H. R. 1119—386
(2) the fair market value of the property sold as determined
without taking into account any improvements to such property
by the City.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2867. STUDY OF LAND EXCHANGE OPTIONS, SHAW AIR FORCE
BASE, SOUTH CAROLINA.
Section 2874 of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat.
583) is amended by adding at the end the following new subsection:
‘‘(g) STUDY OF EXCHANGE OPTIONS.—To facilitate the use of
a land exchange to acquire the real property described in subsection
(a), the Secretary shall conduct a study to identify real property
in the possession of the Air Force (located in the State of South
Carolina or elsewhere) that satisfies the requirements of subsection
(b)(2), is acceptable to the party holding the property to be acquired,
and is otherwise suitable for exchange under this section. Not
later than three months after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998, the Sec-
retary shall submit to Congress a report containing the results
of the study.’’.
Subtitle E—Other Matters
SEC. 2871. REPEAL OF REQUIREMENT TO OPERATE NAVAL ACADEMY
DAIRY FARM.
(a) OPERATION.—(1) Chapter 603 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 6976. Operation of Naval Academy dairy farm
‘‘(a) DISCRETION REGARDING CONTINUED OPERATION.—(1) Sub-
ject to paragraph (2), the Secretary of the Navy may terminate
or reduce the dairy or other operations conducted at the Naval
Academy dairy farm located in Gambrills, Maryland.
‘‘(2) Notwithstanding the termination or reduction of operations
at the Naval Academy dairy farm under paragraph (1), the real
property containing the dairy farm (consisting of approximately
875 acres)—
‘‘(A) may not be declared to be excess real property to
the needs of the Navy or transferred or otherwise disposed
of by the Navy or any Federal agency; and
‘‘(B) shall be maintained in its rural and agricultural
nature.
‘‘(b) LEASE AUTHORITY.—(1) Subject to paragraph (2), to the
extent that the termination or reduction of operations at the Naval
Academy dairy farm permit, the Secretary of the Navy may lease
the real property containing the dairy farm, and any improvements
and personal property thereon, to such persons and under such
terms as the Secretary considers appropriate. In leasing any of
H. R. 1119—387
the property, the Secretary may give a preference to persons who
will continue dairy operations on the property.
‘‘(2) Any lease of property at the Naval Academy dairy farm
shall be subject to a condition that the lessee maintain the rural
and agricultural nature of the leased property.
‘‘(c) EFFECT OF OTHER LAWS.—Nothing in section 6971 of this
title shall be construed to require the Secretary of the Navy or
the Superintendent of the Naval Academy to operate a dairy farm
for the Naval Academy in Gambrills, Maryland, or any other loca-
tion.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘6976. Operation of Naval Academy dairy farm.’’.
(b) CONFORMING REPEAL OF EXISTING REQUIREMENTS.—Section
810 of the Military Construction Authorization Act, 1968 (Public
Law 90–110; 81 Stat. 309), is repealed.
(c) OTHER CONFORMING AMENDMENTS.—(1) Section 6971(b)(5)
of title 10, United States Code, is amended by inserting ‘‘(if any)’’
before the period at the end.
(2) Section 2105(b) of title 5, United States Code, is amended
by inserting ‘‘(if any)’’ after ‘‘Academy dairy’’.
SEC. 2872. LONG-TERM LEASE OF PROPERTY, NAPLES, ITALY.
(a) AUTHORITY.—Subject to subsection (d), the Secretary of the
Navy may acquire by long-term lease structures and real property
relating to a regional hospital complex in Naples, Italy, that the
Secretary determines to be necessary for purposes of the Naples
Improvement Initiative.
(b) LEASE TERM.—Notwithstanding section 2675 of title 10,
United States Code, the lease authorized by subsection (a) shall
be for a term of not more than 20 years.
(c) EXPIRATION OF AUTHORITY.—The authority of the Secretary
to enter into a lease under subsection (a) shall expire on September
30, 2002.
(d) AUTHORITY CONTINGENT
ON APPROPRIATIONS ACTS.—The
authority of the Secretary to enter into a lease under subsection
(a) is available only to the extent or in the amount provided in
advance in appropriations Acts.
SEC. 2873. DESIGNATION OF MILITARY FAMILY HOUSING AT LACKLAND
AIR FORCE BASE, TEXAS, IN HONOR OF FRANK TEJEDA,
A FORMER MEMBER OF THE HOUSE OF REPRESENTA-
TIVES.
The military family housing developments to be constructed
at two locations on Government property at Lackland Air Force
Base, Texas, under the authority of subchapter IV of chapter 169
of title 10, United States Code, shall be designated by the Secretary
of the Air Force, at an appropriate time, as follows:
(1) The eastern development shall be designated as ‘‘Frank
Tejeda Estates East’’.
(2) The western development shall be designated as ‘‘Frank
Tejeda Estates West’’.
SEC. 2874. FIBER-OPTICS BASED TELECOMMUNICATIONS LINKAGE OF
MILITARY INSTALLATIONS.
(a) INSTALLATION REQUIRED.—In at least one metropolitan area
of the United States containing multiple military installations of
H. R. 1119—388
one or more military departments or Defense Agencies, the Sec-
retary of Defense shall provide for the installation of fiber-optics
based telecommunications technology to link as many of the
installations in the area as practicable in a telecommunications
network. The Secretary shall use a full and open competitive proc-
ess, consistent with section 2304 of title 10, United States Code,
to provide for the installation of the telecommunications network
through one or more new contracts.
(b) FEATURES OF NETWORK.—The telecommunications network
shall provide direct access to local and long distance telephone
carriers, allow for transmission of both classified and unclassified
information, and take advantage of the various capabilities of fiber-
optics based telecommunications technology.
(c) TIME
FOR REQUEST
FOR BIDS
OR PROPOSALS.—Not later
than March 30, 1998, the Secretary of Defense shall release a
final request for bids or proposals to provide the telecommunications
network or networks described in subsection (a).
(d) REPORT ON IMPLEMENTATION.—Not later than December
31, 1998, the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of subsection
(c), including the metropolitan area or areas selected for the installa-
tion of a fiber-optics based telecommunications network, the current
telecommunication costs for the Department of Defense in the
selected area or areas, the estimated cost of the fiber-optics based
network, and potential areas for the future use of fiber-optics based
networks.
TITLE XXIX—SIKES ACT IMPROVEMENT
Sec. 2901. Short title.
Sec. 2902. Definition of Sikes Act for purposes of amendments.
Sec. 2903. Codification of short title of Act.
Sec. 2904. Preparation of integrated natural resources management plans.
Sec. 2905. Review for preparation of integrated natural resources management
plans.
Sec. 2906. Transfer of wildlife conservation fees from closed military installations.
Sec. 2907. Annual reviews and reports.
Sec. 2908. Cooperative agreements.
Sec. 2909. Federal enforcement.
Sec. 2910. Natural resources management services.
Sec. 2911. Definitions.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Technical amendments.
Sec. 2914. Authorizations of appropriations.
SEC. 2901. SHORT TITLE.
This title may be cited as the ‘‘Sikes Act Improvement Act
of 1997’’.
SEC. 2902. DEFINITION OF SIKES ACT FOR PURPOSES OF AMEND-
MENTS.
In this title, the term ‘‘Sikes Act’’ means the Act entitled
‘‘An Act to promote effectual planning, development, maintenance,
and coordination of wildlife, fish, and game conservation and
rehabilitation in military reservations’’, approved September 15,
1960 (16 U.S.C. 670a et seq.), commonly referred to as the ‘‘Sikes
Act’’.
SEC. 2903. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended by inserting
before title I the following new section:
H. R. 1119—389
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Sikes Act’.’’.
SEC. 2904. PREPARATION OF INTEGRATED NATURAL RESOURCES
MANAGEMENT PLANS.
(a) IN GENERAL.—Section 101 of the Sikes Act (16 U.S.C.
670a(a)) is amended by striking out subsection (a) and inserting
in lieu thereof the following new subsection:
‘‘(a) AUTHORITY OF SECRETARY OF DEFENSE.—
‘‘(1) PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary of Defense shall carry
out a program to provide for the conservation and
rehabilitation of natural resources on military installations.
‘‘(B) INTEGRATED
NATURAL
RESOURCES
MANAGEMENT
PLAN.—To facilitate the program, the Secretary of each
military department shall prepare and implement an
integrated natural resources management plan for each
military installation in the United States under the juris-
diction of the Secretary, unless the Secretary determines
that the absence of significant natural resources on a
particular installation makes preparation of such a plan
inappropriate.
‘‘(2) COOPERATIVE PREPARATION.—The Secretary of a mili-
tary department shall prepare each integrated natural
resources management plan for which the Secretary is respon-
sible in cooperation with the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, and the head of each appropriate State fish and wildlife
agency for the State in which the military installation concerned
is located. Consistent with paragraph (4), the resulting plan
for the military installation shall reflect the mutual agreement
of the parties concerning conservation, protection, and manage-
ment of fish and wildlife resources.
‘‘(3) PURPOSES OF PROGRAM.—Consistent with the use of
military installations to ensure the preparedness of the Armed
Forces, the Secretaries of the military departments shall carry
out the program required by this subsection to provide for—
‘‘(A) the conservation and rehabilitation of natural
resources on military installations;
‘‘(B) the sustainable multipurpose use of the resources,
which shall include hunting, fishing, trapping, and non-
consumptive uses; and
‘‘(C) subject to safety requirements and military secu-
rity, public access to military installations to facilitate the
use.
‘‘(4) EFFECT ON OTHER LAW.—Nothing in this title—
‘‘(A)(i) affects any provision of a Federal law governing
the conservation or protection of fish and wildlife resources;
or
‘‘(ii) enlarges or diminishes the responsibility and
authority of any State for the protection and management
of fish and resident wildlife; or
‘‘(B) except as specifically provided in the other provi-
sions of this section and in section 102, authorizes the
Secretary of a military department to require a Federal
license or permit to hunt, fish, or trap on a military installa-
tion.’’.
H. R. 1119—390
(b) CONFORMING AMENDMENTS.—Title I of the Sikes Act is
amended—
(1) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), by striking
out ‘‘cooperative plan’’ each place it appears and inserting in
lieu thereof ‘‘integrated natural resources management plan’’;
(2) in section 101(c) (16 U.S.C. 670a(c)), in the matter
preceding paragraph (1), by striking out ‘‘a cooperative plan’’
and inserting in lieu thereof ‘‘an integrated natural resources
management plan’’;
(3) in section 101(d) (16 U.S.C. 670a(d)), in the matter
preceding paragraph (1), by striking out ‘‘cooperative plans’’
and inserting in lieu thereof ‘‘integrated natural resources
management plans’’;
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking out
‘‘Cooperative plans’’ and inserting in lieu thereof ‘‘Integrated
natural resources management plans’’;
(5) in section 102 (16 U.S.C. 670b), by striking out ‘‘a
cooperative plan’’ and inserting in lieu thereof ‘‘an integrated
natural resources management plan’’;
(6) in section 103 (16 U.S.C. 670c), by striking out ‘‘a
cooperative plan’’ and inserting in lieu thereof ‘‘an integrated
natural resources management plan’’;
(7) in section 106(a) (16 U.S.C. 670f(a)), by striking out
‘‘cooperative plans’’ and inserting in lieu thereof ‘‘integrated
natural resources management plans’’; and
(8) in section 106(c) (16 U.S.C. 670f(c)), by striking out
‘‘cooperative plans’’ and inserting in lieu thereof ‘‘integrated
natural resources management plans’’.
(c) REQUIRED ELEMENTS OF PLANS.—Section 101(b) of the Sikes
Act (16 U.S.C. 670a(b)) is amended—
(1) by striking out ‘‘(b) Each cooperative’’ and all that
follows through the end of paragraph (1) and inserting in lieu
thereof the following:
‘‘(b) REQUIRED ELEMENTS OF PLANS.—Consistent with the use
of military installations to ensure the preparedness of the Armed
Forces, each integrated natural resources management plan pre-
pared under subsection (a)—
‘‘(1) shall, to the extent appropriate and applicable,
provide for—
‘‘(A) fish and wildlife management, land management,
forest management, and fish- and wildlife-oriented recre-
ation;
‘‘(B) fish and wildlife habitat enhancement or modifica-
tions;
‘‘(C) wetland protection, enhancement, and restoration,
where necessary for support of fish, wildlife, or plants;
‘‘(D) integration of, and consistency among, the various
activities conducted under the plan;
‘‘(E) establishment of specific natural resource manage-
ment goals and objectives and time frames for proposed
action;
‘‘(F) sustainable use by the public of natural resources
to the extent that the use is not inconsistent with the
needs of fish and wildlife resources;
H. R. 1119—392
(1) prepare and begin implementing such a plan in accord-
ance with section 101(a) of the Sikes Act (as amended by
this title); or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of enactment of this
Act, complete negotiations with the Secretary of the Interior
and the heads of the appropriate State agencies regarding
changes to the plan that are necessary for the plan to constitute
an integrated natural resources management plan that complies
with that section, as amended by this title.
(d) PUBLIC COMMENT.—The Secretary of each military depart-
ment shall provide an opportunity for the submission of public
comments on—
(1) integrated natural resources management plans pro-
posed under subsection (c)(1); and
(2) changes to cooperative plans proposed under subsection
(c)(2).
SEC. 2906. TRANSFER OF WILDLIFE CONSERVATION FEES FROM
CLOSED MILITARY INSTALLATIONS.
Section 101(b)(3)(B) of the Sikes Act (16 U.S.C. 670a(b)) (as
redesignated by section 2904(c)(4)) is amended by inserting before
the period at the end the following: ‘‘, unless the military installation
is subsequently closed, in which case the fees may be transferred
to another military installation to be used for the same purposes’’.
SEC. 2907. 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 subsection:
‘‘(f) REVIEWS AND REPORTS.—
‘‘(1) SECRETARY OF DEFENSE.—Not later than March 1 of
each year, the Secretary of Defense shall review the extent
to which integrated natural resources management plans were
prepared or were in effect and implemented in accordance
with this title in the preceding year, and submit a report
on the findings of the review to the committees. Each report
shall include—
‘‘(A) the number of integrated natural resources
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 amounts expended on conservation activities
conducted pursuant to the plans in the year covered by
the report; and
‘‘(C) an assessment of the extent to which the plans
comply with this title.
‘‘(2) SECRETARY OF THE INTERIOR.—Not later than March
1 of each year and in consultation with the heads of State
fish and wildlife agencies, the Secretary of the Interior shall
submit a report to the committees on the amounts expended
by the Department of the Interior and the State fish and
wildlife agencies in the year covered by the report on conserva-
tion activities conducted pursuant to integrated natural
resources management plans.
‘‘(3) DEFINITION OF COMMITTEES.—In this subsection, the
term ‘committees’ means—
H. R. 1119—393
‘‘(A) the Committee on Resources and the Committee
on National Security of the House of Representatives; and
‘‘(B) the Committee on Armed Services and the
Committee on Environment and Public Works of the
Senate.’’.
SEC. 2908 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 in lieu thereof ‘‘Secretary of a military depart-
ment’’;
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
‘‘(b) MULTIYEAR
AGREEMENTS.—Funds appropriated to the
Department of Defense for a fiscal year may be obligated to cover
the cost of goods and services provided under a cooperative agree-
ment entered into under subsection (a) or through an agency agree-
ment under section 1535 of title 31, United States Code, during
any 18-month period beginning in that fiscal year, without regard
to whether the agreement crosses fiscal years.’’.
SEC. 2909. FEDERAL ENFORCEMENT.
Title I of the Sikes Act is amended—
(1) by redesignating section 106 (16 U.S.C. 670f) as section
108; and
(2) by inserting after section 105 (16 U.S.C. 670e) the
following new section:
‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
‘‘All Federal laws relating to the management of natural
resources on Federal land may be enforced by the Secretary of
Defense with respect to violations of the laws that occur on military
installations within the United States.’’.
SEC. 2910. NATURAL RESOURCES MANAGEMENT SERVICES.
Title I of the Sikes Act is amended by inserting after section
106 (as added by section 2909) the following new section:
‘‘SEC. 107. NATURAL RESOURCES MANAGEMENT SERVICES.
‘‘To the extent practicable using available resources, the Sec-
retary of each military department shall ensure that sufficient
numbers of professionally trained natural resources management
personnel and natural resources law enforcement personnel are
available and assigned responsibility to perform tasks necessary
to carry out this title, including the preparation and implementation
of integrated natural resources management plans.’’.
SEC. 2911. DEFINITIONS.
Title I of the Sikes Act is amended by inserting before section
101 (16 U.S.C. 670a) the following new section:
‘‘SEC. 100. DEFINITIONS.
‘‘In this title:
‘‘(1) MILITARY INSTALLATION.—The term ‘military installa-
tion’—
‘‘(A) 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
H. R. 1119—394
land under the jurisdiction of the Assistant Secretary of
the Army having responsibility for civil works;
‘‘(B) 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; and
‘‘(C) does not include any land described in subpara-
graph (A) or (B) that is subject to an approved recommenda-
tion 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).
‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The term ‘State
fish and wildlife agency’ means the one or more agencies of
State government that are responsible 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 posses-
sions of the United States.’’.
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. TECHNICAL 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 redesig-
nated by section 2904(c)(4)—
(A) in subparagraph (A), by striking out ‘‘the reserva-
tion’’ 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’’;
(3) 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’’;
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking ‘‘the
Federal Grant and Cooperative Agreement Act of 1977 (41
U.S.C. 501 et seq.)’’ and inserting ‘‘chapter 63 of title 31, United
States Code’’;
(5) in section 102 (16 U.S.C. 670b), by striking out ‘‘military
reservations’’ and inserting in lieu thereof ‘‘military installa-
tions’’; and
(6) in section 103 (16 U.S.C. 670c)—
(A) by striking out ‘‘military reservations’’ and inserting
in lieu thereof ‘‘military installations’’; and
(B) by striking out ‘‘such reservations’’ and inserting
in lieu thereof ‘‘the installations’’.
SEC. 2914. AUTHORIZATIONS OF APPROPRIATIONS.
(a) CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS.—
Subsections (b) and (c) of section 108 of the Sikes Act (as redesig-
nated by section 2909(1)) are each amended by striking out ‘‘1983’’
H. R. 1119—395
and all that follows through ‘‘1993,’’ and inserting in lieu thereof
‘‘1998 through 2003,’’.
(b) CONSERVATION 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 enable the Sec-
retary of the Interior’’ and inserting in lieu thereof ‘‘$4,000,000
for each of fiscal years 1998 through 2003, to enable the Sec-
retary of the Interior’’; and
(2) in subsection (b), by striking out ‘‘the sum of
$12,000,000’’ and all that follows through ‘‘to enable the Sec-
retary of Agriculture’’ and inserting in lieu thereof ‘‘$5,000,000
for each of fiscal years 1998 through 2003, to enable the Sec-
retary of Agriculture’’.
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department of
Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Memorandum of understanding for use of national laboratories for
ballistic missile defense programs.
Sec. 3132. Defense environmental management privatization projects.
Sec. 3133. International cooperative stockpile stewardship.
Sec. 3134. Modernization of enduring nuclear weapons complex.
Sec. 3135. Tritium production.
Sec. 3136. Processing, treatment, and disposition of spent nuclear fuel rods and
other legacy nuclear materials at the Savannah River Site.
Sec. 3137. Limitations on use of funds for laboratory directed research and develop-
ment purposes.
Sec. 3138. Pilot program relating to use of proceeds of disposal or utilization of
certain Department of Energy assets.
Sec. 3139. Modification and extension of authority relating to appointment of
certain scientific, engineering, and technical personnel.
Sec. 3140. Limitation on use of funds for subcritical nuclear weapons tests.
Sec. 3141. Limitation on use of certain funds until future use plans are submitted.
Subtitle D—Other Matters
Sec. 3151. Plan for stewardship, management, and certification of warheads in the
nuclear weapons stockpile.
H. R. 1119—396
Sec. 3152. Repeal of obsolete reporting requirements.
Sec. 3153. Study and funding relating to implementation of workforce restructuring
plans.
Sec. 3154. Report and plan for external oversight of national laboratories.
Sec. 3155. University-based research collaboration program.
Sec. 3156. Stockpile stewardship program.
Sec. 3157. Reports on advanced supercomputer sales to certain foreign nations.
Sec. 3158. Transfers of real property at certain Department of Energy facilities.
Sec. 3159. Requirement to delegate certain authorities to site manager of Hanford
Reservation.
Sec. 3160. Submittal of biennial waste management reports.
Sec. 3161. Department of Energy Security Management Board.
Sec. 3162. Submittal of annual report on status of security functions at nuclear
weapons facilities.
Sec. 3163. Modification of authority on Commission on Maintaining United States
Nuclear Weapons Expertise.
Sec. 3164. Land transfer, Bandelier National Monument.
Sec. 3165. Final settlement of Department of Energy community assistance obliga-
tions with respect to Los Alamos National Laboratory, New Mexico.
Sec. 3166. Sense of Congress regarding the Y–12 Plant in Oak Ridge, Tennessee.
Sec. 3167. Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico.
Sec. 3168. Improvements to Greenville Road, Livermore, California.
Sec. 3169. Report on alternative system for availability of funds.
Sec. 3170. Report on remediation under the Formerly Utilized Sites Remedial
Action Program.
Subtitle A—National Security Programs
Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE STEWARDSHIP.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1998 for stockpile stewardship in carrying out weapons activities
necessary for national security programs in the amount of
$1,867,150,000, to be allocated as follows:
(1) For core stockpile stewardship, $1,387,100,000, to be
allocated as follows:
(A) For operation and maintenance, $1,288,290,000.
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation 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 
radiographic
hydrotest facility, Los Alamos National Laboratory, Los
Alamos, New Mexico, $46,300,000.
Project 96–D–102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $19,810,000.
Project 96–D–103, ATLAS, Los Alamos National
Laboratory, Los Alamos, New Mexico, $13,400,000.
Project 
96–D–105, 
contained 
firing 
facility
addition, Lawrence Livermore National Laboratory,
Livermore, California, $19,300,000.
(2) For inertial fusion, $414,800,000, to be allocated as
follows:
(A) For operation and maintenance, $217,000,000.
(B) For the following plant project (including mainte-
nance, restoration, planning, construction, acquisition, and
modification of facilities, and land acquisition related there-
to), $197,800,000, to be allocated as follows:
H. R. 1119—397
Project 96–D–111, national ignition facility, loca-
tion to be determined, $197,800,000.
(3) For technology transfer and education, $65,250,000,
to be allocated as follows:
(A) For technology transfer, $56,250,000.
(B) For education, $9,000,000.
(b) STOCKPILE MANAGEMENT.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1998 for stockpile management in carrying out weapons activities
necessary for national security programs in the amount of
$2,052,150,000, to be allocated as follows:
(1) For operation and maintenance, $1,891,265,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities,
and the continuation of projects authorized in prior years, and
land acquisition related thereto), $160,885,000, to be allocated
as follows:
Project 98–D–123, stockpile management restructuring
initiative, tritium factory modernization and consolidation,
Savannah River Site, Aiken, South Carolina, $11,000,000.
Project 98–D–124, stockpile management restructuring
initiative, Y–12 Plant consolidation, Oak Ridge, Tennessee,
$6,450,000.
Project 98–D–125, tritium extraction facility, Savannah
River Site, Aiken, South Carolina, $9,650,000.
Project 98–D–126, accelerator production of tritium,
various locations, $67,865,000.
Project 97–D–122, nuclear materials storage 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 quality upgrade
(STQU), Pantex Plant, Amarillo, Texas, $6,900,000.
Project 96–D–123, retrofit heating, ventilation, and air
conditioning and chillers for ozone protection, Y–12 Plant,
Oak Ridge, Tennessee, $2,700,000.
Project 95–D–102, chemistry and metallurgy research
(CMR) upgrades project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $5,000,000.
Project 95–D–122, sanitary sewer upgrade, Y–12 Plant,
Oak Ridge, Tennessee, $12,600,000.
Project 94–D–124, hydrogen fluoride supply 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 notification
system, various locations, $3,200,000.
Project 
88–D–122, 
facilities 
capability 
assurance
program, various locations, $18,920,000.
(c) PROGRAM DIRECTION.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998
for program direction in carrying out weapons activities necessary
for national security programs in the amount of $250,000,000.
H. R. 1119—398
(d) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in subsections (a) through (c) reduced by
$22,608,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGE-
MENT.
(a) ENVIRONMENTAL RESTORATION.—Funds are hereby author-
ized to be appropriated to the Department of Energy for fiscal
year 1998 for environmental restoration in carrying out environ-
mental restoration and waste management activities necessary for
national security programs in the amount of $1,010,973,000, of
which $388,000,000 shall be allocated to the uranium enrichment
decontamination and decommissioning fund.
(b) 
DEFENSE
ENVIRONMENTAL
MANAGEMENT
CLOSURE
PROJECTS.—Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1998 for closure projects
in carrying out environmental restoration and waste management
activities necessary for national security programs in the amount
of $875,000,000, to be allocated as follows:
Project 98–CLR–1, Rocky Flats Closure Site, Denver, Colo-
rado, $648,400,000.
Project 98–CLR–2, Fernald Environmental Management
Project, Fernald, Ohio, $226,600,000.
(c) WASTE MANAGEMENT.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998
for waste management in carrying out environmental restoration
and waste management activities necessary for national security
programs in the amount of $1,571,644,000, to be allocated as follows:
(1) For operation and maintenance, $1,490,876,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities,
and the continuation of projects authorized in prior years, and
land acquisition 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 
upgrades,
various locations, $8,200,000.
Project 95–D–402, install permanent electrical service,
Waste Isolation Pilot Plant, Carlsbad, New Mexico,
$176,000.
Project 95–D–405, industrial landfill V and construc-
tion/demolition landfill VII, Y–12 Plant, Oak Ridge,
Tennessee, $3,800,000.
Project 
95–D–407, 
219–S 
secondary 
containment
upgrade, Richland, Washington, $2,500,000.
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.
H. R. 1119—399
Project 93–D–187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$17,520,000.
Project 92–D–172, hazardous waste treatment and
processing 
facility, 
Pantex 
Plant, 
Amarillo, 
Texas,
$5,000,000.
Project 89–D–174, replacement high-level waste evapo-
rator, Savannah River Site, Aiken, South Carolina,
$1,042,000.
Project 86–D–103, decontamination and waste treat-
ment facility, Lawrence Livermore National Laboratory,
Livermore, California, $11,250,000.
(d) TECHNOLOGY DEVELOPMENT.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year
1998 for technology development in carrying out environmental
restoration and waste management activities necessary for national
security programs in the amount of $220,000,000.
(e) NUCLEAR MATERIALS AND FACILITIES STABILIZATION.—Funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 for nuclear materials and facilities
stabilization in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $1,256,821,000, to be allocated as follows:
(1) For operation and maintenance, $1,176,114,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities,
and the continuation of projects authorized in prior years, and
land acquisition related thereto), $80,707,000, to be allocated
as follows:
Project 98–D–453, plutonium stabilization and han-
dling 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 facil-
ity, 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina,
$18,000,000.
Project 97–D–451, B-Plant safety class ventilation
upgrades, Richland, Washington, $2,000,000.
Project 97–D–470, environmental monitoring labora-
tory/health physics site support facility, Savannah River
Site, Aiken, South Carolina, $5,600,000.
Project 96–D–406, spent nuclear fuels canister storage
and 
stabilization 
facility, 
Richland, 
Washington,
$16,744,000.
Project 96–D–461, electrical distribution upgrade,
Idaho National Engineering Laboratory, 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, ventila-
tion, and air conditioning and chiller retrofit, Savannah
River Site, Aiken, South Carolina, $8,500,000.
Project 95–D–155, upgrade site road infrastructure,
Savannah River Site, South Carolina, $2,713,000.
H. R. 1119—400
Project 95–D–456, security facilities consolidation,
Idaho Chemical Processing Plant, Idaho National Engineer-
ing Laboratory, Idaho, $602,000.
(f) PROGRAM DIRECTION.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998
for program direction in carrying out environmental restoration
and waste management activities necessary for national security
programs in the amount of $345,751,000.
(g) POLICY AND MANAGEMENT.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year
1998 for policy and management in carrying out environmental
restoration and waste management 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 Department 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.
(i) DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.—
Funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1998 for environmental management
privatization projects in carrying out environmental restoration and
waste management activities necessary for national security pro-
grams in the amount of $224,700,000, to be allocated as follows:
Project 98–PVT–1, contact handled transuranic waste
transportation, Carlsbad, New Mexico, $21,000,000.
Project 98–PVT–2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $27,000,000.
Project 98–PVT–3, waste pits remedial action, Fernald,
Ohio, $25,000,000.
Project 98–PVT–4, spent nuclear fuel transfer and storage,
Savannah River, South Carolina, $25,000,000.
Project 98–PVT–5, waste disposal, Oak Ridge, Tennessee,
$5,000,000.
Project 98–PVT–6, Ohio silo 3 waste treatment, Fernald,
Ohio, $6,700,000.
Project 97–PVT–1, tank waste remediation system phase
1, Hanford, Washington, $115,000,000.
(j) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to this section for subsections (a) through (h)
is the sum of the amounts authorized to be appropriated in those
subsections reduced by $50,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated 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 $1,642,310,000, to be allocated as follows:
(1) For verification and control technology, $478,200,000,
to be allocated as follows:
(A) For nonproliferation and verification research and
development, $210,000,000.
(B) For arms control, $234,600,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security, $47,200,000.
(3) For security investigations, $25,000,000.
H. R. 1119—401
(4) For emergency management, $20,000,000.
(5) For program direction, $78,900,000.
(6) For worker and community transition assistance,
$61,159,000, to be allocated as follows:
(A) For worker and community transition, $57,659,000.
(B) For program direction, $3,500,000.
(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, 
defense,
$94,000,000, to be allocated as follows:
(A) For the Office of Environment, Safety, and Health
(Defense), $74,000,000.
(B) For program direction, $20,000,000.
(9) For the Office of Hearings and Appeals, $1,900,000.
(10) For nuclear energy, $47,000,000, to be allocated as
follows:
(A) For nuclear technology research and development
(electrometallurgical), $12,000,000.
(B) For international nuclear safety (Soviet-designed
reactors), $35,000,000.
(11) For naval reactors development, $670,500,000, to be
allocated as follows:
(A) For operation and maintenance, $635,920,000.
(B) For program direction, $20,080,000.
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior 
years, 
and 
land 
acquisition 
related 
thereto),
$14,500,000, to be allocated as follows:
Project 98–D–200, site laboratory/facility upgrade,
various locations, $5,700,000.
Project 97–D–201, advanced test reactor secondary
coolant refurbishment, Idaho National Engineering
Laboratory, Idaho, $4,600,000.
Project 95–D–200, laboratory systems and hot cell
upgrades, various locations, $1,100,000.
Project 90–N–102, expended core facility dry cell
project, Naval Reactors Facility, Idaho, $3,100,000.
(12) For independent assessment of Department of Energy
projects, $15,000,000.
(b) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in paragraphs (1) through (12) of subsection
(a) reduced by $6,047,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1998 for payment to the Nuclear
Waste Fund established in section 302(c) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$190,000,000.
H. R. 1119—402
Subtitle B—Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy submits to
the congressional defense committees the report referred to in sub-
section (b) and a period of 30 days has elapsed after the date
on which such committees receive the report, the Secretary may
not use amounts appropriated pursuant to this title for any pro-
gram—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) REPORT.—(1) The report referred to in subsection (a) is
a report containing a full and complete statement of the action
proposed to be taken and the facts and circumstances relied upon
in support of such proposed action.
(2) In the computation of the 30-day period under subsection
(a), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total amount
authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used
for an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may carry out any
construction project under the general plant projects authorized
by this title if the total estimated cost of the construction project
does not exceed $5,000,000.
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost
variations and the revised cost of the project exceeds $5,000,000,
the Secretary shall immediately furnish a complete report to the
congressional defense committees explaining the reasons for the
cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in paragraph (2),
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above
the total estimated cost, whenever the current estimated cost of
the construction project, which is authorized by section 3101, 3102,
or 3103, or which is in support of national security programs of
the Department of Energy and was authorized by any previous
Act, exceeds by more than 25 percent the higher of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if—
H. R. 1119—403
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on
which the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) shall not apply to any construc-
tion 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 avail-
able 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.—(1) Subject
to paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy pursu-
ant to this title between any such authorizations. Amounts of
authorizations so transferred may be merged with and be available
for the same purposes and for the same period as the authorization
to which the amounts are transferred.
(2) Not more than five percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased by more than
five percent by a transfer under such paragraph.
(c) LIMITATION.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide funds for items relating
to activities necessary for national security programs that have
a higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for
which Congress has specifically denied funds.
(d) NOTICE
TO CONGRESS.—The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives of any transfer of funds to or from authorizations under
this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION
DESIGN.
(a) REQUIREMENT
FOR CONCEPTUAL DESIGN.—(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction project
that is in support of a national security program of the Department
of Energy, the Secretary of Energy shall complete a conceptual
design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary shall
submit to Congress a request for funds for the conceptual design
before submitting a request for funds for the construction project.
H. R. 1119—404
(3) The requirement in paragraph (1) does not apply to a
request for funds—
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction activi-
ties 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 engineer-
ing services) in connection with any proposed construction project
if the total estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000, funds for such
design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an authorization
in this title, including those funds authorized to be appropriated
for advance planning and construction design under sections 3101,
3102, and 3103, to perform planning, design, and construction
activities for any Department of Energy national security program
construction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect property.
(b) LIMITATION.—The Secretary may not exercise the authority
under subsection (a) in the case of any construction project until
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry
out under this section and the circumstances making such activities
necessary.
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2)
does not apply to emergency planning, design, and construction
activities conducted under this section.
SEC. 
3127. 
FUNDS 
AVAILABLE 
FOR 
ALL 
NATIONAL 
SECURITY
PROGRAMS OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section
3121, amounts appropriated pursuant to this title for management
and support activities and for general plant projects are available
for use, when necessary, in connection with all national security
programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated for
operation and maintenance or for plant projects may remain avail-
able until expended.
(b) EXCEPTION
FOR PROGRAM DIRECTION FUNDS.—Amounts
appropriated for program direction pursuant to an authorization
of appropriations in subtitle A shall remain available to be expended
only until the end of fiscal year 2000.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS.
(a) TRANSFER
AUTHORITY
FOR
DEFENSE
ENVIRONMENTAL
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the
H. R. 1119—405
manager of each field office of the Department of Energy with
the authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the office to
another such program or project.
(b) LIMITATIONS.—(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager determines
that the transfer is necessary to address a risk to health, safety,
or the environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied funds
or for a new program or project that has not been authorized
by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The
requirements of section 3121 shall not apply to transfers of funds
pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify
Congress of any transfer of funds pursuant to subsection (a) not
later than 30 days after such transfer occurs.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with respect
to a field office of the Department of Energy, any of the
following:
(A) A project listed in subsection (c) or (e) of section
3102 being carried out by the office.
(B) A program referred to in subsection (a), (c), (d),
or (e) of section 3102 being carried out by the office.
(C) A project or program not described in subparagraph
(A) or (B) that is for environmental restoration or waste
management activities necessary for national security pro-
grams of the Department, that is being carried out by
the office, and for which defense environmental manage-
ment funds have been authorized and appropriated before
the date of enactment of this Act.
(2) The term ‘‘defense environmental management funds’’
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national
security programs.
(f) DURATION OF AUTHORITY.—The managers of the field offices
of the Department may exercise the authority provided under sub-
section (a) during the period beginning on October 1, 1997, and
ending on September 30, 1998.
H. R. 1119—406
Subtitle C—Program Authorizations,
Restrictions, and Limitations
SEC. 3131. MEMORANDUM OF UNDERSTANDING FOR USE OF NATIONAL
LABORATORIES 
FOR 
BALLISTIC 
MISSILE 
DEFENSE
PROGRAMS.
(a) MEMORANDUM
OF
UNDERSTANDING.—The Secretary of
Energy and the Secretary of Defense shall enter into a memoran-
dum of understanding for the purpose of improving and facilitating
the use by the Secretary of Defense of the expertise of the national
laboratories for the ballistic missile defense programs of the Depart-
ment of Defense.
(b) ASSISTANCE.—The memorandum of understanding shall pro-
vide that the Secretary of Defense shall request such assistance
with respect to the ballistic missile defense programs of the Depart-
ment of Defense as the Secretary of Defense and the Secretary
of Energy determine can be provided through the technical skills
and experience of the national laboratories, using such financial
arrangements as the Secretaries determine are appropriate.
(c) ACTIVITIES.—The memorandum of understanding shall pro-
vide that the national laboratories shall carry out those activities
necessary to respond to requests for assistance from the Secretary
of Defense referred to in subsection (b). Such activities may include
the identification of technical modifications and test techniques,
the analysis of physics problems, the consolidation of range and
test activities, and the analysis and simulation of theater missile
defense deployment problems.
(d) NATIONAL LABORATORIES.—For purposes of this section, the
national laboratories are—
(1) the Lawrence Livermore National Laboratory, Liver-
more, California;
(2) the Los Alamos National Laboratory, Los Alamos, New
Mexico; and
(3) the Sandia National Laboratories, Albuquerque, New
Mexico.
SEC. 3132. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
PROJECTS.
(a) AUTHORITY TO ENTER INTO CONTRACTS.—The Secretary of
Energy may, using funds authorized to be appropriated by section
3102(i) for a project referred to in that section, enter into a contract
that—
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or acquire any
equipment or facilities required to carry out the contract;
(3) requires the contractor to bear any of the costs of
the construction, acquisition, and operation of such equipment
or facilities that arise before the commencement of the provision
of goods or services under the contract; and
(4) provides for payment to the contractor under the con-
tract only upon the meeting of performance specifications in
the contract.
(b) NOTICE AND WAIT.—(1) The Secretary may not enter into
a contract under subsection (a), exercise an authorization to proceed
with such a contract or extend any contract period for such a
contract by more than one year until 30 days after the date on
H. R. 1119—407
which the Secretary submits to the congressional defense commit-
tees a report with respect to the contract.
(2) Except as provided in paragraph (3), a report under para-
graph (1) with respect to a contract shall set forth—
(A) the anticipated costs and fees of the Department under
the contract, including the anticipated maximum amount of
such costs and fees;
(B) any performance specifications in the contract;
(C) the anticipated dates of commencement and completion
of the provision of goods or services under the contract;
(D) the allocation between the Department and the contrac-
tor of any financial, regulatory, or environmental obligations
under the contract;
(E) any activities planned or anticipated to be required
with respect to the project after completion of the contract;
(F) the site services or other support to be provided the
contractor by the Department under the contract;
(G) the goods or services to be provided by the Department
or contractor under the contract, including any additional
obligations to be borne by the Department or contractor with
respect to such goods or services;
(H) if the contract provides for financing of the project
by an entity or entities other than the United States, a detailed
comparison of the costs of financing the project through such
entity or entities with the costs of financing the project by
the United States;
(I) the schedule for the contract;
(J) the costs the Department would otherwise have incurred
in obtaining the goods or services covered by the contract
if the Department had not proposed to obtain the goods or
services under this section;
(K) an estimate and justification of the cost savings, if
any, to be realized through the contract, including the assump-
tions underlying the estimate;
(L) the effect of the contract on any ancillary schedules
applicable to the facility concerned, including milestones in
site compliance agreements; and
(M) the plans for maintaining financial and programmatic
accountability for activities under the contract.
(3) In the case of a contract under subsection (a) at the Hanford
Reservation, the report under paragraph (1) shall set forth—
(A) the matters specified in paragraph (2); and
(B) if the contract contemplates two pilot vitrification
plants—
(i) an analysis of the basis for the selection of each
of the plants in lieu of a single pilot vitrification plant;
and
(ii) a detailed comparison of the costs to the United
States of two pilot plants with the costs to the United
States of a single pilot plant.
(c) COST VARIATIONS.—(1)(A) The Secretary may not enter into
a contract for a project referred to in subparagraph (B), or obligate
funds attributable to the capital portion of the cost of such a
contract, whenever the current estimated cost of the project exceeds
the amount of the estimated cost of the project as shown in the
most recent budget justification data submitted to Congress.
(B) Subparagraph (A) applies to the following:
H. R. 1119—408
(i) A project authorized by section 3102(i).
(ii) A project authorized by section 3103 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104–201; 110 Stat. 2824) for which a contract has not been
entered into as of the date of enactment of this Act.
(2) The Secretary may not obligate funds attributable to the
capital portion of the cost of a contract entered into before such
date for a project authorized by such section 3103 whenever the
current estimated cost of the project equals or exceeds 110 percent
of the amount of the estimated cost of the project as shown in
the most recent budget justification data submitted to Congress.
(d) USE OF FUNDS FOR TERMINATION OF CONTRACT.—Not later
than 15 days before the Secretary obligates funds available for
a project authorized by section 3102(i) to terminate the contract
for the project under subsection (a), the Secretary shall notify
the congressional defense committees of the Secretary’s intent to
obligate the funds for that purpose.
(e) ANNUAL REPORT ON CONTRACTS.—(1) Not later than Feb-
ruary 28 of each year, the Secretary shall submit to the congres-
sional defense committees a report on the activities, if any, carried
out under each contract referred to in paragraph (2) during the
preceding year. The report shall include an update with respect
to each such contract of the matters specified under subsection
(b)(1) as of the date of the report.
(2) A contract referred to in paragraph (1) is the following:
(A) A contract under subsection (a) for a project referred
to in that subsection.
(B) A contract under section 3103 of the National Defense
Authorization Act for Fiscal Year 1997.
(f) ASSESSMENT OF CONTRACTING WITHOUT SUFFICIENT APPRO-
PRIATIONS.—Not later than 90 days after the date of enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report assessing whether, and under what cir-
cumstances, the Secretary could enter into contracts for defense
environmental management privatization projects in the absence
of sufficient appropriations to meet obligations under such contracts
without thereby violating the provisions of section 1341 of title
31, United States Code.
SEC. 3133. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.
(a) FUNDING PROHIBITION.—No funds authorized to be appro-
priated or otherwise available to the Department of Energy for
fiscal year 1998 may be obligated or expended to conduct any
activities associated with international cooperative stockpile
stewardship.
(b) EXCEPTIONS.—Subsection (a) does not apply to the following:
(1) Activities conducted between the United States and
the United Kingdom.
(2) Activities conducted between the United States and
France.
(3) Activities carried out under title III of this Act relating
to cooperative threat reduction with states of the former Soviet
Union.
SEC. 3134. MODERNIZATION OF ENDURING NUCLEAR WEAPONS
COMPLEX.
(a) FUNDING.—Subject to subsection (b), of the funds authorized
to be appropriated to the Department of Energy pursuant to section
H. R. 1119—409
3101, $85,000,000 shall be available for carrying out the program
described in section 3137(a) of the National Defense Authorization
Act for Fiscal Year 1996 (42 U.S.C. 2121 note).
(b) LIMITATION ON AVAILABILITY.—None of the funds available
under subsection (a) for carrying out the program referred to in
that subsection may be obligated or expended until 30 days after
the date of the receipt by Congress of the report required under
subsection (c).
(c) REPORT ON ALLOCATION OF FUNDS.—Not later than 30 days
after the date of enactment of this Act, the Secretary of Energy
shall submit to the congressional defense committees a report set-
ting forth the proposed allocation among specific Department of
Energy sites of the funds available under subsection (a) for the
program referred to in that subsection.
SEC. 3135. TRITIUM PRODUCTION.
(a) TRITIUM PRODUCTION DECISION.—(1) Not later than Decem-
ber 31, 1998, the Secretary of Energy shall make a final decision
on the technologies to be utilized, and the schedule to be adopted,
for tritium production in order to meet the requirements in the
Nuclear Weapons Stockpile Memorandum relating to tritium
production, including the tritium production date of 2005 specified
in the Nuclear Weapons Stockpile Memorandum.
(2) In making the final decision, the Secretary shall take into
account the following:
(A) The requirements for tritium production specified in
the Nuclear Weapons Stockpile Memorandum, including, in
particular, the requirements for the so-called ‘‘upload hedge’’
component of the nuclear weapons stockpile.
(B) The activities of the Department of Energy relating
to the evaluation and demonstration of technologies under the
accelerator program and the commercial light water reactor
program.
(C) The potential liabilities and benefits of each potential
technology for tritium production, including—
(i) regulatory and other barriers that might prevent
the production of tritium using the technology by the
production date referred to in paragraph (1);
(ii) potential difficulties, if any, in licensing the tech-
nology;
(iii) the variability, if any, in tritium production rates
using the technology; and
(iv) any other benefits (including scientific or research
benefits or the generation of revenue) associated with the
technology.
(b) REPORTS ON DECISION.—(1) Upon making a final decision
under paragraph (1) of subsection (a), the Secretary shall submit
to the congressional defense committees a report on the final deci-
sion. The report shall include an assessment of how the selected
technology addresses the items taken into account under paragraph
(2) of that subsection.
(2) If the Secretary determines that it is not possible to make
the final decision by the date specified in paragraph (1) of subsection
(a), the Secretary shall submit to the congressional defense commit-
tees on that date a report that explains in detail why the final
decision cannot be made by that date.
H. R. 1119—410
(c) LIMITATION ON AVAILABILITY OF FUNDS.—The Secretary may
not obligate or expend any funds authorized to be appropriated
or otherwise made available for the Department of Energy by this
Act for the purpose of evaluating or utilizing any technology for
the production of tritium other than a commercial light water
reactor or an accelerator until the later of—
(1) January 31, 1999; or
(2) the date that is 30 days after the date on which the
Secretary makes a final decision under subsection (a).
SEC. 3136. PROCESSING, TREATMENT, AND DISPOSITION OF SPENT
NUCLEAR FUEL RODS AND OTHER LEGACY NUCLEAR
MATERIALS AT THE SAVANNAH RIVER SITE.
(a) FUNDING.—Of the funds authorized to be appropriated
pursuant to section 3102(e), not more than $47,000,000 shall be
available for the implementation of a program to accelerate the
receipt, processing (including the H-canyon restart operations),
reprocessing, separation, reduction, deactivation, stabilization, isola-
tion, and interim storage of high level nuclear waste associated
with Department of Energy spent fuel rods, foreign spent fuel
rods, and other nuclear materials that are located at the Savannah
River Site.
(b) REQUIREMENT FOR CONTINUING OPERATIONS AT SAVANNAH
RIVER SITE.—The Secretary of Energy shall continue operations
and maintain a high state of readiness at the F-canyon and H-
canyon facilities at the Savannah River Site and shall provide
technical staff necessary to operate and maintain such facilities
at that state of readiness.
SEC. 3137. LIMITATIONS ON USE OF FUNDS FOR LABORATORY
DIRECTED RESEARCH AND DEVELOPMENT PURPOSES.
(a) GENERAL LIMITATIONS.—(1) No funds authorized to be
appropriated or otherwise made available to the Department of
Energy in any fiscal year after fiscal year 1997 for weapons activi-
ties may be obligated or expended for activities under the Depart-
ment of Energy Laboratory Directed Research and Development
Program, or under any Department of Energy technology transfer
program or cooperative research and development agreement,
unless such activities support the national security mission of the
Department of Energy.
(2) No funds authorized to be appropriated or otherwise made
available to the Department of Energy in any fiscal year after
fiscal year 1997 for environmental restoration, waste management,
or nuclear materials and facilities stabilization may be obligated
or expended for activities under the Department of Energy Labora-
tory Directed Research and Development Program, or under any
Department of Energy technology transfer program or cooperative
research and development agreement, unless such activities support
the environmental restoration mission, waste management mission,
or materials stabilization mission, as the case may be, of the Depart-
ment of Energy.
(b) LIMITATION IN FISCAL YEAR 1998 PENDING SUBMITTAL OF
ANNUAL REPORT.—Not more than 30 percent of the funds authorized
to be appropriated or otherwise made available to the Department
of Energy in fiscal year 1998 for laboratory directed research and
development may be obligated or expended for such research and
development until the Secretary of Energy submits to the congres-
sional defense committees the report required by section 3136(b)