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TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2405(a)(1), the Secretary of Defense may acquire
real property and carry out military construction projects
for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Defense Commissary Agency ...
Fort Lee, Virginia ................................
$9,300,000
Defense Finance & Accounting
Service.
Naval Station, Pearl Harbor, Hawaii
$10,000,000
Columbus Center, Ohio ........................
$9,722,000
Naval Air Station, Millington, Ten-
nessee .................................................
$6,906,000
Naval Station, Norfolk, Virginia ........
$12,800,000
Defense Intelligence Agency .....
Redstone Arsenal, Alabama .................
$32,700,000
Bolling Air Force Base, District of
Columbia ...........................................
$7,000,000
Defense Logistics Agency .........
Elmendorf Air Force Base, Alaska .....
$21,700,000
Naval Air Station, Jacksonville, Flor-
ida .....................................................
$9,800,000
Westover Air Reserve Base, Massachu-
setts ...................................................
$4,700,000
Defense 
Distribution 
New 
Cum-
berland—DDSP, Pennsylvania ......
$15,500,000
Defense Distribution Depot—DDNV,
Virginia ............................................
$16,656,000
Defense Fuel Support Point, Craney
Island, Virginia ...............................
$22,100,000
Defense General Supply Center, Rich-
mond, Virginia .................................
$5,200,000
Defense Fuel Support Center, Truax
Field, Wisconsin ...............................
$4,500,000
CONUS Various, CONUS Various .....
$11,275,000
Defense Medical Facility Office
Naval Station, San Diego, California
$2,100,000
Naval Submarine Base, New London,
Connecticut .......................................
$2,300,000
Naval Air Station, Pensacola, Florida
$2,750,000
Robins Air Force Base, Georgia .........
$19,000,000
Fort Campbell, Kentucky ....................
$13,600,000
Fort Detrick, Maryland .......................
$4,650,000
McGuire Air Force Base, New Jersey
$35,217,000
Holloman Air Force Base, New Mex-
ico ......................................................
$3,000,000
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Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Wright-Patterson Air Force Base,
Ohio ...................................................
$2,750,000
Lackland Air Force Base, Texas .........
$3,000,000
Hill Air Force Base, Utah ..................
$3,100,000
Marine Corps Combat Development
Command, Quantico, Virginia .......
$19,000,000
Naval Station, Everett, Washington ...
$7,500,000
National Security Agency ........
Fort Meade, Maryland .........................
$29,800,000
Special Operations Command
Naval Amphibious Base, North Is-
land, California ...............................
$7,400,000
Eglin Auxiliary Field 3, Florida .......
$11,200,000
Hurlburt Field, Florida .......................
$2,450,000
Fort Benning, Georgia .........................
$9,814,000
Hunter Army Air Field, Fort Stew-
art, Georgia ......................................
$2,500,000
Naval Station, Pearl Harbor, Hawaii
$7,400,000
Mississippi Army Ammunition Plant,
Mississippi ........................................
$9,900,000
Fort Bragg, North Carolina ................
$9,800,000
Total: .............................................
$408,090,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2405(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the Unit-
ed States, and in the amounts, set forth in the following
table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Ballistic Missile Defense Orga-
nization.
Kwajalein Atoll ....................................
$4,565,000
Defense Logistics Agency .........
Defense Fuel Support Point, Ander-
son Air Force Base, Guam ..............
$16,000,000
Defense Fuel Supply Center, Moron
Air Base, Spain ...............................
$14,400,000
Total: .............................................
$34,965,000
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2405(a)(13)(A), the
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Secretary of Defense may carry out architectural and engi-
neering services and construction design activities with re-
spect to the construction or improvement of military family
housing units in an amount not to exceed $50,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriation in section 2405(a)(13)(A), the Sec-
retary of Defense may improve existing military family
housing units in an amount not to exceed $4,950,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2405(a)(11), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE
AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and mili-
tary family housing functions of the Department of Defense
(other than the military departments), in the total amount
of $2,778,531,000 as follows:
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(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2401(a),
$408,090,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2401(b),
$34,965,000.
(3) For military construction projects at Annis-
ton Army Depot, Alabama, authorized by section
2101(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law
102–484; 106 Stat. 2587), $9,900,000.
(4) For military construction projects at Walter
Reed Army Institute of Research, Maryland, hospital
replacement, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1993 (106 Stat. 2599), $20,000,000.
(5) 
For 
military 
construction 
projects 
at
Umatilla Army Depot, Oregon, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law
103–337; 108 Stat. 3040), as amended by section
2407 of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104–
106; 110 Stat. 539) and section 2408(2) of this Act,
$57,427,000.
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(6) For military construction projects at the De-
fense Finance and Accounting Service, Columbus,
Ohio, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 1996
(110 Stat. 535), $14,200,000.
(7) For military construction projects at Ports-
mouth Naval Hospital, Virginia authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Years 1990 and 1991 (division B of
Public Law 101–189; 103 Stat. 1640), $34,600,000.
(8) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $9,844,000.
(9) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$34,457,000.
(10) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $31,520,000.
(11) For energy conservation projects authorized
by section 2404 of this Act, $25,000,000.
(12) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), $2,060,854,000.
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(13) For military family housing functions:
(A) For improvement and planning of mili-
tary family housing and facilities, $4,950,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $32,724,000, of
which not more than $27,673,000 may be obli-
gated or expended for the leasing of military
family housing units worldwide.
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variation authorized
by section 2853 of title 10, United States Code, and any
other cost variations authorized by law, the total cost of
all projects carried out under section 2401 of this Act may
not exceed the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).
SEC. 2406. CLARIFICATION OF AUTHORITY RELATING TO
FISCAL YEAR 1997 PROJECT AT NAVAL STA-
TION, PEARL HARBOR, HAWAII.
The table in section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1997 (division B
of Public Law 104–201; 110 Stat. 2775) is amended in the
item relating to Special Operations Command, Naval Sta-
tion, Ford Island, Pearl Harbor, Hawaii, in the installa-
tion or location column by striking out ‘‘Naval Station,
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Ford Island, Pearl Harbor, Hawaii’’ and inserting in lieu
thereof ‘‘Naval Station, Pearl City Peninsula, Pearl Har-
bor, Hawaii’’.
SEC. 2407. AUTHORITY TO USE PRIOR YEAR FUNDS TO
CARRY OUT CERTAIN DEFENSE AGENCY MILI-
TARY CONSTRUCTION PROJECTS.
(a) AUTHORITY TO USE FUNDS.—Notwithstanding
any other provision of law and subject to subsection (c),
the Secretary of Defense may carry out the military con-
struction projects referred to in subsection (b), in the
amounts specified in that subsection, using amounts appro-
priated pursuant to the authorization of appropriations in
section 2405(a)(1) of the Military Construction Authoriza-
tion Act for Fiscal Year 1995 (division B of Public Law
103–337; 108 Stat. 3042) for the military construction
project authorized at McClellan Air Force Base, California,
by section 2401 of that Act (108 Stat. 3041).
(b) COVERED PROJECTS.—Funds available under sub-
section (a) may be used for military construction projects
as follows:
(1) 
Construction 
of 
an 
addition 
to 
the
Aeromedical Clinic at Anderson Air Base, Guam,
$3,700,000.
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(2) Construction of an occupational health clinic
facility at Tinker Air Force Base, Oklahoma,
$6,500,000.
(c) LIMITATION
ON
AVAILABILITY.—Unless funds
available under subsection (a) are obligated for a project
referred to in subsection (b) by the later of the dates set
forth in section 2701(a), the authority in subsection (a) to
use such funds for the project shall expire on the later of
such dates.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT
FISCAL YEAR 1995 PROJECTS.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Pub-
lic Law 103–337; 108 Stat. 3040), as amended by section
2407 of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104–106; 110
Stat. 539), under the agency heading relating to Chemical
Weapons and Munitions Destruction, is amended—
(1) in the item relating to Pine Bluff Arsenal,
Arkansas, by striking out ‘‘$115,000,000’’ in the
amount column and inserting in lieu thereof
‘‘$134,000,000’’; and
(2) in the item relating to Umatilla Army
Depot, Oregon, by striking out ‘‘$186,000,000’’ in the
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amount column and inserting in lieu thereof
‘‘$187,000,000’’.
SEC. 2409. AVAILABILITY OF FUNDS FOR FISCAL YEAR 1995
PROJECT RELATING TO RELOCATABLE OVER-
THE-HORIZON RADAR, NAVAL STATION ROO-
SEVELT ROADS, PUERTO RICO.
(a) AVAILABILITY OF FUNDS.—Notwithstanding any
other provision of law and except as provided in subsection
(b), funds appropriated under the heading ‘‘DRUG INTER-
DICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE’’ in
title VI of the Department of Defense Appropriations Act,
1995 (Public Law 103–335; 108 Stat. 2615) for the con-
struction of a relocatable over-the-horizon radar at Naval
Station Roosevelt Roads, Puerto Rico, shall be available for
that purpose until the later of—
(1) October 1, 1998; or
(2) the date of enactment of an Act authorizing
funds for military construction for fiscal year 1999.
(b) EXCEPTION.—Subsection (a) shall not apply to the
use of funds covered by that subsection for the purpose speci-
fied in that subsection if such funds are obligated before
the later of the dates specified in that subsection.
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TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment program as provided in section 2806 of title 10, Unit-
ed States Code, in an amount not to exceed the sum of the
amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North At-
lantic Treaty Organization as a result of construction pre-
viously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 1997, for contribu-
tions by the Secretary of Defense under section 2806 of title
10, United States Code, for the share of the United States
of the cost of projects for the North Atlantic Treaty Organi-
zation Security Investment program authorized by section
2501, in the amount of $152,600,000.
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TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal
years beginning after September 30, 1997, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition
of land for those facilities), the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $165,345,000; and
(B) for the Army Reserve, $87,640,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $21,213,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the Unit-
ed States, $193,269,000; and
(B) for the Air Force Reserve, $34,580,000.
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SEC. 2602. AUTHORIZATION OF ARMY NATIONAL GUARD
CONSTRUCTION PROJECT, AVIATION SUP-
PORT FACILITY, HILO, HAWAII, FOR WHICH
FUNDS HAVE BEEN APPROPRIATED.
Section 2601(1)(A) of the Military Construction Au-
thorization Act for Fiscal Year 1997 (division B of Public
Law 104–201; 110 Stat. 2780) is amended by striking out
‘‘$59,194,000’’ and inserting in lieu thereof ‘‘$65,094,000’’.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2000; or
(2) the date for the enactment of an Act author-
izing funds for military construction for fiscal year
2001.
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(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security
Investment program (and authorizations of appropriations
therefor), for which appropriated funds have been obligated
before the later of—
(1) October 1, 2000; or
(2) the date of the enactment of an Act authoriz-
ing funds for fiscal year 2001 for military construc-
tion projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1995 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103–337; 108 Stat. 3046),
authorizations for the projects set forth in the tables in sub-
section (b), as provided in section 2101, 2201, 2202, 2301,
2302, 2401, or 2601 of that Act, shall remain in effect until
October 1, 1998, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1999, whichever is later.
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(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1995 Project Authorization
State
Installation or lo-
cation
Project
Amount
California ..................
Fort Irwin .................
National Train-
ing Center
Airfield
Phase I.
$10,000,000
Navy: Extension of 1995 Project Authorizations
State
Installation or lo-
cation
Project
Amount
Maryland ...................
Indian Head Naval
Surface Warfare
Center.
Upgrade Power
Plant.
$4,000,000
Indian Head Naval
Surface Warfare
Center.
Denitrification/
Acid Mixing
Facility.
$6,400,000
Virginia .....................
Norfolk Marine Corps
Security Force
Battalion Atlantic.
Bachelor En-
listed Quar-
ters.
$6,480,000
Washington ................
Naval Station, Ever-
ett.
Housing Office
$780,000
CONUS Classified .....
Classified Location ...
Aircraft Fire
and Rescue
and Vehicle
Maintenance
Facilities.
$2,200,000
Air Force: Extension of 1995 Project Authorizations
State
Installation or lo-
cation
Project
Amount
California ..................
Beale Air Force Base
Consolidated
Support Cen-
ter.
$10,400,000
Los Angeles Air
Force Station.
Family Hous-
ing (50 units).
$8,962,000
North Carolina ..........
Pope Air Force Base
Combat Control
Team Facil-
ity.
$2,450,000
Pope Air Force Base
Fire Training
Facility.
$1,100,000
Defense Agencies: Extension of 1995 Project Authorizations
State
Installation or lo-
cation
Project
Amount
Alabama .....................
Anniston Army
Depot.
Carbon Filtra-
tion System.
$5,000,000
Arkansas ....................
Pine Bluff Arsenal ...
Ammunition
Demilitariza-
tion Facility.
$115,000,000
California ..................
Defense Contract
Management Area
Office, El Segundo.
Administrative
Building.
$5,100,000
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Defense Agencies: Extension of 1995 Project
Authorizations—Continued
State
Installation or lo-
cation
Project
Amount
Oregon ........................
Umatilla Army
Depot.
Ammunition
Demilitariza-
tion Facility.
$186,000,000
Army National Guard: Extension of 1995 Project
Authorizations
State
Installation or lo-
cation
Project
Amount
California ..................
Camp Roberts ...........
Modify Record
Fire/Mainte-
nance Shop.
$3,910,000
Camp Roberts ...........
Combat Pistol
Range.
$952,000
Pennsylvania .............
Fort Indiantown Gap
Barracks ...........
$6,200,000
Naval Reserve: Extension of 1995 Project Authorization
State
Installation or lo-
cation
Project
Amount
Georgia .......................
Naval Air Station
Marietta.
Training Center
$2,650,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1994 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
1994 (division B of Public Law 103–160; 107 Stat. 1880),
authorizations for the projects set forth in the table in sub-
section (b), as provided in section 2201 of that Act and ex-
tended by section 2702(a) of the Military Construction Au-
thorization Act for Fiscal Year 1997 (division B of Public
Law 104–201; 110 Stat. 2783), shall remain in effect until
October 1, 1998, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1999, whichever is later.
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(b) TABLE.—The table referred to in subsection (a) is
as follows:
Navy: Extension of 1994 Project Authorizations
State
Installation or loca-
tion
Project
Amount
California ........................
Camp Pendleton Marine
Corps Base.
Sewage Facility
$7,930,000
Connecticut .....................
New London Naval Sub-
marine Base.
Hazardous
Waste Trans-
fer Facility.
$1,450,000
SEC. 2704. EXTENSION OF AUTHORIZATION OF FISCAL YEAR
1993 PROJECT.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102–484; 106 Stat. 2602),
the authorization for the project set forth in the table in
subsection (b), as provided in section 2101 of that Act and
extended by section 2702 of the Military Construction Au-
thorization Act for Fiscal Year 1996 (division B of Public
Law 104–106; 110 Stat. 541) and section 2703 of the Mili-
tary Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104–201; 110 Stat. 2784), shall
remain in effect until October 1, 1998, or the date of enact-
ment of an Act authorizing funds for military construction
for fiscal year 1999, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is
as follows:
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Army: Extension of 1993 Project Authorization
State
Installation or lo-
cation
Project
Amount
Arkansas ....................
Pine Bluff Arsenal ...
Ammunition
Demilitariza-
tion Support
Facility.
$15,000,000
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1992 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
1992 (division B of Public Law 102–190; 105 Stat. 1535),
authorizations for the projects set forth in the table in sub-
section (b), as provided in section 2101 of that Act and ex-
tended by section 2702 of the Military Construction Author-
ization Act for Fiscal Year 1995 (division B of Public Law
103–337; 108 Stat. 3047), section 2703 of the Military Con-
struction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104–106; 110 Stat. 543), and section 2704
of the Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104–201; 110 Stat.
2785), shall remain in effect until October 1, 1998, or the
date of enactment of an Act authorizing funds for military
construction for fiscal year 1999, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is
as follows:
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Army: Extension of 1992 Project Authorizations
State
Installation or lo-
cation
Project
Amount
Oregon ........................
Umatilla Army
Depot.
Ammunition
Demilitariza-
tion Support
Facility.
$3,600,000
Umatilla Army
Depot.
Ammunition
Demilitariza-
tion Utilities.
$7,500,000
SEC. 2706. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall
take effect on the later of—
(1) October 1, 1997; or
(2) the date of the enactment of this Act.
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. INCREASE IN CEILING FOR MINOR LAND ACQUI-
SITION PROJECTS.
(a) INCREASE.—Section 2672 of title 10, United States
Code, is amended by striking out ‘‘$200,000’’ each place it
appears in subsection (a) and inserting in lieu thereof
‘‘$500,000’’.
(b) CONFORMING
AMENDMENTS.—(1) The section
heading for such section is amended by striking out
‘‘$200,000’’ and inserting in lieu thereof ‘‘$500,000’’.
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(2) The table of sections at the beginning of chapter
159 of such title is amended in the item relating to section
2672 by striking out ‘‘$200,000’’ and inserting in lieu
thereof ‘‘$500,000’’.
SEC. 2802. SALE OF UTILITY SYSTEMS OF THE MILITARY DE-
PARTMENTS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by adding at the end the following:
‘‘§ 2695. Sale of utility systems
‘‘(a) AUTHORITY.—The Secretary of the military de-
partment concerned may convey all right, title, and interest
of the United States, or any lesser estate thereof, in and
to all or part of a utility system located on or adjacent
to a military installation under the jurisdiction of the Sec-
retary to a municipal utility, private utility, regional or
district utility, or cooperative utility or other appropriate
entity.
‘‘(b) SELECTION OF PURCHASER.—If more than one
utility or entity referred to in subsection (a) notifies the
Secretary concerned of an interest in a conveyance under
that subsection, the Secretary shall carry out the conveyance
through the use of competitive procedures.
‘‘(c) CONSIDERATION.—
‘‘(1) IN
GENERAL.—The Secretary concerned
shall accept as consideration for a conveyance under
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subsection (a) an amount equal to the fair market
value (as determined by the Secretary) of the right,
title, or interest conveyed.
‘‘(2) FORM OF CONSIDERATION.—Consideration
under this subsection may take the form of—
‘‘(A) a lump sum payment; or
‘‘(B) a reduction in charges for utility serv-
ices provided the military installation concerned
by the utility or entity concerned.
‘‘(3) TREATMENT OF PAYMENTS.—
‘‘(A) CREDITING.—A lump sum payment
received under paragraph (2)(A) shall be cred-
ited, at the election of the Secretary—
‘‘(i) to an appropriation of the mili-
tary department concerned available for the
procurement of the same utility services as
are provided by the utility system conveyed
under this section;
‘‘(ii) to an appropriation of the mili-
tary department available for carrying out
energy savings projects or water conserva-
tion projects; or
‘‘(iii) to an appropriation of the mili-
tary department available for improvements
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to other utility systems on the installation
concerned.
‘‘(B) AVAILABILITY.—Amounts so credited
shall be merged with funds in the appropriation
to which credited and shall be available for the
same purposes, and subject to the same condi-
tions and limitations, as the appropriation with
which merged.
‘‘(d) INAPPLICABILITY OF CERTAIN CONTRACTING RE-
QUIREMENTS.—Sections 2461, 2467, and 2468 of this title
shall not apply to the conveyance of a utility system under
subsection (a).
‘‘(e) NOTICE
AND WAIT REQUIREMENT.—The Sec-
retary concerned may not make a conveyance under sub-
section (a) until—
‘‘(1) the Secretary submits to the Committees on
Armed Services and Appropriations of the Senate and
the Committees on National Security and Appropria-
tions of the House of Representatives an economic
analysis (based upon accepted life-cycle costing proce-
dures) demonstrating that—
‘‘(A) the long-term economic benefit of the
conveyance to the United States exceeds the long-
term economic cost of the conveyance to the
United States; and
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‘‘(B) the conveyance will reduce the long-
term costs of the United States for utility serv-
ices provided by the utility system concerned;
and
‘‘(2) a period of 21 days has elapsed after the
date on which the economic analysis is received by the
committees.
‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary concerned may require such additional terms and
conditions in connection with a conveyance under sub-
section (a) as such Secretary considers appropriate to pro-
tect the interests of the United States.
‘‘(g) UTILITY SYSTEM DEFINED.—For purposes of this
section:
‘‘(1) IN
GENERAL.—The term ‘utility system’
means the following:
‘‘(A) A system for the generation and sup-
ply of electric power.
‘‘(B) A system for the treatment or supply
of water.
‘‘(C) A system for the collection or treat-
ment of wastewater.
‘‘(D) A system for the generation and sup-
ply of steam, hot water, and chilled water.
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‘‘(E) A system for the supply of natural
gas.
‘‘(2) INCLUSIONS.—The term ‘utility system’ in-
cludes the following:
‘‘(A) Equipment, fixtures, structures, and
other improvements utilized in connection with a
system referred to in paragraph (1).
‘‘(B) Easements and rights-of-ways associ-
ated with a system referred to in that para-
graph.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2695. Sale of utility systems.’’.
SEC. 2803. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL
PROPERTY TRANSACTIONS.
(a) IN GENERAL.—(1) Chapter 159 of title 10, United
States Code, as amended by section 2802 of this Act, is fur-
ther amended by adding at the end the following:
‘‘§ 2696. Administrative expenses relating to certain
real property transactions
‘‘(a) AUTHORITY TO COLLECT.—Upon entering into
a transaction referred to in subsection (b) with a non-Fed-
eral person or entity, the Secretary of a military depart-
ment may collect from the person or entity an amount equal
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to the administrative expenses incurred by the Secretary in
entering into the transaction.
‘‘(b) COVERED TRANSACTIONS.—Subsection (a) ap-
plies to the following transactions:
‘‘(1) The exchange of real property.
‘‘(2) The grant of an easement over, in, or upon
real property of the United States.
‘‘(3) The lease or license of real property of the
United States.
‘‘(c) USE OF AMOUNTS COLLECTED.—Amounts col-
lected under subsection (a) for administrative expenses shall
be credited to the appropriation, fund, or account from
which such expenses were paid. Amounts so credited shall
be merged with funds in such appropriation, fund, or ac-
count and shall be available for the same purposes and sub-
ject to the same limitations as the funds with which
merged.’’.
(2) The table of sections at the beginning of chapter
159 of such title, as so amended, is further amended by add-
ing at the end the following:
‘‘2696. Administrative expenses relating to certain real property transactions.’’.
(b) CONFORMING AMENDMENT.—Section 2667(d)(4) of
such title is amended by striking out ‘‘to cover the adminis-
trative expenses of leasing for such purposes and’’.
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SEC. 2804. USE OF FINANCIAL INCENTIVES FOR ENERGY
SAVINGS AND WATER COST SAVINGS.
(a) IN GENERAL.—Section 2865(b) of title 10, United
States Code, is amended—
(1) in paragraph (1), by striking out ‘‘and fi-
nancial incentives described in subsection (d)(2)’’;
(2) in paragraph (2)—
(A) by striking out ‘‘section 2866(b)’’ in the
matter preceding subparagraph (A) and insert-
ing in lieu thereof ‘‘section 2866(b)(2)’’; and
(B) by striking out ‘‘section 2866(b)’’ in
subparagraph (A) and inserting in lieu thereof
‘‘section 2866(b)(2)’’; and
(3) by adding at the end the following:
‘‘(3)(A) Financial incentives received from gas or elec-
tric utilities under subsection (d)(2), and from utilities for
water demand or conservation under section 2866(b)(1) of
this title, shall be credited to an appropriation designated
by the Secretary of Defense. Amounts so credited shall be
merged with the appropriation to which credited and shall
be available for the same purposes and the same period as
the appropriation with which merged.
‘‘(B) The Secretary shall include in the annual report
under subsection (f) the amounts of financial incentives
credited under this paragraph during the year of the report
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and the purposes for which such amounts were utilized in
that year.’’.
(b) CONFORMING AMENDMENT.—Section 2866(b) of
such title is amended to read as follows:
‘‘(b) USE
OF FINANCIAL INCENTIVES
AND WATER
COST SAVINGS.—(1) Financial incentives received under
subsection (a)(2) shall be used as provided in paragraph
(3) of section 2865(b) of this title.
‘‘(2) Water cost savings realized under subsection
(a)(3) shall be used as provided in paragraph (2) of that
section.’’.
SEC. 2805. SCREENING OF REAL PROPERTY TO BE CON-
VEYED BY THE DEPARTMENT OF DEFENSE.
(a) REQUIREMENT.—(1) Chapter 159 of title 10, Unit-
ed States Code, as amended by section 2803 of this Act,
is further amended by adding at the end the following:
‘‘§ 2697. Screening of certain real property before con-
veyance
‘‘(a) REQUIREMENT.—(1) Notwithstanding any other
provision of law and except as provided in subsection (b),
the Secretary concerned may not convey real property that
is authorized or required to be conveyed, whether for or
without consideration, by any provision of law unless the
Administrator of General Services determines that the prop-
erty is surplus property to the United States in accordance
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with the Federal Property and Administrative Services Act
of 1949.
‘‘(2) The Administrator shall complete the screening
required for purposes of paragraph (1) not later than 30
days after the date of enactment of the provision authoriz-
ing or requiring the conveyance of the real property con-
cerned.
‘‘(3)(A) As part of the screening of real property under
this subsection, the Administrator shall determine the fair
market value of the property, including any improvements
thereon.
‘‘(B) In the case of real property determined to be sur-
plus, the Administrator shall submit to Congress a state-
ment of the fair market value of the property, including
any improvements thereon, not later than 30 days after the
completion of the screening.
‘‘(b) EXCEPTED AUTHORITY.—Subsection (a) shall not
apply to real property authorized or required to be disposed
of under the following provisions of law:
‘‘(1) Section 2687 of this title.
‘‘(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100–526; 10 U.S.C. 2687 note).
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‘‘(3) 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).
‘‘(4) Any provision of law authorizing the clo-
sure or realignment of a military installation that is
enacted after the date of enactment of the National
Defense Authorization Act for Fiscal Year 1998.
‘‘(5) Title II of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 481 et
seq.).
‘‘(c) LIMITATION ON MODIFICATION OR WAIVER.—A
provision of law may not be construed as modifying or su-
perseding the provisions of subsection (a) unless that provi-
sion of law—
‘‘(A) specifically refers to this section; and
‘‘(B) specifically states that such provision of
law modifies or supersedes the provisions of subsection
(a).’’.
(2) The table of sections at the beginning of such chap-
ter, as so amended, is further amended by adding at the
end the following:
‘‘2697. Screening of certain real property before conveyance.’’.
(b) APPLICABILITY.—Section 2697 of title 10, United
States Code, as added by subsection (a) of this section, shall
apply with respect to any real property authorized or re-
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quired to be conveyed under a provision of law covered by
such section that is enacted after December 31, 1996.
Subtitle B—Land Conveyances
SEC. 2811. MODIFICATION OF AUTHORITY FOR DISPOSAL
OF CERTAIN REAL PROPERTY, FORT BELVOIR,
VIRGINIA.
(a) REPEAL
OF AUTHORITY TO CONVEY.—Section
2821 of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101–
189; 103 Stat. 1658), as amended by section 2854 of the
Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104–106; 110 Stat. 568),
is repealed.
(b) TREATMENT AS SURPLUS PROPERTY.—(1) Not-
withstanding any other provision of law, the real property
described in paragraph (2) shall be deemed to be surplus
property for purposes of section 203 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 484).
(2) Paragraph (1) applies to a parcel of real property,
including improvements thereon, at Fort Belvoir, Virginia,
consisting of approximately 820 acres and known as the
Engineer Proving Ground.
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SEC. 2812. CORRECTION OF LAND CONVEYANCE AUTHOR-
ITY, ARMY RESERVE CENTER, ANDERSON,
SOUTH CAROLINA.
(a) CORRECTION OF CONVEYEE.—Subsection (a) of
section 2824 of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104–201;
110 Stat. 2793) is amended by striking out ‘‘County of An-
derson, South Carolina (in this section referred to as the
‘County’)’’ and inserting in lieu thereof ‘‘Board of Edu-
cation, Anderson County, South Carolina (in this section
referred to as the ‘Board’)’’.
(b) CONFORMING AMENDMENTS.—Subsections (b) and
(c) of such section are each amended by striking out ‘‘Coun-
ty’’ and inserting in lieu thereof ‘‘Board’’.
SEC. 2813. LAND CONVEYANCE, HAWTHORNE ARMY AMMU-
NITION DEPOT, MINERAL COUNTY, NEVADA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to Mineral Coun-
ty, Nevada (in this section referred to as the ‘‘County’’),
all right, title, and interest of the United States in and to
a parcel of excess real property, including improvements
thereon, consisting of approximately 33.1 acres located at
Hawthorne Army Ammunition Depot, Mineral County, Ne-
vada, and commonly referred to as the Schweer Drive Hous-
ing Area.
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(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a), and
any easement or right of way granted under subsection
(b)(1), as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2814. LONG-TERM LEASE OF PROPERTY, NAPLES,
ITALY.
(a) AUTHORITY.—The Secretary of the Navy may ac-
quire by long-term lease structures and real property relat-
ing 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 sub-
section (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 Secretary may exercise the authority under
subsection (a) only to the extent and in the amounts pro-
vided in advance in appropriations Acts.
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SEC. 2815. LAND CONVEYANCE, TOPSHAM ANNEX, NAVAL
AIR STATION, BRUNSWICK, MAINE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey, without consideration, to the Maine
School Administrative District No. 75, Topsham, Maine (in
this section referred to as the ‘‘District’’), all right, title,
and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of ap-
proximately 40 acres located at the Topsham Annex, Naval
Air Station, Brunswick, Maine.
(b) CONDITION
OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the District use the property conveyed for educational pur-
poses.
(c) REVERSION.—If the Secretary determines at any
time that the real property conveyed pursuant to this sec-
tion is not being used for the purpose specified in subsection
(b), all right, title, and interest in and to the property, in-
cluding any improvements thereon, shall revert to the Unit-
ed States, and the United States shall have the right of im-
mediate entry thereon.
(d) INTERIM LEASE.—(1) Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary may lease the property, together with the im-
provements thereon, to the District.
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(2) As consideration for the lease under this subsection,
the District shall provide such security services for the prop-
erty covered by the lease, and carry out such maintenance
work with respect to the property, as the Secretary shall
specify in the lease.
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (a) shall be determined by a survey satisfactory to
the Secretary. The District shall bear the cost of the survey.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a), and
the lease, if any, under subsection (d), as the Secretary con-
siders appropriate to protect the interests of the United
States.
SEC. 2816. LAND CONVEYANCE, NAVAL WEAPONS INDUS-
TRIAL RESERVE PLANT NO. 464, OYSTER BAY,
NEW YORK.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of
the Navy may convey, without consideration, to the County
of Nassau, New York (in this section referred to as the
‘‘County’’), all right, title, and interest of the United States
in and to parcels of real property consisting of approxi-
mately 110 acres and comprising the Naval Weapons In-
dustrial Reserve Plant No. 464, Oyster Bay, New York.
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(2)(A) As part of the conveyance authorized in para-
graph (1), the Secretary may convey to the County such
improvements, equipment, fixtures, and other personal
property (including special tooling equipment and special
test equipment) located on the parcels as the Secretary de-
termines to be not required by the Navy for other purposes.
(B) The Secretary may permit the County to review
and inspect the improvements, equipment, fixtures, and
other personal property located on the parcels for purposes
of the conveyance authorized by this paragraph.
(b) CONDITION OF CONVEYANCE.—The conveyance of
the parcels authorized in subsection (a) shall be subject to
the condition that the County—
(1) use the parcels, directly or through an agree-
ment with a public or private entity, for economic re-
development purposes or such other public purposes as
the County determines appropriate; or
(2) convey the parcels to an appropriate public
or private entity for use for such purposes.
(c) REVERSIONARY INTEREST.—If during the 5-year
period beginning on the date the Secretary makes the con-
veyance authorized under subsection (a) the Secretary deter-
mines that the conveyed real property is not being used for
a purpose specified in subsection (b), all right, title, and
interest in and to the property, including any improve-
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ments thereon, shall revert to the United States and the
United States shall have the right of immediate entry onto
the property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(d) INTERIM LEASE.—(1) Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary may lease the property, together with im-
provements thereon, to the County.
(2) As consideration for the lease under this subsection,
the County shall provide such security services and fire pro-
tection services for the property covered by the lease, and
carry out such maintenance work with respect to the prop-
erty, as the Secretary shall specify in the lease.
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne
by the County.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a), and
the lease, if any, under subsection (d), as the Secretary con-
siders appropriate to protect the interests of the United
States.
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SEC. 
2817. 
LAND 
CONVEYANCE, 
CHARLESTON 
FAMILY
HOUSING COMPLEX, BANGOR, MAINE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Air Force may convey, without consideration, to the City
of Bangor, Maine (in this section referred to as the ‘‘City’’),
all right, title, and interest of the United States in and to
a parcel of real property consisting of approximately 19.8
acres, including improvements thereon, located in Bangor,
Maine, and known as the Charleston Family Housing Com-
plex.
(b) PURPOSE OF CONVEYANCE.—The purpose of the
conveyance under subsection (a) is to facilitate the reuse
of the real property, currently unoccupied, which the City
proposes to use to provide housing opportunities for first-
time home buyers.
(c) CONDITION OF CONVEYANCE.—The conveyance au-
thorized by subsection (a) shall be subject to the condition
that the City, if the City sells any portion of the property
conveyed under subsection (a) before the end of the 10-year
period beginning on the date of enactment of this Act, pay
to the United States an amount equal to the lesser of—
(1) the amount of sale of the property sold; or
(2) the fair market value of the property sold as
determined without taking into account any improve-
ments to such property by the City.
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(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 Sec-
retary 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. 2818. LAND CONVEYANCE, ELLSWORTH AIR FORCE
BASE, SOUTH DAKOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Air Force may convey, without consideration, to the Greater
Box Elder Area Economic Development Corporation, Box
Elder, South Dakota (in this section referred to as the ‘‘Cor-
poration’’), all right, title, and interest of the United States
in and to the parcels of real property located at Ellsworth
Air Force Base, South Dakota, referred to in subsection (b).
(b) COVERED PROPERTY.—(1) Subject to paragraph
(2), the real property referred to in subsection (a) is the
following:
(A) A parcel of real property, together with any
improvements thereon, consisting of approximately
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HR 1119 EAS
53.32 acres and comprising the Skyway Military
Family Housing Area.
(B) A parcel of real property, together with any
improvements thereon, consisting of approximately
137.56 acres and comprising the Renal Heights Mili-
tary Family Housing Area.
(C) A parcel of real property, together with any
improvements thereon, consisting of approximately
14.92 acres and comprising the East Nike Military
Family Housing Area.
(D) A parcel of real property, together with any
improvements thereon, consisting of approximately
14.69 acres and comprising the South Nike Military
Family Housing Area.
(E) A parcel of real property, together with any
improvements thereon, consisting of approximately
14.85 acres and comprising the West Nike Military
Family Housing Area.
(2) The real property referred to in subsection (a) does
not include the portion of the real property referred to in
paragraph (1)(B) that the Secretary determines to be re-
quired for the construction of an access road between the
main gate of Ellsworth Air Force Base and an interchange
on Interstate Route 90 located in the vicinity of mile mark-
er 67 in South Dakota.
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(c) CONDITIONS OF CONVEYANCE.—The conveyance of
the real property referred to in subsection (b) shall be sub-
ject to the following conditions:
(1) That the Corporation, and any person or en-
tity to which the Corporation transfers the property,
comply in the use of the property with the applicable
provisions of the Ellsworth Air Force Base Air Instal-
lation Compatible Use Zone Study.
(2) That the Corporation convey a portion of the
real property referred to in paragraph (1)(A) of that
subsection, together with any improvements thereon,
consisting of approximately 20 acres to the Douglas
School District, South Dakota, for use for education
purposes.
(d) REVERSIONARY INTEREST.—If the Secretary deter-
mines that any portion of the real property conveyed under
subsection (a) is not being utilized in accordance with the
applicable provision of subsection (c), all right, title, and
interest in and to that portion of the real property shall
revert to the United States, and the United States shall have
the right of immediate entry thereon.
(e) LEGAL DESCRIPTION.—The exact acreage and legal
description of the property conveyed under subsection (a)
shall be determined by a survey satisfactory to the Sec-
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retary. The cost of the survey shall be borne by the Corpora-
tion.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary 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. 2819. MODIFICATION OF LAND CONVEYANCE AUTHOR-
ITY, ROCKY MOUNTAIN ARSENAL, COLORADO.
Section 5(c)(1) of the Rocky Mountain Arsenal Na-
tional Wildlife Refuge Act of 1992 (Public Law 102–402;
106 Stat. 1966; 16 U.S.C. 668dd note) is amended by strik-
ing out the second sentence and inserting in lieu thereof
the following new sentence: ‘‘The Administrator shall con-
vey the transferred property to Commerce City, Colorado,
upon the approval of the City, for consideration equal to
the fair market value of the property (as determined jointly
by the Administrator and the City).’’.
SEC. 2820. LAND CONVEYANCE, ARMY RESERVE CENTER,
GREENSBORO, ALABAMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to Hale County,
Alabama, all right, title, and interest of the United States
in and to a parcel of real property consisting of approxi-
mately 5.17 acres and located at the Army Reserve Center,
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HR 1119 EAS
Greensboro, Alabama, that was conveyed by Hale County,
Alabama, to the United States by warranty deed dated Sep-
tember 12, 1988.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (a) shall be as described in the deed referred to in
that subsection.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2821. LAND CONVEYANCE, HANCOCK FIELD, SYRA-
CUSE, NEW YORK.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of
the Air Force may convey, without consideration, to Onon-
daga County, New York (in this section referred to as the
‘‘County’’), all right, title, and interest of the United States
in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 14.9 acres and
located at Hancock Field, Syracuse, New York, the site of
facilities no longer required for use by the 152nd Air Con-
trol Group of the New York Air National Guard.
(2) If at the time of the conveyance authorized by
paragraph (1) the property is under the jurisdiction of the
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Administrator of General Services, the Administrator shall
make the conveyance.
(b) CONDITION OF CONVEYANCE.—The conveyance au-
thorized by subsection (a) shall be subject to the condition
that the County use the property conveyed for economic de-
velopment purposes.
(c) REVERSION.—If the Secretary determines at any
time that the property conveyed pursuant to this section
is not being used for the purposes specified in subsection
(b), all right, title, and interest in and to the property, in-
cluding any improvements thereon, shall revert to the Unit-
ed States, and the United States shall have the right of im-
mediate entry thereon.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary 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.
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SEC. 2822. LAND CONVEYANCE, HAVRE AIR FORCE STATION,
MONTANA, AND HAVRE TRAINING SITE, MON-
TANA.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of
the Air Force may convey, without consideration, to the
Bear Paw Development Corporation, Havre, Montana (in
this section referred to as the ‘‘Corporation’’), all, right,
title, and interest of the United States in and to the real
property described in paragraph (2).
(2) The authority in paragraph (1) applies to the fol-
lowing real property:
(A) A parcel of real property, including any im-
provements thereon, consisting of approximately 85
acres and comprising the Havre Air Force Station,
Montana.
(B) A parcel of real property, including any im-
provements thereon, consisting of approximately 9
acres and comprising the Havre Training Site, Mon-
tana.
(b) CONDITIONS
OF CONVEYANCE.—The conveyance
authorized by subsection (a) shall be subject to the following
conditions:
(1) That the Corporation—
(A) convey to the Box Elder School District
13G, Montana, 10 single-family homes located on
the property to be conveyed under that subsection
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as jointly agreed upon by the Corporation and
the school district; and
(B) grant the school district access to the
property for purposes of removing the homes
from the property.
(2) That the Corporation—
(A) convey to the Hays/Lodgepole School
District 50, Montana—
(i) 27 single-family homes located on
the property to be conveyed under that sub-
section as jointly agreed upon by the Cor-
poration and the school district;
(ii) one barracks housing unit located
on the property;
(iii) two steel buildings (nos. 7 and 8)
located on the property;
(iv) two tin buildings (nos. 37 and 44)
located on the property; and
(v) miscellaneous personal property lo-
cated on the property that is associated
with the buildings conveyed under this sub-
paragraph; and
(B) grant the school district access to the
property for purposes of removing such homes
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and buildings, the housing unit, and such per-
sonal property from the property.
(3) That the Corporation—
(A) convey to the District 4 Human Re-
sources Development Council, Montana, eight
single-family homes located on the property to be
conveyed under that subsection as jointly agreed
upon by the Corporation and the council; and
(B) grant the council access to the property
for purposes of removing such homes from the
property.
(4) That any property conveyed under subsection
(a) that is not conveyed under this subsection be used
for economic development purposes or housing pur-
poses.
(c) REVERSION.—If the Secretary determines at any
time that the property conveyed pursuant to this section
which is covered by the condition specified in subsection
(b)(4) is not being used for the purposes specified in that
subsection, all right, title, and interest in and to such prop-
erty, including any improvements thereon, shall revert to
the United States, and the United States shall have the
right of immediate entry thereon.
(d) DESCRIPTION OF PROPERTY.—The exact acreages
and legal description of the parcels of property conveyed
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under subsection (a) shall be determined by surveys satis-
factory to the Secretary. The cost of the surveys shall be
borne by the Corporation.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary 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. 2823. LAND CONVEYANCE, FORT BRAGG, NORTH CARO-
LINA.
(a) CONVEYANCE AUTHORIZED.—Subject to the provi-
sions of this section and notwithstanding any other law,
the Secretary of the Army shall convey, without consider-
ation, by fee simple absolute deed to Harnett County, North
Carolina, all right, title, and interest of the United States
of America in and to two parcels of land containing a total
of 300 acres, more or less, located at Fort Bragg, North
Carolina, together with any improvements thereon, for edu-
cational and economic development purposes.
(b) TERMS AND CONDITIONS.—The conveyance by the
United States under this section shall be subject to the fol-
lowing conditions to protect the interests of the United
States, including—
(1) the County shall pay all costs associated with
the conveyance, authorized by this section, including
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but not limited to environmental analysis and docu-
mentation, survey costs and recording fees;
(2) notwithstanding the Comprehensive Environ-
mental Response, Compensation and Liability Act of
1980, as amended (42 U.S.C. 9601 et seq.) the Solid
Waste Disposal Act, as amended (42 U.S.C. 6901 et
seq.) or any other law, the County, and not the Unit-
ed States, shall be responsible for any environmental
restoration or remediation required on the property
conveyed and the United States shall be forever re-
leased and held harmless from any obligation to con-
duct such restoration or remediation and any claims
or causes of action stemming from such remediation.
(c) LEGAL DESCRIPTION OF REAL PROPERTY AND
PAYMENT OF COSTS.—The exact acreage and legal descrip-
tion of the real property described in subsection (a) shall
be determined by a survey, the costs of which the County
shall bear.
Subtitle C—Other Matters
SEC. 2831. DISPOSITION OF PROCEEDS OF SALE OF AIR
FORCE PLANT NO. 78, BRIGHAM CITY, UTAH.
Notwithstanding the provisions of section 204(h)(2)(A)
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 485(h)(2)(A)), the entire amount depos-
ited by the Administrator of General Services in the account
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in the Treasury under section 204 of that Act as a result
of the sale of Air Force Plant No. 78, Brigham City, Utah,
shall, to the extent provided in appropriations Acts, be
available to the Secretary of the Air Force for maintenance
and repair of facilities, or environmental restoration, at
other industrial plants of the Air Force.
SEC. 2832. REPORT ON CLOSURE AND REALIGNMENT OF
MILITARY BASES.
(a) REPORT.—The Secretary of Defense shall prepare
and submit to the congressional defense committees a report
on the costs and savings attributable to the base closure
rounds before 1996 and on the need, if any, for additional
base closure rounds.
(b) ELEMENTS.—The report under subsection (a) shall
include the following:
(1) A statement, using data consistent with
budget data, of the actual costs and savings (in the
case of prior fiscal years) and the estimated costs and
savings (in the case of future fiscal years) attributable
to the closure and realignment of military installa-
tions as a result of the base closure rounds before
1996, set forth by Armed Force, type of facility, and
fiscal year, including—
(A) operation and maintenance costs, in-
cluding costs associated with expanded oper-
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ations and support, maintenance of property,
administrative support, and allowances for hous-
ing at installations to which functions are trans-
ferred as a result of the closure or realignment
of other installations;
(B) military construction costs, including
costs associated with rehabilitating, expanding,
and constructing facilities to receive personnel
and equipment that are transferred to installa-
tions as a result of the closure or realignment of
other installations;
(C) environmental cleanup costs, including
costs associated with assessments and restoration;
(D) economic assistance costs, including—
(i) expenditures on Department of De-
fense demonstration projects relating to eco-
nomic assistance;
(ii) expenditures by the Office of Eco-
nomic Adjustment; and
(iii) to the extent available, expendi-
tures by the Economic Development Admin-
istration, the Federal Aviation Administra-
tion, and the Department of Labor relating
to economic assistance;
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(E) 
unemployment 
compensation 
costs,
early retirement benefits (including benefits paid
under section 5597 of title 5, United States
Code), and worker retraining expenses under the
Priority Placement Program, the Job Training
Partnership Act, and any other Federally-funded
job training program;
(F) costs associated with military health
care;
(G) savings attributable to changes in mili-
tary force structure; and
(H) savings due to lower support costs with
respect to installations that are closed or re-
aligned.
(2) A comparison, set forth by base closure
round, of the actual costs and savings stated under
paragraph (1) to the annual estimates of costs and
savings previously submitted to Congress.
(3) A list of each military installation at which
there is authorized to be employed 300 or more civil-
ian personnel, set forth by Armed Force.
(4) An estimate of current excess capacity at
military installations, set forth—
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(A) as a percentage of the total capacity of
the installations of the Armed Forces with re-
spect to all installations of the Armed Forces;
(B) as a percentage of the total capacity of
the installations of each Armed Force with re-
spect to the installations of such Armed Force;
and
(C) as a percentage of the total capacity of
a type of installation with respect to installa-
tions of such type.
(5) The types of facilities that would be rec-
ommended for closure or realignment in the event of
an additional base closure round, set forth by Armed
Force.
(6) The criteria to be used by the Secretary in
evaluating installations for closure or realignment in
such event.
(7) The methodologies to be used by the Secretary
in identifying installations for closure or realignment
in such event.
(8) An estimate of the costs and savings to be
achieved as a result of the closure or realignment of
installations in such event, set forth by Armed Force
and by year.
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(9) An assessment whether the costs of the closure
or realignment of installations in such event are con-
tained in the current Future Years Defense Plan, and,
if not, whether the Secretary will recommend modi-
fications in future defense spending in order to ac-
commodate such costs.
(c) DEADLINE.—The Secretary shall submit the report
under subsection (a) not later than the date on which the
President submits to Congress the budget for fiscal year
2000 under section 1105(a) of title 31, United States Code.
(d) REVIEW.—The Congressional Budget Office and
the Comptroller General shall conduct a review of the report
prepared under subsection (a).
(e) PROHIBITION ON USE OF FUNDS.—No funds au-
thorized to be appropriated or otherwise made available to
the Department of Defense by this Act or any other Act
may be used for any activities of the Defense Base Closure
and Realignment Commission established by section
2902(a) of 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) until the later of—
(1) the date on which the Secretary submits the
report required by subsection (a); or
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(2) the date on which the Congressional Budget
Office and the Comptroller General complete a review
of the report under subsection (d).
(f) SENSE OF SENATE.—It is the sense of the Senate
that—
(1) the Secretary should develop a system having
the capacity to quantify the actual costs and savings
attributable to the closure and realignment of mili-
tary installations pursuant to the base closure proc-
ess; and
(2) the Secretary should develop the system in
expedient fashion, so that the system may be used to
quantify costs and savings attributable to the 1995
base closure round.
SEC. 2833. SENSE OF SENATE ON UTILIZATION OF SAVINGS
DERIVED FROM BASE CLOSURE PROCESS.
(a) FINDINGS.—Congress makes the following findings:
(1) Since 1988, the Department of Defense has
conducted 4 rounds of closures and realignments of
military installations in the United States, resulting
in the closure of 97 installations.
(2) The cost of carrying out the closure or re-
alignment of installations covered by such rounds is
estimated by the Secretary of Defense to be
$23,000,000,000.
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(3) The savings expected as a result of the closure
or realignment of such installations are estimated by
the Secretary to be $10,300,000,000 through fiscal
year 1996 and $36,600,000,000 through 2001.
(4) In addition to such savings, the Secretary
has estimated recurring savings as a result of the clo-
sure or realignment of such installations of approxi-
mately $5,600,000,000 annually.
(5) The fiscal year 1997 budget request for the
Department 
assumes 
a 
savings 
of 
between
$2,000,000,000 and $3,000,000,000 as a result of the
closure or realignment of such installations, which
savings were to be dedicated to modernization of the
Armed Forces. The savings assumed in the budget re-
quest were not realized.
(6) The fiscal year 1998 budget request for the
Department assumes a savings of $5,000,000,000 as a
result of the closure or realignment of such installa-
tions, which savings are to be dedicated to moderniza-
tion of the Armed Forces.
(b) SENSE OF SENATE ON USE OF SAVINGS RESULT-
ING FROM BASE CLOSURE PROCESS.—It is the sense of the
Senate that the savings identified in the report under sec-
tion 2832 should be made available to the Department of
Defense solely for purposes of modernization of new weapon
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systems (including research, development, test, and evalua-
tion relating to such modernization) and should be used by
the Department solely for such purposes.
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 au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for stockpile stewardship in carrying
out weapons activities necessary for national security pro-
grams in the amount of $1,726,900,000, to be allocated as
follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,243,100,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$1,144,290,000.
(B) For the accelerated strategic computing
initiative, $190,800,000.
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(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),
$98,810,000, to be allocated as follows:
Project 97–D–102, Dual-Axis Radio-
graphic Hydrodynamic facility, Los Alamos
National Laboratory, Los Alamos, New
Mexico, $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 
confinement 
fusion,
$414,800,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$217,000,000.
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(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, modification of facilities,
and land acquisition related thereto):
Project 96–D–111, National Ignition
Facility, Lawrence Livermore National
Laboratory, 
Livermore, 
California,
$197,800,000.
(3) For technology transfer and education,
$69,000,000.
(b) STOCKPILE MANAGEMENT.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for stockpile management in carrying
out weapons activities necessary for national security pro-
grams in the amount of $2,033,050,000, to be allocated as
follows:
(1) 
For 
operation 
and 
maintenance,
$1,861,465,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed thereto), $171,585,000, to be allocated as follows:
Project 98–D–123, stockpile management
restructuring initiative, tritium facility mod-
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ernization and consolidation, Savannah River
Site, Aiken, South Carolina, $11,000,000.
Project 98–D–124, stockpile management
restructuring initiative, Y–12 consolidation, Oak
Ridge, Tennessee, $6,450,000.
Project 98–D–125, Tritium Extraction Fa-
cility, 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 quality
upgrade, 
Pantex 
Plant, 
Amarillo, 
Texas,
$6,900,000.
Project 96–D–123, retrofit heating, ventila-
tion, and air conditioning and chillers for ozone
protection, Y–12 Plant, Oak Ridge, Tennessee,
$2,700,000.
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Project 95–D–102, Chemical and Metal-
lurgy Research Building upgrades project, Los
Alamos National Laboratory, Los Alamos, New
Mexico, $15,700,000.
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, Kan-
sas 
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 notifi-
cation systems, 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 author-
ized 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 $268,500,000.
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SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) ENVIRONMENTAL RESTORATION.—Funds are here-
by authorized to be appropriated to the Department of En-
ergy for fiscal year 1998 for environmental restoration in
carrying out environmental restoration and waste manage-
ment activities necessary for national security programs in
the amount of $1,741,373,000.
(b) WASTE MANAGEMENT.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1998 for waste management in carrying out en-
vironmental restoration and waste management activities
necessary for national security programs in the amount of
$1,559,644,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,478,876,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed 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.
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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, Carls-
bad, 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.
Project 94–D–404, Melton Valley storage
tank capacity increase, Oak Ridge National Lab-
oratory, 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 removal
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.
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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.
(c) 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 ac-
tivities necessary for national security programs in the
amount of $237,881,000.
(d) NUCLEAR MATERIAL AND FACILITY STABILIZA-
TION.—Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for nuclear
material and facility stabilization in carrying out environ-
mental restoration and waste management activities nec-
essary for national security programs in the amount of
$1,266,021,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,181,114,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
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authorized in prior years, and land acquisition relat-
ed 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 and Environmental
Laboratory, Idaho, $500,000.
Project 97–D–450, actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $18,000,000.
Project 97–D–451, B-Plant safety class ven-
tilation 
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 can-
ister storage and stabilization facility, Richland,
Washington, $16,744,000.
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Project 96–D–461, electrical distribution
upgrade, Idaho National Engineering and Envi-
ronmental Laboratory, Idaho, $2,927,000.
Project 96–D–464, electrical and utility sys-
tems upgrade, Idaho Chemical Processing Plant,
Idaho National Engineering and Environmental
Laboratory, Idaho, $14,985,000.
Project 96–D–471, chlorofluorocarbon heat-
ing, ventilation, and air conditioning and chiller
retrofit, Savannah River Site, Aiken, South
Carolina, $8,500,000.
Project 95–D–155, upgrade site road infra-
structure, Savannah River Site, Aiken, South
Carolina, $2,713,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering and Environmental
Laboratory, Idaho, $602,000.
(e) POLICY AND MANAGEMENT.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for policy and management in carrying
out environmental restoration and waste management ac-
tivities necessary for national security programs in the
amount of $18,104,000.
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(f) ENVIRONMENTAL MANAGEMENT SCIENCE PRO-
GRAM.—Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for environ-
mental science and risk policy in carrying out environ-
mental restoration and waste management activities nec-
essary for national security programs in the amount of
$40,000,000.
(g) PROGRAM DIRECTION.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1998 for program direction in carrying out envi-
ronmental restoration and waste management activities
necessary for national security programs in the amount of
$373,251,000.
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 $1,582,981,000, to be allocated
as follows:
(1) For verification and control technology,
$458,200,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $210,000,000.
(B) For arms control, $214,600,000.
(C) For intelligence, $33,600,000.
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(2) 
For 
nuclear 
safeguards 
and 
security,
$47,200,000.
(3) For security investigations, $20,000,000.
(4) For emergency management, $27,700,000.
(5) For program direction, nonproliferation, and
national security, $84,900,000.
(6) For environment, safety and health, defense,
$54,000,000.
(7) For worker and community transition assist-
ance:
(A) For assistance, $65,800,000.
(B) For program direction, $4,700,000.
(8) For fissile materials disposition:
(A) 
For 
operation 
and 
maintenance,
$99,451,000.
(B) For program direction, $4,345,000.
(9) 
For 
naval 
reactors 
development,
$683,000,000, to be allocated as follows:
(A) For program direction, $20,080,000.
(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),
$14,000,000, to be allocated as follows:
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Project 98–D–200, site laboratory/facil-
ity upgrade, various locations, $5,700,000.
Project 97–D–201, advanced test reac-
tor secondary coolant system refurbishment,
Idaho National Engineering and Environ-
mental Laboratory, Idaho, $4,100,000.
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$1,100,000.
Project 90–N–102, expended core facil-
ity dry cell project, Naval Reactors Facility,
Idaho, $3,100,000.
(10) For the Chernobyl shutdown initiative,
$2,000,000.
(11) For nuclear technology research and devel-
opment, $25,000,000.
(12) For nuclear security, $4,000,000.
(13) For the Office of Hearings and Appeals,
$2,685,000.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-
VATIZATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1998 to carry out en-
vironmental management privatization projects in connec-
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tion with national security programs in the amount of
$274,700,000, to be allocated as follows:
Project 98–PVT–1, contact handled transuranic
waste 
transportation, 
Carlsbad, 
New 
Mexico,
$21,000,000.
Project 98–PVT–4, spent nuclear fuel dry stor-
age, Idaho Falls, Idaho, $27,000,000.
Project 98–PVT–7, waste pits remedial action,
Fernald, Ohio, $25,000,000.
Project 98–PVT–11, spent nuclear fuel transfer
and storage, Savannah River, South Carolina,
$25,000,000.
Project 98–PVT–l, waste disposal, Oak Ridge,
Tennessee, $5,000,000.
Project 98–PVT–l, Ohio silo 3 waste treatment,
Fernald, Ohio, $6,700,000.
Project 97–PVT–1, tank waste remediation sys-
tem phase 1, Hanford, Washington, $157,000,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department 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.
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Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy sub-
mits to the congressional defense committees the report re-
ferred to in subsection (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 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 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 cir-
cumstances relied upon in support of such proposed action.
(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain.
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(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 de-
nied 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 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 of the
project exceeds $5,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense com-
mittees 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 sections 3101, 3102, or 3103, or which is in
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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 justifica-
tion 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 ac-
tions and the circumstances making such action nec-
essary; and
(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.
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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 time period as the authorizations of the
Federal agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT
OF ENERGY;
LIMITATIONS.—(1) Subject to paragraph (2), the Secretary
of Energy may transfer funds authorized to be appropriated
to the Department of Energy pursuant 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 time period as the author-
ization to which the amounts are transferred.
(2) Not more than five percent of any such authoriza-
tion may be transferred between authorizations under para-
graph (1). No such authorization may be increased or de-
creased by more than five percent by a transfer under such
paragraph.
(3) The authority provided by this subsection to trans-
fer authorizations may only be used to provide funds for
items relating to activities necessary for national security
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programs that have a higher priority than the items from
which the funds are transferred.
(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
OF CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
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 Sec-
retary of Energy shall complete a conceptual design report
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
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(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY
FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by the title, the Secretary
of Energy may carry out construction design (including ar-
chitectural and engineering 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 connection with any construction project exceeds
$600,000, funds for such design must be specifically author-
ized 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, or 3103, to per-
form planning, design, and construction activities for any
Department of Energy national security program construc-
tion project that, as determined by the Secretary, must pro-
ceed expeditiously in order to protect public health and safe-
ty, to meet the needs of national defense, or to protect prop-
erty.
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(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of any construc-
tion project until the Secretary has submitted to the con-
gressional 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 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 SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation 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 con-
nection with all national security programs of the Depart-
ment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
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Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-
VATIZATION PROJECTS.
(a) LIMITATION ON CONTRACTS.—Funds authorized to
be appropriated by section 3104 for a project referred to
in that section are available for a contract under the project
only if the contract—
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or ac-
quire any equipment or facilities required to carry
out the contract before the commencement of the pro-
vision of goods or services under the contract;
(3) requires the contractor to bear any of the
costs of the design, construction, acquisition, and op-
eration of such equipment or facilities that arise be-
fore the commencement of the provision of goods or
services under the contract; and
(4) provides for payment to the contractor under
the contract only upon the meeting of performance ob-
jectives specified in the contract.
(b) NOTICE AND WAIT.—The Secretary of Energy may
not enter into a contract or option to enter into a contract,
or otherwise incur any contractual obligation, under a
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project authorized by section 3104 until 30 days after the
date which the Secretary submits to the congressional de-
fense committees a report with respect to the contract. The
report shall set forth—
(1) the anticipated costs and fees of the Depart-
ment under the contract, including the anticipated
maximum amount of such costs and fees;
(2) any performance objectives specified in the
contract;
(3) the anticipated dates of commencement and
completion of the provision of goods or services under
the contract;
(4) the allocation between the Department and
the contractor of any financial, regulatory, or envi-
ronmental obligations under the contract;
(5) any activities planned or anticipated to be
required with respect to the project after completion
of the contract;
(6) the site services or other support to be pro-
vided the contractor by the Department under the
contract;
(7) the goods or services to be provided by the
Department or contractor under the contract, includ-
ing any additional obligations to be borne by the De-
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partment or contractor with respect to such goods or
services;
(8) the schedule for the contract;
(9) the costs the Department would otherwise
have incurred in obtaining the goods or services cov-
ered by the contract if the Department had not pro-
posed to obtain the goods or services under this sec-
tion;
(10) an estimate and justification of the cost sav-
ings, if any, to be realized through the contract, in-
cluding the assumptions underlying the estimate;
(11) the effect of the contract on any ancillary
schedules applicable to the facility concerned, includ-
ing milestones in site compliance agreements; and
(12) the plans for maintaining financial and
programmatic accountability for activities under the
contract.
(c) COST VARIATIONS.—(1) The Secretary may not
enter into a contract under a project referred to in para-
graph (2), or incur additional obligations 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.
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(2) Paragraph (1) applies to an environmental man-
agement privatization project that is—
(A) authorized by section 3104; or
(B) carried out under section 3103 of the Na-
tional Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 110 Stat. 2824).
(d) USE
OF FUNDS
FOR TERMINATION
OF CON-
TRACT.—Not less than 15 days before the Secretary obli-
gates funds available for a project authorized by section
3104 to terminate the contract or contracts under the
project, 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.—Not later than
February 28 of each year, the Secretary shall submit to the
congressional defense committees a report on the activities,
if any, carried out under each contract under a project au-
thorized by section 3104 during the preceding year. The re-
port shall include an update with respect to each such con-
tract of the matters specified under subsection (b)(1) as of
the date of the report.
(f) REPORT ON CONTRACTING WITHOUT SUFFICIENT
APPROPRIATIONS.—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,
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and under what circumstances, the Secretary could enter
into contracts under defense environmental management
privatization projects in the absence of sufficient appro-
priations to meet obligations under such contracts without
thereby violating the provisions of section 1341 of title 31,
United States Code.
SEC. 
3132. 
INTERNATIONAL 
COOPERATIVE 
STOCKPILE
STEWARDSHIP PROGRAMS.
(a) FUNDING PROHIBITION.—No funds authorized to
be appropriated or otherwise available to the Department
of Energy for fiscal year 1998 may be obligated or expended
to conduct any activities associated with international co-
operative 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.
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SEC. 3133. MODERNIZATION OF ENDURING NUCLEAR WEAP-
ONS COMPLEX.
(a) FUNDING.—Subject to subsection (b), of the funds
authorized to be appropriated to the Department of Energy
pursuant to section 3101, $15,000,000 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 de-
fense committees a report setting forth the proposed alloca-
tion among specific Department of Energy sites of the funds
available under subsection (a).
SEC. 3134. TRITIUM PRODUCTION.
(a) FUNDING.—Subject to subsection (c), of the funds
authorized to be appropriated to the Department of Energy
pursuant to section 3101, $262,000,000 shall be available
for activities related to tritium production.
(b) ACCELERATION
OF TRITIUM PRODUCTION.—(1)
Not later than June 30, 1998, the Secretary of Energy shall
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make a final decision on the technologies to be utilized, and
the accelerated schedule to be adopted, for tritium produc-
tion in order to meet the requirements in the Nuclear Weap-
ons 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 Memoran-
dum, including, in particular, the requirements for
the so-called ‘‘upload hedge’’ component of the nuclear
weapons stockpile.
(B) The ongoing 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, includ-
ing—
(i) regulatory and other barriers that might
prevent the production of tritium using the tech-
nology by the production date referred to in sub-
section (a);
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(ii) potential difficulties, if any, in licens-
ing the technology;
(iii) the variability, if any, in tritium pro-
duction rates using the technology; and
(iv) any other benefits (including scientific
or research benefits or the generation of revenue)
associated with the technology.
(c) REPORT.—If the Secretary determines that it is not
possible to make the final decision by the date specified in
subsection (b), the Secretary shall submit to the congres-
sional defense committees on that date a report that ex-
plains in detail why the final decision cannot be made by
that date.
(d) LIMITATION ON AVAILABILITY OF FUNDS.—The
Secretary may not obligate or expend any funds authorized
to be appropriated or otherwise made available for the De-
partment of Energy by this Act for the purpose of evaluat-
ing or utilizing any technology for the production of tritium
other than a commercial light water reactor or an accelera-
tor until the later of—
(1) July 30, 1998; or
(2) the date that is 30 days after the date on
which the Secretary makes a final decision under sub-
section (b).
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SEC. 3135. PROCESSING, TREATMENT, AND DISPOSITION OF
SPENT NUCLEAR FUEL RODS AND OTHER
LEGACY NUCLEAR MATERIALS AT THE SAVAN-
NAH RIVER SITE.
(a) FUNDING.—Of the funds authorized to be appro-
priated pursuant to section 3102(d), 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, re-
duction, deactivation, stabilization, isolation, and interim
storage of high level nuclear waste associated with Depart-
ment 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 op-
erate and maintain such facilities at that state of readiness.
SEC. 3136. LIMITATIONS ON USE OF FUNDS FOR LABORA-
TORY DIRECTED RESEARCH AND DEVELOP-
MENT PURPOSES.
(a) GENERAL LIMITATIONS.—(1) No funds authorized
to be appropriated or otherwise made available to the De-
partment of Energy in any fiscal year after fiscal year 1997
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for weapons activities may be obligated or expended for ac-
tivities under the Department of Energy Laboratory Di-
rected Research and Development Program, or under any
Department of Energy technology transfer program or coop-
erative research and development agreement, unless such ac-
tivities under such program or agreement support the na-
tional security mission of the Department of Energy.
(2) No funds authorized to be appropriated or other-
wise made available to the Department of Energy in any
fiscal year after fiscal year 1997 for environmental restora-
tion, waste management, or nuclear materials and facilities
stabilization may be obligated or expended for activities
under the Department of Energy Laboratory Directed Re-
search and Development Program, or under any Depart-
ment of Energy technology transfer program or cooperative
research and development agreement, unless such activities
support the environmental restoration mission, waste man-
agement mission, or materials stabilization mission, as the
case may be, of the Department of Energy.
(b) LIMITATION IN FISCAL YEAR 1998 PENDING SUB-
MITTAL 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
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until the Secretary of Energy submits to the congressional
defense committees the report required by section 3136(b)
of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2831; 42 U.S.C.
7257b) in 1998.
(c) SUBMITTAL DATE FOR ANNUAL REPORT ON LAB-
ORATORY DIRECTED RESEARCH AND DEVELOPMENT PRO-
GRAM.—Section 3136(b)(1) of the National Defense Author-
ization Act for Fiscal Year 1997 (42 U.S.C. 7257b(1)) is
amended by striking out ‘‘The Secretary of Energy shall
annually submit’’ and inserting in lieu thereof ‘‘Not later
than February 1 each year, the Secretary of Energy shall
submit’’.
(d) ASSESSMENT OF FUNDING LEVEL FOR LABORA-
TORY DIRECTED RESEARCH
AND DEVELOPMENT.—The
Secretary shall include in the report submitted under such
section 3136(b)(1) in 1998 an assessment of the funding re-
quired to carry out laboratory directed research and devel-
opment, including a recommendation for the percentage of
the funds provided to Government-owned, contractor-oper-
ated laboratories for national security activities that should
be made available for such research and development under
section 3132(c) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1832;
42 U.S.C. 7257a(c)).
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(e) DEFINITION.—In this section, the term ‘‘laboratory
directed research and development’’ has the meaning given
that term in section 3132(d) of the National Defense Au-
thorization Act for Fiscal Year 1991 (42 U.S.C. 7257a(d)).
SEC. 3137. PERMANENT AUTHORITY FOR TRANSFERS OF
DEFENSE 
ENVIRONMENTAL 
MANAGEMENT
FUNDS.
(a) PERMANENT AUTHORITY.—Section 3139 of the Na-
tional Defense Authorization Act for Fiscal Year 1997 (Pub-
lic Law 104–201; 110 Stat. 2832) is amended—
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection
(g).
(b) EXEMPTION
FROM REPROGRAMMING REQUIRE-
MENTS.—Subsection (c) of that section is amended by strik-
ing out ‘‘The requirements of section 3121’’ and inserting
in lieu thereof ‘‘No recurring limitation on reprogramming
of Department of Energy funds contained in an annual au-
thorization Act for national defense’’.
(c) DEFINITIONS.—Subsection (f)(1) of that section is
amended by striking out ‘‘any of the following:’’ and all
that follows and inserting in lieu thereof ‘‘any program or
project of the Department of Energy relating to environ-
mental restoration and waste management activities nec-
essary for national security programs of the Department.’’.
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(d) REPORT.—Subsection (g) of that section, as redes-
ignated by subsection (a)(2), is amended—
(1) by striking out ‘‘September 1, 1997,’’ and in-
serting in lieu thereof ‘‘November 1 each year’’;
(2) by inserting ‘‘during the preceding fiscal
year’’ after ‘‘in subsection (b)’’; and
(3) by striking out the second sentence.
(e) CONFORMING AMENDMENT.—The section heading
of that section is amended by striking out ‘‘TEMPORARY
AUTHORITY RELATING TO’’ and inserting in lieu thereof
‘‘AUTHORITY FOR’’.
SEC. 3138. REPORT ON REMEDIATION UNDER THE FOR-
MERLY UTILIZED SITES REMEDIAL ACTION
PROGRAM.
Not later than March 1, 1998, the Secretary of Energy
shall submit to Congress a report containing the following
information regarding the Formerly Utilized Sites Reme-
dial Action Program:
(1) How many Formerly Utilized Sites remain
to be remediated, what portions of these remaining
sites have completed remediation (including any off-
site contamination), what portions of the sites remain
to be remediated (including any offsite contamina-
tion), what types of contaminants are present at each
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site, and what are the projected timeframes for com-
pleting remediation at each site?
(2) What is the cost of the remaining response
actions necessary to address actual or threatened re-
leases of hazardous substances at each Formerly Uti-
lized Site, including any contamination that is
present beyond the perimeter of the facilities?
(3) For each site, how much it will cost to reme-
diate the radioactive contamination, and how much
will it cost to remediate the non-radioactive contami-
nation?
(4) How many sites potentially involve private
parties that could be held responsible for remediation
costs, including remediation costs related to offsite
contamination?
(5) What type of agreements under the Formerly
Utilized Sites Remedial Action Program have been
entered into with private parties to resolve the level
of liability for remediation costs at these facilities,
and to what extent have these agreements been tied to
a distinction between radioactive and non-radioactive
contamination present at these sites?
(6) What efforts have been undertaken by the De-
partment to ensure that the settlement agreements en-
tered into with private parties to resolve liability for
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remediation costs at these facilities have been consist-
ent on a program wide basis?
SEC. 3139. TRITIUM PRODUCTION IN COMMERCIAL FACILI-
TIES.
Section 91 of the Atomic Energy Act of 1954 (42
U.S.C. 2121) is amended by adding at the end the following:
‘‘(d) The Secretary may—
‘‘(A) demonstrate the feasibility of, and
‘‘(B)(i) acquire facilities by lease or purchase, or
‘‘(ii) enter into an agreement with an owner or
operator of a facility, for
the production of tritium for defense-related uses in a facil-
ity licensed under section 103 of this Act.’’.
SEC. 3140. PILOT PROGRAM RELATING TO USE OF PRO-
CEEDS OF DISPOSAL OR UTILIZATION OF
CERTAIN DEPARTMENT OF ENERGY ASSETS.
(a) PURPOSE.—The purpose of this section is encour-
age the Secretary of Energy to dispose of or otherwise utilize
certain assets of the Department of Energy by making
available to the Secretary the proceeds of such disposal or
utilization for purposes of activities funded by the defense
Environmental Restoration and Waste Management ac-
count.
(b) CREDITING OF PROCEEDS.—(1) Notwithstanding
section 3302 of title 31, United States Code, the Secretary
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may retain from the proceeds of the sale, lease, or disposal
of an asset under subsection (c) an amount equal to the
cost of the sale, lease, or disposal of the asset. The Secretary
shall utilize amounts retained under this paragraph to de-
fray the cost of the sale, lease, or disposal.
(2) For purposes of paragraph (1), the cost of a sale,
lease, or disposal shall include—
(A) the cost of administering the sale, lease, or
disposal;
(B) the cost of recovering or preparing the asset
concerned for the sale, lease, or disposal; and
(C) any other cost associated with the sale, lease,
or disposal.
(3) If after amounts from proceeds are retained under
paragraph (1) a balance of the proceeds remains, the Sec-
retary shall—
(A) credit to the defense Environmental Restora-
tion and Waste Management account an amount
equal to 50 percent of the balance of the proceeds; and
(B) cover over into the Treasury as miscellane-
ous receipts an amount equal to 50 percent of the bal-
ance of the proceeds.
(c) COVERED TRANSACTIONS.—Subsection (b) applies
to the following transactions:
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(1) The sale of heavy water at the Savannah
River Site, South Carolina.
(2) The sale of precious metals under the juris-
diction of the Environmental Management Program.
(3) The lease of buildings and other facilities lo-
cated at the Hanford Reservation, Washington and
under the jurisdiction of the Environmental Manage-
ment Program.
(4) The lease of buildings and other facilities lo-
cated at the Savannah River Site and under the ju-
risdiction of the Environmental Management Pro-
gram.
(5) The disposal of equipment and other personal
property located at the Rocky Flats Environmental
Technology Site, Colorado and under the jurisdiction
of the Environmental Management Program.
(6) The disposal of materials at the National
Electronics Recycling Center, Oak Ridge, Tennessee
and under the jurisdiction of the Environmental
Management Program.
(d) AVAILABILITY OF AMOUNTS.—To the extent pro-
vided in advance in appropriations Acts, the Secretary may
use amounts credited to the defense Environmental Restora-
tion and Waste Management account under subsection
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(b)(3)(A) for any purposes for which funds in that account
are available.
(e) APPLICABILITY OF DISPOSAL AUTHORITY.—Noth-
ing in this section shall be construed to limit the applica-
tion of sections 202 and 203(j) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483 and
484(j)) to the disposal of equipment and other personal
property covered by this section.
(f) ANNUAL REPORT.—Not later than January 31 each
year, the Secretary shall submit to the congressional defense
committees a report on the amounts credited by the Sec-
retary under subsection (b)(3)(A) during the preceding fis-
cal year.
Subtitle D—Other Matters
SEC. 3151. ADMINISTRATION OF CERTAIN DEPARTMENT OF
ENERGY ACTIVITIES.
(a) PROCEDURES FOR PRESCRIBING REGULATIONS.—
Section 501 of the Department of Energy Organization Act
(42 U.S.C. 7191) is amended—
(1) by striking out subsections (b) and (d);
(2) by redesignating subsections (c), (e), (f), and
(g) as subsections (b), (c), (d), and (e), respectively;
and
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(3) in subsection (c), as so redesignated, by strik-
ing out ‘‘subsections (b), (c), and (d)’’ and inserting
in lieu thereof ‘‘subsection (b)’’.
(b) ADVISORY COMMITTEES.—(1) Section 624 of the
Department of Energy Organization Act (42 U.S.C. 7234)
is amended—
(A) by striking out ‘‘(a)’’; and
(B) by striking out subsection (b).
(2) Section 17 of the Federal Energy Administration
Act of 1974 (15 U.S.C. 776) is repealed.
SEC. 3152. MODIFICATION AND EXTENSION OF AUTHORITY
RELATING TO APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.
(a) REPEAL OF REQUIREMENT FOR EPA STUDY.—
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) by redesignating subsection (d) as subsection
(c).
(b) EXTENSION OF AUTHORITY.—Paragraph (1) of
subsection (c) of such section, as so redesignated, is amended
by striking out ‘‘September 30, 1997’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
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SEC. 3153. ANNUAL REPORT ON PLAN AND PROGRAM FOR
STEWARDSHIP, MANAGEMENT, AND CERTIFI-
CATION OF WARHEADS IN THE NUCLEAR
WEAPONS STOCKPILE.
(a) IN GENERAL.—(1) Not later than March 15, 1998,
the Secretary of Energy shall submit to the congressional
defense committees a plan and program for maintaining
the warheads in the nuclear weapons stockpile (including
stockpile stewardship, stockpile management, and program
direction).
(2) Not later than March 15 of each year after 1998,
the Secretary shall submit to the congressional defense com-
mittees an update of the plan and program submitted under
paragraph (1) current as of the date of submittal of the
updated plan and program.
(3) The plan and program, and each update of the
plan and program, shall be consistent with the pro-
grammatic and technical requirements of the Nuclear
Weapons Stockpile Memorandum current as of the date of
submittal of the plan and program or update.
(b) ELEMENTS.—The plan and program, and each up-
date of the plan and program, shall set forth the following:
(1) The numbers of warheads (including active
and inactive warheads) for each type of warhead in
the nuclear stockpile.
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(2) The current age of each warhead type and
any plans for stockpile life extensions and modifica-
tions or replacement of each warhead type.
(3) The process by which the Secretary is assess-
ing the lifetime and requirements for life extension or
replacement of the nuclear and non-nuclear compo-
nents of the warheads (including active and inactive
warheads) in the nuclear stockpile.
(4) The process used in recertifying the safety,
reliability, and performance of each warhead type
(including active and inactive warheads) in the nu-
clear weapons stockpile.
(5) Any concerns which would affect the recertifi-
cation of the safety, security, or reliability of war-
heads (including active and inactive warheads) in the
nuclear stockpile.
(c) FORM.—The Secretary shall submit the plan and
program, and each update of the plan and program, in un-
classified form, but may include a classified annex.
SEC. 3154. SUBMITTAL OF BIENNIAL WASTE MANAGEMENT
REPORTS.
Section 3153(b)(2)(B) of the National Defense Author-
ization Act for Fiscal Year 1994 (42 U.S.C. 7274k(b)(2)(B))
is amended by striking out ‘‘odd-numbered year after 1995’’
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and inserting in lieu thereof ‘‘odd-numbered year after
1997’’.
SEC. 3155. REPEAL OF OBSOLETE REPORTING REQUIRE-
MENTS.
(a) ANNUAL REPORT ON ACTIVITIES OF THE ATOMIC
ENERGY COMMISSION.—(1) Section 251 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2016) is repealed.
(2) The table of sections at the beginning of that Act
is amended by striking out the item relating to section 251.
(b) ANNUAL REPORT ON WEAPONS ACTIVITIES BUDG-
ETS.—Section 3156 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.
2841; 42 U.S.C. 7271c) is repealed.
(c) ANNUAL UPDATE OF MASTER PLAN FOR NUCLEAR
WEAPONS STOCKPILE.—Section 3153 of the National De-
fense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 624; 42 U.S.C. 2121 note) is repealed.
(d) ANNUAL REPORT ON WEAPONS ACTIVITIES BUDG-
ETS.—Section 3159 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
626; 42 U.S.C. 7271b note) is repealed.
(e) ANNUAL REPORT ON STOCKPILE STEWARDSHIP
PROGRAM.—Section 3138 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–160; 107
Stat. 1946; 42 U.S.C. 2121 note) is amended—
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(1) by striking out subsections (d) and (e);
(2) by redesignating subsections (f), (g), and (h)
as subsections (d), (e), and (f), respectively; and
(3) in subsection (e), as so redesignated, by strik-
ing out ‘‘and the 60-day period referred to in sub-
section (e)(2)(A)(ii)’’.
(f) ANNUAL REPORT ON DEVELOPMENT OF TRITIUM
PRODUCTION CAPACITY.—Section 3134 of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2639) is repealed.
(g) ANNUAL REPORT ON RESEARCH RELATING TO DE-
FENSE WASTE CLEANUP TECHNOLOGY PROGRAM.—Section
3141 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1679;
42 U.S.C. 7274a) is amended—
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
(h) QUARTERLY REPORT ON MAJOR DOE NATIONAL
SECURITY PROGRAMS.—Section 3143 of the National De-
fense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1681; 42 U.S.C. 7271a)
is repealed.
(i) ANNUAL REPORT ON NUCLEAR TEST BAN READI-
NESS PROGRAM.—Section 1436 of the National Defense Au-
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thorization Act, Fiscal Year 1989 (Public Law 100–456;
102 Stat. 2075; 42 U.S.C. 2121 note) is amended by strik-
ing out subsection (e).
SEC. 3156. COMMISSION ON SAFEGUARDING AND SECURITY
OF NUCLEAR WEAPONS AND MATERIALS AT
DEPARTMENT OF ENERGY FACILITIES.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the Commission on Safeguards
and Security at Department of Energy Facilities (in this
section referred to as the ‘‘Commission’’).
(b) ORGANIZATIONAL MATTERS.—(1)(A) The Commis-
sion shall be composed of eight members appointed from
among individuals in the public and private sectors who
have significant experience in matters relating to the safe-
guarding and security of nuclear weapons and materials,
as follows:
(i) Two shall be appointed by the chairman of
the Committee on Armed Services of the Senate, in
consultation with the ranking member of the commit-
tee.
(ii) One shall be appointed by the ranking mem-
ber of the Committee on Armed Services of the Senate,
in consultation with the chairman of the committee.
(iii) Two shall be appointed by the chairman of
the Committee on National Security of the House of
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Representatives, in consultation with the ranking
member of the committee.
(iv) One shall be appointed by the ranking mem-
ber of the Committee on National Security of the
House of Representatives, in consultation with the
chairman of the committee.
(v) Two shall be appointed by the Secretary of
Energy.
(B) Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(C) The chairman of the Commission shall be des-
ignated from among the members of the Commission by the
chairman of the Committee on Armed Services of the Sen-
ate, in consultation with the chairman of the Committee
on National Security of the House of Representatives, the
ranking member of the committee on Armed Services of the
Senate, and the ranking member of the Committee on Na-
tional Security of the House of Representatives.
(D) Members shall be appointed not later than 60 days
after the date of enactment of this Act.
(2) The members of the Commission shall establish pro-
cedures for the activities of the Commission, including pro-
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cedures for calling meetings, requirements for quorums, and
the manner of taking votes.
(c) DUTIES.—(1) The Commission shall—
(A) conduct a review of the specifications in the
document entitled ‘‘Design Threat Basis’’ relating to
the safeguarding and security of nuclear weapons and
materials in order to determine whether or not the
specifications establish procedures adequate for the
safeguarding and security of such weapons and mate-
rials at Department of Energy facilities; and
(B) determine whether or not the document takes
into account all relevant guidelines for the safeguard-
ing and security of such weapons and materials at
such facilities, including Presidential Decision Direc-
tive 39, relating to United States policy on
counterterrorism.
(2) In conducting the review, the Commission shall—
(A) visit various Department facilities, includ-
ing the Rocky Flats Plant, Colorado, Los Alamos Na-
tional Laboratory, New Mexico, the Savannah River
Site, South Carolina, the Pantex Plant, Texas, Oak
Ridge National Laboratory, Tennessee, and the Han-
ford Reservation, Washington, in order to assess the
adequacy of safeguards and security with respect to
nuclear weapons and materials at such facilities;
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(B) evaluate the specific concerns with respect to
the safeguarding and security of nuclear weapons and
materials raised in the report of the Office of Safe-
guards and Security of the Department of Energy en-
titled ‘‘Status of Safeguards and Security for 1996’’;
and
(C) review applicable orders and other require-
ments governing the safeguarding and security of nu-
clear weapons and materials at Department facilities.
(d) REPORT.—(1) Not later than February 15, 1998,
the Commission shall submit to the Secretary and to the
congressional defense committees a report on the review con-
ducted under subsection (c).
(2) The report may include—
(A) recommendations regarding any modifica-
tions of policy or procedures applicable to Depart-
ment facilities that the Commission considers appro-
priate to provide adequate safeguards and security for
nuclear weapons and materials at such facilities
without impairing the mission of such facilities;
(B) recommendations for modifications in fund-
ing priorities necessary to ensure basic funding for
the safeguarding and security of such weapons and
materials at such facilities; and
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(C) such other recommendations for additional
legislation or administrative action as the Commis-
sion considers appropriate.
(e) PERSONNEL MATTERS.—(1)(A) Each member of
the Commission who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay pre-
scribed for Level IV of the Executive Schedule under section
53115 of title 5, United States Code, for each day (includ-
ing travel time) during which such member is engaged in
the performance of the duties of the Commission.
(B) All members of the Commission who are officers
or employees of the United States shall serve without com-
pensation in addition to that received for their services as
officers or employees of the United States.
(2) The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Commission.
(3)(A) The Commission may, without regard to the
civil service laws and regulations, appoint and terminate
such personnel as may be necessary to enable the Commis-
sion to perform its duties.
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‘‘(2) as a result of an adverse action against the
officer or employee; or
‘‘(3) pursuant to a voluntary demotion.’’.
(c) CROSS-REFERENCE AMENDMENTS.—(1) Section
1216 (22 U.S.C. 3656) is amended by striking out ‘‘1215’’
and inserting in lieu thereof ‘‘1202’’.
(2) Section 1218 (22 U.S.C. 3658) is amended by
striking out ‘‘1215’’ and ‘‘1217’’ and inserting in lieu there-
of ‘‘1202’’ and ‘‘1217(a)’’, respectively.
SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE
EXPENSES FOR COMMISSION PERSONNEL NO
LONGER SUBJECT TO FEDERAL TRAVEL REG-
ULATION.
(a) REPEAL OF APPLICABILITY OF TITLE 5 PROVI-
SIONS.—(1) Section 1210 (22 U.S.C. 3650) is amended by
striking out subsections (a), (b), and (c).
(2) Section 1224 (22 U.S.C. 3664) is amended—
(A) by striking out paragraph (10); and
(B) by redesignating paragraphs (11) through
(20) as paragraphs (10) through (19), respectively.
(b) CONFORMING AMENDMENTS.—(1) Section 1210 is
further amended—
(A) by redesignating subsection (d)(1) as sub-
section (a) and in that subsection striking out ‘‘para-