To promote the non-proliferation of nuclear weapons and other weapons of mass destruction.

Summary: Nuclear Threat Reduction Act of 2002 - States that it is U.S. policy to work cooperatively with the Russian Federation to prevent the diversion of weapons of mass destruction and material and scientific and technical expertise necessary to design and build such weapons.Amends the Cooperative Threat Reduction Act of 1993 to waive restrictions on certain assistance to the independent states of the former Soviet Union if the President certifies to Congress that such waiver is in the U.S. national security interests.States that it is U.S. policy to establish with the Russian Federation inventories of, and data exchanges concerning, nuclear warheads and certain nuclear materials. Amends the Atomic Energy Act of 1954 to allow the reciprocal exchange of such restricted data.Authorizes appropriations for FY 2003 to carry out cooperative threat reduction and related programs with the Russian Federation.Supports the President's objective for the United States, by FY 2012, to maintain between 1,700 to 2,200 operationally deployed nuclear warheads.Extends through FY 2003 the U.S. moratorium on underground testing of nuclear weapons. Requires the President to notify Congress 12 months prior to conducting any such test.Requires reports on: (1) progress made in establishing the U.S.-Russian nuclear inventories and data exchanges; (2) the number and posture of U.S. nuclear warheads; (3) options for achieving the FY 2012 level of U.S. operationally deployed nuclear warheads; and (4) options on reducing the time required to conduct an underground nuclear test.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Threat Reduction Act of 
2002''.

SEC. 2. STATEMENT OF POLICY; FINDINGS.

    (a) Statement of Policy.--It is the policy of the United States to 
work cooperatively with the Russian Federation to prevent the diversion 
of weapons of mass destruction and material (including nuclear, 
biological, and chemical weapons) and scientific and technical 
expertise necessary to design and build weapons of mass destruction.
    (b) Findings.--Congress finds the following:
            (1) It is in the national security interest of the United 
        States to reduce the number of nuclear warheads in the United 
        States and Russian arsenals, to reduce the quantity of nuclear 
        weapons materials in the United States and Russia, and to 
        expand existing programs to prevent diversion and proliferation 
        of Russian nuclear weapons and fissile materials.
            (2) The President should have at his disposal the ability 
        to successfully implement cooperative threat reduction programs 
        that prevent the proliferation of weapons of mass destruction.
            (3) As part of the effort to prevent the proliferation of 
        weapons of mass destruction, the United States should work with 
        the Russian Federation to create a comprehensive inventory and 
        data exchange of all United States and Russian nuclear weapons-
        grade material.
            (4) There should be a clear plan for the implementation of 
        the reductions in nuclear arsenals agreed upon by President 
        Bush and President Putin.
            (5) The United States should continue to observe the 
        currently maintained moratorium on nuclear tests. If the 
        President determines that it is in the interest of the United 
        States to resume testing, then he should inform Congress 12 
        months prior to the resumption of testing, giving Congress an 
        opportunity to express itself on this most important issue.

         TITLE I--COOPERATIVE THREAT REDUCTION WAIVER AUTHORITY

SEC. 101. COOPERATIVE THREAT REDUCTION WAIVER AUTHORITY.

    Section 1203 of the Cooperative Threat Reduction Act of 1993 (22 
U.S.C. 5952) is amended by adding at the end the following new 
subsection:
    ``(e) Waiver.--The restrictions in subsection (d) and section 502 
of the Freedom Support Act (P.L. 102-511) shall not apply if the 
President certifies in writing to the Speaker of the House of 
Representatives and the President pro tempore of the Senate that 
waiving such restrictions is important to the national security 
interests of the United States.''.

    TITLE II--DATA EXCHANGE WITH RUSSIA RELATING TO WEAPONS OF MASS 
                              DESTRUCTION

SEC. 201. STATEMENT OF POLICY.

    (a) Inventories and Data Exchanges.--It is the policy of the United 
States to establish cooperatively with Russia--
            (1) comprehensive inventories of the weapons-grade nuclear 
        materials, tritium, and assembled warheads of the United States 
        and of Russia; and
            (2) exchanges between the United States and Russia of 
        information as to the quantities of such materials, tritium, 
        and warheads in such inventories.
    (b) Priority.--In carrying out the policy set forth in subsection 
(a), priority shall be placed on establishing comprehensive inventories 
of, and exchanges of information as to the quantities of, tactical 
nuclear warheads.

SEC. 202. COMMUNICATION OF RESTRICTED DATA.

    Subsection d. of section 144 of the Atomic Energy Act of 1954 (42 
U.S.C. 2164) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, 
                tritium,'' after ``fissile material'';
                    (B) in subparagraph (B), by inserting ``, including 
                tactical weapons and warheads'' after ``atomic 
                weapons''; and
                    (C) in subparagraph (D), by inserting ``, including 
                data on tritium'' after ``related data''; and
            (4) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
            ``(B) is part of a reciprocal exchange of information; 
        and''.

SEC. 203. ANNUAL REPORT.

    (a) Report Required.--Not later than six months after the date of 
the enactment of this Act and annually thereafter the President shall 
submit to Congress a report describing the progress that has been made 
on the implementation of section 201.
    (b) Form of Report.--Each report under subsection (a) shall be 
submitted in both an unclassified and classified format as necessary.
    (c) Termination.--The requirement under subsection (a) shall 
terminate when the comprehensive inventory (as specified in section 
201(a)(1)) is completed and information is exchanged between the United 
States and Russian governments (as specified in section 201(a)(2)).

             TITLE III--EXPANDED NON-PROLIFERATION FUNDING

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    To carry out cooperative threat reduction and related programs in 
fiscal year 2003, there is authorized to be appropriated:
            (1) For the Department of Defense, $600,000,000, of which 
        $180,000,000 is authorized for chemical weapons destruction 
        activities in the Russian Federation, including the 
        construction of facilities at Shchuch'ye.
            (2) For the Department of Energy, $1,400,000,000 of which--
                    (A) with respect to defense nuclear 
                nonproliferation--
                            (i) $340,000,000 is authorized for 
                        nonproliferation verification and research and 
                        development;
                            (ii) $295,000,000 is authorized for 
                        international nuclear materials disposition;
                            (iii) $60,000,000 is authorized for Russian 
                        transition initiatives; and
                            (iv) $25,000,000 is authorized for 
                        international nuclear safety; and
                    (B) $520,000,000 is authorized for weapons 
                activities, campaigns, and high energy density physics, 
                of which $50,000,000 may be used for experimental 
                support technologies.
            (3) For the Department of State, $300,000,000.

        TITLE IV--MATTERS RELATING TO THE NUCLEAR POSTURE REVIEW

SEC. 401. SUPPORT OF PRESIDENT'S OBJECTIVE FOR OPERATIONALLY DEPLOYED 
              NUCLEAR WARHEADS.

    Congress supports the President's objective, as stated in the 
Nuclear Posture Review dated January 2002, for achieving, as of fiscal 
year 2012, a posture under which the United States maintains a number 
of operationally deployed nuclear warheads at a level of from 1,700 to 
2,200 such warheads.

SEC. 402. ANNUAL REPORT ON NUMBER AND POSTURE OF NUCLEAR WEAPONS.

    Not later than October 1 of each year, the Secretary of Energy 
shall submit to Congress a report on the number and posture of the 
nuclear warheads of the United States. The report shall specify the 
number of such warheads--
            (1) operationally deployed;
            (2) in the responsive force;
            (3) in the reserve force, including the number of active 
        weapons and the number of inactive weapons; and
            (4) scheduled to be dismantled.

SEC. 403. REPORT ON OPTIONS FOR ACHIEVING, PRIOR TO FISCAL YEAR 2012, 
              PRESIDENT'S OBJECTIVE FOR OPERATIONALLY DEPLOYED NUCLEAR 
              WARHEADS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Energy shall submit to Congress a report on options 
for achieving, prior to fiscal year 2012, a posture under which the 
United States maintains a number of operationally deployed nuclear 
warheads at a level of from 1,700 to 2,200 such warheads. The report 
shall include the following:
            (1) For each of fiscal years 2006, 2008, and 2010, an 
        assessment of the options for achieving such posture as of such 
        fiscal year.
            (2) An assessment of the effects of achieving such posture 
        prior to fiscal year 2012 on cost, compliance with 
        environmental law, the dismantlement workforce, relations with 
        Russia, and any other affected matter.

                        TITLE V--NUCLEAR TESTING

SEC. 501. MORATORIUM ON UNDERGROUND TESTING OF NUCLEAR WEAPONS.

    (a) Extension of Moratorium.--The moratorium on underground testing 
of nuclear weapons maintained by the United States shall continue to be 
maintained through fiscal year 2003.
    (b) Notification.--Not less than 12 months before the United States 
conducts an underground test of a nuclear weapon, the President shall 
submit to Congress a report on the test to be conducted. The report 
shall include each of the following:
            (1) The date on which the President intends such test to be 
        conducted.
            (2) The President's certification that the national 
        security of the United States requires that such test be 
        conducted, and an explanation of the reasons why the national 
        security so requires.
            (3) An assessment of the expected reactions of other 
        nations to the test.
    (c) Report on Test Readiness.--Not later than March 1, 2003, the 
Secretary of Energy shall submit to Congress a report on the options 
for reducing the amount of time required to conduct an underground test 
of a nuclear weapon after a decision to conduct such a test is made. 
The report shall include the following:
            (1) The findings of the study carried out by the Department 
        of Energy in fiscal year 2002 that examined such options.
            (2) The assessment of the Secretary as to whether reducing 
        such amount of time to less than 24 to 36 months is feasible.
            (3) The technical challenges and requirements associated 
        with reducing such amount of time to less than 24 to 36 months.
            (4) The cost, during the period from fiscal year 2003 to 
        2012, associated with reducing such amount of time to less than 
        24 to 36 months.