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) ENVIRONMENTAL
RESTORATION.—Funds are
hereby authorized to be appropriated to the Department
of Energy for fiscal year 1998 for environmental restora-
tion in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $1,000,973,000, of which
$388,000,000 shall be allocated to the uranium enrich-
ment decontamination and decommissioning fund.
(b) CLOSURE PROJECTS.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1998 for closure projects carried out in accord-
ance with section 3143 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2836; 42 U.S.C. 7274n) in the amount of
$905,800,000.
(c) WASTE MANAGEMENT.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for waste management in carrying out
environmental restoration and waste management activi-
ties necessary for national security programs in the
amount of $1,536,344,000, to be allocated as follows:
602
(1) 
For 
operation 
and 
maintenance,
$1,455,576,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $80,768,000, to be allocated as
follows:
Project 98–D–401, H-tank farm storm
water systems upgrade, Savannah River Site,
Aiken, South Carolina, $1,000,000.
Project 97–D–402, tank farm restoration
and safe operations, Richland, Washington,
$13,961,000.
Project 96–D–408, waste management up-
grades, various locations, $8,200,000.
Project 95–D–402, install permanent elec-
trical service, Waste Isolation Pilot Plant,
Carlsbad, New Mexico, $176,000.
Project 95–D–405, industrial landfill V
and construction/demolition landfill VII, Y–12
Plant, Oak Ridge, Tennessee, $3,800,000.
Project 95–D–407, 219–S secondary con-
tainment 
upgrade, 
Richland, 
Washington,
$2,500,000.
603
Project 94–D–404, Melton Valley storage
tank capacity increase, Oak Ridge National
Laboratory, Oak Ridge, Tennessee, $1,219,000.
Project 94–D–407, initial tank retrieval
systems, Richland, Washington, $15,100,000.
Project 93–D–187, high-level waste re-
moval from filled waste tanks, Savannah River
Site, Aiken, South Carolina, $17,520,000.
Project 92–D–172, hazardous waste treat-
ment and processing facility, Pantex Plant,
Amarillo, Texas, $5,000,000.
Project 89–D–174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $1,042,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$11,250,000.
(d) TECHNOLOGY DEVELOPMENT.—Funds are here-
by authorized to be appropriated to the Department of
Energy for fiscal year 1998 for technology development
in carrying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams in the amount of $182,881,000.
604
(e) NUCLEAR MATERIALS
AND FACILITIES STA-
BILIZATION.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1998
for nuclear materials and facilities stabilization in carrying
out environmental restoration and waste management ac-
tivities necessary for national security programs in the
amount of $1,244,021,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,159,114,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $84,907,000, to be allocated as
follows:
Project 98–D–453, plutonium stabilization
and handling system for plutonium finishing
plant, Richland, Washington, $8,136,000.
Project 98–D–700, road rehabilitation,
Idaho National Engineering Laboratory, Idaho,
$500,000.
Project 97–D–450, Actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $18,000,000.
605
Project 97–D–451, B-Plant safety class
ventilation upgrades, Richland, Washington,
$2,000,000.
Project 97–D–470, environmental monitor-
ing laboratory, Savannah River Site, Aiken,
South Carolina, $5,600,000.
Project 97–D–473, health physics site sup-
port facility, Savannah River Site, Aiken, South
Carolina, $4,200,000.
Project 96–D–406, spent nuclear fuels
canister storage and stabilization facility, Rich-
land, Washington, $16,744,000.
Project 96–D–461, electrical distribution
upgrade, Idaho National Engineering Labora-
tory, Idaho, $2,927,000.
Project 96–D–464, electrical and utility
systems upgrade, Idaho Chemical Processing
Plant, Idaho National Engineering Laboratory,
Idaho, $14,985,000.
Project 
96–D–471, 
chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $8,500,000.
606
Project 95–D–155, upgrade site road in-
frastructure, Savannah River Site, South Caro-
lina, $2,713,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$602,000.
(f) PROGRAM DIRECTION.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for program direction in carrying out
environmental restoration and waste management activi-
ties necessary for national security programs in the
amount of $288,251,000.
(g) POLICY AND MANAGEMENT.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1998 for policy and management in
carrying out environmental restoration and waste manage-
ment activities necessary for national security programs
in the amount of $20,000,000.
(h) ENVIRONMENTAL SCIENCE PROGRAM.—Funds
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1998 for the environmental
science program in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $55,000,000.
607
(i) HANFORD TANK WASTE VITRIFICATION.—Funds
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1998 for the Hanford Tank
Waste Vitrification project, subject to the provisions of
section 3145, in the amount of $70,000,000.
(j) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (h) reduced by the sum of $20,000,000, to be de-
rived from non-safety-related contractor training expenses.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for other
defense activities in carrying out programs necessary for
national security in the amount of $1,512,551,000, to be
allocated as follows:
(1) For verification and control technology,
$428,600,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $190,000,000.
(B) For arms control, $205,000,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security,
$47,200,000.
(3) For security investigations, $25,000,000.
608
(4) For emergency management, $17,000,000.
(5) For program direction, $68,900,000.
(6) For worker and community transition as-
sistance, $22,000,000, to be allocated as follows:
(A) For worker and community transition,
$20,000,000.
(B) For program direction, $2,000,000.
(7) For fissile materials control and disposition,
$103,451,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$99,451,000.
(B) For program direction, $4,000,000.
(8) For environment, safety, and health, de-
fense, $73,000,000, to be allocated as follows:
(A) For the Office of Environment, Safety,
and Health (Defense), $63,000,000.
(B) For program direction, $10,000,000.
(9) For the Office of Hearings and Appeals,
$1,900,000.
(10) For nuclear energy, $47,000,000, to be al-
located as follows:
(A) For nuclear technology research and
development 
(electrometallurgical),
$12,000,000.
609
(B) For international nuclear safety (So-
viet-designed reactors), $25,000,000.
(C) For Russian plutonium reactor core
conversion, $10,000,000.
(11) 
For 
naval 
reactors 
development,
$678,500,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$648,920,000.
(B) For program direction, $20,080,000.
(C) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$9,500,000, to be allocated as follows:
Project 98–D–200, site laboratory/fa-
cility 
upgrade, 
various 
locations,
$1,200,000.
Project 97–D–201, advanced test re-
actor secondary coolant refurbishment,
Idaho National Engineering Laboratory,
Idaho, $4,100,000.
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$1,100,000.
610
Project 90–N–102, expended core fa-
cility dry cell project, Naval Reactors Fa-
cility, Idaho, $3,100,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for pay-
ment to the Nuclear Waste Fund established in section
302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)) in the amount of $190,000,000.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy
submits to the congressional defense committees the re-
port referred to in subsection (b) and a period of 30 days
has elapsed after the date on which such committees re-
ceive the report, the Secretary may not use amounts ap-
propriated pursuant to this title for any program—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount au-
thorized for that program by this title; or
(2) which has not been presented to, or re-
quested of, Congress.
611
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed ac-
tion.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed
the total amount authorized to be appropriated by this
title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically
denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may
carry out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $2,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized
by this title, the estimated cost of the project is revised
because of unforeseen cost variations and the revised cost
612
of the project exceeds $2,000,000, the Secretary shall im-
mediately furnish a complete report to the congressional
defense committees explaining the reasons for the cost
variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever
the current estimated cost of the construction project,
which is authorized by section 3101, 3102, or 3103, or
which is in support of national security programs of the
Department of Energy and was authorized by any pre-
vious Act, exceeds by more than 25 percent the higher
of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for
the project as shown in the most recent budget jus-
tification data submitted to Congress.
(2) An action described in paragraph (1) may be
taken if—
(A) the Secretary of Energy has submitted to
the congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
613
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated
cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—
The Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant
to this title to other Federal agencies for the performance
of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the
same purposes and for the same period as the authoriza-
tions of the Federal agency to which the amounts are
transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY;
LIMITATIONS.—(1) Subject to paragraph (2), the Sec-
retary of Energy may transfer funds authorized to be ap-
propriated to the Department of Energy pursuant to this
title between any such authorizations. Amounts of author-
614
izations so transferred may be merged with and be avail-
able for the same purposes and for the same period as
the authorization to which the amounts are transferred.
(2) Not more than five percent of any such authoriza-
tion may be transferred between authorizations under
paragraph (1). No such authorization may be increased
or decreased by more than five percent by a transfer under
such paragraph.
(3) The authority provided by this section to transfer
authorizations—
(A) may only be used to provide funds for items
relating to weapons activities necessary for national
security programs that have a higher priority than
the items from which the funds are transferred; and
(B) may not be used to provide authority for an
item that has been denied funds by Congress.
(c) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committee on Armed Services
of the Senate and the Committee on National Security of
the House of Representatives of any transfer of funds to
or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
615
graph (3), before submitting to Congress a request for
funds for a construction project that is in support of a
national security program of the Department of Energy,
the Secretary of Energy shall complete a conceptual de-
sign for that project. The Secretary shall submit to Con-
gress a report on each conceptual design completed under
this paragraph.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
the conceptual design before submitting a request for
funds for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
(A) for a construction project the total esti-
mated cost of which is less than $2,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including
architectural and engineering services) in connection with
any proposed construction project if the total estimated
cost for such design does not exceed $600,000.
616
(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for such design must be specifically au-
thorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to an authorization in this title, including those funds au-
thorized to be appropriated for advance planning and con-
struction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction project that, as determined by the Secretary,
must proceed expeditiously in order to protect public
health and safety, to meet the needs of national defense,
or to protect property.
(b) LIMITATION.—The Secretary may not exercise
the authority under subsection (a) in the case of any con-
struction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of sec-
tion 3125(b)(2) does not apply to emergency planning, de-
617
sign, and construction activities conducted under this sec-
tion.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in
connection with all national security programs of the De-
partment of Energy.
SEC. 3128. AUTHORITY RELATING TO TRANSFERS OF DE-
FENSE 
ENVIRONMENTAL 
MANAGEMENT
FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of En-
ergy shall provide the manager of each field office of the
Department of Energy with the authority to transfer de-
fense environmental management funds from a program
or project under the jurisdiction of the office to another
such program or project. Any such transfer may be made
only once in a fiscal year to or from a program or project,
and the amount transferred to or from a program or
project may not exceed $5,000,000 in a fiscal year.
618
(b) DETERMINATION.—A transfer may not be carried
out by a manager of a field office pursuant to the author-
ity provided under subsection (a) unless the manager de-
termines that such 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 that field office.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not
apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary of Energy, acting
through the Assistant Secretary of Energy for Environ-
mental Management, shall notify Congress of any transfer
of funds pursuant to subsection (a) not later than 30 days
after such a transfer occurs.
(e) LIMITATION.—Funds transferred pursuant to
subsection (a) may not be used for an item for which Con-
gress has specifically denied funds or for a new program
or project that has not been authorized by Congress.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of En-
ergy, any of the following:
(A) A project listed in subsection (b) or (e)
of section 3102 being carried out by the office.
619
(B) A program referred to in subsection
(a), (b), (c), (e), or (g) of section 3102 being
carried out by the office.
(C) A project or program not described in
subparagraph (A) or (B) that is for environ-
mental restoration or waste management activi-
ties necessary for national security programs of
the Department of Energy, that is being carried
out by the office, and for which defense envi-
ronmental management funds have been au-
thorized and appropriated before the date of the
enactment of this Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the De-
partment of Energy pursuant to an authorization for
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs.
(g) DURATION OF AUTHORITY.—The authority pro-
vided under subsection (a) to a manager of a field office
shall be in effect for the period beginning on October 1,
1997, and ending on September 30, 1998.
620
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. BALLISTIC MISSILE DEFENSE NATIONAL LAB-
ORATORY PROGRAM.
(a) PROGRAM.—The Secretary of Energy shall estab-
lish a program for purposes of making available to the
Secretary of Defense the expertise of the national labora-
tories for the ballistic missile defense programs of the De-
partment of Defense.
(b) TASK FORCE.—The Secretary of Energy shall
conduct the program through a task force consisting of
the directors of the Los Alamos National Laboratory, the
Sandia National Laboratories, and the Lawrence Liver-
more National Laboratory. The chairmanship of the task
force shall rotate each year among the directors of the lab-
oratories. The director of the Lawrence Livermore Na-
tional Laboratory shall serve as the first chairman.
(c) ACTIVITIES.—Under the program, the national
laboratories shall carry out those activities necessary to
respond to requests for assistance from the Secretary of
Defense with respect to the ballistic missile defense pro-
grams of the Department of Defense. Such activities may
include the identification of technical modifications and
test techniques, the analysis of physics problems, the con-
621
solidation of range and test activities, and the analysis and
simulation of theater missile defense deployment problems.
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by section 3101(a)(1), $50,000,000 shall be
available only for the program authorized by this section.
Subtitle D—Other Matters
SEC. 3141. PLAN FOR STEWARDSHIP, MANAGEMENT, AND
CERTIFICATION OF WARHEADS IN THE NU-
CLEAR WEAPONS STOCKPILE.
(a) PLAN REQUIREMENT.—The Secretary of Energy
shall develop and annually update a plan for maintaining
the nuclear weapons stockpile. The plan shall cover, at a
minimum, stockpile stewardship, stockpile management,
and program direction and shall be consistent with the
programmatic and technical requirements of the most re-
cent annual Nuclear Weapons Stockpile Memorandum.
(b) PLAN ELEMENTS.—The plan and each update of
the plan shall set forth the following:
(1) The number of warheads (including active
and inactive warheads) for each type of warhead in
the nuclear weapons stockpile.
(2) The current age of each warhead type, and
any plans for stockpile lifetime extensions and modi-
fications or replacement of each warhead type.
622
(3) The process by which the Secretary of En-
ergy is assessing the lifetime, and requirements for
lifetime extension or replacement, of the nuclear and
nonnuclear components of the warheads (including
active and inactive warheads) in the nuclear weapons
stockpile.
(4) The process used in recertifying the safety,
security, and reliability of each warhead type in the
nuclear weapons stockpile.
(5) Any concerns which would affect the ability
of the Secretary of Energy to recertify the safety,
security, or reliability of warheads in the nuclear
weapons stockpile (including active and inactive war-
heads).
(c) ANNUAL SUBMISSION OF PLAN TO CONGRESS.—
The Secretary of Energy shall submit to Congress the plan
developed under subsection (a) not later than March 15,
1998, and shall submit an updated version of the plan not
later than March 15 of each year thereafter. The plan
shall be submitted in both classified and unclassified form.
(d) REPEAL OF SUPERSEDED REQUIREMENTS.—The
following provisions of law are repealed:
(1) Subsection (d) of section 3138 of the Na-
tional Defense Authorization Act for Fiscal Year
623
1994 (Public Law 103–160; 107 Stat. 1947; 42
U.S.C. 2121 note).
(2) Section 3153 of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 624; 42 U.S.C. 2121 note).
(3) Section 3159 of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 626; 42 U.S.C. 7271b note).
(4) Section 3156 of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law
104–201; 110 Stat. 2841; 42 U.S.C. 7271c).
SEC. 3142. REPEAL OF OBSOLETE REPORTING REQUIRE-
MENTS.
The following provisions of law are repealed:
(1) Subsection (e) of section 1436 of the Na-
tional Defense Authorization Act, Fiscal Year 1989
(Public Law 100–456; 102 Stat. 2075; 42 U.S.C.
2121 note).
(2) Section 3143 of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1681; 42 U.S.C.
7271a).
(3) Section 3134 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2639).
624
SEC. 3143. STUDY AND FUNDING RELATING TO IMPLEMEN-
TATION OF WORKFORCE RESTRUCTURING
PLANS.
(a) STUDY REQUIREMENT.—The Secretary of En-
ergy shall conduct a study on the effects of workforce re-
structuring plans for defense nuclear facilities developed
pursuant to section 3161 of the National Defense Author-
ization Act for Fiscal Year 1993 (42 U.S.C. 7274h).
(b) MATTERS COVERED BY STUDY.— The study shall
cover the four-year period preceding the date of the enact-
ment of this Act and shall include the following:
(1) An analysis of the number of jobs created
under workforce restructuring plans developed pur-
suant to section 3161 of the National Defense Au-
thorization Act for Fiscal Year 1993 (42 U.S.C.
7274h).
(2) An analysis of other benefits provided pur-
suant to such plans and through community reuse
organizations.
(3) A description of the funds expended, and
the funds obligated but not expended, pursuant to
such plans as of the date of the report.
(4) A description of the criteria used since Oc-
tober 23, 1992, in providing assistance pursuant to
such plans.
625
(5) A comparison of the benefits provided pur-
suant to such plans—
(A) to employees whose employment at fa-
cilities covered by such plans is terminated; and
(B) to employees whose employment at fa-
cilities where more than 50 percent of the reve-
nues are derived from contracts with the De-
partment of Defense is terminated.
(c) CONDUCT OF STUDY.—(1) The study shall be
conducted through a contract with a private auditing firm
with which the Department of Energy has no other audit-
ing contracts.
(2)(A) The Secretary of Energy may not enter into
the contract for the conduct of the study until—
(i) the Secretary submits a notification of the
proposed contract award to the congressional de-
fense committees; and
(ii) a period of 30 days of continuous session of
Congress has expired following the date on which
the notification is submitted.
(B) For purposes of subparagraph (A)(ii), the con-
tinuity of a session of Congress is broken only by an ad-
journment of the Congress sine die, and the days on which
either House is not in session because of an adjournment
626
of more than three days to a day certain are excluded in
the computation of such 30-day period.
(3) The Secretary of Energy shall ensure that the
firm conducting the study is provided access to all docu-
ments in the possession of the Department of Energy that
are relevant to the study, including documents in the pos-
session of the Inspector General of the Department of En-
ergy.
(d) REPORT ON STUDY.—The Secretary of Energy
shall submit a report to Congress on the results of the
study not later than January 30, 1998.
(e) FUNDING.—In addition to amounts available pur-
suant to the authorization of appropriations in section
3103(6), the Secretary of Energy may use an amount not
exceeding 
$44,000,000 
for 
implementation 
of 
the
workforce restructuring plans for contractor employees, to
be derived from excess unobligated and available funds.
(f) REVISIONS TO DEFENSE NUCLEAR FACILITIES
WORKFORCE RESTRUCTURING PLAN REQUIREMENTS.—
(1) REVISION OF PERIOD FOR NOTIFICATION
OF
CHANGES
IN
WORKFORCE.—Section
3161(c)(1)(B) of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (42 U.S.C.
7274h(c)(1)(B)) is amended by striking out ‘‘120’’
and inserting in lieu thereof ‘‘90’’.
627
(2) REPEAL
OF
REQUIREMENT
FOR
SUBMIS-
SION TO CONGRESS.—Subsection (f) of section 3161
of such Act is repealed.
(3) PROHIBITION
ON
USE
OF
FUNDS
FOR
LOCAL IMPACT ASSISTANCE.—None of the funds au-
thorized to be appropriated to the Department of
Energy pursuant to section 3103(6) may be used for
local impact assistance from the Department of En-
ergy under section 3161(c)(6) of such Act (42
U.S.C. 7274h(c)(6)) until—
(A) with respect to assistance referred to
in section 3161(c)(6)(A) of such Act, the Sec-
retary of Energy coordinates with and obtains
approval of the Secretary of Labor; and
(B) with respect to assistance referred to
in section 3161(c)(6)(C) of such Act, the Sec-
retary of Energy coordinates with and obtains
approval of the Secretary of Commerce.
(4) SEMIANNUAL
REPORT
TO
CONGRESS
OF
LOCAL IMPACT ASSISTANCE.—Every six months the
Secretary of Energy shall submit to Congress a re-
port setting forth a description of, and the value of,
all local impact assistance provided under section
3161(c)(6) of such Act.
628
(g) EFFECT ON USEC PRIVATIZATION ACT.—Noth-
ing in this section shall be construed as diminishing the
obligations of the Secretary of Energy under section
3110(a)(5) of the USEC Privatization Act (Public Law
104–134; 110 Stat. 1321–341; 42 U.S.C. 2297h–8(a)(5)).
(h) DEFINITIONS.—In this section:
(1) The term ‘‘defense nuclear facility’’ has the
meaning provided the term ‘‘Department of Energy
defense nuclear facility’’ in section 3163 of the Na-
tional Defense Authorization Act for Fiscal Year
1993 ( Public Law 102–484; 42 U.S.C. 7274j).
(2) The term ‘‘contractor employee’’ means an
employee of a contractor or subcontractor of the De-
partment of Energy at a defense nuclear facility.
SEC. 3144. EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
Section 3161 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
3095; 42 U.S.C. 7231 note) is amended—
(1) by striking out subsection (c); and
(2) in subsection (d)(1), by striking out ‘‘1997’’
and inserting in lieu thereof ‘‘1999’’.
629
SEC. 3145. REPORT ON PROPOSED CONTRACT FOR HAN-
FORD TANK WASTE VITRIFICATION PROJECT.
(a) PRIOR NOTICE TO CONGRESSIONAL DEFENSE
COMMITTEES BEFORE ENTERING INTO CONTRACT.—(1)
The Secretary of Energy may not enter into a contract
for the Hanford Tank Waste Vitrification project until—
(A) the Secretary submits a report on the pro-
posed contract to the congressional defense commit-
tees; and
(B) a period of 30 days of continuous session
of Congress has expired following the date on which
the report is submitted.
(2) For purposes of paragraph (1)(B), the continuity
of a session of Congress is broken only by an adjournment
of the Congress sine die, and the days on which either
House is not in session because of an adjournment of more
than three days to a day certain are excluded in the com-
putation of such 30-day period.
(b) REPORT.—A report under subsection (a)(1) shall
include the following:
(A) A description of the activities to be carried
out under the contract.
(B) A description of the funds expended, and
the funds obligated but not expended, as of the date
of the report on remediation of Hanford tank waste
since 1989.
630
(C) A description of the contractual and finan-
cial aspects of the contract, including any provisions
relating to the risk of nonperformance and risk as-
sumption by the United States and the contractor or
contractors.
(D) An analysis of the cost to the United States
of the proposed contract, including a detailed analy-
sis of the annual budget authority and outlay re-
quirements for the life of the project.
(E) If the proposed contract contemplates con-
struction of two projects, an analysis of the basis for
the selection of the two projects, and a detailed anal-
ysis of the costs to the United States of two projects
compared to the costs to the United States of one
project.
(F) If the proposed contract provides for fi-
nancing of the project (or projects) by an entity or
entities other than the United States, a detailed
analysis of the costs of such financing compared to
the costs of financing the project (or projects) by the
United States.
SEC. 3146. LIMITATION ON CONDUCT OF SUBCRITICAL NU-
CLEAR WEAPONS TESTS.
The Secretary of Energy may not conduct any sub-
critical nuclear weapons tests using funds available to the
631
Secretary for fiscal year 1998 until 30 days after the Sec-
retary submits to the Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives a detailed report on the manner
in which funds available to the Secretary for fiscal years
1996 and 1997 to conduct such tests were used.
SEC. 3147. LIMITATION ON USE OF CERTAIN FUNDS UNTIL
FUTURE USE PLANS ARE SUBMITTED.
(a) LIMITATION.—The Secretary of Energy may not
use more than 80 percent of the funds available to the
Secretary pursuant to the authorization of appropriations
in section 3102(f) (relating to policy and management)
until the Secretary submits the plans described in sub-
section (b).
(b) PLANS.—The plans referred to in subsection (a)
are the draft future use plan and the final future use plan
required under section 3153(f) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2840; 42 U.S.C. 7274k).
SEC. 3148. PLAN FOR EXTERNAL OVERSIGHT OF NATIONAL
LABORATORIES.
(a) PLAN REQUIREMENT.—The Secretary of Energy,
acting through the Assistant Secretary for Defense Pro-
grams, shall develop a plan for the external oversight of
the national laboratories.
632
(b) PLAN ELEMENTS.—The plan shall—
(1) provide for the establishment of an external
oversight committee comprised of representatives of
industry and academia for the purpose of making
recommendations to the Secretary of Energy and the
congressional defense committees on the productivity
of the laboratories and on the excellence, relevance,
and appropriateness of the research conducted by
the laboratories; and
(2) provide for the establishment of a competi-
tive peer review process for funding basic research at
the laboratories.
(c) SUBMISSION TO CONGRESS.—The Secretary of
Energy shall submit the plan to the congressional defense
committees not later than 120 days after the date of the
enactment of this Act.
(d) NATIONAL LABORATORIES COVERED.—For pur-
poses of this section, the national laboratories are—
(1) the Lawrence Livermore National Labora-
tory, Livermore, California;
(2) the Los Alamos National Laboratory, Los
Alamos, New Mexico;
(3) the Sandia National Laboratories, Albu-
querque, New Mexico; and
(4) the Nevada Test Site.
633
SEC. 3149. UNIVERSITY-BASED RESEARCH CENTER.
(a) FINDINGS.—The Congress finds the following:
(1) The maintenance of scientific and engineer-
ing competence in the United States is vital to long-
term national security and the defense and national
security missions of the Department of Energy.
(2) Engaging the universities and colleges of
the Nation in research on long-range problems of
vital national security interest will be critical to solv-
ing the technology challenges faced within the de-
fense and national programs of the Department of
Energy in the next century.
(3) Enhancing collaboration among the national
laboratories, universities and colleges, and industry
will contribute significantly to the performance of
these Department of Energy missions.
(b) CENTER.—The Secretary of Energy shall estab-
lish a university-based research center at a location that
can develop the most effective collaboration among na-
tional laboratories, universities and colleges, and industry
in support of scientific and engineering advancement in
key Department of Energy defense program areas.
(c) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy in fiscal year 1998,
the Secretary shall make $5,000,000 available for the es-
tablishment and operation of the Center.
634
SEC. 3150. STOCKPILE STEWARDSHIP PROGRAM.
(a) FINDINGS.—Congress finds the following:
(1) Eliminating the threat posed by nuclear
weapons to the United States is an important na-
tional security goal.
(2) As long as nuclear threats remain, the nu-
clear deterrent of the United States must be effec-
tive and reliable.
(3) A safe, secure, effective, and reliable United
States nuclear stockpile is central to the current nu-
clear deterrence strategy of the United States.
(4) The Secretary of Energy has undertaken a
stockpile stewardship and management program to
ensure the safety, security, effectiveness, and reli-
ability of the nuclear weapons stockpile of the Unit-
ed States, consistent with all United States treaty
requirements and the requirements of the nuclear
deterrence strategy of the United States.
(5) It is the policy of the current administration
that new nuclear weapon designs are not required to
effectively implement the nuclear deterrence strategy
of the United States.
(b) POLICY.—It is the policy of the United States
that—
(1) activities of the stockpile stewardship pro-
gram shall be directed toward ensuring that the
635
United States possesses a safe, secure, effective, and
reliable nuclear stockpile, consistent with the na-
tional security requirements of the United States;
and
(2) stockpile stewardship activities of the Unit-
ed States shall be conducted in conformity with the
terms of the Treaty on the Non-Proliferation of Nu-
clear Weapons (TIAS 6839) and the Comprehensive
Test Ban Treaty signed by the President on Sep-
tember 24, 1996, when and if that treaty enters into
force.
SEC. 3151. REPORTS ON ADVANCED SUPERCOMPUTER
SALES TO CERTAIN FOREIGN NATIONS.
(a) REPORTS.—The Secretary of Energy shall re-
quire that any company that is a participant in the Accel-
erated Strategic Computing Initiative (ASCI) program of
the Department of Energy report to the Secretary and to
the Secretary of Defense each sale by that company to
a country designated as a Tier III country of a computer
capable of operating at a speed in excess of 2,000 millions
theoretical operations per second (MTOPS). The report
shall include a description of the following with respect
to each such sale:
(1) The anticipated end-use of the computer
sold.
636
(2) The software included with the computer.
(3) Any arrangement under the terms of the
sale regarding—
(A) upgrading the computer;
(B) servicing of the computer; or
(C) the furnishing of spare parts for the
computer.
(b) COVERED COUNTRIES.—For purposes of this sec-
tion, the countries designated as Tier III countries are the
countries listed as ‘‘computer tier 3’’ eligible countries in
part 740.7 of title 15 of the Code of Federal Regulations,
as in effect on June 10, 1997 (or any successor list).
(c) QUARTERLY SUBMISSION
OF REPORTS.—The
Secretary of Energy shall require that reports under sub-
section (a) be submitted quarterly.
(d) ANNUAL REPORT.—The Secretary of Energy
shall submit to Congress an annual report containing all
information received under subsection (a) during the pre-
ceding year. The first annual report shall be submitted
not later than July 1, 1998.
SEC. 3152. TRANSFERS OF REAL AND PERSONAL PROPERTY
AT CERTAIN DEPARTMENT OF ENERGY FA-
CILITIES.
(a) TRANSFER GUIDELINES.—(1) The Secretary of
Energy shall issue guidelines for the transfer by sale or
637
lease of real and personal property at Department of En-
ergy defense nuclear facilities in consultation with the
community reuse organizations associated with the facili-
ties and the local governments within whose jurisdiction
the facilities are located. The Secretary shall issue the
guidelines not later than 90 days after the date of the
enactment of this Act.
(2)(A) The Secretary of Energy may not transfer real
or personal property under the guidelines issued under
paragraph (1) until—
(i) the Secretary submits a notification of the
proposed transfer to the congressional defense com-
mittees; and
(ii) a period of 30 days of continuous session of
Congress has expired following the date on which
the notification is submitted.
(B) For purposes of subparagraph (A)(ii), the con-
tinuity of a session of Congress is broken only by an ad-
journment of the Congress sine die, and the days on which
either House is not in session because of an adjournment
of more than three days to a day certain are excluded in
the computation of such 30-day period.
(b) INDEMNIFICATION.—(1) In the sale or lease of
real or personal property pursuant to the guidelines issued
under subsection (a), the Secretary of Energy may indem-
638
nify a transferee against an action for injury to person
or property resulting from the release or threatened re-
lease of a hazardous substance or pollutant or contami-
nant as a result of Department of Energy activities. Be-
fore such a sale or lease, the Secretary shall notify the
transferee that the Secretary has authority to provide in-
demnification to the transferee under this subsection. The
Secretary shall include in an agreement for such a sale
or lease a provision addressing indemnification for such
an action.
(2) Nothing in this section shall be construed as af-
fecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Energy defense
nuclear facility’’ has the meaning provided by sec-
tion 318 of the Atomic Energy Act of 1954 (42
U.S.C. 2286g).
(2) The term ‘‘transferee’’ means a person to
which real property is transferred pursuant to the
guidelines issued under subsection (a).
(3) The terms ‘‘hazardous substance’’, ‘‘re-
lease’’, and ‘‘pollutant or contaminant’’ have the
meanings provided by section 101 of the Comprehen-
639
sive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
SEC. 3153. REQUIREMENT TO DELEGATE CERTAIN AU-
THORITIES TO SITE MANAGER OF HANFORD
RESERVATION.
Section 3173(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2848; 42 U.S.C. 7274k) is amended—
(1) in paragraph (1), by striking out ‘‘In addi-
tion’’ and inserting in lieu thereof ‘‘Except as pro-
vided in paragraph (5), in addition’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) In the case of the Hanford Reservation, Rich-
land, Washington, the Secretary shall delegate to the Site
Manager the authority described in paragraph (1). The
Secretary may withdraw the delegated authority if the
Secretary—
‘‘(A) determines that the Site Manager of the
Hanford Reservation has misused or misapplied that
authority; and
‘‘(B) the Secretary submits to Congress a noti-
fication of the Secretary’s intent to withdraw the au-
thority.’’.
640
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
year 1998, $17,500,000 for the operation of the Defense
Nuclear Facilities Safety Board under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. PLAN FOR TRANSFER OF FACILITIES FROM JU-
RISDICTION OF DEFENSE NUCLEAR FACILI-
TIES SAFETY BOARD TO JURISDICTION OF
NUCLEAR REGULATORY COMMISSION.
(a) PLAN REQUIREMENT.—(1) The Defense Nuclear
Facilities Safety Board (in this section referred to as the
‘‘Board’’) shall develop, in consultation with the Secretary
of Energy and the Nuclear Regulatory Commission, a plan
for—
(A) increasing the authority of the Nuclear
Regulatory Commission to include the regulation of
Department of Energy defense nuclear facilities; and
(B) decreasing or eliminating the functions of
the Board with respect to such facilities under chap-
ter 21 of the Atomic Energy Act of 1954 (42 U.S.C.
2286 et seq.).
641
(2) The plan shall be submitted to Congress not later
than six months after the date of the enactment of this
Act.
(b) PLAN ELEMENTS.—The plan shall include the
following:
(1) A list of facilities as described in subsection
(c).
(2) A schedule for the orderly transfer of such
facilities from the jurisdiction of the Board to the
jurisdiction of the Nuclear Regulatory Commission.
(3) Recommendations on the order in which the
facilities should be transferred, including such rec-
ommendations as the Board considers appropriate
with respect to the suitability of the various facilities
for transfer and the appropriateness for the various
facilities of the schedule for conducting the transfer.
(4) Such other provisions as the Board consid-
ers necessary to carry out an orderly transfer under
paragraph (2).
(c) LIST OF FACILITIES.—The plan shall contain a
list of all Department of Energy defense nuclear facilities,
grouped according to the following criteria:
(1) Facilities that are similar to facilities regu-
lated by the Nuclear Regulatory Commission on the
date of the enactment of this Act.
642
(2) Facilities that are in compliance with De-
partment of Energy nuclear safety requirements and
Board recommendations in existence on the date of
the enactment of this Act.
(3) Facilities the regulation of which would in-
volve the Nuclear Regulatory Commission in unique
national security interests, including the classified
design and configuration of a nuclear weapon or ex-
plosive device.
(d) FACILITY DEFINED.—In this section, the term
‘‘Department of Energy defense nuclear facility’’ has the
meaning provided by section 318 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286g), except that the term in-
cludes such a facility that is under construction or is
planned by the Secretary of Energy to be constructed.
(e) REPEAL OF PROHIBITION ON USE OF FUNDS.—
Section 210 of the Department of Energy National Secu-
rity and Military Applications of Nuclear Energy Author-
ization Act of 1981 (42 U.S.C. 7272) is repealed.
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 1998, the National Defense Stockpile Manager
may obligate up to $73,000,000 of the funds in the Na-
643
tional Defense Stockpile Transaction Fund for the author-
ized uses of such funds under section 9(b)(2) of the Stra-
tegic and Critical Materials Stock Piling Act (50 U.S.C.
98h(b)(2)).
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess
of the amount specified in subsection (a) if the National
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the
date Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
SEC. 3302. DISPOSAL OF BERYLLIUM COPPER MASTER
ALLOY IN NATIONAL DEFENSE STOCKPILE.
(a) DISPOSAL AUTHORIZATION.—Pursuant to section
5(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98d(b)), the National Defense Stockpile
Manager may dispose of all beryllium copper master alloy
from the National Defense Stockpile provided for in sec-
tion 4 of such Act (50 U.S.C. 98c) as part of continued
efforts to modernize the Stockpile.
644
(b) PRECONDITION FOR DISPOSAL.—Before begin-
ning the disposal of beryllium copper master alloy under
subsection (a), the National Defense Stockpile Manager
shall certify to Congress that the disposal of beryllium cop-
per master alloy will not adversely affect the capability of
the National Defense Stockpile to supply the strategic and
critical material needs of the United States.
(c) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of beryllium copper master alloy under
subsection (a), the National Defense Stockpile Manager
shall consult with the Market Impact Committee estab-
lished under section 10(c) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h–1(c)) to ensure
that the disposal of beryllium copper master alloy does not
disrupt the domestic beryllium industry.
(d) EXTENDED SALES CONTRACTS.—The National
Defense Stockpile Manager shall provide for the use of
long-term sales contracts for the disposal of beryllium cop-
per master alloy under subsection (a) so that the domestic
beryllium industry can re-absorb this material into the
market in a gradual and nondisruptive manner. However,
no such contract shall provide for the disposal of beryllium
copper master alloy over a period longer than eight years,
beginning on the date of the commencement of the first
contract under this section.
645
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law re-
garding beryllium copper master alloy.
(f) BERYLLIUM
COPPER
MASTER
ALLOY
DE-
FINED.—For purposes of this section, the term ‘‘beryllium
copper master alloy’’ means an alloy of nominally four per-
cent beryllium in copper.
SEC. 3303. DISPOSAL OF TITANIUM SPONGE IN NATIONAL
DEFENSE STOCKPILE.
(a) DISPOSAL REQUIRED.—Subject to subsection (b),
the National Defense Stockpile Manager shall dispose of
34,800 short tons of titanium sponge contained in the Na-
tional Defense Stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c) and excess to stockpile requirements.
(b) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of titanium sponge under subsection
(a), the National Defense Stockpile Manager shall consult
with the Market Impact Committee established under sec-
tion 10(c) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h–1(c)) to ensure that the dis-
posal of titanium sponge does not disrupt the domestic
titanium industry.
646
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law re-
garding titanium sponge.
SEC. 3304. CONDITIONS ON TRANSFER OF STOCKPILED
PLATINUM RESERVES FOR TREASURY USE.
(a) IMPOSITION OF CONDITIONS.—Any transfer of
platinum contained in the National Defense Stockpile pro-
vided for in section 4 of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98c) to the Secretary
of the Treasury for use to mint and issue bullion and proof
platinum coins or for any other purpose shall be subject
to the conditions contained in this section.
(b) YEARLY LIMITATION.—The quantity of platinum
transferred from the stockpile to the Secretary of the
Treasury may not exceed 200,000 troy ounces during any
fiscal year, of which not more than 81,600 troy ounces
per year may be platinum of the highest quality specifica-
tion.
(c) REPLACEMENT UPON NOTICE.—The Secretary of
the Treasury shall replace platinum received from the
stockpile within one year after receiving notice from the
Secretary of Defense specifying the quantity and quality