401
(other than the military departments), in the total amount
of $2,711,761,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2401(a),
$382,390,000
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2401(a),
$34,965,000.
(3) For military construction projects at Annis-
ton Army Depot, Alabama, ammunition demilitariza-
tion facility, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal
Year 1993 (division B of the Public Law 102–484;
106 Stat. 2587), which was originally authorized as
an Army construction project, but which became a
Defense Agencies construction project by reason of the
amendments made by section 142 of the National De-
fense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 2689), $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 (division B of Public Law 102–484; 106
Stat. 2599), $20,000,000.
402
(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 the Public
Law 103–337; 108 Stat. 3040), as amended by section
2407 of the Military Construction Authorization Act
for Fiscal Year 1996 (110 Stat. 539) and section
2407(2) of this Act, $57,427,000.
(6) For military construction projects at Defense
Finance and Accounting Service, Columbus, Ohio,
authorized by section 2401(a) of the Military Con-
struction Authorization Act of Fiscal Year 1996 (divi-
sion B of Public Law 104–106; 110 Stat. 535),
$14,200,000.
(7) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $9,844,000.
(8) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$25,257,000.
(9) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $34,350,000.
(10) For Energy Conservation projects author-
ized by section 2403, $25,000,000.
403
(11) 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.
(12) 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. CORRECTION IN AUTHORIZED USES OF FUNDS,
MCCLELLAN AIR FORCE BASE, CALIFORNIA.
In the case of amounts appropriated pursuant to the
authorization of appropriations in section 2405(a)(1) of the
Military Construction Authorization Act for Fiscal Year
404
1995 (division B of Public Law 103–337; 108 Stat. 3041)
for a military construction project involving the upgrade
of the hospital facility at McClellan Air Force Base, Califor-
nia, the Secretary of Defense may use such amounts for the
following medical construction projects authorized by sec-
tion 2401 of this Act:
(1) The Aeromedical Clinic Addition at Ander-
sen Air Base, Guam, in the amount of $3,700,000.
(2) The Occupational Health Clinic Facility at
Tinker Air Force Base, Oklahoma, in the amount of
$6,500,000.
SEC. 2407. 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 further 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
405
(2) in the item relating to Umatilla Army
Depot, Oregon, by striking out ‘‘$186,000,000’’ in the
amount column and inserting in lieu thereof
‘‘$187,000,000’’.
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-
406
zation Security Investment program authorized by section
2501, in the amount of $166,300,000.
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated 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 chap-
ter 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, $45,098,000; and
(B) for the Army Reserve, $69,831,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $40,561,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the Unit-
ed States, $137,275,000; and
(B) for the Air Force Reserve, $34,443,000.
407
(b) ADJUSTMENT.—The amount authorized to be ap-
propriated pursuant to subsection (a)(1)(B) is reduced by
$7,900,000, which represents the combination of project sav-
ings resulting from favorable bids, reduced overhead costs,
and cancellations due to force structure changes.
SEC. 2602. AUTHORIZATION OF MILITARY CONSTRUCTION
PROJECTS FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
(a) ARMY NATIONAL GUARD, HILO, HAWAII.—Para-
graph (1)(A) of section 2601 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Pub-
lic Law 104–201; 110 Stat. 2780) is amended by striking
out 
‘‘$59,194,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$65,094,000’’ to account for a project involving additions
and alterations to an Army aviation support facility in
Hilo, Hawaii.
(b) NAVAL AND MARINE CORPS RESERVE, NEW ORLE-
ANS.—Paragraph (2) of such section is amended by striking
out 
‘‘$32,779,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$37,579,000’’ to account for a project for the construction
of bachelor enlisted quarters at Naval Air Station, New Or-
leans, Louisiana.
408
SEC. 2603. ARMY RESERVE CONSTRUCTION PROJECT, SALT
LAKE CITY, UTAH.
With regard to the military construction project for
the Army Reserve concerning construction of a reserve cen-
ter and organizational maintenance shop in Salt Lake
City, Utah, to be carried out using funds appropriated pur-
suant to the authorization of appropriations in section
2601(1)(B), the Secretary of the Army may enter into an
agreement with the State of Utah under which the State
agrees to provide financial or in-kind contributions toward
land acquisition, site preparation, environmental assess-
ment and remediation, relocation, and other costs in con-
nection with the project.
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
409
(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.
(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) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103–337, 108 Stat. 3046),
410
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.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1995 Project Authorization
State
Installation or Location
Project
Amount
California ........................
Fort Irwin ......................
National Train-
ing Center
Airfield
Phase I .........
$10,000,000
Navy: Extension of 1995 Project Authorizations
State
Installation or Location
Project
Amount
Maryland ........................
Indian Head Naval Sur-
face Warfare Center ...
Upgrade Power
Plant ............
$4,000,000
Indian Head Naval Sur-
face Warfare Center ...
Denitrification/
Acid Mixing
Facility ........
$6,400,000
Virginia ...........................
Norfolk Marine Corps
Security Force Battal-
ion Atlantic ................
Bachelor En-
listed Quar-
ters ................
$6,480,000
Washington .....................
Naval Station Puget
Sound, Everett ............
New Construc-
tion (Housing
Office) ...........
$780,000
Conus Classified .............
Classified Location .........
Aircraft Fire/
Rescue & Ve-
hicle Mainte-
nance Facil-
ity .................
$2,200,000
Air Force: Extension of 1995 Project Authorizations
State
Installation or Location
Project
Amount
California ........................
Beale Air Force Base .....
Consolidated
Support Cen-
ter .................
$10,400,000
411
Air Force: Extension of 1995 Project Authorizations—Continued
State
Installation or Location
Project
Amount
Los Angeles Air Force
Station ........................
Family Hous-
ing (50
Units) ...........
$8,962,000
North Carolina ...............
Pope Air Force Base ......
Combat Control
Team Facil-
ity .................
$2,400,000
Pope Air Force Base ......
Fire Training
Center ...........
$1,100,000
Defense Agencies: Extension of 1995 Project Authorizations
State
Installation or Location
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 Man-
agement Office, El
Segundo .......................
Administrative
Facility ........
$5,100,000
Oregon .............................
Umatilla Army Depot ...
Ammunition
Demilitariza-
tion Facility
$186,000,000
Army National Guard: Extension of 1995 Project Authorization
State
Installation or Loca-
tion
Project
Amount
California .........................
Camp Roberts .......................
Combat Pistol Range ..
$952,000
Naval Reserve: Extension of 1995 Project Authorization
State
Installation or Location
Project
Amount
Georgia ............................
Naval Air Station Mari-
etta ..............................
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 of the Military Construction Author-
412
ization Act for Fiscal Year 1997 (division B of Public Law
104–201; 110 Stat. 2783), shall remain in effect until Octo-
ber 1, 1998, or the date of the enactment of an Act authoriz-
ing funds for military construction for fiscal year 1999,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is
as follows:
Navy: Extension of 1994 Project Authorizations
State
Installation or Location
Project
Amount
California ........................
Camp Pendleton Marine
Corps Base ..................
Sewage Facility
$7,930,000
Connecticut .....................
New London Naval Sub-
marine Base ...............
Hazardous
Waste Facil-
ity .................
$1,450,000
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1993 PROJECTS.
(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 authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101 or 2601 of that
Act and extended by section 2702 of the Military Construc-
tion Authorization Act for Fiscal Year 1996 (division B
of Public Law 104–106; 110 Stat. 541) and section 2703
of the Military 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
413
date of the enactment of an Act authorizing funds for mili-
tary construction for fiscal year 1999, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1993 Project Authorization
State
Installation or loca-
tion
Project
Amount
Arkansas ...........................
Pine Bluff Arsenal ................
Ammunition Demili-
tarization Support
Facility ....................
$15,000,000
Army National Guard: Extension of 1993 Project Authorization
State
Installation or Loca-
tion
Project
Amount
Alabama ...........................
Union Springs ......................
Armory ........................
$813,000
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1992 PROJECTS.
(a) EXTENSION.—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.
2784), shall remain in effect until October 1, 1998, or the
414
date of the enactment of an Act authorizing funds for mili-
tary construction for fiscal year 1999, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is
as follows:
Army: Extension of 1992 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Oregon ..............................
Umatilla Army Depot ..........
Ammunition Demili-
tarization Support
Facility ....................
$3,600,000
Umatilla Army Depot ..........
Ammunition Demili-
tarization Utilities
$7,500,000
SEC. 2706. EXTENSION OF AVAILABILITY OF FUNDS FOR
CONSTRUCTION 
OF 
OVER-THE-HORIZON
RADAR IN PUERTO RICO.
Amounts appropriated under the heading ‘‘DRUG
INTERDICTION
AND
COUNTER-DRUG
ACTIVITIES, DE-
FENSE’’ in the Department of Defense Appropriations Act,
1995 (Public Law 103–335; 108 Stat. 2615), and trans-
ferred to the ‘‘Military Construction, Navy’’ appropriation
for construction of a Relocatable Over-the-Horizon Radar
at Naval Station Roosevelt Roads, Puerto Rico, shall re-
main available for obligation until October 1, 1998, or the
date of the enactment of an Act authorizing funds for mili-
tary construction for fiscal year 1999, whichever is later.
SEC. 2707. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall
take effect on the later of—
(1) October 1, 1997; or
415
(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. USE OF MOBILITY ENHANCEMENT FUNDS FOR
UNSPECIFIED MINOR CONSTRUCTION.
(a) 
CONGRESSIONAL
NOTIFICATION.—Subsection
(b)(2) of section 2805 of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘This paragraph shall apply even though the project is to
be carried out using funds made available to enhance the
deployment and mobility of military forces and supplies.’’.
(b) RESTRICTION ON USE OF OPERATION AND MAIN-
TENANCE FUNDS.—Subsection (c) of such section is amend-
ed—
(1) in paragraph (1), by striking out ‘‘para-
graph (2)’’ and inserting in lieu thereof ‘‘paragraphs
(2) and (3)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(3) The limitations specified in paragraph (1) shall
not apply if the unspecified minor military construction
project is to be carried out using funds made available to
416
enhance the deployment and mobility of military forces and
supplies.’’.
(c) TECHNICAL AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a)(1)—
(A) by striking out ‘‘minor military con-
struction projects’’ in the first sentence and in-
serting in lieu thereof ‘‘unspecified minor mili-
tary construction projects’’;
(B) by striking out ‘‘A minor’’ in the second
sentence and inserting in lieu thereof ‘‘An un-
specified minor’’; and
(C) by striking out ‘‘a minor’’ in the last
sentence and inserting in lieu thereof ‘‘an un-
specified minor’’;
(2) in subsection (b)(1), by striking out ‘‘A
minor’’ and inserting in lieu thereof ‘‘An unspecified
minor’’;
(3) in subsection (b)(2), by striking out ‘‘a
minor’’ and inserting in lieu thereof ‘‘an unspecified
minor’’; and
(4) in subsection (c), by striking out ‘‘unspecified
military’’ each place it appears and inserting in lieu
thereof ‘‘unspecified minor military’’.
417
SEC. 2802. LIMITATION ON USE OF OPERATION AND MAIN-
TENANCE 
FUNDS 
FOR 
FACILITY 
REPAIR
PROJECTS.
Section 2811 of title 10, United States Code, is amend-
ed by adding at the end the following new subsections:
‘‘(d) CONGRESSIONAL NOTIFICATION.—When a deci-
sion is made to carry out a repair project under this section
with an estimated cost in excess of $10,000,000, the Sec-
retary concerned shall submit to the appropriate committees
of Congress a report containing—
‘‘(1) the justification for the repair project and
the current estimate of the cost of the project; and
‘‘(2) the justification for carrying out the project
under this section.
‘‘(e) REPAIR PROJECT DEFINED.—In this section, the
term ‘repair project’ means a project to restore a real prop-
erty facility, system, or component to such a condition that
it may effectively be used for its designated functional pur-
pose.’’.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING, UNIT-
ED STATES SOUTHERN COMMAND, MIAMI,
FLORIDA.
(a) LEASES TO EXCEED MAXIMUM RENTAL.—Section
2828(b) of title 10, United States Code, is amended—
418
(1) in paragraph (2), by striking out ‘‘para-
graph (3)’’ and inserting in lieu thereof ‘‘paragraphs
(3) and (4)’’;
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) The Secretary of the Army may lease not more
than eight housing units in the vicinity of Miami, Florida,
for key and essential personnel, as designated by the Sec-
retary, for the United States Southern Command for which
the expenditure for the rental of such units (including the
cost of utilities, maintenance, and operation, including se-
curity enhancements) exceeds the expenditure limitations in
paragraphs (2) and (3). The total amount for all leases
under this paragraph may not exceed $280,000 per year,
and no lease on any individual housing unit may exceed
$60,000 per year.’’.
(b) CONFORMING AMENDMENT.—Paragraph (5) of
such section, as redesignated by subsection (a)(2), is amend-
ed by striking out ‘‘paragraphs (2) and (3)’’ and inserting
in lieu thereof ‘‘paragraphs (2), (3), and (4)’’.
419
SEC. 2804. USE OF FINANCIAL INCENTIVES PROVIDED AS
PART OF ENERGY SAVINGS AND WATER CON-
SERVATION ACTIVITIES.
(a) ENERGY SAVINGS.—Section 2865 of title 10, Unit-
ed States Code, is amended—
(1) in subsection (b)(1), by striking out ‘‘and fi-
nancial incentives described in subsection (d)(2)’’;
(2) in subsection (d)(2), by adding at the end the
following new sentence: ‘‘Financial incentives received
under this paragraph or section 2866(a)(2) of this
title shall be credited to an appropriation account
designated by the Secretary of Defense.’’; and
(3) in subsection (f), by adding at the end the
following new sentence: ‘‘Each report shall also de-
scribe the types and amount of financial incentives
received 
under 
subsection 
(d)(2) 
and 
section
2866(a)(2) of this title during the period covered by
the report and the appropriation account or accounts
to which the incentives were credited.’’.
(b) WATER CONSERVATION.—Section 2866(b) of such
title is amended—
(1) by striking out ‘‘SAVINGS.—’’ in the sub-
section heading and inserting in lieu thereof ‘‘SAV-
INGS AND FINANCIAL INCENTIVES.—(1)’’; and
(2) by adding at the end the following new para-
graph:
420
‘‘(2) Financial incentives received under this section
shall be used as provided in section 2865(d)(2) of this
title.’’.
SEC. 2805. CONGRESSIONAL NOTIFICATION REQUIREMENTS
REGARDING USE OF DEPARTMENT OF DE-
FENSE HOUSING FUNDS FOR INVESTMENTS
IN NONGOVERNMENTAL ENTITIES.
Section 2875 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(e) CONGRESSIONAL
NOTIFICATION
REQUIRED.—
Amounts in the Department of Defense Family Housing
Improvement Fund or the Department of Defense Military
Unaccompanied Housing Improvement Fund may be used
to make a cash investment under this section in a non-
governmental entity only after the end of the 30-day period
beginning on the date the Secretary of Defense submits writ-
ten notice of, and justification for, the investment to the
appropriate committees of Congress.’’.
Subtitle B—Real Property And
Facilities Administration
SEC. 2811. 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’’ both places
421
it appears in subsection (a) and inserting in lieu thereof
‘‘$500,000’’.
(b) CLERICAL AMENDMENTS.—(1) The section heading
for such section is amended to read as follows:
‘‘§ 2672. Acquisition: interests in land when cost is not
more than $500,000’’.
(2) The table of sections at the beginning of chapter
159 of such title is amended by striking out the item relat-
ing to section 2672 and inserting in lieu thereof the follow-
ing new item:
‘‘2672. Acquisition: interests in land when cost is not more than $500,000.’’.
SEC. 2812. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL
PROPERTY TRANSACTIONS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2695. Acceptance of funds to cover administrative
expenses relating to certain real property
transactions
‘‘(a) AUTHORITY TO ACCEPT.—In connection with a
real property transaction described in subsection (b) with
a non-Federal person or entity, the Secretary of a military
department may accept amounts provided by the person or
entity to cover administrative expenses incurred by the Sec-
retary in entering into the transaction.
422
‘‘(b) COVERED TRANSACTIONS.—Subsection (a) ap-
plies to the following transactions:
‘‘(1) The conveyance or exchange of real prop-
erty.
‘‘(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 the expenses were paid. Amounts so credited shall be
merged with funds in such appropriation, fund, or account
and shall be available for the same purposes and subject
to the same limitations as the funds with which merged.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 159 of such title is amended by
adding at the end the following:
‘‘2695. Acceptance of funds to cover administrative expenses relating to certain
real property transactions.’’.
SEC. 2813. DISPOSITION OF PROCEEDS FROM SALE OF AIR
FORCE PLANT 78, BRIGHAM CITY, UTAH.
Notwithstanding 
subparagraph 
(A) 
of 
section
204(h)(2) of the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 485(h)(2)), the entire amount
derived from the sale of Air Force Plant 78 in Brigham
423
City, Utah, and deposited in the special account in the
Treasury established pursuant to such section shall, to the
extent provided in appropriations Acts, be available to the
Secretary of the Air Force for facility maintenance, repair,
or environmental restoration at other industrial plants of
the Department of the Air Force.
Subtitle C—Defense Base Closure
and Realignment
SEC. 2821. CONSIDERATION OF MILITARY INSTALLATIONS
AS SITES FOR NEW FEDERAL FACILITIES.
(a) 1988 LAW.—Section 204(b)(5) of the Defense Au-
thorization Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is
amended—
(1) in subparagraph (A), by striking out ‘‘sub-
paragraph (B)’’ and inserting in lieu thereof ‘‘sub-
paragraphs (B) and (C)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C)(i) Before acquiring non-Federal real property as
the location for a new or replacement Federal facility of
any type, the head of the Federal agency acquiring the
property shall consult with the Secretary regarding the fea-
sibility and cost advantages of using Federal property or
facilities at a military installation to be closed or realigned
424
under this title as the location for the new or replacement
facility. In considering the availability and suitability of
a specific military installation, the Secretary and the head
of the Federal agency involved shall consult with the rede-
velopment authority with respect to the installation and
comply with the redevelopment plan for the installation.
‘‘(ii) Not later than 30 days after acquiring non-Fed-
eral real property as the location for a new or replacement
Federal facility, the head of the Federal agency acquiring
the property shall submit to Congress a report containing
the results of the consultation under clause (i) and the rea-
sons why military installations referred to in such clause
that are located within the area to be served by the new
or replacement Federal facility or within a 200-mile radius
of the new or replacement facility, whichever area is great-
er, were considered to be unsuitable or unavailable for the
site of the new or replacement facility.’’.
(b) 1990 LAW.—Section 2905(b)(5) of the Defense Base
Closure and Realignment Act of 1990 (Public Law 101–
510; 10 U.S.C. 2687 note) is amended—
(1) in subparagraph (A), by striking out ‘‘sub-
paragraph (B)’’ and inserting in lieu thereof ‘‘sub-
paragraphs (B) and (C)’’; and
(2) by adding at the end the following new sub-
paragraph:
425
‘‘(C)(i) Before acquiring non-Federal real property as
the location for a new or replacement Federal facility of
any type, the head of the Federal agency acquiring the
property shall consult with the Secretary regarding the fea-
sibility and cost advantages of using Federal property or
facilities at a military installation to be closed or realigned
under this part as the location for the new or replacement
facility. In considering the availability and suitability of
a specific military installation, the Secretary and the head
of the Federal agency involved shall consult with the rede-
velopment authority with respect to the installation and
comply with the redevelopment plan for the installation.
‘‘(ii) Not later than 30 days after acquiring non-Fed-
eral real property as the location for a new or replacement
Federal facility, the head of the Federal agency acquiring
the property shall submit to Congress a report containing
the results of the consultation under clause (i) and the rea-
sons why military installations referred to in such clause
that are located within the area to be served by the new
or replacement Federal facility or within a 200-mile radius
of the new or replacement facility, whichever area is great-
er, were considered to be unsuitable or unavailable for the
site of the new or replacement facility.’’.
426
SEC. 2822. PROHIBITION AGAINST CONVEYANCE OF PROP-
ERTY 
AT 
MILITARY 
INSTALLATIONS 
TO
STATE-OWNED SHIPPING COMPANIES.
(a) PROHIBITION AGAINST DIRECT CONVEYANCE.—In
disposing of real property in connection with the closure
of a military installation under the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Pub-
lic Law 101–510; 10 U.S.C. 2687 note), the Secretary of
Defense may not convey any portion of the property (by
sale, lease, or other method) to a State-owned shipping com-
pany.
(b) PROHIBITION AGAINST INDIRECT CONVEYANCE.—
The Secretary of Defense shall impose as a condition on
each conveyance of real property located at such an instal-
lation the requirement that the property may not be subse-
quently conveyed (by sale, lease, or other method) to a State-
owned shipping company.
(c) REVERSIONARY INTEREST.—If the Secretary deter-
mines at any time that real property located at such an
installation and conveyed under the Defense Base Closure
and Realignment Act of 1990 has been conveyed to a State-
owned shipping company in violation of subsection (b) or
is otherwise being used by a State-owned shipping company
in violation of such subsection, all right, title, and interest
in and to the property shall revert to the United States,
427
and the United States shall have immediate right of entry
thereon.
(d) DEFINITION.—In this section, the term ‘‘State-
owned shipping company’’ means a commercial shipping
company owned or controlled by a foreign country.
Subtitle D—Land Conveyances
Part I—Army Conveyances
SEC. 2831. LAND CONVEYANCE, JAMES T. COKER ARMY RE-
SERVE CENTER, DURANT, OKLAHOMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to Big Five Com-
munity Services, Incorporated, a nonprofit organization
operating in Durant, Oklahoma, all right, title, and interest
of the United States in and to a parcel of real property
located at 1500 North First Street in Durant, Oklahoma,
and containing the James T. Coker Army Reserve Center,
if the Secretary determines that the Reserve Center is excess
to the needs of the Armed Forces.
(b) 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 Big Five Community Services, Incorporated.
(c) CONDITION ON CONVEYANCE.—The conveyance au-
thorized under subsection (a) shall be subject to the condi-
428
tion that Big Five Community Services, Incorporated, re-
tain the conveyed property for educational purposes.
(d) REVERSION.—If the Secretary determines at any
time that the real property conveyed under subsection (a)
is not being used for the purpose specified in subsection (c),
all right, title, and interest in and to such real property,
including any improvements thereon, shall revert to the
United States, and the United States shall have the right
of immediate entry thereon.
(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. 2832. LAND CONVEYANCE, FORT A. P. HILL, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to Caroline County, Virginia (in this
section referred to as the ‘‘County’’), all right, title, and
interest of the United States in and to a parcel of unim-
proved real property consisting of approximately 10 acres
located at Fort A. P. Hill, Virginia. The purpose of the
conveyance is to permit the County to establish a solid
waste transfer and recycling facility on the property.
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the County shall permit the
429
Army, at no cost, to dispose of not less than 1,800 tons of
solid waste annually at the facility established on the con-
veyed property. The obligation of the County to accept solid
waste under this subsection shall not commerce until after
the solid waste transfer and recycling facility on the con-
veyed property becomes operational, and the establishment
of a solid waste collection and transfer site on the .36-acre
parcel described in subsection (d)(2) shall not be construed
to impose the obligation.
(c) DISCLAIMER.—The United States shall not be re-
sponsible for the provision or cost of utilities or any other
improvements necessary to carry out the conveyance under
subsection (a) or to establish or operate the solid waste
transfer and recycling facility intended for the property.
(d) REVERSION.—(1) Except as provided in para-
graph (2), if the Secretary determines that a solid waste
transfer and recycling facility is not operational, before De-
cember 31, 1999, on the real property conveyed under sub-
section (a), all right, title, and interest in and to such real
property, including any improvements thereon, shall revert
to the United States, and the United States shall have the
right of immediate entry thereon.
(2) Paragraph (1) shall not apply with respect to a
parcel of approximately .36 acres of the approximately 10-
acre parcel to be conveyed under subsection (a), which is
430
included in the larger conveyance to permit the County to
establish a solid waste collection and transfer site for resi-
dential waste.
(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. 2833. EXPANSION OF LAND CONVEYANCE, INDIANA
ARMY AMMUNITION PLANT, CHARLESTOWN,
INDIANA.
(a) ADDITIONAL CONVEYANCE.—Subsection (a) of sec-
tion 2858 of the National Defense Authorization Act for Fis-
cal Year 1996 (Public Law 104–106; 110 Stat. 571) is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of
the Army’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) The Secretary may also convey to the State, with-
out consideration, an additional parcel of real property at
the Indiana Army Ammunition Plant consisting of ap-
proximately 500 acres located along the Ohio River.’’.
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended by striking out ‘‘conveyance’’ both places it
431
appears in subsections (b) and (d) and inserting in lieu
thereof ‘‘conveyances’’.
SEC. 2834. MODIFICATION OF LAND CONVEYANCE, LOMPOC,
CALIFORNIA.
(a) CHANGE IN AUTHORIZED USES OF LAND.—Sec-
tion 834(b)(1) of the Military Construction Authorization
Act, 1985 (Public Law 98–407; 98 Stat. 1526), is amended
by striking out subparagraphs (A) and (B) and inserting
in lieu thereof the following new subparagraphs:
‘‘(A) for educational and recreational purposes;
‘‘(B) for open space; or’’.
(b) CONFORMING DEED CHANGES.—With respect to
the land conveyance made pursuant to section 834 of the
Military Construction Authorization Act, 1985, the Sec-
retary of the Army shall execute and file in the appropriate
office or offices an amended deed or other appropriate in-
strument effectuating the changes to the authorized uses of
the conveyed property resulting from the amendment made
by subsection (a).
SEC. 2835. MODIFICATION OF LAND CONVEYANCE, ROCKY
MOUNTAIN ARSENAL, COLORADO.
Section 5(c) of Public Law 102–402 (106 Stat. 1966)
is amended by striking out ‘‘The transferred property shall
be sold in advertised sales’’ and inserting in lieu thereof
432
‘‘The Administrator shall convey the transferred property
to Commerce City, Colorado, in a negotiated sale,’’.
SEC. 2836. CORRECTION OF LAND CONVEYANCE AUTHOR-
ITY, ARMY RESERVE CENTER, ANDERSON,
SOUTH CAROLINA.
(a) IDENTIFICATION OF RECIPIENT.—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 amended by striking out ‘‘County’’
each place it appears and inserting in lieu thereof ‘‘Board’’.
SEC. 2837. LAND CONVEYANCE, FORT BRAGG, NORTH CARO-
LINA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Town of
Spring Lake, North Carolina (in this section referred to as
the ‘‘Town’’), all right, title, and interest of the United
States in and to a parcel of unimproved real property con-
sisting of approximately 50 acres located at Fort Bragg,
North Carolina. The purpose of the conveyance is to im-
433
prove access by the Town to a waste treatment facility and
to permit economic development.
(b) 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 Town.
(c) 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. 2838. LAND CONVEYANCE, GIBSON ARMY RESERVE
CENTER, CHICAGO, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Lawndale
Business and Local Development Corporation (in this sec-
tion referred to as the ‘‘Corporation’’), a nonprofit organi-
zation organized in the State of Illinois, all right, title, and
interest of the United States in and to a parcel of real prop-
erty, including improvements thereon, that is located at
4454 West Cermak Road in Chicago, Illinois, and contains
the Gibson Army Reserve Center.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
434
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne
by the Corporation.
(c) 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. 2839. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Borough
of Wrightstown, New Jersey (in this section referred to as
the ‘‘Borough’’), all right, title, and interest of the United
States in and to a parcel of real property (including im-
provements thereon) consisting of approximately 44.69
acres located at Fort Dix, New Jersey, for the purpose of
permitting the Borough to develop the parcel for edu-
cational and economic purposes.
(b) 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 Borough.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
435
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
Part II—Navy Conveyances
SEC. 2851. CORRECTION OF LEASE AUTHORITY, NAVAL AIR
STATION, MERIDIAN, MISSISSIPPI.
(a) CORRECTION OF LESSEE.—Subsection (a) of sec-
tion 2837 of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104–201;
110 Stat. 2798) is amended—
(1) by striking out ‘‘State of Mississippi (in this
section referred to as the ‘State’)’’ and inserting in
lieu thereof ‘‘County of Lauderdale, Mississippi (in
this section referred to as the ‘County’)’’; and
(2) by striking out ‘‘The State’’ and inserting in
lieu thereof ‘‘The County’’.
(b) CONFORMING AMENDMENTS.—Subsections (b) and
(c) of such section are amended by striking out ‘‘State’’ each
place it appears and inserting in lieu thereof ‘‘County’’.
Part III—Air Force Conveyances
SEC. 2861. LAND TRANSFER, EGLIN AIR FORCE BASE, FLOR-
IDA.
(a) TRANSFER.—Jurisdiction over the real property
withdrawn by Executive Order 4525, dated October 1, 1826,
which consists of approximately 440 acres of land at Cape
436
San Blas, Gulf County, Florida, and any improvements
thereon, is transferred from the administrative jurisdiction
of the Secretary of Transportation to the administrative ju-
risdiction of the Secretary of the Air Force, without reim-
bursement. Executive Order 4525 is revoked, and the trans-
ferred real property shall be administered by the Secretary
of the Air Force pursuant to the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 471 et seq.)
and such other laws as may be applicable to Federal real
property.
(b) USE OF PROPERTY.—The real property transferred
under subsection (a) may be used in conjunction with oper-
ations at Eglin Air Force Base, Florida.
(c) LEGAL DESCRIPTION.—The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Air Force. The cost of the survey shall be
borne by the Secretary of the Air Force.
SEC. 2862. STUDY OF LAND EXCHANGE OPTIONS, SHAW AIR
FORCE BASE, SOUTH CAROLINA.
Section 2874 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
583) is amended by adding at the end the following new
subsection:
437
‘‘(g) STUDY OF EXCHANGE OPTIONS.—To facilitate the
use of a land exchange to acquire the real property described
in subsection (a), the Secretary of the Air Force shall con-
duct a study to identify real property in the possession of
the Air Force (located in the State of South Carolina or
elsewhere) that satisfies the requirements of subsection
(b)(2), is acceptable to the party holding the property to
be acquired, and is otherwise suitable for exchange under
this section. Not later than three months after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998, the Secretary shall submit to Congress
a report containing the results of the study.’’.
SEC. 2863. LAND CONVEYANCE, MARCH AIR FORCE BASE,
CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Air Force may convey to Air Force Village West, Incor-
porated (in this section referred to as the ‘‘Corporation’’),
of Riverside, California, all right, title, and interest of the
United States in and to a parcel of real property located
at March Air Force Base, California, and consisting of ap-
proximately 75 acres, as more fully described in subsection
(c).
(2) If the Secretary does not make the conveyance au-
thorized by paragraph (1) to the Corporation on or before
January 1, 2006, the Secretary shall convey the real prop-
438
erty instead to the March Joint Powers Authority, the rede-
velopment authority established for March Air Force Base.
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the Corporation shall pay to the
United States an amount equal to the fair market value
of the real property, as determined by the Secretary.
(c) LAND DESCRIPTION.—The real property to be con-
veyed under this section is contiguous to land conveyed to
the Corporation pursuant to section 835 of the Military
Construction Authorization Act, 1985 (Public Law 98–407;
98 Stat. 1527), and lies within sections 27, 28, 33, and
34 of Township 3 South, Range 4 West, San Bernardino
Base and Meridian, County of Riverside, California. The
exact acreage and legal description of the real property shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the party receiving the
property.
(d) TECHNICAL CORRECTIONS REGARDING PREVIOUS
CONVEYANCE.—Section 835 of the Military Construction
Authorization Act, 1985 (Public Law 98–407; 98 Stat.
1527), is amended—
(1) in subsection (b), by striking out ‘‘subsection
(b)’’ and inserting in lieu thereof ‘‘subsection (a)’’;
and
439
(2) in subsection (c), by striking out ‘‘Clark
Street,’’ and all that follows through the period and
inserting in lieu thereof ‘‘Village West Drive, on the
west by Allen Avenue, on the south by 8th Street, and
the north is an extension of 11th Street between Allen
Avenue and Clark Street.’’.
Subtitle E—Other Matters
SEC. 2881. REPEAL OF REQUIREMENT TO OPERATE NAVAL
ACADEMY DAIRY FARM.
(a) OPERATION.—(1) Chapter 603 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 6976. Operation of Naval Academy dairy farm
‘‘(a) DISCRETION
REGARDING
CONTINUED
OPER-
ATION.—(1) Subject to paragraph (2), the Secretary of the
Navy may terminate or reduce the dairy or other operations
conducted at the Naval Academy dairy farm located in
Gambrills, Maryland.
‘‘(2) Notwithstanding the termination or reduction of
operations at the Naval Academy dairy farm under para-
graph (1), the real property containing the dairy farm
(consisting of approximately 875 acres)—
‘‘(A) may not be declared to be excess real prop-
erty to the needs of the Navy or transferred or other-
440
wise disposed of by the Navy or any Federal agency;
and
‘‘(B) shall be maintained in its rural and agri-
cultural nature.
‘‘(b) LEASE AUTHORITY.—(1) Subject to paragraph
(2), to the extent that the termination or reduction of oper-
ations at the Naval Academy dairy farm permit, the Sec-
retary of the Navy may lease the real property containing
the dairy farm, and any improvements and personal prop-
erty thereon, to such persons and under such terms as the
Secretary considers appropriate. In leasing any of the prop-
erty, the Secretary may give a preference to persons who
will continue dairy operations on the property.
‘‘(2) Any lease of property at the Naval Academy dairy
farm shall be subject to a condition that the lessee maintain
the rural and agricultural nature of the leased property.
‘‘(c) EFFECT OF OTHER LAWS.—Nothing in section
6971 of this title shall be construed to require the Secretary
of the Navy or the Superintendent of the Naval Academy
to operate a dairy farm for the Naval Academy in
Gambrills, Maryland, or any other location.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘6976. Operation of Naval Academy dairy farm.’’.
(b) CONFORMING REPEAL
OF EXISTING REQUIRE-
MENTS.—Section 810 of the Military Construction Author-
441
ization Act, 1968 (Public Law 90–110; 81 Stat. 309), is
repealed.
SEC. 2882. LONG-TERM LEASE OF PROPERTY, NAPLES
ITALY.
(a) AUTHORITY.—Subject to subsection (d), the Sec-
retary of the Navy may acquire by long-term lease struc-
tures and real property relating to a regional hospital com-
plex in Naples, Italy, that the Secretary determines to be
necessary for purposes of the Naples Improvement Initia-
tive.
(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 authority of the Secretary to enter into a lease
under subsection (a) is available only to the extent or in
the amount provided in advance in appropriations Acts.
442
SEC. 2883. DESIGNATION OF MILITARY FAMILY HOUSING AT
LACKLAND 
AIR 
FORCE 
BASE, 
TEXAS, 
IN
HONOR OF FRANK TEJEDA, A FORMER MEM-
BER OF THE HOUSE OF REPRESENTATIVES.
The military family housing developments to be con-
structed at two locations on Government property at
Lackland Air Force Base, Texas, under the authority of sub-
chapter IV of chapter 169 of title 10, United States Code,
shall be designated by the Secretary of the Air Force, at
an appropriate time, as follows:
(1) The northern development shall be designated
as ‘‘Frank Tejeda Estates North’’.
(2) The southern development shall be designated
as ‘‘Frank Tejeda Estates South’’.
TITLE XXIX—SIKES ACT
IMPROVEMENT
SEC. 2901. SHORT TITLE.
This title may be cited as the ‘‘Sikes Act Improvement
Amendments of 1997’’.
SEC. 2902. DEFINITION OF SIKES ACT FOR PURPOSES OF
AMENDMENTS.
In this title, the term ‘‘Sikes Act’’ means the Act enti-
tled ‘‘An Act to promote effectual planning, development,
maintenance, and coordination of wildlife, fish, and game
conservation and rehabilitation in military reservations’’,
443
approved September 15, 1960 (16 U.S.C. 670a et seq.), com-
monly referred to as the ‘‘Sikes Act’’.
SEC. 2903. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended by
inserting before title I the following new section:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Sikes Act’.’’.
SEC. 2904. INTEGRATED NATURAL RESOURCE MANAGE-
MENT PLANS.
(a) PLANS REQUIRED.—Section 101(a) of the Sikes
Act (16 U.S.C. 670a(a)) is amended—
(1) by striking out ‘‘is authorized to’’ and insert-
ing in lieu thereof ‘‘shall’’;
(2) by striking out ‘‘in each military reservation
in accordance with a cooperative plan’’ and inserting
in lieu thereof the following: ‘‘on military installa-
tions. Under the program, the Secretary shall prepare
and implement for each military installation in the
United States an integrated natural resource manage-
ment plan’’;
(3) by inserting after ‘‘reservation is located’’ the
following: ‘‘, except that the Secretary is not required
to prepare such a plan for a military installation if
the Secretary determines that preparation of such a
plan for the installation is not appropriate’’; and
444
(4) by inserting ‘‘(1)’’ after ‘‘(a)’’ and adding at
the end the following new paragraph:
‘‘(2) Consistent with essential military requirements
to enhance the national security of the United States, the
Secretary of Defense shall manage each military installa-
tion to provide—
‘‘(A) for the conservation of fish and wildlife on
the military installation and sustained multipurpose
uses of those resources, including hunting, fishing,
and trapping; and
‘‘(B) public access that is necessary or appro-
priate for those uses.’’.
(b) CONFORMING AMENDMENTS.—Title I of the Sikes
Act is amended—
(1) in section 101(b) (16 U.S.C. 670a(b)), in the
matter preceding paragraph (1), by striking out ‘‘co-
operative plan’’ and inserting in lieu thereof ‘‘inte-
grated natural resource management plan’’;
(2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)),
by striking out ‘‘cooperative plan’’ each place it ap-
pears and inserting in lieu thereof ‘‘integrated natu-
ral resource management plan’’;
(3) in section 101(c) (16 U.S.C. 670a(c)), in the
matter preceding paragraph (1) by striking out ‘‘a co-
445
operative plan’’ and inserting in lieu thereof ‘‘an in-
tegrated natural resource management plan’’;
(4) in section 101(d) (16 U.S.C. 670a(d)), in the
matter preceding paragraph (1) by striking out ‘‘co-
operative plans’’ and inserting in lieu thereof ‘‘inte-
grated natural resource management plans’’;
(5) in section 101(e) (16 U.S.C. 670a(e)), by
striking out ‘‘Cooperative plans’’ and inserting in
lieu thereof ‘‘Integrated natural resource management
plans’’;
(6) in section 102 (16 U.S.C. 670b), by striking
out ‘‘a cooperative plan’’ and inserting in lieu thereof
‘‘an integrated natural resource management plan’’;
(7) in section 103 (16 U.S.C. 670c), by striking
out ‘‘a cooperative plan’’ and inserting in lieu thereof
‘‘an integrated natural resource management plan’’;
(8) in section 106(a) (16 U.S.C. 670f(a)), by
striking out ‘‘cooperative plans’’ and inserting in lieu
thereof ‘‘integrated natural resource management
plans’’; and
(9) in section 106(c) (16 U.S.C. 670f(c)), by
striking out ‘‘cooperative plans’’ and inserting in lieu
thereof ‘‘integrated natural resource management
plans’’.
446
(c) CONTENTS OF PLANS.—Section 101(b) of the Sikes
Act (16 U.S.C. 670a(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking out
‘‘and’’ after the semicolon;
(B) in subparagraph (D), by striking out
the semicolon at the end and inserting in lieu
thereof a comma; and
(C) by adding at the end the following new
subparagraphs:
‘‘(E) wetland protection and restoration,
and wetland creation where necessary, for sup-
port of fish or wildlife,
‘‘(F) consideration of conservation needs for
all biological communities, and
‘‘(G) the establishment of specific natural
resource management goals, objectives, and time-
frames for proposed actions;’’;
(2) by striking out paragraph (3);
(3) by redesignating paragraph (2) as para-
graph (3);
(4) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) shall for the military installation for which
it is prepared—
447
‘‘(A) address the needs for fish and wildlife
management, land management, forest manage-
ment, and wildlife-oriented recreation,
‘‘(B) ensure the integration of, and consist-
ency among, the various activities conducted
under the plan,
‘‘(C) ensure that there is no net loss in the
capability of installation lands to support the
military mission of the installation,
‘‘(D) provide for sustained use by the public
of natural resources, to the extent that such use
is not inconsistent with the military mission of
the installation or the needs of fish and wildlife
management,
‘‘(E) provide the public access to the instal-
lation that is necessary or appropriate for that
use, to the extent that access is not inconsistent
with the military mission of the installation,
and
‘‘(F) provide for professional enforcement of
natural resource laws and regulations;’’; and
(5) in paragraph (4)(A), by striking out ‘‘collect
the fees therefor,’’ and inserting in lieu thereof ‘‘col-
lect, spend, administer, and account for fees there-
for,’’.
448
(d) PUBLIC COMMENT.—Section 101 of the Sikes Act
(16 U.S.C. 670a) is amended by adding at the end the fol-
lowing new subsection:
‘‘(f) PUBLIC COMMENT.—The Secretary of Defense
shall provide an opportunity for public comment on each
integrated natural resource management plan prepared
under subsection (a).’’.
SEC. 2905. REVIEW FOR PREPARATION OF INTEGRATED
NATURAL RESOURCE MANAGEMENT PLANS.
(a) REVIEW OF MILITARY INSTALLATIONS.—
(1) REVIEW.—The Secretary of each military de-
partment shall, by not later than nine months after
the date of the enactment of this Act—
(A) review each military installation in the
United States that is under the jurisdiction of
that Secretary to determine the military instal-
lations for which the preparation of an inte-
grated natural resource management plan under
section 101 of the Sikes Act, as amended by this
title, is appropriate; and
(B) submit to the Secretary of Defense a re-
port on those determinations.
(2) REPORT
TO
CONGRESS.—The Secretary of
Defense shall, by not later than 12 months after the
date of the enactment of this Act, submit to the Con-
449
gress a report on the reviews conducted under para-
graph (1). The report shall include—
(A) a list of those military installations re-
viewed under paragraph (1) for which the Sec-
retary of Defense determines the preparation of
an integrated natural resource management plan
is not appropriate; and
(B) for each of the military installations
listed under subparagraph (A), an explanation
of the reasons such a plan is not appropriate.
(b) DEADLINE FOR INTEGRATED NATURAL RESOURCE
MANAGEMENT PLANS.—Not later than two years after the
date of the submission of the report required under sub-
section (a)(2), the Secretary of Defense shall, for each mili-
tary installation for which the Secretary has not deter-
mined under subsection (a)(2)(A) that preparation of an
integrated natural resource management plan is not appro-
priate—
(1) prepare and begin implementing such a plan
mutually agreed to by the Secretary of the Interior
and the head of the appropriate State agencies under
section 101(a) of the Sikes Act, as amended by this
title; or
(2) in the case of a military installation for
which there is in effect a cooperative plan under sec-
450
tion 101(a) of the Sikes Act on the day before the date
of the enactment of this Act, complete negotiations
with the Secretary of the Interior and the heads of the
appropriate State agencies regarding changes to that
plan that are necessary for the plan to constitute an
integrated natural resource plan that complies with
that section, as amended by this title.
(c) PUBLIC COMMENT.—The Secretary of Defense shall
provide an opportunity for the submission of public com-
ments on—
(1) integrated natural resource management
plans proposed pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pursu-
ant to subsection (b)(2).
SEC. 2906. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is
amended by adding after subsection (f) (as added by section
2904(d)) the following new subsection:
‘‘(g) REVIEWS AND REPORTS.—
‘‘(1) SECRETARY OF DEFENSE.—The Secretary of
Defense shall, by not later than March 1 of each year,
review the extent to which integrated natural resource
management plans were prepared or in effect and im-
plemented in accordance with this Act in the preced-
451
ing year, and submit a report on the findings of that
review to the committees. Each report shall include—
‘‘(A) the number of integrated natural re-
source management plans in effect in the year
covered by the report, including the date on
which each plan was issued in final form or
most recently revised;
‘‘(B) the amount of moneys expended on
conservation activities conducted pursuant to
those plans in the year covered by the report, in-
cluding amounts expended under the Legacy Re-
source Management Program established under
section 8120 of the Act of November 5, 1990
(Public Law 101–511; 104 Stat. 1905); and
‘‘(C) an assessment of the extent to which
the plans comply with the requirements of sub-
section (b)(1) and (2), including specifically the
extent to which the plans ensure in accordance
with subsection (b)(2)(C) that there is no net loss
of lands to support the military missions of mili-
tary installations.
‘‘(2) SECRETARY OF THE INTERIOR.—The Sec-
retary of the Interior, by not later than March 1 of
each year and in consultation with State agencies re-
sponsible for conservation or management of fish or
452
wildlife, shall submit a report to the committees on
the amount of moneys expended by the Department
of the Interior and those State agencies in the year
covered by the report on conservation activities con-
ducted pursuant to integrated natural resource man-
agement plans.
‘‘(3) COMMITTEES
DEFINED.—For purposes of
this subsection, the term ‘committees’ means the Com-
mittee on Resources and the Committee on National
Security of the House of Representatives and the
Committee on Armed Services and the Committee on
Environment and Public Works of the Senate.’’.
SEC. 2907. TRANSFER OF WILDLIFE CONSERVATION FEES
FROM CLOSED MILITARY INSTALLATIONS.
Section 101(b)(4)(B) of the Sikes Act (16 U.S.C.
670a(b)(4)(B)) is amended by inserting before the period
at the end the following: ‘‘, unless that military installation
is subsequently closed, in which case the fees may be trans-
ferred to another military installation to be used for the
same purposes’’.
SEC. 2908. FEDERAL ENFORCEMENT OF INTEGRATED NATU-
RAL RESOURCE MANAGEMENT PLANS AND
ENFORCEMENT OF OTHER LAWS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended—
453
(1) by redesignating section 106, as amended by
section 2904(b), as section 109; and
(2) by inserting after section 105 the following
new section:
‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
‘‘All Federal laws relating to the conservation of natu-
ral resources on Federal lands may be enforced by the Sec-
retary of Defense with respect to violations of those laws
which occur on military installations within the United
States.’’.
SEC. 2909. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 106 (as added by section
2908) the following new section:
‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
‘‘The Secretary of each military department shall en-
sure that sufficient numbers of professionally trained natu-
ral resource management personnel and natural resource
law enforcement personnel are available and assigned re-
sponsibility to perform tasks necessary to comply with this
Act, including the preparation and implementation of inte-
grated natural resource management plans.’’.
454
SEC. 2910. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 107 (as added by section
2909) the following new section:
‘‘SEC. 108. DEFINITIONS.
‘‘In this title:
‘‘(1) MILITARY INSTALLATION.—The term ‘mili-
tary installation’—
‘‘(A) means any land or interest in land
owned by the United States and administered by
the Secretary of Defense or the Secretary of a
military department; and
‘‘(B) includes all public lands withdrawn
from all forms of appropriation under public
land laws and reserved for use by the Secretary
of Defense or the Secretary of a military depart-
ment.
‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The
term ‘State fish and wildlife agency’ means an agen-
cy of State government that is responsible under State
law for managing fish or wildlife resources.
‘‘(3) UNITED STATES.—The term ‘United States’
means the States, the District of Columbia, and the
territories and possessions of the United States.’’.
455
SEC. 2911. COOPERATIVE AGREEMENTS.
(a) COST SHARING.—Section 103a(b) of the Sikes Act
(16 U.S.C. 670c–1(b)) is amended by striking out ‘‘match-
ing basis’’ each place it appears and inserting in lieu there-
of ‘‘cost-sharing basis’’.
(b) ACCOUNTING.—Section 103a(c) of the Sikes Act (16
U.S.C. 670c–1(c)) is amended by inserting before the period
at the end the following: ‘‘, and shall not be subject to sec-
tion 1535 of that title’’.
SEC. 2912. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law
99–561; 16 U.S.C. 670a–1), is repealed.
SEC. 2913. CLERICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title, is
amended—
(1) in the heading for the title by striking out
‘‘MILITARY RESERVATIONS’’ and inserting in
lieu thereof ‘‘MILITARY INSTALLATIONS’’;
(2) in section 101(a) (16 U.S.C. 670a(a)), by
striking out ‘‘the reservation’’ and inserting in lieu
thereof ‘‘the installation’’;
(3) 
in 
section 
101(b)(4) 
(16 
U.S.C.
670a(b)(4))—
(A) in subparagraph (A), by striking out
‘‘the reservation’’ and inserting in lieu thereof
‘‘the installation’’; and
456
(B) in subparagraph (B), by striking out
‘‘the military reservation’’ and inserting in lieu
thereof ‘‘the military installation’’;
(4) in section 101(c) (16 U.S.C. 670a(c))—
(A) in paragraph (1), by striking out ‘‘a
military reservation’’ and inserting in lieu there-
of ‘‘a military installation’’; and
(B) in paragraph (2), by striking out ‘‘the
reservation’’ and inserting in lieu thereof ‘‘the
installation’’;
(5) in section 102 (16 U.S.C. 670b), by striking
out ‘‘military reservations’’ and inserting in lieu
thereof ‘‘military installations’’; and
(6) in section 103 (16 U.S.C. 670c)—
(A) by striking out ‘‘military reservations’’
and inserting in lieu thereof ‘‘military installa-
tions’’; and
(B) by striking out ‘‘such reservations’’ and
inserting in lieu thereof ‘‘such installations’’.
SEC. 2914. AUTHORIZATIONS OF APPROPRIATIONS.
(a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub-
sections (b) and (c) of section 109 of the Sikes Act (as redes-
ignated by section 1408) are each amended by striking out
‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting
in lieu thereof ‘‘1983 through 2000,’’.
457
(b) PROGRAMS ON PUBLIC LANDS.—Section 209 of the
Sikes Act (16 U.S.C. 670o) is amended—
(1) in subsection (a), by striking out ‘‘the sum
of $10,000,000’’ and all that follows through ‘‘to en-
able the Secretary of the Interior’’ and inserting in
lieu thereof ‘‘$4,000,000 for each of fiscal years 1998
through 2000, to enable the Secretary of the Interior’’;
and
(2) in subsection (b), by striking out ‘‘the sum
of $12,000,000’’ and all that follows through ‘‘to en-
able the Secretary of Agriculture’’ and inserting in
lieu thereof ‘‘$5,000,000 for each of fiscal years 1998
through 2000, to enable the Secretary of Agriculture’’.
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
458
for fiscal year 1998 for stockpile stewardship in carrying
out weapons activities necessary for national security pro-
grams in the amount of $1,733,400,000, to be allocated as
follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,257,100,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$1,158,290,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$98,810,000, to be allocated as follows:
Project 97–D–102, dual-axis radio-
graphic hydrotest facility, Los Alamos Na-
tional Laboratory, Los Alamos, New Mex-
ico, $46,300,000.
Project 96–D–102, stockpile steward-
ship facilities revitalization, Phase VI, var-
ious locations, $19,810,000.
Project 96–D–103, ATLAS, Los Ala-
mos National Laboratory, Los Alamos, New
Mexico, $13,400,000.
459
Project 96–D–105, contained firing fa-
cility addition, Lawrence Livermore Na-
tional Laboratory, Livermore, California,
$19,300,000.
(2) For inertial fusion, $414,800,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$217,000,000.
(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, and modification of facili-
ties, and land acquisition related thereto),
$197,800,000, to be allocated as follows:
Project 96–D–111, national ignition
facility, 
location 
to 
be 
determined,
$197,800,000.
(3) For technology transfer and education,
$61,500,000, to be allocated as follows:
(A) For technology transfer, $52,500,000.
(B) For education, $9,000,000.
(b) STOCKPILE MANAGEMENT.—Funds are hereby 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-
460
grams in the amount of $2,024,150,000, to be allocated as
follows:
(1) 
For 
operation 
and 
maintenance,
$1,868,265,000.
(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), $155,885,000, to be allocated as follows:
Project 98–D–123, stockpile management
restructuring initiative, tritium factory mod-
ernization and consolidation, Savannah River
Site, Aiken, South Carolina, $11,000,000.
Project 98–D–124, stockpile management
restructuring initiative, Y–12 Plant consolida-
tion, Oak Ridge, Tennessee, $6,450,000.
Project 98–D–125, tritium extraction facil-
ity, Savannah River Site, Aiken, South Caro-
lina, $9,650,000.
Project 98–D–126, accelerator production of
tritium, various locations, $67,865,000.
Project 97–D–122, nuclear materials stor-
age facility renovation, Los Alamos National
Laboratory, 
Los 
Alamos, 
New 
Mexico,
$9,200,000.
462
(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 $208,500,000.
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 $1,000,973,000, of which $388,000,000 shall
be allocated to the uranium enrichment decontamination
and decommissioning fund.
(b) CLOSURE PROJECTS.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1998 for closure projects carried out in accord-
ance with section 3143 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2836; 42 U.S.C. 7274n) in the amount of
$905,800,000.
(c) WASTE MANAGEMENT.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1998 for waste management in carrying out en-
463
vironmental restoration and waste management activities
necessary for national security programs in the amount of
$1,536,344,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,455,576,000.
(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.
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.
464
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.
Project 89–D–174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $1,042,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$11,250,000.
(d) TECHNOLOGY DEVELOPMENT.—Funds are 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-
465
tivities necessary for national security programs in the
amount of $182,881,000.
(e) NUCLEAR MATERIALS AND FACILITIES STABILIZA-
TION.—Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for nuclear
materials and facilities stabilization in carrying out envi-
ronmental restoration and waste management activities
necessary for national security programs in the amount of
$1,244,021,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,159,114,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
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 Laboratory, Idaho,
$500,000.
Project 97–D–450, Actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $18,000,000.
466
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.
Project 96–D–461, electrical distribution
upgrade, Idaho National Engineering Labora-
tory, Idaho, $2,927,000.
Project 96–D–464, electrical and utility sys-
tems upgrade, Idaho Chemical Processing Plant,
Idaho National Engineering 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.
467
Project 95–D–155, upgrade site road infra-
structure, Savannah River Site, South Carolina,
$2,713,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$602,000.
(f) PROGRAM DIRECTION.—Funds are hereby 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
$288,251,000.
(g) 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 $20,000,000.
(h) ENVIRONMENTAL SCIENCE PROGRAM.—Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 for the environmental science
program in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $55,000,000.
468
(i) HANFORD TANK WASTE VITRIFICATION.—Funds
are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1998 for the Hanford Tank Waste
Vitrification project, subject to the provisions of section
3145, in the amount of $70,000,000.
(j) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (h) reduced by the sum of $20,000,000, to be derived
from non-safety-related contractor training expenses.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1998 for other defense
activities in carrying out programs necessary for national
security in the amount of $1,512,551,000, to be allocated
as follows:
(1) For verification and control technology,
$428,600,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $190,000,000.
(B) For arms control, $205,000,000.
(C) For intelligence, $33,600,000.
(2) 
For 
nuclear 
safeguards 
and 
security,
$47,200,000.
(3) For security investigations, $25,000,000.
469
(4) For emergency management, $17,000,000.
(5) For program direction, $68,900,000.
(6) For worker and community transition assist-
ance, $22,000,000, to be allocated as follows:
(A) For worker and community transition,
$20,000,000.
(B) For program direction, $2,000,000.
(7) For fissile materials control and disposition,
$103,451,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$99,451,000.
(B) For program direction, $4,000,000.
(8) For environment, safety, and health, defense,
$73,000,000, to be allocated as follows:
(A) For the Office of Environment, Safety,
and Health (Defense), $63,000,000.
(B) For program direction, $10,000,000.
(9) For the Office of Hearings and Appeals,
$1,900,000.
(10) For nuclear energy, $47,000,000, to be allo-
cated as follows:
(A) For nuclear technology research and de-
velopment (electrometallurgical), $12,000,000.
(B) For international nuclear safety (So-
viet-designed reactors), $25,000,000.
470
(C) For Russian plutonium reactor core
conversion, $10,000,000.
(11) 
For 
naval 
reactors 
development,
$678,500,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$648,920,000.
(B) For program direction, $20,080,000.
(C) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and land acquisition related thereto), $9,500,000,
to be allocated as follows:
Project 98–D–200, site laboratory/facil-
ity upgrade, various locations, $1,200,000.
Project 97–D–201, advanced test reac-
tor secondary coolant refurbishment, Idaho
National Engineering Laboratory, Idaho,
$4,100,000.
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$1,100,000.
Project 90–N–102, expended core facil-
ity dry cell project, Naval Reactors Facility,
Idaho, $3,100,000.
471
SEC. 3104. 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.
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.
472
(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.
(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 $2,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized by
this title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, 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
473
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever the
current estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department
of Energy and was authorized by any 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.
474
(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated cost
of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The
Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this
title to other Federal agencies for the performance of work
for which the funds were authorized. Funds so transferred
may be merged with and be available for the same purposes
and for the same period as the 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 period as the authorization
to which the amounts are transferred.
(2) Not more than five percent of any such authoriza-
tion may be transferred between authorizations under para-
graph (1). No such authorization may be increased or de-
creased by more than five percent by a transfer under such
paragraph.
475
(3) The authority provided by this section to transfer
authorizations—
(A) may only be used to provide funds for items
relating to weapons activities necessary for national
security programs that have a higher priority than
the items from which the funds are transferred; and
(B) may not be used to provide authority for an
item that has been denied funds by Congress.
(c) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
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 for that
project. The Secretary shall submit to Congress a report on
each conceptual design completed under this paragraph.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
476
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 $2,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY
FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including 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-
477
struction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and
safety, to meet the needs of national defense, or to protect
property.
(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of any 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 appropriations Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in con-
nection with all national security programs of the Depart-
ment of Energy.
478
SEC. 3128. AUTHORITY RELATING TO TRANSFERS OF DE-
FENSE 
ENVIRONMENTAL 
MANAGEMENT
FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
ronmental management funds from a program or project
under the jurisdiction of the office to another such program
or project. Any such transfer may be made only once in
a fiscal year to or from a program or project, and the
amount transferred to or from a program or project may
not exceed $5,000,000 in a fiscal year.
(b) DETERMINATION.—A transfer may not be carried
out by a manager of a field office pursuant to the authority
provided under subsection (a) unless the manager deter-
mines that such transfer is necessary to address a risk to
health, safety, or the environment or to assure the most effi-
cient use of defense environmental management funds at
that field office.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary of Energy, acting
through the Assistant Secretary of Energy for Environ-
mental Management, shall notify Congress of any transfer
479
of funds pursuant to subsection (a) not later than 30 days
after such a transfer occurs.
(e) LIMITATION.—Funds transferred pursuant to sub-
section (a) may not be used for an item for which Congress
has specifically denied funds or for a new program or
project that has not been authorized by Congress.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A project listed in subsection (b) or (e)
of section 3102 being carried out by the office.
(B) A program referred to in subsection (a),
(b), (c), (e), or (g) of section 3102 being carried
out by the office.
(C) A project or program not described in
subparagraph (A) or (B) that is for environ-
mental restoration or waste management activi-
ties necessary for national security programs of
the Department of Energy, that is being carried
out by the office, and for which defense environ-
mental management funds have been authorized
and appropriated before the date of the enact-
ment of this Act.
480
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the Depart-
ment of Energy pursuant to an authorization for car-
rying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams.
(g) DURATION OF AUTHORITY.—The authority pro-
vided under subsection (a) to a manager of a field office
shall be in effect for the period beginning on October 1,
1997, and ending on September 30, 1998.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. BALLISTIC MISSILE DEFENSE NATIONAL LAB-
ORATORY PROGRAM.
(a) PROGRAM.—The Secretary of Energy shall estab-
lish a program for purposes of making available to the Sec-
retary of Defense the expertise of the national laboratories
for the ballistic missile defense programs of the Department
of Defense.
(b) TASK FORCE.—The Secretary of Energy shall con-
duct the program through a task force consisting of the di-
rectors of the Los Alamos National Laboratory, the Sandia
National Laboratories, and the Lawrence Livermore Na-
tional Laboratory. The chairmanship of the task force shall
481
rotate each year among the directors of the laboratories. The
director of the Lawrence Livermore National Laboratory
shall serve as the first chairman.
(c) ACTIVITIES.—Under the program, the national lab-
oratories shall carry out those activities necessary to re-
spond to requests for assistance from the Secretary of De-
fense with respect to the ballistic missile defense programs
of the Department of Defense. Such activities may include
the identification of technical modifications and test tech-
niques, the analysis of physics problems, the consolidation
of range and test activities, and the analysis and simula-
tion of theater missile defense deployment problems.
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by section 3101(a)(1), $50,000,000 shall be
available only for the program authorized by this section.
Subtitle D—Other Matters
SEC. 3141. PLAN FOR STEWARDSHIP, MANAGEMENT, AND
CERTIFICATION OF WARHEADS IN THE NU-
CLEAR WEAPONS STOCKPILE.
(a) PLAN REQUIREMENT.—The Secretary of Energy
shall develop and annually update a plan for maintaining
the nuclear weapons stockpile. The plan shall cover, at a
minimum, stockpile stewardship, stockpile management,
and program direction and shall be consistent with the pro-
482
grammatic and technical requirements of the most recent
annual Nuclear Weapons Stockpile Memorandum.
(b) PLAN ELEMENTS.—The plan and each update of
the plan shall set forth the following:
(1) The number of warheads (including active
and inactive warheads) for each type of warhead in
the nuclear weapons stockpile.
(2) The current age of each warhead type, and
any plans for stockpile lifetime extensions and modi-
fications or replacement of each warhead type.
(3) The process by which the Secretary of Energy
is assessing the lifetime, and requirements for lifetime
extension or replacement, of the nuclear and non-
nuclear components of the warheads (including active
and inactive warheads) in the nuclear weapons stock-
pile.
(4) The process used in recertifying the safety,
security, and reliability of each warhead type in the
nuclear weapons stockpile.
(5) Any concerns which would affect the ability
of the Secretary of Energy to recertify the safety, secu-
rity, or reliability of warheads in the nuclear weap-
ons stockpile (including active and inactive war-
heads).
483
(c) ANNUAL SUBMISSION OF PLAN TO CONGRESS.—
The Secretary of Energy shall submit to Congress the plan
developed under subsection (a) not later than March 15,
1998, and shall submit an updated version of the plan not
later than March 15 of each year thereafter. The plan shall
be submitted in both classified and unclassified form.
(d) REPEAL OF SUPERSEDED REQUIREMENTS.—The
following provisions of law are repealed:
(1) Subsection (d) of section 3138 of the National
Defense Authorization Act for Fiscal Year 1994 (Pub-
lic Law 103–160; 107 Stat. 1947; 42 U.S.C. 2121
note).
(2) Section 3153 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 624; 42 U.S.C. 2121 note).
(3) Section 3159 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 626; 42 U.S.C. 7271b note).
(4) Section 3156 of the National Defense Author-
ization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2841; 42 U.S.C. 7271c).
SEC. 3142. REPEAL OF OBSOLETE REPORTING REQUIRE-
MENTS.
The following provisions of law are repealed:
484
(1) Subsection (e) of section 1436 of the National
Defense Authorization Act, Fiscal Year 1989 (Public
Law 100–456; 102 Stat. 2075; 42 U.S.C. 2121 note).
(2) Section 3143 of the National Defense Author-
ization Act for Fiscal Years 1990 and 1991 (Public
Law 101–189; 103 Stat. 1681; 42 U.S.C. 7271a).
(3) Section 3134 of the National Defense Author-
ization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2639).
SEC. 3143. REVISIONS TO DEFENSE NUCLEAR FACILITIES
WORKFORCE 
RESTRUCTURING 
PLAN 
RE-
QUIREMENTS.
(a) REPEAL
OF
PERIOD
FOR
NOTIFICATION
OF
CHANGES IN WORKFORCE.—Section 3161(c)(1) of the Na-
tional Defense Authorization Act for Fiscal Year 1993 (42
U.S.C. 7274h(c)(1)) is amended—
(1) by inserting ‘‘and’’ at the end of subpara-
graph (A); and
(2) by striking out subparagraph (B).
(b) REPEAL OF REQUIREMENTS FOR PLAN UPDATES
AND SUBMISSION TO CONGRESS.—Subsections (e) and (f)
of section 3161 of such Act are repealed.
(c) PROHIBITION ON USE OF FUNDS FOR LOCAL IM-
PACT ASSISTANCE.—None of the funds authorized to be ap-
propriated to the Department of Energy pursuant to section
485
3103(6) may be used for local impact assistance from the
Department of Energy under section 3161(c)(6) of such Act
(42 U.S.C. 7274h(c)(6)).
(d) TREATMENT OF FEDERAL EMPLOYEES.—Section
3161 of such Act, as amended by subsection (b), is further
amended by adding at the end the following new subsection:
‘‘(e) TREATMENT OF FEDERAL EMPLOYEES.—This sec-
tion does not apply to employees of the Department of En-
ergy.’’.
(e) EFFECT ON USEC PRIVATIZATION ACT.—Nothing
in this section shall be construed as diminishing the obliga-
tions of the Secretary of Energy under section 3110(a)(5)
of the USEC Privatization Act (Public Law 104–134; 110
Stat. 1321–341; 42 U.S.C. 2297h–8(a)(5)).
(f) TERMINATION.—Section 3161 of such Act (42
U.S.C. 7274h) is repealed, effective on September 30, 1999.
SEC. 3144. EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
Section 3161 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
3095; 42 U.S.C. 7231 note) is amended—
(1) by striking out subsection (c); and
(2) in subsection (d)(1), by striking out ‘‘1997’’
and inserting in lieu thereof ‘‘1999’’.
486
SEC. 3145. REPORT ON PROPOSED CONTRACT FOR HAN-
FORD TANK WASTE VITRIFICATION PROJECT.
(a) PRIOR NOTICE
TO CONGRESSIONAL DEFENSE
COMMITTEES BEFORE ENTERING INTO CONTRACT.—(1)
The Secretary of Energy may not enter into a contract for
the Hanford Tank Waste Vitrification project until—
(A) the Secretary submits a report on the pro-
posed contract to the congressional defense committees;
and
(B) a period of 30 days of continuous session of
Congress has expired following the date on which the
report is submitted.
(2) For purposes of paragraph (1)(B), the continuity
of a session of Congress is broken only by an adjournment
of the Congress sine die, and the days on which either House
is not in session because of an adjournment of more than
three days to a day certain are excluded in the computation
of such 30-day period.
(b) REPORT.—A report under subsection (a)(1) shall
include the following:
(A) A description of the activities to be carried
out under the contract.
(B) A description of the funds expended, and the
funds obligated but not expended, as of the date of the
report on remediation of Hanford tank waste since
1989.
487
(C) A description of the contractual and finan-
cial aspects of the contract, including any provisions
relating to the risk of nonperformance and risk as-
sumption by the United States and the contractor or
contractors.
(D) An analysis of the cost to the United States
of the proposed contract, including a detailed analysis
of the annual budget authority and outlay require-
ments for the life of the project.
(E) If the proposed contract contemplates con-
struction of two projects, an analysis of the basis for
the selection of the two projects, and a detailed analy-
sis of the costs to the United States of two projects
compared to the costs to the United States of one
project.
(F) If the proposed contract provides for financ-
ing of the project (or projects) by an entity or entities
other than the United States, a detailed analysis of
the costs of such financing compared to the costs of
financing the project (or projects) by the United
States.
SEC. 3146. LIMITATION ON CONDUCT OF SUBCRITICAL NU-
CLEAR WEAPONS TESTS.
The Secretary of Energy may not conduct any sub-
critical nuclear weapons tests using funds available to the
488
Secretary for fiscal year 1998 until 30 days after the Sec-
retary submits to the Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives a detailed report on the manner
in which funds available to the Secretary for fiscal years
1996 and 1997 to conduct such tests were used.
SEC. 3147. LIMITATION ON USE OF CERTAIN FUNDS UNTIL
FUTURE USE PLANS ARE SUBMITTED.
(a) LIMITATION.—The Secretary of Energy may not
use more than 80 percent of the funds available to the Sec-
retary pursuant to the authorization of appropriations in
section 3102(f) (relating to policy and management) until
the Secretary submits the plans described in subsection (b).
(b) PLANS.—The plans referred to in subsection (a) are
the draft future use plan and the final future use plan re-
quired under section 3153(f) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–201;
110 Stat. 2840; 42 U.S.C. 7274k).
SEC. 3148. PLAN FOR EXTERNAL OVERSIGHT OF NATIONAL
LABORATORIES.
(a) PLAN REQUIREMENT.—The Secretary of Energy,
acting through the Assistant Secretary for Defense Pro-
grams, shall develop a plan for the external oversight of the
national laboratories.
(b) PLAN ELEMENTS.—The plan shall—
489
(1) provide for the establishment of an external
oversight committee comprised of representatives of
industry and academia for the purpose of making rec-
ommendations to the Secretary of Energy and the
congressional defense committees on the productivity
of the laboratories and on the excellence, relevance,
and appropriateness of the research conducted by the
laboratories; and
(2) provide for the establishment of a competitive
peer review process for funding basic research at the
laboratories.
(c) SUBMISSION TO CONGRESS.—The Secretary of En-
ergy shall submit the plan to the congressional defense com-
mittees not later than 120 days after the date of the enact-
ment of this Act.
(d) NATIONAL LABORATORIES COVERED.—For pur-
poses of this section, the national laboratories are—
(1) the Lawrence Livermore National Labora-
tory, Livermore, California;
(2) the Los Alamos National Laboratory, Los Al-
amos, New Mexico;
(3) the Sandia National Laboratories, Albuquer-
que, New Mexico; and
(4) the Nevada Test Site.
490
SEC. 3149. UNIVERSITY-BASED RESEARCH CENTER.
(a) FINDINGS.—The Congress finds the following:
(1) The maintenance of scientific and engineer-
ing competence in the United States is vital to long-
term national security and the defense and national
security missions of the Department of Energy.
(2) Engaging the universities and colleges of the
Nation in research on long-range problems of vital
national security interest will be critical to solving
the technology challenges faced within the defense and
national programs of the Department of Energy in
the next century.
(3) Enhancing collaboration among the national
laboratories, universities and colleges, and industry
will contribute significantly to the performance of
these Department of Energy missions.
(b) CENTER.—The Secretary of Energy shall establish
a university-based research center at a location that can
develop the most effective collaboration among national lab-
oratories, universities and colleges, and industry in support
of scientific and engineering advancement in key Depart-
ment of Energy defense program areas.
(c) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy in fiscal year 1998,
the Secretary shall make $5,000,000 available for the estab-
lishment and operation of the Center.
491
SEC. 3150. STOCKPILE STEWARDSHIP PROGRAM.
(a) FINDINGS.—Congress finds the following:
(1) Eliminating the threat posed by nuclear
weapons to the United States is an important na-
tional security goal.
(2) As long as nuclear threats remain, the nu-
clear deterrent of the United States must be effective
and reliable.
(3) A safe, secure, effective, and reliable United
States nuclear stockpile is central to the current nu-
clear deterrence strategy of the United States.
(4) The Secretary of Energy has undertaken a
stockpile stewardship and management program to
ensure the safety, security, effectiveness, and reliabil-
ity of the nuclear weapons stockpile of the United
States, consistent with all United States treaty re-
quirements and the requirements of the nuclear deter-
rence strategy of the United States.
(5) It is the policy of the current administration
that new nuclear weapon designs are not required to
effectively implement the nuclear deterrence strategy
of the United States.
(b) POLICY.—It is the policy of the United States
that—
(1) activities of the stockpile stewardship pro-
gram shall be directed toward ensuring that the Unit-
492
ed States possesses a safe, secure, effective, and reli-
able nuclear stockpile, consistent with the national se-
curity requirements of the United States; and
(2) stockpile stewardship activities of the United
States shall be conducted in conformity with the
terms of the Treaty on the Non-Proliferation of Nu-
clear Weapons (TIAS 6839) and the Comprehensive
Test Ban Treaty signed by the President on Septem-
ber 24, 1996, when and if that treaty enters into
force.
SEC. 3151. REPORTS ON ADVANCED SUPERCOMPUTER
SALES TO CERTAIN FOREIGN NATIONS.
(a) REPORTS.—The Secretary of Energy shall require
that any company that is a participant in the Accelerated
Strategic Computing Initiative (ASCI) program of the De-
partment of Energy report to the Secretary and to the Sec-
retary of Defense each sale by that company to a country
designated as a Tier III country of a computer capable of
operating at a speed in excess of 2,000,000 theoretical oper-
ations per second (MTOPS). The report shall include a de-
scription of the following with respect to each such sale:
(1) The anticipated end-use of the computer sold.
(2) The software included with the computer.
(3) Any arrangement under the terms of the sale
regarding—
493
(A) upgrading the computer;
(B) servicing of the computer; or
(C) the furnishing of spare parts for the
computer.
(b) COVERED COUNTRIES.—For purposes of this sec-
tion, the countries designated as Tier III countries are the
countries listed as ‘‘computer tier 3’’ eligible countries in
part 740.7 of title 15 of the Code of Federal Regulations,
as in effect on June 10, 1997 (or any successor list).
(c) QUARTERLY SUBMISSION OF REPORTS.—The Sec-
retary of Energy shall require that reports under subsection
(a) be submitted quarterly.
(d) ANNUAL REPORT.—The Secretary of Energy shall
submit to Congress an annual report containing all infor-
mation received under subsection (a) during the preceding
year. The first annual report shall be submitted not later
than July 1, 1998.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1998, $17,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
494
SEC. 3202. PLAN FOR TRANSFER OF FACILITIES FROM JU-
RISDICTION OF DEFENSE NUCLEAR FACILI-
TIES SAFETY BOARD TO JURISDICTION OF
NUCLEAR REGULATORY COMMISSION.
(a) PLAN REQUIREMENT.—(1) The Defense Nuclear
Facilities Safety Board (in this section referred to as the
‘‘Board’’) shall develop, in consultation with the Secretary
of Energy and the Nuclear Regulatory Commission, a plan
for—
(A) increasing the authority of the Nuclear Reg-
ulatory Commission to include the regulation of De-
partment of Energy defense nuclear facilities; and
(B) decreasing or eliminating the functions of
the Board with respect to such facilities under chapter
21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
(2) The plan shall be submitted to Congress not later
than six months after the date of the enactment of this Act.
(b) PLAN ELEMENTS.—The plan shall include the fol-
lowing:
(1) A list of facilities as described in subsection
(c).
(2) A schedule for the orderly transfer of such fa-
cilities from the jurisdiction of the Board to the juris-
diction of the Nuclear Regulatory Commission.
495
(3) Recommendations on the order in which the
facilities should be transferred, including such rec-
ommendations as the Board considers appropriate
with respect to the suitability of the various facilities
for transfer and the appropriateness for the various
facilities of the schedule for conducting the transfer.
(4) Such other provisions as the Board considers
necessary to carry out an orderly transfer under
paragraph (2).
(c) LIST OF FACILITIES.—The plan shall contain a list
of all Department of Energy defense nuclear facilities,
grouped according to the following criteria:
(1) Facilities that are similar to facilities regu-
lated by the Nuclear Regulatory Commission on the
date of the enactment of this Act.
(2) Facilities that are in compliance with De-
partment of Energy nuclear safety requirements and
Board recommendations in existence on the date of
the enactment of this Act.
(3) Facilities the regulation of which would in-
volve the Nuclear Regulatory Commission in unique
national security interests, including the classified de-
sign and configuration of a nuclear weapon or explo-
sive device.
496
(d) FACILITY DEFINED.—In this section, the term
‘‘Department of Energy defense nuclear facility’’ has the
meaning provided by section 318 of the Atomic Energy Act
of 1954 (42 U.S.C. 2286g), except that the term includes
such a facility that is under construction or is planned by
the Secretary of Energy to be constructed.
(e) REPEAL OF PROHIBITION ON USE OF FUNDS.—
Section 210 of the Department of Energy National Security
and Military Applications of Nuclear Energy Authorization
Act of 1981 (42 U.S.C. 7272) is repealed.
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 1998, the National Defense Stockpile Manager may
obligate up to $73,000,000 of the funds in the National De-
fense Stockpile Transaction Fund for the authorized uses
of such funds under section 9(b)(2) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)).
(b) ADDITIONAL OBLIGATIONS.—The National Defense
Stockpile Manager may obligate amounts in excess of the
amount specified in subsection (a) if the National Defense
Stockpile Manager notifies Congress that extraordinary or
emergency conditions necessitate the additional obligations.
The National Defense Stockpile Manager may make the ad-
497
ditional obligations described in the notification after the
end of the 45-day period beginning on the date Congress
receives the notification.
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
SEC. 3302. DISPOSAL OF BERYLLIUM COPPER MASTER
ALLOY IN NATIONAL DEFENSE STOCKPILE.
(a) DISPOSAL AUTHORIZATION.—Pursuant to section
5(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98d(b)), the National Defense Stockpile
Manager may dispose of all beryllium copper master alloy
from the National Defense Stockpile provided for in section
4 of such Act (50 U.S.C. 98c) as part of continued efforts
to modernize the Stockpile.
(b) PRECONDITION FOR DISPOSAL.—Before beginning
the disposal of beryllium copper master alloy under sub-
section (a), the National Defense Stockpile Manager shall
certify to Congress that the disposal of beryllium copper
master alloy will not adversely affect the capability of the
National Defense Stockpile to supply the strategic and criti-
cal material needs of the United States.
(c) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of beryllium copper master alloy under
subsection (a), the National Defense Stockpile Manager
498
shall consult with the Market Impact Committee established
under section 10(c) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h–1(c)) to ensure that the
disposal of beryllium copper master alloy does not disrupt
the domestic beryllium industry.
(d) EXTENDED SALES CONTRACTS.—The National De-
fense Stockpile Manager shall provide for the use of long-
term sales contracts for the disposal of beryllium copper
master alloy under subsection (a) so that the domestic beryl-
lium industry can re-absorb this material into the market
in a gradual and nondisruptive manner. However, no such
contract shall provide for the disposal of beryllium copper
master alloy over a period longer than eight years, begin-
ning on the date of the commencement of the first contract
under this section.
(e) RELATIONSHIP
TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law regard-
ing beryllium copper master alloy.
(f) BERYLLIUM COPPER MASTER ALLOY DEFINED.—
For purposes of this section, the term ‘‘beryllium copper
master alloy’’ means an alloy of nominally four percent be-
ryllium in copper.
499
SEC. 3303. DISPOSAL OF TITANIUM SPONGE IN NATIONAL
DEFENSE STOCKPILE.
(a) DISPOSAL REQUIRED.—Subject to subsection (b),
the National Defense Stockpile Manager shall dispose of
34,800 short tons of titanium sponge contained in the Na-
tional Defense Stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c) and excess to stockpile requirements.
(b) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of titanium sponge under subsection
(a), the National Defense Stockpile Manager shall consult
with the Market Impact Committee established under sec-
tion 10(c) of the Strategic and Critical Materials Stock Pil-
ing Act (50 U.S.C. 98h–1(c)) to ensure that the disposal
of titanium sponge does not disrupt the domestic titanium
industry.
(c) RELATIONSHIP
TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law regard-
ing titanium sponge.
SEC. 3304. CONDITIONS ON TRANSFER OF STOCKPILED
PLATINUM RESERVES FOR TREASURY USE.
(a) IMPOSITION
OF CONDITIONS.—Any transfer of
platinum contained in the National Defense Stockpile pro-
vided for in section 4 of the Strategic and Critical Materials
500
Stock Piling Act (50 U.S.C. 98c) to the Secretary of the
Treasury for use to mint and issue bullion and proof plati-
num coins or for any other purpose shall be subject to the
conditions contained in this section.
(b) YEARLY LIMITATION.—The quantity of platinum
transferred from the stockpile to the Secretary of the Treas-
ury may not exceed 200,000 troy ounces during any fiscal
year, of which not more than 81,600 troy ounces per year
may be platinum of the highest quality specification.
(c) REPLACEMENT UPON NOTICE.—The Secretary of
the Treasury shall replace platinum received from the stock-
pile within one year after receiving notice from the Sec-
retary of Defense specifying the quantity and quality of
transferred platinum to be replaced and the need for re-
placement.
(d) COSTS.—Any transfer of platinum from the stock-
pile to the Secretary of the Treasury shall be made without
the expenditure of any funds available to the Department
of Defense. The Secretary of the Treasury shall be respon-
sible for all costs incurred in connection with the transfer,
subsequent to the transfer, or in connection with the replace-
ment of the transferred platinum, such as transportation,
storage, testing, refining, or casting costs.
501
SEC. 3305. RESTRICTIONS ON DISPOSAL OF CERTAIN MAN-
GANESE FERRO.
(a) REQUIREMENT
FOR REMELTING
BY DOMESTIC
FERROALLOY PRODUCERS.—High carbon manganese ferro
in the National Defense Stockpile that does not meet the
National Defense Stockpile classification of Grade One,
Specification 30(a), as revised May 22, 1992, may be sold
only for remelting by a domestic ferroalloy producer unless
the President determines that a domestic ferroalloy pro-
ducer is not available to acquire the material. After the date
of the enactment of this Act, the President may not reclas-
sify high carbon manganese ferro stored in the National De-
fense Stockpile as of that date.
(b) DOMESTIC FERROALLOY PRODUCER DEFINED.—
For purposes of this section, the term ‘‘domestic ferroalloy
producer’’ means a company or other business entity that,
as determined by the President—
(1) is engaged in operations to upgrade man-
ganese ores of metallurgical grade or manganese ferro;
and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations
in the United States.
(c) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of high carbon manganese ferro in the
National Defense Stockpile, the National Defense Stockpile
502
Manager shall consult with the Market Impact Committee
established under section 10(c) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h–1(c)) to ensure
that the disposal of high carbon manganese ferro does not
disrupt the domestic manganese ferro industry.
(d) CONFORMING REPEAL.—Section 3304 of the Na-
tional Defense Authorization Act for Fiscal Year 1996 (Pub-
lic Law 104–106; 110 Stat. 629) is repealed.
SEC. 3306. REQUIRED PROCEDURES FOR DISPOSAL OF
STRATEGIC AND CRITICAL MATERIALS.
Section 6(b) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98e(b)) is amended in the first
sentence by striking out ‘‘materials from the stockpile shall
be made by formal advertising or competitive negotiation
procedures.’’ and inserting in lieu thereof ‘‘strategic and
critical materials from the stockpile shall be made in ac-
cordance with the next sentence.’’.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $117,000,000 for fiscal year 1998 for
the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval petro-
leum reserves (as defined in section 7420(2) of such title).
503
Funds appropriated pursuant to such authorization shall
remain available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PE-
TROLEUM DURING FISCAL YEAR 1998.
Notwithstanding section 7430(b)(2) of title 10, United
States Code, during fiscal year 1998, any sale of any part
of the United States share of petroleum produced from
Naval Petroleum Reserves Numbered 1, 2, and 3 shall be
made at a price not less than 90 percent of the current sales
price, as estimated by the Secretary of Energy, of com-
parable petroleum in the same area.
SEC. 3403. TERMINATION OF ASSIGNMENT OF NAVY OFFI-
CERS TO OFFICE OF NAVAL PETROLEUM AND
OIL SHALE RESERVES.
(a) TERMINATION OF ASSIGNMENT REQUIREMENT.—
Section 2 of Public Law 96–137 (42 U.S.C. 7156a) is re-
pealed.
(b) EFFECT ON EXISTING ASSIGNMENTS.—In the case
of an officer of the Navy assigned, as of the date of the enact-
ment of this Act, to a management position within the Of-
fice of Naval Petroleum and Oil Shale Reserves, the Sec-
retary of the Navy may continue such assignment notwith-
standing the repeal of section 2 of Public Law 96–137 (42
U.S.C. 7156a), except that such assignment may not extend
beyond the date of the sale of Naval Petroleum Reserve
504
Numbered 1 (Elk Hills) pursuant to subtitle B of title
XXXIV of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 10 U.S.C. 7420 note).
TITLE XXXV—PANAMA CANAL
COMMISSION
Subtitle A—Authorization of
Expenditures From Revolving Fund
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ‘‘Panama Canal
Commission Authorization Act for Fiscal Year 1998’’.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) IN GENERAL.—Subject to subsection (b), the Pan-
ama Canal Commission is authorized to use amounts in
the Panama Canal Revolving Fund to make such expendi-
tures within the limits of funds and borrowing authority
available to it in accordance with law, and to make such
contracts and commitments, as may be necessary under the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for
the operation, maintenance, improvement, and administra-
tion of the Panama Canal for fiscal year 1998.
(b) LIMITATIONS.—For fiscal year 1998, the Panama
Canal Commission may expend from funds in the Panama
Canal Revolving Fund not more than $85,000 for official
reception and representation expenses, of which—
505
(1) not more than $23,000 may be used for offi-
cial reception and representation expenses of the Su-
pervisory Board of the Commission;
(2) not more than $12,000 may be used for offi-
cial reception and representation expenses of the Sec-
retary of the Commission; and
(3) not more than $50,000 may be used for offi-
cial reception and representation expenses of the Ad-
ministrator of the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds
available to the Commission shall be available for the pur-
chase and transportation to the Republic of Panama of pas-
senger motor vehicles built in the United States, the pur-
chase price of which shall not exceed $22,000 per vehicle.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH
TREATIES.
Expenditures authorized under this subtitle may be
made only in accordance with the Panama Canal Treaties
of 1977 and any law of the United States implementing
those treaties.
506
Subtitle B—Facilitation of Panama
Canal Transition
SEC. 3511. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Panama Canal Transition Facilitation Act of 1997’’.
(b) REFERENCES.—Except as otherwise expressly pro-
vided, whenever in this subtitle an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Panama
Canal Act of 1979 (22 U.S.C. 3601 et seq.).
SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION.
Section 3 (22 U.S.C. 3602) is amended by adding at
the end the following new subsection:
‘‘(d) For purposes of this Act:
‘‘(1) The term ‘Canal Transfer Date’ means De-
cember 31, 1999, such date being the date specified in
the Panama Canal Treaty of 1977 for the transfer of
the Panama Canal from the United States of America
to the Republic of Panama.
‘‘(2) The term ‘Panama Canal Authority’ means
the entity created by the Republic of Panama to suc-
ceed the Panama Canal Commission as of the Canal
Transfer Date.’’.
507
PART I—TRANSITION MATTERS RELATING TO
COMMISSION OFFICERS AND EMPLOYEES
SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE
COMMISSION TO ACCEPT APPOINTMENT AS
THE ADMINISTRATOR OF THE PANAMA CANAL
AUTHORITY.
(a) AUTHORITY FOR DUAL ROLE.—Section 1103 (22
U.S.C. 3613) is amended by adding at the end the following
new subsection:
‘‘(c) The Congress consents, for purposes of the 8th
clause of article I, section 9 of the Constitution of the United
States, to the acceptance by the individual serving as Ad-
ministrator of the Commission of appointment by the Re-
public of Panama to the position of Administrator of the
Panama Canal Authority. Such consent is effective only if
that individual, while serving in both such positions, serves
as Administrator of the Panama Canal Authority without
compensation, except for payments by the Republic of Pan-
ama of travel and entertainment expenses, including per
diem payments.’’.
(b) WAIVER
OF
CERTAIN
CONFLICT-OF-INTEREST
STATUTES.—Such section is further amended by adding at
the end the following new subsections:
‘‘(d) The Administrator, with respect to participation
in any matter as Administrator of the Panama Canal Com-
mission (whether such participation is before, on, or after
508
the date of the enactment of the Panama Canal Transition
Facilitation Act of 1997), shall not be subject to section 208
of title 18, United States Code, insofar as the matter relates
to prospective employment as Administrator of the Panama
Canal Authority.
‘‘(e) If the Republic of Panama appoints as the Ad-
ministrator of the Panama Canal Authority the individual
serving as the Administrator of the Commission and if that
individual accepts the appointment—
‘‘(1) the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.), shall not
apply to that individual with respect to service as the
Administrator of the Panama Canal Authority;
‘‘(2) that individual, with respect to participa-
tion in any matter as the Administrator of the Pan-
ama Canal Commission, is not subject to section 208
of title 18, United States Code, insofar as the matter
relates to service as, or performance of the duties of,
the Administrator of the Panama Canal Authority;
and
‘‘(3) that individual, with respect to official acts
performed as the Administrator of the Panama Canal
Authority, is not subject to the following:
‘‘(A) Sections 203 and 205 of title 18, Unit-
ed States Code.
509
‘‘(B) Effective upon termination of the indi-
vidual’s appointment as Administrator of the
Panama Canal Commission at noon on the
Canal Transfer Date, section 207 of title 18,
United States Code.
‘‘(C) Sections 501(a) and 502(a)(4) of the
Ethics in Government Act of 1978 (5 U.S.C.
App.), with respect to compensation received for,
and service in, the position of Administrator of
the Panama Canal Authority.’’.
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORI-
TIES.
(a) WAIVER
OF CERTAIN POST-EMPLOYMENT RE-
STRICTIONS FOR COMMISSION PERSONNEL BECOMING EM-
PLOYEES OF THE PANAMA CANAL AUTHORITY.—Section
1112 (22 U.S.C. 3622) is amended by adding at the end
the following new subsection:
‘‘(e) Effective as of the Canal Transfer Date, section
207 of title 18, United States Code, shall not apply to an
individual who is an officer or employee of the Panama
Canal Authority, but only with respect to official acts of
that individual as an officer or employee of the Authority
and only in the case of an individual who was an officer
or employee of the Commission and whose employment with
510
the Commission was terminated at noon on the Canal
Transfer Date.’’.
(b) CONSENT OF CONGRESS FOR ACCEPTANCE BY RE-
SERVE AND RETIRED MEMBERS OF THE ARMED FORCES
OF EMPLOYMENT BY PANAMA CANAL AUTHORITY.—Such
section is further amended by adding after subsection (e),
as added by subsection (a), the following new subsection:
‘‘(f)(1) The Congress consents to the following persons
accepting civil employment (and compensation for that em-
ployment) with the Panama Canal Authority for which the
consent of the Congress is required by the last paragraph
of section 9 of article I of the Constitution of the United
States, relating to acceptance of emoluments, offices, or ti-
tles from a foreign government:
‘‘(A) Retired members of the uniformed services.
‘‘(B) Members of a reserve component of the
armed forces.
‘‘(C) Members of the Commisioned Reserve Corps
of the Public Health Service.
‘‘(2) The consent of the Congress under paragraph (1)
is effective without regard to subsection (b) of section 908
of title 37, United States Code (relating to approval re-
quired for employment of Reserve and retired members by
foreign governments).’’.
511
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ES-
TABLISH COMPENSATION OF COMMISSION
OFFICERS AND EMPLOYEES.
(a) REPEAL OF LIMITATIONS ON COMMISSION AU-
THORITY.—The following provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to
basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to
salary protection upon conversion of pay rate.
(3) Section 1225 (22 U.S.C. 3665), relating to
minimum level of pay and minimum annual in-
creases.
(b) SAVINGS PROVISION.—Section 1202 (22 U.S.C.
3642) is amended by adding at the end the following new
subsection:
‘‘(c) In the case of an individual who is an officer or
employee of the Commission on the day before the date of
the enactment of the Panama Canal Transition Facilita-
tion Act of 1997 and who has not had a break in service
with the Commission since that date, the rate of basic pay
for that officer or employee on or after that date may not
be less than the rate in effect for that officer or employee
on the day before that date of enactment except—
‘‘(1) as provided in a collective bargaining agree-
ment;
512
‘‘(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-
513
graph (2)’’ and inserting in lieu thereof ‘‘subsection
(b)’’; and
(B) by redesignating subsection (d)(2) as sub-
section (b) and in that subsection—
(i) striking out ‘‘Notwithstanding para-
graph (1), an’’ and inserting in lieu thereof
‘‘An’’; and
(ii) striking out ’’referred to in paragraph
(1)’’ and inserting in lieu thereof ‘‘who is a citi-
zen of the Republic of Panama’’.
(2) The heading of such section is amended to read
as follows:
‘‘AIR TRANSPORTATION’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on January 1, 1999.
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AU-
THORITIES.
(a) RECRUITMENT, RELOCATION, AND RETENTION BO-
NUSES.—Section 1217 (22 U.S.C. 3657) is amended—
(1) by redesignating subsection (c) as subsection
(e);
(2) in subsection (e) (as so redesignated), by
striking out ‘‘for the same or similar work performed
in the United States by individuals employed by the
Government of the United States’’ and inserting in
514
lieu thereof ‘‘of the individual to whom the compensa-
tion is paid’’; and
(3) by inserting after subsection (b) the following
new subsections:
‘‘(c)(1) The Commission may pay a recruitment bonus
to an individual who is newly appointed to a position with
the Commission, or a relocation bonus to an employee of
the Commission who must relocate to accept a position, if
the Commission determines that the Commission would be
likely, in the absence of such a bonus, to have difficulty in
filling the position.
‘‘(2) A recruitment or relocation bonus may be paid
to an employee under this subsection only if the employee
enters into an agreement with the Commission to complete
a period of employment with the Commission established
by the Commission. If the employee voluntarily fails to com-
plete such period of employment or is separated from service
in such employment as a result of an adverse action before
the completion of such period, the employee shall repay the
entire amount of the bonus.
‘‘(3) A relocation bonus under this subsection may be
paid as a lump sum. A recruitment bonus under this sub-
section shall be paid on a pro rata basis over the period
of employment covered by the agreement under paragraph
515
(2). A bonus under this subsection may not be considered
to be part of the basic pay of an employee.
‘‘(d)(1) The Commission may pay a retention bonus
to an employee of the Commission if the Commission deter-
mines that—
‘‘(A) the employee has unusually high or unique
qualifications and those qualifications make it essen-
tial for the Commission to retain the employee for a
period specified by the Commission ending not later
than the Canal Transfer Date, or the Commission
otherwise has a special need for the services of the em-
ployee making it essential for the Commission to re-
tain the employee for a period specified by the Com-
mission ending not later than the Canal Transfer
Date; and
‘‘(B) the employee would be likely to leave em-
ployment with the Commission before the end of that
period if the retention bonus is not paid.
‘‘(2) A retention bonus under this subsection—
‘‘(A) shall be in a fixed amount;
‘‘(B) shall be paid on a pro rata basis (over the
period specified by the Commission as essential for
the retention of the employee), with such payments to
be made at the same time and in the same manner
as basic pay; and
516
‘‘(C) may not be considered to be part of the
basic pay of an employee.
‘‘(3) A decision by the Commission to exercise or to
not exercise the authority to pay a bonus under this sub-
section shall not be subject to review under any statutory
procedure or any agency or negotiated grievance procedure
except under any of the laws referred to in section 2302(d)
of title 5, United States Code.’’.
(b) EDUCATIONAL SERVICES.—Section 1321(e)(2) (22
U.S.C. 3731(e)(2)) is amended by striking out ‘‘and per-
sons’’ and inserting in lieu thereof ‘‘, to other Commission
employees when determined by the Commission to be nec-
essary for their recruitment or retention, and to other per-
sons’’.
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAY-
MENTS.
Chapter 2 of title I (22 U.S.C. 3641 et seq.) is amended
by adding at the end of subchapter III the following new
section:
‘‘TRANSITION SEPARATION INCENTIVE PAYMENTS
‘‘SEC. 1233. (a) In applying to the Commission and
employees of the Commission the provisions of section 663
of the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (as contained in section 101(f)
of division A of Public Law 104–208; 110 Stat. 3009–383),
517
relating to voluntary separation incentives for employees of
certain Federal agencies (in this section referred to as ‘sec-
tion 663’)—
‘‘(1) the term ‘employee’ shall mean an employee
of the Commission who has served in the Republic of
Panama in a position with the Commission for a
continuous period of at least three years immediately
before the employee’s separation under an appoint-
ment without time limitation and who is covered
under the Civil Service Retirement System or the
Federal Employees’ Retirement System under sub-
chapter III of chapter 83 or chapter 84, respectively,
of title 5, United States Code, other than—
‘‘(A) an employee described in any of sub-
paragraphs (A) through (F) of subsection (a)(2)
of section 663; or
‘‘(B) an employee of the Commission who,
during the 24-month period preceding the date of
separation, has received a recruitment or reloca-
tion bonus under section 1217(c) of this Act or
who, within the 12-month period preceding the
date of separation, received a retention bonus
under section 1217(d) of this Act;
518
‘‘(2) the strategic plan under subsection (b) of
section 663 shall include (in lieu of the matter speci-
fied in subsection (b)(2) of that section)—
‘‘(A) the positions to be affected, identified
by occupational category and grade level;
‘‘(B) the number and amounts of separation
incentive payments to be offered; and
‘‘(C) a description of how such incentive
payments will facilitate the successful transfer of
the Panama Canal to the Republic of Panama;
‘‘(3) a separation incentive payment under sec-
tion 663 may be paid to a Commission employee only
to the extent necessary to facilitate the successful
transfer of the Panama Canal by the United States
of America to the Republic of Panama as required by
the Panama Canal Treaty of 1977;
‘‘(4) such a payment—
‘‘(A) may be in an amount determined by
the Commission not to exceed $25,000; and
‘‘(B) may be made (notwithstanding the
limitation specified in subsection (c)(2)(D) of
section 663) in the case of an eligible employee
who voluntarily separates (whether by retirement
or resignation) during the 90-day period begin-
ning on the date of the enactment of this section
519
or during the period beginning on October 1,
1998, and ending on December 31, 1998;
‘‘(5) in the case of not more than 15 employees
who (as determined by the Commission) are unwill-
ing to work for the Panama Canal Authority after the
Canal Transfer Date and who occupy critical posi-
tions for which (as determined by the Commission) at
least two years of experience is necessary to ensure
that seasoned managers are in place on and after the
Canal Transfer Date, such a payment (notwithstand-
ing paragraph (4))—
‘‘(A) may be in an amount determined by
the Commission not to exceed 50 percent of the
basic pay of the employee; and
‘‘(B) may be made (notwithstanding the
limitation specified in subsection (c)(2)(D) of
section 663) in the case of such an employee who
voluntarily separates (whether by retirement or
resignation) during the 90-day period beginning
on the date of the enactment of this section; and
‘‘(6) the provisions of subsection (f) of section
663 shall not apply.
‘‘(b) A decision by the Commission to exercise or to
not exercise the authority to pay a transition separation
incentive under this section shall not be subject to review
520
under any statutory procedure or any agency or negotiated
grievance procedure except under any of the laws referred
to in section 2302(d) of title 5, United States Code.’’.
SEC. 3527. LABOR-MANAGEMENT RELATIONS.
Section 1271 (22 U.S.C. 3701) is amended by adding
at the end the following new subsection:
‘‘(c)(1) This subsection applies to any matter that be-
comes the subject of collective bargaining between the Com-
mission and the exclusive representative for any bargaining
unit of employees of the Commission during the period be-
ginning on the date of the enactment of this subsection and
ending on the Canal Transfer Date.
‘‘(2)(A) The resolution of impasses resulting from col-
lective bargaining between the Commission and any such
exclusive representative during that period shall be con-
ducted in accordance with such procedures as may be mutu-
ally agreed upon between the Commission and the exclusive
representative (without regard to any otherwise applicable
provisions of chapter 71 of title 5, United States Code).
Such mutually agreed upon procedures shall become effec-
tive upon transmittal by the Chairman of the Commission
to the Congress of notice of the agreement to use those proce-
dures and a description of those procedures.
‘‘(B) The Federal Services Impasses Panel shall not
have jurisdiction to resolve any impasse between the Com-
521
mission and any such exclusive representative in negotia-
tions over a procedure for resolving impasses.
‘‘(3) If the Commission and such an exclusive rep-
resentative do not reach an agreement concerning a proce-
dure for resolving impasses with respect to a bargaining
unit and transmit notice of the agreement under paragraph
(2) on or before July 1, 1998, the following shall be the
procedure by which collective bargaining impasses between
the Commission and the exclusive representative for that
bargaining unit shall be resolved:
‘‘(A) If bargaining efforts do not result in an
agreement, the parties shall request the Federal Medi-
ation and Conciliation Service to assist in achieving
an agreement.
‘‘(B) If an agreement is not reached within 45
days after the date on which either party requests the
assistance of the Federal Mediation and Conciliation
Service in writing (or within such shorter period as
may be mutually agreed upon by the parties), the
parties shall be considered to be at an impasse and
shall request the Federal Services Impasses Panel of
the Federal Labor Relations Authority to decide the
impasse.
‘‘(C) If the Federal Services Impasses Panel fails
to issue a decision within 90 days after the date on
522
which its services are requested (or within such short-
er period as may be mutually agreed upon by the
parties), the efforts of the Panel shall be terminated.
‘‘(D) In such a case, the Chairman of the Panel
(or another member in the absence of the Chairman)
shall immediately determine the matter by a drawing
(conducted in such manner as the Chairman (or, in
the absence of the Chairman, such other member) de-
termines appropriate) between the last offer of the
Commission and the last offer of the exclusive rep-
resentative, with the offer chosen through such draw-
ing becoming the binding resolution of the matter.
‘‘(4) In the case of a notice of agreement described in
paragraph (2)(A) that is transmitted to the Congress as de-
scribed in the second sentence of that paragraph after July
1, 1998, the impasse resolution procedures covered by that
notice shall apply to any impasse between the Commission
and the other party to the agreeement that is unresolved
on the date on which that notice is transmitted to the Con-
gress.’’.
523
SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING
FUND FOR SEVERANCE PAY FOR CERTAIN EM-
PLOYEES SEPARATED BY PANAMA CANAL AU-
THORITY AFTER CANAL TRANSFER DATE.
(a) AVAILABILITY
OF REVOLVING FUND.—Section
1302(a) (22 U.S.C. 3712(a)) is amended by adding at the
end the following new paragraph:
‘‘(10) Payment to the Panama Canal Authority,
not later than the Canal Transfer Date, of such
amount as is computed by the Commission to be the
future amount of severance pay to be paid by the
Panama Canal Authority to employees whose employ-
ment with the Authority is terminated, to the extent
that such severance pay is attributable to periods of
service performed with the Commission before the
Canal Transfer Date (and assuming for purposes of
such computation that the Panama Canal Authority,
in paying severance pay to terminated employees,
will provide for crediting of periods of service with
the Commission).’’.
(b) STYLISTIC AMENDMENTS.—Such section is further
amended—
(1) by striking out ‘‘for—’’ in the matter preced-
ing paragraph (1) and inserting in lieu thereof ‘‘for
the following purposes:’’;
524
(2) by capitalizing the initial letter of the first
word in each of paragraphs (1) through (9);
(3) by striking out the semicolon at the end of
each of paragraphs (1) through (7) and inserting in
lieu thereof a period; and
(4) by striking out ‘‘; and’’ at the end of para-
graph (8) and inserting in lieu thereof a period.
PART II—TRANSITION MATTERS RELATING TO
OPERATION AND ADMINISTRATION OF CANAL
SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM
AND BOARD OF CONTRACT APPEALS.
Title III of the Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.) is amended by inserting after the title heading
the following new chapter:
‘‘CHAPTER 1—PROCUREMENT
‘‘PROCUREMENT SYSTEM
‘‘SEC. 3101. (a) PANAMA CANAL ACQUISITION REGU-
LATION.—(1) The Commission shall establish by regulation
a comprehensive procurement system. The regulation shall
be known as the ‘Panama Canal Acquisition Regulation’
(in this section referred to as the ‘Regulation’) and shall
provide for the procurement of goods and services by the
Commission in a manner that—
525
‘‘(A) applies the fundamental operating prin-
ciples and procedures in the Federal Acquisition Reg-
ulation;
‘‘(B) uses efficient commercial standards of prac-
tice; and
‘‘(C) is suitable for adoption and uninterrupted
use by the Republic of Panama after the Canal
Transfer Date.
‘‘(2) The Regulation shall contain provisions regard-
ing the establishment of the Panama Canal Board of Con-
tract Appeals described in section 3102.
‘‘(b) SUPPLEMENT TO REGULATION.—The Commission
shall develop a Supplement to the Regulation (in this sec-
tion referred to as the ‘Supplement’) that identifies both the
provisions of Federal law applicable to procurement of
goods and services by the Commission and the provisions
of Federal law waived by the Commission under subsection
(c).
‘‘(c) WAIVER AUTHORITY.—(1) Subject to paragraph
(2), the Commission shall determine which provisions of
Federal law should not apply to procurement by the Com-
mission and may waive those laws for purposes of the Regu-
lation and Supplement.
‘‘(2) For purposes of paragraph (1), the Commission
may not waive—
526
‘‘(A) section 27 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423);
‘‘(B) the Contract Disputes Act of 1978 (41
U.S.C. 601 et seq.), other than section 10(a) of such
Act (41 U.S.C 609(a)); or
‘‘(C) civil rights, environmental, or labor laws.
‘‘(d) CONSULTATION WITH ADMINISTRATOR FOR FED-
ERAL PROCUREMENT POLICY.—In establishing the Regula-
tion and developing the Supplement, the Commission shall
consult with the Administrator for Federal Procurement
Policy.
‘‘(e) EFFECTIVE DATE.—The Regulation and the Sup-
plement shall take effect on the date of publication in the
Federal Register, or January 1, 1999, whichever is earlier.
‘‘PANAMA CANAL BOARD OF CONTRACT APPEALS
‘‘SEC. 3102. (a) ESTABLISHMENT.—(1) The Secretary
of Defense, in consultation with the Commission, shall es-
tablish a board of contract appeals, to be known as the Pan-
ama Canal Board of Contract Appeals, in accordance with
section 8 of the Contract Disputes Act of 1978 (41 U.S.C.
607). Except as otherwise provided by this section, the Pan-
ama Canal Board of Contract Appeals (in this section re-
ferred to as the ‘Board’) shall be subject to the Contract
Disputes Act of 1978 (41 U.S.C. 601 et seq.) in the same
manner as any other agency board of contract appeals es-
tablished under that Act.
527
‘‘(2) The Board shall consist of three members. At least
one member of the Board shall be licensed to practice law
in the Republic of Panama. Individuals appointed to the
Board shall take an oath of office, the form of which shall
be prescribed by the Secretary of Defense.
‘‘(b) EXCLUSIVE
JURISDICTION
TO
DECIDE
AP-
PEALS.—Notwithstanding section 10(a)(1) of the Contract
Disputes Act of 1978 (41 U.S.C. 609(a)(1)) or any other
provision of law, the Board shall have exclusive jurisdiction
to decide an appeal from a decision of a contracting officer
under section 8(d) of such Act (41 U.S.C. 607(d)).
‘‘(c) EXCLUSIVE JURISDICTION TO DECIDE PRO-
TESTS.—The Board shall decide protests submitted to it
under this subsection by interested parties in accordance
with subchapter V of title 31, United States Code. Notwith-
standing section 3556 of that title, section 1491(b) of title
28, United States Code, and any other provision of law,
the Board shall have exclusive jurisdiction to decide such
protests. For purposes of this subsection—
‘‘(1) except as provided in paragraph (2), each
reference to the Comptroller General in sections 3551
through 3555 of title 31, United States Code, is
deemed to be a reference to the Board;
‘‘(2) the reference to the Comptroller General in
section 3553(d)(3)(C)(ii) of such title is deemed to be
528
a reference to both the Board and the Comptroller
General;
‘‘(3) the report required by paragraph (1) of sec-
tion 3554(e) of such title shall be submitted to the
Comptroller General as well as the committees listed
in such paragraph;
‘‘(4) the report required by paragraph (2) of
such section shall be submitted to the Comptroller
General as well as Congress; and
‘‘(5) section 3556 of such title shall not apply to
the Board, but nothing in this subsection shall affect
the right of an interested party to file a protest with
the appropriate contracting officer.
‘‘(d) PROCEDURES.—The Board shall prescribe such
procedures as may be necessary for the expeditious decision
of appeals and protests under subsections (b) and (c).
‘‘(e) COMMENCEMENT.—The Board shall begin to func-
tion as soon as it has been established and has prescribed
procedures under subsection (d), but not later than January
1, 1999.
‘‘(f) TRANSITION.—The Board shall have jurisdiction
under subsection (b) and (c) over any appeals and protests
filed on or after the date on which the Board begins to func-
tion. Any appeals and protests filed before such date shall
remain before the forum in which they were filed.
529
‘‘(g) OTHER FUNCTIONS.—The Board may perform
functions similar to those described in this section for such
other matters or activities of the Commission as the Com-
mission may determine and in accordance with regulations
prescribed by the Commission.’’.
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AU-
THORITY.
Section 1342 (22 U.S.C. 3752) is amended—
(1) by designating the text of the section as sub-
section (a); and
(2) by adding at the end the following new sub-
sections:
‘‘(b) The Commission may provide office space, equip-
ment, supplies, personnel, and other in-kind services to the
Panama Canal Authority on a nonreimbursable basis.
‘‘(c) Any executive department or agency of the United
States may, on a reimbursable basis, provide to the Pan-
ama Canal Authority materials, supplies, equipment, work,
or services requested by the Panama Canal Authority, at
such rates as may be agreed upon by that department or
agency and the Panama Canal Authority.’’.
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR
DAMAGES.
(a) FILING OF ADMINISTRATIVE CLAIMS WITH COM-
MISSION.—Sections 1411(a) (22 U.S.C. 3771(a)) and 1412
530
(22 U.S.C. 3772) are each amended in the last sentence by
striking out ‘‘within 2 years after’’ and all that follows
through ‘‘of 1985,’’ and inserting in lieu thereof ‘‘within
one year after the date of the injury or the date of the enact-
ment of the Panama Canal Transition Facilitation Act of
1997,’’.
(b) FILING OF JUDICIAL ACTIONS.—The penultimate
sentence of section 1416 (22 U.S.C. 3776) is amended—
(1) by striking out ‘‘one year’’ the first place it
appears and inserting in lieu thereof ‘‘180 days’’; and
(2) by striking out ‘‘claim, or’’ and all that fol-
lows through ‘‘of 1985,’’ and inserting in lieu thereof
‘‘claim or the date of the enactment of the Panama
Canal Transition Facilitation Act of 1997,’’.
SEC. 3544. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended—
(1) in the first sentence, by striking out ‘‘supply
ships, and yachts’’ and inserting in lieu thereof ‘‘and
supply ships’’; and
(2) by adding at the end the following new sen-
tence: ‘‘Tolls for small vessels (including yachts), as
defined by the Commission, may be set at rates deter-
mined by the Commission without regard to the pre-
ceding provisions of this subsection.’’.
531
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LI-
ABILITY.
Section 5(a) of the Panama Canal Commission Com-
pensation Fund Act of 1988 (22 U.S.C. 3715c(a)) is amend-
ed by striking out ‘‘Upon the termination of the Panama
Canal Commission’’ and inserting in lieu thereof ‘‘By
March 31, 1998’’.
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended—
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
‘‘(g)(1) The Commission may appoint any United
States citizen to have the general powers of a notary public
to perform, on behalf of Commission employees and their
dependents outside the United States, any notarial act that
a notary public is required or authorized to perform within
the United States. Unless an earlier expiration is provided
by the terms of the appointment, any such appointment
shall expire three months after the Canal Transfer Date.
‘‘(2) Every notarial act performed by a person acting
as a notary under paragraph (1) shall be as valid, and
of like force and effect within the United States, as if exe-
cuted by or before a duly authorized and competent notary
public in the United States.
532
‘‘(3) The signature of any person acting as a notary
under paragraph (1), when it appears with the title of that
person’s office, is prima facie evidence that the signature
is genuine, that the person holds the designated title, and
that the person is authorized to perform a notarial act.’’.
SEC. 3547. COMMERCIAL SERVICES.
Section 1102b (22 U.S.C. 3612b) is amended by add-
ing at the end the following new subsection:
‘‘(e) The Commission may conduct and promote com-
mercial activities related to the management, operation, or
maintenance of the Panama Canal. Any such commercial
activity shall be carried out consistent with the Panama
Canal Treaty of 1977 and related agreements.’’.
SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION
OF CERTAIN REGULATORY FUNCTIONS RE-
LATING TO EMPLOYMENT CLASSIFICATION
APPEALS.
Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a),
3662(a)) are amended by striking out ‘‘President’’ and in-
serting in lieu thereof ‘‘Commission’’.
SEC. 3549. ENHANCED PRINTING AUTHORITY.
Section 1306(a) (22 U.S.C. 3714b(a)) is amended by
striking out ‘‘Section 501’’ and inserting in lieu thereof
‘‘Sections 501 through 517 and 1101 through 1123’’.
533
SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS.
(a) CLERICAL AMENDMENTS.—The table of contents in
section 1 is amended—
(1) by striking out the item relating to section
1210 and inserting in lieu thereof the following:
‘‘Sec. 1210. Air transportation.’’;
(2) by striking out the items relating to sections
1215, 1219, and 1225;
(3) by inserting after the item relating to section
1232 the following new item:
‘‘Sec. 1233. Transition separation incentive payments.’’;
and
(4) by inserting after the item relating to the
heading of title III the following:
‘‘CHAPTER 1—PROCUREMENT
‘‘Sec. 3101. Procurement system.
‘‘Sec. 3102. Panama Canal Board of Contract Appeals.’’.
(b) AMENDMENT TO REFLECT PRIOR CHANGE IN COM-
PENSATION OF ADMINISTRATOR.—Section 5315 of title 5,
United States Code, is amended by striking out the follow-
ing:
‘‘Administrator of the Panama Canal Commis-
sion.’’.
(c) AMENDMENTS TO REFLECT CHANGE IN TRAVEL
AND TRANSPORTATION EXPENSES AUTHORITY.—(1) Sec-
tion 5724(a)(3) of title 5, United States Code, is amended
by striking out ‘‘, the Commonwealth of Puerto Rico,’’ and
534
all that follows through ‘‘Panama Canal Act of 1979’’ and
inserting in lieu thereof ‘‘or the Commonwealth of Puerto
Rico’’.
(2) Section 5724a(j) of such title is amended—
(A) by inserting ‘‘and’’ after ‘‘Northern Mariana
Islands,’’; and
(B) by striking out ‘‘United States, and’’ and all
that follows through the period at the end and insert-
ing in lieu thereof ‘‘United States.’’.
(3) The amendments made by this subsection shall take
effect on January 1,1999.
(d) MISCELLANEOUS TECHNICAL AMENDMENTS.—
(1) Section 3(b) (22 U.S.C. 3602(b)) is amended
by striking out ‘‘the Canal Zone Code’’ and all that
follows through ‘‘other laws’’ the second place it ap-
pears and inserting in lieu thereof ‘‘laws of the Unit-
ed States and regulations issued pursuant to such
laws’’.
(2)(A) The following provisions are each amend-
ed by striking out ‘‘the effective date of this Act’’ and
inserting in lieu thereof ‘‘October 1, 1979’’: sections
3(b), 3(c), 1112(b), and 1321(c)(1).
(B) Section 1321(c)(2) is amended by striking
out ‘‘such effective date’’ and inserting in lieu thereof
‘‘October 1, 1979’’.
535
(C) 
Section 
1231(c)(3)(A) 
(22 
U.S.C.
3671(c)(3)(A)) is amended by striking out ‘‘the day
before the effective date of this Act’’ and inserting in
lieu thereof ‘‘September 30, 1979’’.
(3) Section 1102a(h), as redesignated by section
3546(1), is amended by striking out ‘‘section 1102B’’
and inserting in lieu thereof ‘‘section 1102b’’.
(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2)) is
amended by striking out ‘‘section 16 of the Act of Au-
gust 1, 1956 (22 U.S.C. 2680a),’’ and inserting in
lieu thereof ‘‘section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927)’’.
(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is
amended by striking out ‘‘as last in effect before the
effective date of section 3530 of the Panama Canal
Act Amendments of 1996’’ and inserting in lieu there-
of ‘‘as in effect on September 22, 1996’’.
(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2)) is
amended by striking out ‘‘retroactivity’’ and inserting
in lieu thereof ‘‘retroactively’’.
(7) Section 1341(f) (22 U.S.C. 3751(f)) is
amended by striking out ‘‘sections 1302(c)’’ and in-
serting in lieu thereof ‘‘sections 1302(b)’’.
536
TITLE XXXVI—MARITIME
ADMINISTRATION
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 1998.
Funds are hereby authorized to be appropriated for fis-
cal year 1998, to be available without fiscal year limitation
if so provided in appropriations Act, for the use of the De-
partment of Transportation for the Maritime Administra-
tion as follows:
(1) For expenses necessary for operations and
training activities, $70,000,000.
(2) For expenses under the loan guarantee pro-
gram authorized by title XI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1271 et seq.), $39,000,000
of which—
(A) $35,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guaran-
tees under the program; and
(B) $4,000,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
537
SEC. 3602. REPEAL OF OBSOLETE ANNUAL REPORT RE-
QUIREMENT CONCERNING RELATIVE COST
OF SHIPBUILDING IN THE VARIOUS COASTAL
DISTRICTS OF THE UNITED STATES.
(a) REPEAL.—Section 213 of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1123), is amended by striking
out paragraph (c).
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) by striking out ‘‘on—’’ in the matter preced-
ing paragraph (a) and inserting in lieu thereof ‘‘on
the following:’’;
(2) by redesignating paragraphs (a) and (b) as
paragraphs (1) and (2), respectively;
(3) by striking out the semicolon at the end of
each of those paragraphs and inserting in lieu thereof
a period; and
(4) by realigning those paragraphs so as to be
indented 2 ems from the left margin.
SEC. 3603. PROVISIONS RELATING TO MARITIME SECURITY
FLEET PROGRAM.
(a) AUTHORITY OF CONTRACTORS TO OPERATE SELF-
PROPELLED TANK VESSELS IN NONCONTIGUOUS DOMESTIC
TRADES.—Section 656(b) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1187e(b)) is amended by inserting ‘‘(1)’’
538
after ‘‘(b)’’, and by adding at the end the following new
paragraph:
‘‘(2) Subsection (a) shall not apply to operation by
a contractor of a self-propelled tank vessel in a noncontig-
uous domestic trade, or to ownership by a contractor of an
interest in a self-propelled tank vessel that operates in a
noncontiguous domestic trade.’’.
(b) RELIEF FROM DELAY IN CERTAIN OPERATIONS
FOLLOWING DOCUMENTATION.—Section 652(c) of the Mer-
chant Marine Act, 1936 (46 U.S.C. 1187a(c)) is amended
by adding at the end the following: ‘‘The third sentence of
section 901(b)(1) shall not apply to a vessel included in
an operating agreement under this subtitle.’’.
SEC. 3604. AUTHORITY TO UTILIZE REPLACEMENT VESSELS
AND CAPACITY.
Section 653(d)(1) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1187c(d)(1)) is amended to read as follows:
‘‘(1) a contractor or other person that commits
to make available a vessel or vessel capacity under the
Emergency Preparedness Program or another pri-
mary sealift readiness program approved by the Sec-
retary of Defense may, during the activation of that
vessel or capacity under that program, operate or em-
ploy in foreign commerce a foreign-flag vessel or for-
539
eign-flag vessel capacity as a temporary replacement
for the activated vessel or capacity; and’’.
SEC. 3605. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSEL.
(a) AUTHORITY TO CONVEY.—The Secretary of Trans-
portation may convey all right, title, and interest of the
United States Government in and to the vessel GOLDEN
BEAR (United States official number 239932) to the
Artship Foundation, located in Oakland, California (in this
section referred to as the ‘‘recipient’’), for use as a multi-
cultural center for the arts.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY OF VESSEL.—In carrying out sub-
section (a), the Secretary shall deliver the vessel—
(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Govern-
ment.
(2) ADDITIONAL TERMS.—The Secretary may re-
quire such additional terms in connection with the
conveyance authorized by this section as the Secretary
considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may convey to the recipient of the vessel conveyed under
540
this section any unneeded equipment from other vessels in
the National Defense Reserve Fleet, for use to restore the
vessel conveyed under this section to museum quality.
Amend the title so as to read: ‘‘A bill to authorize
appropriations for fiscal year 1998 for military activities
of the Department of Defense, for military construction,
and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for
the Armed Forces, and for other purposes.’’.