PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 2037 3101, $85,000,000 shall be available for carrying out the program described in section 3137(a) of the National Defense Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121 note). (b) LIMITATION ON AVAILABILITY. —None of the funds available under subsection (a) for carrying out the program referred to in that subsection may be obligated or expended until 30 days after the date of the receipt by Congress of the report required under subsection (c). (c) REPORT ON ALLOCATION OF FUNDS. —Not later than 30 days after the date of enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a report setting forth the proposed allocation among specific Department of Energy sites of the funds available under subsection (a) for the program referred to in that subsection. SEC. 3135. TRITIUM PRODUCTION. (a) TRITIUM PRODUCTION DECISION. —(1) Not later than December 31, 1998, the Secretary of Energy shall make a final decision on the technologies to be utilized, and the schedule to be adopted, for tritium production in order to meet the requirements in the Nuclear Weapons Stockpile Memorandum relating to tritium production, including the tritium production date of 2005 specified in the Nuclear Weapons Stockpile Memorandum. (2) In making the final decision, the Secretary shall take into account the following: (A) The requirements for tritium production specified in the Nuclear Weapons Stockpile Memorandum, including, in particular, the requirements for the so-called "upload hedge" component of the nuclear weapons stockpile. (B) The activities of the Department of Energy relating to the evaluation and demonstration of technologies under the accelerator program and the commercial light water reactor program. (C) The potential liabilities and benefits of each potential technology for tritium production, including— (i) regulatory and other barriers that might prevent the production of tritium using the technology by the production date referred to in paragraph (1); (ii) potential difficulties, if any, in licensing the technology; (iii) the variability, if any, in tritium production rates using the technology; and (iv) any other benefits (including scientific or research benefits or the generation of revenue) associated with the technology. (b) REPORTS ON DECISION.— (1) Upon making a final decision under paragraph (1) of subsection (a), the Secretary shall submit to the congressional defense committees a report on the final decision. The report shall include an assessment of how the selected technology addresses the items taken into account under paragraph (2) of that subsection. (2) If the Secretary determines that it is not possible to make the final decision by the date specified in paragraph (1) of subsection (a), the Secretary shall submit to the congressional defense committees on that date a report that explains in detail why the final decision cannot be made by that date.
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