Ill STAT. 2034 PUBLIC LAW 105-85—NOV. 18, 1997 Subtitle C—Program Authorizations, Restrictions, and Limitations 10 USC 2431 SEC. 3131. MEMORANDUM OF UNDERSTANDING FOR USE OF NATIONAL note. LABORATORIES FOR BALLISTIC MISSILE DEFENSE PROGRAMS. (a) MEMORANDUM OF UNDERSTANDING. — The Secretary of Energy and the Secretary of Defense shall enter into a memorandum of understanding for the purpose of improving and facilitating the use by the Secretary of Defense of the expertise of the national laboratories for the ballistic missile defense programs of the Department of Defense. (b) ASSISTANCE.— The memorandum of understanding shall provide that the Secretary of Defense shall request such assistance with respect to the ballistic missile defense programs of the Department of Defense as the Secretary of Defense and the Secretary of Energy determine can be provided through the technical skills and experience of the national laboratories, using such financial arrangements as the Secretaries determine are appropriate. (c) ACTIVITIES.— The memorandum of understanding shall provide that the national laboratories shall carry out those activities necessary to respond to requests for assistance from the Secretary of Defense referred to in subsection (b). Such activities may include the identification of technical modifications and test techniques, the analysis of physics problems, the consolidation of range and test activities, and the analysis and simulation of theater missile defense deployment problems. (d) NATIONAL LABORATORIES.—For purposes of this section, the national laboratories are— (1) the Lawrence Livermore National Laboratory, Livermore, California; (2) the Los Alamos National Laboratory, Los Alamos, New Mexico; and (3) the Sandia National Laboratories, Albuquerque, New Mexico. SEC. 3132. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION PROJECTS. (a) AUTHORITY TO ENTER INTO CONTRACTS. —The Secretary of Energy may, using funds authorized to be appropriated by section 3102(i) for a project referred to in that section, enter into a contract that— (1) is awarded on a competitive basis; (2) requires the contractor to construct or acquire any equipment or facilities required to carry out the contract; (3) requires the contractor to bear any of the costs of the construction, acquisition, and operation of such equipment or facilities that arise before the commencement of the provision of goods or services under the contract; and (4) provides for payment to the contractor under the contract only upon the meeting of performance specifications in the contract. (b) NOTICE AND WAIT.— (1) The Secretary may not enter into a contract under subsection (a), exercise an authorization to proceed with such a contract or extend any contract period for such a contract by more than one year until 30 days after the date on
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