Page:United States Statutes at Large Volume 114 Part 3.djvu/497

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-455 after the date of the enactment of this Act. Such costs may be paid from— (1) appropriations originally available for the performance of the contract concerned; (2) appropriations currently available for privatization initiatives in carrying out environmental restoration and waste management activities necessary for national security programs, and not otherwise obligated; or (3) funds appropriated specifically for the payment of such costs. SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR SECURITY ADMINISTRATION AND BALLISTIC MISSILE DEFENSE ORGANIZATION. (a) JOINTLY FUNDED PROJECTS.— The Secretary of Energy and the Secretary of Defense shall modify the memorandum of understanding for the use of the national laboratories for ballistic missile defense programs, entered into under section 3131 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105- 85; 111 Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly funded projects. (b) REQUIREMENTS FOR PROJECTS.— The projects referred to in subsection (a) shall— (1) be carried out by the National Nuclear Security Administration and the Ballistic Missile Defense Organization; and (2) contribute to sustaining— (A) the expertise necessary for the viability of such laboratories; and (B) the capabilities required to sustain the nuclear stockpile. (c) PARTICIPATION BY NNSA IN CERTAIN BMDO ACTIVITIES.— The Administrator for Nuclear Security and the Director of the Ballistic Missile Defense Organization shall implement mechanisms that increase the cooperative relationship between those organizations. Those mechanisms may include participation by personnel of the National Nuclear Security Administration in the following activities of the Ballistic Missile Defense Organization: (1) Peer reviews of technical efforts. (2) Activities of so-called "red teams". SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR INFRASTRUC- TURE UPGRADES OR MAINTENANCE IN CERTAIN ACCOUNTS OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION. (a) LIMITATION. — (1) Except as provided in paragraph (2), the Secretary of Energy may not use amounts appropriated or otherwise made available to the Secretary for fiscal year 2001 for the purpose of infrastructure upgrades or maintenance in an account specified in subsection (b) for any other purpose. (2) Paragraph (1) does not apply to a particular amount for the purpose of a particular infrastructure upgrade or maintenance project if the Secretary— (A) determines that that project is not needed by reason of a change to, or cancellation of, a program for which that project was intended to be used; and (B) submits to the congressional defense committees the report referred to in subsection (c) and a period of 45 days

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