H. R. 3616—325
(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.
(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.
H. R. 3616—326
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS 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 2001.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS.
(a) TRANSFER
AUTHORITY
FOR
DEFENSE
ENVIRONMENTAL
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the
manager of each field office of the Department of Energy with
the authority to transfer defense 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 follow-
ing:
(A) A program referred to or a project listed in para-
graph (2) or (3) of section 3102.
(B) A program or project not described in subparagraph
(A) that is for environmental restoration or waste manage-
ment activities necessary for national security programs
of the Department, that is being carried out by the office,
and for which defense environmental management funds
H. R. 3616—327
have been authorized and appropriated before the date
of the 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, 1998, and
ending on September 30, 1999.
Subtitle C—Program Authorizations,
Restrictions, and Limitations
SEC. 3131. PERMANENT EXTENSION OF FUNDING PROHIBITION RELAT-
ING 
TO 
INTERNATIONAL 
COOPERATIVE 
STOCKPILE
STEWARDSHIP.
Section 3133(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2036) is amended
by striking out ‘‘for fiscal year 1998’’ and inserting in lieu thereof
‘‘for any fiscal year’’.
SEC. 3132. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MISSILE DEFENSE
ACTIVITIES.—Of the amounts authorized to be appropriated to the
Department of Energy pursuant to section 3101, $30,000,000 shall
be available for research, development, and demonstration activities
to support the mission of the Ballistic Missile Defense Organization
of the Department of Defense, including the following activities:
(1) Technology development, concept demonstration, and
integrated testing to improve reliability and reduce risk in
hit-to-kill interceptors for missile defense.
(2) Support for science and engineering teams to address
technical problems identified by the Director of the Ballistic
Missile Defense Organization as critical to acquisition of a
theater missile defense capability.
(b) MEMORANDUM OF UNDERSTANDING.—The activities referred
to in subsection (a) shall be carried out under the memorandum
of understanding entered into by the Secretary of Energy and
the Secretary of Defense for the use of national laboratories for
ballistic missile defense programs, as required by section 3131
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 2034).
(c) METHOD OF FUNDING.—Funds for activities referred to in
subsection (a) may be provided—
(1) by direct payment from funds available pursuant to
subsection (a); or
(2) in the case of such an activity carried out by a national
laboratory but paid for by the Ballistic Missile Defense
Organization, through a method under which the Secretary
of Energy waives any requirement for the Department of
Defense to pay any indirect expenses (including overhead and
federal administrative charges) of the Department of Energy
or its contractors.
H. R. 3616—328
SEC. 3133. NONPROLIFERATION ACTIVITIES.
(a) INITIATIVES
FOR
PROLIFERATION
PREVENTION.—Of the
amount authorized to be appropriated by section 3103(a)(1)(A)(ii),
up to $20,000,000 may be used for the Initiatives for Proliferation
Prevention program.
(b) NUCLEAR CITIES INITIATIVE.—(1) Funds authorized under
this title may not be obligated or expended for the purpose of
implementing the Nuclear Cities Initiative until—
(A) the Secretary of Energy submits to the congressional
defense committees the report described in paragraph (2); and
(B) a period of 20 legislative days has expired following
the date on which the report is submitted to Congress.
(2) The Secretary of Energy shall prepare a report on the
Nuclear Cities Initiative. The report shall describe—
(A) the objectives of the initiative;
(B) methods and processes for the implementation of the
initiative;
(C) a program timeline for the initiative with milestones;
and
(D) the funding requirements for the initiative through
its completion.
(3) For purposes of this section, the term ‘‘Nuclear Cities Initia-
tive’’ means the initiative arising pursuant to the March 1998
discussion between the Vice President of the United States and
the Prime Minister of the Russian Federation and between the
Secretary of Energy of the United States and the Minister of Atomic
Energy of the Russian Federation.
(4) For purposes of paragraph (1)(B), a legislative day is a
day on which both Houses of Congress are in session.
SEC. 3134. LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATION
AND IRRADIATION FACILITIES.
(a) LICENSE REQUIREMENT.—Section 202 of the Energy Reorga-
nization Act of 1974 (42 U.S.C. 5842) is amended by adding at
the end the following new paragraph:
‘‘(5) Any facility under a contract with and for the account
of the Department of Energy that is utilized for the express
purpose of fabricating mixed plutonium-uranium oxide nuclear
reactor fuel for use in a commercial nuclear reactor licensed
under such Act, other than any such facility that is utilized
for research, development, demonstration, testing, or analysis
purposes.’’.
(b) AVAILABILITY OF FUNDS FOR LICENSING BY NRC.—Section
210 of the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1981 (42 U.S.C.
7272) shall not apply to any licensing activities required pursuant
to section 202(5) of the Energy Reorganization Act of 1974 (42
U.S.C. 5842), as added by subsection (a).
(c) APPLICABILITY
OF
OCCUPATIONAL
SAFETY
AND
HEALTH
REQUIREMENTS TO ACTIVITIES UNDER LICENSE.—Any activities car-
ried out under a license required pursuant to section 202(5) of
the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added
by subsection (a), shall be subject to regulation under the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).